1     
DIVISION OF OCCUPATIONAL AND PROFESSIONAL

2     
LICENSING AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis S. Bramble

6     
House Sponsor: James A. Dunnigan

7     

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          [(b) offer an opinion regarding the interpretation of or the application of a code if a
225     person submits a request for an opinion;]

226          [(c)] (b) act as an appeals board as provided in Section 15A-1-207;
227          [(d)] (c) establish advisory peer committees on either a standing or ad hoc basis to
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          [(e)] (d) assist the division in overseeing code-related training in accordance with
231     Section 15A-1-209.
232          [(11) A person requesting an opinion under Subsection (10)(b) shall submit a formal
233     request clearly stating:]
234          [(a) the facts in question;]
235          [(b) the specific citation at issue in a code; and]
236          [(c) the position taken by the persons involved in the facts in question.]
237          [(12)] (11) (a) In a manner consistent with Subsection [(10)(d)] (10)(c), the
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 [criminal background information] local
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          [(f)] (g) Section 58-63-302 of Title 58, Chapter 63, Security Personnel Licensing Act;
368          [(g)] (h) Section 58-64-302 of Title 58, Chapter 64, Deception Detection Examiners
369     Licensing Act;
370          [(h)] (i) Sections 58-67-302 and 58-67-302.1 of Title 58, Chapter 67, Utah Medical
371     Practice Act; and
372          [(i)] (j) Sections 58-68-302 and 58-68-302.1 of Title 58, Chapter 68, Utah Osteopathic
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 [send the division a signed
385     statement, in a form required by the division, notifying] notify the division within 10 business
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 [may] shall provide to the division, in a form [required] approved by the division, an
391     email address [and may designate email as the preferred method of receiving notifications from
392     the division].
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[, if email has been designated by the applicant, licensee, or certificate holder as the
399     preferred method of receiving notifications from the division].
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), [and] (4), and (5), the division [may] shall issue a
403     license without examination to a person who has been licensed in a state, district, or territory of
404     the United States [or in a foreign country] if:
405          [(a) the division determines the education, experience, and examination requirements
406     of the state, district, or territory of the United States or the foreign country, at the time the
407     license was issued, were substantially equal to the current requirements of this state; or]
408          [(b) after being licensed outside of this state, the person has at least one year of
409     experience in the state, district, or territory of the United States where the license was issued,
410     and the division determines the person has the education, experience, and skills necessary to
411     demonstrate competency in the occupation or profession for which licensure is sought.]
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     [requirements of Subsection (1)] administration and requirements of this section.
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          [(3)] (4) Before a [resident] person may be issued a license under this section, the
428     [resident] person shall:
429          (a) pay a fee determined by the department under Section 63J-1-504; and
430          (b) produce satisfactory evidence of the [resident's] person's identity, qualifications,
431     and good standing in the occupation or profession for which licensure is sought.
432          [(4)] (5) In accordance with Section 58-1-107, licensure endorsement provisions in this
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; [and]
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[.]; and
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; [or]

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[.]; or
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[, or aiding or abetting any other person to violate,] any statute, rule, or
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) [The] Subject to the time limitations described in Subsection 58-1-401(6), the
733     division may not issue a citation under this section after the expiration of one year following
734     the [occurrence of a violation] date on which the violation that is the subject of the citation is
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          [(c) provide satisfactory evidence of good moral character;]
773          [(d)] (c) have graduated and received an earned bachelors or masters degree from an
774     architecture program meeting criteria established by rule by the division in collaboration with
775     the board;
776          [(e)] (d) have successfully completed a program of diversified practical experience
777     established by rule by the division in collaboration with the board;
778          [(f)] (e) have successfully passed examinations established by rule by the division in
779     collaboration with the board; and
780          [(g)] (f) meet with the board or representative of the division upon request for the
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          [(c) provide satisfactory evidence of good moral character;]

786          [(d)] (c) submit satisfactory evidence of:
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          [(e)] (d) have successfully passed any examination established by rule by the division
796     in collaboration with the board; and
797          [(f)] (e) meet with the board or representative of the division upon request for the
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 [draftsman] person from
835     preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those
836     plans to a licensed architect for [his] review, approval, and subsequent fixing of the architect's
837     seal to that set of plans [if they meet the building code standards].
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 [six months
878     following the occurrence of any violation] one year following the date on which the violation
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          [(3) be of good moral character;]
905          [(4)] (3) provide satisfactory documentation of having successfully completed a
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          [(5)] (4) if licensed on or after July 1, 2015, satisfy the division and board that the
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 [(4)] (3);
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          [(6)] (5) pass examinations required by rule.
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[(3)](4) and the requirements established by rule by the
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          [(3)] (4) "Approved master esthetician apprenticeship" means an apprenticeship that
942     meets the requirements of Subsection 58-11a-306[(4)](5) and the requirements established by
943     rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
944     Utah Administrative Rulemaking Act.
945          [(4)] (5) "Approved nail technician apprenticeship" means an apprenticeship that meets
946     the requirements of Subsection 58-11a-306[(5)](6) and the requirements established by rule by
947     the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
948     Administrative Rulemaking Act.
949          [(5)] (6) "Barber" means a person who is licensed under this chapter to engage in the
950     practice of barbering.
951          [(6)] (7) "Barber instructor" means a barber who is licensed under this chapter to
952     engage in the practice of barbering instruction.
953          [(7)] (8) "Board" means the Cosmetology and Associated Professions Licensing Board

954     created in Section 58-11a-201.
955          [(8)] (9) "Cosmetic laser procedure" includes a nonablative procedure as defined in
956     Section 58-67-102.
957          [(9)] (10) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
958          [(10)] (11) "Cosmetologist/barber" means a person who is licensed under this chapter
959     to engage in the practice of cosmetology/barbering.
960          [(11)] (12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is
961     licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
962          [(12)] (13) "Direct supervision" means that the supervisor of an apprentice or the
963     instructor of a student is immediately available for consultation, advice, instruction, and
964     evaluation.
965          [(13)] (14) "Electrologist" means a person who is licensed under this chapter to engage
966     in the practice of electrology.
967          [(14)] (15) "Electrologist instructor" means an electrologist who is licensed under this
968     chapter to engage in the practice of electrology instruction.
969          [(15)] (16) "Esthetician" means a person who is licensed under this chapter to engage
970     in the practice of esthetics.
971          [(16)] (17) "Esthetician instructor" means a master esthetician who is licensed under
972     this chapter to engage in the practice of esthetics instruction.
973          [(17)] (18) "Fund" means the Cosmetology and Associated Professions Education and
974     Enforcement Fund created in Section 58-11a-103.
975          [(18)] (19) (a) "Hair braiding" means the twisting, weaving, or interweaving of a
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          [(19)] (20) "Hair designer" means a person who is licensed under this chapter to
1004     engage in the practice of hair design.
1005          [(20)] (21) "Hair designer instructor" means a hair designer who is licensed under this
1006     chapter to engage in the practice of hair design instruction.
1007          [(21)] (22) "Licensed barber or cosmetology/barber school" means a barber or
1008     cosmetology/barber school licensed under this chapter.
1009          [(22)] (23) "Licensed electrology school" means an electrology school licensed under

1010     this chapter.
1011          [(23)] (24) "Licensed esthetics school" means an esthetics school licensed under this
1012     chapter.
1013          [(24)] (25) "Licensed hair design school" means a hair design school licensed under
1014     this chapter.
1015          [(25)] (26) "Licensed nail technology school" means a nail technology school licensed
1016     under this chapter.
1017          [(26)] (27) "Master esthetician" means an individual who is licensed under this chapter
1018     to engage in the practice of master-level esthetics.
1019          [(27)] (28) "Nail technician" means an individual who is licensed under this chapter to
1020     engage in the practice of nail technology.
1021          [(28)] (29) "Nail technician instructor" means a nail technician licensed under this
1022     chapter to engage in the practice of nail technology instruction.
1023          [(29)] (30) "Practice of barbering" means:
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 [(29)] (30), gently
1030     massaging the head, back of the neck, and shoulders by manual or mechanical means.
1031          [(30)] (31) "Practice of barbering instruction" means teaching the practice of barbering
1032     at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
1033     apprenticeship.
1034          [(31)] (32) "Practice of basic esthetics" means any one of the following skin care
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 [(31)(f)(i)] (32)(f)(i), cosmetic laser procedures
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          [(32)] (33) (a) "Practice of cosmetology/barbering" means:
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          [(33)] (34) "Practice of cosmetology/barbering instruction" means teaching the practice
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          [(34)] (35) "Practice of electrology" means:
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          [(35)] (36) "Practice of electrology instruction" means teaching the practice of
1087     electrology at a licensed electrology school.
1088          [(36)] (37) "Practice of esthetics instruction" means teaching the practice of basic
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          [(37)] (38) "Practice of hair design" means:

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          [(38)] (39) "Practice of hair design instruction" means teaching the practice of hair
1104     design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
1105     barber school.
1106          [(39)] (40) (a) "Practice of master-level esthetics" means:
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 [(39)(a)] (40)(a), a master-level
1131     esthetician may perform procedures listed in Subsection [(39)(a)(i)(H)] (40)(a)(i)(H) if done
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          [(40)] (41) "Practice of nail technology" means to trim, cut, clean, manicure, shape,
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          [(41)] (42) "Practice of nail technology instruction" means teaching the practice of nail
1142     technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
1143     an approved nail technician apprenticeship.
1144          [(42)] (43) "Recognized barber school" means a barber school located in a state other
1145     than Utah, whose students, upon graduation, are recognized as having completed the
1146     educational requirements for licensure in that state.
1147          [(43)] (44) "Recognized cosmetology/barber school" means a cosmetology/barber
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          [(44)] (45) "Recognized electrology school" means an electrology school located in a
1151     state other than Utah, whose students, upon graduation, are recognized as having completed the
1152     educational requirements for licensure in that state.
1153          [(45)] (46) "Recognized esthetics school" means an esthetics school located in a state
1154     other than Utah, whose students, upon graduation, are recognized as having completed the
1155     educational requirements for licensure in that state.
1156          [(46)] (47) "Recognized hair design school" means a hair design school located in a
1157     state other than Utah, whose students, upon graduation, are recognized as having completed the
1158     educational requirements for licensure in that state.
1159          [(47)] (48) "Recognized nail technology school" means a nail technology school
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          [(48)] (49) "Salon" means a place, shop, or establishment in which
1163     cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
1164          [(49)] (50) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
1165          [(50)] (51) "Unprofessional conduct" is as defined in Sections 58-1-501 and
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          [(c) be of good moral character;]
1174          [(d)] (c) provide satisfactory documentation of:
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 [(1)(d)(ii)(A)] (1)(c)(ii)(A); or
1184          (iii) completion of an approved barber apprenticeship; and
1185          [(e)] (d) meet the examination requirement established by rule.
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          [(d) be of good moral character;]
1193          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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          [(c) be of good moral character;]
1219          [(d)] (c) provide satisfactory documentation of:
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 [(4)(d)(ii)(A)] (4)(c)(ii)(A); or
1229          (iii) completion of an approved cosmetology/barber apprenticeship; and
1230          [(e)] (d) meet the examination requirement established by rule.
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          [(d) be of good moral character;]
1238          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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          [(c) be of good moral character;]
1264          [(d)] (c) provide satisfactory documentation of having graduated from a licensed or
1265     recognized electrology school after completing a curriculum of 600 hours of instruction or the
1266     equivalent number of credit hours; and
1267          [(e)] (d) meet the examination requirement established by rule.
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          [(d) be of good moral character;]
1275          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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          [(c) be of good moral character;]
1300          [(d)] (c) provide satisfactory documentation of one of the following:
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 [(10)(d)(iii)(A)] (10)(c)(iii)(A); and
1311          [(e)] (d) meet the examination requirement established by division rule.
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          [(c) be of good moral character;]
1316          [(d)] (c) provide satisfactory documentation of:
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          [(e)] (d) if the applicant will practice lymphatic massage, provide satisfactory
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          [(f)] (e) meet the examination requirement established by division rule.
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          [(d) be of good moral character;]
1338          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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          [(c) be of good moral character;]
1364          [(d)] (c) provide satisfactory documentation of:
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 [(14)(d)(ii)(A); or] (14)(c)(ii)(A);
1375          (iii) being a state licensed cosmetologist/barber; [and] or
1376          (iv) completion of an approved hair designer apprenticeship; and
1377          [(e)] (d) meet the examination requirements established by rule.
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          [(d) be of good moral character;]
1385          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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          [(c) be of good moral character;]
1412          [(d)] (c) provide satisfactory documentation of:
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 [(17)(d)(ii)(A)] (17)(c)(ii)(A); or
1422          (iii) completion of an approved nail technician apprenticeship; and
1423          [(e)] (d) meet the examination requirement established by division rule.
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          [(d) be of good moral character;]
1431          [(e)] (d) provide satisfactory documentation of completion of:
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          [(f)] (e) meet the examination requirement established by rule.
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 [or], cosmetology/barber, or hair design
1515     school when participating in an on the job training internship under the direct supervision of a
1516     licensed barber [or], cosmetologist/barber, or hair designer upon completion of a basic program
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 [in not less than eight months]; and

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 [in not less than 15 months]; and
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          [(3)] (4) An approved esthetician apprenticeship shall:
1561          (a) consist of not less than 800 hours of training [in not less than five months]; and
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          [(4)] (5) An approved master esthetician apprenticeship shall:
1567          (a) consist of not less than 1,500 hours of training [in not less than 10 months]; and
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          [(5)] (6) An approved nail technician apprenticeship shall:
1573          (a) consist of not less than 375 hours of training [in not less than three months]; and
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          [(6)] (7) A person seeking to qualify for licensure by apprenticing in an approved
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          [(7)] (8) Notwithstanding Subsection [(6)] (7), if a person seeking to qualify for
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          [(2) aiding or abetting a person engaging in the practice of, or attempting to engage in
1604     the practice of, any occupation or profession licensed under this chapter if the employee is not
1605     licensed to do so under this chapter or exempt from licensure;]
1606          [(3)] (2) touching, or applying an instrument or device to the following areas of a
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          [(4)] (3) using or possessing a solution composed of at least 10% methyl methacrylete
1617     on a client;
1618          [(5)] (4) performing an ablative procedure as defined in Section 58-67-102;
1619          [(6)] (5) when acting as an instructor regarding a service requiring licensure under this
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          [(7)] (6) failing as a salon or school where nail technology is practiced or taught to
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), [(2), (4), (5), (6), or (7).]
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), [(2), (4), (5), (6), or (7)] (3), (4), (5), or
1643     (6), or a rule or order issued with respect to Subsection 58-11a-502(1), [(2), (4), (5), (6), or (7)]
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), [(2), (4), (5), (6), or (7)]
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), [(2), (4), (5), (6), or (7)] (3), (4), (5), or (6).

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 [six months
1678     following the occurrence of a violation] one year following the date on which the violation that
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), [(2), (4), (5), (6), or (7)] (3),
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), [(2), (4), (5), (6), or (7)] (3), (4), (5), or (6); and
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 [facilities of any]:
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[.]; or
1720          (b) the superintendent of the Utah State Developmental Center described in Section
1721     62A-5-201.
1722          (2) Any [facilities] facility or person exempted under this section shall comply with
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[; and].

1794          [(g) a person, not licensed as an optometrist, directing a licensee under this chapter to
1795     withhold or alter the eye care services the licensee has ordered.]
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          [(c) be of good moral character;]
1813          [(d)] (c) (i) be a doctoral graduate of a recognized school of optometry accredited by
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 [(1)(d)(i)] (1)(c)(i),
1817     as demonstrated by the applicant for licensure;
1818          [(e)] (d) if the applicant graduated from a recognized school of optometry prior to July
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          [(f)] (e) have passed examinations approved by the division in consultation with the

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          [(g)] (f) meet with the board and representatives of the division, if requested by either
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          [(c) provides satisfactory evidence to the division that the individual is of good moral
1834     character;]
1835          [(d)] (c) verifies that the individual is licensed as an optometrist in good standing in
1836     each state of the United States, or province of Canada, in which the individual is currently
1837     licensed as an optometrist; and
1838          [(e)] (d) has been actively engaged in the legal practice of optometry for at least 3,200
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          [(2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
1847     diploma, license, certificate, or registration;]
1848          [(3)] (2) selling or providing contact lenses or ophthalmic lenses in a manner
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          [(4)] (3) representing oneself as or using the title of "optometrist," "optometric
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[(3)](2) is guilty of a class C
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          [(c) produce satisfactory evidence of good moral character as it relates to the
1866     applicant's ability to practice pharmacy;]
1867          [(d)] (c) complete a criminal background check and be free from criminal convictions
1868     as described in Section 58-1-501;
1869          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant
1870     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1871     public;
1872          [(f)] (e) have graduated and received a professional entry degree from a school or
1873     college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
1874          [(g)] (f) have completed an internship meeting standards established by division rule
1875     made in collaboration with the board; and
1876          [(h)] (g) have successfully passed examinations required by division rule made in
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 [(e), (g), and (h)] (d), (f), and (g), obtain a certification of
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          [(c) be of good moral character as required of applicants for licensure as pharmacists
1887     under Subsection (1);]
1888          [(d)] (c) complete a criminal background check and be free from criminal convictions
1889     as described in Section 58-1-501;
1890          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant
1891     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1892     public;
1893          [(f)] (e) have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in
1894     the four years immediately preceding the date of application;
1895          [(g)] (f) produce satisfactory evidence of completing the professional education
1896     required under Subsection (1);
1897          [(h)] (g) be currently licensed in good standing as a pharmacist in another state,
1898     territory, or possession of the United States;
1899          [(i)] (h) produce satisfactory evidence that the examination requirements are or were at
1900     the time the license was issued, equal to those of this state; and
1901          [(j)] (i) pass the jurisprudence examination prescribed by division rule made in
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          [(3) produce satisfactory evidence of good moral character as it relates to the
1909     applicant's ability to practice pharmacy;]
1910          [(4)] (3) complete a criminal background check and be free from criminal convictions
1911     as described in Section 58-1-501;
1912          [(5)] (4) have no physical or mental condition of a nature which prevents the applicant
1913     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1914     public;
1915          [(6)] (5) meet the preliminary educational qualifications required by division rule made
1916     in collaboration with the board; and
1917          [(7)] (6) meet one of the following educational criteria:
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          [(c) produce satisfactory evidence of good moral character as it relates to the
1929     applicant's ability to practice pharmacy;]
1930          [(d)] (c) complete a criminal background check and be free from criminal convictions
1931     as described in Section 58-1-501;
1932          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant
1933     from engaging in practice as a pharmacy technician with reasonable skill, competency, and

1934     safety to the public;
1935          [(f)] (e) have completed a program and curriculum of education and training, meeting
1936     standards established by division rule made in collaboration with the board; and
1937          [(g)] (f) successfully complete the examinations requirement within the time periods
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          [(c) submit satisfactory evidence, as determined by the division, of good moral
1948     character as it relates to the applicant's ability to practice pharmacy;]
1949          [(d)] (c) unless exempted by the division, submit a completed criminal background
1950     check;
1951          [(e)] (d) demonstrate, as determined by the division, that the applicant does not have a
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          [(f)] (e) submit evidence that the applicant is enrolled in a training program approved
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 [58-17b-304(7)(b)]
1968     58-17b-304(6)(b); or
1969          (b) five years for a license issued under Subsection [58-17b-304(7)(a)]
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 [six months
2043     following the occurrence of any violation] one year following the date on which the violation
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          [(a)] (i) a permanent closure of the pharmacy facility;
2058          [(b)] (ii) a change of name or ownership of the pharmacy facility;
2059          [(c)] (iii) a change of location of the pharmacy facility;
2060          [(d)] (iv) a sale or transfer of any controlled substance as a result of the permanent
2061     closing or change of ownership of the pharmacy facility; or
2062          [(e)] (v) any matter or occurrence that the [board] division requires by rule to be
2063     reported; or
2064          (b) after the day on which:
2065          [(f)] (i) a final administrative disciplinary order is issued against the pharmacy license
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; [or]
2068          [(g)] (ii) a final order against a pharmacist is issued who is designated as the
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[.]; or
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          [(c) be of good moral character;]
2085          [(d)] (c) hold, at a minimum, a bachelor's degree from an accredited program in a
2086     university or college, which degree includes completion of specific course work as defined by
2087     rule;
2088          [(e)] (d) pass an examination as determined by division rule in collaboration with the
2089     board; and
2090          [(f)] (e) pass the Utah Law and Rules Examination for Environmental Health Scientists
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          [(c) be of good moral character;]
2096          [(d)] (c) hold, at a minimum, a bachelor's degree from an accredited program in a
2097     university or college, which degree includes completion of specific course work as defined by
2098     rule;
2099          [(e)] (d) pass the Utah Law and Rules Examination for Environmental Health
2100     Scientists administered by the division; and
2101          [(f)] (e) present evidence acceptable to the division and the board that the applicant,

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          [(c) provide satisfactory evidence of good moral character;]
2249          [(d)] (c) (i) have graduated and received a bachelors or masters degree from an
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          [(e)] (d) have successfully completed a program of qualifying experience established
2256     by rule by the division in collaboration with the board;
2257          [(f)] (e) have successfully passed examinations established by rule by the division in
2258     collaboration with the board; and
2259          [(g)] (f) meet with the board or representative of the division upon request for the
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          [(c) provide satisfactory evidence of good moral character;]
2265          [(d)] (c) have graduated and received an earned bachelors or masters degree from an
2266     engineering program meeting criteria established by rule by the division in collaboration with
2267     the board;
2268          [(e)] (d) have successfully completed three years of licensed professional engineering
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          [(f)] (e) have successfully passed examinations established by rule by the division in
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          [(g)] (f) meet with the board or representative of the division upon request for the
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          [(c) provide satisfactory evidence of good moral character;]
2283          [(d)] (c) (i) have graduated and received an associates, bachelors, or masters degree
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          [(e)] (d) have successfully passed examinations established by rule by the division in
2293     collaboration with the board; and
2294          [(f)] (e) meet with the board or representative of the division upon request for the
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          [(c) provide satisfactory evidence of good moral character;]
2300          [(d)] (c) submit satisfactory evidence of:
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          [(e)] (d) meet with the board or representative of the division upon request for the
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 [draftsman] person from
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[, if the plans meet the building code standards].
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 [six months
2419     following the occurrence of any violation] one year following the date on which the violation
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          [(a) be of good moral character;]
2444          [(b)] (a) complete the application process, including payment of fees;
2445          [(c)] (b) submit proof of graduation from a professional physical therapist education
2446     program that is accredited by a recognized accreditation agency;
2447          [(d)] (c) pass a licensing examination:
2448          (i) after complying with Subsection [(1)(c)] (1)(b); or
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          [(e)] (d) be able to read, write, speak, understand, and be understood in the English
2452     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2453          [(f) if the applicant is applying to participate in the Physical Therapy Licensure
2454     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
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          [(g)] (f) meet any other requirements established by the division, by rule made in
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          [(a) be of good moral character;]
2462          [(b)] (a) complete the application process, including payment of fees set by the
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          [(c)] (b) submit proof of graduation from a physical therapist assistant education

2466     program that is accredited by a recognized accreditation agency;
2467          [(d)] (c) pass a licensing examination approved by division rule made in collaboration
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 [(2)(c)] (2)(b); or
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          [(e)] (d) be able to read, write, speak, understand, and be understood in the English
2474     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2475          [(f)] (e) submit to, and pass, a criminal background check, in accordance with Section
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          [(g)] (f) meet any other requirements established by the division, by rule made in
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          [(a) be of good moral character;]
2483          [(b)] (a) complete the application process, including payment of fees;
2484          [(c)] (b) (i) provide satisfactory evidence that the applicant graduated from a
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     [(3)(c)(ii)(A)] (3)(b)(ii)(A) is recognized by the government entity responsible for recognizing
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          [(d)] (c) after complying with Subsection [(3)(c)] (3)(b), pass a licensing examination;
2496          [(e)] (d) be able to read, write, speak, understand, and be understood in the English
2497     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2498          [(f) if the applicant is applying to participate in the Physical Therapy Licensure
2499     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
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          [(g)] (f) meet any other requirements established by the division, by rule made in
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          [(a) is of good moral character;]
2509          [(b)] (a) completes the application process, including payment of fees;
2510          [(c)] (b) is able to read, write, speak, understand, and be understood in the English
2511     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2512          [(d) if the applicant is applying to participate in the Physical Therapy Licensure
2513     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
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          [(e)] (d) meets any other requirements established by the division, by rule made in
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          [(c) show evidence of good moral character;]
2534          [(d)] (c) submit a certified transcript of credits from an accredited institution acceptable
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          [(e)] (d) submit evidence of one year of accounting experience in a form prescribed by
2544     the division;
2545          [(f)] (e) submit evidence of having successfully completed the qualifying examinations
2546     in accordance with Section 58-26a-306; and
2547          [(g)] (f) submit to an interview by the board, if requested, for the purpose of examining
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          [(iii) shows evidence of good moral character;]
2555          [(iv)] (iii) submits to an interview by the board, if requested, for the purpose of
2556     examining the applicant's competence and qualifications for licensure; and
2557          [(v)] (iv) (A) (I) shows evidence of having passed the qualifying examinations; and
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 [58-26a-302(1)(d)(i)] 58-26a-302(1)(c)(i); and
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 [58-26a-302(1)(d)] 58-26a-302(1)(c); and
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 [58-28-302(1)(d)] 58-28-302(1)(c).
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          [(a) be of good moral character as it relates to the functions and duties of a licensed
2674     veterinarian;]
2675          [(b)] (a) pass an examination approved by the board on the theory and practice of the
2676     science of veterinary medicine, surgery, dentistry, and other subjects determined by the board,
2677     knowledge of which is generally required of veterinarians;
2678          [(c)] (b) (i) graduate from a veterinary college accredited by the AVMA; or
2679          (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary
2680     Graduates issued by the AVMA;
2681          [(d)] (c) (i) have practiced under the supervision of a veterinarian licensed to practice
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 [(1)(d)(i)]
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          [(e)] (d) pay a fee to the Department of Commerce determined [by it pursuant to] in
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 [Subsections (1)(a) and (c)] Subsection (1)(b).
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 [(1)(d)] (1)(c) and extends
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 [58-28-302(1)(b) and (d)]
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 [six months
2800     following the occurrence of any violation] one year following the date on which the violation
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 [58-31b-502(1)(r)] 58-31b-502(1)(q), an
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) [(i) On and after January 1, 2016, a] A pharmacist shall comply with either:
2843          [(A)] (i) the submission time requirements established by the division under
2844     Subsection (1)(a)(i); or
2845          [(B)] (ii) the submission time requirements established by the division under
2846     Subsection (1)(a)(ii).
2847          [(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
2848     under this Subsection (1).]
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)[(b)](a)
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. [The patient
2877     shall provide a postal address for the division's response.]
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 [by mail postmarked] within 35
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 [postmark date of the patient's letter making a] patient's written request for a
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 [(2)(j)] (2)(k)(i) or (ii), if:
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 [Subsection] Subsections (3) and (4), data provided to,
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)[(b)](c).
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[; and].
3287          [(c) be of good moral character.]
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[; and].
3327          [(3) employing or aiding and abetting the employment of an unqualified or unlicensed
3328     person to:]
3329          [(a) practice as a recreational therapist; or]
3330          [(b) provide recreational therapy services.]
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          [(b) be of good moral character;]
3338          [(c)] (b) provide the committee with verification that the applicant is the legal holder of
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          [(d)] (c) be in compliance with the regulations of conduct and codes of ethics for the
3342     profession of audiology;
3343          [(e)] (d) submit to the board certified evidence of having completed at least one year of
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          [(f)] (e) pass a nationally standardized examination in audiology which is the same as
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), [(b), (d), (e), and (f)] (c), (d), and (e); and
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 [Subsections (1)(a) and (b)] Subsection (1)(a);
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 [(1)(e)] (1)(b), except that the supervision and attestation
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          [(c) be of good moral character as it relates to the functions and responsibilities of the
3383     practice of occupational therapy;]
3384          [(d)] (c) graduate with a bachelor's or graduate degree for the practice of occupational
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          [(e)] (d) if applying for licensure on or after July 1, 2015, complete a minimum of 24
3389     weeks of supervised fieldwork experience; and

3390          [(f)] (e) pass an examination approved by the division in consultation with the board
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          [(c) be of good moral character as it relates to the functions and responsibilities of the
3399     practice of occupational therapy;]
3400          [(d)] (c) graduate from an educational program for the practice of occupational therapy
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          [(e)] (d) if applying for licensure on or after July 1, 2015, complete a minimum of 16
3405     weeks of supervised fieldwork experience; and
3406          [(f)] (e) pass an examination approved by the division in consultation with the board
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 [(1)(f) or (2)(f)] (1)(e) or (2)(e).
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          [(3) employing or aiding and abetting an unqualified or unlicensed person to engage or
3428     offer to engage in the practice of occupational therapy unless the person is exempted from
3429     licensure under Section 58-1-307 or 58-42a-304; and]
3430          [(4)] (3) obtaining a license under this chapter by means of fraud, misrepresentation, or
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          [(c) be of good moral character;]
3438          [(d)] (c) have qualified for and currently hold board certification by the National Board
3439     for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
3440     division in collaboration with the board;
3441          [(e)] (d) have passed the Utah Law and Rules Examination for Hearing Instrument
3442     Specialists; and
3443          [(f)] (e) if the applicant holds a hearing instrument intern license, surrender the hearing
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          [(c) be of good moral character;]
3449          [(d)] (c) have passed the Utah Law and Rules Examination for Hearing Instrument
3450     Specialists; and
3451          [(e)] (d) present evidence acceptable to the division and the board that the applicant,
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          [(c) be of good moral character;]
3467          [(d)] (c) be 18 years of age or older;
3468          [(e)] (d) have either:
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          [(f)] (e) pass examinations established by rule by the division in collaboration with the
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          [(c) be of good moral character;]
3481          [(d)] (c) be 18 years of age or older;
3482          [(e)] (d) provide satisfactory evidence to the division that the individual will practice as
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          [(f)] (e) successfully complete an examination as required by division rule.
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          [(1) is of good moral character as it relates to the practice of dietetics;]
3513          [(2)] (1) holds a baccalaureate or post-baccalaureate degree conferred by a college or
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          [(3)] (2) has completed an internship or preplanned professional baccalaureate or
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          [(4)] (3) has satisfactorily passed a competency examination, approved by or given at
3522     the direction of the board in collaboration with the division; and
3523          [(5)] (4) has paid the appropriate fees determined by the Department of Commerce.
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 [58-49-4(2), (3), and (4)] 58-49-4(1), (2), and (3) are
3529     waived and a certificate shall be issued by the division upon application and payment of the

3530     appropriate fees by any person who, [prior to] before December 31, 1986, has provided to the
3531     division proof that on May 1, 1985, [he] the person was and is currently registered by the
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," ["dietician,"] "certified 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 [he] the person is a certified dietitian.
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 [six months
3584     following the occurrence of any violation] one year following the date on which the violation
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[; and].
3612          [(c) be of good moral character.]
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[, provided, however that the certified
3683     public accountant on the Contractors Licensing Board will continue to serve until the current
3684     term expires, after which both members under this Subsection (2)(c)(v) shall be appointed from
3685     the general public].
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 [five] seven members as follows:
3743          (i) [two] three members shall be licensed from among the license classifications of
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) [two] three members shall be licensed plumbing contractors, of whom at least one
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 [five] seven members as follows:
3765          (i) [two] three members shall be licensed from among the license classifications of
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) [two] three members shall be licensed electrical contractors, of whom at least one
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) [After approval of an applicant for a contractor's license by the applicable board
3860     and the division, the] The applicant shall file the following with the division before the division
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), [(25), or (27)] or
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 [owners] owner of property engaged in building:
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 [their] the sole owner's property for
4240     [their own] the sole owner's noncommercial, nonpublic use[; except], except that a person
4241     other than the property owner or [individuals] a person described in Subsection (1)(e), who
4242     engages in building [the] a residential structure must be licensed under this chapter if the
4243     person is otherwise required to be licensed under this chapter; or
4244          (ii) structures on [their] the sole owner's property for [their own] the sole owner's
4245     noncommercial, nonpublic use [which] that are incidental to a residential structure on the
4246     property, including [sheds, carports, or detached garages] a shed, carport, or detached garage;
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[(1)(h)].
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          [(17) aiding or abetting any person in evading the provisions of this chapter or rules
4491     established under the authority of the division to govern this chapter;]
4492          [(18)] (17) engaging in the construction trade or as a contractor for the construction of
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          [(19)] (18) failing, as an original contractor, as defined in Section 38-11-102, to
4497     include in a written contract the notification required in Section 38-11-108;
4498          [(20)] (19) wrongfully filing a preconstruction or construction lien in violation of
4499     Section 38-1a-308;
4500          [(21)] (20) if licensed as a contractor, not completing the approved continuing
4501     education required under Section 58-55-302.5;
4502          [(22)] (21) an alarm company allowing an employee with a temporary license under
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          [(23)] (22) an alarm company agent under a temporary license under Section 58-55-312
4506     engaging in conduct outside the scope of the temporary license, as provided in Subsection
4507     58-55-312(3)(a)(ii);
4508          [(24)] (23) (a) an unincorporated entity licensed under this chapter having an individual
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          [(25)] (24) an unincorporated entity failing to provide the following for an individual
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 [(25)] (24)(a)(i) if
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          [(26)] (25) the failure of a sign installation contractor or nonelectrical outdoor
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          [(27)] (26) (a) an unincorporated entity licensed under this chapter having an individual
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          [(28)] (27) a contractor failing to comply with a requirement imposed by a political
4543     subdivision, state agency, or board of education under Section 58-55-310; or
4544          [(29)] (28) failing to timely comply with the requirements described in Section
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), [or (29),] or Subsection 58-55-504(2), or who fails to comply with a citation issued under
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), [(19)] (18), (20), (21), (22), (23), (24), (25), (26), (27), or (28), [or (29),]
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), [(19)] (18), (20), (21), (22), (23), (24),
4582     (25), (26), (27), or (28), [or (29),] or Subsection 58-55-504(2), as evidenced by an uncontested
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), [(14)] (18), (19), (20), (21), (24), (25), (26), (27), or (28), [or (29),] or
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 [six months
4614     following the occurrence of a violation] one year following the date on which the violation that
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), [(19)] (18), (23), (24), (25), (26), (27), or (28), [or (29),] or Subsection
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), [(19)] (18), (23), (24), (25), (26), (27), or (28), [or (29),] or Subsection
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     [or (25)] two or more times within a 12-month period, unless, with respect to a violation of
4645     Subsection 58-55-501[(24)](23), the licensee can demonstrate that the licensee successfully
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     [or (25)] for each individual is considered a separate violation.

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 [six months
4718     following the occurrence of the violation] one year following the date on which the violation
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          [(c) show evidence of good moral character;]
4759          [(d)] (c) possess a high school education or its equivalent, as determined by the
4760     division in collaboration with the board;
4761          [(e)] (d) have completed a respiratory care practitioner educational program that is

4762     accredited by a nationally accredited organization acceptable to the division as defined by rule;
4763     and
4764          [(f)] (e) pass an examination approved by the division in collaboration with the board.
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)[(f)](e); or
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 [moral character and] professional standing, and has no disciplinary
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) [is of good moral character and] has no disciplinary action pending or in effect
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          [(c) be of good moral character;]
4854          [(d)] (c) produce certified transcripts from an accredited institution of higher education
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          [(e)] (d) have completed a minimum of 4,000 hours of clinical social work training as
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          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
4876     training in mental health therapy obtained after completion of the education requirement in
4877     Subsection [(1)(d)] (1)(c), which training may be included as part of the 4,000 hours of training
4878     in Subsection [(1)(e)] (1)(d), and of which documented evidence demonstrates not less than
4879     100 of the hours were obtained under the direct supervision, as defined by rule, of a supervisor
4880     described in Subsection [(1)(e)(ii)] (1)(d)(ii);
4881          [(g)] (f) have completed a case work, group work, or family treatment course sequence
4882     with a clinical practicum in content as defined by rule under Section 58-1-203; and
4883          [(h)] (g) pass the examination requirement established by rule under Section 58-1-203.
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          [(c) be of good moral character;]
4888          [(d)] (c) produce certified transcripts from an accredited institution of higher education
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          [(e)] (d) pass the examination requirement established by rule under Section 58-1-203.
4897          (3) (a) An applicant for certification as a certified social worker intern shall meet the
4898     requirements of Subsections (2)(a), (b), [(c), and (d)] and (c).
4899          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
4900     examination required under Subsection [(2)(e)] (2)(d) or six months, whichever occurs first.
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 [(1)(e)(ii)]
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          [(c) be of good moral character;]
4908          [(d)] (c) produce certified transcripts from an accredited institution of higher education
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          [(e)] (d) pass the examination requirement established by rule under Section 58-1-203.
4929          (5) The division shall ensure that the rules for an examination described under

4930     Subsections [(1)(h), (2)(e), and (4)(e)] (1)(g), (2)(d), and (4)(d) allow additional time to
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)[(e)](d)(ii)
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          [(c) be of good moral character;]
4963          [(d)] (c) produce certified transcripts evidencing completion of a masters or doctorate
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          [(e)] (d) have completed a minimum of 4,000 hours of marriage and family therapy
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 [(1)(d)]
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          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
4979     training in mental health therapy obtained after completion of the education requirement
4980     described in Subsection [(1)(d)(i) or (1)(d)(ii)] (1)(c)(i) or (1)(c)(ii), which training may be
4981     included as part of the 4,000 hours of training described in Subsection [(1)(e)] (1)(d), and of
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          [(g)] (f) pass the examination requirement established by division rule under Section

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 [(1)(a), (b), (c), and (d)] (1)(a), (b), and (c).
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 [(1)(e)
4991     and (f)] (1)(d) and (e) and extends not more than one year from the date the minimum
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)[(d)](c).
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)[(d)](c), a licensed associate marriage and family therapist may engage
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          [(c) be of good moral character;]
5026          [(d)] (c) produce certified transcripts from an accredited institution of higher education
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          [(e)] (d) have completed a minimum of 4,000 hours of clinical mental health counselor
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)[(d)](c);
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          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
5044     training in mental health therapy obtained after completion of the education requirement in
5045     Subsection [(1)(d)] (1)(c), which training may be included as part of the 4,000 hours of training
5046     in Subsection [(1)(e)] (1)(d), and of which documented evidence demonstrates not less than
5047     100 of the hours were obtained under the direct supervision of a mental health therapist, as
5048     defined by rule; and
5049          [(g)] (f) pass the examination requirement established by division rule under Section
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 [(1)(a), (b), (c), and (d)] (1)(a), (b), and (c).
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 [(1)(e) and (f)] (1)(d) and (e) and extends not more
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)[(d)](c), a licensed associate clinical mental health counselor may
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          [(c) be of good moral character;]
5090          [(d)] (c) satisfy the requirements of Subsection (2), (3), (4), (5), (6), or (7) respectively;
5091     and
5092          [(e)] (d) except for licensure as a certified substance use disorder counselor intern and a
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          [(c) be of good moral character;]
5162          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
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          [(e)] (d) have completed a minimum of 4,000 hours of psychology training as defined
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          [(f)] (e) to be qualified to engage in mental health therapy, document successful
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)[(e)](d), and for which
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          [(g)] (f) pass the examination requirement established by division rule under Section
5178     58-1-203; [and]
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) [be of good moral character and professional standing, and] not have any
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; [and]

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          [(h)] (i) meet with the board, upon request for good cause, for the purpose of
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), [(d)] (g), and (h).
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 [(1)(e) and (f)] (1)(d)
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)[(f)](e); or
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 [58-61-705(5)(e) or (6)(e)] 58-61-705(5)(d) or (6)(d); and
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          [(c) be of good moral character;]
5292          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
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          [(e)] (d) as defined by the division by administrative rule, have completed at least
5297     1,500 hours of experiential behavior analysis training within a five year period of time with a
5298     qualified supervisor; and
5299          [(f)] (e) pass the examination requirement established by division rule under Section
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          [(c) be of good moral character; and]
5306          [(d)] (c) provide official verification of current certification as a board certified
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          [(c) be of good moral character;]
5313          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
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          [(e)] (d) as defined by the division by administrative rule, have completed at least
5318     1,000 hours of experiential behavior analysis training within a five-year period of time with a
5319     qualified supervisor; and
5320          [(f)] (e) pass the examination requirement established by division rule under Section
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          [(c) be of good moral character; and]
5328          [(d)] (c) provide official verification of current certification as a board certified
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          [(c) be of good moral character;]
5336          [(d)] (c) have at least five years of experience as a professional engaged in the practice
5337     of behavior analysis on or before May 15, 2015; and
5338          [(e)] (d) be employed as a professional engaging in the practice of behavior analysis
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          [(c) be of good moral character;]
5347          [(d)] (c) have at least one year of experience as a professional engaging in the practice
5348     of behavior analysis prior to July 1, 2015; and
5349          [(e)] (d) be employed as a professional engaging in the practice of behavior analysis

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 [by registered or certified mail]; and
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 [six months following the occurrence of the alleged violation] one year
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) [shall be of good moral character in that the applicant has not] may not have been
5607     convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [which]
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) [shall be of good moral character in that the applicant has not] may not have been
5633     convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [which]
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) [shall be of good moral character in that the applicant has not] may not have been
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          [(c) be of good moral character;]
5709          [(d)] (c) if the applicant is applying to participate in the Interstate Medical Licensure
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          [(e)] (d) provide satisfactory documentation of having successfully completed a

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          [(f)] (e) satisfy the division and board that the applicant:
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)[(e)](d);
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          [(g)] (f) pass the licensing examination sequence required by division rule made in
5739     collaboration with the board;
5740          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
5741     language and demonstrate proficiency to the satisfaction of the board if requested by the board;

5742          [(i)] (h) meet with the board and representatives of the division, if requested, for the
5743     purpose of evaluating the applicant's qualifications for licensure;
5744          [(j)] (i) designate:
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          [(k)] (j) establish a method for notifying patients of the identity and location of the
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 [(e)]
5762     (d), (1)[(f)](e)(i), and (1)[(h)](g) through [(k)] (j);
5763          (d) have passed the licensing examination sequence required in Subsection [(1)(f)]
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)[(e)](d);
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)[(f)(i)](e)(i); and
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)[(e)](d).
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          [(g) is of good moral character;]
5932          [(h)] (g) is able to read, write, speak, understand, and be understood in the English
5933     language and demonstrates proficiency to the satisfaction of the division in collaboration with
5934     the board, if requested;
5935          [(i)] (h) is invited by an LCME accredited medical school in Utah to serve as a
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          [(j)] (i) pays a licensing fee set by the division under Section 63J-1-504; and
5950          [(k)] (j) has practiced medicine for at least 10 years as an attending physician.
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 [(j)] (i);
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)[(i)](h); or
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)[(i)](h) and the licensee's academic position; and
5973          (ii) at a hospital or clinic affiliated with the medical school described in Subsection
5974     (2)[(i)](h) for the purpose of teaching, clinical care, or pursuing research;
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)[(i)](h) ends.
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)[(i)](h);

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 [(d),
6006     (i), and (j)] (c), (h), and (i).
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 [(d),

6022     (1)(e)(i), and (1)(h) through (k)] (c), (1)(d)(i), and (1)(g) through (j);
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[(1)(e)(i)] (1)(d)(i); and
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)[(j)](i);
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)[(f)](e) for
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 [six months from the day on

6134     which the violation last occurred] the expiration of one year following the date on which the
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          [(c) be of good moral character;]
6157          [(d)] (c) if the applicant is applying to participate in the Interstate Medical Licensure
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          [(e)] (d) provide satisfactory documentation of having successfully completed a

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          [(f)] (e) satisfy the division and board that the applicant:
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)[(e)](d); or
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)[(e)](d);
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          [(g)] (f) pass the licensing examination sequence required by division rule, as made in
6187     collaboration with the board;
6188          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
6189     language and demonstrate proficiency to the satisfaction of the board, if requested by the board;

6190          [(i)] (h) meet with the board and representatives of the division, if requested for the
6191     purpose of evaluating the applicant's qualifications for licensure;
6192          [(j)] (i) designate:
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          [(k)] (j) establish a method for notifying patients of the identity and location of the
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 [(e),
6211     (1)(f)(i), and (1)(h) through (k)] (d), (1)(e)(i), and (1)(g) through (j);
6212          (d) have passed the licensing examination sequence required in Subsection (1)[(g)](f)
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[.]; or
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 [(d),
6267     (1)(e)(i), and (1)(h) through (k)] (c), (1)(d)(i), and (1)(g) through (j);
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)[(e)(i)](d)(i); and
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)[(j)](i);
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)[(k)](j); and
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)[(f)](e) for
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 [six months from the day on
6381     which the last violation occurred] the expiration of one year following the date on which the
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          [(c) be of good moral character;]
6398          [(d)] (c) provide satisfactory documentation of having successfully completed a
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          [(e)] (d) pass the National Board Dental Examinations as administered by the Joint
6403     Commission on National Dental Examinations of the American Dental Association;
6404          [(f)] (e) pass any regional dental clinical licensure examination approved by division
6405     rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
6406     Administrative Rulemaking Act;
6407          [(g)] (f) pass any other examinations regarding applicable law, rules, or ethics as
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          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
6411     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6412     and
6413          [(i)] (h) meet with the board if requested by the board or division for the purpose of

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 [(1)(d)] (1)(c); and
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          [(c) be of good moral character;]
6429          [(d)] (c) be a graduate holding a certificate or degree in dental hygiene from a school
6430     accredited by the Commission on Dental Accreditation of the American Dental Association;
6431          [(e)] (d) pass the National Board Dental Hygiene Examination as administered by the
6432     Joint Commission on National Dental Examinations of the American Dental Association;
6433          [(f)] (e) pass an examination consisting of practical demonstrations in the practice of
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          [(g)] (f) pass any other examinations regarding applicable law, rules, and ethics as
6437     established by rule by division rule made in collaboration with the board;
6438          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
6439     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6440     and
6441          [(i)] (h) meet with the board if requested by the board or division for the purpose of

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          [(3) be of good moral character;]
6464          [(4)] (3) have successfully completed a physician assistant program accredited by the:
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          [(5)] (4) have passed the licensing examinations required by division rule made in

6470     collaboration with the board;
6471          [(6)] (5) meet with the board and representatives of the division, if requested, for the
6472     purpose of evaluating the applicant's qualifications for licensure; and
6473          [(7)] (6) (a) if the applicant desires to practice in Utah, complete a form provided by
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     [(7)] (6)(a).
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[(4)](3).
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          [(c) be of good moral character;]
6506          [(d)] (c) provide satisfactory documentation of having successfully completed a
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          [(e)] (d) provide satisfactory documentation of having successfully completed, after
6519     successful completion of the education requirements set forth in Subsection [(1)(d)] (1)(c), 12
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          [(f)] (e) pass the licensing examination sequence required by division rule established
6525     in collaboration with the board;

6526          [(g)] (f) be able to read, write, speak, understand, and be understood in the English
6527     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6528     and
6529          [(h)] (g) meet with the board and representatives of the division, if requested, for the
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 [(1)(e)] (1)(d);
6536          (iii) have passed the examination requirements established under Subsection [(1)(f)
6537     which] (1)(e) that:
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          [(3) be of good moral character;]
6564          [(4)] (3) meet the requirements for current active certification in acupuncture under
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          [(5)] (4) pass the examination required by the division by rule;
6569          [(6)] (5) establish procedures, as defined by rule, which shall enable patients to give
6570     informed consent to treatment; and
6571          [(7)] (6) meet with the board, if requested, for the purpose of evaluating the applicant's
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          [(c) be of good moral character;]
6581          [(d)] (c) demonstrate satisfactory completion of at least two years of general study in a

6582     college or university;
6583          [(e)] (d) demonstrate having earned a degree of doctor of chiropractic from a
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          [(f)] (e) demonstrate successful completion of:
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          [(g)] (f) meet with the board, if requested, for the purpose of reviewing the applicant's
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          [(c) be of good moral character;]
6603          [(d)] (c) demonstrate having obtained licensure as a chiropractor or chiropractic
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          [(e)] (d) demonstrate successful completion of:
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          [(f)] (e) have been actively engaged in the practice of chiropractic for not less than two
6612     years immediately preceding application for licensure in this state; and
6613          [(g)] (f) meet with the board, if requested, for the purpose of reviewing the applicant's
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 [Section]
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          [(f) produce satisfactory evidence of good moral character; and]

6638          [(g)] (f) submit evidence that the applicant has completed and passed the Registered
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) [Any] A person granted a certificate to practice as a state certified court reporter
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          [(c) be of good moral character;]
6651          [(d)] (c) provide satisfactory documentation of having earned:
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          [(e)] (d) meet the examination requirement for certification as:
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 [(1)(e)] (1)(d).
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          [(3) be of good moral character;]
6669          [(4)] (3) provide satisfactory evidence of:
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          [(5)] (4) provide satisfactory evidence of:
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          [(6)] (5) after January 1, 2004, meet the examination requirement established by rule
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 [six months
6726     following the occurrence of any violation] one year following the date on which the violation
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          [(3) be of good moral character;]
6753          [(4)] (3) hold a Certified Professional Midwife certificate in good standing with the
6754     North American Registry of Midwives or equivalent certification approved by the division in
6755     collaboration with the board;
6756          [(5)] (4) hold current adult and infant CPR and newborn resuscitation certifications
6757     through an organization approved by the division in collaboration with the board; and
6758          [(6)] (5) provide documentation of successful completion of an approved
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          [(c) be of good moral character;]
6768          [(d)] (c) provide satisfactory evidence of having earned a master's degree in
6769     rehabilitation counseling or a related field;
6770          [(e)] (d) provide satisfactory evidence of having 4,000 hours of disability related work
6771     experience under the supervision of a licensed vocational rehabilitation counselor, except as
6772     otherwise provided in Subsection (2); and
6773          [(f)] (e) meet the examination requirement established by rule by the division in
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          [(c) produce satisfactory evidence of good moral character;]
6785          [(d)] (c) possess a high degree of skill and ability as a hunting guide;
6786          [(e)] (d) successfully complete basic education and training requirements established
6787     by rule by the division in collaboration with the board; and
6788          [(f)] (e) meet with the division and board if requested by the division or board.
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          [(c) produce satisfactory evidence of good moral character;]
6793          [(d)] (c) possess a high degree of skill and ability as an outfitter;
6794          [(e)] (d) successfully complete basic education and training requirements established
6795     by rule by the division in collaboration with the board; and
6796          [(f)] (e) meet with the division and board if requested by the division or board.
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          [(c) be of good moral character; and]
6805          [(d)] (c) provide satisfactory documentation that the applicant is board certified by, and

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[: (a) good moral character; and (b)] having
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 [six months
6857     following the occurrence of a violation] one year following the date on which the violation that
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 [Subsection] Subsections 58-67-304(3) and (4) and
7201     Subsections 58-68-304(3) [or] and (4);
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 [member who is a] or more members who are licensed health care [provider]
7323     providers listed under Section 78B-3-403, who [is] are practicing and knowledgeable in the
7324     same specialty as the proposed defendant, and who [is] are appointed by the division in
7325     accordance with Subsection (5); or
7326          (ii) in claims against only [hospitals or their] a health care facility or the facility's
7327     employees, one member who is an individual currently serving in a [hospital] health care
7328     facility administration position directly related to [hospital] health care facility operations or
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.