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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 [
355 files maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2,
356 Bureau of Criminal Identification, for background screening of persons who are applying for
357 licensure, 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), [
403 license without examination to a person who has been licensed in a state, district, or territory of
404 the 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 (b) the person's license is in good standing in the state, district, or territory of the
415 United States where the license was issued; and
416 (c) the division determines that the license issued by the state, district, or territory of
417 the United States encompasses a similar scope of practice as the license sought in this state.
418 (2) The division, in consultation with the applicable licensing board, may make rules in
419 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
420 [
421 (3) Notwithstanding the provisions of Subsection (1), the division may refuse to issue a
422 license to a person under the provisions of this section if:
423 (a) the division determines that there is reasonable cause to believe that the person is
424 not qualified to receive a license in this state; or
425 (b) the person has a previous or pending disciplinary action related to the person's
426 license.
427 [
428 [
429 (a) pay a fee determined by the department under Section 63J-1-504; and
430 (b) produce satisfactory evidence of the [
431 and good standing in the occupation or profession for which licensure is sought.
432 [
433 section are subject to and may be supplemented or altered by licensure endorsement provisions
434 or multistate licensure compacts in specific chapters of this title.
435 (6) On or before October 1, 2022, the division shall provide a written report to the
436 Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
437 provisions of this section at ensuring that persons receiving a license without examination
438 under the provisions of this section are qualified to receive a license in this state.
439 Section 7. Section 58-1-307 is amended to read:
440 58-1-307. Exemptions from licensure.
441 (1) Except as otherwise provided by statute or rule, the following individuals may
442 engage in the practice of their occupation or profession, subject to the stated circumstances and
443 limitations, without being licensed under this title:
444 (a) an individual serving in the armed forces of the United States, the United States
445 Public Health Service, the United States Department of Veterans Affairs, or other federal
446 agencies while engaged in activities regulated under this chapter as a part of employment with
447 that federal agency if the individual holds a valid license to practice a regulated occupation or
448 profession issued by any other state or jurisdiction recognized by the division;
449 (b) a student engaged in activities constituting the practice of a regulated occupation or
450 profession while in training in a recognized school approved by the division to the extent the
451 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
452 part of the training program;
453 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
454 fellowship, apprenticeship, or on-the-job training program approved by the division while
455 under the supervision of qualified individuals;
456 (d) an individual residing in another state and licensed to practice a regulated
457 occupation or profession in that state, who is called in for a consultation by an individual
458 licensed in this state, and the services provided are limited to that consultation;
459 (e) an individual who is invited by a recognized school, association, society, or other
460 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
461 regulated occupation or profession if the individual does not establish a place of business or
462 regularly engage in the practice of the regulated occupation or profession in this state;
463 (f) an individual licensed under the laws of this state, other than under this title, to
464 practice or engage in an occupation or profession, while engaged in the lawful, professional,
465 and competent practice of that occupation or profession;
466 (g) an individual licensed in a health care profession in another state who performs that
467 profession while attending to the immediate needs of a patient for a reasonable period during
468 which the patient is being transported from outside of this state, into this state, or through this
469 state;
470 (h) an individual licensed in another state or country who is in this state temporarily to
471 attend to the needs of an athletic team or group, except that the practitioner may only attend to
472 the needs of the athletic team or group, including all individuals who travel with the team or
473 group in any capacity except as a spectator;
474 (i) an individual licensed and in good standing in another state, who is in this state:
475 (i) temporarily, under the invitation and control of a sponsoring entity;
476 (ii) for a reason associated with a special purpose event, based upon needs that may
477 exceed the ability of this state to address through its licensees, as determined by the division;
478 and
479 (iii) for a limited period of time not to exceed the duration of that event, together with
480 any necessary preparatory and conclusionary periods; and
481 (j) the spouse of an individual serving in the armed forces of the United States while
482 the individual is stationed within this state, provided:
483 (i) the spouse holds a valid license to practice a regulated occupation or profession
484 issued by any other state or jurisdiction recognized by the division; and
485 (ii) the license is current and the spouse is in good standing in the state of licensure.
486 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
487 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
488 practitioner derives authority to practice.
489 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
490 exempt status, denial of license, or other disciplinary proceedings.
491 (3) An individual who is licensed under a specific chapter of this title to practice or
492 engage in an occupation or profession may engage in the lawful, professional, and competent
493 practice of that occupation or profession without additional licensure under other chapters of
494 this title, except as otherwise provided by this title.
495 (4) Upon the declaration of a national, state, or local emergency, a public health
496 emergency as defined in Section 26-23b-102, or a declaration by the president of the United
497 States or other federal official requesting public health-related activities, the division in
498 collaboration with the relevant board may:
499 (a) suspend the requirements for permanent or temporary licensure of individuals who
500 are licensed in another state for the duration of the emergency while engaged in the scope of
501 practice for which they are licensed in the other state;
502 (b) modify, under the circumstances described in this Subsection (4) and Subsection
503 (5), the scope of practice restrictions under this title for individuals who are licensed under this
504 title as:
505 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
506 Osteopathic Medical Practice Act;
507 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
508 Compact - Revised;
509 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
510 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
511 Pharmacy Practice Act;
512 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
513 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
514 Practice Act; and
515 (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
516 (c) suspend the requirements for licensure under this title and modify the scope of
517 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
518 services personnel or paramedics required to be licensed under Section 26-8a-302;
519 (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
520 certain prescriptive procedures;
521 (e) exempt or modify the requirement for licensure of an individual who is activated as
522 a member of a medical reserve corps during a time of emergency as provided in Section
523 26A-1-126; [
524 (f) exempt or modify the requirement for licensure of an individual who is registered as
525 a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
526 Volunteer Health Practitioners Act[
527 (g) in accordance with rules made by the division in accordance with Title 63G,
528 Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
529 licensure of an individual engaged in one or more of the construction trades described in
530 Chapter 55, Utah Construction Trades Licensing Act.
531 (5) Individuals exempt under Subsection (4)(c) and individuals operating under
532 modified scope of practice provisions under Subsection (4)(b):
533 (a) are exempt from licensure or subject to modified scope of practice for the duration
534 of the emergency;
535 (b) must be engaged in the distribution of medicines or medical devices in response to
536 the emergency or declaration; and
537 (c) must be employed by or volunteering for:
538 (i) a local or state department of health; or
539 (ii) a host entity as defined in Section 26-49-102.
540 (6) In accordance with the protocols established under Subsection (8), upon the
541 declaration of a national, state, or local emergency, the Department of Health or a local health
542 department shall coordinate with public safety authorities as defined in Subsection
543 26-23b-110(1) and may:
544 (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
545 controlled substance to prevent or treat a disease or condition that gave rise to, or was a
546 consequence of, the emergency; or
547 (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
548 a controlled substance:
549 (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
550 pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
551 is exhausted; or
552 (ii) for dispensing or direct administration to treat the disease or condition that gave
553 rise to, or was a consequence of, the emergency by:
554 (A) a pharmacy;
555 (B) a prescribing practitioner;
556 (C) a licensed health care facility;
557 (D) a federally qualified community health clinic; or
558 (E) a governmental entity for use by a community more than 50 miles from a person
559 described in Subsections (6)(b)(ii)(A) through (D).
560 (7) In accordance with protocols established under Subsection (8), upon the declaration
561 of a national, state, or local emergency, the Department of Health shall coordinate the
562 distribution of medications:
563 (a) received from the strategic national stockpile to local health departments; and
564 (b) from local health departments to emergency personnel within the local health
565 departments' geographic region.
566 (8) The Department of Health shall establish by rule, made in accordance with Title
567 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
568 and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
569 not a controlled substance in the event of a declaration of a national, state, or local emergency.
570 The protocol shall establish procedures for the Department of Health or a local health
571 department to:
572 (a) coordinate the distribution of:
573 (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
574 controlled substance received by the Department of Health from the strategic national stockpile
575 to local health departments; and
576 (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
577 medication received by a local health department to emergency personnel within the local
578 health department's geographic region;
579 (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
580 an antibiotic, or other prescription medication that is not a controlled substance to the contact
581 of a patient without a patient-practitioner relationship, if the contact's condition is the same as
582 that of the physician's or physician assistant's patient; and
583 (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
584 an antibiotic, or other non-controlled prescription medication to an individual who:
585 (i) is working in a triage situation;
586 (ii) is receiving preventative or medical treatment in a triage situation;
587 (iii) does not have coverage for the prescription in the individual's health insurance
588 plan;
589 (iv) is involved in the delivery of medical or other emergency services in response to
590 the declared national, state, or local emergency; or
591 (v) otherwise has a direct impact on public health.
592 (9) The Department of Health shall give notice to the division upon implementation of
593 the protocol established under Subsection (8).
594 Section 8. Section 58-1-501 is amended to read:
595 58-1-501. Unlawful and unprofessional conduct.
596 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
597 under this title and includes:
598 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
599 attempting to practice or engage in any occupation or profession requiring licensure under this
600 title if the person is:
601 (i) not licensed to do so or not exempted from licensure under this title; or
602 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
603 probationary, or inactive license;
604 (b) (i) impersonating another licensee or practicing an occupation or profession under a
605 false or assumed name, except as permitted by law; or
606 (ii) for a licensee who has had a license under this title reinstated following disciplinary
607 action, practicing the same occupation or profession using a different name than the name used
608 before the disciplinary action, except as permitted by law and after notice to, and approval by,
609 the division;
610 (c) knowingly employing any other person to practice or engage in or attempt to
611 practice or engage in any occupation or profession licensed under this title if the employee is
612 not licensed to do so under this title;
613 (d) knowingly permitting the person's authority to practice or engage in any occupation
614 or profession licensed under this title to be used by another, except as permitted by law;
615 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
616 license, or otherwise dealing with the division or a licensing board through the use of fraud,
617 forgery, or intentional deception, misrepresentation, misstatement, or omission; [
618 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
619 drug or device to a person located in this state:
620 (A) without prescriptive authority conferred by a license issued under this title, or by
621 an exemption to licensure under this title; or
622 (B) with prescriptive authority conferred by an exception issued under this title or a
623 multistate practice privilege recognized under this title, if the prescription was issued without
624 first obtaining information, in the usual course of professional practice, that is sufficient to
625 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
626 proposed treatment; and
627 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
628 or cross coverage situation, provided that the person who issues the prescription has
629 prescriptive authority conferred by a license under this title, or is exempt from licensure under
630 this title[
631 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
632 an occupation or profession under this title.
633 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
634 as unprofessional conduct under this title or under any rule adopted under this title and
635 includes:
636 (a) violating[
637 order regulating an occupation or profession under this title;
638 (b) violating, or aiding or abetting any other person to violate, any generally accepted
639 professional or ethical standard applicable to an occupation or profession regulated under this
640 title;
641 (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
642 of guilty or nolo contendere which is held in abeyance pending the successful completion of
643 probation with respect to a crime of moral turpitude or any other crime that, when considered
644 with the functions and duties of the occupation or profession for which the license was issued
645 or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely
646 or competently practice the occupation or profession;
647 (d) engaging in conduct that results in disciplinary action, including reprimand,
648 censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
649 authority having jurisdiction over the licensee or applicant in the same occupation or profession
650 if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
651 proceedings under Section 58-1-401;
652 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
653 chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
654 ability of the licensee or applicant to safely engage in the occupation or profession;
655 (f) practicing or attempting to practice an occupation or profession regulated under this
656 title despite being physically or mentally unfit to do so;
657 (g) practicing or attempting to practice an occupation or profession regulated under this
658 title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
659 (h) practicing or attempting to practice an occupation or profession requiring licensure
660 under this title by any form of action or communication which is false, misleading, deceptive,
661 or fraudulent;
662 (i) practicing or attempting to practice an occupation or profession regulated under this
663 title beyond the scope of the licensee's competency, abilities, or education;
664 (j) practicing or attempting to practice an occupation or profession regulated under this
665 title beyond the scope of the licensee's license;
666 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
667 conduct connected with the licensee's practice under this title or otherwise facilitated by the
668 licensee's license;
669 (l) acting as a supervisor without meeting the qualification requirements for that
670 position that are defined by statute or rule;
671 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
672 drug or device:
673 (i) without first obtaining information in the usual course of professional practice, that
674 is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
675 the proposed treatment; or
676 (ii) with prescriptive authority conferred by an exception issued under this title, or a
677 multi-state practice privilege recognized under this title, if the prescription was issued without
678 first obtaining information, in the usual course of professional practice, that is sufficient to
679 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
680 proposed treatment;
681 (n) violating a provision of Section 58-1-501.5; or
682 (o) violating the terms of an order governing a license.
683 (3) Unless otherwise specified by statute or administrative rule, in a civil or
684 administrative proceeding commenced by the division under this title, a person subject to any
685 of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
686 violation.
687 Section 9. Section 58-1-502 is amended to read:
688 58-1-502. Unlawful and unprofessional conduct -- Penalties.
689 (1) (a) Unless otherwise specified in this title, a person who violates the unlawful
690 conduct provisions defined in this title is guilty of a class A misdemeanor.
691 (b) Unless a specific fine amount is specified elsewhere in this title, the director or the
692 director's designee may assess an administrative fine of up to $1,000 for each instance of
693 unprofessional or unlawful conduct defined in this title.
694 (2) (a) In addition to any other statutory penalty for a violation related to a specific
695 occupation or profession regulated by this title, if upon inspection or investigation, the division
696 concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a
697 rule or order issued with respect to those subsections, and that disciplinary action is
698 appropriate, the director or the director's designee from within the division shall promptly:
699 (i) issue a citation to the person according to this section and any pertinent rules;
700 (ii) attempt to negotiate a stipulated settlement; or
701 (iii) notify the person to appear before an adjudicative proceeding conducted under
702 Title 63G, Chapter 4, Administrative Procedures Act.
703 (b) (i) The division may assess a fine under this Subsection (2) against a person who
704 violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with
705 respect to those subsections, as evidenced by:
706 (A) an uncontested citation;
707 (B) a stipulated settlement; or
708 (C) a finding of a violation in an adjudicative proceeding.
709 (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
710 order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or
711 (2)(o), or a rule or order issued with respect to those subsections.
712 (c) Except for a cease and desist order, the division may not assess the licensure
713 sanctions cited in Section 58-1-401 through a citation.
714 (d) A citation shall:
715 (i) be in writing;
716 (ii) describe with particularity the nature of the violation, including a reference to the
717 provision of the chapter, rule, or order alleged to have been violated;
718 (iii) clearly state that the recipient must notify the division in writing within 20
719 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
720 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
721 (iv) clearly explain the consequences of failure to timely contest the citation or to make
722 payment of a fine assessed by the citation within the time specified in the citation.
723 (e) The division may issue a notice in lieu of a citation.
724 (f) (i) If within 20 calendar days from the service of the citation, the person to whom
725 the citation was issued fails to request a hearing to contest the citation, the citation becomes the
726 final order of the division and is not subject to further agency review.
727 (ii) The period to contest a citation may be extended by the division for cause.
728 (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
729 the license of a licensee who fails to comply with a citation after it becomes final.
730 (h) The failure of an applicant for licensure to comply with a citation after it becomes
731 final is a ground for denial of license.
732 (i) [
733 division may not issue a citation under this section after the expiration of one year following
734 the [
735 reported to the division.
736 (j) The director or the director's designee shall assess fines according to the following:
737 (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
738 (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
739 and
740 (iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
741 $2,000 for each day of continued offense.
742 (3) (a) An action for a first or second offense that has not yet resulted in a final order of
743 the division may not preclude initiation of a subsequent action for a second or subsequent
744 offense during the pendency of a preceding action.
745 (b) The final order on a subsequent action is considered a second or subsequent
746 offense, respectively, provided the preceding action resulted in a first or second offense,
747 respectively.
748 (4) (a) The director may collect a penalty that is not paid by:
749 (i) referring the matter to a collection agency; or
750 (ii) bringing an action in the district court of the county where the person against whom
751 the penalty is imposed resides or in the county where the office of the director is located.
752 (b) A county attorney or the attorney general of the state shall provide legal assistance
753 and advice to the director in an action to collect a penalty.
754 (c) A court may award reasonable attorney fees and costs to the prevailing party in an
755 action brought by the division to collect a penalty.
756 Section 10. Section 58-3a-105 is amended to read:
757 58-3a-105. Surcharge fee.
758 (1) In addition to any other fees authorized by this chapter or by the division in
759 accordance with Section 63J-1-504, the division shall require each applicant for an initial
760 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
761 surcharge fee.
762 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
763 used by the division to provide each licensee under this chapter with access to an electronic
764 reference library that provides web-based access to national, state, and local building codes and
765 standards.
766 Section 11. Section 58-3a-302 is amended to read:
767 58-3a-302. Qualifications for licensure.
768 (1) Except as provided in Subsection (2), each applicant for licensure as an architect
769 shall:
770 (a) submit an application in a form prescribed by the division;
771 (b) pay a fee determined by the department under Section 63J-1-504;
772 [
773 [
774 architecture program meeting criteria established by rule by the division in collaboration with
775 the board;
776 [
777 established by rule by the division in collaboration with the board;
778 [
779 collaboration with the board; and
780 [
781 purpose of evaluating the applicant's qualifications for license.
782 (2) Each applicant for licensure as an architect by endorsement shall:
783 (a) submit an application in a form prescribed by the division;
784 (b) pay a fee determined by the department under Section 63J-1-504;
785 [
786 [
787 (i) current licensure in good standing in a jurisdiction recognized by rule by the
788 division in collaboration with the board; and
789 (ii) current certification from the National Council of Architectural Registration
790 Boards; or
791 (iii) current license in good standing in a jurisdiction recognized by rule by the division
792 in collaboration with the board; and
793 (iv) full-time employment as a licensed architect as a principal for at least five of the
794 last seven years immediately preceding the date of the application;
795 [
796 in collaboration with the board; and
797 [
798 purpose of evaluating the applicant's qualifications for license.
799 Section 12. Section 58-3a-304 is amended to read:
800 58-3a-304. Exemptions from licensure.
801 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
802 may engage in the stated limited acts or practices without being licensed under this chapter:
803 (a) a person offering to render architectural services in this state when not licensed
804 under this chapter if the person:
805 (i) holds a current and valid architect license issued by a licensing authority recognized
806 by rule by the division in collaboration with the board;
807 (ii) discloses in writing to the potential client the fact that the architect:
808 (A) is not licensed in the state;
809 (B) may not provide architectural services in the state until the architect is licensed in
810 the state; and
811 (C) that such condition may cause a delay in the ability of the architect to provide
812 architectural services in the state;
813 (iii) notifies the division in writing of his intent to offer to render architectural services
814 in the state; and
815 (iv) does not provide architectural services or engage in the practice of architecture in
816 this state until licensed to do so;
817 (b) a person preparing a plan and specification for one or two-family dwellings,
818 including townhouses;
819 (c) a person licensed to practice professional engineering under Title 58, Chapter 22,
820 Professional Engineers and Professional Land Surveyors Licensing Act, performing
821 engineering or incidental architectural acts or practices that do not exceed the scope of the
822 education and training of the person performing architecture;
823 (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
824 under this chapter while preparing plans and specifications under the supervision of an
825 architect;
826 (e) a person preparing a plan or specification for, or supervising the alteration of or
827 repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
828 elements of a building are not changed, such as foundations, beams, columns, and structural
829 slabs, joists, bearing walls, and trusses; and
830 (f) an organization engaged in the practice of architecture, provided that:
831 (i) the organization employs a principal; and
832 (ii) all individuals employed by the organization, who are engaged in the practice of
833 architecture, are licensed or exempt from licensure under this chapter.
834 (2) Nothing in this section shall be construed to restrict a [
835 preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those
836 plans to a licensed architect for [
837 seal to that set of plans [
838 Section 13. Section 58-3a-502 is amended to read:
839 58-3a-502. Penalty for unlawful conduct.
840 (1) (a) If upon inspection or investigation, the division concludes that a person has
841 violated Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule or order
842 issued with respect to Section 58-3a-501, and that disciplinary action is appropriate, the
843 director or the director's designee from within the division for each alternative respectively,
844 shall promptly issue a citation to the person according to this chapter and any pertinent rules,
845 attempt to negotiate a stipulated settlement, or notify the person to appear before an
846 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
847 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501
848 or any rule or order issued with respect to Section 58-3a-501, as evidenced by an uncontested
849 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
850 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
851 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
852 58-3a-501 or any rule or order issued with respect to this section.
853 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
854 58-3a-401 may not be assessed through a citation.
855 (b) A citation shall:
856 (i) be in writing;
857 (ii) describe with particularity the nature of the violation, including a reference to the
858 provision of the chapter, rule, or order alleged to have been violated;
859 (iii) clearly state that the recipient must notify the division in writing within 20
860 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
861 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
862 (iv) clearly explain the consequences of failure to timely contest the citation or to make
863 payment of any fines assessed by the citation within the time specified in the citation.
864 (c) The division may issue a notice in lieu of a citation.
865 (d) Each citation issued under this section, or a copy of each citation, may be served
866 upon a person upon whom a summons may be served in accordance with the Utah Rules of
867 Civil Procedure and may be made personally or upon the person's agent by a division
868 investigator or by any person specially designated by the director or by mail.
869 (e) If within 20 calendar days from the service of the citation, the person to whom the
870 citation was issued fails to request a hearing to contest the citation, the citation becomes the
871 final order of the division and is not subject to further agency review. The period to contest a
872 citation may be extended by the division for cause.
873 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
874 the license of a licensee who fails to comply with a citation after it becomes final.
875 (g) The failure of an applicant for licensure to comply with a citation after it becomes
876 final is a ground for denial of license.
877 (h) No citation may be issued under this section after the expiration of [
878
879 that is the subject of the citation is reported to the division.
880 (i) The director or the director's designee shall assess fines according to the following:
881 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
882 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
883 and
884 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
885 $2,000 for each day of continued offense.
886 (2) An action initiated for a first or second offense which has not yet resulted in a final
887 order of the division shall not preclude initiation of any subsequent action for a second or
888 subsequent offense during the pendency of any preceding action. The final order on a
889 subsequent action shall be considered a second or subsequent offense, respectively, provided
890 the preceding action resulted in a first or second offense, respectively.
891 (3) (a) The director may collect a penalty that is not paid by:
892 (i) referring the matter to a collection agency; or
893 (ii) bringing an action in the district court of the county where the person against whom
894 the penalty is imposed resides or in the county where the office of the director is located.
895 (b) A county attorney or the attorney general of the state shall provide legal assistance
896 and advice to the director in an action to collect a penalty.
897 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
898 action brought by the division to collect a penalty.
899 Section 14. Section 58-5a-302 is amended to read:
900 58-5a-302. Qualifications to practice podiatry.
901 An applicant for licensure to practice podiatry shall:
902 (1) submit an application in a form as prescribed by the division;
903 (2) pay a fee as determined by the department under Section 63J-1-504;
904 [
905 [
906 program of professional education preparing an individual as a podiatric physician, as
907 evidenced by having received an earned degree of doctor of podiatric medicine from a podiatry
908 school or college accredited by the Council on Podiatric Medical Education;
909 [
910 applicant:
911 (a) has successfully completed 24 months of resident training in a program approved
912 by the Council on Podiatric Medical Education; or
913 (b) (i) has successfully completed 12 months of resident training in a program
914 approved by the Council on Podiatric Medical Education after receiving a degree of doctor of
915 podiatric medicine as required under Subsection [
916 (ii) has been accepted in, and is successfully participating in, progressive resident
917 training in a Council on Podiatric Medical Education approved program within Utah, in the
918 applicant's second or third year of postgraduate training; and
919 (iii) has agreed to surrender to the division the applicant's license as a podiatric
920 physician without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
921 and has agreed the applicant's license as a podiatric physician will be automatically revoked by
922 the division if the applicant fails to continue in good standing in a Council on Podiatric
923 Medical Education approved progressive resident training program within the state; and
924 [
925 Section 15. Section 58-11a-102 is amended to read:
926 58-11a-102. Definitions.
927 As used in this chapter:
928 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
929 that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
930 58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
931 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
932 Administrative Rulemaking Act.
933 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
934 requirements of Subsection 58-11a-306[
935 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
936 Administrative Rulemaking Act.
937 (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
938 requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
939 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
940 Administrative Rulemaking Act.
941 [
942 meets the requirements of Subsection 58-11a-306[
943 rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
944 Utah Administrative Rulemaking Act.
945 [
946 the requirements of Subsection 58-11a-306[
947 the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
948 Administrative Rulemaking Act.
949 [
950 practice of barbering.
951 [
952 engage in the practice of barbering instruction.
953 [
954 created in Section 58-11a-201.
955 [
956 Section 58-67-102.
957 [
958 [
959 to engage in the practice of cosmetology/barbering.
960 [
961 licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
962 [
963 instructor of a student is immediately available for consultation, advice, instruction, and
964 evaluation.
965 [
966 in the practice of electrology.
967 [
968 chapter to engage in the practice of electrology instruction.
969 [
970 in the practice of esthetics.
971 [
972 this chapter to engage in the practice of esthetics instruction.
973 [
974 Enforcement Fund created in Section 58-11a-103.
975 [
976 person's natural human hair.
977 (b) "Hair braiding" includes the following methods or styles:
978 (i) African-style braiding;
979 (ii) box braids;
980 (iii) cornrows;
981 (iv) dreadlocks;
982 (v) french braids;
983 (vi) invisible braids;
984 (vii) micro braids;
985 (viii) single braids;
986 (ix) single plaits;
987 (x) twists;
988 (xi) visible braids;
989 (xii) the use of lock braids; and
990 (xiii) the use of decorative beads, accessories, and nonhair extensions.
991 (c) "Hair braiding" does not include:
992 (i) the use of:
993 (A) wefts;
994 (B) synthetic tape;
995 (C) synthetic glue;
996 (D) keratin bonds;
997 (E) fusion bonds; or
998 (F) heat tools;
999 (ii) the cutting of human hair; or
1000 (iii) the application of heat, dye, a reactive chemical, or other preparation to:
1001 (A) alter the color of the hair; or
1002 (B) straighten, curl, or alter the structure of the hair.
1003 [
1004 engage in the practice of hair design.
1005 [
1006 chapter to engage in the practice of hair design instruction.
1007 [
1008 cosmetology/barber school licensed under this chapter.
1009 [
1010 this chapter.
1011 [
1012 chapter.
1013 [
1014 this chapter.
1015 [
1016 under this chapter.
1017 [
1018 to engage in the practice of master-level esthetics.
1019 [
1020 engage in the practice of nail technology.
1021 [
1022 chapter to engage in the practice of nail technology instruction.
1023 [
1024 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
1025 scissors, shears, clippers, or other appliances;
1026 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
1027 (c) removing hair from the face or neck of a person by the use of shaving equipment;
1028 and
1029 (d) when providing other services described in this Subsection [
1030 massaging the head, back of the neck, and shoulders by manual or mechanical means.
1031 [
1032 at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
1033 apprenticeship.
1034 [
1035 procedures done on the body for cosmetic purposes and not for the treatment of medical,
1036 physical, or mental ailments:
1037 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
1038 masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
1039 application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
1040 removal by buffing or filing;
1041 (b) limited chemical exfoliation as defined by rule;
1042 (c) removing superfluous hair by means other than electrolysis, except that an
1043 individual is not required to be licensed as an esthetician to engage in the practice of threading;
1044 (d) other esthetic preparations or procedures with the use of the hands, a
1045 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
1046 for the treatment of medical, physical, or mental ailments;
1047 (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
1048 eyelash or eyebrow extensions; or
1049 (f) except as provided in Subsection [
1050 under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
1051 following:
1052 (i) superfluous hair removal which shall be under indirect supervision;
1053 (ii) anti-aging resurfacing enhancements;
1054 (iii) photo rejuvenation; or
1055 (iv) tattoo removal.
1056 [
1057 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1058 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1059 person;
1060 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
1061 other appliances;
1062 (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
1063 eyelash or eyebrow extensions;
1064 (iv) removing hair from the body of a person by the use of depilatories, waxing, or
1065 shaving equipment;
1066 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
1067 or both on the human head; or
1068 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
1069 hair.
1070 (b) The term "practice of cosmetology/barbering" includes:
1071 (i) the practice of barbering;
1072 (ii) the practice of basic esthetics; and
1073 (iii) the practice of nail technology.
1074 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
1075 the practice of threading.
1076 [
1077 of cosmetology/barbering:
1078 (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
1079 technology school; or
1080 (b) for an approved cosmetologist/barber apprenticeship.
1081 [
1082 (a) the removal of superfluous hair from the body of a person by the use of electricity,
1083 waxing, shaving, or tweezing; or
1084 (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
1085 superfluous hair removal.
1086 [
1087 electrology at a licensed electrology school.
1088 [
1089 esthetics or the practice of master-level esthetics:
1090 (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
1091 (b) for an approved esthetician apprenticeship or an approved master esthetician
1092 apprenticeship.
1093 [
1094 (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1095 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1096 person;
1097 (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
1098 shears, clippers, or other appliances;
1099 (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
1100 both on the human head; or
1101 (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
1102 hair.
1103 [
1104 design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
1105 barber school.
1106 [
1107 (i) any of the following when done for cosmetic purposes on the body and not for the
1108 treatment of medical, physical, or mental ailments:
1109 (A) body wraps as defined by rule;
1110 (B) hydrotherapy as defined by rule;
1111 (C) chemical exfoliation as defined by rule;
1112 (D) advanced pedicures as defined by rule;
1113 (E) sanding, including microdermabrasion;
1114 (F) advanced extraction;
1115 (G) other esthetic preparations or procedures with the use of:
1116 (I) the hands; or
1117 (II) a mechanical or electrical apparatus which is approved for use by division rule for
1118 beautifying or similar work performed on the body for cosmetic purposes and not for the
1119 treatment of a medical, physical, or mental ailment; or
1120 (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
1121 physician's evaluation before the procedure, as needed, unless specifically required under
1122 Section 58-1-506, and limited to the following:
1123 (I) superfluous hair removal;
1124 (II) anti-aging resurfacing enhancements;
1125 (III) photo rejuvenation; or
1126 (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
1127 assistant's evaluation before the tattoo removal procedure, as required by Subsection
1128 58-1-506(3)(a); and
1129 (ii) lymphatic massage by manual or other means as defined by rule.
1130 (b) Notwithstanding the provisions of Subsection [
1131 esthetician may perform procedures listed in Subsection [
1132 under the supervision of a cosmetic supervisor acting within the scope of the cosmetic
1133 supervisor license.
1134 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
1135 an individual is not required to be licensed as an esthetician or master-level esthetician to
1136 engage in the practice of threading.
1137 [
1138 massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
1139 hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
1140 application and removal of sculptured or artificial nails.
1141 [
1142 technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
1143 an approved nail technician apprenticeship.
1144 [
1145 than Utah, whose students, upon graduation, are recognized as having completed the
1146 educational requirements for licensure in that state.
1147 [
1148 school located in a state other than Utah, whose students, upon graduation, are recognized as
1149 having completed the educational requirements for licensure in that state.
1150 [
1151 state other than Utah, whose students, upon graduation, are recognized as having completed the
1152 educational requirements for licensure in that state.
1153 [
1154 other than Utah, whose students, upon graduation, are recognized as having completed the
1155 educational requirements for licensure in that state.
1156 [
1157 state other than Utah, whose students, upon graduation, are recognized as having completed the
1158 educational requirements for licensure in that state.
1159 [
1160 located in a state other than Utah, whose students, upon graduation, are recognized as having
1161 completed the educational requirements for licensure in that state.
1162 [
1163 cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
1164 [
1165 [
1166 58-11a-501 and as may be further defined by rule by the division in collaboration with the
1167 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1168 Section 16. Section 58-11a-302 is amended to read:
1169 58-11a-302. Qualifications for licensure.
1170 (1) Each applicant for licensure as a barber shall:
1171 (a) submit an application in a form prescribed by the division;
1172 (b) pay a fee determined by the department under Section 63J-1-504;
1173 [
1174 [
1175 (i) graduation from a licensed or recognized barber school, or a licensed or recognized
1176 cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
1177 instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
1178 (ii) (A) graduation from a recognized barber school located in a state other than Utah
1179 whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
1180 credit hours; and
1181 (B) practice as a licensed barber in a state other than Utah for not less than the number
1182 of hours required to equal 1,000 total hours when added to the hours of instruction described in
1183 Subsection [
1184 (iii) completion of an approved barber apprenticeship; and
1185 [
1186 (2) Each applicant for licensure as a barber instructor shall:
1187 (a) submit an application in a form prescribed by the division;
1188 (b) subject to Subsection (24), pay a fee determined by the department under Section
1189 63J-1-504;
1190 (c) provide satisfactory documentation that the applicant is currently licensed as a
1191 barber;
1192 [
1193 [
1194 (i) an instructor training program conducted by a licensed or recognized school, as
1195 defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
1196 hours;
1197 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1198 recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
1199 number of credit hours; or
1200 (iii) a minimum of 2,000 hours of experience as a barber; and
1201 [
1202 (3) Each applicant for licensure as a barber school shall:
1203 (a) submit an application in a form prescribed by the division;
1204 (b) pay a fee determined by the department under Section 63J-1-504; and
1205 (c) provide satisfactory documentation:
1206 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1207 (ii) of business licensure from the city, town, or county in which the school is located;
1208 (iii) that the applicant's physical facilities comply with the requirements established by
1209 rule; and
1210 (iv) that the applicant meets:
1211 (A) the standards for barber schools, including staff and accreditation requirements,
1212 established by rule; and
1213 (B) the requirements for recognition as an institution of postsecondary study as
1214 described in Subsection (22).
1215 (4) Each applicant for licensure as a cosmetologist/barber shall:
1216 (a) submit an application in a form prescribed by the division;
1217 (b) pay a fee determined by the department under Section 63J-1-504;
1218 [
1219 [
1220 (i) graduation from a licensed or recognized cosmetology/barber school whose
1221 curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
1222 credit hours, with full flexibility within those hours;
1223 (ii) (A) graduation from a recognized cosmetology/barber school located in a state
1224 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1225 equivalent number of credit hours, with full flexibility within those hours; and
1226 (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
1227 than the number of hours required to equal 1,600 total hours when added to the hours of
1228 instruction described in Subsection [
1229 (iii) completion of an approved cosmetology/barber apprenticeship; and
1230 [
1231 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
1232 (a) submit an application in a form prescribed by the division;
1233 (b) subject to Subsection (24), pay a fee determined by the department under Section
1234 63J-1-504;
1235 (c) provide satisfactory documentation that the applicant is currently licensed as a
1236 cosmetologist/barber;
1237 [
1238 [
1239 (i) an instructor training program conducted by a licensed or recognized school, as
1240 defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
1241 hours;
1242 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1243 recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
1244 number of credit hours; or
1245 (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
1246 [
1247 (6) Each applicant for licensure as a cosmetologist/barber school shall:
1248 (a) submit an application in a form prescribed by the division;
1249 (b) pay a fee determined by the department under Section 63J-1-504; and
1250 (c) provide satisfactory documentation:
1251 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1252 (ii) of business licensure from the city, town, or county in which the school is located;
1253 (iii) that the applicant's physical facilities comply with the requirements established by
1254 rule; and
1255 (iv) that the applicant meets:
1256 (A) the standards for cosmetology schools, including staff and accreditation
1257 requirements, established by rule; and
1258 (B) the requirements for recognition as an institution of postsecondary study as
1259 described in Subsection (22).
1260 (7) Each applicant for licensure as an electrologist shall:
1261 (a) submit an application in a form prescribed by the division;
1262 (b) pay a fee determined by the department under Section 63J-1-504;
1263 [
1264 [
1265 recognized electrology school after completing a curriculum of 600 hours of instruction or the
1266 equivalent number of credit hours; and
1267 [
1268 (8) Each applicant for licensure as an electrologist instructor shall:
1269 (a) submit an application in a form prescribed by the division;
1270 (b) subject to Subsection (24), pay a fee determined by the department under Section
1271 63J-1-504;
1272 (c) provide satisfactory documentation that the applicant is currently licensed as an
1273 electrologist;
1274 [
1275 [
1276 (i) an instructor training program conducted by a licensed or recognized school, as
1277 defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
1278 hours;
1279 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1280 recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
1281 number of credit hours; or
1282 (iii) a minimum of 1,000 hours of experience as an electrologist; and
1283 [
1284 (9) Each applicant for licensure as an electrologist school shall:
1285 (a) submit an application in a form prescribed by the division;
1286 (b) pay a fee determined by the department under Section 63J-1-504; and
1287 (c) provide satisfactory documentation:
1288 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1289 (ii) of business licensure from the city, town, or county in which the school is located;
1290 (iii) that the applicant's facilities comply with the requirements established by rule; and
1291 (iv) that the applicant meets:
1292 (A) the standards for electrologist schools, including staff, curriculum, and
1293 accreditation requirements, established by rule; and
1294 (B) the requirements for recognition as an institution of postsecondary study as
1295 described in Subsection (22).
1296 (10) Each applicant for licensure as an esthetician shall:
1297 (a) submit an application in a form prescribed by the division;
1298 (b) pay a fee determined by the department under Section 63J-1-504;
1299 [
1300 [
1301 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
1302 cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
1303 instruction with a minimum of 600 hours or the equivalent number of credit hours;
1304 (ii) completion of an approved esthetician apprenticeship; or
1305 (iii) (A) graduation from a recognized cosmetology/barber school located in a state
1306 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1307 equivalent number of credit hours, with full flexibility within those hours; and
1308 (B) practice as a licensed cosmetologist/barber for not less than the number of hours
1309 required to equal 1,600 total hours when added to the hours of instruction described in
1310 Subsection [
1311 [
1312 (11) Each applicant for licensure as a master esthetician shall:
1313 (a) submit an application in a form prescribed by the division;
1314 (b) pay a fee determined by the department under Section 63J-1-504;
1315 [
1316 [
1317 (i) completion of at least 1,200 hours of training, or the equivalent number of credit
1318 hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1319 1,200 hours may have been completed:
1320 (A) at a licensed or recognized cosmetology/barbering school, if the applicant
1321 graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
1322 the equivalent number of credit hours, with full flexibility within those hours; or
1323 (B) at a licensed or recognized cosmetology/barber school located in a state other than
1324 Utah, if the applicant graduated from the school and its curriculum contained full flexibility
1325 within its hours of instruction; or
1326 (ii) completion of an approved master esthetician apprenticeship;
1327 [
1328 documentation to show completion of 200 hours of training, or the equivalent number of credit
1329 hours, in lymphatic massage as defined by division rule; and
1330 [
1331 (12) Each applicant for licensure as an esthetician instructor shall:
1332 (a) submit an application in a form prescribed by the division;
1333 (b) subject to Subsection (24), pay a fee determined by the department under Section
1334 63J-1-504;
1335 (c) provide satisfactory documentation that the applicant is currently licensed as a
1336 master esthetician;
1337 [
1338 [
1339 (i) an instructor training program conducted by a licensed or recognized school, as
1340 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1341 hours;
1342 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1343 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1344 number of credit hours; or
1345 (iii) a minimum of 1,000 hours of experience in esthetics; and
1346 [
1347 (13) Each applicant for licensure as an esthetics school shall:
1348 (a) submit an application in a form prescribed by the division;
1349 (b) pay a fee determined by the department under Section 63J-1-504; and
1350 (c) provide satisfactory documentation:
1351 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1352 (ii) of business licensure from the city, town, or county in which the school is located;
1353 (iii) that the applicant's physical facilities comply with the requirements established by
1354 rule; and
1355 (iv) that the applicant meets:
1356 (A) the standards for esthetics schools, including staff, curriculum, and accreditation
1357 requirements, established by division rule made in collaboration with the board; and
1358 (B) the requirements for recognition as an institution of postsecondary study as
1359 described in Subsection (22).
1360 (14) Each applicant for licensure as a hair designer shall:
1361 (a) submit an application in a form prescribed by the division;
1362 (b) pay a fee determined by the department under Section 63J-1-504;
1363 [
1364 [
1365 (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
1366 barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
1367 equivalent number of credit hours, with full flexibility within those hours;
1368 (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
1369 school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
1370 instruction, or the equivalent number of credit hours, with full flexibility within those hours;
1371 and
1372 (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
1373 Utah for not less than the number of hours required to equal 1,200 total hours when added to
1374 the hours of instruction described in Subsection [
1375 (iii) being a state licensed cosmetologist/barber; [
1376 (iv) completion of an approved hair designer apprenticeship; and
1377 [
1378 (15) Each applicant for licensure as a hair designer instructor shall:
1379 (a) submit an application in a form prescribed by the division;
1380 (b) subject to Subsection (24), pay a fee determined by the department under Section
1381 63J-1-504;
1382 (c) provide satisfactory documentation that the applicant is currently licensed as a hair
1383 designer or as a cosmetologist/barber;
1384 [
1385 [
1386 (i) an instructor training program conducted by a licensed or recognized school, as
1387 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1388 hours;
1389 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1390 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1391 number of credit hours; or
1392 (iii) a minimum of 2,500 hours of experience as a hair designer or as a
1393 cosmetologist/barber; and
1394 [
1395 (16) Each applicant for licensure as a hair design school shall:
1396 (a) submit an application in a form prescribed by the division;
1397 (b) pay a fee determined by the department under Section 63J-1-504; and
1398 (c) provide satisfactory documentation:
1399 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1400 (ii) of business licensure from the city, town, or county in which the school is located;
1401 (iii) that the applicant's physical facilities comply with the requirements established by
1402 rule; and
1403 (iv) that the applicant meets:
1404 (A) the standards for a hair design school, including staff and accreditation
1405 requirements, established by rule; and
1406 (B) the requirements for recognition as an institution of postsecondary study as
1407 described in Subsection (22).
1408 (17) Each applicant for licensure as a nail technician shall:
1409 (a) submit an application in a form prescribed by the division;
1410 (b) pay a fee determined by the department under Section 63J-1-504;
1411 [
1412 [
1413 (i) graduation from a licensed or recognized nail technology school, or a licensed or
1414 recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
1415 instruction, or the equivalent number of credit hours;
1416 (ii) (A) graduation from a recognized nail technology school located in a state other
1417 than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
1418 number of credit hours; and
1419 (B) practice as a licensed nail technician in a state other than Utah for not less than the
1420 number of hours required to equal 300 total hours when added to the hours of instruction
1421 described in Subsection [
1422 (iii) completion of an approved nail technician apprenticeship; and
1423 [
1424 (18) Each applicant for licensure as a nail technician instructor shall:
1425 (a) submit an application in a form prescribed by the division;
1426 (b) subject to Subsection (24), pay a fee determined by the department under Section
1427 63J-1-504;
1428 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
1429 technician;
1430 [
1431 [
1432 (i) an instructor training program conducted by a licensed or recognized school, as
1433 defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
1434 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
1435 licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
1436 equivalent number of credit hours; or
1437 (iii) a minimum of 600 hours of experience in nail technology; and
1438 [
1439 (19) Each applicant for licensure as a nail technology school shall:
1440 (a) submit an application in a form prescribed by the division;
1441 (b) pay a fee determined by the department under Section 63J-1-504; and
1442 (c) provide satisfactory documentation:
1443 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1444 (ii) of business licensure from the city, town, or county in which the school is located;
1445 (iii) that the applicant's facilities comply with the requirements established by rule; and
1446 (iv) that the applicant meets:
1447 (A) the standards for nail technology schools, including staff, curriculum, and
1448 accreditation requirements, established by rule; and
1449 (B) the requirements for recognition as an institution of postsecondary study as
1450 described in Subsection (22).
1451 (20) Each applicant for licensure under this chapter whose education in the field for
1452 which a license is sought was completed at a foreign school may satisfy the educational
1453 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
1454 equivalency of the foreign school education with a licensed school under this chapter.
1455 (21) (a) A licensed or recognized school under this section shall accept credit hours
1456 towards graduation for documented, relevant, and substantially equivalent coursework
1457 previously completed by:
1458 (i) a student that did not complete the student's education while attending a different
1459 school; or
1460 (ii) a licensee of any other profession listed in this section, based on the licensee's
1461 schooling, apprenticeship, or experience.
1462 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1463 consistent with this section, the division may make rules governing the acceptance of credit
1464 hours under Subsection (21)(a).
1465 (22) A school licensed or applying for licensure under this chapter shall maintain
1466 recognition as an institution of postsecondary study by meeting the following conditions:
1467 (a) the school shall admit as a regular student only an individual who has earned a
1468 recognized high school diploma or the equivalent of a recognized high school diploma, or who
1469 is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
1470 Part 2, Compulsory Education; and
1471 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
1472 licensure by name, under this chapter to offer one or more training programs beyond the
1473 secondary level.
1474 (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
1475 approved apprenticeship shall register with the division as described in Section 58-11a-306.
1476 (24) The department may only charge a fee to a person applying for licensure as any
1477 type of instructor under this chapter if the person is not a licensed instructor in any other
1478 profession under this chapter.
1479 (25) In order to encourage economic development in the state in accordance with
1480 Subsection 63G-1-201(4)(e), the department may offer any required examination under this
1481 section, which is prepared by a national testing organization, in languages in addition to
1482 English.
1483 Section 17. Section 58-11a-304 is amended to read:
1484 58-11a-304. Exemptions from licensure.
1485 In addition to the exemptions from licensure in Section 58-1-307, the following persons
1486 may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1487 master-level esthetics, electrology, or nail technology without being licensed under this
1488 chapter:
1489 (1) a person licensed under the laws of this state to engage in the practice of medicine,
1490 surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
1491 they are licensed;
1492 (2) a commissioned physician or surgeon serving in the armed forces of the United
1493 States or another federal agency;
1494 (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
1495 when engaged in the practice of the profession for which the person is licensed;
1496 (4) a person who visits the state to engage in instructional seminars, advanced classes,
1497 trade shows, or competitions of a limited duration;
1498 (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
1499 design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
1500 (6) a person instructing an adult education class or other educational program directed
1501 toward persons who are not licensed under this chapter and that is not intended to train persons
1502 to become licensed under this chapter, provided:
1503 (a) an attendee receives no credit toward educational requirements for licensure under
1504 this chapter;
1505 (b) the instructor informs each attendee in writing that taking such a class or program
1506 will not certify or qualify the attendee to perform a service for compensation that requires
1507 licensure under this chapter; and
1508 (c) (i) the instructor is properly licensed; or
1509 (ii) the instructor receives no compensation;
1510 (7) a person providing instruction in workshops, seminars, training meetings, or other
1511 educational programs whose purpose is to provide continuing professional development to
1512 licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
1513 electrologists, or nail technicians;
1514 (8) a person enrolled in a licensed barber [
1515 school when participating in an on the job training internship under the direct supervision of a
1516 licensed barber [
1517 under the standards established by rule by the division in collaboration with the board;
1518 (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
1519 (10) an employee of a company that is primarily engaged in the business of selling
1520 products used in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1521 master-level esthetics, electrology, or nail technology when demonstrating the company's
1522 products to a potential customer, provided the employee makes no representation to a potential
1523 customer that attending such a demonstration will certify or qualify the attendee to perform a
1524 service for compensation that requires licensure under this chapter;
1525 (11) a person who:
1526 (a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair
1527 design, esthetics, master-level esthetics, electrology, or nail technology in another jurisdiction
1528 as evidenced by licensure, certification, or lawful practice in the other jurisdiction;
1529 (b) is employed by, or under contract with, a motion picture company; and
1530 (c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1531 master-level esthetics, electrology, or nail technology in the state:
1532 (i) solely to assist in the production of a motion picture; and
1533 (ii) for no more than 120 days per calendar year; and
1534 (12) a person who:
1535 (a) engages in hair braiding; and
1536 (b) unless it is expressly exempted under this section or Section 58-1-307, does not
1537 engage in other activity requiring licensure under this chapter.
1538 Section 18. Section 58-11a-306 is amended to read:
1539 58-11a-306. Apprenticeship.
1540 (1) An approved barber apprenticeship shall:
1541 (a) consist of not less than 1,250 hours of training [
1542 (b) be conducted by a supervisor who:
1543 (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
1544 instructor; and
1545 (ii) provides one-on-one direct supervision of the barber apprentice during the
1546 apprenticeship program.
1547 (2) An approved cosmetologist/barber apprenticeship shall:
1548 (a) consist of not less than 2,500 hours of training [
1549 (b) be conducted by a supervisor who:
1550 (i) is licensed under this chapter as a cosmetologist/barber instructor; and
1551 (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
1552 during the apprenticeship program.
1553 (3) An approved hair designer apprenticeship shall:
1554 (a) consist of not less than 1,600 hours of training; and
1555 (b) be conducted by a supervisor who:
1556 (i) is licensed under this chapter as a hair designer instructor or a cosmetologist/barber
1557 instructor; and
1558 (ii) provides one-on-one direct supervision of the hair designer apprentice during the
1559 apprenticeship program.
1560 [
1561 (a) consist of not less than 800 hours of training [
1562 (b) be conducted by a supervisor who:
1563 (i) is licensed under this chapter as an esthetician instructor; and
1564 (ii) provides one-on-one direct supervision of the esthetician apprentice during the
1565 apprenticeship program.
1566 [
1567 (a) consist of not less than 1,500 hours of training [
1568 (b) be conducted by a supervisor who:
1569 (i) is licensed under this chapter as a master-level esthetician instructor; and
1570 (ii) provides one-on-one direct supervision of the master esthetician apprentice during
1571 the apprenticeship program.
1572 [
1573 (a) consist of not less than 375 hours of training [
1574 (b) be conducted by a supervisor who:
1575 (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
1576 instructor;
1577 (ii) provides direct supervision of the nail technician apprentice during the
1578 apprenticeship program; and
1579 (iii) provides direct supervision to no more than two nail technician apprentices during
1580 the apprentice program.
1581 [
1582 apprenticeship under this chapter shall:
1583 (a) register with the division before beginning the training requirements by:
1584 (i) submitting a form prescribed by the division, which includes the name of the
1585 licensed supervisor; and
1586 (ii) paying a fee determined by the department under Section 63J-1-504;
1587 (b) complete the apprenticeship within five years of the date on which the division
1588 approves the registration; and
1589 (c) notify the division within 30 days if the licensed supervisor changes after the
1590 registration is approved by the division.
1591 [
1592 licensure by apprenticing in an approved apprenticeship under this chapter registers with the
1593 division before January 1, 2017, any training requirements completed by the person as an
1594 apprentice in an approved apprenticeship before registration may be applied to successful
1595 completion of the approved apprenticeship.
1596 Section 19. Section 58-11a-502 is amended to read:
1597 58-11a-502. Unlawful conduct.
1598 Unlawful conduct includes:
1599 (1) practicing or engaging in, or attempting to practice or engage in activity for which a
1600 license is required under this chapter unless:
1601 (a) the person holds the appropriate license under this chapter; or
1602 (b) an exemption in Section 58-1-307 or 58-11a-304 applies;
1603 [
1604
1605
1606 [
1607 client's body:
1608 (a) the genitals or the anus, except in cases where the patron states to a licensee that the
1609 patron requests a hair removal procedure and signs a written consent form, which must also
1610 include the witnessed signature of a legal guardian if the patron is a minor, authorizing the
1611 licensee to perform a hair removal procedure; or
1612 (b) the breast of a female patron, except in cases in which the female patron states to a
1613 licensee that the patron requests breast skin procedures and signs a written consent form, which
1614 must also include the witnessed signature of a parent or legal guardian if the patron is a minor,
1615 authorizing the licensee to perform breast skin procedures;
1616 [
1617 on a client;
1618 [
1619 [
1620 chapter, for a class or education program where attendees are not licensed under this chapter,
1621 failing to inform each attendee in writing that:
1622 (a) taking the class or program without completing the requirements for licensure under
1623 this chapter is insufficient to certify or qualify the attendee to perform a service for
1624 compensation that requires licensure under this chapter; and
1625 (b) the attendee is required to obtain licensure under this chapter before performing the
1626 service for compensation; or
1627 [
1628 maintain a source capture system required under Title 15A, State Construction and Fire Codes
1629 Act, including failing to maintain and clean a source capture system's air filter according to the
1630 manufacturer's instructions.
1631 Section 20. Section 58-11a-503 is amended to read:
1632 58-11a-503. Penalties.
1633 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
1634 conduct under Section 58-11a-502 or who fails to comply with a citation issued under this
1635 section after it is final is guilty of a class A misdemeanor.
1636 (2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code,
1637 shall be subject to the applicable penalties in Title 76, Utah Criminal Code.
1638 (3) Grounds for immediate suspension of a licensee's license by the division include
1639 the issuance of a citation for violation of Subsection 58-11a-502(1), [
1640 (3), (4), (5), or (6).
1641 (4) (a) If upon inspection or investigation, the division concludes that a person has
1642 violated the provisions of Subsection 58-11a-502(1), [
1643 (6), or a rule or order issued with respect to Subsection 58-11a-502(1), [
1644 (3), (4), (5), or (6), and that disciplinary action is appropriate, the director or the director's
1645 designee from within the division shall promptly issue a citation to the person according to this
1646 chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person
1647 to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
1648 Administrative Procedures Act.
1649 (i) A person who is in violation of Subsection 58-11a-502(1), [
1650 (3), (4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or by a
1651 finding of violation in an adjudicative proceeding, may be assessed a fine pursuant to this
1652 Subsection (4) and may, in addition to or in lieu of, be ordered to cease and desist from
1653 violating Subsection 58-11a-502(1), [
1654 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
1655 58-11a-401 may not be assessed through a citation.
1656 (b) (i) Each citation shall be in writing and describe with particularity the nature of the
1657 violation, including a reference to the provision of the chapter, rule, or order alleged to have
1658 been violated.
1659 (ii) The citation shall clearly state that the recipient must notify the division in writing
1660 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
1661 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1662 (iii) The citation shall clearly explain the consequences of failure to timely contest the
1663 citation or to make payment of a fine assessed by the citation within the time specified in the
1664 citation.
1665 (c) Each citation issued under this section, or a copy of each citation, may be served
1666 upon a person upon whom a summons may be served in accordance with the Utah Rules of
1667 Civil Procedure and may be made personally or upon the person's agent by a division
1668 investigator or by a person specially designated by the director or by mail.
1669 (d) (i) If within 20 calendar days from the service of a citation, the person to whom the
1670 citation was issued fails to request a hearing to contest the citation, the citation becomes the
1671 final order of the division and is not subject to further agency review.
1672 (ii) The period to contest a citation may be extended by the division for cause.
1673 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
1674 the license of a licensee who fails to comply with a citation after it becomes final.
1675 (f) The failure of an applicant for licensure to comply with a citation after it becomes
1676 final is a ground for denial of license.
1677 (g) No citation may be issued under this section after the expiration of [
1678
1679 is the subject of the citation is reported to the division.
1680 (h) Fines shall be assessed by the director or the director's designee according to the
1681 following:
1682 (i) for a first offense under Subsection (4)(a), a fine of up to $1,000;
1683 (ii) for a second offense under Subsection (4)(a), a fine of up to $2,000; and
1684 (iii) for any subsequent offense under Subsection (4)(a), a fine of up to $2,000 for each
1685 day of continued offense.
1686 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
1687 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
1688 (A) the division previously issued a final order determining that a person committed a
1689 first or second offense in violation of Subsection 58-11a-502(1), [
1690 (4), (5), or (6); or
1691 (B) (I) the division initiated an action for a first or second offense;
1692 (II) no final order has been issued by the division in the action initiated under
1693 Subsection (4)(i)(i)(B)(I);
1694 (III) the division determines during an investigation that occurred after the initiation of
1695 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
1696 violation of Subsection 58-11a-502(1), [
1697 (IV) after determining that the person committed a second or subsequent offense under
1698 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
1699 Subsection (4)(i)(i)(B)(I).
1700 (ii) In issuing a final order for a second or subsequent offense under Subsection
1701 (4)(i)(i), the division shall comply with the requirements of this section.
1702 (5) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
1703 into the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician
1704 Education and Enforcement Fund.
1705 (b) A penalty which is not paid may be collected by the director by either:
1706 (i) referring the matter to a collection agency; or
1707 (ii) bringing an action in the district court of the county in which the person against
1708 whom the penalty is imposed resides or in the county where the office of the director is located.
1709 (c) A county attorney or the attorney general of the state shall provide legal assistance
1710 and advice to the director in an action to collect a penalty.
1711 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1712 action brought by the division to collect a penalty.
1713 Section 21. Section 58-15-11 is amended to read:
1714 58-15-11. Exemptions to chapter.
1715 (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
1716 apply to [
1717 (a) a facility of a recognized church or denomination that cares for the sick and
1718 suffering by mental or spiritual means if no drug or material remedy is used in the care
1719 provided[
1720 (b) the superintendent of the Utah State Developmental Center described in Section
1721 62A-5-201.
1722 (2) Any [
1723 each statute and rule on sanitation and life safety.
1724 Section 22. Section 58-16a-102 is amended to read:
1725 58-16a-102. Definitions.
1726 In addition to the definitions in Section 58-1-102, as used in this chapter:
1727 (1) "Board" means the Optometrist Licensing Board created in Section 58-16a-201.
1728 (2) "Contact lens" means any lens that:
1729 (a) has a spherical, cylindrical, or prismatic power or curvature;
1730 (b) is made pursuant to a current prescription; and
1731 (c) is intended to be worn on the surface of the eye.
1732 (3) (a) "Contact lens prescription" means a written or verbal order for contact lenses
1733 that includes:
1734 (i) the commencement date of the prescription;
1735 (ii) the base curve, power, diameter, material or brand name, and expiration date;
1736 (iii) for a written order, the signature of the prescribing optometrist or physician; and
1737 (iv) for a verbal order, a record maintained by the recipient of:
1738 (A) the name of the prescribing optometrist or physician; and
1739 (B) the date when the prescription was issued or ordered.
1740 (b) A prescription may include:
1741 (i) a limit on the quantity of lenses that may be ordered under the prescription if
1742 required for medical reasons documented in the patient's files; and
1743 (ii) the expiration date of the prescription, which shall be two years from the
1744 commencement date, unless documented medical reasons require otherwise.
1745 (c) When a provider prescribes a private label contact lens for a patient the prescription
1746 shall include:
1747 (i) the name of the manufacturer;
1748 (ii) the trade name of the private label brand; and
1749 (iii) if applicable, the trade name of the equivalent national brand.
1750 (4) "Contact lens prescription verification" means a written request from a person who
1751 sells or provides contact lenses that:
1752 (a) is sent to the prescribing optometrist or physician; and
1753 (b) seeks the confirmation of the accuracy of a patient's prescription.
1754 (5) "Eye and its adnexa" means the human eye and all structures situated within the
1755 orbit, including the conjunctiva, lids, lashes, and lacrimal system.
1756 (6) "Fitting of a contact lens" means:
1757 (a) the using of a keratometer to measure the human eye;
1758 (b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
1759 (c) trial fitting of contact lenses, which includes a period of time for evaluation for fit
1760 and performance, to determine a tentative contact lens prescription for a patient if the patient:
1761 (i) has not worn contact lenses before; or
1762 (ii) has changed to a different type or base curve.
1763 (7) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized
1764 by means of laser or ionizing radiation.
1765 (8) "Ophthalmic lens" means any lens used to treat the eye and that:
1766 (a) has a spherical, cylindrical, or prismatic power;
1767 (b) is made pursuant to an unexpired prescription; and
1768 (c) is intended to be used in eyeglasses or spectacles.
1769 (9) "Optometric assistant" means an unlicensed individual:
1770 (a) working under the direct and immediate supervision of a licensed optometrist; and
1771 (b) engaged in specific tasks assigned by the licensed optometrist in accordance with
1772 the standards and ethics of the profession.
1773 (10) "Optometrist" or "optometric physician" means an individual licensed under this
1774 chapter.
1775 (11) "Optometry" and "practice of optometry" mean any one or any combination of the
1776 following practices:
1777 (a) examination of the human eye and its adnexa to detect and diagnose defects or
1778 abnormal conditions;
1779 (b) determination or modification of the accommodative or refractive state of the
1780 human eye or its range or power of vision by administration and prescription of pharmaceutical
1781 agents or the use of diagnostic instruments;
1782 (c) prescription, ordering, administration, or adaptation of ophthalmic lenses, contact
1783 lenses, ophthalmic devices, pharmaceutical agents, laboratory tests, or ocular exercises to
1784 diagnose and treat diseases, defects, or other abnormal conditions of the human eye and its
1785 adnexa;
1786 (d) display of any advertisement, circular, sign, or device offering to:
1787 (i) examine the eyes;
1788 (ii) fit glasses or contact lenses; or
1789 (iii) adjust frames;
1790 (e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
1791 anterior 1/2 of the cornea; and
1792 (f) consultation regarding the eye and its adnexa with other appropriate health care
1793 providers, including referral to other appropriate health care providers[
1794 [
1795
1796 (12) "Pharmaceutical agent" means any diagnostic or therapeutic drug or combination
1797 of drugs that has the property of assisting in the diagnosis, prevention, treatment, or mitigation
1798 of abnormal conditions or symptoms of the eye and its adnexa.
1799 (13) "Physician" has the same meaning as defined in Sections 58-67-102 and
1800 58-68-102.
1801 (14) "Prescription drug" has the same definition as in Section 58-17b-102.
1802 (15) "Unexpired" means a prescription that was issued:
1803 (a) for ophthalmic lenses which does not expire unless the optometrist or physician
1804 includes an expiration date on the prescription based on medical reasons that are documented
1805 in the patient's file; and
1806 (b) in accordance with Subsection (3) for a contact lens.
1807 Section 23. Section 58-16a-302 is amended to read:
1808 58-16a-302. Qualifications for licensure.
1809 (1) An applicant for licensure as an optometrist shall:
1810 (a) submit an application in a form prescribed by the division;
1811 (b) pay a fee as determined by the division under Section 63J-1-504;
1812 [
1813 [
1814 the American Optometric Association's Accreditation Council on Optometric Education; or
1815 (ii) be a graduate of a school of optometry located outside the United States that meets
1816 the criteria that would qualify the school for accreditation under Subsection [
1817 as demonstrated by the applicant for licensure;
1818 [
1819 1, 1996, have successfully completed a course of study satisfactory to the division, in
1820 consultation with the board, in general and ocular pharmacology and emergency medical care;
1821 [
1822 board that include:
1823 (i) a standardized national optometry examination;
1824 (ii) a standardized clinical examination; and
1825 (iii) a standardized national therapeutics examination; and
1826 [
1827 party, for the purpose of evaluating the applicant's qualifications for licensure.
1828 (2) Notwithstanding Subsection (1) and Section 58-1-302, the division shall issue a
1829 license under this chapter by endorsement to an individual who:
1830 (a) submits an application for licensure by endorsement on a form approved by the
1831 division;
1832 (b) pays a fee established by the division in accordance with Section 63J-1-504;
1833 [
1834
1835 [
1836 each state of the United States, or province of Canada, in which the individual is currently
1837 licensed as an optometrist; and
1838 [
1839 hours during the immediately preceding two years in a manner consistent with the legal
1840 practice of optometry in this state.
1841 Section 24. Section 58-16a-501 is amended to read:
1842 58-16a-501. Unlawful conduct.
1843 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
1844 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
1845 certificate, or registration;
1846 [
1847
1848 [
1849 inconsistent with Section 58-16a-801 or intentionally altering a prescription unless the person
1850 selling or providing the lenses is a licensed optometrist or ophthalmologist; or
1851 [
1852 physician," "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
1853 Section 25. Section 58-16a-503 is amended to read:
1854 58-16a-503. Penalty for unlawful conduct.
1855 (1) Except as provided in Subsection (2), any person who violates the unlawful
1856 conduct provision defined in Section 58-16a-501 or Subsection 58-1-501(1)(a) or (1)(c) is
1857 guilty of a third degree felony.
1858 (2) A person who violates Subsection 58-16a-501[
1859 misdemeanor.
1860 Section 26. Section 58-17b-303 is amended to read:
1861 58-17b-303. Qualifications for licensure as a pharmacist.
1862 (1) An applicant for licensure as a pharmacist shall:
1863 (a) submit an application in a form prescribed by the division;
1864 (b) pay a fee as determined by the department under Section 63J-1-504;
1865 [
1866
1867 [
1868 as described in Section 58-1-501;
1869 [
1870 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1871 public;
1872 [
1873 college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
1874 [
1875 made in collaboration with the board; and
1876 [
1877 collaboration with the board.
1878 (2) An applicant for licensure as a pharmacist whose pharmacy education was
1879 completed at a foreign pharmacy school shall, in addition to the requirements under
1880 Subsections (1)(a) through [
1881 equivalency from a credentialing agency required by division rule made in collaboration with
1882 the board.
1883 (3) An applicant for a license by endorsement as a pharmacist under this section shall:
1884 (a) submit a written application in the form prescribed by the division;
1885 (b) pay the fee determined by the department under Section 63J-1-504;
1886 [
1887
1888 [
1889 as described in Section 58-1-501;
1890 [
1891 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1892 public;
1893 [
1894 the four years immediately preceding the date of application;
1895 [
1896 required under Subsection (1);
1897 [
1898 territory, or possession of the United States;
1899 [
1900 the time the license was issued, equal to those of this state; and
1901 [
1902 collaboration with the board.
1903 Section 27. Section 58-17b-304 is amended to read:
1904 58-17b-304. Qualifications for licensure of pharmacy intern.
1905 An applicant for licensure as a pharmacy intern shall:
1906 (1) submit an application in a form prescribed by the division;
1907 (2) pay a fee determined by the department under Section 63J-1-504;
1908 [
1909
1910 [
1911 as described in Section 58-1-501;
1912 [
1913 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1914 public;
1915 [
1916 in collaboration with the board; and
1917 [
1918 (a) be a current pharmacy student, a resident, or fellow in a program approved by
1919 division rule made in collaboration with the board; or
1920 (b) have graduated from a foreign pharmacy school and received certification of
1921 equivalency from a credentialing agency approved by division rule made in collaboration with
1922 the board.
1923 Section 28. Section 58-17b-305 is amended to read:
1924 58-17b-305. Qualifications for licensure of pharmacy technician.
1925 (1) An applicant for licensure as a pharmacy technician shall:
1926 (a) submit an application in a form prescribed by the division;
1927 (b) pay a fee determined by the department under Section 63J-1-504;
1928 [
1929
1930 [
1931 as described in Section 58-1-501;
1932 [
1933 from engaging in practice as a pharmacy technician with reasonable skill, competency, and
1934 safety to the public;
1935 [
1936 standards established by division rule made in collaboration with the board; and
1937 [
1938 established by division rule made in collaboration with the board.
1939 (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1940 disciplinary purposes is not eligible to be a licensed pharmacy technician while on probation
1941 with the division.
1942 Section 29. Section 58-17b-305.1 is amended to read:
1943 58-17b-305.1. Qualifications for licensure of pharmacy technician trainee.
1944 (1) An applicant for licensure as a pharmacy technician trainee shall:
1945 (a) submit an application to the division on a form created by the division;
1946 (b) pay a fee established by the division in accordance with Section 63J-1-504;
1947 [
1948
1949 [
1950 check;
1951 [
1952 physical or mental condition that would prevent the applicant from engaging in practice as a
1953 pharmacy technician with reasonable skill, competency, and safety to the public; and
1954 [
1955 by the division.
1956 (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1957 disciplinary purposes is not eligible to be licensed as a pharmacy technician trainee during
1958 division probation.
1959 Section 30. Section 58-17b-308 is amended to read:
1960 58-17b-308. Term of license -- Expiration -- Renewal.
1961 (1) Except as provided in Subsection (2), each license issued under this chapter shall be
1962 issued in accordance with a two-year renewal cycle established by rule. A renewal period may
1963 be extended or shortened by as much as one year to maintain established renewal cycles or to
1964 change an established renewal cycle. Each license automatically expires on the expiration date
1965 shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
1966 (2) The duration of a pharmacy intern license may be no longer than:
1967 (a) one year for a license issued under Subsection [
1968 58-17b-304(6)(b); or
1969 (b) five years for a license issued under Subsection [
1970 58-17b-304(6)(a).
1971 (3) A pharmacy intern license issued under this chapter may not be renewed, but may
1972 be extended by the division in collaboration with the board.
1973 (4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that
1974 engages in compounding, a licensee shall submit the most recent inspection report:
1975 (a) conducted within two years before the application for renewal; and
1976 (b) (i) conducted as part of the National Association of Boards of Pharmacy Verified
1977 Pharmacy Program; or
1978 (ii) performed by the state licensing agency of the state in which the applicant is a
1979 resident and in accordance with the National Association of Boards of Pharmacy multistate
1980 inspection blueprint program.
1981 Section 31. Section 58-17b-504 is amended to read:
1982 58-17b-504. Penalty for unlawful or unprofessional conduct -- Fines -- Citations.
1983 (1) Any person who violates any of the unlawful conduct provisions of Subsection
1984 58-1-501(1)(a)(i) and Subsections 58-17b-501(7) and (11) is guilty of a third degree felony.
1985 (2) Any person who violates any of the unlawful conduct provisions of Subsection
1986 58-1-501(1)(a)(ii), Subsections 58-1-501(1)(b) through (e), and Section 58-17b-501, except
1987 Subsections 58-17b-501(7) and (11), is guilty of a class A misdemeanor.
1988 (3) (a) Subject to Subsection (5) and in accordance with Section 58-17b-401, for acts
1989 of unprofessional or unlawful conduct, the division may:
1990 (i) assess administrative penalties; and
1991 (ii) take any other appropriate administrative action.
1992 (b) An administrative penalty imposed pursuant to this section shall be deposited in the
1993 General Fund as a dedicated credit to be used by the division for pharmacy licensee education
1994 and enforcement as provided in Section 58-17b-505.
1995 (4) If a licensee has been convicted of violating Section 58-17b-501 prior to an
1996 administrative finding of a violation of the same section, the licensee may not be assessed an
1997 administrative fine under this chapter for the same offense for which the conviction was
1998 obtained.
1999 (5) (a) If upon inspection or investigation, the division concludes that a person has
2000 violated the provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled
2001 Substances Act, Chapter 37f, Controlled Substance Database Act, Chapter 1, Division of
2002 Occupational and Professional Licensing Act, or any rule or order issued with respect to these
2003 provisions, and that disciplinary action is appropriate, the director or the director's designee
2004 from within the division shall promptly issue a citation to the person according to this chapter
2005 and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to
2006 appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
2007 Administrative Procedures Act.
2008 (b) Any person who is in violation of the provisions of Section 58-17b-501 or
2009 58-17b-502, Chapter 37, Utah Controlled Substances Act, Chapter 37f, Controlled Substance
2010 Database Act, Chapter 1, Division of Occupational and Professional Licensing Act, or any rule
2011 or order issued with respect to these provisions, as evidenced by an uncontested citation, a
2012 stipulated settlement, or a finding of violation in an adjudicative proceeding, may be assessed a
2013 fine pursuant to this Subsection (5) of up to $10,000 per single violation or up to $2,000 per
2014 day of ongoing violation, whichever is greater, in accordance with a fine schedule established
2015 by rule, and may, in addition to or in lieu of, be ordered to cease and desist from violating the
2016 provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled Substances Act,
2017 Chapter 1, Division of Occupational and Professional Licensing Act, or any rule or order issued
2018 with respect to these provisions.
2019 (c) Except for an administrative fine and a cease and desist order, the licensure
2020 sanctions cited in Section 58-17b-401 may not be assessed through a citation.
2021 (d) Each citation shall be in writing and specifically describe with particularity the
2022 nature of the violation, including a reference to the provision of the chapter, rule, or order
2023 alleged to have been violated. The citation shall clearly state that the recipient must notify the
2024 division in writing within 20 calendar days of service of the citation in order to contest the
2025 citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2026 The citation shall clearly explain the consequences of failure to timely contest the citation or to
2027 make payment of any fines assessed by the citation within the time specified in the citation.
2028 (e) Each citation issued under this section, or a copy of each citation, may be served
2029 upon any person upon whom a summons may be served:
2030 (i) in accordance with the Utah Rules of Civil Procedure;
2031 (ii) personally or upon the person's agent by a division investigator or by any person
2032 specially designated by the director; or
2033 (iii) by mail.
2034 (f) If within 20 calendar days from the service of a citation, the person to whom the
2035 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2036 final order of the division and is not subject to further agency review. The period to contest the
2037 citation may be extended by the division for cause.
2038 (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
2039 the license of a licensee who fails to comply with the citation after it becomes final.
2040 (h) The failure of an applicant for licensure to comply with a citation after it becomes
2041 final is a ground for denial of license.
2042 (i) No citation may be issued under this section after the expiration of [
2043
2044 that is the subject of the citation is reported to the division.
2045 (6) (a) The director may collect a penalty that is not paid by:
2046 (i) referring the matter to a collection agency; or
2047 (ii) bringing an action in the district court of the county where the person against whom
2048 the penalty is imposed resides or in the county where the office of the director is located.
2049 (b) A county attorney or the attorney general of the state shall provide legal assistance
2050 and advice to the director in an action to collect a penalty.
2051 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2052 action brought by the division to collect a penalty.
2053 Section 32. Section 58-17b-614 is amended to read:
2054 58-17b-614. Notification.
2055 (1) A pharmacy shall report in writing to the division not later than 10 business days:
2056 (a) before the date of:
2057 [
2058 [
2059 [
2060 [
2061 closing or change of ownership of the pharmacy facility; or
2062 [
2063 reported; or
2064 (b) after the day on which:
2065 [
2066 holder by the regulatory or licensing agency of the state in which the pharmacy is located if the
2067 pharmacy is a class D pharmacy; [
2068 [
2069 pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in
2070 which the pharmacy is located if the pharmacy is a class D pharmacy[
2071 (iii) any matter or occurrence that the division requires by rule to be reported.
2072 (2) A pharmacy shall report in writing to the division a disaster, accident, or emergency
2073 that may affect the purity or labeling of a drug, medication, device, or other material used in the
2074 diagnosis or treatment of injury, illness, or disease immediately upon the occurrence of the
2075 disaster, accident, or emergency as defined by rule.
2076 (3) A reporting pharmacy shall maintain a copy of any notification required by this
2077 section for two years and make a copy available for inspection.
2078 Section 33. Section 58-20b-302 is amended to read:
2079 58-20b-302. Qualifications for licensure.
2080 (1) Except as provided in Subsection (2), an applicant for licensure as an
2081 environmental health scientist shall:
2082 (a) submit an application in a form prescribed by the division;
2083 (b) pay a fee determined by the department under Section 63J-1-504;
2084 [
2085 [
2086 university or college, which degree includes completion of specific course work as defined by
2087 rule;
2088 [
2089 board; and
2090 [
2091 administered by the division.
2092 (2) An applicant for licensure as an environmental health scientist-in-training shall:
2093 (a) submit an application in a form prescribed by the division;
2094 (b) pay a fee determined by the department under Section 63J-1-504;
2095 [
2096 [
2097 university or college, which degree includes completion of specific course work as defined by
2098 rule;
2099 [
2100 Scientists administered by the division; and
2101 [
2102 when licensed, will practice as an environmental health scientist-in-training only under the
2103 general supervision of a supervising environmental health scientist licensed under this chapter.
2104 Section 34. Section 58-22-102 is amended to read:
2105 58-22-102. Definitions.
2106 In addition to the definitions in Section 58-1-102, as used in this chapter:
2107 (1) "Board" means the Professional Engineers and Professional Land Surveyors
2108 Licensing Board created in Section 58-22-201.
2109 (2) "Building" means a structure which has human occupancy or habitation as its
2110 principal purpose, and includes the structural, mechanical, and electrical systems, utility
2111 services, and other facilities required for the building, and is otherwise governed by the State
2112 Construction Code or an approved code under Title 15A, State Construction and Fire Codes
2113 Act.
2114 (3) "Complete construction plans" means a final set of plans, specifications, and reports
2115 for a building or structure that normally includes:
2116 (a) floor plans;
2117 (b) elevations;
2118 (c) site plans;
2119 (d) foundation, structural, and framing detail;
2120 (e) electrical, mechanical, and plumbing design;
2121 (f) information required by the energy code;
2122 (g) specifications and related calculations as appropriate; and
2123 (h) all other documents required to obtain a building permit.
2124 (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation
2125 Board for Engineering and Technology.
2126 (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
2127 Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
2128 (6) "NCEES" means the National Council of Examiners for Engineering and
2129 Surveying.
2130 (7) "Principal" means a licensed professional engineer, professional structural engineer,
2131 or professional land surveyor having responsible charge of an organization's professional
2132 engineering, professional structural engineering, or professional land surveying practice.
2133 (8) "Professional engineer" means a person licensed under this chapter as a
2134 professional engineer.
2135 (9) (a) "Professional engineering," "the practice of engineering," or "the practice of
2136 professional engineering" means a service or creative work, the adequate performance of which
2137 requires engineering education, training, and experience in the application of special
2138 knowledge of the mathematical, physical, and engineering sciences to the service or creative
2139 work as consultation, investigation, evaluation, planning, design, and design coordination of
2140 engineering works and systems, planning the use of land and water, facility programming,
2141 performing engineering surveys and studies, and the review of construction for the purpose of
2142 monitoring compliance with drawings and specifications; any of which embraces these services
2143 or work, either public or private, in connection with any utilities, structures, buildings,
2144 machines, equipment, processes, work systems, projects, and industrial or consumer products
2145 or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and
2146 including other professional services as may be necessary to the planning, progress, and
2147 completion of any engineering services.
2148 (b) "The practice of professional engineering" does not include the practice of
2149 architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform
2150 architecture work as is incidental to the practice of engineering.
2151 (10) "Professional engineering intern" means a person who:
2152 (a) has completed the education requirements to become a professional engineer;
2153 (b) has passed the fundamentals of engineering examination; and
2154 (c) is engaged in obtaining the four years of qualifying experience for licensure under
2155 the direct supervision of a licensed professional engineer.
2156 (11) "Professional land surveying" or "the practice of land surveying" means a service
2157 or work, the adequate performance of which requires the application of special knowledge of
2158 the principles of mathematics, the related physical and applied sciences, and the relevant
2159 requirements of law for adequate evidence to the act of measuring and locating lines, angles,
2160 elevations, natural and man-made features in the air, on the surface of the earth, within
2161 underground workings, and on the beds of bodies of water for the purpose of determining areas
2162 and volumes, for the monumenting or locating of property boundaries or points controlling
2163 boundaries, and for the platting and layout of lands and subdivisions of lands, including the
2164 topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
2165 record plats, field notes records, and property descriptions that represent these surveys and
2166 other duties as sound surveying practices could direct.
2167 (12) "Professional land surveyor" means an individual licensed under this chapter as a
2168 professional land surveyor.
2169 (13) "Professional structural engineer" means a person licensed under this chapter as a
2170 professional structural engineer.
2171 (14) (a) "Professional structural engineering" or "the practice of structural engineering"
2172 means a service or creative work providing structural engineering services for significant
2173 structures, including:
2174 (i) buildings and other structures representing a substantial hazard to human life, which
2175 include:
2176 (A) buildings and other structures whose primary occupancy is public assembly with an
2177 occupant load greater than 300;
2178 (B) buildings and other structures with elementary school, secondary school, or day
2179 care facilities with an occupant load greater than 250;
2180 (C) buildings and other structures with an occupant load greater than 500 for colleges
2181 or adult education facilities;
2182 (D) health care facilities with an occupant load of 50 or more resident patients, but not
2183 having surgery or emergency treatment facilities;
2184 (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
2185 (F) buildings and other structures with an occupant load greater than 5,000;
2186 (ii) buildings and other structures designated as essential facilities, including:
2187 (A) hospitals and other health care facilities having surgery or emergency treatment
2188 facilities with a gross area greater than 3,000 square feet;
2189 (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
2190 greater than 24 feet or a gross area greater than 5,000 square feet;
2191 (C) designated earthquake, hurricane, or other emergency shelters with a gross area
2192 greater than 3,000 square feet;
2193 (D) designated emergency preparedness, communication, and operation centers and
2194 other buildings required for emergency response with a mean height more than 24 feet or a
2195 gross area greater than 5,000 square feet;
2196 (E) power-generating stations and other public utility facilities required as emergency
2197 backup facilities with a gross area greater than 3,000 square feet;
2198 (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
2199 square feet containing highly toxic materials as defined by the division by rule, where the
2200 quantity of the material exceeds the maximum allowable quantities set by the division by rule;
2201 and
2202 (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
2203 at commercial service and cargo air services airports as defined by the Federal Aviation
2204 Administration with a mean height greater than 35 feet or a gross area greater than 20,000
2205 square feet; and
2206 (iii) buildings and other structures requiring special consideration, including:
2207 (A) structures or buildings that are normally occupied by human beings and are five
2208 stories or more in height;
2209 (B) structures or buildings that are normally occupied by human beings and have an
2210 average roof height more than 60 feet above the average ground level measured at the
2211 perimeter of the structure; and
2212 (C) buildings that are over 200,000 aggregate gross square feet in area.
2213 (b) "Professional structural engineering" or "the practice of structural engineering":
2214 (i) includes the definition of professional engineering or the practice of professional
2215 engineering as provided in Subsection (9); and
2216 (ii) may be further defined by rules made by the division in collaboration with the
2217 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2218 (15) "Structure" means that which is built or constructed, an edifice or building of any
2219 kind, or a piece of work artificially built up or composed of parts joined together in a definite
2220 manner, and as otherwise governed by the State Construction Code or an approved code under
2221 Title 15A, State Construction and Fire Codes Act.
2222 (16) "Supervision of an employee, subordinate, associate, or drafter of a licensee"
2223 means that a licensed professional engineer, professional structural engineer, or professional
2224 land surveyor is responsible for and personally reviews, corrects when necessary, and approves
2225 work performed by an employee, subordinate, associate, or drafter under the direction of the
2226 licensee, and may be further defined by rule by the division in collaboration with the board.
2227 (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
2228 Board for Engineering and Technology.
2229 (18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
2230 and 58-22-501.
2231 (19) "Unprofessional conduct" means the same as that term is defined in Sections
2232 58-1-501 and 58-22-502.5 .
2233 Section 35. Section 58-22-104 is amended to read:
2234 58-22-104. Surcharge fee.
2235 (1) In addition to any other fees authorized by this chapter or by the division in
2236 accordance with Section 63J-1-504, the division shall require each applicant for an initial
2237 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
2238 surcharge fee.
2239 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
2240 used by the division to provide each licensee under this chapter with access to an electronic
2241 reference library that provides web-based access to national, state, and local building codes and
2242 standards.
2243 Section 36. Section 58-22-302 is amended to read:
2244 58-22-302. Qualifications for licensure.
2245 (1) Each applicant for licensure as a professional engineer shall:
2246 (a) submit an application in a form prescribed by the division;
2247 (b) pay a fee determined by the department under Section 63J-1-504;
2248 [
2249 [
2250 engineering program meeting criteria established by rule by the division in collaboration with
2251 the board; or
2252 (ii) have completed the Transportation Engineering Technology and Fundamental
2253 Engineering College Program before July 1, 1998, under the direction of the Utah Department
2254 of Transportation and as certified by the Utah Department of Transportation;
2255 [
2256 by rule by the division in collaboration with the board;
2257 [
2258 collaboration with the board; and
2259 [
2260 purpose of evaluating the applicant's qualification for licensure.
2261 (2) Each applicant for licensure as a professional structural engineer shall:
2262 (a) submit an application in a form prescribed by the division;
2263 (b) pay a fee determined by the department under Section 63J-1-504;
2264 [
2265 [
2266 engineering program meeting criteria established by rule by the division in collaboration with
2267 the board;
2268 [
2269 experience established by rule by the division in collaboration with the board, except that prior
2270 to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
2271 prescribed by the division stating that the applicant is currently engaged in the practice of
2272 structural engineering;
2273 [
2274 collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
2275 may submit a signed affidavit in a form prescribed by the division stating that the applicant is
2276 currently engaged in the practice of structural engineering; and
2277 [
2278 purpose of evaluating the applicant's qualification for licensure.
2279 (3) Each applicant for licensure as a professional land surveyor shall:
2280 (a) submit an application in a form prescribed by the division;
2281 (b) pay a fee determined by the department under Section 63J-1-504;
2282 [
2283 [
2284 from a land surveying program, or an equivalent land surveying program, such as a program
2285 offered by a technical college described in Section 53B-2a-105, as approved by the State Board
2286 of Regents, established by rule by the division in collaboration with the board, and have
2287 successfully completed a program of qualifying experience in land surveying established by
2288 rule by the division in collaboration with the board; or
2289 (ii) have successfully completed a program of qualifying experience in land surveying
2290 prior to January 1, 2007, in accordance with rules established by the division in collaboration
2291 with the board;
2292 [
2293 collaboration with the board; and
2294 [
2295 purpose of evaluating the applicant's qualification for licensure.
2296 (4) Each applicant for licensure by endorsement shall:
2297 (a) submit an application in a form prescribed by the division;
2298 (b) pay a fee determined by the department under Section 63J-1-504;
2299 [
2300 [
2301 (i) current licensure in good standing in a jurisdiction recognized by rule by the
2302 division in collaboration with the board;
2303 (ii) having successfully passed an examination established by rule by the division in
2304 collaboration with the board; and
2305 (iii) full-time employment as a principal for at least five of the last seven years
2306 immediately preceding the date of the application as a:
2307 (A) licensed professional engineer for licensure as a professional engineer;
2308 (B) licensed professional structural engineer for licensure as a structural engineer; or
2309 (C) licensed professional land surveyor for licensure as a professional land surveyor;
2310 and
2311 [
2312 purpose of evaluating the applicant's qualifications for license.
2313 (5) The rules made to implement this section shall be in accordance with Title 63G,
2314 Chapter 3, Utah Administrative Rulemaking Act.
2315 Section 37. Section 58-22-305 is amended to read:
2316 58-22-305. Exemption from licensure.
2317 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2318 may engage in the following acts or practices without being licensed under this chapter:
2319 (a) a person offering to render professional engineering, professional structural
2320 engineering, or professional land surveying services in this state when not licensed under this
2321 chapter if the person:
2322 (i) holds a current and valid professional engineer, professional structural engineer, or
2323 professional land surveyor license issued by a licensing authority recognized by rule by the
2324 division in collaboration with the board;
2325 (ii) discloses in writing to the potential client the fact that the professional engineer,
2326 professional structural engineer, or professional land surveyor:
2327 (A) is not licensed in the state;
2328 (B) may not provide professional engineering, professional structural engineering, or
2329 professional land surveying services in the state until licensed in the state; and
2330 (C) that such condition may cause a delay in the ability of the professional engineer,
2331 professional structural engineer, or professional land surveyor to provide licensed services in
2332 the state;
2333 (iii) notifies the division in writing of the person's intent to offer to render professional
2334 engineering, professional structural engineering, or professional land surveying services in the
2335 state; and
2336 (iv) does not provide professional engineering, professional structural engineering, or
2337 professional land surveying services, or engage in the practice of professional engineering,
2338 professional structural engineering, or professional land surveying in this state until licensed to
2339 do so;
2340 (b) a person preparing a plan and specification for a one or two-family residence not
2341 exceeding two stories in height;
2342 (c) a person licensed to practice architecture under Title 58, Chapter 3a, Architects
2343 Licensing Act, performing architecture acts or incidental engineering or structural engineering
2344 practices that do not exceed the scope of the education and training of the person performing
2345 engineering or structural engineering;
2346 (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
2347 under this chapter while preparing plans, maps, sketches, drawings, documents, specifications,
2348 plats, and reports under the supervision of a professional engineer, professional structural
2349 engineer, or professional land surveyor;
2350 (e) a person preparing a plan or specification for, or supervising the alteration of or
2351 repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
2352 elements of a building are not changed, such as foundations, beams, columns, and structural
2353 slabs, joists, bearing walls, and trusses;
2354 (f) an employee of a communications, utility, railroad, mining, petroleum, or
2355 manufacturing company, or an affiliate of such a company, if the professional engineering or
2356 professional structural engineering work is performed solely in connection with the products or
2357 systems of the company and is not offered directly to the public;
2358 (g) an organization engaged in the practice of professional engineering, structural
2359 engineering, or professional land surveying, provided that:
2360 (i) the organization employs a principal; and
2361 (ii) all individuals employed by the organization, who are engaged in the practice of
2362 professional engineering, structural engineering, or land surveying, are licensed or exempt from
2363 licensure under this chapter; and
2364 (h) a person licensed as a professional engineer, a professional structural engineer, or a
2365 professional land surveyor in a state other than Utah serving as an expert witness, provided the
2366 expert testimony meets one of the following:
2367 (i) oral testimony as an expert witness in an administrative, civil, or criminal
2368 proceeding; or
2369 (ii) written documentation included as part of the testimony in a proceeding, including
2370 designs, studies, plans, specifications, or similar documentation, provided that the purpose of
2371 the written documentation is not to establish specifications, plans, designs, processes, or
2372 standards to be used in the future in an industrial process, system, construction, design, or
2373 repair.
2374 (2) Nothing in this section shall be construed to restrict a [
2375 preparing plans for a client under the exemption provided in Subsection (1)(b), or taking those
2376 plans to a professional engineer for the engineer's review, approval, and subsequent fixing of
2377 the engineer's seal to that set of plans[
2378 Section 38. Section 58-22-503 is amended to read:
2379 58-22-503. Penalties and administrative actions for unlawful or unprofessional
2380 conduct.
2381 (1) (a) If upon inspection or investigation, the division concludes that a person has
2382 violated Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or order issued with respect
2383 to Section 58-22-501 or 58-22-502.5 , and that disciplinary action is appropriate, the director or
2384 the director's designee from within the division for each alternative respectively, shall promptly
2385 issue a citation to the person according to this chapter and any pertinent rules, attempt to
2386 negotiate a stipulated settlement, or notify the person to appear before an adjudicative
2387 proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2388 (i) A person who violates Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or
2389 order issued with respect to Section 58-22-501 or 58-22-502.5 , as evidenced by an uncontested
2390 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
2391 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
2392 ordered to cease and desist from violating Section 58-1-501, 58-22-501, or 58-22-502.5, or
2393 any rule or order issued with respect to this section.
2394 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
2395 58-22-401 may not be assessed through a citation.
2396 (b) A citation shall:
2397 (i) be in writing;
2398 (ii) describe with particularity the nature of the violation, including a reference to the
2399 provision of the chapter, rule, or order alleged to have been violated;
2400 (iii) clearly state that the recipient must notify the division in writing within 20
2401 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
2402 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
2403 (iv) clearly explain the consequences of failure to timely contest the citation or to make
2404 payment of any fines assessed by the citation within the time specified in the citation.
2405 (c) The division may issue a notice in lieu of a citation.
2406 (d) Each citation issued under this section, or a copy of each citation, may be served
2407 upon a person upon whom a summons may be served in accordance with the Utah Rules of
2408 Civil Procedure and may be made personally or upon the person's agent by a division
2409 investigator or by any person specially designated by the director or by mail.
2410 (e) If within 20 calendar days from the service of the citation, the person to whom the
2411 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2412 final order of the division and is not subject to further agency review. The period to contest a
2413 citation may be extended by the division for cause.
2414 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2415 the license of a licensee who fails to comply with a citation after it becomes final.
2416 (g) The failure of an applicant for licensure to comply with a citation after it becomes
2417 final is a ground for denial of license.
2418 (h) No citation may be issued under this section after the expiration of [
2419
2420 that is the subject of the citation is reported to the division.
2421 (i) The director or the director's designee shall assess fines according to the following:
2422 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
2423 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
2424 and
2425 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
2426 $2,000 for each day of continued offense.
2427 (2) An action initiated for a first or second offense which has not yet resulted in a final
2428 order of the division shall not preclude initiation of any subsequent action for a second or
2429 subsequent offense during the pendency of any preceding action. The final order on a
2430 subsequent action shall be considered a second or subsequent offense, respectively, provided
2431 the preceding action resulted in a first or second offense, respectively.
2432 (3) (a) The director may collect a penalty that is not paid by:
2433 (i) referring the matter to a collection agency; or
2434 (ii) bringing an action in the district court of the county where the person against whom
2435 the penalty is imposed resides or in the county where the office of the director is located.
2436 (b) A county attorney or the attorney general of the state shall provide legal assistance
2437 and advice to the director in an action to collect a penalty.
2438 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2439 action brought by the division to collect a penalty.
2440 Section 39. Section 58-24b-302 is amended to read:
2441 58-24b-302. Licensure.
2442 (1) An applicant for a license as a physical therapist shall:
2443 [
2444 [
2445 [
2446 program that is accredited by a recognized accreditation agency;
2447 [
2448 (i) after complying with Subsection [
2449 (ii) if the applicant is in the final term of a professional physical therapist education
2450 program that is accredited by a recognized accreditation agency;
2451 [
2452 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2453 [
2454
2455 (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2456 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2457 Administrative Rulemaking Act; and
2458 [
2459 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2460 (2) An applicant for a license as a physical therapist assistant shall:
2461 [
2462 [
2463 division, in accordance with Section 63J-1-504, to recover the costs of administering the
2464 licensing requirements relating to physical therapist assistants;
2465 [
2466 program that is accredited by a recognized accreditation agency;
2467 [
2468 with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2469 Act:
2470 (i) after the applicant complies with Subsection [
2471 (ii) if the applicant is in the final term of a physical therapist assistant education
2472 program that is accredited by a recognized accreditation agency;
2473 [
2474 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2475 [
2476 58-24b-302.1 and standards established by rule made in accordance with Title 63G, Chapter 3,
2477 Utah Administrative Rulemaking Act; and
2478 [
2479 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2480 (3) An applicant for a license as a physical therapist who is educated outside of the
2481 United States shall:
2482 [
2483 [
2484 [
2485 professional physical therapist education program that is accredited by a recognized
2486 accreditation agency; or
2487 (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
2488 therapist education program that prepares the applicant to engage in the practice of physical
2489 therapy, without restriction;
2490 (B) provide satisfactory evidence that the education program described in Subsection
2491 [
2492 a physical therapist education program in the country where the program is located; and
2493 (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
2494 educational requirements;
2495 [
2496 [
2497 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2498 [
2499
2500 (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2501 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2502 Administrative Rulemaking Act; and
2503 [
2504 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2505 (4) The division shall issue a license to a person who holds a current unrestricted
2506 license to practice physical therapy in a state, district, or territory of the United States of
2507 America, other than Utah, if the person:
2508 [
2509 [
2510 [
2511 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2512 [
2513
2514 (c) consents to a criminal background check in accordance with Section 58-24b-302.1
2515 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2516 Administrative Rulemaking Act; and
2517 [
2518 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2519 (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
2520 internship in physical therapy, unless the person is:
2521 (i) certified by the division; or
2522 (ii) exempt from licensure under Section 58-24b-304.
2523 (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
2524 participating in the supervised clinical training program for the purpose of becoming a physical
2525 therapist or a physical therapist assistant.
2526 Section 40. Section 58-26a-302 is amended to read:
2527 58-26a-302. Qualifications for licensure and registration -- Licensure by
2528 endorsement.
2529 (1) Each applicant for licensure under this chapter as a certified public accountant
2530 shall:
2531 (a) submit an application in a form prescribed by the division;
2532 (b) pay a fee determined by the department under Section 63J-1-504;
2533 [
2534 [
2535 to the board showing:
2536 (i) successful completion of a total of 150 semester hours or 225 quarter hours of
2537 collegiate level education with a concentration in accounting, auditing, and business;
2538 (ii) a baccalaureate degree or its equivalent at a college or university approved by the
2539 board; and
2540 (iii) compliance with any other education requirements established by rule by the
2541 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
2542 Administrative Rulemaking Act;
2543 [
2544 the division;
2545 [
2546 in accordance with Section 58-26a-306; and
2547 [
2548 the applicant's competence and qualifications for licensure.
2549 (2) (a) The division may issue a license under this chapter to a person who holds a
2550 license as a certified public accountant issued by any other state of the United States of
2551 America if the applicant for licensure by endorsement:
2552 (i) submits an application in a form prescribed by the division;
2553 (ii) pays a fee determined by the department under Section 63J-1-504;
2554 [
2555 [
2556 examining the applicant's competence and qualifications for licensure; and
2557 [
2558 (II) (Aa) meets the requirements for licensure which were applicable in this state at the
2559 time of the issuance of the applicant's license by the state from which the original licensure by
2560 satisfactorily passing the AICPA Uniform CPA Examination was issued; or
2561 (Bb) had four years of professional experience after passing the AICPA Uniform CPA
2562 Examination upon which the original license was based, within the 10 years immediately
2563 preceding the application for licensure by endorsement; or
2564 (B) shows evidence that the applicant's education, examination record, and experience
2565 are substantially equivalent to the requirements of Subsection (1), as provided by rule.
2566 (b) This Subsection (2) applies only to a person seeking to obtain a license issued by
2567 this state and does not apply to a person practicing as a certified public accountant in the state
2568 under Subsection 58-26a-305(1).
2569 (3) (a) Each applicant for registration as a Certified Public Accountant firm shall:
2570 (i) submit an application in a form prescribed by the division;
2571 (ii) pay a fee determined by the department under Section 63J-1-504;
2572 (iii) have, notwithstanding any other provision of law, a simple majority of the
2573 ownership of the Certified Public Accountant firm, in terms of financial interests and voting
2574 rights of all partners, officers, shareholders, members, or managers, held by individuals who
2575 are certified public accountants, licensed under this chapter or another state of the United States
2576 of America, and the partners, officers, shareholders, members, or managers, whose principal
2577 place of business is in this state, and who perform professional services in this state hold a
2578 valid license issued under Subsection 58-26a-301(2) or the corresponding provisions of prior
2579 law; and
2580 (iv) meet any other requirements established by rule by the division in collaboration
2581 with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2582 (b) Each separate location of a qualified business entity within the state seeking
2583 registration as a Certified Public Accountant firm shall register separately.
2584 (c) A Certified Public Accountant firm may include owners who are not licensed under
2585 this chapter as outlined in Subsection (3)(a)(iii), provided that:
2586 (i) the firm designates a licensee of this state who is responsible for the proper
2587 registration of the Certified Public Accountant firm and identifies that individual to the
2588 division; and
2589 (ii) all nonlicensed owners are active individual participants in the CPA firm.
2590 Section 41. Section 58-26a-305 is amended to read:
2591 58-26a-305. Exemptions from licensure.
2592 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2593 may engage in acts included within the definition of the practice of public accountancy, subject
2594 to the stated circumstances and limitations, without being licensed under this chapter:
2595 (a) a person licensed by any other state, district, or territory of the United States as a
2596 certified public accountant or its equivalent under any other title while practicing in this state
2597 if:
2598 (i) the person's principal place of business is not in this state; and
2599 (A) the person's license as a certified public accountant is from any state which the
2600 National Association of State Boards of Accountancy (NASBA) National Qualification
2601 Appraisal Service has verified to be substantially equivalent to the CPA licensure requirements
2602 of the Uniform Accountancy Act; or
2603 (B) the person's license as a certified public accountant is from a state which the
2604 NASBA National Qualification Appraisal Service has not verified to be substantially
2605 equivalent to the CPA licensure requirements of the Uniform Accountancy Act and the person
2606 obtains from the NASBA National Qualification Appraisal Service verification that the
2607 person's CPA qualifications are substantially equivalent to the CPA licensure requirements of
2608 the Uniform Accountancy Act and Subsection [
2609 (ii) the person consents, as a condition of the grant of this privilege:
2610 (A) to personal and subject matter jurisdiction and disciplinary authority of the
2611 division;
2612 (B) to comply with this chapter and the rules made under this chapter;
2613 (C) that in the event the license from the state of the person's principal place of
2614 business becomes invalid, the person shall cease offering or rendering professional services in
2615 this state both individually and on behalf of the firm; and
2616 (D) to the appointment of the state board which issued the person's license as the
2617 person's agent upon whom process may be served in an action or proceeding brought by the
2618 division against the licensee;
2619 (b) through December 31, 2012, a person licensed by any other state, district, or
2620 territory of the United States as a certified public accountant or its equivalent under another
2621 title while practicing in this state if:
2622 (i) the person does not qualify for a practice privilege under Subsection (1)(a);
2623 (ii) the practice is incidental to the person's regular practice outside of this state; and
2624 (iii) the person's temporary practice within the state is in conformity with this chapter
2625 and the rules established under this chapter;
2626 (c) an officer, member, partner, or employee of any entity or organization who signs
2627 any statement or report in reference to the financial affairs of the entity or organization with a
2628 designation of that person's position within the entity or organization;
2629 (d) a public official or employee while performing his official duties;
2630 (e) a person using accounting or auditing skills, including the preparation of tax
2631 returns, management advisory services, and the preparation of financial statements without the
2632 issuance of reports; or
2633 (f) an employee of a CPA firm registered under this chapter or an assistant to a person
2634 licensed under this chapter, working under the supervision of a licensee, if:
2635 (i) neither the employee or assistant nor the licensed employer or registered CPA firm
2636 represents that the unlicensed person is a certified public accountant; and
2637 (ii) no accounting or financial statements are issued over the unlicensed person's name.
2638 (2) (a) Notwithstanding any other provision of law, a person who qualifies under
2639 Subsection (1)(a) has all the privileges of a licensee of this state and may engage in acts
2640 included within the definition of the practice of public accountancy, whether in person or by
2641 mail, telephone, or electronic means, based on a practice privilege in this state, and no notice,
2642 fee, or other submission shall be provided by that person.
2643 (b) The division may revoke, suspend, or restrict an exemption granted under
2644 Subsection (1)(a) or (b), or place on probation or issue a public or private reprimand to a
2645 person exempted under those subsections for the reasons set forth in Subsection 58-1-401(2).
2646 Section 42. Section 58-26a-306 is amended to read:
2647 58-26a-306. Examination requirements.
2648 (1) Before taking the qualifying examinations, an applicant shall:
2649 (a) submit an application in a form approved by the division;
2650 (b) pay a fee determined by the department under Section 63J-1-504;
2651 (c) demonstrate completion of at least 120 semester hours or 180 quarter hours of the
2652 education requirement described in Subsection [
2653 (d) be approved by the board, or an organization designated by the board, to take the
2654 qualifying examinations.
2655 (2) A person must sit for and meet the conditioning requirements of the AICPA
2656 Uniform CPA Examination as established by the AICPA.
2657 Section 43. Section 58-28-301 is amended to read:
2658 58-28-301. Licensure required.
2659 (1) (a) A license is required to engage in the practice of veterinary medicine, except as
2660 specifically provided in Sections 58-1-307 and 58-28-307.
2661 (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be
2662 licensed under this chapter as a veterinary intern in order to engage in a program of indirectly
2663 supervised clinical training with a veterinarian licensed under this chapter, and as necessary to
2664 meet licensing requirements under Subsection [
2665 (2) The division shall issue to a person who qualifies under this chapter a license in the
2666 classification of:
2667 (a) veterinarian; or
2668 (b) veterinarian intern.
2669 Section 44. Section 58-28-302 is amended to read:
2670 58-28-302. License qualifications.
2671 (1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry
2672 shall:
2673 [
2674
2675 [
2676 science of veterinary medicine, surgery, dentistry, and other subjects determined by the board,
2677 knowledge of which is generally required of veterinarians;
2678 [
2679 (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary
2680 Graduates issued by the AVMA;
2681 [
2682 in this state for a period of at least six months;
2683 (ii) have participated in veterinary investigational, educational, or sanitary control work
2684 of a nature and duration as to be the equivalent of the experience of Subsection [
2685 (1)(c)(i);
2686 (iii) have practiced as a licensed veterinarian outside Utah for a period of at least six
2687 months; or
2688 (iv) have practiced as a veterinarian while employed by the United States government,
2689 its agencies, or the state or its political subdivisions for a period of at least six months; and
2690 [
2691 accordance with Section 63J-1-504 for the examination, for an initial license, and for a renewal
2692 license.
2693 (2) (a) An applicant for licensure as a veterinary intern shall comply with the
2694 provisions of [
2695 (b) An applicant's license as a veterinary intern is limited to the period of time
2696 necessary to complete clinical training as described in Subsection [
2697 not more than one year from the date the minimum requirement for training is completed,
2698 unless the individual presents satisfactory evidence to the division and the board that the
2699 individual is making reasonable progress toward passing the qualifying examination or is
2700 otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period
2701 of time under this Subsection (2)(b) may not exceed two years past the date the minimum
2702 supervised clinical training has been completed.
2703 Section 45. Section 58-28-304 is amended to read:
2704 58-28-304. Temporary license -- License reciprocity.
2705 (1) The division may issue a temporary license to practice veterinary medicine, surgery,
2706 and dentistry to any person not qualified for licensure under Subsection (4) who meets all
2707 requirements of Section 58-28-302 with the exception of Subsections [
2708 58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date
2709 examination results are available for the examination next following the date of the issuance of
2710 the temporary license.
2711 (2) The temporary license shall permit the holder to practice under the indirect
2712 supervision of a veterinarian licensed to practice in this state.
2713 (3) The division may extend the expiration date of the temporary license until the
2714 following examination date if:
2715 (a) the applicant shows to the board good cause for failing to take or pass the
2716 examination; and
2717 (b) the majority of the board members recommend the extension.
2718 (4) Upon the recommendation of the board, the division may issue a license without
2719 examination to a person who:
2720 (a) has been licensed or registered to practice veterinary medicine, surgery, and
2721 dentistry in any state, district, or territory of the United States or in any foreign country, whose
2722 educational, examination, and experience requirements are or were at the time the license was
2723 issued equal to those of this state;
2724 (b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
2725 licensed by another jurisdiction for at least two years;
2726 (c) obtained the license in another jurisdiction after passing an examination component
2727 acceptable to the division and the board;
2728 (d) produces satisfactory evidence of having practiced veterinary medicine competently
2729 and in accordance with the standards and ethics of the profession while practicing in another
2730 jurisdiction; and
2731 (e) produces satisfactory evidence of identity and good moral character as it relates to
2732 the applicant's functions and practice as a licensed veterinarian.
2733 Section 46. Section 58-31b-503 is amended to read:
2734 58-31b-503. Penalties and administrative actions for unlawful conduct and
2735 unprofessional conduct.
2736 (1) Any person who violates the unlawful conduct provision specifically defined in
2737 Subsection 58-1-501(1)(a) is guilty of a third degree felony.
2738 (2) Any person who violates any of the unlawful conduct provisions specifically
2739 defined in Subsections 58-1-501(1)(b) through (f) and 58-31b-501(1)(d) is guilty of a class A
2740 misdemeanor.
2741 (3) Any person who violates any of the unlawful conduct provisions specifically
2742 defined in this chapter and not set forth in Subsection (1) or (2) is guilty of a class B
2743 misdemeanor.
2744 (4) (a) Subject to Subsection (6) and in accordance with Section 58-31b-401, for acts
2745 of unprofessional or unlawful conduct, the division may:
2746 (i) assess administrative penalties; and
2747 (ii) take any other appropriate administrative action.
2748 (b) An administrative penalty imposed pursuant to this section shall be deposited in the
2749 "Nurse Education and Enforcement Account" as provided in Section 58-31b-103.
2750 (5) If a licensee has been convicted of violating Section 58-31b-501 prior to an
2751 administrative finding of a violation of the same section, the licensee may not be assessed an
2752 administrative fine under this chapter for the same offense for which the conviction was
2753 obtained.
2754 (6) (a) If upon inspection or investigation, the division concludes that a person has
2755 violated the provisions of Section 58-31b-401, 58-31b-501, or 58-31b-502, Chapter 1, Division
2756 of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled Substances Act,
2757 or any rule or order issued with respect to these provisions, and that disciplinary action is
2758 appropriate, the director or the director's designee from within the division shall:
2759 (i) promptly issue a citation to the person according to this chapter and any pertinent
2760 administrative rules;
2761 (ii) attempt to negotiate a stipulated settlement; or
2762 (iii) notify the person to appear before an adjudicative proceeding conducted under
2763 Title 63G, Chapter 4, Administrative Procedures Act.
2764 (b) Any person who is in violation of a provision described in Subsection (6)(a), as
2765 evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an
2766 adjudicative proceeding may be assessed a fine:
2767 (i) pursuant to this Subsection (6) of up to $10,000 per single violation or up to $2,000
2768 per day of ongoing violation, whichever is greater, in accordance with a fine schedule
2769 established by rule; and
2770 (ii) in addition to or in lieu of the fine imposed under Subsection (6)(b)(i), be ordered
2771 to cease and desist from violating a provision of Sections 58-31b-501 and 58-31b-502, Chapter
2772 1, Division of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled
2773 Substances Act, or any rule or order issued with respect to those provisions.
2774 (c) Except for an administrative fine and a cease and desist order, the licensure
2775 sanctions cited in Section 58-31b-401 may not be assessed through a citation.
2776 (d) Each citation issued under this section shall:
2777 (i) be in writing; and
2778 (ii) clearly describe or explain:
2779 (A) the nature of the violation, including a reference to the provision of the chapter,
2780 rule, or order alleged to have been violated;
2781 (B) that the recipient must notify the division in writing within 20 calendar days of
2782 service of the citation in order to contest the citation at a hearing conducted under Title 63G,
2783 Chapter 4, Administrative Procedures Act; and
2784 (C) the consequences of failure to timely contest the citation or to make payment of
2785 any fines assessed by the citation within the time specified in the citation; and
2786 (iii) be served upon any person upon whom a summons may be served:
2787 (A) in accordance with the Utah Rules of Civil Procedure;
2788 (B) personally or upon the person's agent by a division investigator or by any person
2789 specially designated by the director; or
2790 (C) by mail.
2791 (e) If within 20 calendar days from the service of a citation, the person to whom the
2792 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2793 final order of the division and is not subject to further agency review. The period to contest the
2794 citation may be extended by the division for cause.
2795 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2796 the license of a licensee who fails to comply with the citation after it becomes final.
2797 (g) The failure of an applicant for licensure to comply with a citation after it becomes
2798 final is a ground for denial of license.
2799 (h) No citation may be issued under this section after the expiration of [
2800
2801 that is the subject of the citation is reported to the division.
2802 (7) (a) The director may collect a penalty that is not paid by:
2803 (i) referring the matter to a collection agency; or
2804 (ii) bringing an action in the district court of the county where the person against whom
2805 the penalty is imposed resides or in the county where the office of the director is located.
2806 (b) A county attorney or the attorney general of the state shall provide legal assistance
2807 and advice to the director in an action to collect a penalty.
2808 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2809 action brought by the division to collect a penalty.
2810 Section 47. Section 58-31b-803 is amended to read:
2811 58-31b-803. Limitations on prescriptive authority for advanced practice
2812 registered nurses.
2813 (1) This section does not apply to an advanced practice registered nurse specializing as
2814 a certified registered nurse anesthetist under Subsection 58-31b-102(14)(d).
2815 (2) Except as provided in Subsections (3) and [
2816 advanced practice registered nurse may prescribe or administer a Schedule II controlled
2817 substance without a consultation and referral plan.
2818 (3) An advanced practice registered nurse described in Subsection (4) may not
2819 prescribe or administer a Schedule II controlled substance unless the advanced practice
2820 registered nurse prescribes or administers Schedule II controlled substances in accordance with
2821 a consultation and referral plan.
2822 (4) Subsection (3) applies to an advanced practice registered nurse who:
2823 (a) (i) is engaged in independent solo practice; and
2824 (ii) (A) has been licensed as an advanced practice registered nurse for less than one
2825 year; or
2826 (B) has less than 2,000 hours of experience practicing as a licensed advanced practice
2827 registered nurse; or
2828 (b) owns or operates a pain clinic.
2829 (5) Notwithstanding Subsection 58-31b-102(5), an advanced practice registered nurse
2830 with at least three years of experience as a licensed advanced practice registered nurse may
2831 supervise a consultation and referral plan for an advanced practice registered nurse described in
2832 Subsection (4)(a).
2833 Section 48. Section 58-37f-203 is amended to read:
2834 58-37f-203. Submission, collection, and maintenance of data.
2835 (1) (a) The division shall implement on a statewide basis, including non-resident
2836 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
2837 submit information:
2838 (i) real-time submission of the information required to be submitted under this part to
2839 the controlled substance database; and
2840 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
2841 information required to be submitted under this part to the controlled substance database.
2842 (b) [
2843 [
2844 Subsection (1)(a)(i); or
2845 [
2846 Subsection (1)(a)(ii).
2847 [
2848
2849 (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
2850 (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
2851 controlled substance is dispensed shall submit the data described in this section to the division
2852 in accordance with:
2853 (i) the requirements of this section;
2854 (ii) the procedures established by the division;
2855 (iii) additional types of information or data fields established by the division; and
2856 (iv) the format established by the division.
2857 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
2858 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
2859 the provisions of this section and the dispensing medical practitioner shall assume the duties of
2860 the pharmacist under this chapter.
2861 (3) (a) The pharmacist-in-charge and the pharmacist described in Subsection (2)[
2862 shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
2863 supervision other than those dispensed for an inpatient at a health care facility, submit to the
2864 division any type of information or data field established by the division by rule in accordance
2865 with Subsection (6) regarding:
2866 (i) each controlled substance that is dispensed by the pharmacist or under the
2867 pharmacist's supervision; and
2868 (ii) each noncontrolled substance that is:
2869 (A) designated by the division under Subsection (8)(a); and
2870 (B) dispensed by the pharmacist or under the pharmacist's supervision.
2871 (b) Subsection (3)(a) does not apply to a drug that is dispensed for an inpatient at a
2872 health care facility.
2873 (4) An individual whose records are in the database may obtain those records upon
2874 submission of a written request to the division.
2875 (5) (a) A patient whose record is in the database may contact the division in writing to
2876 request correction of any of the patient's database information that is incorrect. [
2877
2878 (b) The division shall grant or deny the request within 30 days from receipt of the
2879 request and shall advise the requesting patient of its decision [
2880 days of receipt of the request.
2881 (c) If the division denies a request under this Subsection (5) or does not respond within
2882 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
2883 after the [
2884 correction under this Subsection (5).
2885 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2886 Administrative Rulemaking Act, to establish submission requirements under this part,
2887 including:
2888 (a) electronic format;
2889 (b) submission procedures; and
2890 (c) required information and data fields.
2891 (7) The division shall ensure that the database system records and maintains for
2892 reference:
2893 (a) the identification of each individual who requests or receives information from the
2894 database;
2895 (b) the information provided to each individual; and
2896 (c) the date and time that the information is requested or provided.
2897 (8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
2898 Committee created in Section 58-38a-201, shall designate a list of noncontrolled substances
2899 described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
2900 Administrative Rulemaking Act.
2901 (b) To determine whether a prescription drug should be designated in the schedules of
2902 controlled substances under this chapter, the division may collect information about a
2903 prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
2904 controlled substances under this chapter.
2905 Section 49. Section 58-37f-301 is amended to read:
2906 58-37f-301. Access to database.
2907 (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2908 Administrative Rulemaking Act, to:
2909 (a) effectively enforce the limitations on access to the database as described in this
2910 part; and
2911 (b) establish standards and procedures to ensure accurate identification of individuals
2912 requesting information or receiving information without request from the database.
2913 (2) The division shall make information in the database and information obtained from
2914 other state or federal prescription monitoring programs by means of the database available only
2915 to the following individuals, in accordance with the requirements of this chapter and division
2916 rules:
2917 (a) (i) personnel of the division specifically assigned to conduct investigations related
2918 to controlled substance laws under the jurisdiction of the division; and
2919 (ii) the following law enforcement officers, but the division may only provide
2920 nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding
2921 individuals for whom a controlled substance has been prescribed or to whom a controlled
2922 substance has been dispensed:
2923 (A) a law enforcement agency officer who is engaged in a joint investigation with the
2924 division; and
2925 (B) a law enforcement agency officer to whom the division has referred a suspected
2926 criminal violation of controlled substance laws;
2927 (b) authorized division personnel engaged in analysis of controlled substance
2928 prescription information as a part of the assigned duties and responsibilities of their
2929 employment;
2930 (c) a board member if:
2931 (i) the board member is assigned to monitor a licensee on probation; and
2932 (ii) the board member is limited to obtaining information from the database regarding
2933 the specific licensee on probation;
2934 (d) a member of a diversion committee established in accordance with Subsection
2935 58-1-404(2) if:
2936 (i) the diversion committee member is limited to obtaining information from the
2937 database regarding the person whose conduct is the subject of the committee's consideration;
2938 and
2939 (ii) the conduct that is the subject of the committee's consideration includes a violation
2940 or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
2941 violation or potential violation under this title;
2942 (e) in accordance with a written agreement entered into with the department,
2943 employees of the Department of Health:
2944 (i) whom the director of the Department of Health assigns to conduct scientific studies
2945 regarding the use or abuse of controlled substances, if the identity of the individuals and
2946 pharmacies in the database are confidential and are not disclosed in any manner to any
2947 individual who is not directly involved in the scientific studies;
2948 (ii) when the information is requested by the Department of Health in relation to a
2949 person or provider whom the Department of Health suspects may be improperly obtaining or
2950 providing a controlled substance; or
2951 (iii) in the medical examiner's office;
2952 (f) in accordance with a written agreement entered into with the department, a designee
2953 of the director of the Department of Health, who is not an employee of the Department of
2954 Health, whom the director of the Department of Health assigns to conduct scientific studies
2955 regarding the use or abuse of controlled substances pursuant to an application process
2956 established in rule by the Department of Health, if:
2957 (i) the designee provides explicit information to the Department of Health regarding
2958 the purpose of the scientific studies;
2959 (ii) the scientific studies to be conducted by the designee:
2960 (A) fit within the responsibilities of the Department of Health for health and welfare;
2961 (B) are reviewed and approved by an Institutional Review Board that is approved for
2962 human subject research by the United States Department of Health and Human Services; and
2963 (C) are not conducted for profit or commercial gain; and
2964 (D) are conducted in a research facility, as defined by division rule, that is associated
2965 with a university or college accredited by one or more regional or national accrediting agencies
2966 recognized by the United States Department of Education;
2967 (iii) the designee protects the information as a business associate of the Department of
2968 Health; and
2969 (iv) the identity of the prescribers, patients, and pharmacies in the database are
2970 de-identified, confidential, not disclosed in any manner to the designee or to any individual
2971 who is not directly involved in the scientific studies;
2972 (g) in accordance with the written agreement entered into with the department and the
2973 Department of Health, authorized employees of a managed care organization, as defined in 42
2974 C.F.R. Sec. 438, if:
2975 (i) the managed care organization contracts with the Department of Health under the
2976 provisions of Section 26-18-405 and the contract includes provisions that:
2977 (A) require a managed care organization employee who will have access to information
2978 from the database to submit to a criminal background check; and
2979 (B) limit the authorized employee of the managed care organization to requesting
2980 either the division or the Department of Health to conduct a search of the database regarding a
2981 specific Medicaid enrollee and to report the results of the search to the authorized employee;
2982 and
2983 (ii) the information is requested by an authorized employee of the managed care
2984 organization in relation to a person who is enrolled in the Medicaid program with the managed
2985 care organization, and the managed care organization suspects the person may be improperly
2986 obtaining or providing a controlled substance;
2987 (h) a licensed practitioner having authority to prescribe controlled substances, to the
2988 extent the information:
2989 (i) (A) relates specifically to a current or prospective patient of the practitioner; and
2990 (B) is provided to or sought by the practitioner for the purpose of:
2991 (I) prescribing or considering prescribing any controlled substance to the current or
2992 prospective patient;
2993 (II) diagnosing the current or prospective patient;
2994 (III) providing medical treatment or medical advice to the current or prospective
2995 patient; or
2996 (IV) determining whether the current or prospective patient:
2997 (Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
2998 or
2999 (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
3000 substance from the practitioner;
3001 (ii) (A) relates specifically to a former patient of the practitioner; and
3002 (B) is provided to or sought by the practitioner for the purpose of determining whether
3003 the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
3004 controlled substance from the practitioner;
3005 (iii) relates specifically to an individual who has access to the practitioner's Drug
3006 Enforcement Administration identification number, and the practitioner suspects that the
3007 individual may have used the practitioner's Drug Enforcement Administration identification
3008 number to fraudulently acquire or prescribe a controlled substance;
3009 (iv) relates to the practitioner's own prescribing practices, except when specifically
3010 prohibited by the division by administrative rule;
3011 (v) relates to the use of the controlled substance database by an employee of the
3012 practitioner, described in Subsection (2)(i); or
3013 (vi) relates to any use of the practitioner's Drug Enforcement Administration
3014 identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
3015 controlled substance;
3016 (i) in accordance with Subsection (3)(a), an employee of a practitioner described in
3017 Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
3018 (i) the employee is designated by the practitioner as an individual authorized to access
3019 the information on behalf of the practitioner;
3020 (ii) the practitioner provides written notice to the division of the identity of the
3021 employee; and
3022 (iii) the division:
3023 (A) grants the employee access to the database; and
3024 (B) provides the employee with a password that is unique to that employee to access
3025 the database in order to permit the division to comply with the requirements of Subsection
3026 58-37f-203(5) with respect to the employee;
3027 (j) an employee of the same business that employs a licensed practitioner under
3028 Subsection (2)(h) if:
3029 (i) the employee is designated by the practitioner as an individual authorized to access
3030 the information on behalf of the practitioner;
3031 (ii) the practitioner and the employing business provide written notice to the division of
3032 the identity of the designated employee; and
3033 (iii) the division:
3034 (A) grants the employee access to the database; and
3035 (B) provides the employee with a password that is unique to that employee to access
3036 the database in order to permit the division to comply with the requirements of Subsection
3037 58-37f-203(5) with respect to the employee;
3038 (k) a licensed pharmacist having authority to dispense a controlled substance to the
3039 extent the information is provided or sought for the purpose of:
3040 (i) dispensing or considering dispensing any controlled substance; or
3041 (ii) determining whether a person:
3042 (A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
3043 (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
3044 substance from the pharmacist;
3045 (l) in accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy
3046 intern who is an employee of a pharmacy as defined in Section 58-17b-102, for the purposes
3047 described in Subsection [
3048 (i) the employee is designated by the pharmacist-in-charge as an individual authorized
3049 to access the information on behalf of a licensed pharmacist employed by the pharmacy;
3050 (ii) the pharmacist-in-charge provides written notice to the division of the identity of
3051 the employee; and
3052 (iii) the division:
3053 (A) grants the employee access to the database; and
3054 (B) provides the employee with a password that is unique to that employee to access
3055 the database in order to permit the division to comply with the requirements of Subsection
3056 58-37f-203(5) with respect to the employee;
3057 (m) pursuant to a valid search warrant, federal, state, and local law enforcement
3058 officers and state and local prosecutors who are engaged in an investigation related to:
3059 (i) one or more controlled substances; and
3060 (ii) a specific person who is a subject of the investigation;
3061 (n) subject to Subsection (7), a probation or parole officer, employed by the
3062 Department of Corrections or by a political subdivision, to gain access to database information
3063 necessary for the officer's supervision of a specific probationer or parolee who is under the
3064 officer's direct supervision;
3065 (o) employees of the Office of Internal Audit and Program Integrity within the
3066 Department of Health who are engaged in their specified duty of ensuring Medicaid program
3067 integrity under Section 26-18-2.3;
3068 (p) a mental health therapist, if:
3069 (i) the information relates to a patient who is:
3070 (A) enrolled in a licensed substance abuse treatment program; and
3071 (B) receiving treatment from, or under the direction of, the mental health therapist as
3072 part of the patient's participation in the licensed substance abuse treatment program described
3073 in Subsection (2)(p)(i)(A);
3074 (ii) the information is sought for the purpose of determining whether the patient is
3075 using a controlled substance while the patient is enrolled in the licensed substance abuse
3076 treatment program described in Subsection (2)(p)(i)(A); and
3077 (iii) the licensed substance abuse treatment program described in Subsection
3078 (2)(p)(i)(A) is associated with a practitioner who:
3079 (A) is a physician, a physician assistant, an advance practice registered nurse, or a
3080 pharmacist; and
3081 (B) is available to consult with the mental health therapist regarding the information
3082 obtained by the mental health therapist, under this Subsection (2)(p), from the database;
3083 (q) an individual who is the recipient of a controlled substance prescription entered into
3084 the database, upon providing evidence satisfactory to the division that the individual requesting
3085 the information is in fact the individual about whom the data entry was made;
3086 (r) an individual under Subsection (2)(q) for the purpose of obtaining a list of the
3087 persons and entities that have requested or received any information from the database
3088 regarding the individual, except if the individual's record is subject to a pending or current
3089 investigation as authorized under this Subsection (2);
3090 (s) the inspector general, or a designee of the inspector general, of the Office of
3091 Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
3092 Title 63A, Chapter 13, Part 2, Office and Powers;
3093 (t) the following licensed physicians for the purpose of reviewing and offering an
3094 opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
3095 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
3096 (i) a member of the medical panel described in Section 34A-2-601;
3097 (ii) a physician employed as medical director for a licensed workers' compensation
3098 insurer or an approved self-insured employer; or
3099 (iii) a physician offering a second opinion regarding treatment; and
3100 (u) members of Utah's Opioid Fatality Review Committee, for the purpose of
3101 reviewing a specific fatality due to opioid use and recommending policies to reduce the
3102 frequency of opioid use fatalities.
3103 (3) (a) (i) A practitioner described in Subsection (2)(h) may designate one or more
3104 employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).
3105 (ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
3106 designate up to five employees to access information from the database under Subsection (2)(l).
3107 (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
3108 Administrative Rulemaking Act, to:
3109 (i) establish background check procedures to determine whether an employee
3110 designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
3111 and
3112 (ii) establish the information to be provided by an emergency department employee
3113 under Subsection (4); and
3114 (iii) facilitate providing controlled substance prescription information to a third party
3115 under Subsection (5).
3116 (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
3117 (4)(c) access to the database, unless the division determines, based on a background check, that
3118 the employee poses a security risk to the information contained in the database.
3119 (4) (a) An individual who is employed in the emergency department of a hospital may
3120 exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
3121 the individual is designated under Subsection (4)(c) and the licensed practitioner:
3122 (i) is employed in the emergency department;
3123 (ii) is treating an emergency department patient for an emergency medical condition;
3124 and
3125 (iii) requests that an individual employed in the emergency department and designated
3126 under Subsection (4)(c) obtain information regarding the patient from the database as needed in
3127 the course of treatment.
3128 (b) The emergency department employee obtaining information from the database
3129 shall, when gaining access to the database, provide to the database the name and any additional
3130 identifiers regarding the requesting practitioner as required by division administrative rule
3131 established under Subsection (3)(b).
3132 (c) An individual employed in the emergency department under this Subsection (4)
3133 may obtain information from the database as provided in Subsection (4)(a) if:
3134 (i) the employee is designated by the practitioner as an individual authorized to access
3135 the information on behalf of the practitioner;
3136 (ii) the practitioner and the hospital operating the emergency department provide
3137 written notice to the division of the identity of the designated employee; and
3138 (iii) the division:
3139 (A) grants the employee access to the database; and
3140 (B) provides the employee with a password that is unique to that employee to access
3141 the database in order to permit the division to comply with the requirements of Subsection
3142 58-37f-203(5) with respect to the employee.
3143 (d) The division may impose a fee, in accordance with Section 63J-1-504, on a
3144 practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
3145 costs incurred by the division to conduct the background check and make the determination
3146 described in Subsection (3)(b).
3147 (5) (a) (i) An individual may request that the division provide the information under
3148 Subsection (5)(b) to a third party who is designated by the individual each time a controlled
3149 substance prescription for the individual is dispensed.
3150 (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
3151 the individual in writing that the individual may direct the division to discontinue providing the
3152 information to a third party and that notice of the individual's direction to discontinue will be
3153 provided to the third party.
3154 (b) The information the division shall provide under Subsection (5)(a) is:
3155 (i) the fact a controlled substance has been dispensed to the individual, but without
3156 identifying the controlled substance; and
3157 (ii) the date the controlled substance was dispensed.
3158 (c) (i) An individual who has made a request under Subsection (5)(a) may direct that
3159 the division discontinue providing information to the third party.
3160 (ii) The division shall:
3161 (A) notify the third party that the individual has directed the division to no longer
3162 provide information to the third party; and
3163 (B) discontinue providing information to the third party.
3164 (6) (a) An individual who is granted access to the database based on the fact that the
3165 individual is a licensed practitioner or a mental health therapist shall be denied access to the
3166 database when the individual is no longer licensed.
3167 (b) An individual who is granted access to the database based on the fact that the
3168 individual is a designated employee of a licensed practitioner shall be denied access to the
3169 database when the practitioner is no longer licensed.
3170 (7) A probation or parole officer is not required to obtain a search warrant to access the
3171 database in accordance with Subsection (2)(n).
3172 (8) The division shall review and adjust the database programming which
3173 automatically logs off an individual who is granted access to the database under Subsections
3174 (2)(h), (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
3175 (a) to protect patient privacy;
3176 (b) to reduce inappropriate access; and
3177 (c) to make the database more useful and helpful to a person accessing the database
3178 under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
3179 emergency department.
3180 Section 50. Section 58-37f-302 is amended to read:
3181 58-37f-302. Other restrictions on access to database.
3182 (1) A person who is a relative of a deceased individual is not entitled to access
3183 information from the database relating to the deceased individual based on the fact or claim
3184 that the person is:
3185 (a) related to the deceased individual; or
3186 (b) subrogated to the rights of the deceased individual.
3187 (2) Except as provided in [
3188 maintained in, or accessed from the database that may be identified to, or with, a particular
3189 person is not subject to discovery, subpoena, or similar compulsory process in any civil,
3190 judicial, administrative, or legislative proceeding, nor shall any individual or organization with
3191 lawful access to the data be compelled to testify with regard to the data.
3192 (3) The restrictions described in Subsection (2) do not apply to a civil, judicial, or
3193 administrative action brought to enforce the provisions of this chapter.
3194 (4) (a) Subject to the requirements of this Subsection (4), in a state criminal proceeding
3195 a court may:
3196 (i) order the release of information contained in the database if the court determines
3197 good cause has been shown in accordance with Rule 16, Utah Rules of Criminal Procedure;
3198 and
3199 (ii) at any time order that information released under this Subsection (4) be restricted,
3200 limited, or restrained from further dissemination as the court determines is appropriate.
3201 (b) Upon the motion of a defendant, a court may only issue an order compelling the
3202 production of database information under this Subsection (4) that pertains to a victim if the
3203 court finds upon notice as provided in Subsection (4)(c), and after a hearing, that the defendant
3204 is entitled to production of the information under applicable state and federal law.
3205 (c) A motion by a defendant for database information pertaining to a victim shall be
3206 served by the defendant on:
3207 (i) the prosecutor and on counsel for the victim or victim's representative; or
3208 (ii) the prosecutor if the victim is unrepresented by counsel.
3209 (d) Upon a defendant's motion for database information pertaining to a victim, if the
3210 court determines that good cause exists to order release of database information pertaining to
3211 the victim, the court shall conduct an in camera review of the database information and may
3212 only disclose to the defense and prosecution those portions of database information that are
3213 relevant to the state criminal proceeding.
3214 Section 51. Section 58-37f-303 is amended to read:
3215 58-37f-303. Access to opioid prescription information via an electronic data
3216 system.
3217 (1) As used in this section:
3218 (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
3219 (b) "EDS user":
3220 (i) means:
3221 (A) a prescriber;
3222 (B) a pharmacist; or
3223 (C) an individual granted access to the database under Subsection 58-37f-301(3)(c);
3224 and
3225 (ii) does not mean an individual whose access to the database has been revoked by the
3226 division pursuant to Subsection 58-37f-301(5)[
3227 (c) "Electronic data system" means a software product or an electronic service used by:
3228 (i) a prescriber to manage electronic health records; or
3229 (ii) a pharmacist to manage the dispensing of prescription drugs.
3230 (d) "Opioid" means any substance listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
3231 (e) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
3232 (f) "Prescriber" means a practitioner, as that term is defined in Section 58-37-2, who is
3233 licensed under Section 58-37-6 to prescribe an opioid.
3234 (g) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
3235 (2) Subject to Subsections (3) through (6), no later than January 1, 2017, the division
3236 shall make opioid prescription information in the database available to an EDS user via the
3237 user's electronic data system.
3238 (3) An electronic data system may be used to make opioid prescription information in
3239 the database available to an EDS user only if the electronic data system complies with rules
3240 established by the division under Subsection (4).
3241 (4) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
3242 Administrative Rulemaking Act, specifying:
3243 (i) an electronic data system's:
3244 (A) allowable access to and use of opioid prescription information in the database; and
3245 (B) minimum actions that must be taken to ensure that opioid prescription information
3246 accessed from the database is protected from inappropriate disclosure or use; and
3247 (ii) an EDS user's:
3248 (A) allowable access to opioid prescription information in the database via an
3249 electronic data system; and
3250 (B) allowable use of the information.
3251 (b) The rules shall establish:
3252 (i) minimum user identification requirements that in substance are the same as the
3253 database identification requirements in Section 58-37f-301;
3254 (ii) user access restrictions that in substance are the same as the database identification
3255 requirements in Section 58-37f-301; and
3256 (iii) any other requirements necessary to ensure that in substance the provisions of
3257 Sections 58-37f-301 and 58-37f-302 apply to opioid prescription information in the database
3258 that has been made available to an EDS user via an electronic data system.
3259 (5) The division may not make opioid prescription information in the database
3260 available to an EDS user via the user's electronic data system if:
3261 (a) the electronic data system does not comply with the rules established by the
3262 division under Subsection (4); or
3263 (b) the EDS user does not comply with the rules established by the division under
3264 Subsection (4).
3265 (6) (a) The division shall periodically audit the use of opioid prescription information
3266 made available to an EDS user via the user's electronic data system.
3267 (b) The audit shall review compliance by:
3268 (i) the electronic data system with rules established by the division under Subsection
3269 (4); and
3270 (ii) the EDS user with rules established by the division under Subsection (4).
3271 (c) (i) If the division determines by audit or other means that an electronic data system
3272 is not in compliance with rules established by the division under Subsection (4), the division
3273 shall immediately suspend or revoke the electronic data system's access to opioid prescription
3274 information in the database.
3275 (ii) If the division determines by audit or other means that an EDS user is not in
3276 compliance with rules established by the division under Subsection (4), the division shall
3277 immediately suspend or revoke the EDS user's access to opioid prescription information in the
3278 database via an electronic data system.
3279 (iii) If the division suspends or revokes access to opioid prescription information in the
3280 database under Subsection (6)(c)(i) or (6)(c)(ii), the division shall also take any other
3281 appropriate corrective or disciplinary action authorized by this chapter or title.
3282 Section 52. Section 58-40-302 is amended to read:
3283 58-40-302. Qualifications for licensure.
3284 (1) An applicant for licensure under this chapter shall:
3285 (a) submit an application in a form prescribed by the division; and
3286 (b) pay a fee determined by the department under Section 63J-1-504[
3287 [
3288 (2) In addition to the requirements of Subsection (1), an applicant for licensure as a
3289 master therapeutic recreation specialist under this chapter shall as defined by division rule:
3290 (a) complete an approved graduate degree;
3291 (b) complete 4,000 qualifying hours of paid experience as:
3292 (i) a licensed therapeutic recreation specialist if completed in the state; or
3293 (ii) a certified therapeutic recreation specialist certified by the National Council for
3294 Therapeutic Recreation Certification if completed outside of the state; and
3295 (c) pass an approved examination.
3296 (3) In addition to the requirements of Subsection (1), an applicant for licensure as a
3297 therapeutic recreation specialist under this chapter shall, as defined by division rule:
3298 (a) complete an approved:
3299 (i) bachelor's degree in therapeutic recreation or recreational therapy;
3300 (ii) bachelor's degree with an approved emphasis, option, or concentration in
3301 therapeutic recreation or recreational therapy; or
3302 (iii) graduate degree;
3303 (b) complete an approved practicum; and
3304 (c) pass an approved examination.
3305 (4) In addition to the requirements of Subsection (1), an applicant for licensure as a
3306 therapeutic recreation technician under this chapter shall, as defined by division rule:
3307 (a) have a high school diploma or GED equivalent;
3308 (b) complete an approved:
3309 (i) educational course in therapeutic recreation taught by a licensed master therapeutic
3310 recreation specialist; or
3311 (ii) six semester hours or nine quarter hours in therapeutic recreation or recreational
3312 therapy from an accredited college or university;
3313 (c) complete an approved practicum under the supervision of:
3314 (i) a licensed master therapeutic recreation specialist; or
3315 (ii) an on-site, full-time, employed therapeutic recreation specialist;
3316 (d) pass an approved examination; and
3317 (e) complete a minimum of two hours of training in suicide prevention via a course that
3318 the division designates as approved.
3319 Section 53. Section 58-40-501 is amended to read:
3320 58-40-501. Unlawful conduct.
3321 "Unlawful conduct" includes:
3322 (1) providing, leading, facilitating, teaching, or offering to provide or teach recreational
3323 therapy services unless licensed under this chapter or exempted from licensure under Section
3324 58-1-307 or 58-40-305; and
3325 (2) using the initials MTRS, TRS, or TRT, or other abbreviation, term, title, or sign
3326 relating to the practice of recreational therapy services unless licensed under this chapter[
3327 [
3328
3329 [
3330 [
3331 Section 54. Section 58-41-5 is amended to read:
3332 58-41-5. Licensure requirements.
3333 (1) To obtain and maintain a license as an audiologist beginning July 1, 2010, an
3334 applicant must:
3335 (a) submit a completed application in the form and content prescribed by the division
3336 and pay a fee to the department in accordance with Section 63J-1-504;
3337 [
3338 [
3339 a clinical doctor's degree or AuD, in audiology, from an accredited university or college, based
3340 on a program of studies primarily in the field of audiology;
3341 [
3342 profession of audiology;
3343 [
3344 professional experience, at least 30 hours per week for an academic year, of direct clinical
3345 experience in treatment and management of patients, supervised and attested to by one holding
3346 an audiologist license under this chapter, the CCC, or their full equivalent; and
3347 [
3348 or equivalent to the examination required for the CCC and with pass-fail criteria equivalent to
3349 current ASHA standards, and the board may require the applicant to pass an acceptable
3350 practical demonstration of clinical skills to an examining committee of licensed audiologists
3351 appointed by the board.
3352 (2) To obtain and maintain a license as an audiologist prior to July 1, 2010, an
3353 applicant shall:
3354 (a) comply with Subsections (1)(a), [
3355 (b) provide the committee with verification that the applicant has received at least a
3356 master's degree in the area of audiology from an accredited university or college, based on a
3357 program of studies primarily in the field of audiology, and holds the CCC or its full equivalent.
3358 (3) An individual who, prior to July 1, 2010, is licensed as an audiologist under this
3359 chapter is, on or after July 1, 2010, considered to hold a current license under this chapter as an
3360 audiologist and is subject to this chapter.
3361 (4) To obtain and maintain a license as a speech-language pathologist, an applicant
3362 must:
3363 (a) comply with [
3364 (b) provide the committee with verification that the applicant has received at least a
3365 master's degree in speech-language pathology from an accredited university or college, based
3366 on a program of studies primarily in the field of speech-language pathology;
3367 (c) be in compliance with the regulations of conduct and code of ethics for the
3368 profession of speech-language pathology;
3369 (d) comply with Subsection [
3370 requirement shall be from a licensed speech-language pathologist rather than a licensed
3371 audiologist; and
3372 (e) pass a nationally standardized examination in speech-language pathology which is
3373 the same as or equivalent to the examination required for the CCC and with pass-fail criteria
3374 equivalent to current ASHA standards, and the board may require the applicant to pass an
3375 acceptable practical demonstration of clinical skills to an examining committee of licensed
3376 speech-language pathologists appointed by the board.
3377 Section 55. Section 58-42a-302 is amended to read:
3378 58-42a-302. Qualifications for licensure.
3379 (1) An applicant for licensure as an occupational therapist shall:
3380 (a) submit an application in a form as prescribed by the division;
3381 (b) pay a fee as determined by the department under Section 63J-1-504;
3382 [
3383
3384 [
3385 therapy from an education program accredited by the American Occupational Therapy
3386 Association's Accreditation Council for Occupational Therapy Education, a predecessor
3387 organization, or an equivalent organization as determined by division rule;
3388 [
3389 weeks of supervised fieldwork experience; and
3390 [
3391 and administered by the National Board for Certification in Occupational Therapy, or by
3392 another nationally recognized credentialing body as approved by division rule, to demonstrate
3393 knowledge of the practice, skills, theory, and professional ethics related to occupational
3394 therapy.
3395 (2) All applicants for licensure as an occupational therapy assistant shall:
3396 (a) submit an application in a form as prescribed by the division;
3397 (b) pay a fee as determined by the department under Section 63J-1-504;
3398 [
3399
3400 [
3401 as an occupational therapy assistant that is accredited by the American Occupational Therapy
3402 Association's Accreditation Council for Occupational Therapy Education, a predecessor
3403 organization, or an equivalent organization as determined by division rule;
3404 [
3405 weeks of supervised fieldwork experience; and
3406 [
3407 and administered by the National Board for Certification in Occupational Therapy, or by
3408 another nationally recognized credentialing body as approved by division rule, to demonstrate
3409 knowledge of the practice, skills, theory, and professional ethics related to occupational
3410 therapy.
3411 (3) Notwithstanding the other requirements of this section, the division may issue a
3412 license as an occupational therapist or as an occupational therapy assistant to an applicant who:
3413 (a) meets the requirements of receiving a license by endorsement under Section
3414 58-1-302; or
3415 (b) has been licensed in a state, district, or territory of the United States, or in a foreign
3416 country, where the education, experience, or examination requirements are not substantially
3417 equal to the requirements of this state, if the applicant passes the applicable examination
3418 described in Subsection [
3419 Section 56. Section 58-42a-501 is amended to read:
3420 58-42a-501. Unlawful conduct.
3421 "Unlawful conduct," as defined in Section 58-1-501 and as may be further defined by
3422 division rule, includes:
3423 (1) engaging or offering to engage in the practice of occupational therapy unless
3424 licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-42a-304;
3425 (2) using the title occupational therapist or occupational therapy assistant unless
3426 licensed under this chapter; and
3427 [
3428
3429
3430 [
3431 concealment of a material fact.
3432 Section 57. Section 58-46a-302 is amended to read:
3433 58-46a-302. Qualifications for licensure.
3434 (1) Each applicant for licensure as a hearing instrument specialist shall:
3435 (a) submit to the division an application in a form prescribed by the division;
3436 (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3437 [
3438 [
3439 for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
3440 division in collaboration with the board;
3441 [
3442 Specialists; and
3443 [
3444 instrument intern license at the time of licensure as a hearing instrument specialist.
3445 (2) Each applicant for licensure as a hearing instrument intern shall:
3446 (a) submit to the division an application in a form prescribed by the division;
3447 (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3448 [
3449 [
3450 Specialists; and
3451 [
3452 when licensed, will practice as a hearing instrument intern only under the supervision of a
3453 supervising hearing instrument specialist in accordance with:
3454 (i) Section 58-46a-302.5; and
3455 (ii) the supervision requirements for obtaining board certification by the National
3456 Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved
3457 by the division in collaboration with the board.
3458 Section 58. Section 58-47b-302 is amended to read:
3459 58-47b-302. License classifications -- Qualifications for licensure.
3460 (1) The division shall issue licenses under this chapter in the classifications of:
3461 (a) massage therapist; and
3462 (b) massage apprentice.
3463 (2) Each applicant for licensure as a massage therapist shall:
3464 (a) submit an application in a form prescribed by the division;
3465 (b) pay a fee determined by the department under Section 63J-1-504;
3466 [
3467 [
3468 [
3469 (i) (A) graduated from a school of massage having a curriculum which meets standards
3470 established by division rule made in collaboration with the board; or
3471 (B) completed equivalent education and training in compliance with division rule; or
3472 (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
3473 hours of supervised training over a minimum of 12 months and in accordance with standards
3474 established by the division by rule made in collaboration with the board; and
3475 [
3476 board.
3477 (3) Each applicant for licensure as a massage apprentice shall:
3478 (a) submit an application in a form prescribed by the division;
3479 (b) pay a fee determined by the department under Section 63J-1-504;
3480 [
3481 [
3482 [
3483 a massage apprentice only under the direct supervision of a licensed massage therapist in good
3484 standing and who has engaged in the lawful practice of massage therapy as a licensed massage
3485 therapist for not less than 6,000 hours; and
3486 [
3487 (4) (a) Any new massage therapist or massage apprentice applicant shall submit
3488 fingerprint cards in a form acceptable to the division at the time the license application is filed
3489 and shall consent to a fingerprint background check by the Utah Bureau of Criminal
3490 Identification and the Federal Bureau of Investigation regarding the application.
3491 (b) The division shall request the Department of Public Safety to complete a Federal
3492 Bureau of Investigation criminal background check for each new massage therapist or
3493 apprentice applicant through the national criminal history system (NCIC) or any successor
3494 system.
3495 (c) The cost of the background check and the fingerprinting shall be borne by the
3496 applicant.
3497 (5) (a) Any new massage therapist or massage apprentice license issued under this
3498 section shall be conditional, pending completion of the criminal background check. If the
3499 criminal background check discloses the applicant has failed to accurately disclose a criminal
3500 history, the license shall be immediately and automatically revoked.
3501 (b) Any person whose conditional license has been revoked under Subsection (5)(a)
3502 shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
3503 conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
3504 (6) An applicant who successfully completes a fingerprint background check under
3505 Subsection (4) may not be required by any other state or local government body to submit to a
3506 second fingerprint background check as a condition of lawfully practicing massage therapy in
3507 this state.
3508 Section 59. Section 58-49-4 is amended to read:
3509 58-49-4. Qualifications for certification -- Fee.
3510 Each applicant for certification under this chapter shall provide proof satisfactory to the
3511 division that the applicant:
3512 [
3513 [
3514 university approved by the division at the time the degree was conferred with a major course of
3515 study in the sciences of food, dietetics, food systems management, or an equivalent major
3516 course of study;
3517 [
3518 post-baccalaureate experience in a dietetic program under the supervision of a certified
3519 dietitian who is certified under this chapter or certified, registered, or licensed under the laws of
3520 another state or territory of the United States;
3521 [
3522 the direction of the board in collaboration with the division; and
3523 [
3524 The fee assessed by the Department of Commerce shall be fair and reasonable and shall reflect
3525 the cost of services provided.
3526 Section 60. Section 58-49-5 is amended to read:
3527 58-49-5. Certification of persons currently qualified.
3528 The requirements of Subsections [
3529 waived and a certificate shall be issued by the division upon application and payment of the
3530 appropriate fees by any person who, [
3531 division proof that on May 1, 1985, [
3532 Commission on Dietetic Registration.
3533 Section 61. Section 58-49-9 is amended to read:
3534 58-49-9. Use of titles by uncertified person.
3535 No person, without first being certified under this chapter may:
3536 (1) assume or use the title or designation "dietitian," [
3537 "registered dietitian," "registered dietitian nutritionist," the letters "C.D.," the letter "D.," or any
3538 other title, words, letters, abbreviations, or insignia indicating or implying that the person is a
3539 certified dietitian, including by using any of the preceding terms with the alternative spelling
3540 "dietician"; or
3541 (2) represent in any way, whether orally, in writing, in print, or by signature, directly or
3542 by implication, that [
3543 Section 62. Section 58-53-502 is amended to read:
3544 58-53-502. Citations -- Penalty for unlawful conduct.
3545 (1) (a) If upon inspection or investigation, the division concludes that a person has
3546 violated Subsections 58-1-501(1)(a) through (d), Section 58-53-501, or Section 58-53-603 or
3547 any rule or order issued with respect to Section 58-53-501, and that disciplinary action is
3548 appropriate, the director or the director's designee from within the division for each alternative
3549 respectively, shall promptly issue a citation to the person according to this chapter and any
3550 pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to appear
3551 before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
3552 Procedures Act.
3553 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-53-501
3554 or any rule or order issued with respect to Section 58-53-501, as evidenced by an uncontested
3555 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
3556 be assessed a fine pursuant to Subsection (1)(i) and may, in addition to or in lieu of, be ordered
3557 to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-53-501
3558 or any rule or order issued with respect to Section 58-53-501.
3559 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
3560 58-53-401 may not be assessed through a citation.
3561 (b) A citation shall:
3562 (i) be in writing;
3563 (ii) describe with particularity the nature of the violation, including a reference to the
3564 provision of the chapter, rule, or order alleged to have been violated;
3565 (iii) clearly state that the recipient must notify the division in writing within 20
3566 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
3567 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
3568 (iv) clearly explain the consequences of failure to timely contest the citation or to make
3569 payment of any fines assessed by the citation within the time specified in the citation.
3570 (c) The division may issue a notice in lieu of a citation.
3571 (d) Each citation issued under this section, or a copy of each citation, may be served
3572 upon any person whom a summons may be served in accordance with the Utah Rules of Civil
3573 Procedure and may be made personally or upon the person's agent by a division investigator or
3574 by any person specially designated by the director or by mail.
3575 (e) If within 20 calendar days from the service of the citation, the person to whom the
3576 citation was issued fails to request a hearing to contest the citation, the citation becomes the
3577 final order of the division and is not subject to further agency review. The period to contest a
3578 citation may be extended by the division for cause.
3579 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
3580 the license of a licensee who fails to comply with a citation after it becomes final.
3581 (g) The failure of an applicant for licensure to comply with a citation after it becomes
3582 final is a ground for denial of license.
3583 (h) No citation may be issued under this section after the expiration of [
3584
3585 that is the subject of the citation is reported to the division.
3586 (i) The director or the director's designee shall assess fines according to the following:
3587 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
3588 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
3589 and
3590 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
3591 $2,000 for each day of continued offense.
3592 (2) An action initiated for a first or second offense which has not yet resulted in a final
3593 order of the division does not preclude initiation of any subsequent action for a second or
3594 subsequent offense during the pendency of any preceding action. The final order on a
3595 subsequent action shall be considered a second or subsequent offense, respectively, provided
3596 the preceding action resulted in a first or second offense, respectively.
3597 (3) (a) The director may collect a penalty that is not paid by:
3598 (i) referring the matter to a collection agency; or
3599 (ii) bringing an action in the district court of the county where the person against whom
3600 the penalty is imposed resides or in the county where the office of the director is located.
3601 (b) A county attorney or the attorney general of the state shall provide legal assistance
3602 and advice to the director in an action to collect a penalty.
3603 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3604 action brought by the division to collect a penalty.
3605 Section 63. Section 58-54-302 is amended to read:
3606 58-54-302. Requirements for licensure.
3607 (1) Each applicant for licensure as a radiologic technologist, radiology assistant, or
3608 radiology practical technician shall:
3609 (a) submit an application in a form prescribed by the division in collaboration with the
3610 board; and
3611 (b) pay a fee as determined by the department pursuant to Section 63J-1-504[
3612 [
3613 (2) Each applicant for licensure as a radiologic technologist shall, in addition to the
3614 requirements of Subsection (1):
3615 (a) be a graduate of an accredited educational program in radiologic technology or
3616 certified by the American Registry of Radiologic Technologists or any equivalent educational
3617 program approved by the division in collaboration with the board; and
3618 (b) have passed an examination approved by the division in collaboration with the
3619 board.
3620 (3) Each applicant for licensure as a radiology practical technician shall, in addition to
3621 the requirements of Subsection (1), have passed a basic examination and one or more specialty
3622 examinations that are competency based, using a task analysis of the scope of practice of
3623 radiology practical technicians in the state. The basic examination and the specialty
3624 examination shall be approved by the division in collaboration with the board and the licensing
3625 board of the profession within which the radiology practical technician will be practicing.
3626 (4) The division shall provide for administration of the radiology practical technician
3627 examination not less than monthly at offices designated by the division and located:
3628 (a) in Salt Lake City; and
3629 (b) within each local health department jurisdictional area.
3630 (5) (a) Except as provided in Subsection (5)(b), each applicant for licensure as a
3631 radiologist assistant shall:
3632 (i) meet the requirements of Subsections (1) and (2);
3633 (ii) have a Bachelor of Science degree; and
3634 (iii) be certified as:
3635 (A) a radiologist assistant by the American Registry of Radiologic Technologists; or
3636 (B) a radiology practitioner assistant by the Certification Board of Radiology
3637 Practitioner Assistants.
3638 (b) An individual who meets the requirements of Subsections (5)(a)(i) and (iii), but not
3639 Subsection (5)(a)(ii), may be licensed as a radiologist assistant under this chapter until May 31,
3640 2013, at which time, the individual must have completed the Bachelor of Science degree in
3641 order to retain the license of radiologist assistant.
3642 Section 64. Section 58-55-103 is amended to read:
3643 58-55-103. Construction Services Commission created -- Functions --
3644 Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings
3645 -- Concurrence.
3646 (1) (a) There is created within the division the Construction Services Commission.
3647 (b) The commission shall:
3648 (i) with the concurrence of the director, make reasonable rules under Title 63G,
3649 Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which
3650 are consistent with this chapter including:
3651 (A) licensing of various licensees;
3652 (B) examination requirements and administration of the examinations, to include
3653 approving and establishing a passing score for applicant examinations;
3654 (C) standards of supervision for students or persons in training to become qualified to
3655 obtain a license in the trade they represent; and
3656 (D) standards of conduct for various licensees;
3657 (ii) approve or disapprove fees adopted by the division under Section 63J-1-504;
3658 (iii) except where the boards conduct them, conduct all administrative hearings not
3659 delegated to an administrative law judge relating to the licensing of any applicant;
3660 (iv) except as otherwise provided in Sections 38-11-207 and 58-55-503, with the
3661 concurrence of the director, impose sanctions against licensees and certificate holders with the
3662 same authority as the division under Section 58-1-401;
3663 (v) advise the director on the administration and enforcement of any matters affecting
3664 the division and the construction industry;
3665 (vi) advise the director on matters affecting the division budget;
3666 (vii) advise and assist trade associations in conducting construction trade seminars and
3667 industry education and promotion; and
3668 (viii) perform other duties as provided by this chapter.
3669 (2) (a) Initially the commission shall be comprised of the five members of the
3670 Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing
3671 Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
3672 (b) The terms of office of the commission members who are serving on the Contractors
3673 Licensing Board shall continue as they serve on the commission.
3674 (c) Beginning July 1, 2004, the commission shall be comprised of nine members
3675 appointed by the executive director with the approval of the governor from the following
3676 groups:
3677 (i) one member shall be a licensed general engineering contractor;
3678 (ii) one member shall be a licensed general building contractor;
3679 (iii) two members shall be licensed residential and small commercial contractors;
3680 (iv) three members shall be the three chair persons from the Plumbers Licensing Board,
3681 the Alarm System Security and Licensing Board, and the Electricians Licensing Board; and
3682 (v) two members shall be from the general public[
3683
3684
3685
3686 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
3687 members expire, the executive director with the approval of the governor shall appoint each
3688 new member or reappointed member to a four-year term ending June 30.
3689 (b) Notwithstanding the requirements of Subsection (3)(a), the executive director with
3690 the approval of the governor shall, at the time of appointment or reappointment, adjust the
3691 length of terms to stagger the terms of commission members so that approximately 1/2 of the
3692 commission members are appointed every two years.
3693 (c) A commission member may not serve more than two consecutive terms.
3694 (4) The commission shall elect annually one of its members as chair, for a term of one
3695 year.
3696 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
3697 appointed for the unexpired term.
3698 (6) A member may not receive compensation or benefits for the member's service, but
3699 may receive per diem and travel expenses in accordance with:
3700 (a) Section 63A-3-106;
3701 (b) Section 63A-3-107; and
3702 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3703 63A-3-107.
3704 (7) (a) The commission shall meet at least monthly unless the director determines
3705 otherwise.
3706 (b) The director may call additional meetings at the director's discretion, upon the
3707 request of the chair, or upon the written request of four or more commission members.
3708 (8) (a) Five members constitute a quorum for the transaction of business.
3709 (b) If a quorum is present when a vote is taken, the affirmative vote of commission
3710 members present is the act of the commission.
3711 (9) The commission shall comply with the procedures and requirements of Title 13,
3712 Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures
3713 Act, in all of its adjudicative proceedings.
3714 (10) (a) For purposes of this Subsection (10), "concurrence" means the entities given a
3715 concurring role must jointly agree for the action to be taken.
3716 (b) If a provision of this chapter requires concurrence between the director or division
3717 and the commission and no concurrence can be reached, the director or division has final
3718 authority.
3719 (c) When this chapter requires concurrence between the director or division and the
3720 commission:
3721 (i) the director or division shall report to and update the commission on a regular basis
3722 related to matters requiring concurrence; and
3723 (ii) the commission shall review the report submitted by the director or division under
3724 this Subsection (10)(c) and concur with the report, or:
3725 (A) provide a reason for not concurring with the report; and
3726 (B) provide recommendations to the director or division.
3727 Section 65. Section 58-55-106 is amended to read:
3728 58-55-106. Surcharge fee.
3729 (1) In addition to any other fees authorized by this chapter or by the division in
3730 accordance with Section 63J-1-504, the division shall require each applicant for an initial
3731 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
3732 surcharge fee.
3733 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
3734 used by the division to provide each licensee under this chapter with access to an electronic
3735 reference library that provides web-based access to national, state, and local building codes and
3736 standards.
3737 Section 66. Section 58-55-201 is amended to read:
3738 58-55-201. Boards created -- Duties.
3739 (1) There is created a Plumbers Licensing Board, an Alarm System Security and
3740 Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
3741 selected to provide representation as follows:
3742 (a) The Plumbers Licensing Board consists of [
3743 (i) [
3744 master or journeyman plumber, of whom at least one shall represent a union organization and
3745 at least one shall be selected having no union affiliation;
3746 (ii) [
3747 shall represent a union organization and at least one shall be selected having no union
3748 affiliation; and
3749 (iii) one member shall be from the public at large with no history of involvement in the
3750 construction trades.
3751 (b) (i) The Alarm System Security and Licensing Board consists of five members as
3752 follows:
3753 (A) three individuals who are officers or owners of a licensed alarm business;
3754 (B) one individual from among nominees of the Utah Peace Officers Association; and
3755 (C) one individual representing the general public.
3756 (ii) The Alarm System Security and Licensing Board shall designate one of its
3757 members on a permanent or rotating basis to:
3758 (A) assist the division in reviewing complaints concerning the unlawful or
3759 unprofessional conduct of a licensee; and
3760 (B) advise the division in its investigation of these complaints.
3761 (iii) A board member who has, under this Subsection (1)(b)(iii), reviewed a complaint
3762 or advised in its investigation is disqualified from participating with the board when the board
3763 serves as a presiding officer in an adjudicative proceeding concerning the complaint.
3764 (c) The Electricians Licensing Board consists of [
3765 (i) [
3766 master or journeyman electrician, of whom at least one shall represent a union organization and
3767 at least one shall be selected having no union affiliation;
3768 (ii) [
3769 shall represent a union organization and at least one shall be selected having no union
3770 affiliation; and
3771 (iii) one member shall be from the public at large with no history of involvement in the
3772 construction trades or union affiliation.
3773 (2) The duties, functions, and responsibilities of each board include the following:
3774 (a) recommending to the commission appropriate rules;
3775 (b) recommending to the commission policy and budgetary matters;
3776 (c) approving and establishing a passing score for applicant examinations;
3777 (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
3778 relicensure;
3779 (e) assisting the commission in establishing standards of supervision for students or
3780 persons in training to become qualified to obtain a license in the occupation or profession it
3781 represents; and
3782 (f) acting as presiding officer in conducting hearings associated with the adjudicative
3783 proceedings and in issuing recommended orders when so authorized by the commission.
3784 (3) The division in collaboration with the Plumbers Licensing Board and the
3785 Electricians Licensing Board shall provide a preliminary report on or before October 1, 2019,
3786 and a final written report on or before June 1, 2020, to the Business and Labor Interim
3787 Committee and the Occupational and Professional Licensure Review Committee that provides
3788 recommendations for consistent educational and training standards for plumber and electrician
3789 apprentice programs in the state, including recommendations for education and training
3790 provided by all providers, including institutions of higher education and technical colleges.
3791 Section 67. Section 58-55-302 is amended to read:
3792 58-55-302. Qualifications for licensure.
3793 (1) Each applicant for a license under this chapter shall:
3794 (a) submit an application prescribed by the division;
3795 (b) pay a fee as determined by the department under Section 63J-1-504;
3796 (c) meet the examination requirements established by this section and by rule by the
3797 commission with the concurrence of the director, which requirements include:
3798 (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
3799 contractor, no division-administered examination is required;
3800 (ii) for licensure as a general building contractor, general engineering contractor,
3801 residential and small commercial contractor, general plumbing contractor, residential plumbing
3802 contractor, general electrical contractor, or residential electrical contractor, the only required
3803 division-administered examination is a division-administered examination that covers
3804 information from the 25-hour course described in Subsection (1)(e)(iii), which course may
3805 have been previously completed as part of applying for any other license under this chapter,
3806 and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
3807 course described in Subsection (1)(e)(iv); and
3808 (iii) if required in Section 58-55-304, an individual qualifier must pass the required
3809 division-administered examination if the applicant is a business entity;
3810 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
3811 (e) if an applicant for a contractor's license:
3812 (i) produce satisfactory evidence of financial responsibility, except for a construction
3813 trades instructor for whom evidence of financial responsibility is not required;
3814 (ii) produce satisfactory evidence of:
3815 (A) except as provided in Subsection (2)(a), and except that no employment experience
3816 is required for licensure as a specialty contractor, two years full-time paid employment
3817 experience in the construction industry, which employment experience, unless more
3818 specifically described in this section, may be related to any contracting classification and does
3819 not have to include supervisory experience; and
3820 (B) knowledge of the principles of the conduct of business as a contractor, reasonably
3821 necessary for the protection of the public health, safety, and welfare;
3822 (iii) except as otherwise provided by rule by the commission with the concurrence of
3823 the director, complete a 25-hour course established by rule by the commission with the
3824 concurrence of the director, which is taught by an approved prelicensure course provider, and
3825 which course may include:
3826 (A) construction business practices;
3827 (B) bookkeeping fundamentals;
3828 (C) mechanics lien fundamentals;
3829 (D) other aspects of business and construction principles considered important by the
3830 commission with the concurrence of the director; and
3831 (E) for no additional fee, a provider-administered examination at the end of the
3832 25-hour course;
3833 (iv) complete a five-hour business and law course established by rule by the
3834 commission with the concurrence of the director, which is taught by an approved prelicensure
3835 course provider, if an applicant for licensure as a general building contractor, general
3836 engineering contractor, residential and small commercial contractor, general plumbing
3837 contractor, residential plumbing contractor, general electrical contractor, or residential
3838 electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
3839 completed before July 1, 2019, the applicant does not need to take the business and law course;
3840 (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
3841 license or a licensed master residential electrician if an applicant for a residential electrical
3842 contractor's license;
3843 (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
3844 a licensed master residential plumber if an applicant for a residential plumbing contractor's
3845 license; or
3846 (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
3847 experience as an elevator mechanic if an applicant for an elevator contractor's license; and
3848 (vi) when the applicant is an unincorporated entity, provide a list of the one or more
3849 individuals who hold an ownership interest in the applicant as of the day on which the
3850 application is filed that includes for each individual:
3851 (A) the individual's name, address, birth date, and social security number; and
3852 (B) whether the individual will engage in a construction trade; and
3853 (f) if an applicant for a construction trades instructor license, satisfy any additional
3854 requirements established by rule.
3855 (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
3856 building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
3857 evidence of two years full-time paid employment experience as a building inspector, which
3858 shall include at least one year full-time experience as a licensed combination inspector.
3859 (b) [
3860
3861 issues the license:
3862 (i) proof of workers' compensation insurance which covers employees of the applicant
3863 in accordance with applicable Utah law;
3864 (ii) proof of public liability insurance in coverage amounts and form established by rule
3865 except for a construction trades instructor for whom public liability insurance is not required;
3866 and
3867 (iii) proof of registration as required by applicable law with the:
3868 (A) Department of Commerce;
3869 (B) Division of Corporations and Commercial Code;
3870 (C) Unemployment Insurance Division in the Department of Workforce Services, for
3871 purposes of Title 35A, Chapter 4, Employment Security Act;
3872 (D) State Tax Commission; and
3873 (E) Internal Revenue Service.
3874 (3) In addition to the general requirements for each applicant in Subsection (1),
3875 applicants shall comply with the following requirements to be licensed in the following
3876 classifications:
3877 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
3878 (A) has been a licensed journeyman plumber for at least two years and had two years of
3879 supervisory experience as a licensed journeyman plumber in accordance with division rule;
3880 (B) has received at least an associate of applied science degree or similar degree
3881 following the completion of a course of study approved by the division and had one year of
3882 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
3883 (C) meets the qualifications for expedited licensure as established by rules made by the
3884 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3885 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3886 and skills to be a licensed master plumber.
3887 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
3888 least four years of practical experience as a licensed apprentice under the supervision of a
3889 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
3890 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
3891 master plumber license under this chapter, and satisfies the requirements of this Subsection
3892 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
3893 (iii) An individual holding a valid plumbing contractor's license or residential
3894 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
3895 2008:
3896 (A) considered to hold a current master plumber license under this chapter if licensed
3897 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
3898 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
3899 58-55-303; and
3900 (B) considered to hold a current residential master plumber license under this chapter if
3901 licensed as a residential plumbing contractor and a residential journeyman plumber, and
3902 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
3903 that license under Section 58-55-303.
3904 (b) A master residential plumber applicant shall produce satisfactory evidence that the
3905 applicant:
3906 (i) has been a licensed residential journeyman plumber for at least two years and had
3907 two years of supervisory experience as a licensed residential journeyman plumber in
3908 accordance with division rule; or
3909 (ii) meets the qualifications for expedited licensure as established by rules made by the
3910 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3911 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3912 and skills to be a licensed master residential plumber.
3913 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
3914 (i) successful completion of the equivalent of at least four years of full-time training
3915 and instruction as a licensed apprentice plumber under supervision of a licensed master
3916 plumber or journeyman plumber and in accordance with a planned program of training
3917 approved by the division;
3918 (ii) at least eight years of full-time experience approved by the division in collaboration
3919 with the Plumbers Licensing Board; or
3920 (iii) meeting the qualifications for expedited licensure as established by rules made by
3921 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3922 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3923 and skills to be a licensed journeyman plumber.
3924 (d) A residential journeyman plumber shall produce satisfactory evidence of:
3925 (i) completion of the equivalent of at least three years of full-time training and
3926 instruction as a licensed apprentice plumber under the supervision of a licensed residential
3927 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
3928 accordance with a planned program of training approved by the division;
3929 (ii) completion of at least six years of full-time experience in a maintenance or repair
3930 trade involving substantial plumbing work; or
3931 (iii) meeting the qualifications for expedited licensure as established by rules made by
3932 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3933 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3934 and skills to be a licensed residential journeyman plumber.
3935 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
3936 in accordance with the following:
3937 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
3938 under the immediate supervision of a licensed master plumber, licensed residential master
3939 plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
3940 (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
3941 apprentice plumber may work without supervision for a period not to exceed eight hours in any
3942 24-hour period; and
3943 (iii) rules made by the commission, with the concurrence of the director, in accordance
3944 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
3945 apprentices allowed under the immediate supervision of a licensed supervisor, including the
3946 ratio of apprentices in their fourth year of training or later that are allowed to be under the
3947 immediate supervision of a licensed supervisor.
3948 (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
3949 (i) is a graduate electrical engineer of an accredited college or university approved by
3950 the division and has one year of practical electrical experience as a licensed apprentice
3951 electrician;
3952 (ii) is a graduate of an electrical trade school, having received an associate of applied
3953 sciences degree following successful completion of a course of study approved by the division,
3954 and has two years of practical experience as a licensed journeyman electrician;
3955 (iii) has four years of practical experience as a journeyman electrician; or
3956 (iv) meets the qualifications for expedited licensure as established by rules made by the
3957 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3958 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3959 and skills to be a licensed master electrician.
3960 (g) A master residential electrician applicant shall produce satisfactory evidence that
3961 the applicant:
3962 (i) has at least two years of practical experience as a residential journeyman electrician;
3963 or
3964 (ii) meets the qualifications for expedited licensure as established by rules made by the
3965 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3966 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3967 and skills to be a master residential electrician.
3968 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
3969 applicant:
3970 (i) has successfully completed at least four years of full-time training and instruction as
3971 a licensed apprentice electrician under the supervision of a master electrician or journeyman
3972 electrician and in accordance with a planned training program approved by the division;
3973 (ii) has at least eight years of full-time experience approved by the division in
3974 collaboration with the Electricians Licensing Board; or
3975 (iii) meets the qualifications for expedited licensure as established by rules made by the
3976 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3977 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3978 and skills to be a licensed journeyman electrician.
3979 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
3980 that the applicant:
3981 (i) has successfully completed two years of training in an electrical training program
3982 approved by the division;
3983 (ii) has four years of practical experience in wiring, installing, and repairing electrical
3984 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
3985 journeyman, residential master, or residential journeyman electrician; or
3986 (iii) meets the qualifications for expedited licensure as established by rules made by the
3987 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3988 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3989 and skills to be a licensed residential journeyman electrician.
3990 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
3991 be in accordance with the following:
3992 (i) A licensed apprentice electrician shall be under the immediate supervision of a
3993 licensed master, journeyman, residential master, or residential journeyman electrician;
3994 (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
3995 apprentice electrician may work without supervision for a period not to exceed eight hours in
3996 any 24-hour period;
3997 (iii) rules made by the commission, with the concurrence of the director, in accordance
3998 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
3999 apprentices allowed under the immediate supervision of a licensed supervisor, including the
4000 ratio of apprentices in their fourth year of training or later that are allowed to be under the
4001 immediate supervision of a licensed supervisor; and
4002 (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
4003 residential project, or more if established by rules made by the commission, in concurrence
4004 with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4005 Act.
4006 (k) An alarm company applicant shall:
4007 (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
4008 the applicant who:
4009 (A) demonstrates 6,000 hours of experience in the alarm company business;
4010 (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
4011 company business or in a construction business; and
4012 (C) passes an examination component established by rule by the commission with the
4013 concurrence of the director;
4014 (ii) if a corporation, provide:
4015 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4016 of all corporate officers, directors, and those responsible management personnel employed
4017 within the state or having direct responsibility for managing operations of the applicant within
4018 the state; and
4019 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4020 of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
4021 shall not be required if the stock is publicly listed and traded;
4022 (iii) if a limited liability company, provide:
4023 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4024 of all company officers, and those responsible management personnel employed within the
4025 state or having direct responsibility for managing operations of the applicant within the state;
4026 and
4027 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4028 of all individuals owning 5% or more of the equity of the company;
4029 (iv) if a partnership, provide the names, addresses, dates of birth, social security
4030 numbers, and fingerprint cards of all general partners, and those responsible management
4031 personnel employed within the state or having direct responsibility for managing operations of
4032 the applicant within the state;
4033 (v) if a proprietorship, provide the names, addresses, dates of birth, social security
4034 numbers, and fingerprint cards of the proprietor, and those responsible management personnel
4035 employed within the state or having direct responsibility for managing operations of the
4036 applicant within the state;
4037 (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
4038 fingerprint cards of the trustee, and those responsible management personnel employed within
4039 the state or having direct responsibility for managing operations of the applicant within the
4040 state;
4041 (vii) be of good moral character in that officers, directors, shareholders described in
4042 Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
4043 have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
4044 crime that when considered with the duties and responsibilities of an alarm company is
4045 considered by the board to indicate that the best interests of the public are served by granting
4046 the applicant a license;
4047 (viii) document that none of the applicant's officers, directors, shareholders described
4048 in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
4049 personnel have been declared by any court of competent jurisdiction incompetent by reason of
4050 mental defect or disease and not been restored;
4051 (ix) document that none of the applicant's officers, directors, shareholders described in
4052 Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
4053 currently suffering from habitual drunkenness or from drug addiction or dependence;
4054 (x) file and maintain with the division evidence of:
4055 (A) comprehensive general liability insurance in form and in amounts to be established
4056 by rule by the commission with the concurrence of the director;
4057 (B) workers' compensation insurance that covers employees of the applicant in
4058 accordance with applicable Utah law; and
4059 (C) registration as is required by applicable law with the:
4060 (I) Division of Corporations and Commercial Code;
4061 (II) Unemployment Insurance Division in the Department of Workforce Services, for
4062 purposes of Title 35A, Chapter 4, Employment Security Act;
4063 (III) State Tax Commission; and
4064 (IV) Internal Revenue Service; and
4065 (xi) meet with the division and board.
4066 (l) Each applicant for licensure as an alarm company agent shall:
4067 (i) submit an application in a form prescribed by the division accompanied by
4068 fingerprint cards;
4069 (ii) pay a fee determined by the department under Section 63J-1-504;
4070 (iii) be of good moral character in that the applicant has not been convicted of a felony,
4071 a misdemeanor involving moral turpitude, or any other crime that when considered with the
4072 duties and responsibilities of an alarm company agent is considered by the board to indicate
4073 that the best interests of the public are served by granting the applicant a license;
4074 (iv) not have been declared by any court of competent jurisdiction incompetent by
4075 reason of mental defect or disease and not been restored;
4076 (v) not be currently suffering from habitual drunkenness or from drug addiction or
4077 dependence; and
4078 (vi) meet with the division and board if requested by the division or the board.
4079 (m) (i) Each applicant for licensure as an elevator mechanic shall:
4080 (A) provide documentation of experience and education credits of not less than three
4081 years work experience in the elevator industry, in construction, maintenance, or service and
4082 repair; and
4083 (B) satisfactorily complete a written examination administered by the division
4084 established by rule under Section 58-1-203; or
4085 (C) provide certificates of completion of an apprenticeship program for elevator
4086 mechanics, having standards substantially equal to those of this chapter and registered with the
4087 United States Department of Labor Bureau Apprenticeship and Training or a state
4088 apprenticeship council.
4089 (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
4090 elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
4091 repairing, or maintaining an elevator, the contractor may:
4092 (I) notify the division of the unavailability of licensed personnel; and
4093 (II) request the division issue a temporary elevator mechanic license to an individual
4094 certified by the contractor as having an acceptable combination of documented experience and
4095 education to perform the work described in this Subsection (3)(m)(ii)(A).
4096 (B) (I) The division may issue a temporary elevator mechanic license to an individual
4097 certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
4098 the appropriate fee as determined by the department under Section 63J-1-504.
4099 (II) The division shall specify the time period for which the license is valid and may
4100 renew the license for an additional time period upon its determination that a shortage of
4101 licensed elevator mechanics continues to exist.
4102 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4103 division may make rules establishing when Federal Bureau of Investigation records shall be
4104 checked for applicants as an alarm company or alarm company agent.
4105 (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
4106 (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
4107 Department of Public Safety with the division's request to:
4108 (a) conduct a search of records of the Department of Public Safety for criminal history
4109 information relating to each applicant for licensure as an alarm company or alarm company
4110 agent and each applicant's officers, directors, shareholders described in Subsection
4111 (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
4112 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
4113 requiring a check of records of the Federal Bureau of Investigation for criminal history
4114 information under this section.
4115 (6) The Department of Public Safety shall send to the division:
4116 (a) a written record of criminal history, or certification of no criminal history record, as
4117 contained in the records of the Department of Public Safety in a timely manner after receipt of
4118 a fingerprint card from the division and a request for review of Department of Public Safety
4119 records; and
4120 (b) the results of the Federal Bureau of Investigation review concerning an applicant in
4121 a timely manner after receipt of information from the Federal Bureau of Investigation.
4122 (7) (a) The division shall charge each applicant for licensure as an alarm company or
4123 alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
4124 performing the records reviews under this section.
4125 (b) The division shall pay the Department of Public Safety the costs of all records
4126 reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
4127 costs of records reviews under this section.
4128 (8) Information obtained by the division from the reviews of criminal history records of
4129 the Department of Public Safety and the Federal Bureau of Investigation shall be used or
4130 disseminated by the division only for the purpose of determining if an applicant for licensure as
4131 an alarm company or alarm company agent is qualified for licensure.
4132 (9) (a) An application for licensure under this chapter shall be denied if:
4133 (i) the applicant has had a previous license, which was issued under this chapter,
4134 suspended or revoked within two years before the date of the applicant's application;
4135 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
4136 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
4137 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
4138 status, performing similar functions, or directly or indirectly controlling the applicant has
4139 served in any similar capacity with any person or entity which has had a previous license,
4140 which was issued under this chapter, suspended or revoked within two years before the date of
4141 the applicant's application;
4142 (iii) (A) the applicant is an individual or sole proprietorship; and
4143 (B) any owner or agent acting as a qualifier has served in any capacity listed in
4144 Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
4145 this chapter, suspended or revoked within two years before the date of the applicant's
4146 application; or
4147 (iv) (A) the applicant includes an individual who was an owner, director, or officer of
4148 an unincorporated entity at the time the entity's license under this chapter was revoked; and
4149 (B) the application for licensure is filed within 60 months after the revocation of the
4150 unincorporated entity's license.
4151 (b) An application for licensure under this chapter shall be reviewed by the appropriate
4152 licensing board prior to approval if:
4153 (i) the applicant has had a previous license, which was issued under this chapter,
4154 suspended or revoked more than two years before the date of the applicant's application;
4155 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
4156 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
4157 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
4158 status, performing similar functions, or directly or indirectly controlling the applicant has
4159 served in any similar capacity with any person or entity which has had a previous license,
4160 which was issued under this chapter, suspended or revoked more than two years before the date
4161 of the applicant's application; or
4162 (iii) (A) the applicant is an individual or sole proprietorship; and
4163 (B) any owner or agent acting as a qualifier has served in any capacity listed in
4164 Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
4165 this chapter, suspended or revoked more than two years before the date of the applicant's
4166 application.
4167 (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
4168 report with the division every 30 days after the day on which the license is issued if the licensee
4169 has more than five owners who are individuals who:
4170 (A) own an interest in the contractor that is an unincorporated entity;
4171 (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
4172 division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
4173 unincorporated entity; and
4174 (C) engage, or will engage, in a construction trade in the state as owners of the
4175 contractor described in Subsection (10)(a)(i)(A).
4176 (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
4177 licensee shall provide the ownership status report with an application for renewal of licensure.
4178 (b) An ownership status report required under this Subsection (10) shall:
4179 (i) specify each addition or deletion of an owner:
4180 (A) for the first ownership status report, after the day on which the unincorporated
4181 entity is licensed under this chapter; and
4182 (B) for a subsequent ownership status report, after the day on which the previous
4183 ownership status report is filed;
4184 (ii) be in a format prescribed by the division that includes for each owner, regardless of
4185 the owner's percentage ownership in the unincorporated entity, the information described in
4186 Subsection(1)(e)(vi);
4187 (iii) list the name of:
4188 (A) each officer or manager of the unincorporated entity; and
4189 (B) each other individual involved in the operation, supervision, or management of the
4190 unincorporated entity; and
4191 (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
4192 if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
4193 (c) The division may, at any time, audit an ownership status report under this
4194 Subsection (10):
4195 (i) to determine if financial responsibility has been demonstrated or maintained as
4196 required under Section 58-55-306; and
4197 (ii) to determine compliance with Subsection 58-55-501(23), (24), [
4198 (26) or Subsection 58-55-502(8) or (9).
4199 (11) (a) An unincorporated entity that provides labor to an entity licensed under this
4200 chapter by providing an individual who owns an interest in the unincorporated entity to engage
4201 in a construction trade in Utah shall file with the division:
4202 (i) before the individual who owns an interest in the unincorporated entity engages in a
4203 construction trade in Utah, a current list of the one or more individuals who hold an ownership
4204 interest in the unincorporated entity that includes for each individual:
4205 (A) the individual's name, address, birth date, and social security number; and
4206 (B) whether the individual will engage in a construction trade; and
4207 (ii) every 30 days after the day on which the unincorporated entity provides the list
4208 described in Subsection (11)(a)(i), an ownership status report containing the information that
4209 would be required under Subsection (10) if the unincorporated entity were a licensed
4210 contractor.
4211 (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
4212 status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
4213 the division in accordance with Section 63J-1-504.
4214 (12) This chapter may not be interpreted to create or support an express or implied
4215 independent contractor relationship between an unincorporated entity described in Subsection
4216 (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
4217 withholding.
4218 (13) A social security number provided under Subsection (1)(e)(vi) is a private record
4219 under Subsection 63G-2-302(1)(i).
4220 Section 68. Section 58-55-305 is amended to read:
4221 58-55-305. Exemptions from licensure.
4222 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4223 persons may engage in acts or practices included within the practice of construction trades,
4224 subject to the stated circumstances and limitations, without being licensed under this chapter:
4225 (a) an authorized representative of the United States government or an authorized
4226 employee of the state or any of its political subdivisions when working on construction work of
4227 the state or the subdivision, and when acting within the terms of the person's trust, office, or
4228 employment;
4229 (b) a person engaged in construction or operation incidental to the construction and
4230 repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
4231 districts, and drainage districts or construction and repair relating to farming, dairying,
4232 agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
4233 excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
4234 sites, and lumbering;
4235 (c) public utilities operating under the rules of the Public Service Commission on work
4236 incidental to their own business;
4237 (d) a sole [
4238 (i) no more than one residential structure per year on the sole owner's property and no
4239 more than three residential structures per five years on [
4240 [
4241 other than the property owner or [
4242 engages in building [
4243 person is otherwise required to be licensed under this chapter; or
4244 (ii) structures on [
4245 noncommercial, nonpublic use [
4246 property, including [
4247 (e) (i) a person engaged in construction or renovation of a residential building for
4248 noncommercial, nonpublic use if that person:
4249 (A) works without compensation other than token compensation that is not considered
4250 salary or wages; and
4251 (B) works under the direction of the property owner who engages in building the
4252 structure; and
4253 (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
4254 by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
4255 exempted from licensure under this Subsection (1)(e), that is:
4256 (A) minimal in value when compared with the fair market value of the services
4257 provided by the person;
4258 (B) not related to the fair market value of the services provided by the person; and
4259 (C) is incidental to the providing of services by the person including paying for or
4260 providing meals or refreshment while services are being provided, or paying reasonable
4261 transportation costs incurred by the person in travel to the site of construction;
4262 (f) a person engaged in the sale or merchandising of personal property that by its design
4263 or manufacture may be attached, installed, or otherwise affixed to real property who has
4264 contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
4265 attach that property;
4266 (g) a contractor submitting a bid on a federal aid highway project, if, before
4267 undertaking construction under that bid, the contractor is licensed under this chapter;
4268 (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
4269 person engaged in the alteration, repair, remodeling, or addition to or improvement of a
4270 building with a contracted or agreed value of less than $3,000, including both labor and
4271 materials, and including all changes or additions to the contracted or agreed upon work; and
4272 (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
4273 section:
4274 (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
4275 any six month period of time:
4276 (I) must be performed by a licensed electrical or plumbing contractor, if the project
4277 involves an electrical or plumbing system; and
4278 (II) may be performed by a licensed journeyman electrician or plumber or an individual
4279 referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
4280 such as a faucet, toilet, fixture, device, outlet, or electrical switch;
4281 (B) installation, repair, or replacement of a residential or commercial gas appliance or a
4282 combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
4283 received certification under Subsection 58-55-308(2) except as otherwise provided in
4284 Subsection 58-55-308(2)(d) or 58-55-308(3);
4285 (C) installation, repair, or replacement of water-based fire protection systems on a
4286 Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
4287 contractor or a licensed journeyman plumber;
4288 (D) work as an alarm business or company or as an alarm company agent shall be
4289 performed by a licensed alarm business or company or a licensed alarm company agent, except
4290 as otherwise provided in this chapter;
4291 (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
4292 project must be performed by a licensed alarm business or company or a licensed alarm
4293 company agent;
4294 (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
4295 system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
4296 licensed by the division;
4297 (G) installation, repair, or replacement of a radon mitigation system or a soil
4298 depressurization system must be performed by a licensed contractor; and
4299 (H) if the total value of the project is greater than $1,000, the person shall file with the
4300 division a one-time affirmation, subject to periodic reaffirmation as established by division
4301 rule, that the person has:
4302 (I) public liability insurance in coverage amounts and form established by division
4303 rule; and
4304 (II) if applicable, workers compensation insurance which would cover an employee of
4305 the person if that employee worked on the construction project;
4306 (i) a person practicing a specialty contractor classification or construction trade which
4307 the director does not classify by administrative rule as significantly impacting the public's
4308 health, safety, and welfare;
4309 (j) owners and lessees of property and persons regularly employed for wages by owners
4310 or lessees of property or their agents for the purpose of maintaining the property, are exempt
4311 from this chapter when doing work upon the property;
4312 (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
4313 division by rule, to the replacement or repair of a fixture or an appliance in a residential or
4314 small commercial building, or structure used for agricultural use, as defined in Section
4315 15A-1-202, provided that no modification is made to:
4316 (A) existing culinary water, soil, waste, or vent piping; or
4317 (B) a gas appliance or combustion system; and
4318 (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
4319 an appliance is not included in the exemption provided under Subsection (1)(k)(i);
4320 (l) a person who ordinarily would be subject to the plumber licensure requirements
4321 under this chapter when installing or repairing a water conditioner or other water treatment
4322 apparatus if the conditioner or apparatus:
4323 (i) meets the appropriate state construction codes or local plumbing standards; and
4324 (ii) is installed or repaired under the direction of a person authorized to do the work
4325 under an appropriate specialty contractor license;
4326 (m) a person who ordinarily would be subject to the electrician licensure requirements
4327 under this chapter when employed by:
4328 (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
4329 contractors or constructors, or street railway systems; or
4330 (ii) public service corporations, rural electrification associations, or municipal utilities
4331 who generate, distribute, or sell electrical energy for light, heat, or power;
4332 (n) a person involved in minor electrical work incidental to a mechanical or service
4333 installation, including the outdoor installation of an above-ground, prebuilt hot tub;
4334 (o) a person who ordinarily would be subject to the electrician licensure requirements
4335 under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
4336 contractor license for the electrical work associated with the installation, repair, or maintenance
4337 of solar energy panels, may continue the limited electrical work for solar energy panels under a
4338 specialty contractor license;
4339 (p) a student participating in construction trade education and training programs
4340 approved by the commission with the concurrence of the director under the condition that:
4341 (i) all work intended as a part of a finished product on which there would normally be
4342 an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
4343 building inspector; and
4344 (ii) a licensed contractor obtains the necessary building permits;
4345 (q) a delivery person when replacing any of the following existing equipment with a
4346 new gas appliance, provided there is an existing gas shutoff valve at the appliance:
4347 (i) gas range;
4348 (ii) gas dryer;
4349 (iii) outdoor gas barbeque; or
4350 (iv) outdoor gas patio heater;
4351 (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if
4352 the maintenance is not related to the operating integrity of the elevator; and
4353 (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
4354 working under the general direction of the licensed elevator mechanic.
4355 (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
4356 to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
4357 notify the division, in writing or through electronic transmission, of the issuance of the permit.
4358 Section 69. Section 58-55-308 is amended to read:
4359 58-55-308. Scope of practice -- Installation, repair, maintenance, or replacement
4360 of gas appliance, combustion system, or automatic fire sprinkler system -- Rules.
4361 (1) (a) The commission, with the concurrence of the director, may adopt reasonable
4362 rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and
4363 limit the scope of practice and operating standards of the classifications and subclassifications
4364 licensed under this chapter in a manner consistent with established practice in the relevant
4365 industry.
4366 (b) The commission and the director may limit the field and scope of operations of a
4367 licensee under this chapter in accordance with the rules and the public health, safety, and
4368 welfare, based on the licensee's education, training, experience, knowledge, and financial
4369 responsibility.
4370 (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection
4371 (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or
4372 commercial gas appliance or combustion system.
4373 (b) The provisions of this Subsection (2) apply to any:
4374 (i) licensee under this chapter whose license authorizes the licensee to perform the
4375 work described in Subsection (2)(a); and
4376 (ii) person exempt from licensure under Subsection 58-55-305[
4377 (c) Any person described in Subsection (2)(b) that performs work described in
4378 Subsection (2)(a):
4379 (i) must first receive training and certification as specified in rules adopted by the
4380 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
4381 Utah Administrative Rulemaking Act; and
4382 (ii) shall ensure that any employee authorized under other provisions of this chapter to
4383 perform work described in Subsection (2)(a) has first received training and certification as
4384 specified in rules adopted by the division.
4385 (d) The division may exempt from the training requirements adopted under Subsection
4386 (2)(c) a person that has adequate experience, as determined by the division.
4387 (3) The division may exempt the following individuals from the certification
4388 requirements adopted under Subsection (2)(c):
4389 (a) a person who has passed a test equivalent to the level of testing required by the
4390 division for certification, or has completed an apprenticeship program that teaches the
4391 installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship
4392 Training; and
4393 (b) a person working under the immediate one-to-one supervision of a certified natural
4394 gas technician or a person exempt from certification.
4395 (4) (a) The work and scope of practice covered by this Subsection (4) is the
4396 installation, repair, maintenance, or replacement of an automatic fire sprinkler system.
4397 (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for
4398 a business entity in accordance with Section 58-55-304, where the business entity seeks to
4399 perform the work described in Subsection (4)(a).
4400 (c) Before a business entity described in Subsection (4)(b) may perform the work
4401 described in Subsection (4)(a), the qualifier for the business entity shall:
4402 (i) be a licensed general building contractor; or
4403 (ii) obtain a certification in fire sprinkler fitting from the division by providing
4404 evidence to the division that the qualifier has met the following requirements:
4405 (A) completing a Department of Labor federally approved apprentice training program
4406 or completing two-years experience under the immediate supervision of a licensee who has
4407 obtained a certification in fire sprinkler fitting; and
4408 (B) passing the Star fire sprinklerfitting mastery examination offered by the National
4409 Inspection Testing and Certification Corporation or an equivalent examination approved by the
4410 division.
4411 (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a
4412 business entity who has received training and experience equivalent to the requirements of
4413 Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the
4414 director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4415 (5) This section does not prohibit a licensed specialty contractor from accepting and
4416 entering into a contract involving the use of two or more crafts or trades if the performance of
4417 the work in the crafts or trades, other than that in which the contractor is licensed, is incidental
4418 and supplemental to the work for which the contractor is licensed.
4419 Section 70. Section 58-55-401 is amended to read:
4420 58-55-401. Grounds for denial of license and disciplinary proceedings.
4421 (1) In accordance with Section 58-1-401, the division may:
4422 (a) refuse to issue a license to an applicant;
4423 (b) refuse to renew the license of a licensee;
4424 (c) revoke the right of a licensee to recover from the Residence Lien Recovery Fund
4425 created by Section 38-11-201;
4426 (d) revoke, suspend, restrict, or place on probation the license of a licensee;
4427 (e) issue a public or private reprimand to a licensee; and
4428 (f) issue a cease and desist order.
4429 (2) In addition to an action taken under Subsection (1), the division may take an action
4430 described in Subsection 58-1-401(2) in relation to a license as a contractor, if:
4431 (a) the applicant or licensee is an unincorporated entity; and
4432 (b) an individual who holds an ownership interest in or is the qualifier under Section
4433 58-55-304 of the applicant or licensee engages in:
4434 (i) unlawful conduct as described in Section 58-55-501; or
4435 (ii) unprofessional conduct as described in Section 58-55-502.
4436 Section 71. Section 58-55-501 is amended to read:
4437 58-55-501. Unlawful conduct.
4438 Unlawful conduct includes:
4439 (1) engaging in a construction trade, acting as a contractor, an alarm business or
4440 company, or an alarm company agent, or representing oneself to be engaged in a construction
4441 trade or to be acting as a contractor in a construction trade requiring licensure, unless the
4442 person doing any of these is appropriately licensed or exempted from licensure under this
4443 chapter;
4444 (2) acting in a construction trade, as an alarm business or company, or as an alarm
4445 company agent beyond the scope of the license held;
4446 (3) hiring or employing a person who is not licensed under this chapter to perform
4447 work on a project, unless the person:
4448 (a) is an employee of a person licensed under this chapter for wages; and
4449 (b) is not required to be licensed under this chapter;
4450 (4) applying for or obtaining a building permit either for oneself or another when not
4451 licensed or exempted from licensure as a contractor under this chapter;
4452 (5) issuing a building permit to any person for whom there is no evidence of a current
4453 license or exemption from licensure as a contractor under this chapter;
4454 (6) applying for or obtaining a building permit for the benefit of or on behalf of any
4455 other person who is required to be licensed under this chapter but who is not licensed or is
4456 otherwise not entitled to obtain or receive the benefit of the building permit;
4457 (7) failing to obtain a building permit when required by law or rule;
4458 (8) submitting a bid for any work for which a license is required under this chapter by a
4459 person not licensed or exempted from licensure as a contractor under this chapter;
4460 (9) willfully or deliberately misrepresenting or omitting a material fact in connection
4461 with an application to obtain or renew a license under this chapter;
4462 (10) allowing one's license to be used by another except as provided by statute or rule;
4463 (11) doing business under a name other than the name appearing on the license, except
4464 as permitted by statute or rule;
4465 (12) if licensed as a contractor in the electrical trade or plumbing trade, journeyman
4466 plumber, residential journeyman plumber, journeyman electrician, master electrician, or
4467 residential electrician, failing to directly supervise an apprentice under one's supervision or
4468 exceeding the number of apprentices one is allowed to have under the contractor's supervision;
4469 (13) if licensed as a contractor or representing oneself to be a contractor, receiving any
4470 funds in payment for a specific project from an owner or any other person, which funds are to
4471 pay for work performed or materials and services furnished for that specific project, and after
4472 receiving the funds to exercise unauthorized control over the funds by failing to pay the full
4473 amounts due and payable to persons who performed work or furnished materials or services
4474 within a reasonable period of time;
4475 (14) employing an unlicensed alarm business or company or an unlicensed individual
4476 as an alarm company agent, except as permitted under the exemption from licensure provisions
4477 under Section 58-1-307;
4478 (15) if licensed as an alarm company or alarm company agent, filing with the division
4479 fingerprint cards for an applicant which are not those of the applicant, or are in any other way
4480 false or fraudulent and intended to mislead the division in its consideration of the applicant for
4481 licensure;
4482 (16) if licensed under this chapter, willfully or deliberately disregarding or violating:
4483 (a) the building or construction laws of this state or any political subdivision;
4484 (b) the safety and labor laws applicable to a project;
4485 (c) any provision of the health laws applicable to a project;
4486 (d) the workers' compensation insurance laws of the state applicable to a project;
4487 (e) the laws governing withholdings for employee state and federal income taxes,
4488 unemployment taxes, Social Security payroll taxes, or other required withholdings; or
4489 (f) reporting, notification, and filing laws of this state or the federal government;
4490 [
4491
4492 [
4493 residences of up to two units when not currently registered or exempt from registration as a
4494 qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
4495 Fund Act;
4496 [
4497 include in a written contract the notification required in Section 38-11-108;
4498 [
4499 Section 38-1a-308;
4500 [
4501 education required under Section 58-55-302.5;
4502 [
4503 Section 58-55-312 to engage in conduct on behalf of the company outside the scope of the
4504 temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
4505 [
4506 engaging in conduct outside the scope of the temporary license, as provided in Subsection
4507 58-55-312(3)(a)(ii);
4508 [
4509 who owns an interest in the unincorporated entity engage in a construction trade in Utah while
4510 not lawfully present in the United States; or
4511 (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4512 providing an individual who owns an interest in the unincorporated entity to engage in a
4513 construction trade in Utah while not lawfully present in the United States;
4514 [
4515 who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or
4516 for an individual who engages, or will engage, in a construction trade in Utah for a separate
4517 entity for which the unincorporated entity provides the individual as labor:
4518 (a) workers' compensation coverage:
4519 (i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and
4520 Title 34A, Chapter 3, Utah Occupational Disease Act; or
4521 (ii) that would be required under the chapters listed in Subsection [
4522 the unincorporated entity were licensed under this chapter; and
4523 (b) unemployment compensation in accordance with Title 35A, Chapter 4,
4524 Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
4525 interest in the unincorporated entity, as defined by rule made by the division in accordance with
4526 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
4527 [
4528 advertising sign contractor, as classified and defined in division rules, to:
4529 (a) display the contractor's license number prominently on a vehicle that:
4530 (i) the contractor uses; and
4531 (ii) displays the contractor's business name; or
4532 (b) carry a copy of the contractor's license in any other vehicle that the contractor uses
4533 at a job site, whether or not the vehicle is owned by the contractor;
4534 [
4535 who owns an interest in the unincorporated entity engage in a construction trade in the state
4536 while the individual is using a Social Security number that does not belong to that individual;
4537 or
4538 (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4539 providing an individual, who owns an interest in the unincorporated entity, to engage in a
4540 construction trade in the state while the individual is using a Social Security number that does
4541 not belong to that individual;
4542 [
4543 subdivision, state agency, or board of education under Section 58-55-310; or
4544 [
4545 58-55-605.
4546 Section 72. Section 58-55-503 is amended to read:
4547 58-55-503. Penalty for unlawful conduct -- Citations.
4548 (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
4549 (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (21), (22), (23), (24), (25), (26), (27), or
4550 (28), [
4551 this section after it is final, is guilty of a class A misdemeanor.
4552 (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
4553 individual and does not include a sole proprietorship, joint venture, corporation, limited
4554 liability company, association, or organization of any type.
4555 (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
4556 awarded and may not accept a contract for the performance of the work.
4557 (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
4558 infraction unless the violator did so with the intent to deprive the person to whom money is to
4559 be paid of the money received, in which case the violator is guilty of theft, as classified in
4560 Section 76-6-412.
4561 (3) Grounds for immediate suspension of a licensee's license by the division and the
4562 commission include:
4563 (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
4564 58-55-501, or Subsection 58-55-504(2); and
4565 (b) the failure by a licensee to make application to, report to, or notify the division with
4566 respect to any matter for which application, notification, or reporting is required under this
4567 chapter or rules adopted under this chapter, including:
4568 (i) applying to the division for a new license to engage in a new specialty classification
4569 or to do business under a new form of organization or business structure;
4570 (ii) filing a current financial statement with the division; and
4571 (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
4572 (4) (a) If upon inspection or investigation, the division concludes that a person has
4573 violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4574 (10), (12), (14), [
4575 Subsection 58-55-504(2), or any rule or order issued with respect to these subsections, and that
4576 disciplinary action is appropriate, the director or the director's designee from within the
4577 division shall promptly issue a citation to the person according to this chapter and any pertinent
4578 rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
4579 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4580 (i) A person who is in violation of the provisions of Subsection 58-55-308(2),
4581 Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), [
4582 (25), (26), (27), or (28), [
4583 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
4584 be assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be
4585 ordered to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1),
4586 (2), (3), (9), (10), (12), [
4587 Subsection 58-55-504(2).
4588 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
4589 58-55-401 may not be assessed through a citation.
4590 (b) (i) A citation shall be in writing and describe with particularity the nature of the
4591 violation, including a reference to the provision of the chapter, rule, or order alleged to have
4592 been violated.
4593 (ii) A citation shall clearly state that the recipient must notify the division in writing
4594 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
4595 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4596 (iii) A citation shall clearly explain the consequences of failure to timely contest the
4597 citation or to make payment of any fines assessed by the citation within the time specified in
4598 the citation.
4599 (c) A citation issued under this section, or a copy of a citation, may be served upon a
4600 person upon whom a summons may be served:
4601 (i) in accordance with the Utah Rules of Civil Procedure;
4602 (ii) personally or upon the person's agent by a division investigator or by a person
4603 specially designated by the director; or
4604 (iii) by mail.
4605 (d) (i) If within 20 calendar days after the day on which a citation is served, the person
4606 to whom the citation was issued fails to request a hearing to contest the citation, the citation
4607 becomes the final order of the division and is not subject to further agency review.
4608 (ii) The period to contest a citation may be extended by the division for cause.
4609 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
4610 the license of a licensee who fails to comply with a citation after it becomes final.
4611 (f) The failure of an applicant for licensure to comply with a citation after it becomes
4612 final is a ground for denial of license.
4613 (g) A citation may not be issued under this section after the expiration of [
4614
4615 is the subject of the citation is reported to the division.
4616 (h) Except as provided in Subsection (5), the director or the director's designee shall
4617 assess a fine in accordance with the following:
4618 (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
4619 (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
4620 and
4621 (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
4622 $2,000 for each day of continued offense.
4623 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
4624 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
4625 (A) the division previously issued a final order determining that a person committed a
4626 first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
4627 (3), (9), (10), (12), (14), [
4628 58-55-504(2); or
4629 (B) (I) the division initiated an action for a first or second offense;
4630 (II) a final order has not been issued by the division in the action initiated under
4631 Subsection (4)(i)(i)(B)(I);
4632 (III) the division determines during an investigation that occurred after the initiation of
4633 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
4634 violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4635 (10), (12), (14), [
4636 58-55-504(2); and
4637 (IV) after determining that the person committed a second or subsequent offense under
4638 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
4639 Subsection (4)(i)(i)(B)(I).
4640 (ii) In issuing a final order for a second or subsequent offense under Subsection
4641 (4)(i)(i), the division shall comply with the requirements of this section.
4642 (j) In addition to any other licensure sanction or fine imposed under this section, the
4643 division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
4644 [
4645 Subsection 58-55-501[
4646 verified the federal legal working status of the individual who was the subject of the violation
4647 using a status verification system, as defined in Section 13-47-102.
4648 (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
4649 [
4650 (5) If a person violates Section 58-55-501, the division may not treat the violation as a
4651 subsequent violation of a previous violation if the violation occurs five years or more after the
4652 day on which the person committed the previous violation.
4653 (6) If, after an investigation, the division determines that a person has committed
4654 multiple of the same type of violation of Section 58-55-501, the division may treat each
4655 violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
4656 each violation.
4657 (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
4658 into the Commerce Service Account created by Section 13-1-2.
4659 (b) A penalty that is not paid may be collected by the director by either referring the
4660 matter to a collection agency or bringing an action in the district court of the county in which
4661 the person against whom the penalty is imposed resides or in the county where the office of the
4662 director is located.
4663 (c) A county attorney or the attorney general of the state shall provide legal assistance
4664 and advice to the director in an action to collect a penalty.
4665 (d) In an action brought to collect a penalty, the court shall award reasonable attorney
4666 fees and costs to the prevailing party.
4667 Section 73. Section 58-56-9.5 is amended to read:
4668 58-56-9.5. Penalty for unlawful conduct -- Citations.
4669 (1) A person who violates a provision of Section 58-56-9.1 or who fails to comply with
4670 a citation issued under this section after it is final is guilty of a class A misdemeanor.
4671 (2) Grounds for immediate suspension of a licensee's license by the division under this
4672 chapter include:
4673 (a) the issuance of a citation for violation of a provision of Section 58-56-9.1 or
4674 58-56-9.3; and
4675 (b) failure by a licensee to make application to, report to, or notify the division with
4676 respect to a matter for which application, notification, or reporting is required under this
4677 chapter or rules made under this chapter by the division.
4678 (3) (a) If upon inspection or investigation, the division concludes that a person has
4679 violated a provision of Section 58-56-9.1 or 58-56-9.3, or a rule or order issued with respect to
4680 that section, and that disciplinary action is appropriate, the director or the director's designee
4681 from within the division shall:
4682 (i) promptly issue a citation to the person according to this chapter and any pertinent
4683 rules;
4684 (ii) attempt to negotiate a stipulated settlement; or
4685 (iii) notify the person to appear before an adjudicative proceeding conducted under
4686 Title 63G, Chapter 4, Administrative Procedures Act.
4687 (b) (i) A person who violates a provision of Section 58-56-9.1 or 58-56-9.3, as
4688 evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an
4689 adjudicative proceeding, may be assessed a fine under this Subsection (3)(b) and may, in
4690 addition to or instead of the fine, be ordered by the division to cease from violating the
4691 provision.
4692 (ii) Except as otherwise provided in Subsection (2)(a), the division may not assess
4693 licensure sanctions referred to in Subsection 58-56-9(1)(c) through a citation.
4694 (c) (i) Each citation shall be in writing and describe with particularity the nature of the
4695 violation, including a reference to the provision of the chapter, rule, or order alleged to have
4696 been violated.
4697 (ii) The citation shall clearly state that the recipient must notify the division in writing
4698 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
4699 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4700 (iii) The citation shall clearly explain the consequences of failure to timely contest the
4701 citation or to make payment of any fines assessed by the citation within the time specified in
4702 the citation.
4703 (d) Each citation issued under this section, or a copy of each citation, may be served
4704 upon any person upon whom a summons may be served:
4705 (i) in accordance with the Utah Rules of Civil Procedure;
4706 (ii) personally or upon the person's agent by a division investigator or by any person
4707 specially designated by the director; or
4708 (iii) by mail.
4709 (e) (i) If within 20 calendar days from the service of a citation, the person to whom the
4710 citation was issued fails to request a hearing to contest the citation, the citation becomes the
4711 final order of the division and is not subject to further agency review.
4712 (ii) The period to contest a citation may be extended by the division for cause.
4713 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
4714 the license of a licensee who fails to comply with a citation after it becomes final.
4715 (g) The failure of an applicant for licensure to comply with a citation after it becomes
4716 final is a ground for denial of a license.
4717 (h) No citation may be issued under this section after the expiration of [
4718
4719 that is the subject of the citation is reported to the division.
4720 (i) The director or the director's designee may assess fines for violations of Section
4721 58-56-9.1 or 58-56-9.3 as follows:
4722 (i) for a first offense determined under this Subsection (3), a fine of up to $1,000;
4723 (ii) for a second offense, a fine of up to $2,000; and
4724 (iii) for any subsequent offense, a fine of up to $2,000 for each day of continued
4725 offense.
4726 (j) For the purposes of issuing a final order under this section and assessing a fine
4727 under Subsection (3)(i), an offense constitutes a second or subsequent offense if:
4728 (i) the division previously issued a final order determining that a person committed a
4729 first or second offense in violation of a provision of Section 58-56-9.1; or
4730 (ii) (A) the division initiated an action for a first or second offense;
4731 (B) no final order has been issued by the division in the action initiated under
4732 Subsection (3)(j)(ii)(A);
4733 (C) the division determines during an investigation that occurred after the initiation of
4734 the action under Subsection (3)(j)(ii)(A) that the person committed a second or subsequent
4735 violation of a provision of Section 58-56-9.1; and
4736 (D) after determining that the person committed a second or subsequent offense under
4737 Subsection (3)(j)(ii)(C), the division issues a final order on the action initiated under
4738 Subsection (3)(j)(ii)(A).
4739 (k) In issuing a final order for a second or subsequent offense under Subsection (3)(j),
4740 the division shall comply with the requirements of this section.
4741 (4) (a) Proceeds from a fine imposed under Subsection (3)(i) shall be deposited in the
4742 Commerce Service Account created by Section 13-1-2.
4743 (b) The director may collect a fine that is not paid by:
4744 (i) referring the matter to a collection agency; or
4745 (ii) bringing an action in the district court of the county where the person against whom
4746 the penalty is imposed resides or in the county where the office of the director is located.
4747 (c) A county attorney or the attorney general of the state shall provide legal assistance
4748 and advice to the director in an action to collect a penalty.
4749 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
4750 action brought by the division to collect a penalty.
4751 Section 74. Section 58-57-4 is amended to read:
4752 58-57-4. Qualifications for a license.
4753 (1) The division shall issue a respiratory care practitioner license to an applicant who
4754 meets the requirements specified in this section.
4755 (2) An applicant seeking licensure as a respiratory care practitioner shall:
4756 (a) submit an application on a form prescribed by the division;
4757 (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
4758 [
4759 [
4760 division in collaboration with the board;
4761 [
4762 accredited by a nationally accredited organization acceptable to the division as defined by rule;
4763 and
4764 [
4765 Section 75. Section 58-60-109 is amended to read:
4766 58-60-109. Unlawful conduct.
4767 As used in this chapter, "unlawful conduct" includes:
4768 (1) practice of the following unless licensed in the appropriate classification or
4769 exempted from licensure under this title:
4770 (a) mental health therapy;
4771 (b) clinical social work;
4772 (c) certified social work;
4773 (d) marriage and family therapy;
4774 (e) clinical mental health counselor;
4775 (f) practice as a social service worker; or
4776 (g) substance use disorder counselor;
4777 (2) practice of mental health therapy by a licensed psychologist who has not acceptably
4778 documented to the division the licensed psychologist's completion of the supervised training in
4779 mental health therapy required under Subsection 58-61-304(1)[
4780 (3) representing oneself as, or using the title of, the following:
4781 (a) unless currently licensed in a license classification under this title:
4782 (i) psychiatrist;
4783 (ii) psychologist;
4784 (iii) registered psychiatric mental health nurse specialist;
4785 (iv) mental health therapist;
4786 (v) clinical social worker;
4787 (vi) certified social worker;
4788 (vii) marriage and family therapist;
4789 (viii) clinical mental health counselor;
4790 (ix) social service worker;
4791 (x) substance use disorder counselor;
4792 (xi) associate clinical mental health counselor; or
4793 (xii) associate marriage and family therapist; or
4794 (b) unless currently in possession of the credentials described in Subsection (4), social
4795 worker.
4796 (4) An individual may represent oneself as a, or use the title of, social worker if the
4797 individual possesses certified transcripts from an accredited institution of higher education,
4798 recognized by the division in collaboration with the Social Work Licensing Board, verifying
4799 satisfactory completion of an education and an earned degree as follows:
4800 (a) a bachelor's or master's degree in a social work program accredited by the Council
4801 on Social Work Education or by the Canadian Association of Schools of Social Work; or
4802 (b) a doctoral degree that contains a clinical social work concentration and practicum
4803 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4804 Administrative Rulemaking Act, that is consistent with Section 58-1-203.
4805 Section 76. Section 58-60-115 is amended to read:
4806 58-60-115. License by endorsement.
4807 The division shall issue a license by endorsement under this chapter to a person who:
4808 (1) submits an application on a form provided by the division;
4809 (2) pays a fee determined by the department under Section 63J-1-504;
4810 (3) provides documentation of current licensure in good standing in a state, district, or
4811 territory of the United States to practice in the profession for which licensure is being sought;
4812 (4) except as provided in Subsection (5), provides documentation that the person has
4813 engaged in the lawful practice of the profession for which licensure is sought for at least 4,000
4814 hours, of which 1,000 hours are in mental health therapy;
4815 (5) if applying for a license to practice as a licensed substance use disorder counselor,
4816 provides documentation that the person:
4817 (a) has engaged in the lawful practice of the profession for at least 4,000 hours; and
4818 (b) has passed an examination approved by the division, by rule, to establish
4819 proficiency in the profession;
4820 (6) has passed the profession specific jurisprudence examination if required of a new
4821 applicant; and
4822 (7) is of good [
4823 action pending or in effect against the applicant's license in any jurisdiction.
4824 Section 77. Section 58-60-117 is amended to read:
4825 58-60-117. Externship licenses.
4826 (1) The division shall issue a temporary license under Part 2, Social Worker Licensing
4827 Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
4828 Counselor Licensing Act, of this chapter to a person who:
4829 (a) submits an application for licensure under Part 2, Social Worker Licensing Act,
4830 Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
4831 Counselor Licensing Act;
4832 (b) pays a fee determined by the department under Section 63J-1-504;
4833 (c) holds an earned doctoral degree or master's degree in a discipline that is a
4834 prerequisite for practice as a mental health therapist;
4835 (d) has a deficiency, as defined by division rule, in course work;
4836 (e) provides mental health therapy as an employee of a public or private organization,
4837 which provides mental health therapy, while under the supervision of a person licensed under
4838 this chapter; and
4839 (f) [
4840 against the applicant in connection with the practice of mental health therapy, in any
4841 jurisdiction.
4842 (2) A temporary license issued under this section shall expire upon the earlier of:
4843 (a) issuance of the license applied for; or
4844 (b) unless the deadline is extended for good cause as determined by the division, three
4845 years from the date the temporary license was issued.
4846 (3) The temporary license issued under this section is an externship license.
4847 Section 78. Section 58-60-205 is amended to read:
4848 58-60-205. Qualifications for licensure or certification as a clinical social worker,
4849 certified social worker, and social service worker.
4850 (1) An applicant for licensure as a clinical social worker shall:
4851 (a) submit an application on a form provided by the division;
4852 (b) pay a fee determined by the department under Section 63J-1-504;
4853 [
4854 [
4855 recognized by the division in collaboration with the board verifying satisfactory completion of
4856 an education and an earned degree as follows:
4857 (i) a master's degree in a social work program accredited by the Council on Social
4858 Work Education or by the Canadian Association of Schools of Social Work; or
4859 (ii) a doctoral degree that contains a clinical social work concentration and practicum
4860 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4861 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
4862 [
4863 defined by division rule under Section 58-1-203:
4864 (i) in not less than two years;
4865 (ii) under the supervision of a supervisor approved by the division in collaboration with
4866 the board who is a:
4867 (A) clinical mental health counselor;
4868 (B) psychiatrist;
4869 (C) psychologist;
4870 (D) registered psychiatric mental health nurse practitioner;
4871 (E) marriage and family therapist; or
4872 (F) clinical social worker; and
4873 (iii) including a minimum of two hours of training in suicide prevention via a course
4874 that the division designates as approved;
4875 [
4876 training in mental health therapy obtained after completion of the education requirement in
4877 Subsection [
4878 in Subsection [
4879 100 of the hours were obtained under the direct supervision, as defined by rule, of a supervisor
4880 described in Subsection [
4881 [
4882 with a clinical practicum in content as defined by rule under Section 58-1-203; and
4883 [
4884 (2) An applicant for licensure as a certified social worker shall:
4885 (a) submit an application on a form provided by the division;
4886 (b) pay a fee determined by the department under Section 63J-1-504;
4887 [
4888 [
4889 recognized by the division in collaboration with the board verifying satisfactory completion of
4890 an education and an earned degree as follows:
4891 (i) a master's degree in a social work program accredited by the Council on Social
4892 Work Education or by the Canadian Association of Schools of Social Work; or
4893 (ii) a doctoral degree that contains a clinical social work concentration and practicum
4894 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4895 Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
4896 [
4897 (3) (a) An applicant for certification as a certified social worker intern shall meet the
4898 requirements of Subsections (2)(a), (b), [
4899 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
4900 examination required under Subsection [
4901 (c) A certified social worker intern may provide mental health therapy under the
4902 general supervision, as defined by rule, of a supervisor described in Subsection [
4903 (1)(d)(ii).
4904 (4) An applicant for licensure as a social service worker shall:
4905 (a) submit an application on a form provided by the division;
4906 (b) pay a fee determined by the department under Section 63J-1-504;
4907 [
4908 [
4909 recognized by the division in collaboration with the board verifying satisfactory completion of
4910 an education and an earned degree as follows:
4911 (i) a bachelor's degree in a social work program accredited by the Council on Social
4912 Work Education or by the Canadian Association of Schools of Social Work;
4913 (ii) a master's degree in a field approved by the division in collaboration with the
4914 board;
4915 (iii) a bachelor's degree in any field if the applicant:
4916 (A) has completed at least three semester hours, or the equivalent, in each of the
4917 following areas:
4918 (I) social welfare policy;
4919 (II) human growth and development; and
4920 (III) social work practice methods, as defined by rule; and
4921 (B) provides documentation that the applicant has completed at least 2,000 hours of
4922 qualifying experience under the supervision of a mental health therapist, which experience is
4923 approved by the division in collaboration with the board, and which is performed after
4924 completion of the requirements to obtain the bachelor's degree required under this Subsection
4925 (4); or
4926 (iv) successful completion of the first academic year of a Council on Social Work
4927 Education approved master's of social work curriculum and practicum; and
4928 [
4929 (5) The division shall ensure that the rules for an examination described under
4930 Subsections [
4931 complete the examination if requested by an applicant who is:
4932 (a) a foreign born legal resident of the United States for whom English is a second
4933 language; or
4934 (b) an enrolled member of a federally recognized Native American tribe.
4935 Section 79. Section 58-60-207 is amended to read:
4936 58-60-207. Scope of practice -- Limitations.
4937 (1) (a) A clinical social worker may engage in all acts and practices defined as the
4938 practice of clinical social work without supervision, in private and independent practice, or as
4939 an employee of another person, limited only by the licensee's education, training, and
4940 competence.
4941 (b) A clinical social worker may not supervise more than six individuals who are
4942 lawfully engaged in training for the practice of mental health therapy, unless granted an
4943 exception in writing from the division in collaboration with the board.
4944 (2) To the extent an individual is professionally prepared by the education and training
4945 track completed while earning a master's or doctor of social work degree, a licensed certified
4946 social worker may engage in all acts and practices defined as the practice of certified social
4947 work consistent with the licensee's education, clinical training, experience, and competence:
4948 (a) under supervision of an individual described in Subsection 58-60-205(1)[
4949 and as an employee of another person when engaged in the practice of mental health therapy;
4950 (b) without supervision and in private and independent practice or as an employee of
4951 another person, if not engaged in the practice of mental health therapy;
4952 (c) including engaging in the private, independent, unsupervised practice of social
4953 work as a self-employed individual, in partnership with other mental health therapists, as a
4954 professional corporation, or in any other capacity or business entity, so long as he does not
4955 practice unsupervised psychotherapy; and
4956 (d) supervising social service workers as provided by division rule.
4957 Section 80. Section 58-60-305 is amended to read:
4958 58-60-305. Qualifications for licensure.
4959 (1) All applicants for licensure as marriage and family therapists shall:
4960 (a) submit an application on a form provided by the division;
4961 (b) pay a fee determined by the department under Section 63J-1-504;
4962 [
4963 [
4964 degree in marriage and family therapy from:
4965 (i) a program accredited by the Commission on Accreditation for Marriage and Family
4966 Therapy Education; or
4967 (ii) an accredited institution meeting criteria for approval established by rule under
4968 Section 58-1-203;
4969 [
4970 training as defined by division rule under Section 58-1-203:
4971 (i) in not less than two years;
4972 (ii) under the supervision of a mental health therapist supervisor who meets the
4973 requirements of Section 58-60-307;
4974 (iii) obtained after completion of the education requirement in Subsection [
4975 (1)(c); and
4976 (iv) including a minimum of two hours of training in suicide prevention via a course
4977 that the division designates as approved;
4978 [
4979 training in mental health therapy obtained after completion of the education requirement
4980 described in Subsection [
4981 included as part of the 4,000 hours of training described in Subsection [
4982 which documented evidence demonstrates not less than 100 of the supervised hours were
4983 obtained during direct, personal supervision, as defined by rule, by a mental health therapist
4984 supervisor qualified under Section 58-60-307; and
4985 [
4986 58-1-203.
4987 (2) (a) All applicants for licensure as an associate marriage and family therapist shall
4988 comply with the provisions of Subsections [
4989 (b) An individual's license as an associate marriage and family therapist is limited to
4990 the period of time necessary to complete clinical training as described in Subsections [
4991
4992 requirement for training is completed, unless the individual presents satisfactory evidence to
4993 the division and the appropriate board that the individual is making reasonable progress toward
4994 passing of the qualifying examination for that profession or is otherwise on a course reasonably
4995 expected to lead to licensure, but the period of time under this Subsection (2)(b) may not
4996 exceed two years past the date the minimum supervised clinical training requirement has been
4997 completed.
4998 Section 81. Section 58-60-305.5 is amended to read:
4999 58-60-305.5. Qualification for licensure before May 1, 2000.
5000 (1) A person who was licensed under this chapter as of May 1, 2000, may apply for
5001 renewal of licensure without being required to fulfill the educational requirements described in
5002 Subsection 58-60-305(1)[
5003 (2) A person who seeks licensure under this chapter before July 1, 2002, need comply
5004 only with the licensure requirements in effect before May 1, 2000.
5005 Section 82. Section 58-60-308 is amended to read:
5006 58-60-308. Scope of practice -- Limitations.
5007 (1) A licensed marriage and family therapist may engage in all acts and practices
5008 defined as the practice of marriage and family therapy without supervision, in private and
5009 independent practice, or as an employee of another person, limited only by the licensee's
5010 education, training, and competence.
5011 (2) (a) To the extent an individual has completed the educational requirements of
5012 Subsection 58-60-305(1)[
5013 in all acts and practices defined as the practice of marriage and family therapy if the practice is:
5014 (i) within the scope of employment as a licensed associate marriage and family
5015 therapist with a public agency or a private clinic as defined by division rule; and
5016 (ii) under the supervision of a licensed mental health therapist who is qualified as a
5017 supervisor under Section 58-60-307.
5018 (b) A licensed associate marriage and family therapist may not engage in the
5019 independent practice of marriage and family therapy.
5020 Section 83. Section 58-60-405 is amended to read:
5021 58-60-405. Qualifications for licensure.
5022 (1) An applicant for licensure as a clinical mental health counselor shall:
5023 (a) submit an application on a form provided by the division;
5024 (b) pay a fee determined by the department under Section 63J-1-504;
5025 [
5026 [
5027 recognized by the division in collaboration with the board verifying satisfactory completion of:
5028 (i) an education and degree in an education program in counseling with a core
5029 curriculum defined by division rule under Section 58-1-203 preparing one to competently
5030 engage in mental health therapy; and
5031 (ii) an earned doctoral or master's degree resulting from that education program;
5032 [
5033 training as defined by division rule under Section 58-1-203:
5034 (i) in not less than two years;
5035 (ii) under the supervision of a clinical mental health counselor, psychiatrist,
5036 psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
5037 marriage and family therapist supervisor approved by the division in collaboration with the
5038 board;
5039 (iii) obtained after completion of the education requirement in Subsection (1)[
5040 and
5041 (iv) including a minimum of two hours of training in suicide prevention via a course
5042 that the division designates as approved;
5043 [
5044 training in mental health therapy obtained after completion of the education requirement in
5045 Subsection [
5046 in Subsection [
5047 100 of the hours were obtained under the direct supervision of a mental health therapist, as
5048 defined by rule; and
5049 [
5050 58-1-203.
5051 (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
5052 comply with the provisions of Subsections [
5053 (b) Except as provided under Subsection (2)(c), an individual's licensure as an
5054 associate clinical mental health counselor is limited to the period of time necessary to complete
5055 clinical training as described in Subsections [
5056 than one year from the date the minimum requirement for training is completed.
5057 (c) The time period under Subsection (2)(b) may be extended to a maximum of two
5058 years past the date the minimum supervised clinical training requirement has been completed,
5059 if the applicant presents satisfactory evidence to the division and the appropriate board that the
5060 individual is:
5061 (i) making reasonable progress toward passing of the qualifying examination for that
5062 profession; or
5063 (ii) otherwise on a course reasonably expected to lead to licensure.
5064 Section 84. Section 58-60-407 is amended to read:
5065 58-60-407. Scope of practice -- Limitations.
5066 (1) (a) A licensed clinical mental health counselor may engage in all acts and practices
5067 defined as the practice of clinical mental health counseling without supervision, in private and
5068 independent practice, or as an employee of another person, limited only by the licensee's
5069 education, training, and competence.
5070 (b) A licensed clinical mental health counselor may not supervise more than six
5071 individuals who are lawfully engaged in training for the practice of mental health therapy,
5072 unless granted an exception in writing from the division in collaboration with the board.
5073 (2) (a) To the extent an individual has completed the educational requirements of
5074 Subsection 58-60-305(1)[
5075 engage in all acts and practices defined as the practice of clinical mental health counseling if
5076 the practice is:
5077 (i) within the scope of employment as a licensed clinical mental health counselor with
5078 a public agency or private clinic as defined by division rule; and
5079 (ii) under supervision of a qualified licensed mental health therapist as defined in
5080 Section 58-60-102.
5081 (b) A licensed associate clinical mental health counselor may not engage in the
5082 independent practice of clinical mental health counseling.
5083 Section 85. Section 58-60-506 is amended to read:
5084 58-60-506. Qualifications for licensure.
5085 (1) An applicant for licensure under this part on and after July 1, 2012, must meet the
5086 following qualifications:
5087 (a) submit an application in a form prescribed by the division;
5088 (b) pay a fee determined by the department under Section 63J-1-504;
5089 [
5090 [
5091 and
5092 [
5093 certified advanced substance use disorder counselor intern, satisfy the examination requirement
5094 established by division rule under Section 58-1-203.
5095 (2) In accordance with division rules, an applicant for licensure as an advanced
5096 substance use disorder counselor shall produce:
5097 (a) certified transcripts from an accredited institution of higher education that:
5098 (i) meet division standards;
5099 (ii) verify the satisfactory completion of a baccalaureate or graduate degree; and
5100 (iii) verify the completion of prerequisite courses established by division rules;
5101 (b) documentation of the applicant's completion of a substance use disorder education
5102 program that includes:
5103 (i) at least 300 hours of substance use disorder related education, of which 200 hours
5104 may have been obtained while qualifying for a substance use disorder counselor license; and
5105 (ii) a supervised practicum of at least 350 hours, of which 200 hours may have been
5106 obtained while qualifying for a substance use disorder counselor license; and
5107 (c) documentation of the applicant's completion of at least 4,000 hours of supervised
5108 experience in substance use disorder treatment, of which 2,000 hours may have been obtained
5109 while qualifying for a substance use disorder counselor license, that:
5110 (i) meets division standards; and
5111 (ii) is performed within a four-year period after the applicant's completion of the
5112 substance use disorder education program described in Subsection (2)(b), unless, as determined
5113 by the division after consultation with the board, the time for performance is extended due to
5114 an extenuating circumstance.
5115 (3) An applicant for licensure as a certified advanced substance use disorder counselor
5116 shall meet the requirements in Subsections (2)(a) and (b).
5117 (4) (a) An applicant for licensure as a certified advanced substance use disorder
5118 counselor intern shall meet the requirements in Subsections (2)(a) and (b).
5119 (b) A certified advanced substance use disorder counselor intern license expires at the
5120 earlier of:
5121 (i) the licensee passing the examination required for licensure as a certified advanced
5122 substance use disorder counselor; or
5123 (ii) six months after the certified advanced substance use disorder counselor intern
5124 license is issued.
5125 (5) In accordance with division rules, an applicant for licensure as a substance use
5126 disorder counselor shall produce:
5127 (a) certified transcripts from an accredited institution that:
5128 (i) meet division standards;
5129 (ii) verify satisfactory completion of an associate's degree or equivalent as defined by
5130 the division in rule; and
5131 (iii) verify the completion of prerequisite courses established by division rules;
5132 (b) documentation of the applicant's completion of a substance use disorder education
5133 program that includes:
5134 (i) completion of at least 200 hours of substance use disorder related education;
5135 (ii) included in the 200 hours described in Subsection (5)(b)(i), a minimum of two
5136 hours of training in suicide prevention via a course that the division designates as approved;
5137 and
5138 (iii) completion of a supervised practicum of at least 200 hours; and
5139 (c) documentation of the applicant's completion of at least 2,000 hours of supervised
5140 experience in substance use disorder treatment that:
5141 (i) meets division standards; and
5142 (ii) is performed within a two-year period after the applicant's completion of the
5143 substance use disorder education program described in Subsection (5)(b), unless, as determined
5144 by the division after consultation with the board, the time for performance is extended due to
5145 an extenuating circumstance.
5146 (6) An applicant for licensure as a certified substance use disorder counselor shall meet
5147 the requirements of Subsections (5)(a) and (b).
5148 (7) (a) An applicant for licensure as a certified substance use disorder counselor intern
5149 shall meet the requirements of Subsections (5)(a) and (b).
5150 (b) A certified substance use disorder counselor intern license expires at the earlier of:
5151 (i) the licensee passing the examination required for licensure as a certified substance
5152 use disorder counselor; or
5153 (ii) six months after the certified substance use disorder counselor intern license is
5154 issued.
5155 Section 86. Section 58-61-304 is amended to read:
5156 58-61-304. Qualifications for licensure by examination or endorsement.
5157 (1) An applicant for licensure as a psychologist based upon education, clinical training,
5158 and examination shall:
5159 (a) submit an application on a form provided by the division;
5160 (b) pay a fee determined by the department under Section 63J-1-504;
5161 [
5162 [
5163 doctoral degree in psychology that includes specific core course work established by division
5164 rule under Section 58-1-203, from an institution of higher education whose doctoral program,
5165 at the time the applicant received the doctoral degree, met approval criteria established by
5166 division rule made in consultation with the board;
5167 [
5168 by division rule under Section 58-1-203 in not less than two years and under the supervision of
5169 a psychologist supervisor approved by the division in collaboration with the board;
5170 [
5171 completion of not less than 1,000 hours of supervised training in mental health therapy
5172 obtained after completion of a master's level of education in psychology, which training may be
5173 included as part of the 4,000 hours of training required in Subsection (1)[
5174 documented evidence demonstrates not less than one hour of supervision for each 40 hours of
5175 supervised training was obtained under the direct supervision of a psychologist, as defined by
5176 rule;
5177 [
5178 58-1-203; [
5179 (g) consent to a criminal background check in accordance with Section 58-61-304.1
5180 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
5181 Administrative Rulemaking Act; and
5182 (h) meet with the board, upon request for good cause, for the purpose of evaluating the
5183 applicant's qualifications for licensure.
5184 (2) An applicant for licensure as a psychologist by endorsement based upon licensure
5185 in another jurisdiction shall:
5186 (a) submit an application on a form provided by the division;
5187 (b) pay a fee determined by the department under Section 63J-1-504;
5188 (c) [
5189 disciplinary action pending or in effect against the applicant's psychologist license in any
5190 jurisdiction;
5191 (d) have passed the Utah Psychologist Law and Ethics Examination established by
5192 division rule;
5193 (e) provide satisfactory evidence the applicant is currently licensed in another state,
5194 district, or territory of the United States, or in any other jurisdiction approved by the division in
5195 collaboration with the board;
5196 (f) provide satisfactory evidence the applicant has actively practiced psychology in that
5197 jurisdiction for not less than 2,000 hours or one year, whichever is greater;
5198 (g) provide satisfactory evidence that:
5199 (i) the education, supervised experience, examination, and all other requirements for
5200 licensure in that jurisdiction at the time the applicant obtained licensure were substantially
5201 equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
5202 obtained licensure in the other jurisdiction; or
5203 (ii) the applicant is:
5204 (A) a current holder of Board Certified Specialist status in good standing from the
5205 American Board of Professional Psychology;
5206 (B) currently credentialed as a health service provider in psychology by the National
5207 Register of Health Service Providers in Psychology; or
5208 (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
5209 Association of State and Provincial Psychology Boards; [
5210 (h) consent to a criminal background check in accordance with Section 58-61-304.1
5211 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
5212 Administrative Rulemaking Act; and
5213 [
5214 evaluating the applicant's qualifications for licensure.
5215 (3) (a) An applicant for certification as a psychology resident shall comply with the
5216 provisions of Subsections (1)(a), (b), (c), [
5217 (b) (i) An individual's certification as a psychology resident is limited to the period of
5218 time necessary to complete clinical training as described in Subsections [
5219 and (e) and extends not more than one year from the date the minimum requirement for
5220 training is completed, unless the individual presents satisfactory evidence to the division and
5221 the Psychologist Licensing Board that the individual is making reasonable progress toward
5222 passing the qualifying examination or is otherwise on a course reasonably expected to lead to
5223 licensure as a psychologist.
5224 (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
5225 date the minimum supervised clinical training requirement has been completed.
5226 Section 87. Section 58-61-304.1 is enacted to read:
5227 58-61-304.1. Criminal background check.
5228 (1) An applicant for licensure under this chapter who requires a criminal background
5229 check shall:
5230 (a) submit fingerprint cards in a form acceptable to the division at the time the license
5231 application is filed; and
5232 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
5233 Identification and the Federal Bureau of Investigation regarding the application.
5234 (2) The division shall:
5235 (a) in addition to other fees authorized by this chapter, collect from each applicant
5236 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
5237 Identification is authorized to collect for the services provided under Section 53-10-108 and the
5238 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
5239 obtaining federal criminal history record information;
5240 (b) submit from each applicant the fingerprint card and the fees described in
5241 Subsection (2)(a) to the Bureau of Criminal Identification; and
5242 (c) obtain and retain in division records a signed waiver approved by the Bureau of
5243 Criminal Identification in accordance with Section 53-10-108 for each applicant.
5244 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
5245 Section 53-10-108:
5246 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
5247 and regional criminal records databases;
5248 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
5249 criminal history background check; and
5250 (c) provide the results from the state, regional, and nationwide criminal history
5251 background checks to the division.
5252 (4) The division may not disseminate outside of the division any criminal history
5253 record information that the division obtains from the Bureau of Criminal Identification or the
5254 Federal Bureau of Investigation under the criminal background check requirements of this
5255 section.
5256 Section 88. Section 58-61-501 is amended to read:
5257 58-61-501. Unlawful conduct.
5258 As used in this chapter, "unlawful conduct" includes:
5259 (1) practice of psychology unless licensed as a psychologist or certified psychology
5260 resident under this chapter or exempted from licensure under this title;
5261 (2) practice of mental health therapy by a licensed psychologist who has not acceptably
5262 documented to the division his completion of the supervised training in psychotherapy required
5263 under Subsection 58-61-304(1)[
5264 (3) representing oneself as or using the title of psychologist, or certified psychology
5265 resident unless currently licensed under this chapter.
5266 Section 89. Section 58-61-704 is amended to read:
5267 58-61-704. Term of license or registration.
5268 (1) (a) The division shall issue each license under this part with a two-year renewal
5269 cycle established by division rule.
5270 (b) The division may by rule extend or shorten a renewal cycle by as much as one year
5271 to stagger the renewal cycles it administers.
5272 (2) At the time of renewal, the licensed individual shall show satisfactory evidence of
5273 renewal requirements as required under this part.
5274 (3) Each license or registration expires on the expiration date shown on the license
5275 unless renewed by the licensed individual in accordance with Section 58-1-308.
5276 (4) (a) A registration as a registered behavior specialist or a registered assistant
5277 behavior specialist:
5278 (i) expires on the day the individual is no longer employed in accordance with
5279 Subsection [
5280 (ii) may not be renewed.
5281 (b) The Department of Human Services, or an organization contracted with a division
5282 of the Department of Human Services, shall notify the Division of Occupational and
5283 Professional Licensing when a person registered under this part is no longer employed as a
5284 registered behavior specialist or a registered assistant behavior specialist.
5285 Section 90. Section 58-61-705 is amended to read:
5286 58-61-705. Qualifications for licensure -- By examination -- By certification.
5287 (1) An applicant for licensure as a behavior analyst based upon education, supervised
5288 experience, and national examination shall:
5289 (a) submit an application on a form provided by the division;
5290 (b) pay a fee determined by the department under Section 63J-1-504;
5291 [
5292 [
5293 master's or doctoral degree in applied behavior analysis from an accredited institution of higher
5294 education or an equivalent master or doctorate degree as determined by the division by
5295 administrative rule;
5296 [
5297 1,500 hours of experiential behavior analysis training within a five year period of time with a
5298 qualified supervisor; and
5299 [
5300 58-1-203.
5301 (2) An applicant for licensure as a behavior analyst based upon certification shall:
5302 (a) without exception, on or before November 15, 2015, submit to the division an
5303 application on a form provided by the division;
5304 (b) pay a fee determined by the department under Section 63J-1-504; and
5305 [
5306 [
5307 behavior analyst from the Behavior Analyst Certification Board.
5308 (3) An applicant for licensure as an assistant behavior analyst based upon education,
5309 supervised experience, and national examination shall:
5310 (a) submit an application on a form provided by the division;
5311 (b) pay a fee determined by the department under Section 63J-1-504;
5312 [
5313 [
5314 bachelor's degree from an accredited institution of higher education and satisfactory completion
5315 of specific core course work in behavior analysis established under Section 58-1-203 from an
5316 accredited institution of higher education;
5317 [
5318 1,000 hours of experiential behavior analysis training within a five-year period of time with a
5319 qualified supervisor; and
5320 [
5321 58-1-203.
5322 (4) An applicant for licensure as an assistant behavior analyst based upon certification
5323 shall:
5324 (a) without exception, on or before November 15, 2015, submit to the division an
5325 application on a form provided by the division;
5326 (b) pay a fee determined by the department under Section 63J-1-504; and
5327 [
5328 [
5329 assistant behavior analyst from the Behavior Analyst Certification Board.
5330 (5) An applicant for registration as a behavior specialist based upon professional
5331 experience in behavior analysis shall:
5332 (a) without exception, on or before November 15, 2015, submit to the division, an
5333 application on a form provided by the division;
5334 (b) pay a fee determined by the department under Section 63J-1-504;
5335 [
5336 [
5337 of behavior analysis on or before May 15, 2015; and
5338 [
5339 within an organization contracted with a division of the Utah Department of Human Services to
5340 provide behavior analysis on or before July 1, 2015.
5341 (6) An applicant for registration as an assistant behavior specialist based upon
5342 professional experience in behavior analysis shall:
5343 (a) without exception, on or before November 15, 2015, submit to the division, an
5344 application on a form provided by the division;
5345 (b) pay a fee determined by the department under Section 63J-1-504;
5346 [
5347 [
5348 of behavior analysis prior to July 1, 2015; and
5349 [
5350 within an organization contracted with a division of the Utah Department of Human Services to
5351 provide behavior analysis on or before July 1, 2015.
5352 Section 91. Section 58-63-302 is amended to read:
5353 58-63-302. Qualifications for licensure.
5354 (1) Each applicant for licensure as an armored car company or a contract security
5355 company shall:
5356 (a) submit an application in a form prescribed by the division;
5357 (b) pay a fee determined by the department under Section 63J-1-504;
5358 (c) have a qualifying agent who:
5359 (i) shall meet with the division and the board and demonstrate that the applicant and
5360 the qualifying agent meet the requirements of this section;
5361 (ii) is a resident of the state and is a corporate officer or owner of the applicant;
5362 (iii) exercises material day-to-day authority in the conduct of the applicant's business
5363 by making substantive technical and administrative decisions and whose primary employment
5364 is with the applicant;
5365 (iv) is not concurrently acting as a qualifying agent or employee of another armored car
5366 company or contract security company and is not engaged in any other employment on a
5367 regular basis;
5368 (v) is not involved in any activity that would conflict with the qualifying agent's duties
5369 and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
5370 performance under this chapter does not jeopardize the health or safety of the general public;
5371 (vi) is not an employee of a government agency;
5372 (vii) passes an examination component established by rule by the division in
5373 collaboration with the board; and
5374 (viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
5375 supervisor, or administrator of an armored car company or a contract security company; or
5376 (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
5377 collaboration with the board with a federal, United States military, state, county, or municipal
5378 law enforcement agency;
5379 (d) if a corporation, provide:
5380 (i) the names, addresses, dates of birth, and social security numbers of all corporate
5381 officers, directors, and those responsible management personnel employed within the state or
5382 having direct responsibility for managing operations of the applicant within the state; and
5383 (ii) the names, addresses, dates of birth, and social security numbers, of all
5384 shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
5385 the division if the stock is publicly listed and traded;
5386 (e) if a limited liability company, provide:
5387 (i) the names, addresses, dates of birth, and social security numbers of all company
5388 officers, and those responsible management personnel employed within the state or having
5389 direct responsibility for managing operations of the applicant within the state; and
5390 (ii) the names, addresses, dates of birth, and social security numbers of all individuals
5391 owning 5% or more of the equity of the company;
5392 (f) if a partnership, provide the names, addresses, dates of birth, and social security
5393 numbers of all general partners, and those responsible management personnel employed within
5394 the state or having direct responsibility for managing operations of the applicant within the
5395 state;
5396 (g) if a proprietorship, provide the names, addresses, dates of birth, and social security
5397 numbers of the proprietor, and those responsible management personnel employed within the
5398 state or having direct responsibility for managing operations of the applicant within the state;
5399 (h) have good moral character in that officers, directors, shareholders described in
5400 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
5401 been convicted of:
5402 (i) a felony;
5403 (ii) a misdemeanor involving moral turpitude; or
5404 (iii) a crime that when considered with the duties and responsibilities of a contract
5405 security company or an armored car company by the division and the board indicates that the
5406 best interests of the public are not served by granting the applicant a license;
5407 (i) document that none of the applicant's officers, directors, shareholders described in
5408 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
5409 (i) have been declared by a court of competent jurisdiction incompetent by reason of
5410 mental defect or disease and not been restored; and
5411 (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
5412 (j) file and maintain with the division evidence of:
5413 (i) comprehensive general liability insurance in a form and in amounts established by
5414 rule by the division in collaboration with the board;
5415 (ii) workers' compensation insurance that covers employees of the applicant in
5416 accordance with applicable Utah law;
5417 (iii) registration with the Division of Corporations and Commercial Code; and
5418 (iv) registration as required by applicable law with the:
5419 (A) Unemployment Insurance Division in the Department of Workforce Services, for
5420 purposes of Title 35A, Chapter 4, Employment Security Act;
5421 (B) State Tax Commission; and
5422 (C) Internal Revenue Service; and
5423 (k) meet with the division and board if requested by the division or board.
5424 (2) Each applicant for licensure as an armed private security officer shall:
5425 (a) submit an application in a form prescribed by the division;
5426 (b) pay a fee determined by the department under Section 63J-1-504;
5427 (c) have good moral character in that the applicant has not been convicted of:
5428 (i) a felony;
5429 (ii) a misdemeanor involving moral turpitude; or
5430 (iii) a crime that when considered with the duties and responsibilities of an armed
5431 private security officer by the division and the board indicates that the best interests of the
5432 public are not served by granting the applicant a license;
5433 (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
5434 922(g);
5435 (e) not have been declared incompetent by a court of competent jurisdiction by reason
5436 of mental defect or disease and not been restored;
5437 (f) not be currently suffering from habitual drunkenness or from drug addiction or
5438 dependence;
5439 (g) successfully complete basic education and training requirements established by rule
5440 by the division in collaboration with the board, which shall include a minimum of eight hours
5441 of classroom or online curriculum;
5442 (h) successfully complete firearms training requirements established by rule by the
5443 division in collaboration with the board, which shall include a minimum of 12 hours of
5444 training;
5445 (i) pass the examination requirement established by rule by the division in
5446 collaboration with the board; and
5447 (j) meet with the division and board if requested by the division or the board.
5448 (3) Each applicant for licensure as an unarmed private security officer shall:
5449 (a) submit an application in a form prescribed by the division;
5450 (b) pay a fee determined by the department under Section 63J-1-504;
5451 (c) have good moral character in that the applicant has not been convicted of:
5452 (i) a felony;
5453 (ii) a misdemeanor involving moral turpitude; or
5454 (iii) a crime that when considered with the duties and responsibilities of an unarmed
5455 private security officer by the division and the board indicates that the best interests of the
5456 public are not served by granting the applicant a license;
5457 (d) not have been declared incompetent by a court of competent jurisdiction by reason
5458 of mental defect or disease and not been restored;
5459 (e) not be currently suffering from habitual drunkenness or from drug addiction or
5460 dependence;
5461 (f) successfully complete basic education and training requirements established by rule
5462 by the division in collaboration with the board, which shall include a minimum of eight hours
5463 of classroom or online curriculum;
5464 (g) pass the examination requirement established by rule by the division in
5465 collaboration with the board; and
5466 (h) meet with the division and board if requested by the division or board.
5467 (4) Each applicant for licensure as an armored car security officer shall:
5468 (a) submit an application in a form prescribed by the division;
5469 (b) pay a fee determined by the department under Section 63J-1-504;
5470 (c) have good moral character in that the applicant has not been convicted of:
5471 (i) a felony;
5472 (ii) a misdemeanor involving moral turpitude; or
5473 (iii) a crime that when considered with the duties and responsibilities of an armored car
5474 security officer by the division and the board indicates that the best interests of the public are
5475 not served by granting the applicant a license;
5476 (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
5477 922(g);
5478 (e) not have been declared incompetent by a court of competent jurisdiction by reason
5479 of mental defect or disease and not been restored;
5480 (f) not be currently suffering from habitual drunkenness or from drug addiction or
5481 dependence;
5482 (g) successfully complete basic education and training requirements established by rule
5483 by the division in collaboration with the board;
5484 (h) successfully complete firearms training requirements established by rule by the
5485 division in collaboration with the board;
5486 (i) pass the examination requirements established by rule by the division in
5487 collaboration with the board; and
5488 (j) meet with the division and board if requested by the division or the board.
5489 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5490 division may make a rule establishing when the division shall request a Federal Bureau of
5491 Investigation records' review for an applicant who is applying for licensure or licensure renewal
5492 under this chapter.
5493 (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
5494 (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
5495 cards to the Department of Public Safety with the division's request to:
5496 (a) conduct a search of records of the Department of Public Safety for criminal history
5497 information relating to each applicant for licensure under this chapter and each applicant's
5498 officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
5499 responsible management personnel; and
5500 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5501 requiring a check of records of the FBI for criminal history information under this section.
5502 (7) The Department of Public Safety shall send the division:
5503 (a) a written record of criminal history, or certification of no criminal history record, as
5504 contained in the records of the Department of Public Safety in a timely manner after receipt of
5505 a fingerprint card from the division and a request for review of Department of Public Safety
5506 records; and
5507 (b) the results of the FBI review concerning an applicant in a timely manner after
5508 receipt of information from the FBI.
5509 (8) (a) The division shall charge each applicant a fee, in accordance with Section
5510 63J-1-504, equal to the cost of performing the records reviews under this section.
5511 (b) The division shall pay the Department of Public Safety the costs of all records
5512 reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
5513 under this chapter.
5514 (9) The division shall use or disseminate the information it obtains from the reviews of
5515 criminal history records of the Department of Public Safety and the FBI only to determine if an
5516 applicant for licensure or licensure renewal under this chapter is qualified for licensure.
5517 Section 92. Section 58-63-306 is amended to read:
5518 58-63-306. Replacement of qualifying agent.
5519 If the qualifying agent of an armored car company or a contract security company
5520 ceases to perform the agent's duties on a regular basis, the licensee shall:
5521 (1) notify the division in writing within 15 days [
5522 (2) replace the qualifying agent within 60 days after the time required for notification
5523 to the division.
5524 Section 93. Section 58-63-503 is amended to read:
5525 58-63-503. Penalties.
5526 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
5527 conduct under Section 58-63-501 or who fails to comply with a citation issued under this
5528 section after it becomes final is guilty of a class A misdemeanor.
5529 (2) The division may immediately suspend a license issued under this chapter of a
5530 person who is given a citation for violating Subsection 58-63-501(1), (2), (4), or (5).
5531 (3) (a) If upon inspection or investigation, the division determines that a person has
5532 violated Subsection 58-63-501(1), (2), (4), or (5) or any rule made or order issued under those
5533 subsections, and that disciplinary action is warranted, the director or the director's designee
5534 within the division shall promptly issue a citation to the person and:
5535 (i) attempt to negotiate a stipulated settlement; or
5536 (ii) notify the person to appear for an adjudicative proceeding conducted under Title
5537 63G, Chapter 4, Administrative Procedures Act.
5538 (b) (i) The division may fine a person who violates Subsection 58-63-501(1), (2), (4),
5539 or (5), as evidenced by an uncontested citation, a stipulated settlement, or a finding of a
5540 violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order the person to
5541 cease and desist from the violation, or do both.
5542 (ii) Except for a cease and desist order, the division may not impose the licensure
5543 sanctions listed in Section 58-63-401 through the issuance of a citation under this section.
5544 (c) The written citation shall:
5545 (i) describe the nature of the violation, including a reference to the allegedly violated
5546 statute, rule, or order;
5547 (ii) state the recipient must notify the division in writing within 20 calendar days of
5548 issuance of the citation if the recipient wants to contest the citation at the adjudicative
5549 proceeding referred to in Subsection (3)(a)(ii); and
5550 (iii) explain the consequences of failure to timely contest the citation or to make
5551 payment of a fine assessed under the citation with the time specified in the citation.
5552 (d) (i) The division may serve a citation issued under this section, or a copy of the
5553 citation, upon an individual who is subject to service of a summons under the Utah Rules of
5554 Civil Procedure.
5555 (ii) (A) The division may serve the individual personally or serve the individual's
5556 agent.
5557 (B) The division may serve the summons by a division investigator, by a person
5558 designated by the director, or by mail.
5559 (e) (i) If within 20 days from the service of a citation the person to whom the citation
5560 was issued fails to request a hearing to contest the citation, the citation becomes the final order
5561 of the division and is not subject to further agency review.
5562 (ii) The division may grant an extension of the 20-day period for cause.
5563 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
5564 the license of a licensee who fails to comply with a citation after it becomes final.
5565 (g) The division may not issue a citation for an alleged violation under this section
5566 after the expiration of [
5567 following the date on which the violation that is the subject of the citation is reported to the
5568 division.
5569 (h) The director or the director's designee may assess fines under this section as
5570 follows:
5571 (i) for a first offense under Subsection (3)(a), a fine of up to $1,000;
5572 (ii) for a second offense under Subsection (3)(a), a fine of up to $2,000; and
5573 (iii) for a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each
5574 day of continued violation.
5575 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
5576 Subsection (3)(h), an offense is a second or subsequent offense if:
5577 (A) the division previously issued a final order determining that a person committed a
5578 first or second offense in violation of Subsection 58-63-501(1) or (4); or
5579 (B) (I) the division initiated an action for a first or second offense;
5580 (II) no final order has been issued by the division in an action initiated under
5581 Subsection (3)(i)(i)(B)(I);
5582 (III) the division determines during an investigation that occurred after the initiation of
5583 the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent
5584 violation of Subsection 58-63-501(1) or (4); and
5585 (IV) after determining that the person committed a second or subsequent offense under
5586 Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under
5587 Subsection (3)(i)(i)(B)(I).
5588 (ii) In issuing a final order for a second or subsequent offense under Subsection
5589 (3)(i)(i), the division shall comply with the requirements of this section.
5590 (4) (a) The division shall deposit a fine imposed by the director under Subsection (3)(h)
5591 in the General Fund as a dedicated credit for use by the division for the purposes listed in
5592 Section 58-63-103.
5593 (b) The director may collect a fine that is not paid by:
5594 (i) referring the matter to a collection agency; or
5595 (ii) bringing an action in the district court of the county where the person against whom
5596 the penalty is imposed resides or in the county where the office of the director is located.
5597 (c) A county attorney or the attorney general of the state shall provide legal assistance
5598 and advice to the director in an action to collect a penalty.
5599 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
5600 action brought by the division to collect a penalty.
5601 Section 94. Section 58-64-302 is amended to read:
5602 58-64-302. Qualifications for licensure.
5603 (1) Each applicant for licensure as a deception detection examiner:
5604 (a) shall submit an application in a form prescribed by the division;
5605 (b) shall pay a fee determined by the department under Section 63J-1-504;
5606 (c) [
5607 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [
5608 that when considered with the duties and responsibilities of a deception detection examiner is
5609 considered by the division and the board to indicate that the best interests of the public will not
5610 be served by granting the applicant a license;
5611 (d) may not have been declared by any court of competent jurisdiction incompetent by
5612 reason of mental defect or disease and not been restored;
5613 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5614 dependence;
5615 (f) shall have completed one of the following:
5616 (i) have earned a bachelor's degree from a four year university or college meeting
5617 standards established by the division by rule in collaboration with the board;
5618 (ii) have completed not less than 8,000 hours of investigation experience approved by
5619 the division in collaboration with the board; or
5620 (iii) have completed a combination of university or college education and investigation
5621 experience, as defined by rule by the division in collaboration with the board as being
5622 equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
5623 (g) shall have successfully completed a training program in detection deception
5624 meeting criteria established by rule by the division in collaboration with the board; and
5625 (h) shall have performed satisfactorily as a licensed deception detection intern for a
5626 period of not less than one year and shall have satisfactorily conducted not less than 100
5627 deception detection examinations under the supervision of a licensed deception detection
5628 examiner.
5629 (2) Each applicant for licensure as a deception detection intern:
5630 (a) shall submit an application in a form prescribed by the division;
5631 (b) shall pay a fee determined by the department under Section 63J-1-504;
5632 (c) [
5633 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [
5634 that when considered with the duties and responsibilities of a deception detection intern is
5635 considered by the division and the board to indicate that the best interests of the public will not
5636 be served by granting the applicant a license;
5637 (d) may not have been declared by any court of competent jurisdiction incompetent by
5638 reason of mental defect or disease and not been restored;
5639 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5640 dependence;
5641 (f) shall have completed one of the following:
5642 (i) have earned a bachelor's degree from a four year university or college meeting
5643 standards established by the division by rule in collaboration with the board;
5644 (ii) have completed not less than 8,000 hours of investigation experience approved by
5645 the division in collaboration with the board; or
5646 (iii) have completed a combination of university or college education and investigation
5647 experience, as defined by rule by the division in collaboration with the board as being
5648 equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
5649 (g) shall have successfully completed a training program in detection deception
5650 meeting criteria established by rule by the division in collaboration with the board; and
5651 (h) shall provide the division with an intern supervision agreement in a form prescribed
5652 by the division under which:
5653 (i) a licensed deception detection examiner agrees to supervise the intern; and
5654 (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
5655 (3) Each applicant for licensure as a deception detection examination administrator:
5656 (a) shall submit an application in a form prescribed by the division;
5657 (b) shall pay a fee determined by the department under Section 63J-1-504;
5658 (c) [
5659 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
5660 considered with the duties and responsibilities of a deception detection examination
5661 administrator is considered by the division and the board to indicate that the best interests of
5662 the public will not be served by granting the applicant a license;
5663 (d) may not have been declared by a court of competent jurisdiction incompetent by
5664 reason of mental defect or disease and not been restored;
5665 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5666 dependence;
5667 (f) shall have earned an associate degree from a state-accredited university or college or
5668 have an equivalent number of years' work experience; and
5669 (g) shall have successfully completed a training program and have obtained
5670 certification in deception detection examination administration provided by the manufacturer
5671 of a scientific or technology-based software application solution that is approved by the
5672 director.
5673 (4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
5674 (3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
5675 Department of Public Safety with the division's request to:
5676 (a) conduct a search of records of the Department of Public Safety for criminal history
5677 information relating to each applicant for licensure under this chapter; and
5678 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5679 requiring a check of records of the F.B.I. for criminal history information under this section.
5680 (5) The Department of Public Safety shall send to the division:
5681 (a) a written record of criminal history, or certification of no criminal history record, as
5682 contained in the records of the Department of Public Safety in a timely manner after receipt of
5683 a fingerprint card from the division and a request for review of Department of Public Safety
5684 records; and
5685 (b) the results of the F.B.I. review concerning an applicant in a timely manner after
5686 receipt of information from the F.B.I.
5687 (6) (a) The division shall charge each applicant a fee, in accordance with Section
5688 63J-1-504, equal to the cost of performing the records reviews under this section.
5689 (b) The division shall pay the Department of Public Safety the costs of all records
5690 reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
5691 under this chapter.
5692 (7) Information obtained by the division from the reviews of criminal history records of
5693 the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
5694 only for the purpose of determining if an applicant for licensure under this chapter is qualified
5695 for licensure.
5696 Section 95. Section 58-67-302 is amended to read:
5697 58-67-302. Qualifications for licensure.
5698 (1) An applicant for licensure as a physician and surgeon, except as set forth in
5699 Subsection (2), shall:
5700 (a) submit an application in a form prescribed by the division, which may include:
5701 (i) submissions by the applicant of information maintained by practitioner data banks,
5702 as designated by division rule, with respect to the applicant;
5703 (ii) a record of professional liability claims made against the applicant and settlements
5704 paid by or on behalf of the applicant; and
5705 (iii) authorization to use a record coordination and verification service approved by the
5706 division in collaboration with the board;
5707 (b) pay a fee determined by the department under Section 63J-1-504;
5708 [
5709 [
5710 Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
5711 background check in accordance with Section 58-67-302.1 and any requirements established by
5712 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5713 [
5714 program of professional education preparing an individual as a physician and surgeon, as
5715 evidenced by:
5716 (i) having received an earned degree of doctor of medicine from an LCME accredited
5717 medical school or college; or
5718 (ii) if the applicant graduated from a medical school or college located outside the
5719 United States or its territories, submitting a current certification by the Educational
5720 Commission for Foreign Medical Graduates or any successor organization approved by the
5721 division in collaboration with the board;
5722 [
5723 (i) has successfully completed 24 months of progressive resident training in a program
5724 approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
5725 Family Physicians of Canada, or any similar body in the United States or Canada approved by
5726 the division in collaboration with the board; or
5727 (ii) (A) has successfully completed 12 months of resident training in an ACGME
5728 approved program after receiving a degree of doctor of medicine as required under Subsection
5729 (1)[
5730 (B) has been accepted in and is successfully participating in progressive resident
5731 training in an ACGME approved program within Utah, in the applicant's second or third year
5732 of postgraduate training; and
5733 (C) has agreed to surrender to the division the applicant's license as a physician and
5734 surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
5735 and has agreed the applicant's license as a physician and surgeon will be automatically revoked
5736 by the division if the applicant fails to continue in good standing in an ACGME approved
5737 progressive resident training program within the state;
5738 [
5739 collaboration with the board;
5740 [
5741 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5742 [
5743 purpose of evaluating the applicant's qualifications for licensure;
5744 [
5745 (i) a contact person for access to medical records in accordance with the federal Health
5746 Insurance Portability and Accountability Act; and
5747 (ii) an alternate contact person for access to medical records, in the event the original
5748 contact person is unable or unwilling to serve as the contact person for access to medical
5749 records; and
5750 [
5751 contact person and alternate contact person, if the applicant will practice in a location with no
5752 other persons licensed under this chapter.
5753 (2) An applicant for licensure as a physician and surgeon by endorsement who is
5754 currently licensed to practice medicine in any state other than Utah, a district or territory of the
5755 United States, or Canada shall:
5756 (a) be currently licensed with a full unrestricted license in good standing in any state,
5757 district, or territory of the United States, or Canada;
5758 (b) have been actively engaged in the legal practice of medicine in any state, district, or
5759 territory of the United States, or Canada for not less than 6,000 hours during the five years
5760 immediately preceding the date of application for licensure in Utah;
5761 (c) comply with the requirements for licensure under Subsections (1)(a) through [
5762 (d), (1)[
5763 (d) have passed the licensing examination sequence required in Subsection [
5764 (1)(e) or another medical licensing examination sequence in another state, district or territory of
5765 the United States, or Canada that the division in collaboration with the board by rulemaking
5766 determines is equivalent to its own required examination;
5767 (e) not have any investigation or action pending against any health care license of the
5768 applicant, not have a health care license that was suspended or revoked in any state, district or
5769 territory of the United States, or Canada, and not have surrendered a health care license in lieu
5770 of a disciplinary action, unless:
5771 (i) the license was subsequently reinstated as a full unrestricted license in good
5772 standing; or
5773 (ii) the division in collaboration with the board determines to its satisfaction, after full
5774 disclosure by the applicant, that:
5775 (A) the conduct has been corrected, monitored, and resolved; or
5776 (B) a mitigating circumstance exists that prevents its resolution, and the division in
5777 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
5778 would be reinstated;
5779 (f) submit to a records review, a practice history review, and comprehensive
5780 assessments, if requested by the division in collaboration with the board; and
5781 (g) produce satisfactory evidence that the applicant meets the requirements of this
5782 Subsection (2) to the satisfaction of the division in collaboration with the board.
5783 (3) An applicant for licensure by endorsement may engage in the practice of medicine
5784 under a temporary license while the applicant's application for licensure is being processed by
5785 the division, provided:
5786 (a) the applicant submits a complete application required for temporary licensure to the
5787 division;
5788 (b) the applicant submits a written document to the division from:
5789 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
5790 Licensing and Inspection Act, stating that the applicant is practicing under the:
5791 (A) invitation of the health care facility; and
5792 (B) the general supervision of a physician practicing at the facility; or
5793 (ii) two individuals licensed under this chapter, whose license is in good standing and
5794 who practice in the same clinical location, both stating that:
5795 (A) the applicant is practicing under the invitation and general supervision of the
5796 individual; and
5797 (B) the applicant will practice at the same clinical location as the individual;
5798 (c) the applicant submits a signed certification to the division that the applicant meets
5799 the requirements of Subsection (2);
5800 (d) the applicant does not engage in the practice of medicine until the division has
5801 issued a temporary license;
5802 (e) the temporary license is only issued for and may not be extended or renewed
5803 beyond the duration of one year from issuance; and
5804 (f) the temporary license expires immediately and prior to the expiration of one year
5805 from issuance, upon notification from the division that the applicant's application for licensure
5806 by endorsement is denied.
5807 (4) The division shall issue a temporary license under Subsection (3) within 15
5808 business days after the applicant satisfies the requirements of Subsection (3).
5809 (5) The division may not require the following requirements for licensure:
5810 (a) a post-residency board certification; or
5811 (b) a cognitive test when the physician reaches a specified age, unless:
5812 (i) the screening is based on evidence of cognitive changes associated with aging that
5813 are relevant to physician performance;
5814 (ii) the screening is based on principles of medical ethics;
5815 (iii) physicians are involved in the development of standards for assessing competency;
5816 (iv) guidelines, procedures, and methods of assessment, which may include cognitive
5817 screening, are relevant to physician practice and to the physician's ability to perform the tasks
5818 specifically required in the physician's practice environment;
5819 (v) the primary driver for establishing assessment results is the ethical obligation of the
5820 profession to the health of the public and patient safety;
5821 (vi) the goal of the assessment is to optimize physician competency and performance
5822 through education, remediation, and modifications to a physician's practice environment or
5823 scope;
5824 (vii) a credentialing committee determines that public health or patient safety is
5825 directly threatened, the screening permits a physician to retain the right to modify the
5826 physician's practice environment to allow the physician to continue to provide safe and
5827 effective care;
5828 (viii) guidelines, procedures, and methods of assessment are transparent to physicians
5829 and physicians' representatives, if requested by a physician or a physician's representative, and
5830 physicians are made aware of the specific methods used, performance expectations and
5831 standards against which performance will be judged, and the possible outcomes of the
5832 screening or assessment;
5833 (ix) education or remediation practices that result from screening or assessment
5834 procedures are:
5835 (A) supportive of physician wellness;
5836 (B) ongoing; and
5837 (C) proactive; and
5838 (x) procedures and screening mechanisms that are distinctly different from for cause
5839 assessments do not result in undue cost or burden to senior physicians providing patient care.
5840 Section 96. Section 58-67-302.5 is amended to read:
5841 58-67-302.5. Licensing of graduates of foreign medical schools.
5842 (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
5843 in a medical school outside the United States, its territories, the District of Columbia, or
5844 Canada is eligible for licensure as a physician and surgeon in this state if the individual has
5845 satisfied the following requirements:
5846 (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
5847 58-67-302(1)[
5848 (b) has studied medicine in a medical school located outside the United States which is
5849 recognized by an organization approved by the division;
5850 (c) has completed all of the formal requirements of the foreign medical school except
5851 internship or social service;
5852 (d) has attained a passing score on the educational commission for foreign medical
5853 graduates examination or other qualifying examinations such as the United States Medical
5854 Licensing Exam parts I and II, which are approved by the division or a medical school
5855 approved by the division;
5856 (e) has satisfactorily completed one calendar year of supervised clinical training under
5857 the direction of a United States medical education setting accredited by the liaison committee
5858 for graduate medical education and approved by the division;
5859 (f) has completed the postgraduate hospital training required by Subsection
5860 58-67-302(1)[
5861 (g) has passed the examination required by the division of all applicants for licensure.
5862 (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
5863 (a) the completion of any foreign internship or social service requirements; and
5864 (b) the certification required by Subsection 58-67-302(1)[
5865 (3) Individuals who satisfy the requirements of Subsections (1)(a) through (g) shall be
5866 eligible for admission to graduate medical education programs within the state, including
5867 internships and residencies, which are accredited by the liaison committee for graduate medical
5868 education.
5869 (4) A document issued by a medical school located outside the United States shall be
5870 considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
5871 physician and surgeon in this state if:
5872 (a) the foreign medical school is recognized by an organization approved by the
5873 division;
5874 (b) the document granted by the foreign medical school is issued after the completion
5875 of all formal requirements of the medical school except internship or social service; and
5876 (c) the foreign medical school certifies that the person to whom the document was
5877 issued has satisfactorily completed the requirements of Subsection (1)(c).
5878 (5) The division may not require as a requirement for licensure a cognitive test when
5879 the physician reaches a specified age, unless the test reflects the standards described in
5880 Subsections 58-67-302(5)(b)(i) through (x).
5881 (6) The provisions for licensure under this section shall be known as the "fifth pathway
5882 program."
5883 Section 97. Section 58-67-302.7 is amended to read:
5884 58-67-302.7. Licensing of physician-educators.
5885 (1) As used in this section:
5886 (a) "Foreign country" means a country other than the United States, its territories, or
5887 Canada.
5888 (b) "Foreign medical school" means a medical school that is outside the United States,
5889 its territories, and Canada.
5890 (2) Notwithstanding any provision of law to the contrary, an individual may receive a
5891 type I foreign teaching license if the individual:
5892 (a) submits an application in a form prescribed by the division, which may include:
5893 (i) submission by the applicant of information maintained in a practitioner data bank,
5894 as designated by division rule, with respect to the applicant;
5895 (ii) a record of professional liability claims made against the applicant and settlements
5896 paid by or on behalf of the applicant; and
5897 (iii) the applicant's curriculum vitae;
5898 (b) is a graduate of a foreign medical school that is accepted for certification by the
5899 Educational Commission for Foreign Medical Graduates;
5900 (c) is licensed in good standing in a foreign country, the United States, its territories, or
5901 Canada;
5902 (d) does not have an investigation or action pending against the physician's healthcare
5903 license, does not have a healthcare license that was suspended or revoked, and has not
5904 surrendered a healthcare license in lieu of disciplinary action, unless:
5905 (i) the license was subsequently reinstated in good standing; or
5906 (ii) the division in collaboration with the board determines to its satisfaction, after full
5907 disclosure by the applicant and full consideration by the division in collaboration with the
5908 board, that:
5909 (A) the conduct has been corrected, monitored, and resolved; or
5910 (B) a mitigating circumstance exists that prevents resolution, and the division in
5911 collaboration with the board is satisfied that but for the mitigating circumstance, the license
5912 would be reinstated;
5913 (e) submits documentation of legal status to work in the United States;
5914 (f) meets at least three of the following qualifications:
5915 (i) (A) published original results of clinical research, within 10 years before the day on
5916 which the application is submitted, in a medical journal listed in the Index Medicus or an
5917 equivalent scholarly publication; and
5918 (B) submits the publication to the Board in English or in a foreign language with a
5919 verifiable, certified English translation;
5920 (ii) held an appointment at a medical school approved by the LCME or at any medical
5921 school listed in the World Health Organization directory at the level of associate or full
5922 professor, or its equivalent, for at least five years;
5923 (iii) (A) developed a treatment modality, surgical technique, or other verified original
5924 contribution to the field of medicine within 10 years before the day on which the application is
5925 submitted; and
5926 (B) has the treatment modality, surgical technique, or other verified original
5927 contribution attested to by the dean of an LCME accredited school of medicine in Utah;
5928 (iv) actively practiced medicine cumulatively for 10 years; or
5929 (v) is board certified in good standing of a board of the American Board of Medical
5930 Specialities or equivalent specialty board;
5931 [
5932 [
5933 language and demonstrates proficiency to the satisfaction of the division in collaboration with
5934 the board, if requested;
5935 [
5936 full-time member of the medical school's academic faculty, as evidenced by written
5937 certification from:
5938 (i) the dean of the medical school, stating that the applicant has been appointed to a
5939 full-time faculty position, that because the applicant has unique expertise in a specific field of
5940 medicine the medical school considers the applicant to be a valuable member of the faculty,
5941 and that the applicant is qualified by knowledge, skill, and ability to practice medicine in the
5942 state; and
5943 (ii) the head of the department to which the applicant is to be appointed, stating that the
5944 applicant will be under the direction of the head of the department and will be permitted to
5945 practice medicine only as a necessary part of the applicant's duties, providing detailed evidence
5946 of the applicant's qualifications and competence, including the nature and location of the
5947 applicant's proposed responsibilities, reasons for any limitations of the applicant's practice
5948 responsibilities, and the degree of supervision, if any, under which the applicant will function;
5949 [
5950 [
5951 (3) Notwithstanding any provision of law to the contrary, an individual may receive a
5952 type II foreign teaching license if the individual:
5953 (a) satisfies the requirements of Subsections (2)(a) through (e) and (g) through [
5954 (b) has delivered clinical care to patients cumulatively for five years after graduation
5955 from medical school; and
5956 (c) (i) will be completing a clinical fellowship while employed at the medical school
5957 described in Subsection (2)[
5958 (ii) has already completed a medical residency accredited by the Royal College of
5959 Physicians and Surgeons of Canada, the United Kingdom, Australia, or New Zealand, or a
5960 comparable accreditation organization as determined by the division in collaboration with the
5961 board.
5962 (4) After an initial term of one year, a type I license may be renewed for periods of two
5963 years if the licensee continues to satisfy the requirements described in Subsection (2) and
5964 completes the division's continuing education renewal requirements established under Section
5965 58-67-303.
5966 (5) A type II license may be renewed on an annual basis, up to four times, if the
5967 licensee continues to satisfy the requirements described in Subsection (3) and completes the
5968 division's continuing education renewal requirements established under Section 58-67-303.
5969 (6) A license issued under this section:
5970 (a) authorizes the licensee to practice medicine:
5971 (i) within the scope of the licensee's employment at the medical school described in
5972 Subsection (2)[
5973 (ii) at a hospital or clinic affiliated with the medical school described in Subsection
5974 (2)[
5975 (b) shall list the limitations described in Subsection (6)(a); and
5976 (c) shall expire on the earlier of:
5977 (i) one year after the day on which the type I or type II license is initially issued, unless
5978 the license is renewed;
5979 (ii) for a type I license, two years after the day on which the license is renewed;
5980 (iii) for a type II license, one year after the day on which the license is renewed; or
5981 (iv) the day on which employment at the medical school described in Subsection
5982 (2)[
5983 (7) A person who holds a type I license for five consecutive years may apply for
5984 licensure as a physician and surgeon in this state and shall be licensed if the individual satisfies
5985 the requirements described in Subsection (8). If the person fails to obtain licensure as a
5986 physician and surgeon in this state, the person may apply for a renewal of the type I license
5987 under Subsection (2).
5988 (8) An individual who holds a type I or type II license for five consecutive years is
5989 eligible for licensure as a physician and surgeon in this state if the individual:
5990 (a) worked an average of at least 40 hours per month at the level of an attending
5991 physician during the time the individual held the type I or type II license;
5992 (b) holds the rank of associate professor or higher at the medical school described in
5993 Subsection (2)[
5994 (c) obtains certification from the Educational Commission for Foreign Medical
5995 Graduates or any successor organization approved by the division in collaboration with the
5996 board;
5997 (d) spent a cumulative 20 hours per year while holding a type I or type II license:
5998 (i) teaching or lecturing to medical students or house staff;
5999 (ii) participating in educational department meetings or conferences that are not
6000 certified to meet the continuing medical education license renewal requirement; or
6001 (iii) attending continuing medical education classes in addition to the requirements for
6002 continuing education described in Subsections (4) and (5);
6003 (e) obtains a passing score on the final step of the licensing examination sequence
6004 required by division rule made in collaboration with the board; and
6005 (f) satisfies the requirements described in Subsections 58-67-302(1)(a) through [
6006
6007 (9) If a person who holds a type II license fails to obtain licensure as a physician and
6008 surgeon in this state after applying under the procedures described in Subsection (8), the person
6009 may not:
6010 (a) reapply for or renew a type II license; or
6011 (b) apply for a type I license.
6012 (10) The division or the board may require an applicant for licensure under this section
6013 to meet with the board and representatives of the division for the purpose of evaluating the
6014 applicant's qualifications for licensure.
6015 (11) The division in collaboration with the board may withdraw a license under this
6016 section at any time for material misrepresentation or unlawful or unprofessional conduct.
6017 Section 98. Section 58-67-302.8 is amended to read:
6018 58-67-302.8. Restricted licensing of an associate physician.
6019 (1) An individual may apply for a restricted license as an associate physician if the
6020 individual:
6021 (a) meets the requirements described in Subsections 58-67-302(1)(a) through [
6022
6023 (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
6024 Examination or the equivalent steps of another board-approved medical licensing examination:
6025 (i) within three years after the day on which the applicant graduates from a program
6026 described in Subsection 58-67-302[
6027 (ii) within two years before applying for a restricted license as an associate physician;
6028 and
6029 (c) is not currently enrolled in and has not completed a residency program.
6030 (2) Before a licensed associate physician may engage in the practice of medicine as
6031 described in Subsection (3), the licensed associate physician shall:
6032 (a) enter into a collaborative practice arrangement described in Section 58-67-807
6033 within six months after the associate physician's initial licensure; and
6034 (b) receive division approval of the collaborative practice arrangement.
6035 (3) An associate physician's scope of practice is limited to primary care services to
6036 medically underserved populations or in medically underserved areas within the state.
6037 Section 99. Section 58-67-304 is amended to read:
6038 58-67-304. License renewal requirements.
6039 (1) As a condition precedent for license renewal, each licensee shall, during each
6040 two-year licensure cycle or other cycle defined by division rule:
6041 (a) complete qualified continuing professional education requirements in accordance
6042 with the number of hours and standards defined by division rule made in collaboration with the
6043 board;
6044 (b) appoint a contact person for access to medical records and an alternate contact
6045 person for access to medical records in accordance with Subsection 58-67-302(1)[
6046 (c) if the licensee practices medicine in a location with no other persons licensed under
6047 this chapter, provide some method of notice to the licensee's patients of the identity and
6048 location of the contact person and alternate contact person for the licensee; and
6049 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
6050 successfully complete the educational methods and programs described in Subsection
6051 58-67-807(4).
6052 (2) If a renewal period is extended or shortened under Section 58-67-303, the
6053 continuing education hours required for license renewal under this section are increased or
6054 decreased proportionally.
6055 (3) An application to renew a license under this chapter shall:
6056 (a) require a physician to answer the following question: "Do you perform elective
6057 abortions in Utah in a location other than a hospital?"; and
6058 (b) immediately following the question, contain the following statement: "For purposes
6059 of the immediately preceding question, elective abortion means an abortion other than one of
6060 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
6061 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
6062 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
6063 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
6064 the woman is pregnant as a result of rape or incest."
6065 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
6066 to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
6067 Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
6068 division shall, within 30 days after the day on which it renews the physician's license under this
6069 chapter, inform the Department of Health in writing:
6070 (a) of the name and business address of the physician; and
6071 (b) that the physician responded positively to the question described in Subsection
6072 (3)(a).
6073 (5) The division shall accept and apply toward the hour requirement in Subsection
6074 (1)(a) any continuing education that a physician completes in accordance with Sections
6075 26-61a-106, 26-61a-403, and 26-61a-602.
6076 Section 100. Section 58-67-403 is amended to read:
6077 58-67-403. Revocation of license -- Nondisciplinary.
6078 Revocation by the division of a license under Subsection 58-67-302(1)[
6079 failure to continue on a resident training program for reasons other than unprofessional or
6080 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
6081 disciplinary action against the licensee.
6082 Section 101. Section 58-67-503 is amended to read:
6083 58-67-503. Penalties and administrative actions for unlawful and unprofessional
6084 conduct.
6085 (1) Any person who violates the unlawful conduct provisions of Section 58-67-501 or
6086 Section 58-1-501 is guilty of a third degree felony.
6087 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6088 conduct by:
6089 (i) assessing administrative penalties; or
6090 (ii) taking other appropriate administrative action.
6091 (b) A monetary administrative penalty imposed under this section shall be deposited in
6092 the Physician Education Fund created in Section 58-67a-1.
6093 (3) If a licensee has been convicted of unlawful conduct, described in Section
6094 58-67-501, before an administrative proceeding regarding the same conduct, the division may
6095 not assess an additional administrative fine under this chapter for the same conduct.
6096 (4) (a) If the division concludes that an individual has violated provisions of Section
6097 58-67-501, Section 58-67-502, Chapter 1, Division of Occupational and Professional Licensing
6098 Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect to
6099 these provisions, and disciplinary action is appropriate, the director or director's designee shall:
6100 (i) issue a citation to the individual;
6101 (ii) attempt to negotiate a stipulated settlement; or
6102 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6103 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6104 appear.
6105 (b) The division may take the following action against an individual who is in violation
6106 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6107 stipulated settlement, or a finding of violation in an adjudicative proceeding:
6108 (i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
6109 ongoing violation, whichever is greater, in accordance with a fine schedule established by rule;
6110 or
6111 (ii) order to cease and desist from the behavior that constitutes a violation of the
6112 provisions described in Subsection (4)(a).
6113 (c) An individual's license may not be suspended or revoked through a citation.
6114 (d) Each citation issued under this section shall:
6115 (i) be in writing;
6116 (ii) clearly describe or explain:
6117 (A) the nature of the violation, including a reference to the provision of the chapter,
6118 rule, or order alleged to have been violated;
6119 (B) that the recipient must notify the division in writing within 20 calendar days from
6120 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6121 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6122 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6123 the citation within the time specified in the citation; and
6124 (iii) be served in accordance with the Utah Rules of Civil Procedure.
6125 (e) If the individual to whom the citation is issued fails to request a hearing to contest
6126 the citation within 20 calendar days from the day on which the citation is served, the citation
6127 becomes the final order of the division and is not subject to further agency review. The period
6128 to contest the citation may be extended by the division for cause.
6129 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6130 the license of an individual who fails to comply with a citation after the citation becomes final.
6131 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6132 final is a ground for denial of license.
6133 (h) No citation may be issued under this section after [
6134
6135 violation that is the subject of the citation is reported to the division.
6136 (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6137 (i) referring the matter to a collection agency; or
6138 (ii) bringing an action in the district court of the county where the person against whom
6139 the penalty is imposed resides or in the county where the office of the director is located.
6140 (b) A county attorney or the attorney general of the state shall provide legal assistance
6141 and advice to the director in an action to collect a penalty.
6142 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6143 action brought by the division to collect a penalty.
6144 Section 102. Section 58-68-302 is amended to read:
6145 58-68-302. Qualifications for licensure.
6146 (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
6147 forth in Subsection (2), shall:
6148 (a) submit an application in a form prescribed by the division, which may include:
6149 (i) submissions by the applicant of information maintained by practitioner data banks,
6150 as designated by division rule, with respect to the applicant;
6151 (ii) a record of professional liability claims made against the applicant and settlements
6152 paid by or on behalf of the applicant; and
6153 (iii) authorization to use a record coordination and verification service approved by the
6154 division in collaboration with the board;
6155 (b) pay a fee determined by the department under Section 63J-1-504;
6156 [
6157 [
6158 Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
6159 background check in accordance with Section 58-68-302.1 and any requirements established by
6160 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
6161 [
6162 program of professional education preparing an individual as an osteopathic physician and
6163 surgeon, as evidenced by:
6164 (i) having received an earned degree of doctor of osteopathic medicine from an AOA
6165 approved medical school or college; or
6166 (ii) submitting a current certification by the Educational Commission for Foreign
6167 Medical Graduates or any successor organization approved by the division in collaboration
6168 with the board, if the applicant is graduated from an osteopathic medical school or college
6169 located outside of the United States or its territories which at the time of the applicant's
6170 graduation, met criteria for accreditation by the AOA;
6171 [
6172 (i) has successfully completed 24 months of progressive resident training in an
6173 ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
6174 required under Subsection (1)[
6175 (ii) (A) has successfully completed 12 months of resident training in an ACGME or
6176 AOA approved program after receiving a degree of doctor of osteopathic medicine as required
6177 under Subsection (1)[
6178 (B) has been accepted in and is successfully participating in progressive resident
6179 training in an ACGME or AOA approved program within Utah, in the applicant's second or
6180 third year of postgraduate training; and
6181 (C) has agreed to surrender to the division the applicant's license as an osteopathic
6182 physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
6183 Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
6184 will be automatically revoked by the division if the applicant fails to continue in good standing
6185 in an ACGME or AOA approved progressive resident training program within the state;
6186 [
6187 collaboration with the board;
6188 [
6189 language and demonstrate proficiency to the satisfaction of the board, if requested by the board;
6190 [
6191 purpose of evaluating the applicant's qualifications for licensure;
6192 [
6193 (i) a contact person for access to medical records in accordance with the federal Health
6194 Insurance Portability and Accountability Act; and
6195 (ii) an alternate contact person for access to medical records, in the event the original
6196 contact person is unable or unwilling to serve as the contact person for access to medical
6197 records; and
6198 [
6199 contact person and alternate contact person, if the applicant will practice in a location with no
6200 other persons licensed under this chapter.
6201 (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
6202 who is currently licensed to practice osteopathic medicine in any state other than Utah, a
6203 district or territory of the United States, or Canada shall:
6204 (a) be currently licensed with a full unrestricted license in good standing in any state,
6205 district or territory of the United States, or Canada;
6206 (b) have been actively engaged in the legal practice of osteopathic medicine in any
6207 state, district or territory of the United States, or Canada for not less than 6,000 hours during
6208 the five years immediately preceding the day on which the applicant applied for licensure in
6209 Utah;
6210 (c) comply with the requirements for licensure under Subsections (1)(a) through [
6211
6212 (d) have passed the licensing examination sequence required in Subsection (1)[
6213 or another medical licensing examination sequence in another state, district or territory of the
6214 United States, or Canada that the division in collaboration with the board by rulemaking
6215 determines is equivalent to its own required examination;
6216 (e) not have any investigation or action pending against any health care license of the
6217 applicant, not have a health care license that was suspended or revoked in any state, district or
6218 territory of the United States, or Canada, and not have surrendered a health care license in lieu
6219 of a disciplinary action, unless:
6220 (i) the license was subsequently reinstated as a full unrestricted license in good
6221 standing; or
6222 (ii) the division in collaboration with the board determines, after full disclosure by the
6223 applicant, that:
6224 (A) the conduct has been corrected, monitored, and resolved; or
6225 (B) a mitigating circumstance exists that prevents its resolution, and the division in
6226 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
6227 would be reinstated;
6228 (f) submit to a records review, a practice review history, and physical and
6229 psychological assessments, if requested by the division in collaboration with the board; and
6230 (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
6231 the satisfaction of the division in collaboration with the board.
6232 (3) An applicant for licensure by endorsement may engage in the practice of medicine
6233 under a temporary license while the applicant's application for licensure is being processed by
6234 the division, provided:
6235 (a) the applicant submits a complete application required for temporary licensure to the
6236 division;
6237 (b) the applicant submits a written document to the division from:
6238 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
6239 Licensing and Inspection Act, stating that the applicant is practicing under the:
6240 (A) invitation of the health care facility; and
6241 (B) the general supervision of a physician practicing at the health care facility; or
6242 (ii) two individuals licensed under this chapter, whose license is in good standing and
6243 who practice in the same clinical location, both stating that:
6244 (A) the applicant is practicing under the invitation and general supervision of the
6245 individual; and
6246 (B) the applicant will practice at the same clinical location as the individual;
6247 (c) the applicant submits a signed certification to the division that the applicant meets
6248 the requirements of Subsection (2);
6249 (d) the applicant does not engage in the practice of medicine until the division has
6250 issued a temporary license;
6251 (e) the temporary license is only issued for and may not be extended or renewed
6252 beyond the duration of one year from issuance; and
6253 (f) the temporary license expires immediately and prior to the expiration of one year
6254 from issuance, upon notification from the division that the applicant's application for licensure
6255 by endorsement is denied.
6256 (4) The division shall issue a temporary license under Subsection (3) within 15
6257 business days after the applicant satisfies the requirements of Subsection (3).
6258 (5) The division may not require a:
6259 (a) post-residency board certification[
6260 (b) a cognitive test when the physician reaches a specified age, unless the test reflects
6261 the standards described in Subsections 58-67-302(5)(b)(i) through (x).
6262 Section 103. Section 58-68-302.5 is amended to read:
6263 58-68-302.5. Restricted licensing of an associate physician.
6264 (1) An individual may apply for a restricted license as an associate physician if the
6265 individual:
6266 (a) meets the requirements described in Subsections 58-68-302(1)(a) through [
6267
6268 (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
6269 Examination or the equivalent steps of another board-approved medical licensing examination:
6270 (i) within three years after the day on which the applicant graduates from a program
6271 described in Subsection 58-68-302(1)[
6272 (ii) within two years before applying for a restricted license as an associate physician;
6273 and
6274 (c) is not currently enrolled in and has not completed a residency program.
6275 (2) Before a licensed associate physician may engage in the practice of medicine as
6276 described in Subsection (3), the licensed associate physician shall:
6277 (a) enter into a collaborative practice arrangement described in Section 58-68-807
6278 within six months after the associate physician's initial licensure; and
6279 (b) receive division approval of the collaborative practice arrangement.
6280 (3) An associate physician's scope of practice is limited to primary care services to
6281 medically underserved populations or in medically underserved areas within the state.
6282 Section 104. Section 58-68-304 is amended to read:
6283 58-68-304. License renewal requirements.
6284 (1) As a condition precedent for license renewal, each licensee shall, during each
6285 two-year licensure cycle or other cycle defined by division rule:
6286 (a) complete qualified continuing professional education requirements in accordance
6287 with the number of hours and standards defined by division rule in collaboration with the
6288 board;
6289 (b) appoint a contact person for access to medical records and an alternate contact
6290 person for access to medical records in accordance with Subsection 58-68-302(1)[
6291 (c) if the licensee practices osteopathic medicine in a location with no other persons
6292 licensed under this chapter, provide some method of notice to the licensee's patients of the
6293 identity and location of the contact person and alternate contact person for access to medical
6294 records for the licensee in accordance with Subsection 58-68-302(1)[
6295 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
6296 successfully complete the educational methods and programs described in Subsection
6297 58-68-807(4).
6298 (2) If a renewal period is extended or shortened under Section 58-68-303, the
6299 continuing education hours required for license renewal under this section are increased or
6300 decreased proportionally.
6301 (3) An application to renew a license under this chapter shall:
6302 (a) require a physician to answer the following question: "Do you perform elective
6303 abortions in Utah in a location other than a hospital?"; and
6304 (b) immediately following the question, contain the following statement: "For purposes
6305 of the immediately preceding question, elective abortion means an abortion other than one of
6306 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
6307 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
6308 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
6309 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
6310 the woman is pregnant as a result of rape or incest."
6311 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
6312 to the licensing of an abortion clinic, if a physician responds positively to the question
6313 described in Subsection (3)(a), the division shall, within 30 days after the day on which it
6314 renews the physician's license under this chapter, inform the Department of Health in writing:
6315 (a) of the name and business address of the physician; and
6316 (b) that the physician responded positively to the question described in Subsection
6317 (3)(a).
6318 (5) The division shall accept and apply toward the hour requirement in Subsection
6319 (1)(a) any continuing education that a physician completes in accordance with Sections
6320 26-61a-106, 26-61a-403, and 26-61a-602.
6321 Section 105. Section 58-68-403 is amended to read:
6322 58-68-403. Revocation of license -- Nondisciplinary.
6323 Revocation by the division of a license under Subsection 58-68-302(1)[
6324 failure to continue on a resident training program for reasons other than unprofessional or
6325 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
6326 disciplinary action against the licensee.
6327 Section 106. Section 58-68-503 is amended to read:
6328 58-68-503. Penalties and administrative actions for unlawful and unprofessional
6329 conduct.
6330 (1) Any person who violates the unlawful conduct provisions of Section 58-68-501 or
6331 Section 58-1-501 is guilty of a third degree felony.
6332 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6333 conduct by:
6334 (i) assessing administrative penalties; or
6335 (ii) taking any other appropriate administrative action.
6336 (b) A monetary administrative penalty imposed under this section shall be deposited in
6337 the Physician Education Fund described in Section 58-67a-1.
6338 (3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501,
6339 before an administrative proceeding regarding the same conduct, the licensee may not be
6340 assessed an administrative fine under this chapter for the same conduct.
6341 (4) (a) If the division concludes that an individual has violated the provisions of
6342 Section 58-68-501, Section 58-68-502, Chapter 1, Division of Occupational and Professional
6343 Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with
6344 respect to these provisions, and disciplinary action is appropriate, the director or director's
6345 designee shall:
6346 (i) issue a citation to the individual;
6347 (ii) attempt to negotiate a stipulated settlement; or
6348 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6349 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6350 appear.
6351 (b) The division may take the following action against an individual who is in violation
6352 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6353 stipulated settlement, or a finding of violation in an adjudicative proceeding:
6354 (i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
6355 violation, whichever is greater, in accordance with a fine schedule established by rule; or
6356 (ii) order to cease and desist from the behavior that constitutes a violation of provisions
6357 described in Subsection (4)(a).
6358 (c) Except for an administrative fine and a cease and desist order, the licensure
6359 sanctions cited in Section 58-1-401 may not be assessed through a citation.
6360 (d) Each citation issued under this section shall:
6361 (i) be in writing;
6362 (ii) clearly describe or explain:
6363 (A) the nature of the violation, including a reference to the provision of the chapter,
6364 rule, or order alleged to have been violated;
6365 (B) that the recipient must notify the division in writing within 20 calendar days from
6366 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6367 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6368 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6369 the citation within the time specified in the citation; and
6370 (iii) be served in accordance with the requirements of the Utah Rules of Civil
6371 Procedure.
6372 (e) If the individual to whom the citation is issued fails to request a hearing to contest
6373 the citation within 20 calendar days from the day on which the citation is served, the citation
6374 becomes the final order of the division and is not subject to further agency review. The period
6375 to contest the citation may be extended by the division for cause.
6376 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6377 the license of an individual who fails to comply with a citation after the citation becomes final.
6378 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6379 final is a ground for denial of a license.
6380 (h) No citation may be issued under this section after [
6381
6382 violation that is the subject of the citation is reported to the division.
6383 (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6384 (i) referring the matter to a collection agency; or
6385 (ii) bringing an action in the district court of the county where the person against whom
6386 the penalty is imposed resides or in the county where the office of the director is located.
6387 (b) A county attorney or the attorney general of the state shall provide legal assistance
6388 and advice to the director in an action to collect a penalty.
6389 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6390 action brought by the division to collect a penalty.
6391 Section 107. Section 58-69-302 is amended to read:
6392 58-69-302. Qualifications -- Licensure as a dentist -- Licensure as a dental
6393 hygienist.
6394 (1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall:
6395 (a) submit an application in a form as prescribed by the division;
6396 (b) pay a fee as determined by the department under Section 63J-1-504;
6397 [
6398 [
6399 program of professional education preparing an individual as a dentist as evidenced by having
6400 received an earned doctor's degree in dentistry from a dental school accredited by the
6401 Commission on Dental Accreditation of the American Dental Association;
6402 [
6403 Commission on National Dental Examinations of the American Dental Association;
6404 [
6405 rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
6406 Administrative Rulemaking Act;
6407 [
6408 established by division rule made in collaboration with the board and in accordance with Title
6409 63G, Chapter 3, Utah Administrative Rulemaking Act;
6410 [
6411 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6412 and
6413 [
6414 examining the applicant's qualifications for licensure.
6415 (2) An applicant for licensure as a dentist qualifying under the endorsement provision
6416 of Section 58-1-302 shall:
6417 (a) be currently licensed in good standing with an unrestricted license in another
6418 jurisdiction described in Section 58-1-302;
6419 (b) document having met all requirements for licensure under Subsection (1) except
6420 Subsection [
6421 (c) document having been successfully engaged in clinical practice as a dentist for not
6422 less than 6,000 hours in the five years immediately preceding the date of application for
6423 licensure.
6424 (3) An applicant for licensure as a dental hygienist, except as set forth in Subsection
6425 (4), shall:
6426 (a) submit an application in a form as prescribed by the division;
6427 (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
6428 [
6429 [
6430 accredited by the Commission on Dental Accreditation of the American Dental Association;
6431 [
6432 Joint Commission on National Dental Examinations of the American Dental Association;
6433 [
6434 dental hygiene and written or oral examination in the theory and practice of dental hygiene as
6435 established by division rule made in collaboration with the board;
6436 [
6437 established by rule by division rule made in collaboration with the board;
6438 [
6439 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6440 and
6441 [
6442 examining the applicant's qualifications for licensure.
6443 (4) An applicant for licensure as a dental hygienist qualifying under the endorsement
6444 provision of Section 58-1-302 shall:
6445 (a) be currently licensed in another jurisdiction set forth in Section 58-1-302;
6446 (b) (i) document having met all requirements for licensure under Subsection (3) except,
6447 an applicant having received licensure in another state or jurisdiction prior to 1962, the year
6448 when the National Board Dental Hygiene Examinations were first administered, shall
6449 document having passed a state administered examination acceptable to the division in
6450 collaboration with the board; or
6451 (ii) document having obtained licensure in another state or jurisdiction upon which
6452 licensure by endorsement is based by meeting requirements which were equal to licensure
6453 requirements in Utah at the time the applicant obtained licensure in the other state or
6454 jurisdiction; and
6455 (c) document having been successfully engaged in practice as a dental hygienist for not
6456 less than 2,000 hours in the two years immediately preceding the date of application for
6457 licensure.
6458 Section 108. Section 58-70a-302 is amended to read:
6459 58-70a-302. Qualifications for licensure.
6460 Each applicant for licensure as a physician assistant shall:
6461 (1) submit an application in a form prescribed by the division;
6462 (2) pay a fee determined by the department under Section 63J-1-504;
6463 [
6464 [
6465 (a) Accreditation Review Commission on Education for the Physician Assistant; or
6466 (b) if prior to January 1, 2001, either the:
6467 (i) Committee on Accreditation of Allied Health Education Programs; or
6468 (ii) Committee on Allied Health Education and Accreditation;
6469 [
6470 collaboration with the board;
6471 [
6472 purpose of evaluating the applicant's qualifications for licensure; and
6473 [
6474 the division indicating:
6475 (i) the applicant has completed a delegation of services agreement signed by the
6476 physician assistant and the supervising physician; and
6477 (ii) the agreement is on file at the Utah practice sites; or
6478 (b) complete a form provided by the division indicating the applicant is not practicing
6479 in Utah and, prior to practicing in Utah, the applicant will meet the requirements of Subsection
6480 [
6481 Section 109. Section 58-70a-306 is amended to read:
6482 58-70a-306. Temporary license.
6483 (1) An applicant for licensure as a physician assistant who has met all qualifications for
6484 licensure except passing an examination component as required in Section 58-70a-302, may
6485 apply for and be granted a temporary license to practice under Subsection (2).
6486 (2) (a) The applicant shall submit to the division evidence of completion of a physician
6487 assistant program as defined in Subsection 58-70a-302[
6488 (b) (i) The temporary license shall be issued for a period not to exceed 120 days to
6489 allow the applicant to pass the Physician Assistant National Certifying Examination.
6490 (ii) The temporary license may not be renewed or extended.
6491 (c) A physician assistant holding a temporary license may work only under the direct
6492 supervision of an approved supervising or substitute supervising physician in accordance with
6493 a delegation of services agreement, and all patient charts shall be reviewed and countersigned
6494 by the supervising or substitute supervising physician.
6495 Section 110. Section 58-71-302 is amended to read:
6496 58-71-302. Qualifications for licensure.
6497 (1) An applicant for licensure as a naturopathic physician, except as set forth in
6498 Subsection (2), shall:
6499 (a) submit an application in a form prescribed by the division, which may include:
6500 (i) submissions by the applicant of information maintained by practitioner data banks,
6501 as designated by division rule, with respect to the applicant; and
6502 (ii) a record of professional liability claims made against the applicant and settlements
6503 paid by or in behalf of the applicant;
6504 (b) pay a fee determined by the department under Section 63J-1-504;
6505 [
6506 [
6507 program of professional education preparing an individual as a naturopathic physician, as
6508 evidenced by having received an earned degree of doctor of naturopathic medicine from:
6509 (i) a naturopathic medical school or college accredited by the Council of Naturopathic
6510 Medical Education or its successor organization approved by the division;
6511 (ii) a naturopathic medical school or college that is a candidate for accreditation by the
6512 Council of Naturopathic Medical Education or its successor organization, and is approved by
6513 the division in collaboration with the board, upon a finding there is reasonable expectation the
6514 school or college will be accredited; or
6515 (iii) a naturopathic medical school or college which, at the time of the applicant's
6516 graduation, met current criteria for accreditation by the Council of Naturopathic Medical
6517 Education or its successor organization approved by the division;
6518 [
6519 successful completion of the education requirements set forth in Subsection [
6520 months of clinical experience in naturopathic medicine in a residency program recognized by
6521 the division and associated with an accredited school or college of naturopathic medicine, and
6522 under the preceptorship of a licensed naturopathic physician, physician and surgeon, or
6523 osteopathic physician;
6524 [
6525 in collaboration with the board;
6526 [
6527 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6528 and
6529 [
6530 purpose of evaluating the applicant's qualifications for licensure.
6531 (2) (a) In accordance with Subsection (2)(b), an applicant for licensure as a
6532 naturopathic physician under the endorsement provision of Section 58-1-302 shall:
6533 (i) meet the requirements of Section 58-1-302;
6534 (ii) document having met all requirements for licensure under Subsection (1) except
6535 the clinical experience requirement of Subsection [
6536 (iii) have passed the examination requirements established under Subsection [
6537
6538 (A) the applicant has not passed in connection with licensure in another state or
6539 jurisdiction; and
6540 (B) are available to the applicant to take without requiring additional professional
6541 education;
6542 (iv) have been actively engaged in the practice of a naturopathic physician for not less
6543 than 6,000 hours during the five years immediately preceding the date of application for
6544 licensure in Utah; and
6545 (v) meet with the board and representatives of the division for the purpose of
6546 evaluating the applicant's qualifications for licensure.
6547 (b) The division may rely, either wholly or in part, on one or more credentialing
6548 associations designated by division rule, made in collaboration with the board, to document
6549 and certify in writing to the satisfaction of the division that an applicant has met each of the
6550 requirements of this Subsection (2), including the requirements of Section 58-1-302, and that:
6551 (i) the applicant holds a current license;
6552 (ii) the education, experience, and examination requirements of the foreign country or
6553 the state, district, or territory of the United States that issued the applicant's license are, or were
6554 at the time the license was issued, equal to those of this state for licensure as a naturopathic
6555 physician; and
6556 (iii) the applicant has produced evidence satisfactory to the division of the applicant's
6557 qualifications, identity, and good standing as a naturopathic physician.
6558 Section 111. Section 58-72-302 is amended to read:
6559 58-72-302. Qualifications for licensure.
6560 An applicant for licensure as a licensed acupuncturist shall:
6561 (1) submit an application in a form prescribed by the division;
6562 (2) pay a fee determined by the department under Section 63J-1-504;
6563 [
6564 [
6565 guidelines established by the National Commission for the Certification of Acupuncture and
6566 Oriental Medicine (NCCAOM) as demonstrated through a current certificate or other
6567 appropriate documentation;
6568 [
6569 [
6570 informed consent to treatment; and
6571 [
6572 qualifications for licensure.
6573 Section 112. Section 58-73-302 is amended to read:
6574 58-73-302. Qualifications for licensure.
6575 (1) Each applicant for licensure as a chiropractic physician, other than those applying
6576 for a license based on licensure as a chiropractor or chiropractic physician in another
6577 jurisdiction, shall:
6578 (a) submit an application in a form prescribed by the division;
6579 (b) pay a fee determined by the department under Section 63J-1-504;
6580 [
6581 [
6582 college or university;
6583 [
6584 chiropractic college or university that at the time the degree was conferred was accredited by
6585 the Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting body
6586 recognized by the United States Department of Education and by the division rule made in
6587 collaboration with the board;
6588 [
6589 (i) the National Chiropractic Boards:
6590 (A) Parts I and II;
6591 (B) Written Clinical Competency Examination; and
6592 (C) Physical Therapy;
6593 (ii) the Utah Chiropractic Law and Rules Examination; and
6594 (iii) a practical examination approved by the division in collaboration with the board;
6595 and
6596 [
6597 qualifications for licensure.
6598 (2) Each applicant for licensure as a chiropractic physician based on licensure as a
6599 chiropractor or chiropractic physician in another jurisdiction shall:
6600 (a) submit an application in the form prescribed by the division;
6601 (b) pay a fee determined by the department under Section 63J-1-504;
6602 [
6603 [
6604 physician in another state under education requirements which were equivalent to the education
6605 requirements in this state to obtain a chiropractor or chiropractic physician license at the time
6606 the applicant obtained the license in the other state;
6607 [
6608 (i) the Utah Chiropractic Law and Rules Examination; and
6609 (ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
6610 of Chiropractic Examiners;
6611 [
6612 years immediately preceding application for licensure in this state; and
6613 [
6614 qualifications for licensure.
6615 Section 113. Section 58-74-102 is amended to read:
6616 58-74-102. Definitions.
6617 In addition to the definitions in Section 58-1-102, as used in this chapter:
6618 (1) "Practice of court reporting" means the making of a verbatim record, by
6619 stenography or voice writing, of any trial, legislative public hearing, state agency public
6620 hearing, deposition, examination before trial, hearing or proceeding before any grand jury,
6621 referee, board, commission, master or arbitrator, or other sworn testimony given under oath.
6622 (2) "State certified court reporter" means a person who engages in the practice of court
6623 reporting and has met the requirements for state certification as a state certified court reporter.
6624 (3) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
6625 and 58-74-501.
6626 (4) "Unprofessional conduct" means the same as that term is defined in [
6627 Sections 58-1-501 and 58-74-502 and as may be further defined by rule.
6628 Section 114. Section 58-74-302 is amended to read:
6629 58-74-302. Qualifications for state certification.
6630 (1) Each applicant for state certification as a state certified court reporter under this
6631 chapter shall:
6632 (a) be at least 18 years of age;
6633 (b) be a citizen of the United States and a resident of the state;
6634 (c) submit an application in a form prescribed by the division;
6635 (d) pay a fee determined by the department under Section 63J-1-504;
6636 (e) possess a high degree of skill and ability in the art of court reporting; and
6637 [
6638 [
6639 Professional Reporter Examination of the National Court Reporters Association or the
6640 Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
6641 (2) [
6642 may use the abbreviation "C.C.R." or "C.V.R." as long as the person's certificate is current and
6643 valid.
6644 Section 115. Section 58-75-302 is amended to read:
6645 58-75-302. Qualifications for licensure -- Temporary license.
6646 (1) Except as provided in Subsection (2), each applicant for licensure as a genetic
6647 counselor under this chapter shall:
6648 (a) submit an application in a form prescribed by the division;
6649 (b) pay a fee determined by the department under Section 63J-1-504;
6650 [
6651 [
6652 (i) a master's degree from a genetic counseling training program that is accredited by
6653 the American Board of Genetic Counseling or an equivalent as determined by the division; or
6654 (ii) a doctoral degree from a medical genetics training program that is accredited by the
6655 American Board of Medical Genetics or an equivalent as determined by the division; and
6656 [
6657 (i) a genetic counselor by the American Board of Genetic Counseling or the American
6658 Board of Medical Genetics; or
6659 (ii) a medical geneticist by the American Board of Medical Genetics.
6660 (2) The division may issue a temporary license, in accordance with Section 58-1-303
6661 and any other conditions established by rule, to an applicant who meets all of the requirements
6662 for licensure except the examination requirement of Subsection [
6663 Section 116. Section 58-76-302 is amended to read:
6664 58-76-302. Qualifications for licensure.
6665 Each applicant for licensure as a professional geologist shall:
6666 (1) submit an application in a form as prescribed by the division;
6667 (2) pay a fee as determined by the department under Section 63J-1-504;
6668 [
6669 [
6670 (a) a bachelors or graduate degree in the geosciences granted through an institution of
6671 higher education that is accredited by a regional or national accrediting agency with a minimum
6672 of 30 semester or 45 quarter hours of course work in the geosciences; or
6673 (b) completion of other equivalent educational requirements as determined by the
6674 division in collaboration with the board;
6675 [
6676 (a) with a bachelors degree, a specific record of five years of active professional
6677 practice in geological work of a character satisfactory to the division, indicating the applicant is
6678 competent to be placed in a responsible charge of the work;
6679 (b) with a masters degree, a specific record of three years of active professional
6680 practice in geological work of a character satisfactory to the division, indicating the applicant is
6681 competent to be placed in a responsible charge of the work; or
6682 (c) with a doctorate degree, a specific record of one year of active professional practice
6683 in geological work of a character satisfactory to the division, indicating the applicant is
6684 competent to be placed in a responsible charge of the work; and
6685 [
6686 by the division in collaboration with the board.
6687 Section 117. Section 58-76-502 is amended to read:
6688 58-76-502. Penalty for unlawful conduct.
6689 (1) (a) If, upon inspection or investigation, the division concludes that a person has
6690 violated Section 58-76-501 or any rule or order issued with respect to Section 58-76-501, and
6691 that disciplinary action is appropriate, the director or the director's designee from within the
6692 division shall promptly issue a citation to the person according to this chapter and any pertinent
6693 rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
6694 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
6695 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-76-501
6696 or any rule or order issued with respect to Section 58-76-501, as evidenced by an uncontested
6697 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
6698 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
6699 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
6700 58-76-501 or any rule or order issued with respect to this section.
6701 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
6702 58-76-401 may not be assessed through a citation.
6703 (b) A citation shall:
6704 (i) be in writing;
6705 (ii) describe with particularity the nature of the violation, including a reference to the
6706 provision of the chapter, rule, or order alleged to have been violated;
6707 (iii) clearly state that the recipient must notify the division in writing within 20
6708 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
6709 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6710 (iv) clearly explain the consequences of failure to timely contest the citation or to make
6711 payment of any fines assessed by the citation within the time specified in the citation.
6712 (c) The division may issue a notice in lieu of a citation.
6713 (d) Each citation issued under this section, or a copy of each citation, may be served
6714 upon any person upon whom a summons may be served in accordance with the Utah Rules of
6715 Civil Procedure and may be made personally or upon the person's agent by a division
6716 investigator or by any person specially designated by the director or by mail.
6717 (e) If within 20 calendar days from the service of the citation, the person to whom the
6718 citation was issued fails to request a hearing to contest the citation, the citation becomes the
6719 final order of the division and is not subject to further agency review. The period to contest a
6720 citation may be extended by the division for cause.
6721 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
6722 the license of a licensee who fails to comply with a citation after it becomes final.
6723 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6724 final is a ground for denial of license.
6725 (h) No citation may be issued under this section after the expiration of [
6726
6727 that is the subject of the citation is reported to the division.
6728 (i) The director or the director's designee shall assess fines according to the following:
6729 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
6730 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
6731 and
6732 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
6733 $2,000 for each day of continued offense.
6734 (2) An action initiated for a first or second offense which has not yet resulted in a final
6735 order of the division shall not preclude initiation of any subsequent action for a second or
6736 subsequent offense during the pendency of any preceding action. The final order on a
6737 subsequent action shall be considered a second or subsequent offense, respectively, provided
6738 the preceding action resulted in a first or second offense, respectively.
6739 (3) (a) The director may collect a penalty that is not paid by:
6740 (i) referring the matter to a collection agency; or
6741 (ii) bringing an action in the district court of the county where the person against whom
6742 the penalty is imposed resides or in the county where the office of the director is located.
6743 (b) A county attorney or the attorney general of the state shall provide legal assistance
6744 and advice to the director in an action to collect a penalty.
6745 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6746 action brought by the division to collect a penalty.
6747 Section 118. Section 58-77-302 is amended to read:
6748 58-77-302. Qualifications for licensure.
6749 Each applicant for licensure as a licensed direct-entry midwife shall:
6750 (1) submit an application in a form prescribed by the division;
6751 (2) pay a fee as determined by the department under Section 63J-1-504;
6752 [
6753 [
6754 North American Registry of Midwives or equivalent certification approved by the division in
6755 collaboration with the board;
6756 [
6757 through an organization approved by the division in collaboration with the board; and
6758 [
6759 pharmacology course as defined by division rule.
6760 Section 119. Section 58-78-302 is amended to read:
6761 58-78-302. Qualifications for licensure -- Licensure by credential.
6762 (1) Except as provided in Subsection (2), an applicant for licensure as a vocational
6763 rehabilitation counselor under this chapter shall:
6764 (a) submit an application in a form as prescribed by the division;
6765 (b) pay a fee determined by the department under Section 63J-1-504 to recover the
6766 costs of administering licensing requirements relating to vocational rehabilitation counselors;
6767 [
6768 [
6769 rehabilitation counseling or a related field;
6770 [
6771 experience under the supervision of a licensed vocational rehabilitation counselor, except as
6772 otherwise provided in Subsection (2); and
6773 [
6774 collaboration with the board.
6775 (2) The division may issue a license under this chapter to an individual who is licensed
6776 in another state or jurisdiction to practice vocational rehabilitation counseling if the division
6777 finds that the other state or jurisdiction has substantially the same or higher licensure
6778 requirements as this state.
6779 Section 120. Section 58-79-302 is amended to read:
6780 58-79-302. Qualifications for licensure.
6781 (1) An applicant for licensure as a hunting guide shall:
6782 (a) submit an application in a form prescribed by the division;
6783 (b) pay a fee determined by the department under Section 63J-1-504;
6784 [
6785 [
6786 [
6787 by rule by the division in collaboration with the board; and
6788 [
6789 (2) An applicant for licensure as an outfitter shall:
6790 (a) submit an application in a form prescribed by the division;
6791 (b) pay a fee determined by the department under Section 63J-1-504;
6792 [
6793 [
6794 [
6795 by rule by the division in collaboration with the board; and
6796 [
6797 Section 121. Section 58-84-201 is amended to read:
6798 58-84-201. Qualifications for state certification.
6799 (1) The division shall grant state certification to a person who qualifies under this
6800 chapter to engage in the practice of music therapy as a state certified music therapist.
6801 (2) Each applicant for state certification as a state certified music therapist shall:
6802 (a) submit an application in a form prescribed by the division;
6803 (b) pay a fee determined by the department under Section 63J-1-504; and
6804 [
6805 [
6806 in good standing with, the Certification Board for Music Therapists, or an equivalent board as
6807 determined by division rule.
6808 Section 122. Section 58-86-202 is amended to read:
6809 58-86-202. Qualifications for state certification.
6810 Each applicant for state certification as a state certified commercial interior designer
6811 shall:
6812 (1) submit an application in a form prescribed by the division;
6813 (2) pay a fee determined by the department under Section 63J-1-504; and
6814 (3) provide satisfactory evidence of[
6815 qualified to take and having passed the examination of the National Council for Interior Design
6816 Qualification, or an equivalent body as determined by division rule.
6817 Section 123. Section 58-86-302 is amended to read:
6818 58-86-302. Penalty for unlawful conduct.
6819 (1) If upon inspection or investigation the division concludes that a person has violated
6820 Subsections 58-1-501(1)(a) through (d), Section 58-86-301, or a rule or order issued with
6821 respect to Section 58-86-301, and that disciplinary action is appropriate, the director or the
6822 director's designee may:
6823 (a) issue a citation to the person according to this chapter and any pertinent rules;
6824 (b) attempt to negotiate a stipulated settlement; or
6825 (c) notify the person to appear at an adjudicative proceeding conducted under Title
6826 63G, Chapter 4, Administrative Procedures Act.
6827 (2) A person who violates Subsections 58-1-501(1)(a) through (d), Section 58-86-301,
6828 or a rule or order issued with respect to Section 58-86-301, as evidenced by an uncontested
6829 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
6830 be assessed a fine pursuant to this chapter and may, in addition to or in lieu of the fine, be
6831 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d), Section
6832 58-86-301, or a rule or order issued with respect to Section 58-86-301.
6833 (3) A citation issued under this chapter shall:
6834 (a) be in writing;
6835 (b) describe with particularity the nature of the violation, including a reference to the
6836 provision of the chapter, rule, or order alleged to have been violated;
6837 (c) clearly state that the recipient must notify the division in writing within 20 calendar
6838 days of service of the citation if the recipient wishes to contest the citation at a hearing
6839 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6840 (d) clearly explain the consequences of failure to timely contest the citation or to make
6841 payment of any fines assessed by the citation within the time specified in the citation.
6842 (4) The division may issue a notice in lieu of a citation.
6843 (5) A citation issued under this section, or a copy of the citation, may be served upon a
6844 person upon whom a summons may be served in accordance with the Utah Rules of Civil
6845 Procedure and may be made by mail or may be made personally or upon the person's agent by a
6846 division investigator or by a person specially designated by the director.
6847 (6) (a) If within 20 calendar days from the service of the citation the person to whom
6848 the citation was issued fails to request a hearing to contest the citation, the citation becomes the
6849 final order of the division and is not subject to further agency review.
6850 (b) The period to contest a citation may be extended by the division for cause.
6851 (7) The division may refuse to issue or renew or may suspend, revoke, or place on
6852 probation the state certification of a state certified commercial interior designer who fails to
6853 comply with a citation after the citation becomes final.
6854 (8) The failure of an applicant for state certification to comply with a citation after the
6855 citation becomes final is a ground for denial of state certification.
6856 (9) No citation may be issued under this section after the expiration of [
6857
6858 is the subject of the citation is reported to the division.
6859 (10) The director or the director's designee shall assess fines according to the
6860 following:
6861 (a) for a first offense handled pursuant to this section, a fine of up to $1,000;
6862 (b) for a second offense handled pursuant to this section, a fine of up to $2,000; and
6863 (c) for any subsequent offense handled pursuant to this section, a fine of up to $2,000
6864 for each day of continued offense.
6865 (11) An action initiated for a first or second offense that has not yet resulted in a final
6866 order of the division does not preclude initiation of a subsequent action for a second or
6867 subsequent offense during the pendency of a preceding action.
6868 (12) (a) A penalty that is not paid may be collected by the director by either referring
6869 the matter to a collection agency or by bringing an action in the district court of the county in
6870 which the person against whom the penalty is imposed resides or in the county where the office
6871 of the director is located.
6872 (b) A county attorney or the attorney general of the state shall provide legal assistance
6873 and advice to the director in an action to collect the penalty.
6874 (c) In an action brought to enforce the provisions of this section, reasonable attorney
6875 fees and costs shall be awarded to the division.
6876 Section 124. Section 63G-2-305 is amended to read:
6877 63G-2-305. Protected records.
6878 The following records are protected if properly classified by a governmental entity:
6879 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
6880 has provided the governmental entity with the information specified in Section 63G-2-309;
6881 (2) commercial information or nonindividual financial information obtained from a
6882 person if:
6883 (a) disclosure of the information could reasonably be expected to result in unfair
6884 competitive injury to the person submitting the information or would impair the ability of the
6885 governmental entity to obtain necessary information in the future;
6886 (b) the person submitting the information has a greater interest in prohibiting access
6887 than the public in obtaining access; and
6888 (c) the person submitting the information has provided the governmental entity with
6889 the information specified in Section 63G-2-309;
6890 (3) commercial or financial information acquired or prepared by a governmental entity
6891 to the extent that disclosure would lead to financial speculations in currencies, securities, or
6892 commodities that will interfere with a planned transaction by the governmental entity or cause
6893 substantial financial injury to the governmental entity or state economy;
6894 (4) records, the disclosure of which could cause commercial injury to, or confer a
6895 competitive advantage upon a potential or actual competitor of, a commercial project entity as
6896 defined in Subsection 11-13-103(4);
6897 (5) test questions and answers to be used in future license, certification, registration,
6898 employment, or academic examinations;
6899 (6) records, the disclosure of which would impair governmental procurement
6900 proceedings or give an unfair advantage to any person proposing to enter into a contract or
6901 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
6902 Subsection (6) does not restrict the right of a person to have access to, after the contract or
6903 grant has been awarded and signed by all parties:
6904 (a) a bid, proposal, application, or other information submitted to or by a governmental
6905 entity in response to:
6906 (i) an invitation for bids;
6907 (ii) a request for proposals;
6908 (iii) a request for quotes;
6909 (iv) a grant; or
6910 (v) other similar document; or
6911 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
6912 (7) information submitted to or by a governmental entity in response to a request for
6913 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
6914 the right of a person to have access to the information, after:
6915 (a) a contract directly relating to the subject of the request for information has been
6916 awarded and signed by all parties; or
6917 (b) (i) a final determination is made not to enter into a contract that relates to the
6918 subject of the request for information; and
6919 (ii) at least two years have passed after the day on which the request for information is
6920 issued;
6921 (8) records that would identify real property or the appraisal or estimated value of real
6922 or personal property, including intellectual property, under consideration for public acquisition
6923 before any rights to the property are acquired unless:
6924 (a) public interest in obtaining access to the information is greater than or equal to the
6925 governmental entity's need to acquire the property on the best terms possible;
6926 (b) the information has already been disclosed to persons not employed by or under a
6927 duty of confidentiality to the entity;
6928 (c) in the case of records that would identify property, potential sellers of the described
6929 property have already learned of the governmental entity's plans to acquire the property;
6930 (d) in the case of records that would identify the appraisal or estimated value of
6931 property, the potential sellers have already learned of the governmental entity's estimated value
6932 of the property; or
6933 (e) the property under consideration for public acquisition is a single family residence
6934 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
6935 the property as required under Section 78B-6-505;
6936 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
6937 compensated transaction of real or personal property including intellectual property, which, if
6938 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
6939 of the subject property, unless:
6940 (a) the public interest in access is greater than or equal to the interests in restricting
6941 access, including the governmental entity's interest in maximizing the financial benefit of the
6942 transaction; or
6943 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
6944 the value of the subject property have already been disclosed to persons not employed by or
6945 under a duty of confidentiality to the entity;
6946 (10) records created or maintained for civil, criminal, or administrative enforcement
6947 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
6948 release of the records:
6949 (a) reasonably could be expected to interfere with investigations undertaken for
6950 enforcement, discipline, licensing, certification, or registration purposes;
6951 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
6952 proceedings;
6953 (c) would create a danger of depriving a person of a right to a fair trial or impartial
6954 hearing;
6955 (d) reasonably could be expected to disclose the identity of a source who is not
6956 generally known outside of government and, in the case of a record compiled in the course of
6957 an investigation, disclose information furnished by a source not generally known outside of
6958 government if disclosure would compromise the source; or
6959 (e) reasonably could be expected to disclose investigative or audit techniques,
6960 procedures, policies, or orders not generally known outside of government if disclosure would
6961 interfere with enforcement or audit efforts;
6962 (11) records the disclosure of which would jeopardize the life or safety of an
6963 individual;
6964 (12) records the disclosure of which would jeopardize the security of governmental
6965 property, governmental programs, or governmental recordkeeping systems from damage, theft,
6966 or other appropriation or use contrary to law or public policy;
6967 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
6968 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
6969 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
6970 (14) records that, if disclosed, would reveal recommendations made to the Board of
6971 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
6972 Board of Pardons and Parole, or the Department of Human Services that are based on the
6973 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
6974 jurisdiction;
6975 (15) records and audit workpapers that identify audit, collection, and operational
6976 procedures and methods used by the State Tax Commission, if disclosure would interfere with
6977 audits or collections;
6978 (16) records of a governmental audit agency relating to an ongoing or planned audit
6979 until the final audit is released;
6980 (17) records that are subject to the attorney client privilege;
6981 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
6982 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
6983 quasi-judicial, or administrative proceeding;
6984 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
6985 from a member of the Legislature; and
6986 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
6987 legislative action or policy may not be classified as protected under this section; and
6988 (b) (i) an internal communication that is part of the deliberative process in connection
6989 with the preparation of legislation between:
6990 (A) members of a legislative body;
6991 (B) a member of a legislative body and a member of the legislative body's staff; or
6992 (C) members of a legislative body's staff; and
6993 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
6994 legislative action or policy may not be classified as protected under this section;
6995 (20) (a) records in the custody or control of the Office of Legislative Research and
6996 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
6997 legislation or contemplated course of action before the legislator has elected to support the
6998 legislation or course of action, or made the legislation or course of action public; and
6999 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
7000 Office of Legislative Research and General Counsel is a public document unless a legislator
7001 asks that the records requesting the legislation be maintained as protected records until such
7002 time as the legislator elects to make the legislation or course of action public;
7003 (21) research requests from legislators to the Office of Legislative Research and
7004 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
7005 in response to these requests;
7006 (22) drafts, unless otherwise classified as public;
7007 (23) records concerning a governmental entity's strategy about:
7008 (a) collective bargaining; or
7009 (b) imminent or pending litigation;
7010 (24) records of investigations of loss occurrences and analyses of loss occurrences that
7011 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
7012 Uninsured Employers' Fund, or similar divisions in other governmental entities;
7013 (25) records, other than personnel evaluations, that contain a personal recommendation
7014 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
7015 personal privacy, or disclosure is not in the public interest;
7016 (26) records that reveal the location of historic, prehistoric, paleontological, or
7017 biological resources that if known would jeopardize the security of those resources or of
7018 valuable historic, scientific, educational, or cultural information;
7019 (27) records of independent state agencies if the disclosure of the records would
7020 conflict with the fiduciary obligations of the agency;
7021 (28) records of an institution within the state system of higher education defined in
7022 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
7023 retention decisions, and promotions, which could be properly discussed in a meeting closed in
7024 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
7025 the final decisions about tenure, appointments, retention, promotions, or those students
7026 admitted, may not be classified as protected under this section;
7027 (29) records of the governor's office, including budget recommendations, legislative
7028 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
7029 policies or contemplated courses of action before the governor has implemented or rejected
7030 those policies or courses of action or made them public;
7031 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
7032 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
7033 recommendations in these areas;
7034 (31) records provided by the United States or by a government entity outside the state
7035 that are given to the governmental entity with a requirement that they be managed as protected
7036 records if the providing entity certifies that the record would not be subject to public disclosure
7037 if retained by it;
7038 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
7039 public body except as provided in Section 52-4-206;
7040 (33) records that would reveal the contents of settlement negotiations but not including
7041 final settlements or empirical data to the extent that they are not otherwise exempt from
7042 disclosure;
7043 (34) memoranda prepared by staff and used in the decision-making process by an
7044 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
7045 other body charged by law with performing a quasi-judicial function;
7046 (35) records that would reveal negotiations regarding assistance or incentives offered
7047 by or requested from a governmental entity for the purpose of encouraging a person to expand
7048 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
7049 person or place the governmental entity at a competitive disadvantage, but this section may not
7050 be used to restrict access to a record evidencing a final contract;
7051 (36) materials to which access must be limited for purposes of securing or maintaining
7052 the governmental entity's proprietary protection of intellectual property rights including patents,
7053 copyrights, and trade secrets;
7054 (37) the name of a donor or a prospective donor to a governmental entity, including an
7055 institution within the state system of higher education defined in Section 53B-1-102, and other
7056 information concerning the donation that could reasonably be expected to reveal the identity of
7057 the donor, provided that:
7058 (a) the donor requests anonymity in writing;
7059 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
7060 classified protected by the governmental entity under this Subsection (37); and
7061 (c) except for an institution within the state system of higher education defined in
7062 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
7063 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
7064 over the donor, a member of the donor's immediate family, or any entity owned or controlled
7065 by the donor or the donor's immediate family;
7066 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
7067 73-18-13;
7068 (39) a notification of workers' compensation insurance coverage described in Section
7069 34A-2-205;
7070 (40) (a) the following records of an institution within the state system of higher
7071 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
7072 or received by or on behalf of faculty, staff, employees, or students of the institution:
7073 (i) unpublished lecture notes;
7074 (ii) unpublished notes, data, and information:
7075 (A) relating to research; and
7076 (B) of:
7077 (I) the institution within the state system of higher education defined in Section
7078 53B-1-102; or
7079 (II) a sponsor of sponsored research;
7080 (iii) unpublished manuscripts;
7081 (iv) creative works in process;
7082 (v) scholarly correspondence; and
7083 (vi) confidential information contained in research proposals;
7084 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
7085 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
7086 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
7087 (41) (a) records in the custody or control of the Office of Legislative Auditor General
7088 that would reveal the name of a particular legislator who requests a legislative audit prior to the
7089 date that audit is completed and made public; and
7090 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
7091 Office of the Legislative Auditor General is a public document unless the legislator asks that
7092 the records in the custody or control of the Office of Legislative Auditor General that would
7093 reveal the name of a particular legislator who requests a legislative audit be maintained as
7094 protected records until the audit is completed and made public;
7095 (42) records that provide detail as to the location of an explosive, including a map or
7096 other document that indicates the location of:
7097 (a) a production facility; or
7098 (b) a magazine;
7099 (43) information:
7100 (a) contained in the statewide database of the Division of Aging and Adult Services
7101 created by Section 62A-3-311.1; or
7102 (b) received or maintained in relation to the Identity Theft Reporting Information
7103 System (IRIS) established under Section 67-5-22;
7104 (44) information contained in the Management Information System and Licensing
7105 Information System described in Title 62A, Chapter 4a, Child and Family Services;
7106 (45) information regarding National Guard operations or activities in support of the
7107 National Guard's federal mission;
7108 (46) records provided by any pawn or secondhand business to a law enforcement
7109 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
7110 Secondhand Merchandise Transaction Information Act;
7111 (47) information regarding food security, risk, and vulnerability assessments performed
7112 by the Department of Agriculture and Food;
7113 (48) except to the extent that the record is exempt from this chapter pursuant to Section
7114 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
7115 prepared or maintained by the Division of Emergency Management, and the disclosure of
7116 which would jeopardize:
7117 (a) the safety of the general public; or
7118 (b) the security of:
7119 (i) governmental property;
7120 (ii) governmental programs; or
7121 (iii) the property of a private person who provides the Division of Emergency
7122 Management information;
7123 (49) records of the Department of Agriculture and Food that provides for the
7124 identification, tracing, or control of livestock diseases, including any program established under
7125 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
7126 of Animal Disease;
7127 (50) as provided in Section 26-39-501:
7128 (a) information or records held by the Department of Health related to a complaint
7129 regarding a child care program or residential child care which the department is unable to
7130 substantiate; and
7131 (b) information or records related to a complaint received by the Department of Health
7132 from an anonymous complainant regarding a child care program or residential child care;
7133 (51) unless otherwise classified as public under Section 63G-2-301 and except as
7134 provided under Section 41-1a-116, an individual's home address, home telephone number, or
7135 personal mobile phone number, if:
7136 (a) the individual is required to provide the information in order to comply with a law,
7137 ordinance, rule, or order of a government entity; and
7138 (b) the subject of the record has a reasonable expectation that this information will be
7139 kept confidential due to:
7140 (i) the nature of the law, ordinance, rule, or order; and
7141 (ii) the individual complying with the law, ordinance, rule, or order;
7142 (52) the portion of the following documents that contains a candidate's residential or
7143 mailing address, if the candidate provides to the filing officer another address or phone number
7144 where the candidate may be contacted:
7145 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
7146 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
7147 20A-9-408.5, 20A-9-502, or 20A-9-601;
7148 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
7149 (c) a notice of intent to gather signatures for candidacy, described in Section
7150 20A-9-408;
7151 (53) the name, home address, work addresses, and telephone numbers of an individual
7152 that is engaged in, or that provides goods or services for, medical or scientific research that is:
7153 (a) conducted within the state system of higher education, as defined in Section
7154 53B-1-102; and
7155 (b) conducted using animals;
7156 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
7157 Evaluation Commission concerning an individual commissioner's vote on whether or not to
7158 recommend that the voters retain a judge including information disclosed under Subsection
7159 78A-12-203(5)(e);
7160 (55) information collected and a report prepared by the Judicial Performance
7161 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
7162 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
7163 the information or report;
7164 (56) records contained in the Management Information System created in Section
7165 62A-4a-1003;
7166 (57) records provided or received by the Public Lands Policy Coordinating Office in
7167 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
7168 (58) information requested by and provided to the 911 Division under Section
7169 63H-7a-302;
7170 (59) in accordance with Section 73-10-33:
7171 (a) a management plan for a water conveyance facility in the possession of the Division
7172 of Water Resources or the Board of Water Resources; or
7173 (b) an outline of an emergency response plan in possession of the state or a county or
7174 municipality;
7175 (60) the following records in the custody or control of the Office of Inspector General
7176 of Medicaid Services, created in Section 63A-13-201:
7177 (a) records that would disclose information relating to allegations of personal
7178 misconduct, gross mismanagement, or illegal activity of a person if the information or
7179 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
7180 through other documents or evidence, and the records relating to the allegation are not relied
7181 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
7182 report or final audit report;
7183 (b) records and audit workpapers to the extent they would disclose the identity of a
7184 person who, during the course of an investigation or audit, communicated the existence of any
7185 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
7186 regulation adopted under the laws of this state, a political subdivision of the state, or any
7187 recognized entity of the United States, if the information was disclosed on the condition that
7188 the identity of the person be protected;
7189 (c) before the time that an investigation or audit is completed and the final
7190 investigation or final audit report is released, records or drafts circulated to a person who is not
7191 an employee or head of a governmental entity for the person's response or information;
7192 (d) records that would disclose an outline or part of any investigation, audit survey
7193 plan, or audit program; or
7194 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
7195 investigation or audit;
7196 (61) records that reveal methods used by the Office of Inspector General of Medicaid
7197 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
7198 abuse;
7199 (62) information provided to the Department of Health or the Division of Occupational
7200 and Professional Licensing under [
7201 Subsections 58-68-304(3) [
7202 (63) a record described in Section 63G-12-210;
7203 (64) captured plate data that is obtained through an automatic license plate reader
7204 system used by a governmental entity as authorized in Section 41-6a-2003;
7205 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
7206 victim, including:
7207 (a) a victim's application or request for benefits;
7208 (b) a victim's receipt or denial of benefits; and
7209 (c) any administrative notes or records made or created for the purpose of, or used to,
7210 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
7211 Reparations Fund;
7212 (66) an audio or video recording created by a body-worn camera, as that term is
7213 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
7214 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
7215 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
7216 that term is defined in Section 62A-2-101, except for recordings that:
7217 (a) depict the commission of an alleged crime;
7218 (b) record any encounter between a law enforcement officer and a person that results in
7219 death or bodily injury, or includes an instance when an officer fires a weapon;
7220 (c) record any encounter that is the subject of a complaint or a legal proceeding against
7221 a law enforcement officer or law enforcement agency;
7222 (d) contain an officer involved critical incident as defined in Subsection
7223 76-2-408(1)(d); or
7224 (e) have been requested for reclassification as a public record by a subject or
7225 authorized agent of a subject featured in the recording;
7226 (67) a record pertaining to the search process for a president of an institution of higher
7227 education described in Section 53B-2-102, except for application materials for a publicly
7228 announced finalist; and
7229 (68) an audio recording that is:
7230 (a) produced by an audio recording device that is used in conjunction with a device or
7231 piece of equipment designed or intended for resuscitating an individual or for treating an
7232 individual with a life-threatening condition;
7233 (b) produced during an emergency event when an individual employed to provide law
7234 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
7235 (i) is responding to an individual needing resuscitation or with a life-threatening
7236 condition; and
7237 (ii) uses a device or piece of equipment designed or intended for resuscitating an
7238 individual or for treating an individual with a life-threatening condition; and
7239 (c) intended and used for purposes of training emergency responders how to improve
7240 their response to an emergency situation;
7241 (69) records submitted by or prepared in relation to an applicant seeking a
7242 recommendation by the Research and General Counsel Subcommittee, the Budget
7243 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
7244 employment position with the Legislature;
7245 (70) work papers as defined in Section 31A-2-204;
7246 (71) a record made available to Adult Protective Services or a law enforcement agency
7247 under Section 61-1-206;
7248 (72) a record submitted to the Insurance Department in accordance with Section
7249 31A-37-201; and
7250 (73) a record described in Section 31A-37-503.
7251 (74) any record created by the Division of Occupational and Professional Licensing as
7252 a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); and
7253 (75) a record described in Section 72-16-306 that relates to the reporting of an injury
7254 involving an amusement ride.
7255 Section 125. Section 78B-3-416 is amended to read:
7256 78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
7257 limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
7258 fees.
7259 (1) (a) The division shall provide a hearing panel in alleged medical liability cases
7260 against health care providers as defined in Section 78B-3-403, except dentists.
7261 (b) (i) The division shall establish procedures for prelitigation consideration of medical
7262 liability claims for damages arising out of the provision of or alleged failure to provide health
7263 care.
7264 (ii) The division may establish rules necessary to administer the process and
7265 procedures related to prelitigation hearings and the conduct of prelitigation hearings in
7266 accordance with Sections 78B-3-416 through 78B-3-420.
7267 (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
7268 4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
7269 litigation.
7270 (d) Proceedings conducted under authority of this section are confidential, privileged,
7271 and immune from civil process.
7272 (e) The division may not provide more than one hearing panel for each alleged medical
7273 liability case against a health care provider.
7274 (2) (a) The party initiating a medical liability action shall file a request for prelitigation
7275 panel review with the division within 60 days after the service of a statutory notice of intent to
7276 commence action under Section 78B-3-412.
7277 (b) The request shall include a copy of the notice of intent to commence action. The
7278 request shall be mailed to all health care providers named in the notice and request.
7279 (3) (a) The filing of a request for prelitigation panel review under this section tolls the
7280 applicable statute of limitations until the later of:
7281 (i) 60 days following the division's issuance of:
7282 (A) an opinion by the prelitigation panel; or
7283 (B) a certificate of compliance under Section 78B-3-418; or
7284 (ii) the expiration of the time for holding a hearing under Subsection (3)(b)(ii).
7285 (b) The division shall:
7286 (i) send any opinion issued by the panel to all parties by regular mail; and
7287 (ii) complete a prelitigation hearing under this section within:
7288 (A) 180 days after the filing of the request for prelitigation panel review; or
7289 (B) any longer period as agreed upon in writing by all parties to the review.
7290 (c) If the prelitigation hearing has not been completed within the time limits
7291 established in Subsection (3)(b)(ii), the claimant shall:
7292 (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
7293 (ii) file an affidavit with the division within 180 days of the request for pre-litigation
7294 review, in accordance with Subsection (3)(d), alleging that the respondent has failed to
7295 reasonably cooperate in scheduling the hearing.
7296 (d) If the claimant files an affidavit under Subsection (3)(c)(ii):
7297 (i) within 15 days of the filing of the affidavit under Subsection (3)(c)(ii), the division
7298 shall determine whether either the respondent or the claimant failed to reasonably cooperate in
7299 the scheduling of a pre-litigation hearing; and
7300 (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
7301 scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
7302 shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;
7303 or
7304 (B) if the division makes a determination other than the determination in Subsection
7305 (3)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
7306 within 30 days of the determination of the division under this Subsection (3).
7307 (e) (i) The claimant and any respondent may agree by written stipulation that no useful
7308 purpose would be served by convening a prelitigation panel under this section.
7309 (ii) When the stipulation is filed with the division, the division shall within 10 days
7310 after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
7311 stipulating respondent, and stating that the claimant has complied with all conditions precedent
7312 to the commencement of litigation regarding the claim.
7313 (4) The division shall provide for and appoint an appropriate panel or panels to hear
7314 complaints of medical liability and damages, made by or on behalf of any patient who is an
7315 alleged victim of medical liability. The panels are composed of:
7316 (a) one member who is a resident lawyer currently licensed and in good standing to
7317 practice law in this state and who shall serve as chairman of the panel, who is appointed by the
7318 division from among qualified individuals who have registered with the division indicating a
7319 willingness to serve as panel members, and a willingness to comply with the rules of
7320 professional conduct governing lawyers in the state, and who has completed division training
7321 regarding conduct of panel hearings;
7322 (b) (i) one [
7323 providers listed under Section 78B-3-403, who [
7324 same specialty as the proposed defendant, and who [
7325 accordance with Subsection (5); or
7326 (ii) in claims against only [
7327 employees, one member who is an individual currently serving in a [
7328 facility administration position directly related to [
7329 conduct that includes responsibility for the area of practice that is the subject of the liability
7330 claim, and who is appointed by the division; and
7331 (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
7332 provider, and who is a responsible citizen of the state, selected and appointed by the division
7333 from among individuals who have completed division training with respect to panel hearings.
7334 (5) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
7335 under a license issued by the state, is obligated as a condition of holding that license to
7336 participate as a member of a medical liability prelitigation panel at reasonable times, places,
7337 and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
7338 division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
7339 (b) A licensee may be excused from appearance and participation as a panel member
7340 upon the division finding participation by the licensee will create an unreasonable burden or
7341 hardship upon the licensee.
7342 (c) A licensee whom the division finds failed to appear and participate as a panel
7343 member when so ordered, without adequate explanation or justification and without being
7344 excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
7345 (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
7346 participate as a panel member when so ordered, without adequate explanation or justification
7347 and without being excused for cause by the division, may be assessed an administrative fine not
7348 to exceed $5,000, and is guilty of unprofessional conduct.
7349 (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the
7350 Physicians Education Fund created in Section 58-67a-1.
7351 (f) The director of the division may collect a fine that is not paid by:
7352 (i) referring the matter to a collection agency; or
7353 (ii) bringing an action in the district court of the county where the person against whom
7354 the penalty is imposed resides or in the county where the office of the director is located.
7355 (g) A county attorney or the attorney general of the state shall provide legal assistance
7356 and advice to the director in an action to collect a fine.
7357 (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
7358 action brought by the division to collect a fine.
7359 (6) Each person selected as a panel member shall certify, under oath, that he has no
7360 bias or conflict of interest with respect to any matter under consideration.
7361 (7) A member of the prelitigation hearing panel may not receive compensation or
7362 benefits for the member's service, but may receive per diem and travel expenses in accordance
7363 with:
7364 (a) Section 63A-3-106;
7365 (b) Section 63A-3-107; and
7366 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7367 63A-3-107.
7368 (8) (a) In addition to the actual cost of administering the licensure of health care
7369 providers, the division may set license fees of health care providers within the limits
7370 established by law equal to their proportionate costs of administering prelitigation panels.
7371 (b) The claimant bears none of the costs of administering the prelitigation panel except
7372 under Section 78B-3-420.