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     Committee Note:
10          The Business and Labor Interim Committee recommended this bill.
11               Legislative Vote:     10 voting for     0 voting against     10 absent
12     General Description:
13          This bill modifies provisions related to the Division of Occupational and Professional
14     Licensing (the division).
15     Highlighted Provisions:
16          This bill:
17          ▸     modifies the division's administrative fine authority;
18          ▸     modifies the responsibilities of the Uniform Building Code Commission;
19          ▸     modifies the division's licensing fees for active duty personnel;
20          ▸     modifies licensing regulations during disasters;
21          ▸     removes good moral character provisions for many licensed professions;
22          ▸     modifies provisions concerning the licensing requirements for certain cosmetology
23     related professions;
24          ▸     modifies the division's required uses of surcharges for certain professions;
25          ▸     modifies background check provisions for certain medical professions and for
26     licensed security guards;
27          ▸     modifies provisions related to the health facility administrator license;

28          ▸     modifies the citation authority of the division;
29          ▸     modifies provisions related to the incidental practice of architecture by licensed
30     professional engineers and the incidental practice of professional engineering by
31     licensed architects;
32          ▸     modifies provisions related to prelitigation panels under the Utah Health Care
33     Malpractice Act;
34          ▸     modifies provisions related to disclosing information from the controlled substance
35     database in criminal proceedings;
36          ▸     modifies provisions related to unprofessional and unlawful conduct for professions
37     regulated by the division; and
38          ▸     makes technical and conforming changes.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          None
43     Utah Code Sections Affected:
44     AMENDS:
45          15A-1-203, as last amended by Laws of Utah 2019, Chapters 20 and 119
46          38-11-102, as last amended by Laws of Utah 2018, Chapter 229
47          58-1-301.3, as enacted by Laws of Utah 2018, Chapter 331
48          58-1-301.5, as last amended by Laws of Utah 2018, Chapter 318
49          58-1-301.7, as last amended by Laws of Utah 2013, Chapter 262
50          58-1-302, as last amended by Laws of Utah 2019, Chapter 215
51          58-1-307, as last amended by Laws of Utah 2019, Chapters 136 and 349
52          58-1-501, as last amended by Laws of Utah 2019, Chapter 198
53          58-1-502, as last amended by Laws of Utah 2018, Chapter 318
54          58-3a-102, as last amended by Laws of Utah 2011, Chapter 14
55          58-3a-105, as enacted by Laws of Utah 2019, Chapter 215
56          58-3a-302, as last amended by Laws of Utah 2009, Chapter 183
57          58-3a-304, as last amended by Laws of Utah 2016, Chapter 268
58          58-5a-302, as last amended by Laws of Utah 2017, Chapter 244

59          58-11a-102, as last amended by Laws of Utah 2017, Chapters 215 and 342
60          58-11a-302, as last amended by Laws of Utah 2018, Chapters 415 and 445
61          58-11a-304, as last amended by Laws of Utah 2018, Chapter 318
62          58-11a-306, as last amended by Laws of Utah 2018, Chapter 318
63          58-11a-502, as last amended by Laws of Utah 2016, Chapters 249 and 274
64          58-15-11, as last amended by Laws of Utah 1993, Chapter 297
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          58-20b-302, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
74          58-22-102, as last amended by Laws of Utah 2017, Chapter 218
75          58-22-104, as enacted by Laws of Utah 2019, Chapter 215
76          58-22-302, as last amended by Laws of Utah 2017, Chapter 382
77          58-22-305, as last amended by Laws of Utah 2013, Chapter 262
78          58-24b-302, as last amended by Laws of Utah 2019, Chapter 101
79          58-26a-302, as last amended by Laws of Utah 2017, Chapter 229
80          58-26a-305, as last amended by Laws of Utah 2008, Chapter 265
81          58-26a-306, as last amended by Laws of Utah 2019, Chapter 122
82          58-28-301, as enacted by Laws of Utah 2006, Chapter 109
83          58-28-302, as last amended by Laws of Utah 2009, Chapter 183
84          58-28-304, as renumbered and amended by Laws of Utah 2006, Chapter 109
85          58-31b-502, as last amended by Laws of Utah 2019, Chapter 233
86          58-31b-803, as last amended by Laws of Utah 2019, Chapter 233
87          58-37f-203, as last amended by Laws of Utah 2019, Chapter 59
88          58-37f-301, as last amended by Laws of Utah 2018, Chapter 123
89          58-37f-302, as enacted by Laws of Utah 2010, Chapter 287

90          58-37f-303, as enacted by Laws of Utah 2016, Chapter 112
91          58-40-302, as last amended by Laws of Utah 2015, Chapter 77
92          58-40-501, as enacted by Laws of Utah 2012, Chapter 82
93          58-41-5, as last amended by Laws of Utah 2010, Chapter 397
94          58-42a-302, as last amended by Laws of Utah 2015, Chapters 28, 432 and last amended
95     by Coordination Clause, Laws of Utah 2015, Chapter 28
96          58-42a-501, as repealed and reenacted by Laws of Utah 2015, Chapter 432
97          58-46a-302, as last amended by Laws of Utah 2013, Chapter 87
98          58-47b-302, as last amended by Laws of Utah 2009, Chapter 183
99          58-49-4, as last amended by Laws of Utah 1989, Chapter 225
100          58-49-5, as enacted by Laws of Utah 1986, Chapter 192
101          58-49-9, as enacted by Laws of Utah 1986, Chapter 192
102          58-54-302, as last amended by Laws of Utah 2012, Chapter 369
103          58-55-103, as last amended by Laws of Utah 2016, Chapter 25
104          58-55-106, as enacted by Laws of Utah 2019, Chapter 215
105          58-55-302, as last amended by Laws of Utah 2019, Chapter 215
106          58-55-305, as last amended by Laws of Utah 2019, Chapters 136 and 215
107          58-55-308, as last amended by Laws of Utah 2019, Chapter 340
108          58-55-401, as last amended by Laws of Utah 2011, Chapter 413
109          58-55-501, as last amended by Laws of Utah 2018, Chapter 318
110          58-55-503, as last amended by Laws of Utah 2018, Chapter 318
111          58-57-4, as last amended by Laws of Utah 2009, Chapter 183
112          58-60-109, as last amended by Laws of Utah 2015, Chapter 323
113          58-60-115, as last amended by Laws of Utah 2012, Chapter 179
114          58-60-117, as last amended by Laws of Utah 2018, Chapter 318
115          58-60-205, as last amended by Laws of Utah 2019, Chapter 393
116          58-60-207, as last amended by Laws of Utah 2019, Chapter 393
117          58-60-305.5, as last amended by Laws of Utah 2009, Chapter 183
118          58-60-305, as last amended by Laws of Utah 2019, Chapter 393
119          58-60-308, as last amended by Laws of Utah 2019, Chapter 393
120          58-60-405, as last amended by Laws of Utah 2015, Chapter 77

121          58-60-407, as last amended by Laws of Utah 2019, Chapter 393
122          58-60-506, as last amended by Laws of Utah 2015, Chapter 77
123          58-61-304, as last amended by Laws of Utah 2013, Chapters 16 and 262
124          58-61-501, as last amended by Laws of Utah 2001, Chapter 281
125          58-61-704, as enacted by Laws of Utah 2015, Chapter 367
126          58-61-705, as enacted by Laws of Utah 2015, Chapter 367
127          58-63-302, as last amended by Laws of Utah 2018, Chapter 177
128          58-63-306, as last amended by Laws of Utah 2008, Chapter 246
129          58-64-302, as last amended by Laws of Utah 2016, Chapter 201
130          58-67-302, as last amended by Laws of Utah 2019, Chapter 445
131          58-67-302.5, as last amended by Laws of Utah 2019, Chapter 445
132          58-67-302.7, as last amended by Laws of Utah 2018, Chapter 318
133          58-67-302.8, as last amended by Laws of Utah 2018, Chapter 318
134          58-67-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
135          58-67-403, as last amended by Laws of Utah 2018, Chapter 318
136          58-68-302, as last amended by Laws of Utah 2019, Chapter 445
137          58-68-302.5, as last amended by Laws of Utah 2018, Chapter 318
138          58-68-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
139          58-68-403, as last amended by Laws of Utah 2018, Chapter 318
140          58-69-302, as last amended by Laws of Utah 2018, Chapter 66
141          58-70a-302, as last amended by Laws of Utah 2017, Chapter 309
142          58-70a-306, as last amended by Laws of Utah 2010, Chapter 37
143          58-71-302, as last amended by Laws of Utah 2009, Chapter 183
144          58-72-302, as last amended by Laws of Utah 2019, Chapter 485
145          58-73-302, as last amended by Laws of Utah 2009, Chapter 183
146          58-74-102, as last amended by Laws of Utah 2019, Chapter 379
147          58-74-302, as last amended by Laws of Utah 2019, Chapter 379
148          58-75-302, as last amended by Laws of Utah 2009, Chapter 183
149          58-76-302, as last amended by Laws of Utah 2009, Chapter 183
150          58-77-302, as last amended by Laws of Utah 2009, Chapter 183
151          58-78-302, as last amended by Laws of Utah 2011, Chapter 367

152          58-79-302, as enacted by Laws of Utah 2009, Chapter 52
153          58-84-201, as enacted by Laws of Utah 2014, Chapter 340
154          58-86-202, as enacted by Laws of Utah 2016, Chapter 294
155          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
156          78B-3-416, as last amended by Laws of Utah 2018, Chapter 318
157     ENACTS:
158          58-61-304.1, Utah Code Annotated 1953
159     

160     Be it enacted by the Legislature of the state of Utah:
161          Section 1. Section 15A-1-203 is amended to read:
162          15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
163     Council.
164          (1) There is created a Uniform Building Code Commission to advise the division with
165     respect to the division's responsibilities in administering the codes.
166          (2) The commission shall consist of 11 members as follows:
167          (a) one member shall be from among candidates nominated by the Utah League of
168     Cities and Towns and the Utah Association of Counties;
169          (b) one member shall be a licensed building inspector employed by a political
170     subdivision of the state;
171          (c) one member shall be a licensed professional engineer;
172          (d) one member shall be a licensed architect;
173          (e) one member shall be a fire official;
174          (f) three members shall be contractors licensed by the state, of which one shall be a
175     general contractor, one an electrical contractor, and one a plumbing contractor;
176          (g) two members shall be from the general public and have no affiliation with the
177     construction industry or real estate development industry; and
178          (h) one member shall be from the Division of Facilities Construction and Management
179     of the Department of Administrative Services.
180          (3) (a) The executive director shall appoint each commission member after submitting
181     a nomination to the governor for confirmation or rejection.
182          (b) If the governor rejects a nominee, the executive director shall submit an alternative

183     nominee until the governor confirms the nomination. An appointment is effective after the
184     governor confirms the nomination.
185          (4) (a) Except as required by Subsection (4)(b), as terms of commission members
186     expire, the executive director shall appoint each new commission member or reappointed
187     commission member to a four-year term.
188          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
189     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
190     of commission members are staggered so that approximately half of the commission is
191     appointed every two years.
192          (5) When a vacancy occurs in the commission membership for any reason, the
193     executive director shall appoint a replacement for the unexpired term.
194          (6) (a) A commission member may not serve more than two full terms.
195          (b) A commission member who ceases to serve may not again serve on the commission
196     until after the expiration of two years after the day on which service ceased.
197          (7) A majority of the commission members constitute a quorum and may act on behalf
198     of the commission.
199          (8) A commission member may not receive compensation or benefits for the
200     commission member's service, but may receive per diem and travel expenses in accordance
201     with:
202          (a) Section 63A-3-106;
203          (b) Section 63A-3-107; and
204          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
205     63A-3-107.
206          (9) (a) The commission shall annually designate one of the commission's members to
207     serve as chair of the commission.
208          (b) The division shall provide a secretary to facilitate the function of the commission
209     and to record the commission's actions and recommendations.
210          (10) The commission shall:
211          (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
212     Committee;
213          [(b) offer an opinion regarding the interpretation of or the application of a code if a

214     person submits a request for an opinion;]
215          [(c)] (b) act as an appeals board as provided in Section 15A-1-207;
216          [(d)] (c) establish advisory peer committees on either a standing or ad hoc basis to
217     advise the commission with respect to matters related to a code, including a committee to
218     advise the commission regarding health matters related to a plumbing code; and
219          [(e)] (d) assist the division in overseeing code-related training in accordance with
220     Section 15A-1-209.
221          [(11) A person requesting an opinion under Subsection (10)(b) shall submit a formal
222     request clearly stating:]
223          [(a) the facts in question;]
224          [(b) the specific citation at issue in a code; and]
225          [(c) the position taken by the persons involved in the facts in question.]
226          [(12)] (11) (a) In a manner consistent with Subsection [(10)(d)] (10)(c), the
227     commission shall jointly create with the Utah Fire Prevention Board an advisory peer
228     committee known as the "Unified Code Analysis Council" to review fire prevention and
229     construction code issues that require definitive and specific analysis.
230          (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
231     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
232          (i) the appointment of members to the Unified Code Analysis Council; and
233          (ii) procedures followed by the Unified Code Analysis Council.
234          Section 2. Section 38-11-102 is amended to read:
235          38-11-102. Definitions.
236          (1) "Board" means the Residence Lien Recovery Fund Advisory Board established
237     under Section 38-11-104.
238          (2) "Certificate of compliance" means an order issued by the director to the owner
239     finding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a)
240     and (4)(b) and is entitled to protection under Section 38-11-107.
241          (3) "Construction on an owner-occupied residence" means designing, engineering,
242     constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
243     residence.
244          (4) "Department" means the Department of Commerce.

245          (5) "Director" means the director of the Division of Occupational and Professional
246     Licensing or the director's designee.
247          (6) "Division" means the Division of Occupational and Professional Licensing.
248          (7) "Duplex" means a single building having two separate living units.
249          (8) "Encumbered fund balance" means the aggregate amount of outstanding claims
250     against the fund. The remainder of the money in the fund is unencumbered funds.
251          (9) "Executive director" means the executive director of the Department of Commerce.
252          (10) "Factory built housing" is as defined in Section 15A-1-302.
253          (11) "Factory built housing retailer" means a person that sells factory built housing to
254     consumers.
255          (12) "Fund" means the Residence Lien Recovery Fund established under Section
256     38-11-201.
257          (13) "Laborer" means a person who provides services at the site of the construction on
258     an owner-occupied residence as an employee of an original contractor or other qualified
259     beneficiary performing qualified services on the residence.
260          (14) "Licensee" means any holder of a license issued under Title 58, Chapter 3a,
261     Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors
262     Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah
263     Construction Trades Licensing Act.
264          (15) "Nonpaying party" means the original contractor, subcontractor, or real estate
265     developer who has failed to pay the qualified beneficiary making a claim against the fund.
266          (16) "Original contractor" means a person who contracts with the owner of real
267     property or the owner's agent to provide services, labor, or material for the construction of an
268     owner-occupied residence.
269          (17) "Owner" means a person who:
270          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
271     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
272     owner-occupied residence upon real property that the person:
273          (i) owns; or
274          (ii) purchases after the person enters into a contract described in this Subsection (17)(a)
275     and before completion of the owner-occupied residence;

276          (b) contracts with a real estate developer to buy a residence upon completion of the
277     construction on the owner-occupied residence; or
278          (c) purchases a residence from a real estate developer after completion of the
279     construction on the owner-occupied residence.
280          (18) "Owner-occupied residence" means a residence that is, or after completion of the
281     construction on the residence will be, occupied by the owner or the owner's tenant or lessee as a
282     primary or secondary residence within 180 days after the day on which the construction on the
283     residence is complete.
284          (19) "Qualified beneficiary" means a person who:
285          (a) provides qualified services;
286          (b) pays necessary fees required under this chapter; and
287          (c) registers with the division:
288          (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks
289     recovery from the fund as a licensed contractor; or
290          (ii) as a person providing qualified services other than as a licensed contractor under
291     Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as
292     a licensed contractor.
293          (20) (a) "Qualified services" means the following performed in construction on an
294     owner-occupied residence:
295          (i) contractor services provided by a contractor licensed or exempt from licensure
296     under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
297          (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
298     Architects Licensing Act;
299          (iii) engineering and land surveying services provided by a professional engineer or
300     land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
301     Engineers and Professional Land Surveyors Licensing Act;
302          (iv) landscape architectural services by a landscape architect licensed or exempt from
303     licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
304          (v) design and specification services of mechanical or other systems;
305          (vi) other services related to the design, drawing, surveying, specification, cost
306     estimation, or other like professional services;

307          (vii) providing materials, supplies, components, or similar products;
308          (viii) renting equipment or materials;
309          (ix) labor at the site of the construction on the owner-occupied residence; and
310          (x) site preparation, set up, and installation of factory built housing.
311          (b) "Qualified services" does not include the construction of factory built housing in
312     the factory.
313          (21) "Real estate developer" means a person having an ownership interest in real
314     property who:
315          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
316     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
317     residence that is offered for sale to the public; or
318          (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
319     Licensing Act, who engages in the construction of a residence that is offered for sale to the
320     public.
321          (22) (a) "Residence" means an improvement to real property used or occupied, to be
322     used or occupied as, or in conjunction with:
323          (i) a primary or secondary detached single-family dwelling; or
324          (ii) a multifamily dwelling up to and including duplexes.
325          (b) "Residence" includes factory built housing.
326          (23) "Subsequent owner" means a person who purchases a residence from an owner
327     within 180 days after the day on which the construction on the residence is completed.
328          Section 3. Section 58-1-301.3 is amended to read:
329          58-1-301.3. Waiver of licensing fees.
330          An individual applying for initial licensure or licensure renewal under this title may
331     apply for initial licensure or licensure renewal without paying the fees described in Subsection
332     58-1-301(1) if the applicant provides evidence to the division in a form prescribed by the
333     division that at the time of the application the applicant is:
334          (1) on full-time active service with a branch of the armed forces of the United States,
335     including an applicant who is on full-time active duty orders with the National Guard or
336     reserve component of the armed forces; or
337          (2) receiving public assistance through one of the following programs administered by

338     the Department of Workforce Services:
339          (a) the Family Employment Program described in Section 35A-3-302; or
340          (b) General Assistance described in Section 35A-3-401.
341          Section 4. Section 58-1-301.5 is amended to read:
342          58-1-301.5. Division access to Bureau of Criminal Identification records.
343          (1) The division shall have direct access to criminal background information
344     maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau
345     of Criminal Identification, for background screening of persons who are applying for licensure,
346     licensure renewal, licensure reinstatement, or relicensure, as required in:
347          (a) Section 58-17b-307 of Title 58, Chapter 17b, Pharmacy Practice Act;
348          (b) Sections 58-24b-302 and 58-24b-302.1 of Title 58, Chapter 24b, Physical Therapy
349     Practice Act;
350          (c) Section 58-31b-302 of Title 58, Chapter 31b, Nurse Practice Act;
351          (d) Section 58-47b-302 of Title 58, Chapter 47b, Massage Therapy Practice Act;
352          (e) Section 58-55-302 of Title 58, Chapter 55, Utah Construction Trades Licensing
353     Act, as it applies to alarm companies and alarm company agents;
354          (f) Sections 58-61-304 and 58-61-304.1 of Title 58, Chapter 61, Psychologist
355     Licensing Act;
356          [(f)] (g) Section 58-63-302 of Title 58, Chapter 63, Security Personnel Licensing Act;
357          [(g)] (h) Section 58-64-302 of Title 58, Chapter 64, Deception Detection Examiners
358     Licensing Act;
359          [(h)] (i) Sections 58-67-302 and 58-67-302.1 of Title 58, Chapter 67, Utah Medical
360     Practice Act; and
361          [(i)] (j) Sections 58-68-302 and 58-68-302.1 of Title 58, Chapter 68, Utah Osteopathic
362     Medical Practice Act.
363          (2) The division's access to criminal background information under this section:
364          (a) shall meet the requirements of Section 53-10-108; and
365          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
366     held in abeyance, dismissed charges, and charges without a known disposition.
367          (3) The division may not disseminate outside of the division any criminal history
368     record information that the division obtains from the Bureau of Criminal Identification or the

369     Federal Bureau of Investigation under the criminal background check requirements of this
370     section.
371          Section 5. Section 58-1-301.7 is amended to read:
372          58-1-301.7. Change of information.
373          (1) (a) An applicant, licensee, or certificate holder shall [send the division a signed
374     statement, in a form required by the division, notifying] notify the division within 10 business
375     days of a change in mailing address or email address.
376          (b) When providing a mailing address, the individual may provide a post office box or
377     other mail drop location.
378          (c) In addition to providing a mailing address, an applicant, licensee, or certificate
379     holder [may] shall provide to the division, in a form [required] approved by the division, an
380     email address [and may designate email as the preferred method of receiving notifications from
381     the division].
382          (2) An applicant, licensee, or certificate holder is considered to have received a
383     notification that has been sent to the most recent:
384          (a) mailing address provided to the division by the applicant, licensee, or certificate
385     holder; or
386          (b) email address furnished to the division by the applicant, licensee, or certificate
387     holder[, if email has been designated by the applicant, licensee, or certificate holder as the
388     preferred method of receiving notifications from the division].
389          Section 6. Section 58-1-302 is amended to read:
390          58-1-302. License by endorsement.
391          (1) Subject to Subsections (2), (3), and (4), the division may issue a license without
392     examination to a person who has been licensed in a state, district, or territory of the United
393     States or in a foreign country if:
394          (a) the division determines the education, experience, and examination requirements of
395     the state, district, or territory of the United States or the foreign country, at the time the license
396     was issued, were substantially equal to the current requirements of this state; or
397          (b) after being licensed outside of this state, the person has at least one year of
398     experience in the state, district, or territory of the United States where the license was issued,
399     and the division determines the person has the education, experience, and skills necessary to

400     demonstrate competency in the occupation or profession for which licensure is sought.
401           (2) The division, in consultation with the applicable licensing board, may make rules in
402     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
403     requirements of Subsection (1).
404          (3) Before a [resident] person may be issued a license under this section, the [resident]
405     person shall:
406          (a) pay a fee determined by the department under Section 63J-1-504; and
407          (b) produce satisfactory evidence of the [resident's] person's identity, qualifications,
408     and good standing in the occupation or profession for which licensure is sought.
409          (4) In accordance with Section 58-1-107, licensure endorsement provisions in this
410     section may be supplemented or altered by licensure endorsement provisions or multistate
411     licensure compacts in specific chapters of this title.
412          Section 7. Section 58-1-307 is amended to read:
413          58-1-307. Exemptions from licensure.
414          (1) Except as otherwise provided by statute or rule, the following individuals may
415     engage in the practice of their occupation or profession, subject to the stated circumstances and
416     limitations, without being licensed under this title:
417          (a) an individual serving in the armed forces of the United States, the United States
418     Public Health Service, the United States Department of Veterans Affairs, or other federal
419     agencies while engaged in activities regulated under this chapter as a part of employment with
420     that federal agency if the individual holds a valid license to practice a regulated occupation or
421     profession issued by any other state or jurisdiction recognized by the division;
422          (b) a student engaged in activities constituting the practice of a regulated occupation or
423     profession while in training in a recognized school approved by the division to the extent the
424     activities are supervised by qualified faculty, staff, or designee and the activities are a defined
425     part of the training program;
426          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
427     fellowship, apprenticeship, or on-the-job training program approved by the division while
428     under the supervision of qualified individuals;
429          (d) an individual residing in another state and licensed to practice a regulated
430     occupation or profession in that state, who is called in for a consultation by an individual

431     licensed in this state, and the services provided are limited to that consultation;
432          (e) an individual who is invited by a recognized school, association, society, or other
433     body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
434     regulated occupation or profession if the individual does not establish a place of business or
435     regularly engage in the practice of the regulated occupation or profession in this state;
436          (f) an individual licensed under the laws of this state, other than under this title, to
437     practice or engage in an occupation or profession, while engaged in the lawful, professional,
438     and competent practice of that occupation or profession;
439          (g) an individual licensed in a health care profession in another state who performs that
440     profession while attending to the immediate needs of a patient for a reasonable period during
441     which the patient is being transported from outside of this state, into this state, or through this
442     state;
443          (h) an individual licensed in another state or country who is in this state temporarily to
444     attend to the needs of an athletic team or group, except that the practitioner may only attend to
445     the needs of the athletic team or group, including all individuals who travel with the team or
446     group in any capacity except as a spectator;
447          (i) an individual licensed and in good standing in another state, who is in this state:
448          (i) temporarily, under the invitation and control of a sponsoring entity;
449          (ii) for a reason associated with a special purpose event, based upon needs that may
450     exceed the ability of this state to address through its licensees, as determined by the division;
451     and
452          (iii) for a limited period of time not to exceed the duration of that event, together with
453     any necessary preparatory and conclusionary periods; and
454          (j) the spouse of an individual serving in the armed forces of the United States while
455     the individual is stationed within this state, provided:
456          (i) the spouse holds a valid license to practice a regulated occupation or profession
457     issued by any other state or jurisdiction recognized by the division; and
458          (ii) the license is current and the spouse is in good standing in the state of licensure.
459          (2) (a) A practitioner temporarily in this state who is exempted from licensure under
460     Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
461     practitioner derives authority to practice.

462          (b) Violation of a limitation imposed by this section constitutes grounds for removal of
463     exempt status, denial of license, or other disciplinary proceedings.
464          (3) An individual who is licensed under a specific chapter of this title to practice or
465     engage in an occupation or profession may engage in the lawful, professional, and competent
466     practice of that occupation or profession without additional licensure under other chapters of
467     this title, except as otherwise provided by this title.
468          (4) Upon the declaration of a national, state, or local emergency, a public health
469     emergency as defined in Section 26-23b-102, or a declaration by the president of the United
470     States or other federal official requesting public health-related activities, the division in
471     collaboration with the relevant board may:
472          (a) suspend the requirements for permanent or temporary licensure of individuals who
473     are licensed in another state for the duration of the emergency while engaged in the scope of
474     practice for which they are licensed in the other state;
475          (b) modify, under the circumstances described in this Subsection (4) and Subsection
476     (5), the scope of practice restrictions under this title for individuals who are licensed under this
477     title as:
478          (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
479     Osteopathic Medical Practice Act;
480          (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
481     Compact - Revised;
482          (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
483          (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
484     Pharmacy Practice Act;
485          (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
486          (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
487     Practice Act; and
488          (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
489          (c) suspend the requirements for licensure under this title and modify the scope of
490     practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
491     services personnel or paramedics required to be licensed under Section 26-8a-302;
492          (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require

493     certain prescriptive procedures;
494          (e) exempt or modify the requirement for licensure of an individual who is activated as
495     a member of a medical reserve corps during a time of emergency as provided in Section
496     26A-1-126; [and]
497          (f) exempt or modify the requirement for licensure of an individual who is registered as
498     a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
499     Volunteer Health Practitioners Act[.]; and
500          (g) in accordance with rules made by the division in accordance with Title 63G,
501     Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
502     licensure of an individual engaged in one or more of the construction trades described in
503     Chapter 55, Utah Construction Trades Licensing Act.
504          (5) Individuals exempt under Subsection (4)(c) and individuals operating under
505     modified scope of practice provisions under Subsection (4)(b):
506          (a) are exempt from licensure or subject to modified scope of practice for the duration
507     of the emergency;
508          (b) must be engaged in the distribution of medicines or medical devices in response to
509     the emergency or declaration; and
510          (c) must be employed by or volunteering for:
511          (i) a local or state department of health; or
512          (ii) a host entity as defined in Section 26-49-102.
513          (6) In accordance with the protocols established under Subsection (8), upon the
514     declaration of a national, state, or local emergency, the Department of Health or a local health
515     department shall coordinate with public safety authorities as defined in Subsection
516     26-23b-110(1) and may:
517          (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
518     controlled substance to prevent or treat a disease or condition that gave rise to, or was a
519     consequence of, the emergency; or
520          (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
521     a controlled substance:
522          (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
523     pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication

524     is exhausted; or
525          (ii) for dispensing or direct administration to treat the disease or condition that gave
526     rise to, or was a consequence of, the emergency by:
527          (A) a pharmacy;
528          (B) a prescribing practitioner;
529          (C) a licensed health care facility;
530          (D) a federally qualified community health clinic; or
531          (E) a governmental entity for use by a community more than 50 miles from a person
532     described in Subsections (6)(b)(ii)(A) through (D).
533          (7) In accordance with protocols established under Subsection (8), upon the declaration
534     of a national, state, or local emergency, the Department of Health shall coordinate the
535     distribution of medications:
536          (a) received from the strategic national stockpile to local health departments; and
537          (b) from local health departments to emergency personnel within the local health
538     departments' geographic region.
539          (8) The Department of Health shall establish by rule, made in accordance with Title
540     63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
541     and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
542     not a controlled substance in the event of a declaration of a national, state, or local emergency.
543     The protocol shall establish procedures for the Department of Health or a local health
544     department to:
545          (a) coordinate the distribution of:
546          (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
547     controlled substance received by the Department of Health from the strategic national stockpile
548     to local health departments; and
549          (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
550     medication received by a local health department to emergency personnel within the local
551     health department's geographic region;
552          (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
553     an antibiotic, or other prescription medication that is not a controlled substance to the contact
554     of a patient without a patient-practitioner relationship, if the contact's condition is the same as

555     that of the physician's or physician assistant's patient; and
556          (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
557     an antibiotic, or other non-controlled prescription medication to an individual who:
558          (i) is working in a triage situation;
559          (ii) is receiving preventative or medical treatment in a triage situation;
560          (iii) does not have coverage for the prescription in the individual's health insurance
561     plan;
562          (iv) is involved in the delivery of medical or other emergency services in response to
563     the declared national, state, or local emergency; or
564          (v) otherwise has a direct impact on public health.
565          (9) The Department of Health shall give notice to the division upon implementation of
566     the protocol established under Subsection (8).
567          Section 8. Section 58-1-501 is amended to read:
568          58-1-501. Unlawful and unprofessional conduct.
569          (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
570     under this title and includes:
571          (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
572     attempting to practice or engage in any occupation or profession requiring licensure under this
573     title if the person is:
574          (i) not licensed to do so or not exempted from licensure under this title; or
575          (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
576     probationary, or inactive license;
577          (b) (i) impersonating another licensee or practicing an occupation or profession under a
578     false or assumed name, except as permitted by law; or
579          (ii) for a licensee who has had a license under this title reinstated following disciplinary
580     action, practicing the same occupation or profession using a different name than the name used
581     before the disciplinary action, except as permitted by law and after notice to, and approval by,
582     the division;
583          (c) knowingly employing any other person to practice or engage in or attempt to
584     practice or engage in any occupation or profession licensed under this title if the employee is
585     not licensed to do so under this title;

586          (d) knowingly permitting the person's authority to practice or engage in any occupation
587     or profession licensed under this title to be used by another, except as permitted by law;
588          (e) obtaining a passing score on a licensure examination, applying for or obtaining a
589     license, or otherwise dealing with the division or a licensing board through the use of fraud,
590     forgery, or intentional deception, misrepresentation, misstatement, or omission; [or]
591          (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
592     drug or device to a person located in this state:
593          (A) without prescriptive authority conferred by a license issued under this title, or by
594     an exemption to licensure under this title; or
595          (B) with prescriptive authority conferred by an exception issued under this title or a
596     multistate practice privilege recognized under this title, if the prescription was issued without
597     first obtaining information, in the usual course of professional practice, that is sufficient to
598     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
599     proposed treatment; and
600          (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
601     or cross coverage situation, provided that the person who issues the prescription has
602     prescriptive authority conferred by a license under this title, or is exempt from licensure under
603     this title[.]; or
604          (g) aiding or abetting any other person to violate any statute, rule, or order regulating
605     an occupation or profession under this title.
606          (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
607     as unprofessional conduct under this title or under any rule adopted under this title and
608     includes:
609          (a) violating[, or aiding or abetting any other person to violate,] any statute, rule, or
610     order regulating an occupation or profession under this title;
611          (b) violating, or aiding or abetting any other person to violate, any generally accepted
612     professional or ethical standard applicable to an occupation or profession regulated under this
613     title;
614          (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
615     of guilty or nolo contendere which is held in abeyance pending the successful completion of
616     probation with respect to a crime of moral turpitude or any other crime that, when considered

617     with the functions and duties of the occupation or profession for which the license was issued
618     or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely
619     or competently practice the occupation or profession;
620          (d) engaging in conduct that results in disciplinary action, including reprimand,
621     censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
622     authority having jurisdiction over the licensee or applicant in the same occupation or profession
623     if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
624     proceedings under Section 58-1-401;
625          (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
626     chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
627     ability of the licensee or applicant to safely engage in the occupation or profession;
628          (f) practicing or attempting to practice an occupation or profession regulated under this
629     title despite being physically or mentally unfit to do so;
630          (g) practicing or attempting to practice an occupation or profession regulated under this
631     title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
632          (h) practicing or attempting to practice an occupation or profession requiring licensure
633     under this title by any form of action or communication which is false, misleading, deceptive,
634     or fraudulent;
635          (i) practicing or attempting to practice an occupation or profession regulated under this
636     title beyond the scope of the licensee's competency, abilities, or education;
637          (j) practicing or attempting to practice an occupation or profession regulated under this
638     title beyond the scope of the licensee's license;
639          (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
640     conduct connected with the licensee's practice under this title or otherwise facilitated by the
641     licensee's license;
642          (l) acting as a supervisor without meeting the qualification requirements for that
643     position that are defined by statute or rule;
644          (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
645     drug or device:
646          (i) without first obtaining information in the usual course of professional practice, that
647     is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to

648     the proposed treatment; or
649          (ii) with prescriptive authority conferred by an exception issued under this title, or a
650     multi-state practice privilege recognized under this title, if the prescription was issued without
651     first obtaining information, in the usual course of professional practice, that is sufficient to
652     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
653     proposed treatment;
654          (n) violating a provision of Section 58-1-501.5; or
655          (o) violating the terms of an order governing a license.
656          (3) Unless otherwise specified by statute or administrative rule, in a civil or
657     administrative proceeding commenced by the division under this title, a person subject to any
658     of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
659     violation.
660          Section 9. Section 58-1-502 is amended to read:
661          58-1-502. Unlawful and unprofessional conduct -- Penalties.
662          (1) (a) Unless otherwise specified in this title, a person who violates the unlawful
663     conduct provisions defined in this title is guilty of a class A misdemeanor.
664          (b) Unless a specific fine amount is specified elsewhere in this title, the director or the
665     director's designee may assess an administrative fine of up to $1,000 for each instance of
666     unprofessional or unlawful conduct defined in this title.
667          (2) (a) In addition to any other statutory penalty for a violation related to a specific
668     occupation or profession regulated by this title, if upon inspection or investigation, the division
669     concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a
670     rule or order issued with respect to those subsections, and that disciplinary action is
671     appropriate, the director or the director's designee from within the division shall promptly:
672          (i) issue a citation to the person according to this section and any pertinent rules;
673          (ii) attempt to negotiate a stipulated settlement; or
674          (iii) notify the person to appear before an adjudicative proceeding conducted under
675     Title 63G, Chapter 4, Administrative Procedures Act.
676          (b) (i) The division may assess a fine under this Subsection (2) against a person who
677     violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with
678     respect to those subsections, as evidenced by:

679          (A) an uncontested citation;
680          (B) a stipulated settlement; or
681          (C) a finding of a violation in an adjudicative proceeding.
682          (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
683     order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or
684     (2)(o), or a rule or order issued with respect to those subsections.
685          (c) Except for a cease and desist order, the division may not assess the licensure
686     sanctions cited in Section 58-1-401 through a citation.
687          (d) A citation shall:
688          (i) be in writing;
689          (ii) describe with particularity the nature of the violation, including a reference to the
690     provision of the chapter, rule, or order alleged to have been violated;
691          (iii) clearly state that the recipient must notify the division in writing within 20
692     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
693     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
694          (iv) clearly explain the consequences of failure to timely contest the citation or to make
695     payment of a fine assessed by the citation within the time specified in the citation.
696          (e) The division may issue a notice in lieu of a citation.
697          (f) (i) If within 20 calendar days from the service of the citation, the person to whom
698     the citation was issued fails to request a hearing to contest the citation, the citation becomes the
699     final order of the division and is not subject to further agency review.
700          (ii) The period to contest a citation may be extended by the division for cause.
701          (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
702     the license of a licensee who fails to comply with a citation after it becomes final.
703          (h) The failure of an applicant for licensure to comply with a citation after it becomes
704     final is a ground for denial of license.
705          (i) [The] Subject to the time limitations described in Subsection 58-1-401(6), the
706     division may not issue a citation under this section after the expiration of one year following
707     the [occurrence of a violation] date on which the violation that is the subject of the citation is
708     reported to the division.
709          (j) The director or the director's designee shall assess fines according to the following:

710          (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
711          (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
712     and
713          (iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
714     $2,000 for each day of continued offense.
715          (3) (a) An action for a first or second offense that has not yet resulted in a final order of
716     the division may not preclude initiation of a subsequent action for a second or subsequent
717     offense during the pendency of a preceding action.
718          (b) The final order on a subsequent action is considered a second or subsequent
719     offense, respectively, provided the preceding action resulted in a first or second offense,
720     respectively.
721          (4) (a) The director may collect a penalty that is not paid by:
722          (i) referring the matter to a collection agency; or
723          (ii) bringing an action in the district court of the county where the person against whom
724     the penalty is imposed resides or in the county where the office of the director is located.
725          (b) A county attorney or the attorney general of the state shall provide legal assistance
726     and advice to the director in an action to collect a penalty.
727          (c) A court may award reasonable attorney fees and costs to the prevailing party in an
728     action brought by the division to collect a penalty.
729          Section 10. Section 58-3a-102 is amended to read:
730          58-3a-102. Definitions.
731          In addition to the definitions in Section 58-1-102, as used in this chapter:
732          (1) "Architect" means a person licensed under this chapter as an architect.
733          (2) "Board" means the Architects Licensing Board created in Section 58-3a-201.
734          (3) "Building" means a structure which has human occupancy or habitation as its
735     principal purpose, and includes the structural, mechanical, and electrical systems, utility
736     services, and other facilities required for the building, and is otherwise governed by the State
737     Construction Code or an approved code under Title 15A, State Construction and Fire Codes
738     Act.
739          (4) "Complete construction plans" means a final set of plans and specifications for a
740     building that normally includes:

741          (a) floor plans;
742          (b) elevations;
743          (c) site plans;
744          (d) foundation, structural, and framing detail;
745          (e) electrical, mechanical, and plumbing design;
746          (f) information required by the energy code;
747          (g) specifications and related calculations as appropriate; and
748          (h) all other documents required to obtain a building permit.
749          (5) "Fund" means the Architects Education and Enforcement Fund created in Section
750     58-3a-103.
751          (6) (a) "Practice of architecture" means rendering or offering to render the following
752     services in connection with the design, construction, enlargement, or alteration of a building or
753     group of buildings, and the space within and surrounding such buildings:
754          (i) planning;
755          (ii) facility programming;
756          (iii) preliminary studies;
757          (iv) preparation of designs, drawings, and specifications;
758          (v) preparation of technical submissions and coordination of any element of technical
759     submissions prepared by others including, as appropriate and without limitation, professional
760     engineers, and landscape architects; and
761          (vi) administration of construction contracts.
762          (b) "Practice of architecture" does not include the practice of professional engineering
763     as defined in Section 58-22-102, but a licensed architect may perform such professional
764     engineering work as is incidental to the practice of architecture[.] if:
765          (i) the incidental work can be safely and competently performed by the licensee
766     without jeopardizing the life, health, property, and welfare of the public;
767          (ii) the incidental work is secondary and substantially narrower in scope and magnitude
768     when compared to the architectural work performed or to be performed by the licensee;
769          (iii) the licensee is fully responsible for the incidental work as described in Subsection
770     58-3a-603(1);
771          (iv) except for incidental work where the licensee is exempt from licensure as provided

772     in Subsection 58-3a-603(1), the incidental work affects not more than 49 occupants as
773     determined by the provisions of Title 15A, State Construction and Fire Codes Act;
774          (v) except for incidental work where the licensee is exempt from licensure as provided
775     in Subsection 58-3a-603(1), the incidental work is part of a project where the construction
776     value of the incidental work is not greater than 15% of the overall construction value of the
777     project, including all changes or additions to the contracted or agreed upon incidental work;
778     and
779          (vi) the incidental work does not include work on a building or related structure in an
780     occupancy risk category of III or IV as determined by the provisions of Title 15A, State
781     Construction and Fire Codes Act.
782          (7) "Principal" means a licensed architect having responsible charge of an
783     organization's architectural practice.
784          (8) "Supervision of an employee, subordinate, associate, or drafter of an architect"
785     means that a licensed architect is responsible for and personally reviews, corrects when
786     necessary, and approves work performed by any employee, subordinate, associate, or drafter
787     under the direction of the architect, and may be further defined by rule by the division in
788     collaboration with the board.
789          (9) "Unlawful conduct" as defined in Section 58-1-501 is further defined in Section
790     58-3a-501.
791          (10) "Unprofessional conduct" as defined in Section 58-1-501 may be further defined
792     by rule by the division in collaboration with the board.
793          Section 11. Section 58-3a-105 is amended to read:
794          58-3a-105. Surcharge fee.
795          (1) In addition to any other fees authorized by this chapter or by the division in
796     accordance with Section 63J-1-504, the division shall require each applicant for an initial
797     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
798     surcharge fee.
799          (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
800     used by the division to provide each licensee under this chapter with access to an electronic
801     reference library that provides web-based access to national, state, and local building codes and
802     standards.

803          Section 12. Section 58-3a-302 is amended to read:
804          58-3a-302. Qualifications for licensure.
805          (1) Except as provided in Subsection (2), each applicant for licensure as an architect
806     shall:
807          (a) submit an application in a form prescribed by the division;
808          (b) pay a fee determined by the department under Section 63J-1-504;
809          [(c) provide satisfactory evidence of good moral character;]
810          [(d)] (c) have graduated and received an earned bachelors or masters degree from an
811     architecture program meeting criteria established by rule by the division in collaboration with
812     the board;
813          [(e)] (d) have successfully completed a program of diversified practical experience
814     established by rule by the division in collaboration with the board;
815          [(f)] (e) have successfully passed examinations established by rule by the division in
816     collaboration with the board; and
817          [(g)] (f) meet with the board or representative of the division upon request for the
818     purpose of evaluating the applicant's qualifications for license.
819          (2) Each applicant for licensure as an architect by endorsement shall:
820          (a) submit an application in a form prescribed by the division;
821          (b) pay a fee determined by the department under Section 63J-1-504;
822          [(c) provide satisfactory evidence of good moral character;]
823          [(d)] (c) submit satisfactory evidence of:
824          (i) current licensure in good standing in a jurisdiction recognized by rule by the
825     division in collaboration with the board; and
826          (ii) current certification from the National Council of Architectural Registration
827     Boards; or
828          (iii) current license in good standing in a jurisdiction recognized by rule by the division
829     in collaboration with the board; and
830          (iv) full-time employment as a licensed architect as a principal for at least five of the
831     last seven years immediately preceding the date of the application;
832          [(e)] (d) have successfully passed any examination established by rule by the division
833     in collaboration with the board; and

834          [(f)] (e) meet with the board or representative of the division upon request for the
835     purpose of evaluating the applicant's qualifications for license.
836          Section 13. Section 58-3a-304 is amended to read:
837          58-3a-304. Exemptions from licensure.
838          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
839     may engage in the stated limited acts or practices without being licensed under this chapter:
840          (a) a person offering to render architectural services in this state when not licensed
841     under this chapter if the person:
842          (i) holds a current and valid architect license issued by a licensing authority recognized
843     by rule by the division in collaboration with the board;
844          (ii) discloses in writing to the potential client the fact that the architect:
845          (A) is not licensed in the state;
846          (B) may not provide architectural services in the state until the architect is licensed in
847     the state; and
848          (C) that such condition may cause a delay in the ability of the architect to provide
849     architectural services in the state;
850          (iii) notifies the division in writing of his intent to offer to render architectural services
851     in the state; and
852          (iv) does not provide architectural services or engage in the practice of architecture in
853     this state until licensed to do so;
854          (b) a person preparing a plan and specification for one or two-family dwellings,
855     including townhouses;
856          (c) a person licensed to practice professional engineering under Title 58, Chapter 22,
857     Professional Engineers and Professional Land Surveyors Licensing Act, performing
858     engineering or incidental architectural acts or practices that do not exceed the scope of the
859     education and training of the person performing architecture;
860          (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
861     under this chapter while preparing plans and specifications under the supervision of an
862     architect;
863          (e) a person preparing a plan or specification for, or supervising the alteration of or
864     repair to, an existing building affecting an area not exceeding 3,000 square feet when structural

865     elements of a building are not changed, such as foundations, beams, columns, and structural
866     slabs, joists, bearing walls, and trusses; and
867          (f) an organization engaged in the practice of architecture, provided that:
868          (i) the organization employs a principal; and
869          (ii) all individuals employed by the organization, who are engaged in the practice of
870     architecture, are licensed or exempt from licensure under this chapter.
871          (2) Nothing in this section shall be construed to restrict a [draftsman] person from
872     preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those
873     plans to a licensed architect for [his] review, approval, and subsequent fixing of the architect's
874     seal to that set of plans [if they meet the building code standards].
875          Section 14. Section 58-5a-302 is amended to read:
876          58-5a-302. Qualifications to practice podiatry.
877          An applicant for licensure to practice podiatry shall:
878          (1) submit an application in a form as prescribed by the division;
879          (2) pay a fee as determined by the department under Section 63J-1-504;
880          [(3) be of good moral character;]
881          [(4)] (3) provide satisfactory documentation of having successfully completed a
882     program of professional education preparing an individual as a podiatric physician, as
883     evidenced by having received an earned degree of doctor of podiatric medicine from a podiatry
884     school or college accredited by the Council on Podiatric Medical Education;
885          [(5)] (4) if licensed on or after July 1, 2015, satisfy the division and board that the
886     applicant:
887          (a) has successfully completed 24 months of resident training in a program approved
888     by the Council on Podiatric Medical Education; or
889          (b) (i) has successfully completed 12 months of resident training in a program
890     approved by the Council on Podiatric Medical Education after receiving a degree of doctor of
891     podiatric medicine as required under Subsection [(4)] (3);
892          (ii) has been accepted in, and is successfully participating in, progressive resident
893     training in a Council on Podiatric Medical Education approved program within Utah, in the
894     applicant's second or third year of postgraduate training; and
895          (iii) has agreed to surrender to the division the applicant's license as a podiatric

896     physician without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
897     and has agreed the applicant's license as a podiatric physician will be automatically revoked by
898     the division if the applicant fails to continue in good standing in a Council on Podiatric
899     Medical Education approved progressive resident training program within the state; and
900          [(6)] (5) pass examinations required by rule.
901          Section 15. Section 58-11a-102 is amended to read:
902          58-11a-102. Definitions.
903          As used in this chapter:
904          (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
905     that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
906     58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
907     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
908     Administrative Rulemaking Act.
909          (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
910     requirements of Subsection 58-11a-306[(3)](4) and the requirements established by rule by the
911     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
912     Administrative Rulemaking Act.
913          (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
914     requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
915     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
916     Administrative Rulemaking Act.
917          [(3)] (4) "Approved master esthetician apprenticeship" means an apprenticeship that
918     meets the requirements of Subsection 58-11a-306[(4)](5) and the requirements established by
919     rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
920     Utah Administrative Rulemaking Act.
921          [(4)] (5) "Approved nail technician apprenticeship" means an apprenticeship that meets
922     the requirements of Subsection 58-11a-306[(5)](6) and the requirements established by rule by
923     the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
924     Administrative Rulemaking Act.
925          [(5)] (6) "Barber" means a person who is licensed under this chapter to engage in the
926     practice of barbering.

927          [(6)] (7) "Barber instructor" means a barber who is licensed under this chapter to
928     engage in the practice of barbering instruction.
929          [(7)] (8) "Board" means the Cosmetology and Associated Professions Licensing Board
930     created in Section 58-11a-201.
931          [(8)] (9) "Cosmetic laser procedure" includes a nonablative procedure as defined in
932     Section 58-67-102.
933          [(9)] (10) "Cosmetic supervisor" means a supervisor as defined in Section 58-1-505.
934          [(10)] (11) "Cosmetologist/barber" means a person who is licensed under this chapter
935     to engage in the practice of cosmetology/barbering.
936          [(11)] (12) "Cosmetologist/barber instructor" means a cosmetologist/barber who is
937     licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
938          [(12)] (13) "Direct supervision" means that the supervisor of an apprentice or the
939     instructor of a student is immediately available for consultation, advice, instruction, and
940     evaluation.
941          [(13)] (14) "Electrologist" means a person who is licensed under this chapter to engage
942     in the practice of electrology.
943          [(14)] (15) "Electrologist instructor" means an electrologist who is licensed under this
944     chapter to engage in the practice of electrology instruction.
945          [(15)] (16) "Esthetician" means a person who is licensed under this chapter to engage
946     in the practice of esthetics.
947          [(16)] (17) "Esthetician instructor" means a master esthetician who is licensed under
948     this chapter to engage in the practice of esthetics instruction.
949          [(17)] (18) "Fund" means the Cosmetology and Associated Professions Education and
950     Enforcement Fund created in Section 58-11a-103.
951          [(18)] (19) (a) "Hair braiding" means the twisting, weaving, or interweaving of a
952     person's natural human hair.
953          (b) "Hair braiding" includes the following methods or styles:
954          (i) African-style braiding;
955          (ii) box braids;
956          (iii) cornrows;
957          (iv) dreadlocks;

958          (v) french braids;
959          (vi) invisible braids;
960          (vii) micro braids;
961          (viii) single braids;
962          (ix) single plaits;
963          (x) twists;
964          (xi) visible braids;
965          (xii) the use of lock braids; and
966          (xiii) the use of decorative beads, accessories, and nonhair extensions.
967          (c) "Hair braiding" does not include:
968          (i) the use of:
969          (A) wefts;
970          (B) synthetic tape;
971          (C) synthetic glue;
972          (D) keratin bonds;
973          (E) fusion bonds; or
974          (F) heat tools;
975          (ii) the cutting of human hair; or
976          (iii) the application of heat, dye, a reactive chemical, or other preparation to:
977          (A) alter the color of the hair; or
978          (B) straighten, curl, or alter the structure of the hair.
979          [(19)] (20) "Hair designer" means a person who is licensed under this chapter to
980     engage in the practice of hair design.
981          [(20)] (21) "Hair designer instructor" means a hair designer who is licensed under this
982     chapter to engage in the practice of hair design instruction.
983          [(21)] (22) "Licensed barber or cosmetology/barber school" means a barber or
984     cosmetology/barber school licensed under this chapter.
985          [(22)] (23) "Licensed electrology school" means an electrology school licensed under
986     this chapter.
987          [(23)] (24) "Licensed esthetics school" means an esthetics school licensed under this
988     chapter.

989          [(24)] (25) "Licensed hair design school" means a hair design school licensed under
990     this chapter.
991          [(25)] (26) "Licensed nail technology school" means a nail technology school licensed
992     under this chapter.
993          [(26)] (27) "Master esthetician" means an individual who is licensed under this chapter
994     to engage in the practice of master-level esthetics.
995          [(27)] (28) "Nail technician" means an individual who is licensed under this chapter to
996     engage in the practice of nail technology.
997          [(28)] (29) "Nail technician instructor" means a nail technician licensed under this
998     chapter to engage in the practice of nail technology instruction.
999          [(29)] (30) "Practice of barbering" means:
1000          (a) cutting, clipping, or trimming the hair of the head of any person by the use of
1001     scissors, shears, clippers, or other appliances;
1002          (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
1003          (c) removing hair from the face or neck of a person by the use of shaving equipment;
1004     and
1005          (d) when providing other services described in this Subsection [(29)] (30), gently
1006     massaging the head, back of the neck, and shoulders by manual or mechanical means.
1007          [(30)] (31) "Practice of barbering instruction" means teaching the practice of barbering
1008     at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
1009     apprenticeship.
1010          [(31)] (32) "Practice of basic esthetics" means any one of the following skin care
1011     procedures done on the body for cosmetic purposes and not for the treatment of medical,
1012     physical, or mental ailments:
1013          (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
1014     masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
1015     application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
1016     removal by buffing or filing;
1017          (b) limited chemical exfoliation as defined by rule;
1018          (c) removing superfluous hair by means other than electrolysis, except that an
1019     individual is not required to be licensed as an esthetician to engage in the practice of threading;

1020          (d) other esthetic preparations or procedures with the use of the hands, a
1021     high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
1022     for the treatment of medical, physical, or mental ailments;
1023          (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
1024     eyelash or eyebrow extensions; or
1025          (f) except as provided in Subsection [(31)(f)(i)] (32)(f)(i), cosmetic laser procedures
1026     under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
1027     following:
1028          (i) superfluous hair removal which shall be under indirect supervision;
1029          (ii) anti-aging resurfacing enhancements;
1030          (iii) photo rejuvenation; or
1031          (iv) tattoo removal.
1032          [(32)] (33) (a) "Practice of cosmetology/barbering" means:
1033          (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1034     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1035     person;
1036          (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
1037     other appliances;
1038          (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
1039     eyelash or eyebrow extensions;
1040          (iv) removing hair from the body of a person by the use of depilatories, waxing, or
1041     shaving equipment;
1042          (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
1043     or both on the human head; or
1044          (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
1045     hair.
1046          (b) The term "practice of cosmetology/barbering" includes:
1047          (i) the practice of barbering;
1048          (ii) the practice of basic esthetics; and
1049          (iii) the practice of nail technology.
1050          (c) An individual is not required to be licensed as a cosmetologist/barber to engage in

1051     the practice of threading.
1052          [(33)] (34) "Practice of cosmetology/barbering instruction" means teaching the practice
1053     of cosmetology/barbering:
1054          (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
1055     technology school; or
1056          (b) for an approved cosmetologist/barber apprenticeship.
1057          [(34)] (35) "Practice of electrology" means:
1058          (a) the removal of superfluous hair from the body of a person by the use of electricity,
1059     waxing, shaving, or tweezing; or
1060          (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
1061     superfluous hair removal.
1062          [(35)] (36) "Practice of electrology instruction" means teaching the practice of
1063     electrology at a licensed electrology school.
1064          [(36)] (37) "Practice of esthetics instruction" means teaching the practice of basic
1065     esthetics or the practice of master-level esthetics:
1066          (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
1067          (b) for an approved esthetician apprenticeship or an approved master esthetician
1068     apprenticeship.
1069          [(37)] (38) "Practice of hair design" means:
1070          (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1071     singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1072     person;
1073          (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
1074     shears, clippers, or other appliances;
1075          (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
1076     both on the human head; or
1077          (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
1078     hair.
1079          [(38)] (39) "Practice of hair design instruction" means teaching the practice of hair
1080     design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
1081     barber school.

1082          [(39)] (40) (a) "Practice of master-level esthetics" means:
1083          (i) any of the following when done for cosmetic purposes on the body and not for the
1084     treatment of medical, physical, or mental ailments:
1085          (A) body wraps as defined by rule;
1086          (B) hydrotherapy as defined by rule;
1087          (C) chemical exfoliation as defined by rule;
1088          (D) advanced pedicures as defined by rule;
1089          (E) sanding, including microdermabrasion;
1090          (F) advanced extraction;
1091          (G) other esthetic preparations or procedures with the use of:
1092          (I) the hands; or
1093          (II) a mechanical or electrical apparatus which is approved for use by division rule for
1094     beautifying or similar work performed on the body for cosmetic purposes and not for the
1095     treatment of a medical, physical, or mental ailment; or
1096          (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
1097     physician's evaluation before the procedure, as needed, unless specifically required under
1098     Section 58-1-506, and limited to the following:
1099          (I) superfluous hair removal;
1100          (II) anti-aging resurfacing enhancements;
1101          (III) photo rejuvenation; or
1102          (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
1103     assistant's evaluation before the tattoo removal procedure, as required by Subsection
1104     58-1-506(3)(a); and
1105          (ii) lymphatic massage by manual or other means as defined by rule.
1106          (b) Notwithstanding the provisions of Subsection [(39)(a)] (40)(a), a master-level
1107     esthetician may perform procedures listed in Subsection [(39)(a)(i)(H)] (40)(a)(i)(H) if done
1108     under the supervision of a cosmetic supervisor acting within the scope of the cosmetic
1109     supervisor license.
1110          (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
1111     an individual is not required to be licensed as an esthetician or master-level esthetician to
1112     engage in the practice of threading.

1113          [(40)] (41) "Practice of nail technology" means to trim, cut, clean, manicure, shape,
1114     massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
1115     hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
1116     application and removal of sculptured or artificial nails.
1117          [(41)] (42) "Practice of nail technology instruction" means teaching the practice of nail
1118     technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
1119     an approved nail technician apprenticeship.
1120          [(42)] (43) "Recognized barber school" means a barber school located in a state other
1121     than Utah, whose students, upon graduation, are recognized as having completed the
1122     educational requirements for licensure in that state.
1123          [(43)] (44) "Recognized cosmetology/barber school" means a cosmetology/barber
1124     school located in a state other than Utah, whose students, upon graduation, are recognized as
1125     having completed the educational requirements for licensure in that state.
1126          [(44)] (45) "Recognized electrology school" means an electrology school located in a
1127     state other than Utah, whose students, upon graduation, are recognized as having completed the
1128     educational requirements for licensure in that state.
1129          [(45)] (46) "Recognized esthetics school" means an esthetics school located in a state
1130     other than Utah, whose students, upon graduation, are recognized as having completed the
1131     educational requirements for licensure in that state.
1132          [(46)] (47) "Recognized hair design school" means a hair design school located in a
1133     state other than Utah, whose students, upon graduation, are recognized as having completed the
1134     educational requirements for licensure in that state.
1135          [(47)] (48) "Recognized nail technology school" means a nail technology school
1136     located in a state other than Utah, whose students, upon graduation, are recognized as having
1137     completed the educational requirements for licensure in that state.
1138          [(48)] (49) "Salon" means a place, shop, or establishment in which
1139     cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
1140          [(49)] (50) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
1141          [(50)] (51) "Unprofessional conduct" is as defined in Sections 58-1-501 and
1142     58-11a-501 and as may be further defined by rule by the division in collaboration with the
1143     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

1144          Section 16. Section 58-11a-302 is amended to read:
1145          58-11a-302. Qualifications for licensure.
1146          (1) Each applicant for licensure as a barber shall:
1147          (a) submit an application in a form prescribed by the division;
1148          (b) pay a fee determined by the department under Section 63J-1-504;
1149          [(c) be of good moral character;]
1150          [(d)] (c) provide satisfactory documentation of:
1151          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
1152     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
1153     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
1154          (ii) (A) graduation from a recognized barber school located in a state other than Utah
1155     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
1156     credit hours; and
1157          (B) practice as a licensed barber in a state other than Utah for not less than the number
1158     of hours required to equal 1,000 total hours when added to the hours of instruction described in
1159     Subsection [(1)(d)(ii)(A)] (1)(c)(ii)(A); or
1160          (iii) completion of an approved barber apprenticeship; and
1161          [(e)] (d) meet the examination requirement established by rule.
1162          (2) Each applicant for licensure as a barber instructor shall:
1163          (a) submit an application in a form prescribed by the division;
1164          (b) subject to Subsection (24), pay a fee determined by the department under Section
1165     63J-1-504;
1166          (c) provide satisfactory documentation that the applicant is currently licensed as a
1167     barber;
1168          [(d) be of good moral character;]
1169          [(e)] (d) provide satisfactory documentation of completion of:
1170          (i) an instructor training program conducted by a licensed or recognized school, as
1171     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
1172     hours;
1173          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1174     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent

1175     number of credit hours; or
1176          (iii) a minimum of 2,000 hours of experience as a barber; and
1177          [(f)] (e) meet the examination requirement established by rule.
1178          (3) Each applicant for licensure as a barber school shall:
1179          (a) submit an application in a form prescribed by the division;
1180          (b) pay a fee determined by the department under Section 63J-1-504; and
1181          (c) provide satisfactory documentation:
1182          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1183          (ii) of business licensure from the city, town, or county in which the school is located;
1184          (iii) that the applicant's physical facilities comply with the requirements established by
1185     rule; and
1186          (iv) that the applicant meets:
1187          (A) the standards for barber schools, including staff and accreditation requirements,
1188     established by rule; and
1189          (B) the requirements for recognition as an institution of postsecondary study as
1190     described in Subsection (22).
1191          (4) Each applicant for licensure as a cosmetologist/barber shall:
1192          (a) submit an application in a form prescribed by the division;
1193          (b) pay a fee determined by the department under Section 63J-1-504;
1194          [(c) be of good moral character;]
1195          [(d)] (c) provide satisfactory documentation of:
1196          (i) graduation from a licensed or recognized cosmetology/barber school whose
1197     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
1198     credit hours, with full flexibility within those hours;
1199          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
1200     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1201     equivalent number of credit hours, with full flexibility within those hours; and
1202          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
1203     than the number of hours required to equal 1,600 total hours when added to the hours of
1204     instruction described in Subsection [(4)(d)(ii)(A)] (4)(c)(ii)(A); or
1205          (iii) completion of an approved cosmetology/barber apprenticeship; and

1206          [(e)] (d) meet the examination requirement established by rule.
1207          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
1208          (a) submit an application in a form prescribed by the division;
1209          (b) subject to Subsection (24), pay a fee determined by the department under Section
1210     63J-1-504;
1211          (c) provide satisfactory documentation that the applicant is currently licensed as a
1212     cosmetologist/barber;
1213          [(d) be of good moral character;]
1214          [(e)] (d) provide satisfactory documentation of completion of:
1215          (i) an instructor training program conducted by a licensed or recognized school, as
1216     defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
1217     hours;
1218          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1219     recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
1220     number of credit hours; or
1221          (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
1222          [(f)] (e) meet the examination requirement established by rule.
1223          (6) Each applicant for licensure as a cosmetologist/barber school shall:
1224          (a) submit an application in a form prescribed by the division;
1225          (b) pay a fee determined by the department under Section 63J-1-504; and
1226          (c) provide satisfactory documentation:
1227          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1228          (ii) of business licensure from the city, town, or county in which the school is located;
1229          (iii) that the applicant's physical facilities comply with the requirements established by
1230     rule; and
1231          (iv) that the applicant meets:
1232          (A) the standards for cosmetology schools, including staff and accreditation
1233     requirements, established by rule; and
1234          (B) the requirements for recognition as an institution of postsecondary study as
1235     described in Subsection (22).
1236          (7) Each applicant for licensure as an electrologist shall:

1237          (a) submit an application in a form prescribed by the division;
1238          (b) pay a fee determined by the department under Section 63J-1-504;
1239          [(c) be of good moral character;]
1240          [(d)] (c) provide satisfactory documentation of having graduated from a licensed or
1241     recognized electrology school after completing a curriculum of 600 hours of instruction or the
1242     equivalent number of credit hours; and
1243          [(e)] (d) meet the examination requirement established by rule.
1244          (8) Each applicant for licensure as an electrologist instructor shall:
1245          (a) submit an application in a form prescribed by the division;
1246          (b) subject to Subsection (24), pay a fee determined by the department under Section
1247     63J-1-504;
1248          (c) provide satisfactory documentation that the applicant is currently licensed as an
1249     electrologist;
1250          [(d) be of good moral character;]
1251          [(e)] (d) provide satisfactory documentation of completion of:
1252          (i) an instructor training program conducted by a licensed or recognized school, as
1253     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
1254     hours;
1255          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1256     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
1257     number of credit hours; or
1258          (iii) a minimum of 1,000 hours of experience as an electrologist; and
1259          [(f)] (e) meet the examination requirement established by rule.
1260          (9) Each applicant for licensure as an electrologist school 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; and
1263          (c) provide satisfactory documentation:
1264          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1265          (ii) of business licensure from the city, town, or county in which the school is located;
1266          (iii) that the applicant's facilities comply with the requirements established by rule; and
1267          (iv) that the applicant meets:

1268          (A) the standards for electrologist schools, including staff, curriculum, and
1269     accreditation requirements, established by rule; and
1270          (B) the requirements for recognition as an institution of postsecondary study as
1271     described in Subsection (22).
1272          (10) Each applicant for licensure as an esthetician shall:
1273          (a) submit an application in a form prescribed by the division;
1274          (b) pay a fee determined by the department under Section 63J-1-504;
1275          [(c) be of good moral character;]
1276          [(d)] (c) provide satisfactory documentation of one of the following:
1277          (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
1278     cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
1279     instruction with a minimum of 600 hours or the equivalent number of credit hours;
1280          (ii) completion of an approved esthetician apprenticeship; or
1281          (iii) (A) graduation from a recognized cosmetology/barber school located in a state
1282     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1283     equivalent number of credit hours, with full flexibility within those hours; and
1284          (B) practice as a licensed cosmetologist/barber for not less than the number of hours
1285     required to equal 1,600 total hours when added to the hours of instruction described in
1286     Subsection [(10)(d)(iii)(A)] (10)(c)(iii)(A); and
1287          [(e)] (d) meet the examination requirement established by division rule.
1288          (11) Each applicant for licensure as a master esthetician shall:
1289          (a) submit an application in a form prescribed by the division;
1290          (b) pay a fee determined by the department under Section 63J-1-504;
1291          [(c) be of good moral character;]
1292          [(d)] (c) provide satisfactory documentation of:
1293          (i) completion of at least 1,200 hours of training, or the equivalent number of credit
1294     hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1295     1,200 hours may have been completed:
1296          (A) at a licensed or recognized cosmetology/barbering school, if the applicant
1297     graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
1298     the equivalent number of credit hours, with full flexibility within those hours; or

1299          (B) at a licensed or recognized cosmetology/barber school located in a state other than
1300     Utah, if the applicant graduated from the school and its curriculum contained full flexibility
1301     within its hours of instruction; or
1302          (ii) completion of an approved master esthetician apprenticeship;
1303          [(e)] (d) if the applicant will practice lymphatic massage, provide satisfactory
1304     documentation to show completion of 200 hours of training, or the equivalent number of credit
1305     hours, in lymphatic massage as defined by division rule; and
1306          [(f)] (e) meet the examination requirement established by division rule.
1307          (12) Each applicant for licensure as an esthetician instructor shall:
1308          (a) submit an application in a form prescribed by the division;
1309          (b) subject to Subsection (24), pay a fee determined by the department under Section
1310     63J-1-504;
1311          (c) provide satisfactory documentation that the applicant is currently licensed as a
1312     master esthetician;
1313          [(d) be of good moral character;]
1314          [(e)] (d) provide satisfactory documentation of completion of:
1315          (i) an instructor training program conducted by a licensed or recognized school, as
1316     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1317     hours;
1318          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1319     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1320     number of credit hours; or
1321          (iii) a minimum of 1,000 hours of experience in esthetics; and
1322          [(f)] (e) meet the examination requirement established by rule.
1323          (13) Each applicant for licensure as an esthetics school shall:
1324          (a) submit an application in a form prescribed by the division;
1325          (b) pay a fee determined by the department under Section 63J-1-504; and
1326          (c) provide satisfactory documentation:
1327          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1328          (ii) of business licensure from the city, town, or county in which the school is located;
1329          (iii) that the applicant's physical facilities comply with the requirements established by

1330     rule; and
1331          (iv) that the applicant meets:
1332          (A) the standards for esthetics schools, including staff, curriculum, and accreditation
1333     requirements, established by division rule made in collaboration with the board; and
1334          (B) the requirements for recognition as an institution of postsecondary study as
1335     described in Subsection (22).
1336          (14) Each applicant for licensure as a hair designer shall:
1337          (a) submit an application in a form prescribed by the division;
1338          (b) pay a fee determined by the department under Section 63J-1-504;
1339          [(c) be of good moral character;]
1340          [(d)] (c) provide satisfactory documentation of:
1341          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
1342     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
1343     equivalent number of credit hours, with full flexibility within those hours;
1344          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
1345     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
1346     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
1347     and
1348          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
1349     Utah for not less than the number of hours required to equal 1,200 total hours when added to
1350     the hours of instruction described in Subsection [(14)(d)(ii)(A); or] (14)(c)(ii)(A);
1351          (iii) being a state licensed cosmetologist/barber; [and] or
1352          (iv) completion of an approved hair designer apprenticeship; and
1353          [(e)] (d) meet the examination requirements established by rule.
1354          (15) Each applicant for licensure as a hair designer instructor shall:
1355          (a) submit an application in a form prescribed by the division;
1356          (b) subject to Subsection (24), pay a fee determined by the department under Section
1357     63J-1-504;
1358          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
1359     designer or as a cosmetologist/barber;
1360          [(d) be of good moral character;]

1361          [(e)] (d) provide satisfactory documentation of completion of:
1362          (i) an instructor training program conducted by a licensed or recognized school, as
1363     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1364     hours;
1365          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1366     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1367     number of credit hours; or
1368          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
1369     cosmetologist/barber; and
1370          [(f)] (e) meet the examination requirement established by rule.
1371          (16) Each applicant for licensure as a hair design school shall:
1372          (a) submit an application in a form prescribed by the division;
1373          (b) pay a fee determined by the department under Section 63J-1-504; and
1374          (c) provide satisfactory documentation:
1375          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1376          (ii) of business licensure from the city, town, or county in which the school is located;
1377          (iii) that the applicant's physical facilities comply with the requirements established by
1378     rule; and
1379          (iv) that the applicant meets:
1380          (A) the standards for a hair design school, including staff and accreditation
1381     requirements, established by rule; and
1382          (B) the requirements for recognition as an institution of postsecondary study as
1383     described in Subsection (22).
1384          (17) Each applicant for licensure as a nail technician shall:
1385          (a) submit an application in a form prescribed by the division;
1386          (b) pay a fee determined by the department under Section 63J-1-504;
1387          [(c) be of good moral character;]
1388          [(d)] (c) provide satisfactory documentation of:
1389          (i) graduation from a licensed or recognized nail technology school, or a licensed or
1390     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
1391     instruction, or the equivalent number of credit hours;

1392          (ii) (A) graduation from a recognized nail technology school located in a state other
1393     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
1394     number of credit hours; and
1395          (B) practice as a licensed nail technician in a state other than Utah for not less than the
1396     number of hours required to equal 300 total hours when added to the hours of instruction
1397     described in Subsection [(17)(d)(ii)(A)] (17)(c)(ii)(A); or
1398          (iii) completion of an approved nail technician apprenticeship; and
1399          [(e)] (d) meet the examination requirement established by division rule.
1400          (18) Each applicant for licensure as a nail technician instructor shall:
1401          (a) submit an application in a form prescribed by the division;
1402          (b) subject to Subsection (24), pay a fee determined by the department under Section
1403     63J-1-504;
1404          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
1405     technician;
1406          [(d) be of good moral character;]
1407          [(e)] (d) provide satisfactory documentation of completion of:
1408          (i) an instructor training program conducted by a licensed or recognized school, as
1409     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
1410          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
1411     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
1412     equivalent number of credit hours; or
1413          (iii) a minimum of 600 hours of experience in nail technology; and
1414          [(f)] (e) meet the examination requirement established by rule.
1415          (19) Each applicant for licensure as a nail technology school shall:
1416          (a) submit an application in a form prescribed by the division;
1417          (b) pay a fee determined by the department under Section 63J-1-504; and
1418          (c) provide satisfactory documentation:
1419          (i) of appropriate registration with the Division of Corporations and Commercial Code;
1420          (ii) of business licensure from the city, town, or county in which the school is located;
1421          (iii) that the applicant's facilities comply with the requirements established by rule; and
1422          (iv) that the applicant meets:

1423          (A) the standards for nail technology schools, including staff, curriculum, and
1424     accreditation requirements, established by rule; and
1425          (B) the requirements for recognition as an institution of postsecondary study as
1426     described in Subsection (22).
1427          (20) Each applicant for licensure under this chapter whose education in the field for
1428     which a license is sought was completed at a foreign school may satisfy the educational
1429     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
1430     equivalency of the foreign school education with a licensed school under this chapter.
1431          (21) (a) A licensed or recognized school under this section shall accept credit hours
1432     towards graduation for documented, relevant, and substantially equivalent coursework
1433     previously completed by:
1434          (i) a student that did not complete the student's education while attending a different
1435     school; or
1436          (ii) a licensee of any other profession listed in this section, based on the licensee's
1437     schooling, apprenticeship, or experience.
1438          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1439     consistent with this section, the division may make rules governing the acceptance of credit
1440     hours under Subsection (21)(a).
1441          (22) A school licensed or applying for licensure under this chapter shall maintain
1442     recognition as an institution of postsecondary study by meeting the following conditions:
1443          (a) the school shall admit as a regular student only an individual who has earned a
1444     recognized high school diploma or the equivalent of a recognized high school diploma, or who
1445     is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
1446     Part 2, Compulsory Education; and
1447          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
1448     licensure by name, under this chapter to offer one or more training programs beyond the
1449     secondary level.
1450          (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
1451     approved apprenticeship shall register with the division as described in Section 58-11a-306.
1452          (24) The department may only charge a fee to a person applying for licensure as any
1453     type of instructor under this chapter if the person is not a licensed instructor in any other

1454     profession under this chapter.
1455          (25) In order to encourage economic development in the state in accordance with
1456     Subsection 63G-1-201(4)(e), the department may offer any required examination under this
1457     section, which is prepared by a national testing organization, in languages in addition to
1458     English.
1459          Section 17. Section 58-11a-304 is amended to read:
1460          58-11a-304. Exemptions from licensure.
1461          In addition to the exemptions from licensure in Section 58-1-307, the following persons
1462     may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1463     master-level esthetics, electrology, or nail technology without being licensed under this
1464     chapter:
1465          (1) a person licensed under the laws of this state to engage in the practice of medicine,
1466     surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
1467     they are licensed;
1468          (2) a commissioned physician or surgeon serving in the armed forces of the United
1469     States or another federal agency;
1470          (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
1471     when engaged in the practice of the profession for which the person is licensed;
1472          (4) a person who visits the state to engage in instructional seminars, advanced classes,
1473     trade shows, or competitions of a limited duration;
1474          (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
1475     design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
1476          (6) a person instructing an adult education class or other educational program directed
1477     toward persons who are not licensed under this chapter and that is not intended to train persons
1478     to become licensed under this chapter, provided:
1479          (a) an attendee receives no credit toward educational requirements for licensure under
1480     this chapter;
1481          (b) the instructor informs each attendee in writing that taking such a class or program
1482     will not certify or qualify the attendee to perform a service for compensation that requires
1483     licensure under this chapter; and
1484          (c) (i) the instructor is properly licensed; or

1485          (ii) the instructor receives no compensation;
1486          (7) a person providing instruction in workshops, seminars, training meetings, or other
1487     educational programs whose purpose is to provide continuing professional development to
1488     licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
1489     electrologists, or nail technicians;
1490          (8) a person enrolled in a licensed barber [or], cosmetology/barber, or hair design
1491     school when participating in an on the job training internship under the direct supervision of a
1492     licensed barber [or], cosmetologist/barber, or hair design upon completion of a basic program
1493     under the standards established by rule by the division in collaboration with the board;
1494          (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
1495          (10) an employee of a company that is primarily engaged in the business of selling
1496     products used in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1497     master-level esthetics, electrology, or nail technology when demonstrating the company's
1498     products to a potential customer, provided the employee makes no representation to a potential
1499     customer that attending such a demonstration will certify or qualify the attendee to perform a
1500     service for compensation that requires licensure under this chapter;
1501          (11) a person who:
1502          (a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair
1503     design, esthetics, master-level esthetics, electrology, or nail technology in another jurisdiction
1504     as evidenced by licensure, certification, or lawful practice in the other jurisdiction;
1505          (b) is employed by, or under contract with, a motion picture company; and
1506          (c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1507     master-level esthetics, electrology, or nail technology in the state:
1508          (i) solely to assist in the production of a motion picture; and
1509          (ii) for no more than 120 days per calendar year; and
1510          (12) a person who:
1511          (a) engages in hair braiding; and
1512          (b) unless it is expressly exempted under this section or Section 58-1-307, does not
1513     engage in other activity requiring licensure under this chapter.
1514          Section 18. Section 58-11a-306 is amended to read:
1515          58-11a-306. Apprenticeship.

1516          (1) An approved barber apprenticeship shall:
1517          (a) consist of not less than 1,250 hours of training [in not less than eight months]; and
1518          (b) be conducted by a supervisor who:
1519          (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
1520     instructor; and
1521          (ii) provides one-on-one direct supervision of the barber apprentice during the
1522     apprenticeship program.
1523          (2) An approved cosmetologist/barber apprenticeship shall:
1524          (a) consist of not less than 2,500 hours of training [in not less than 15 months]; and
1525          (b) be conducted by a supervisor who:
1526          (i) is licensed under this chapter as a cosmetologist/barber instructor; and
1527          (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
1528     during the apprenticeship program.
1529          (3) An approved hair designer apprenticeship shall:
1530          (a) consist of not less than 1,600 hours of training; and
1531          (b) be conducted by a supervisor who:
1532          (i) is licensed under this chapter as a hair designer instructor or a cosmetologist/barber
1533     instructor; and
1534          (ii) provides one-on-one direct supervision of the hair designer apprentice during the
1535     apprenticeship program.
1536          [(3)] (4) An approved esthetician apprenticeship shall:
1537          (a) consist of not less than 800 hours of training [in not less than five months]; and
1538          (b) be conducted by a supervisor who:
1539          (i) is licensed under this chapter as an esthetician instructor; and
1540          (ii) provides one-on-one direct supervision of the esthetician apprentice during the
1541     apprenticeship program.
1542          [(4)] (5) An approved master esthetician apprenticeship shall:
1543          (a) consist of not less than 1,500 hours of training [in not less than 10 months]; and
1544          (b) be conducted by a supervisor who:
1545          (i) is licensed under this chapter as a master-level esthetician instructor; and
1546          (ii) provides one-on-one direct supervision of the master esthetician apprentice during

1547     the apprenticeship program.
1548          [(5)] (6) An approved nail technician apprenticeship shall:
1549          (a) consist of not less than 375 hours of training [in not less than three months]; and
1550          (b) be conducted by a supervisor who:
1551          (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
1552     instructor;
1553          (ii) provides direct supervision of the nail technician apprentice during the
1554     apprenticeship program; and
1555          (iii) provides direct supervision to no more than two nail technician apprentices during
1556     the apprentice program.
1557          [(6)] (7) A person seeking to qualify for licensure by apprenticing in an approved
1558     apprenticeship under this chapter shall:
1559          (a) register with the division before beginning the training requirements by:
1560          (i) submitting a form prescribed by the division, which includes the name of the
1561     licensed supervisor; and
1562          (ii) paying a fee determined by the department under Section 63J-1-504;
1563          (b) complete the apprenticeship within five years of the date on which the division
1564     approves the registration; and
1565          (c) notify the division within 30 days if the licensed supervisor changes after the
1566     registration is approved by the division.
1567          [(7)] (8) Notwithstanding Subsection [(6)] (7), if a person seeking to qualify for
1568     licensure by apprenticing in an approved apprenticeship under this chapter registers with the
1569     division before January 1, 2017, any training requirements completed by the person as an
1570     apprentice in an approved apprenticeship before registration may be applied to successful
1571     completion of the approved apprenticeship.
1572          Section 19. Section 58-11a-502 is amended to read:
1573          58-11a-502. Unlawful conduct.
1574          Unlawful conduct includes:
1575          (1) practicing or engaging in, or attempting to practice or engage in activity for which a
1576     license is required under this chapter unless:
1577          (a) the person holds the appropriate license under this chapter; or

1578          (b) an exemption in Section 58-1-307 or 58-11a-304 applies;
1579          [(2) aiding or abetting a person engaging in the practice of, or attempting to engage in
1580     the practice of, any occupation or profession licensed under this chapter if the employee is not
1581     licensed to do so under this chapter or exempt from licensure;]
1582          [(3)] (2) touching, or applying an instrument or device to the following areas of a
1583     client's body:
1584          (a) the genitals or the anus, except in cases where the patron states to a licensee that the
1585     patron requests a hair removal procedure and signs a written consent form, which must also
1586     include the witnessed signature of a legal guardian if the patron is a minor, authorizing the
1587     licensee to perform a hair removal procedure; or
1588          (b) the breast of a female patron, except in cases in which the female patron states to a
1589     licensee that the patron requests breast skin procedures and signs a written consent form, which
1590     must also include the witnessed signature of a parent or legal guardian if the patron is a minor,
1591     authorizing the licensee to perform breast skin procedures;
1592          [(4)] (3) using or possessing a solution composed of at least 10% methyl methacrylete
1593     on a client;
1594          [(5)] (4) performing an ablative procedure as defined in Section 58-67-102;
1595          [(6)] (5) when acting as an instructor regarding a service requiring licensure under this
1596     chapter, for a class or education program where attendees are not licensed under this chapter,
1597     failing to inform each attendee in writing that:
1598          (a) taking the class or program without completing the requirements for licensure under
1599     this chapter is insufficient to certify or qualify the attendee to perform a service for
1600     compensation that requires licensure under this chapter; and
1601          (b) the attendee is required to obtain licensure under this chapter before performing the
1602     service for compensation; or
1603          [(7)] (6) failing as a salon or school where nail technology is practiced or taught to
1604     maintain a source capture system required under Title 15A, State Construction and Fire Codes
1605     Act, including failing to maintain and clean a source capture system's air filter according to the
1606     manufacturer's instructions.
1607          Section 20. Section 58-15-11 is amended to read:
1608          58-15-11. Exemptions to chapter.

1609          (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
1610     apply to [facilities of any]:
1611          (a) a facility of a recognized church or denomination that cares for the sick and
1612     suffering by mental or spiritual means if no drug or material remedy is used in the care
1613     provided[.]; or
1614          (b) the superintendent of the Utah State Developmental Center described in Section
1615     62A-5-201.
1616          (2) Any [facilities] facility or person exempted under this section shall comply with
1617     each statute and rule on sanitation and life safety.
1618          Section 21. Section 58-16a-302 is amended to read:
1619          58-16a-302. Qualifications for licensure.
1620          (1) An applicant for licensure as an optometrist shall:
1621          (a) submit an application in a form prescribed by the division;
1622          (b) pay a fee as determined by the division under Section 63J-1-504;
1623          [(c) be of good moral character;]
1624          [(d)] (c) (i) be a doctoral graduate of a recognized school of optometry accredited by
1625     the American Optometric Association's Accreditation Council on Optometric Education; or
1626          (ii) be a graduate of a school of optometry located outside the United States that meets
1627     the criteria that would qualify the school for accreditation under Subsection [(1)(d)(i)] (1)(c)(i),
1628     as demonstrated by the applicant for licensure;
1629          [(e)] (d) if the applicant graduated from a recognized school of optometry prior to July
1630     1, 1996, have successfully completed a course of study satisfactory to the division, in
1631     consultation with the board, in general and ocular pharmacology and emergency medical care;
1632          [(f)] (e) have passed examinations approved by the division in consultation with the
1633     board that include:
1634          (i) a standardized national optometry examination;
1635          (ii) a standardized clinical examination; and
1636          (iii) a standardized national therapeutics examination; and
1637          [(g)] (f) meet with the board and representatives of the division, if requested by either
1638     party, for the purpose of evaluating the applicant's qualifications for licensure.
1639          (2) Notwithstanding Subsection (1) and Section 58-1-302, the division shall issue a

1640     license under this chapter by endorsement to an individual who:
1641          (a) submits an application for licensure by endorsement on a form approved by the
1642     division;
1643          (b) pays a fee established by the division in accordance with Section 63J-1-504;
1644          [(c) provides satisfactory evidence to the division that the individual is of good moral
1645     character;]
1646          [(d)] (c) verifies that the individual is licensed as an optometrist in good standing in
1647     each state of the United States, or province of Canada, in which the individual is currently
1648     licensed as an optometrist; and
1649          [(e)] (d) has been actively engaged in the legal practice of optometry for at least 3,200
1650     hours during the immediately preceding two years in a manner consistent with the legal
1651     practice of optometry in this state.
1652          Section 22. Section 58-16a-501 is amended to read:
1653          58-16a-501. Unlawful conduct.
1654          "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
1655          (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
1656     certificate, or registration;
1657          [(2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
1658     diploma, license, certificate, or registration;]
1659          [(3)] (2) selling or providing contact lenses or ophthalmic lenses in a manner
1660     inconsistent with Section 58-16a-801 or intentionally altering a prescription unless the person
1661     selling or providing the lenses is a licensed optometrist or ophthalmologist; or
1662          [(4)] (3) representing oneself as or using the title of "optometrist," "optometric
1663     physician," "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
1664          Section 23. Section 58-16a-503 is amended to read:
1665          58-16a-503. Penalty for unlawful conduct.
1666          (1) Except as provided in Subsection (2), any person who violates the unlawful
1667     conduct provision defined in Section 58-16a-501 or Subsection 58-1-501(1)(a) or (1)(c) is
1668     guilty of a third degree felony.
1669          (2) A person who violates Subsection 58-16a-501[(3)](2) is guilty of a class C
1670     misdemeanor.

1671          Section 24. Section 58-17b-303 is amended to read:
1672          58-17b-303. Qualifications for licensure as a pharmacist.
1673          (1) An applicant for licensure as a pharmacist shall:
1674          (a) submit an application in a form prescribed by the division;
1675          (b) pay a fee as determined by the department under Section 63J-1-504;
1676          [(c) produce satisfactory evidence of good moral character as it relates to the
1677     applicant's ability to practice pharmacy;]
1678          [(d)] (c) complete a criminal background check and be free from criminal convictions
1679     as described in Section 58-1-501;
1680          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant
1681     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1682     public;
1683          [(f)] (e) have graduated and received a professional entry degree from a school or
1684     college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
1685          [(g)] (f) have completed an internship meeting standards established by division rule
1686     made in collaboration with the board; and
1687          [(h)] (g) have successfully passed examinations required by division rule made in
1688     collaboration with the board.
1689          (2) An applicant for licensure as a pharmacist whose pharmacy education was
1690     completed at a foreign pharmacy school shall, in addition to the requirements under
1691     Subsections (1)(a) through [(e), (g), and (h)] (d), (f), and (g), obtain a certification of
1692     equivalency from a credentialing agency required by division rule made in collaboration with
1693     the board.
1694          (3) An applicant for a license by endorsement as a pharmacist under this section shall:
1695          (a) submit a written application in the form prescribed by the division;
1696          (b) pay the fee determined by the department under Section 63J-1-504;
1697          [(c) be of good moral character as required of applicants for licensure as pharmacists
1698     under Subsection (1);]
1699          [(d)] (c) complete a criminal background check and be free from criminal convictions
1700     as described in Section 58-1-501;
1701          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant

1702     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1703     public;
1704          [(f)] (e) have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in
1705     the four years immediately preceding the date of application;
1706          [(g)] (f) produce satisfactory evidence of completing the professional education
1707     required under Subsection (1);
1708          [(h)] (g) be currently licensed in good standing as a pharmacist in another state,
1709     territory, or possession of the United States;
1710          [(i)] (h) produce satisfactory evidence that the examination requirements are or were at
1711     the time the license was issued, equal to those of this state; and
1712          [(j)] (i) pass the jurisprudence examination prescribed by division rule made in
1713     collaboration with the board.
1714          Section 25. Section 58-17b-304 is amended to read:
1715          58-17b-304. Qualifications for licensure of pharmacy intern.
1716          An applicant for licensure as a pharmacy intern shall:
1717          (1) submit an application in a form prescribed by the division;
1718          (2) pay a fee determined by the department under Section 63J-1-504;
1719          [(3) produce satisfactory evidence of good moral character as it relates to the
1720     applicant's ability to practice pharmacy;]
1721          [(4)] (3) complete a criminal background check and be free from criminal convictions
1722     as described in Section 58-1-501;
1723          [(5)] (4) have no physical or mental condition of a nature which prevents the applicant
1724     from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1725     public;
1726          [(6)] (5) meet the preliminary educational qualifications required by division rule made
1727     in collaboration with the board; and
1728          [(7)] (6) meet one of the following educational criteria:
1729          (a) be a current pharmacy student, a resident, or fellow in a program approved by
1730     division rule made in collaboration with the board; or
1731          (b) have graduated from a foreign pharmacy school and received certification of
1732     equivalency from a credentialing agency approved by division rule made in collaboration with

1733     the board.
1734          Section 26. Section 58-17b-305 is amended to read:
1735          58-17b-305. Qualifications for licensure of pharmacy technician.
1736          (1) An applicant for licensure as a pharmacy technician shall:
1737          (a) submit an application in a form prescribed by the division;
1738          (b) pay a fee determined by the department under Section 63J-1-504;
1739          [(c) produce satisfactory evidence of good moral character as it relates to the
1740     applicant's ability to practice pharmacy;]
1741          [(d)] (c) complete a criminal background check and be free from criminal convictions
1742     as described in Section 58-1-501;
1743          [(e)] (d) have no physical or mental condition of a nature which prevents the applicant
1744     from engaging in practice as a pharmacy technician with reasonable skill, competency, and
1745     safety to the public;
1746          [(f)] (e) have completed a program and curriculum of education and training, meeting
1747     standards established by division rule made in collaboration with the board; and
1748          [(g)] (f) successfully complete the examinations requirement within the time periods
1749     established by division rule made in collaboration with the board.
1750          (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1751     disciplinary purposes is not eligible to be a licensed pharmacy technician while on probation
1752     with the division.
1753          Section 27. Section 58-17b-305.1 is amended to read:
1754          58-17b-305.1. Qualifications for licensure of pharmacy technician trainee.
1755          (1) An applicant for licensure as a pharmacy technician trainee shall:
1756          (a) submit an application to the division on a form created by the division;
1757          (b) pay a fee established by the division in accordance with Section 63J-1-504;
1758          [(c) submit satisfactory evidence, as determined by the division, of good moral
1759     character as it relates to the applicant's ability to practice pharmacy;]
1760          [(d)] (c) unless exempted by the division, submit a completed criminal background
1761     check;
1762          [(e)] (d) demonstrate, as determined by the division, that the applicant does not have a
1763     physical or mental condition that would prevent the applicant from engaging in practice as a

1764     pharmacy technician with reasonable skill, competency, and safety to the public; and
1765          [(f)] (e) submit evidence that the applicant is enrolled in a training program approved
1766     by the division.
1767          (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1768     disciplinary purposes is not eligible to be licensed as a pharmacy technician trainee during
1769     division probation.
1770          Section 28. Section 58-17b-308 is amended to read:
1771          58-17b-308. Term of license -- Expiration -- Renewal.
1772          (1) Except as provided in Subsection (2), each license issued under this chapter shall be
1773     issued in accordance with a two-year renewal cycle established by rule. A renewal period may
1774     be extended or shortened by as much as one year to maintain established renewal cycles or to
1775     change an established renewal cycle. Each license automatically expires on the expiration date
1776     shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
1777          (2) The duration of a pharmacy intern license may be no longer than:
1778          (a) one year for a license issued under Subsection [58-17b-304(7)(b)]
1779     58-17b-304(6)(b); or
1780          (b) five years for a license issued under Subsection [58-17b-304(7)(a)]
1781     58-17b-304(6)(b).
1782          (3) A pharmacy intern license issued under this chapter may not be renewed, but may
1783     be extended by the division in collaboration with the board.
1784          (4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that
1785     engages in compounding, a licensee shall submit the most recent inspection report:
1786          (a) conducted within two years before the application for renewal; and
1787          (b) (i) conducted as part of the National Association of Boards of Pharmacy Verified
1788     Pharmacy Program; or
1789          (ii) performed by the state licensing agency of the state in which the applicant is a
1790     resident and in accordance with the National Association of Boards of Pharmacy multistate
1791     inspection blueprint program.
1792          Section 29. Section 58-20b-302 is amended to read:
1793          58-20b-302. Qualifications for licensure.
1794          (1) Except as provided in Subsection (2), an applicant for licensure as an

1795     environmental health scientist shall:
1796          (a) submit an application in a form prescribed by the division;
1797          (b) pay a fee determined by the department under Section 63J-1-504;
1798          [(c) be of good moral character;]
1799          [(d)] (c) hold, at a minimum, a bachelor's degree from an accredited program in a
1800     university or college, which degree includes completion of specific course work as defined by
1801     rule;
1802          [(e)] (d) pass an examination as determined by division rule in collaboration with the
1803     board; and
1804          [(f)] (e) pass the Utah Law and Rules Examination for Environmental Health Scientists
1805     administered by the division.
1806          (2) An applicant for licensure as an environmental health scientist-in-training shall:
1807          (a) submit an application in a form prescribed by the division;
1808          (b) pay a fee determined by the department under Section 63J-1-504;
1809          [(c) be of good moral character;]
1810          [(d)] (c) hold, at a minimum, a bachelor's degree from an accredited program in a
1811     university or college, which degree includes completion of specific course work as defined by
1812     rule;
1813          [(e)] (d) pass the Utah Law and Rules Examination for Environmental Health
1814     Scientists administered by the division; and
1815          [(f)] (e) present evidence acceptable to the division and the board that the applicant,
1816     when licensed, will practice as an environmental health scientist-in-training only under the
1817     general supervision of a supervising environmental health scientist licensed under this chapter.
1818          Section 30. Section 58-22-102 is amended to read:
1819          58-22-102. Definitions.
1820          In addition to the definitions in Section 58-1-102, as used in this chapter:
1821          (1) "Board" means the Professional Engineers and Professional Land Surveyors
1822     Licensing Board created in Section 58-22-201.
1823          (2) "Building" means a structure which has human occupancy or habitation as its
1824     principal purpose, and includes the structural, mechanical, and electrical systems, utility
1825     services, and other facilities required for the building, and is otherwise governed by the State

1826     Construction Code or an approved code under Title 15A, State Construction and Fire Codes
1827     Act.
1828          (3) "Complete construction plans" means a final set of plans, specifications, and reports
1829     for a building or structure that normally includes:
1830          (a) floor plans;
1831          (b) elevations;
1832          (c) site plans;
1833          (d) foundation, structural, and framing detail;
1834          (e) electrical, mechanical, and plumbing design;
1835          (f) information required by the energy code;
1836          (g) specifications and related calculations as appropriate; and
1837          (h) all other documents required to obtain a building permit.
1838          (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation
1839     Board for Engineering and Technology.
1840          (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
1841     Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
1842          (6) "NCEES" means the National Council of Examiners for Engineering and
1843     Surveying.
1844          (7) "Principal" means a licensed professional engineer, professional structural engineer,
1845     or professional land surveyor having responsible charge of an organization's professional
1846     engineering, professional structural engineering, or professional land surveying practice.
1847          (8) "Professional engineer" means a person licensed under this chapter as a
1848     professional engineer.
1849          (9) (a) "Professional engineering," "the practice of engineering," or "the practice of
1850     professional engineering" means a service or creative work, the adequate performance of which
1851     requires engineering education, training, and experience in the application of special
1852     knowledge of the mathematical, physical, and engineering sciences to the service or creative
1853     work as consultation, investigation, evaluation, planning, design, and design coordination of
1854     engineering works and systems, planning the use of land and water, facility programming,
1855     performing engineering surveys and studies, and the review of construction for the purpose of
1856     monitoring compliance with drawings and specifications; any of which embraces these services

1857     or work, either public or private, in connection with any utilities, structures, buildings,
1858     machines, equipment, processes, work systems, projects, and industrial or consumer products
1859     or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and
1860     including other professional services as may be necessary to the planning, progress, and
1861     completion of any engineering services.
1862          (b) "The practice of professional engineering" does not include the practice of
1863     architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform
1864     architecture work as is incidental to the practice of engineering[.] if:
1865          (i) the incidental work can be safely and competently performed by the licensee
1866     without jeopardizing the life, health, property, and welfare of the public;
1867          (ii) the incidental work is secondary and substantially narrower in scope and magnitude
1868     when compared to the professional engineering work performed or to be performed by the
1869     licensee;
1870          (iii) the licensee is fully responsible for the incidental work as described in Subsection
1871     58-22-603(1);
1872          (iv) except for incidental work where the licensee is exempt from licensure as provided
1873     in Subsection 58-22-305(1)(e), the incidental work affects not more than 49 occupants as
1874     determined by the provisions of Title 15A, State Construction and Fire Codes Act;
1875          (v) except for incidental work where the licensee is exempt from licensure as provided
1876     in Subsection 58-22-305(1)(e), the incidental work is part of a project where the construction
1877     value of the incidental work is not greater than 15% of the overall construction value of the
1878     project, including all changes or additions to the contracted or agreed upon incidental work;
1879     and
1880          (vi) the incidental work does not include work on a building or related structure in an
1881     occupancy risk category of III or IV as determined by the provisions of Title 15A, State
1882     Construction and Fire Codes Act.
1883          (10) "Professional engineering intern" means a person who:
1884          (a) has completed the education requirements to become a professional engineer;
1885          (b) has passed the fundamentals of engineering examination; and
1886          (c) is engaged in obtaining the four years of qualifying experience for licensure under
1887     the direct supervision of a licensed professional engineer.

1888          (11) "Professional land surveying" or "the practice of land surveying" means a service
1889     or work, the adequate performance of which requires the application of special knowledge of
1890     the principles of mathematics, the related physical and applied sciences, and the relevant
1891     requirements of law for adequate evidence to the act of measuring and locating lines, angles,
1892     elevations, natural and man-made features in the air, on the surface of the earth, within
1893     underground workings, and on the beds of bodies of water for the purpose of determining areas
1894     and volumes, for the monumenting or locating of property boundaries or points controlling
1895     boundaries, and for the platting and layout of lands and subdivisions of lands, including the
1896     topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
1897     record plats, field notes records, and property descriptions that represent these surveys and
1898     other duties as sound surveying practices could direct.
1899          (12) "Professional land surveyor" means an individual licensed under this chapter as a
1900     professional land surveyor.
1901          (13) "Professional structural engineer" means a person licensed under this chapter as a
1902     professional structural engineer.
1903          (14) (a) "Professional structural engineering" or "the practice of structural engineering"
1904     means a service or creative work providing structural engineering services for significant
1905     structures, including:
1906          (i) buildings and other structures representing a substantial hazard to human life, which
1907     include:
1908          (A) buildings and other structures whose primary occupancy is public assembly with an
1909     occupant load greater than 300;
1910          (B) buildings and other structures with elementary school, secondary school, or day
1911     care facilities with an occupant load greater than 250;
1912          (C) buildings and other structures with an occupant load greater than 500 for colleges
1913     or adult education facilities;
1914          (D) health care facilities with an occupant load of 50 or more resident patients, but not
1915     having surgery or emergency treatment facilities;
1916          (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
1917          (F) buildings and other structures with an occupant load greater than 5,000;
1918          (ii) buildings and other structures designated as essential facilities, including:

1919          (A) hospitals and other health care facilities having surgery or emergency treatment
1920     facilities with a gross area greater than 3,000 square feet;
1921          (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
1922     greater than 24 feet or a gross area greater than 5,000 square feet;
1923          (C) designated earthquake, hurricane, or other emergency shelters with a gross area
1924     greater than 3,000 square feet;
1925          (D) designated emergency preparedness, communication, and operation centers and
1926     other buildings required for emergency response with a mean height more than 24 feet or a
1927     gross area greater than 5,000 square feet;
1928          (E) power-generating stations and other public utility facilities required as emergency
1929     backup facilities with a gross area greater than 3,000 square feet;
1930          (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
1931     square feet containing highly toxic materials as defined by the division by rule, where the
1932     quantity of the material exceeds the maximum allowable quantities set by the division by rule;
1933     and
1934          (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
1935     at commercial service and cargo air services airports as defined by the Federal Aviation
1936     Administration with a mean height greater than 35 feet or a gross area greater than 20,000
1937     square feet; and
1938          (iii) buildings and other structures requiring special consideration, including:
1939          (A) structures or buildings that are normally occupied by human beings and are five
1940     stories or more in height;
1941          (B) structures or buildings that are normally occupied by human beings and have an
1942     average roof height more than 60 feet above the average ground level measured at the
1943     perimeter of the structure; and
1944          (C) buildings that are over 200,000 aggregate gross square feet in area.
1945          (b) "Professional structural engineering" or "the practice of structural engineering":
1946          (i) includes the definition of professional engineering or the practice of professional
1947     engineering as provided in Subsection (9); and
1948          (ii) may be further defined by rules made by the division in collaboration with the
1949     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

1950          (15) "Structure" means that which is built or constructed, an edifice or building of any
1951     kind, or a piece of work artificially built up or composed of parts joined together in a definite
1952     manner, and as otherwise governed by the State Construction Code or an approved code under
1953     Title 15A, State Construction and Fire Codes Act.
1954          (16) "Supervision of an employee, subordinate, associate, or drafter of a licensee"
1955     means that a licensed professional engineer, professional structural engineer, or professional
1956     land surveyor is responsible for and personally reviews, corrects when necessary, and approves
1957     work performed by an employee, subordinate, associate, or drafter under the direction of the
1958     licensee, and may be further defined by rule by the division in collaboration with the board.
1959          (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
1960     Board for Engineering and Technology.
1961          (18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
1962     and 58-22-501.
1963          (19) "Unprofessional conduct" means the same as that term is defined in Sections
1964     58-1-501 and 58-22-502.5 .
1965          Section 31. Section 58-22-104 is amended to read:
1966          58-22-104. Surcharge fee.
1967          (1) In addition to any other fees authorized by this chapter or by the division in
1968     accordance with Section 63J-1-504, the division shall require each applicant for an initial
1969     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
1970     surcharge fee.
1971          (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
1972     used by the division to provide each licensee under this chapter with access to an electronic
1973     reference library that provides web-based access to national, state, and local building codes and
1974     standards.
1975          Section 32. Section 58-22-302 is amended to read:
1976          58-22-302. Qualifications for licensure.
1977          (1) Each applicant for licensure as a professional engineer shall:
1978          (a) submit an application in a form prescribed by the division;
1979          (b) pay a fee determined by the department under Section 63J-1-504;
1980          [(c) provide satisfactory evidence of good moral character;]

1981          [(d)] (c) (i) have graduated and received a bachelors or masters degree from an
1982     engineering program meeting criteria established by rule by the division in collaboration with
1983     the board; or
1984          (ii) have completed the Transportation Engineering Technology and Fundamental
1985     Engineering College Program before July 1, 1998, under the direction of the Utah Department
1986     of Transportation and as certified by the Utah Department of Transportation;
1987          [(e)] (d) have successfully completed a program of qualifying experience established
1988     by rule by the division in collaboration with the board;
1989          [(f)] (e) have successfully passed examinations established by rule by the division in
1990     collaboration with the board; and
1991          [(g)] (f) meet with the board or representative of the division upon request for the
1992     purpose of evaluating the applicant's qualification for licensure.
1993          (2) Each applicant for licensure as a professional structural engineer shall:
1994          (a) submit an application in a form prescribed by the division;
1995          (b) pay a fee determined by the department under Section 63J-1-504;
1996          [(c) provide satisfactory evidence of good moral character;]
1997          [(d)] (c) have graduated and received an earned bachelors or masters degree from an
1998     engineering program meeting criteria established by rule by the division in collaboration with
1999     the board;
2000          [(e)] (d) have successfully completed three years of licensed professional engineering
2001     experience established by rule by the division in collaboration with the board, except that prior
2002     to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
2003     prescribed by the division stating that the applicant is currently engaged in the practice of
2004     structural engineering;
2005          [(f)] (e) have successfully passed examinations established by rule by the division in
2006     collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
2007     may submit a signed affidavit in a form prescribed by the division stating that the applicant is
2008     currently engaged in the practice of structural engineering; and
2009          [(g)] (f) meet with the board or representative of the division upon request for the
2010     purpose of evaluating the applicant's qualification for licensure.
2011          (3) Each applicant for licensure as a professional land surveyor shall:

2012          (a) submit an application in a form prescribed by the division;
2013          (b) pay a fee determined by the department under Section 63J-1-504;
2014          [(c) provide satisfactory evidence of good moral character;]
2015          [(d)] (c) (i) have graduated and received an associates, bachelors, or masters degree
2016     from a land surveying program, or an equivalent land surveying program, such as a program
2017     offered by a technical college described in Section 53B-2a-105, as approved by the State Board
2018     of Regents, established by rule by the division in collaboration with the board, and have
2019     successfully completed a program of qualifying experience in land surveying established by
2020     rule by the division in collaboration with the board; or
2021          (ii) have successfully completed a program of qualifying experience in land surveying
2022     prior to January 1, 2007, in accordance with rules established by the division in collaboration
2023     with the board;
2024          [(e)] (d) have successfully passed examinations established by rule by the division in
2025     collaboration with the board; and
2026          [(f)] (e) meet with the board or representative of the division upon request for the
2027     purpose of evaluating the applicant's qualification for licensure.
2028          (4) Each applicant for licensure by endorsement shall:
2029          (a) submit an application in a form prescribed by the division;
2030          (b) pay a fee determined by the department under Section 63J-1-504;
2031          [(c) provide satisfactory evidence of good moral character;]
2032          [(d)] (c) submit satisfactory evidence of:
2033          (i) current licensure in good standing in a jurisdiction recognized by rule by the
2034     division in collaboration with the board;
2035          (ii) having successfully passed an examination established by rule by the division in
2036     collaboration with the board; and
2037          (iii) full-time employment as a principal for at least five of the last seven years
2038     immediately preceding the date of the application as a:
2039          (A) licensed professional engineer for licensure as a professional engineer;
2040          (B) licensed professional structural engineer for licensure as a structural engineer; or
2041          (C) licensed professional land surveyor for licensure as a professional land surveyor;
2042     and

2043          [(e)] (d) meet with the board or representative of the division upon request for the
2044     purpose of evaluating the applicant's qualifications for license.
2045          (5) The rules made to implement this section shall be in accordance with Title 63G,
2046     Chapter 3, Utah Administrative Rulemaking Act.
2047          Section 33. Section 58-22-305 is amended to read:
2048          58-22-305. Exemption from licensure.
2049          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2050     may engage in the following acts or practices without being licensed under this chapter:
2051          (a) a person offering to render professional engineering, professional structural
2052     engineering, or professional land surveying services in this state when not licensed under this
2053     chapter if the person:
2054          (i) holds a current and valid professional engineer, professional structural engineer, or
2055     professional land surveyor license issued by a licensing authority recognized by rule by the
2056     division in collaboration with the board;
2057          (ii) discloses in writing to the potential client the fact that the professional engineer,
2058     professional structural engineer, or professional land surveyor:
2059          (A) is not licensed in the state;
2060          (B) may not provide professional engineering, professional structural engineering, or
2061     professional land surveying services in the state until licensed in the state; and
2062          (C) that such condition may cause a delay in the ability of the professional engineer,
2063     professional structural engineer, or professional land surveyor to provide licensed services in
2064     the state;
2065          (iii) notifies the division in writing of the person's intent to offer to render professional
2066     engineering, professional structural engineering, or professional land surveying services in the
2067     state; and
2068          (iv) does not provide professional engineering, professional structural engineering, or
2069     professional land surveying services, or engage in the practice of professional engineering,
2070     professional structural engineering, or professional land surveying in this state until licensed to
2071     do so;
2072          (b) a person preparing a plan and specification for a one or two-family residence not
2073     exceeding two stories in height;

2074          (c) a person licensed to practice architecture under Title 58, Chapter 3a, Architects
2075     Licensing Act, performing architecture acts or incidental engineering or structural engineering
2076     practices that do not exceed the scope of the education and training of the person performing
2077     engineering or structural engineering;
2078          (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
2079     under this chapter while preparing plans, maps, sketches, drawings, documents, specifications,
2080     plats, and reports under the supervision of a professional engineer, professional structural
2081     engineer, or professional land surveyor;
2082          (e) a person preparing a plan or specification for, or supervising the alteration of or
2083     repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
2084     elements of a building are not changed, such as foundations, beams, columns, and structural
2085     slabs, joists, bearing walls, and trusses;
2086          (f) an employee of a communications, utility, railroad, mining, petroleum, or
2087     manufacturing company, or an affiliate of such a company, if the professional engineering or
2088     professional structural engineering work is performed solely in connection with the products or
2089     systems of the company and is not offered directly to the public;
2090          (g) an organization engaged in the practice of professional engineering, structural
2091     engineering, or professional land surveying, provided that:
2092          (i) the organization employs a principal; and
2093          (ii) all individuals employed by the organization, who are engaged in the practice of
2094     professional engineering, structural engineering, or land surveying, are licensed or exempt from
2095     licensure under this chapter; and
2096          (h) a person licensed as a professional engineer, a professional structural engineer, or a
2097     professional land surveyor in a state other than Utah serving as an expert witness, provided the
2098     expert testimony meets one of the following:
2099          (i) oral testimony as an expert witness in an administrative, civil, or criminal
2100     proceeding; or
2101          (ii) written documentation included as part of the testimony in a proceeding, including
2102     designs, studies, plans, specifications, or similar documentation, provided that the purpose of
2103     the written documentation is not to establish specifications, plans, designs, processes, or
2104     standards to be used in the future in an industrial process, system, construction, design, or

2105     repair.
2106          (2) Nothing in this section shall be construed to restrict a [draftsman] person from
2107     preparing plans for a client under the exemption provided in Subsection (1)(b), or taking those
2108     plans to a professional engineer for the engineer's review, approval, and subsequent fixing of
2109     the engineer's seal to that set of plans[, if the plans meet the building code standards].
2110          Section 34. Section 58-24b-302 is amended to read:
2111          58-24b-302. Licensure.
2112          (1) An applicant for a license as a physical therapist shall:
2113          [(a) be of good moral character;]
2114          [(b)] (a) complete the application process, including payment of fees;
2115          [(c)] (b) submit proof of graduation from a professional physical therapist education
2116     program that is accredited by a recognized accreditation agency;
2117          [(d)] (c) pass a licensing examination:
2118          (i) after complying with Subsection [(1)(c)] (1)(b); or
2119          (ii) if the applicant is in the final term of a professional physical therapist education
2120     program that is accredited by a recognized accreditation agency;
2121          [(e)] (d) be able to read, write, speak, understand, and be understood in the English
2122     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2123          [(f) if the applicant is applying to participate in the Physical Therapy Licensure
2124     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
2125          (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2126     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2127     Administrative Rulemaking Act; and
2128          [(g)] (f) meet any other requirements established by the division, by rule made in
2129     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2130          (2) An applicant for a license as a physical therapist assistant shall:
2131          [(a) be of good moral character;]
2132          [(b)] (a) complete the application process, including payment of fees set by the
2133     division, in accordance with Section 63J-1-504, to recover the costs of administering the
2134     licensing requirements relating to physical therapist assistants;
2135          [(c)] (b) submit proof of graduation from a physical therapist assistant education

2136     program that is accredited by a recognized accreditation agency;
2137          [(d)] (c) pass a licensing examination approved by division rule made in collaboration
2138     with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2139     Act:
2140          (i) after the applicant complies with Subsection [(2)(c)] (2)(b); or
2141          (ii) if the applicant is in the final term of a physical therapist assistant education
2142     program that is accredited by a recognized accreditation agency;
2143          [(e)] (d) be able to read, write, speak, understand, and be understood in the English
2144     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2145          [(f)] (e) submit to, and pass, a criminal background check, in accordance with Section
2146     58-24b-302.1 and standards established by rule made in accordance with Title 63G, Chapter 3,
2147     Utah Administrative Rulemaking Act; and
2148          [(g)] (f) meet any other requirements established by the division, by rule made in
2149     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2150          (3) An applicant for a license as a physical therapist who is educated outside of the
2151     United States shall:
2152          [(a) be of good moral character;]
2153          [(b)] (a) complete the application process, including payment of fees;
2154          [(c)] (b) (i) provide satisfactory evidence that the applicant graduated from a
2155     professional physical therapist education program that is accredited by a recognized
2156     accreditation agency; or
2157          (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
2158     therapist education program that prepares the applicant to engage in the practice of physical
2159     therapy, without restriction;
2160          (B) provide satisfactory evidence that the education program described in Subsection
2161     [(3)(c)(ii)(A)] (3)(b)(ii)(A) is recognized by the government entity responsible for recognizing
2162     a physical therapist education program in the country where the program is located; and
2163          (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
2164     educational requirements;
2165          [(d)] (c) after complying with Subsection [(3)(c)] (3)(b), pass a licensing examination;
2166          [(e)] (d) be able to read, write, speak, understand, and be understood in the English

2167     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2168          [(f) if the applicant is applying to participate in the Physical Therapy Licensure
2169     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
2170          (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2171     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2172     Administrative Rulemaking Act; and
2173          [(g)] (f) meet any other requirements established by the division, by rule made in
2174     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2175          (4) The division shall issue a license to a person who holds a current unrestricted
2176     license to practice physical therapy in a state, district, or territory of the United States of
2177     America, other than Utah, if the person:
2178          [(a) is of good moral character;]
2179          [(b)] (a) completes the application process, including payment of fees;
2180          [(c)] (b) is able to read, write, speak, understand, and be understood in the English
2181     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2182          [(d) if the applicant is applying to participate in the Physical Therapy Licensure
2183     Compact under Chapter 24c, Physical Therapy Licensure Compact,]
2184          (c) consents to a criminal background check in accordance with Section 58-24b-302.1
2185     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2186     Administrative Rulemaking Act; and
2187          [(e)] (d) meets any other requirements established by the division, by rule made in
2188     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2189          (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
2190     internship in physical therapy, unless the person is:
2191          (i) certified by the division; or
2192          (ii) exempt from licensure under Section 58-24b-304.
2193          (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
2194     participating in the supervised clinical training program for the purpose of becoming a physical
2195     therapist or a physical therapist assistant.
2196          Section 35. Section 58-26a-302 is amended to read:
2197          58-26a-302. Qualifications for licensure and registration -- Licensure by

2198     endorsement.
2199          (1) Each applicant for licensure under this chapter as a certified public accountant
2200     shall:
2201          (a) submit an application in a form prescribed by the division;
2202          (b) pay a fee determined by the department under Section 63J-1-504;
2203          [(c) show evidence of good moral character;]
2204          [(d)] (c) submit a certified transcript of credits from an accredited institution acceptable
2205     to the board showing:
2206          (i) successful completion of a total of 150 semester hours or 225 quarter hours of
2207     collegiate level education with a concentration in accounting, auditing, and business;
2208          (ii) a baccalaureate degree or its equivalent at a college or university approved by the
2209     board; and
2210          (iii) compliance with any other education requirements established by rule by the
2211     division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
2212     Administrative Rulemaking Act;
2213          [(e)] (d) submit evidence of one year of accounting experience in a form prescribed by
2214     the division;
2215          [(f)] (e) submit evidence of having successfully completed the qualifying examinations
2216     in accordance with Section 58-26a-306; and
2217          [(g)] (f) submit to an interview by the board, if requested, for the purpose of examining
2218     the applicant's competence and qualifications for licensure.
2219          (2) (a) The division may issue a license under this chapter to a person who holds a
2220     license as a certified public accountant issued by any other state of the United States of
2221     America if the applicant for licensure by endorsement:
2222          (i) submits an application in a form prescribed by the division;
2223          (ii) pays a fee determined by the department under Section 63J-1-504;
2224          [(iii) shows evidence of good moral character;]
2225          [(iv)] (iii) submits to an interview by the board, if requested, for the purpose of
2226     examining the applicant's competence and qualifications for licensure; and
2227          [(v)] (iv) (A) (I) shows evidence of having passed the qualifying examinations; and
2228          (II) (Aa) meets the requirements for licensure which were applicable in this state at the

2229     time of the issuance of the applicant's license by the state from which the original licensure by
2230     satisfactorily passing the AICPA Uniform CPA Examination was issued; or
2231          (Bb) had four years of professional experience after passing the AICPA Uniform CPA
2232     Examination upon which the original license was based, within the 10 years immediately
2233     preceding the application for licensure by endorsement; or
2234          (B) shows evidence that the applicant's education, examination record, and experience
2235     are substantially equivalent to the requirements of Subsection (1), as provided by rule.
2236          (b) This Subsection (2) applies only to a person seeking to obtain a license issued by
2237     this state and does not apply to a person practicing as a certified public accountant in the state
2238     under Subsection 58-26a-305(1).
2239          (3) (a) Each applicant for registration as a Certified Public Accountant firm shall:
2240          (i) submit an application in a form prescribed by the division;
2241          (ii) pay a fee determined by the department under Section 63J-1-504;
2242          (iii) have, notwithstanding any other provision of law, a simple majority of the
2243     ownership of the Certified Public Accountant firm, in terms of financial interests and voting
2244     rights of all partners, officers, shareholders, members, or managers, held by individuals who
2245     are certified public accountants, licensed under this chapter or another state of the United States
2246     of America, and the partners, officers, shareholders, members, or managers, whose principal
2247     place of business is in this state, and who perform professional services in this state hold a
2248     valid license issued under Subsection 58-26a-301(2) or the corresponding provisions of prior
2249     law; and
2250          (iv) meet any other requirements established by rule by the division in collaboration
2251     with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2252          (b) Each separate location of a qualified business entity within the state seeking
2253     registration as a Certified Public Accountant firm shall register separately.
2254          (c) A Certified Public Accountant firm may include owners who are not licensed under
2255     this chapter as outlined in Subsection (3)(a)(iii), provided that:
2256          (i) the firm designates a licensee of this state who is responsible for the proper
2257     registration of the Certified Public Accountant firm and identifies that individual to the
2258     division; and
2259          (ii) all nonlicensed owners are active individual participants in the CPA firm.

2260          Section 36. Section 58-26a-305 is amended to read:
2261          58-26a-305. Exemptions from licensure.
2262          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2263     may engage in acts included within the definition of the practice of public accountancy, subject
2264     to the stated circumstances and limitations, without being licensed under this chapter:
2265          (a) a person licensed by any other state, district, or territory of the United States as a
2266     certified public accountant or its equivalent under any other title while practicing in this state
2267     if:
2268          (i) the person's principal place of business is not in this state; and
2269          (A) the person's license as a certified public accountant is from any state which the
2270     National Association of State Boards of Accountancy (NASBA) National Qualification
2271     Appraisal Service has verified to be substantially equivalent to the CPA licensure requirements
2272     of the Uniform Accountancy Act; or
2273          (B) the person's license as a certified public accountant is from a state which the
2274     NASBA National Qualification Appraisal Service has not verified to be substantially
2275     equivalent to the CPA licensure requirements of the Uniform Accountancy Act and the person
2276     obtains from the NASBA National Qualification Appraisal Service verification that the
2277     person's CPA qualifications are substantially equivalent to the CPA licensure requirements of
2278     the Uniform Accountancy Act and Subsection [58-26a-302(1)(d)(i)] 58-26a-302(1)(c)(i); and
2279          (ii) the person consents, as a condition of the grant of this privilege:
2280          (A) to personal and subject matter jurisdiction and disciplinary authority of the
2281     division;
2282          (B) to comply with this chapter and the rules made under this chapter;
2283          (C) that in the event the license from the state of the person's principal place of
2284     business becomes invalid, the person shall cease offering or rendering professional services in
2285     this state both individually and on behalf of the firm; and
2286          (D) to the appointment of the state board which issued the person's license as the
2287     person's agent upon whom process may be served in an action or proceeding brought by the
2288     division against the licensee;
2289          (b) through December 31, 2012, a person licensed by any other state, district, or
2290     territory of the United States as a certified public accountant or its equivalent under another

2291     title while practicing in this state if:
2292          (i) the person does not qualify for a practice privilege under Subsection (1)(a);
2293          (ii) the practice is incidental to the person's regular practice outside of this state; and
2294          (iii) the person's temporary practice within the state is in conformity with this chapter
2295     and the rules established under this chapter;
2296          (c) an officer, member, partner, or employee of any entity or organization who signs
2297     any statement or report in reference to the financial affairs of the entity or organization with a
2298     designation of that person's position within the entity or organization;
2299          (d) a public official or employee while performing his official duties;
2300          (e) a person using accounting or auditing skills, including the preparation of tax
2301     returns, management advisory services, and the preparation of financial statements without the
2302     issuance of reports; or
2303          (f) an employee of a CPA firm registered under this chapter or an assistant to a person
2304     licensed under this chapter, working under the supervision of a licensee, if:
2305          (i) neither the employee or assistant nor the licensed employer or registered CPA firm
2306     represents that the unlicensed person is a certified public accountant; and
2307          (ii) no accounting or financial statements are issued over the unlicensed person's name.
2308          (2) (a) Notwithstanding any other provision of law, a person who qualifies under
2309     Subsection (1)(a) has all the privileges of a licensee of this state and may engage in acts
2310     included within the definition of the practice of public accountancy, whether in person or by
2311     mail, telephone, or electronic means, based on a practice privilege in this state, and no notice,
2312     fee, or other submission shall be provided by that person.
2313          (b) The division may revoke, suspend, or restrict an exemption granted under
2314     Subsection (1)(a) or (b), or place on probation or issue a public or private reprimand to a
2315     person exempted under those subsections for the reasons set forth in Subsection 58-1-401(2).
2316          Section 37. Section 58-26a-306 is amended to read:
2317          58-26a-306. Examination requirements.
2318          (1) Before taking the qualifying examinations, an applicant shall:
2319          (a) submit an application in a form approved by the division;
2320          (b) pay a fee determined by the department under Section 63J-1-504;
2321          (c) demonstrate completion of at least 120 semester hours or 180 quarter hours of the

2322     education requirement described in Subsection [58-26a-302(1)(d)] 58-26a-302(1)(c); and
2323          (d) be approved by the board, or an organization designated by the board, to take the
2324     qualifying examinations.
2325          (2) A person must sit for and meet the conditioning requirements of the AICPA
2326     Uniform CPA Examination as established by the AICPA.
2327          Section 38. Section 58-28-301 is amended to read:
2328          58-28-301. Licensure required.
2329          (1) (a) A license is required to engage in the practice of veterinary medicine, except as
2330     specifically provided in Sections 58-1-307 and 58-28-307.
2331          (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be
2332     licensed under this chapter as a veterinary intern in order to engage in a program of indirectly
2333     supervised clinical training with a veterinarian licensed under this chapter, and as necessary to
2334     meet licensing requirements under Subsection [58-28-302(1)(d)] 58-28-302(1)(c).
2335          (2) The division shall issue to a person who qualifies under this chapter a license in the
2336     classification of:
2337          (a) veterinarian; or
2338          (b) veterinarian intern.
2339          Section 39. Section 58-28-302 is amended to read:
2340          58-28-302. License qualifications.
2341          (1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry
2342     shall:
2343          [(a) be of good moral character as it relates to the functions and duties of a licensed
2344     veterinarian;]
2345          [(b)] (a) pass an examination approved by the board on the theory and practice of the
2346     science of veterinary medicine, surgery, dentistry, and other subjects determined by the board,
2347     knowledge of which is generally required of veterinarians;
2348          [(c)] (b) (i) graduate from a veterinary college accredited by the AVMA; or
2349          (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary
2350     Graduates issued by the AVMA;
2351          [(d)] (c) (i) have practiced under the supervision of a veterinarian licensed to practice
2352     in this state for a period of at least six months;

2353          (ii) have participated in veterinary investigational, educational, or sanitary control work
2354     of a nature and duration as to be the equivalent of the experience of Subsection [(1)(d)(i)]
2355     (1)(c)(i);
2356          (iii) have practiced as a licensed veterinarian outside Utah for a period of at least six
2357     months; or
2358          (iv) have practiced as a veterinarian while employed by the United States government,
2359     its agencies, or the state or its political subdivisions for a period of at least six months; and
2360          [(e)] (d) pay a fee to the Department of Commerce determined [by it pursuant to] in
2361     accordance with Section 63J-1-504 for the examination, for an initial license, and for a renewal
2362     license.
2363          (2) (a) An applicant for licensure as a veterinary intern shall comply with the
2364     provisions of [Subsections (1)(a) and (c)] Subsection (1)(b).
2365          (b) An applicant's license as a veterinary intern is limited to the period of time
2366     necessary to complete clinical training as described in Subsection [(1)(d)] (1)(c) and extends
2367     not more than one year from the date the minimum requirement for training is completed,
2368     unless the individual presents satisfactory evidence to the division and the board that the
2369     individual is making reasonable progress toward passing the qualifying examination or is
2370     otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period
2371     of time under this Subsection (2)(b) may not exceed two years past the date the minimum
2372     supervised clinical training has been completed.
2373          Section 40. Section 58-28-304 is amended to read:
2374          58-28-304. Temporary license -- License reciprocity.
2375          (1) The division may issue a temporary license to practice veterinary medicine, surgery,
2376     and dentistry to any person not qualified for licensure under Subsection (4) who meets all
2377     requirements of Section 58-28-302 with the exception of Subsections [58-28-302(1)(b) and (d)]
2378     58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date
2379     examination results are available for the examination next following the date of the issuance of
2380     the temporary license.
2381          (2) The temporary license shall permit the holder to practice under the indirect
2382     supervision of a veterinarian licensed to practice in this state.
2383          (3) The division may extend the expiration date of the temporary license until the

2384     following examination date if:
2385          (a) the applicant shows to the board good cause for failing to take or pass the
2386     examination; and
2387          (b) the majority of the board members recommend the extension.
2388          (4) Upon the recommendation of the board, the division may issue a license without
2389     examination to a person who:
2390          (a) has been licensed or registered to practice veterinary medicine, surgery, and
2391     dentistry in any state, district, or territory of the United States or in any foreign country, whose
2392     educational, examination, and experience requirements are or were at the time the license was
2393     issued equal to those of this state;
2394          (b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
2395     licensed by another jurisdiction for at least two years;
2396          (c) obtained the license in another jurisdiction after passing an examination component
2397     acceptable to the division and the board;
2398          (d) produces satisfactory evidence of having practiced veterinary medicine competently
2399     and in accordance with the standards and ethics of the profession while practicing in another
2400     jurisdiction; and
2401          (e) produces satisfactory evidence of identity and good moral character as it relates to
2402     the applicant's functions and practice as a licensed veterinarian.
2403          Section 41. Section 58-31b-502 is amended to read:
2404          58-31b-502. Unprofessional conduct.
2405          (1) "Unprofessional conduct" includes:
2406          (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
2407     diagnosis, personal effects, or any other matter about which the licensee is privileged to know
2408     because of the licensee's or person with a certification's position or practice as a nurse or
2409     practice as a medication aide certified;
2410          (b) failure to provide nursing service or service as a medication aide certified in a
2411     manner that demonstrates respect for the patient's human dignity and unique personal character
2412     and needs without regard to the patient's race, religion, ethnic background, socioeconomic
2413     status, age, sex, or the nature of the patient's health problem;
2414          (c) engaging in sexual relations with a patient during any:

2415          (i) period when a generally recognized professional relationship exists between the
2416     person licensed or certified under this chapter and the patient; or
2417          (ii) extended period when a patient has reasonable cause to believe a professional
2418     relationship exists between the person licensed or certified under the provisions of this chapter
2419     and the patient;
2420          (d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
2421     information about a patient or exploiting the licensee's or the person with a certification's
2422     professional relationship between the licensee or holder of a certification under this chapter and
2423     the patient; or
2424          (ii) exploiting the patient by use of the licensee's or person with a certification's
2425     knowledge of the patient obtained while acting as a nurse or a medication aide certified;
2426          (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
2427          (f) unauthorized taking or personal use of nursing supplies from an employer;
2428          (g) unauthorized taking or personal use of a patient's personal property;
2429          (h) knowingly entering into any medical record any false or misleading information or
2430     altering a medical record in any way for the purpose of concealing an act, omission, or record
2431     of events, medical condition, or any other circumstance related to the patient and the medical or
2432     nursing care provided;
2433          (i) unlawful or inappropriate delegation of nursing care;
2434          (j) failure to exercise appropriate supervision of persons providing patient care services
2435     under supervision of the licensed nurse;
2436          [(k) employing or aiding and abetting the employment of an unqualified or unlicensed
2437     person to practice as a nurse;]
2438          [(l)] (k) failure to file or record any medical report as required by law, impeding or
2439     obstructing the filing or recording of such a report, or inducing another to fail to file or record
2440     such a report;
2441          [(m)] (l) breach of a statutory, common law, regulatory, or ethical requirement of
2442     confidentiality with respect to a person who is a patient, unless ordered by a court;
2443          [(n)] (m) failure to pay a penalty imposed by the division;
2444          [(o)] (n) prescribing a Schedule II controlled substance without complying with the
2445     requirements in Section 58-31b-803, if applicable;

2446          [(p)] (o) violating Section 58-31b-801;
2447          [(q)] (p) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b,
2448     Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
2449     if applicable; and
2450          [(r)] (q) establishing or operating a pain clinic without a consultation and referral plan
2451     for Schedule II or III controlled substances.
2452          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
2453     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
2454     is defined in Section 26-61a-102, recommending the use of medical cannabis.
2455          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
2456     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
2457     unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
2458          Section 42. Section 58-31b-803 is amended to read:
2459          58-31b-803. Limitations on prescriptive authority for advanced practice
2460     registered nurses.
2461          (1) This section does not apply to an advanced practice registered nurse specializing as
2462     a certified registered nurse anesthetist under Subsection 58-31b-102(14)(d).
2463          (2) Except as provided in Subsections (3) and [58-31b-502(1)(r)] 58-31b-502(1)(q), an
2464     advanced practice registered nurse may prescribe or administer a Schedule II controlled
2465     substance without a consultation and referral plan.
2466          (3) An advanced practice registered nurse described in Subsection (4) may not
2467     prescribe or administer a Schedule II controlled substance unless the advanced practice
2468     registered nurse prescribes or administers Schedule II controlled substances in accordance with
2469     a consultation and referral plan.
2470          (4) Subsection (3) applies to an advanced practice registered nurse who:
2471          (a) (i) is engaged in independent solo practice; and
2472          (ii) (A) has been licensed as an advanced practice registered nurse for less than one
2473     year; or
2474          (B) has less than 2,000 hours of experience practicing as a licensed advanced practice
2475     registered nurse; or
2476          (b) owns or operates a pain clinic.

2477          (5) Notwithstanding Subsection 58-31b-102(5), an advanced practice registered nurse
2478     with at least three years of experience as a licensed advanced practice registered nurse may
2479     supervise a consultation and referral plan for an advanced practice registered nurse described in
2480     Subsection (4)(a).
2481          Section 43. Section 58-37f-203 is amended to read:
2482          58-37f-203. Submission, collection, and maintenance of data.
2483          (1) (a) The division shall implement on a statewide basis, including non-resident
2484     pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
2485     submit information:
2486          (i) real-time submission of the information required to be submitted under this part to
2487     the controlled substance database; and
2488          (ii) 24-hour daily or next business day, whichever is later, batch submission of the
2489     information required to be submitted under this part to the controlled substance database.
2490          (b) [(i) On and after January 1, 2016, a] A pharmacist shall comply with either:
2491          [(A)] (i) the submission time requirements established by the division under
2492     Subsection (1)(a)(i); or
2493          [(B)] (ii) the submission time requirements established by the division under
2494     Subsection (1)(a)(ii).
2495          [(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
2496     under this Subsection (1).]
2497          (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
2498          (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
2499     controlled substance is dispensed shall submit the data described in this section to the division
2500     in accordance with:
2501          (i) the requirements of this section;
2502          (ii) the procedures established by the division;
2503          (iii) additional types of information or data fields established by the division; and
2504          (iv) the format established by the division.
2505          (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
2506     Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
2507     the provisions of this section and the dispensing medical practitioner shall assume the duties of

2508     the pharmacist under this chapter.
2509          (3) (a) The pharmacist-in-charge and the pharmacist described in Subsection (2)[(b)](a)
2510     shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
2511     supervision other than those dispensed for an inpatient at a health care facility, submit to the
2512     division any type of information or data field established by the division by rule in accordance
2513     with Subsection (6) regarding:
2514          (i) each controlled substance that is dispensed by the pharmacist or under the
2515     pharmacist's supervision; and
2516          (ii) each noncontrolled substance that is:
2517          (A) designated by the division under Subsection (8)(a); and
2518          (B) dispensed by the pharmacist or under the pharmacist's supervision.
2519          (b) Subsection (3)(a) does not apply to a drug that is dispensed for an inpatient at a
2520     health care facility.
2521          (4) An individual whose records are in the database may obtain those records upon
2522     submission of a written request to the division.
2523          (5) (a) A patient whose record is in the database may contact the division in writing to
2524     request correction of any of the patient's database information that is incorrect. [The patient
2525     shall provide a postal address for the division's response.]
2526          (b) The division shall grant or deny the request within 30 days from receipt of the
2527     request and shall advise the requesting patient of its decision [by mail postmarked] within 35
2528     days of receipt of the request.
2529          (c) If the division denies a request under this Subsection (5) or does not respond within
2530     35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
2531     after the [postmark date of the patient's letter making a] patient's written request for a
2532     correction under this Subsection (5).
2533          (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2534     Administrative Rulemaking Act, to establish submission requirements under this part,
2535     including:
2536          (a) electronic format;
2537          (b) submission procedures; and
2538          (c) required information and data fields.

2539          (7) The division shall ensure that the database system records and maintains for
2540     reference:
2541          (a) the identification of each individual who requests or receives information from the
2542     database;
2543          (b) the information provided to each individual; and
2544          (c) the date and time that the information is requested or provided.
2545          (8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
2546     Committee created in Section 58-38a-201, shall designate a list of noncontrolled substances
2547     described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
2548     Administrative Rulemaking Act.
2549          (b) To determine whether a prescription drug should be designated in the schedules of
2550     controlled substances under this chapter, the division may collect information about a
2551     prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
2552     controlled substances under this chapter.
2553          Section 44. Section 58-37f-301 is amended to read:
2554          58-37f-301. Access to database.
2555          (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2556     Administrative Rulemaking Act, to:
2557          (a) effectively enforce the limitations on access to the database as described in this
2558     part; and
2559          (b) establish standards and procedures to ensure accurate identification of individuals
2560     requesting information or receiving information without request from the database.
2561          (2) The division shall make information in the database and information obtained from
2562     other state or federal prescription monitoring programs by means of the database available only
2563     to the following individuals, in accordance with the requirements of this chapter and division
2564     rules:
2565          (a) (i) personnel of the division specifically assigned to conduct investigations related
2566     to controlled substance laws under the jurisdiction of the division; and
2567          (ii) the following law enforcement officers, but the division may only provide
2568     nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding
2569     individuals for whom a controlled substance has been prescribed or to whom a controlled

2570     substance has been dispensed:
2571          (A) a law enforcement agency officer who is engaged in a joint investigation with the
2572     division; and
2573          (B) a law enforcement agency officer to whom the division has referred a suspected
2574     criminal violation of controlled substance laws;
2575          (b) authorized division personnel engaged in analysis of controlled substance
2576     prescription information as a part of the assigned duties and responsibilities of their
2577     employment;
2578          (c) a board member if:
2579          (i) the board member is assigned to monitor a licensee on probation; and
2580          (ii) the board member is limited to obtaining information from the database regarding
2581     the specific licensee on probation;
2582          (d) a member of a diversion committee established in accordance with Subsection
2583     58-1-404(2) if:
2584          (i) the diversion committee member is limited to obtaining information from the
2585     database regarding the person whose conduct is the subject of the committee's consideration;
2586     and
2587          (ii) the conduct that is the subject of the committee's consideration includes a violation
2588     or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
2589     violation or potential violation under this title;
2590          (e) in accordance with a written agreement entered into with the department,
2591     employees of the Department of Health:
2592          (i) whom the director of the Department of Health assigns to conduct scientific studies
2593     regarding the use or abuse of controlled substances, if the identity of the individuals and
2594     pharmacies in the database are confidential and are not disclosed in any manner to any
2595     individual who is not directly involved in the scientific studies;
2596          (ii) when the information is requested by the Department of Health in relation to a
2597     person or provider whom the Department of Health suspects may be improperly obtaining or
2598     providing a controlled substance; or
2599          (iii) in the medical examiner's office;
2600          (f) in accordance with a written agreement entered into with the department, a designee

2601     of the director of the Department of Health, who is not an employee of the Department of
2602     Health, whom the director of the Department of Health assigns to conduct scientific studies
2603     regarding the use or abuse of controlled substances pursuant to an application process
2604     established in rule by the Department of Health, if:
2605          (i) the designee provides explicit information to the Department of Health regarding
2606     the purpose of the scientific studies;
2607          (ii) the scientific studies to be conducted by the designee:
2608          (A) fit within the responsibilities of the Department of Health for health and welfare;
2609          (B) are reviewed and approved by an Institutional Review Board that is approved for
2610     human subject research by the United States Department of Health and Human Services; and
2611          (C) are not conducted for profit or commercial gain; and
2612          (D) are conducted in a research facility, as defined by division rule, that is associated
2613     with a university or college accredited by one or more regional or national accrediting agencies
2614     recognized by the United States Department of Education;
2615          (iii) the designee protects the information as a business associate of the Department of
2616     Health; and
2617          (iv) the identity of the prescribers, patients, and pharmacies in the database are
2618     de-identified, confidential, not disclosed in any manner to the designee or to any individual
2619     who is not directly involved in the scientific studies;
2620          (g) in accordance with the written agreement entered into with the department and the
2621     Department of Health, authorized employees of a managed care organization, as defined in 42
2622     C.F.R. Sec. 438, if:
2623          (i) the managed care organization contracts with the Department of Health under the
2624     provisions of Section 26-18-405 and the contract includes provisions that:
2625          (A) require a managed care organization employee who will have access to information
2626     from the database to submit to a criminal background check; and
2627          (B) limit the authorized employee of the managed care organization to requesting
2628     either the division or the Department of Health to conduct a search of the database regarding a
2629     specific Medicaid enrollee and to report the results of the search to the authorized employee;
2630     and
2631          (ii) the information is requested by an authorized employee of the managed care

2632     organization in relation to a person who is enrolled in the Medicaid program with the managed
2633     care organization, and the managed care organization suspects the person may be improperly
2634     obtaining or providing a controlled substance;
2635          (h) a licensed practitioner having authority to prescribe controlled substances, to the
2636     extent the information:
2637          (i) (A) relates specifically to a current or prospective patient of the practitioner; and
2638          (B) is provided to or sought by the practitioner for the purpose of:
2639          (I) prescribing or considering prescribing any controlled substance to the current or
2640     prospective patient;
2641          (II) diagnosing the current or prospective patient;
2642          (III) providing medical treatment or medical advice to the current or prospective
2643     patient; or
2644          (IV) determining whether the current or prospective patient:
2645          (Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
2646     or
2647          (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
2648     substance from the practitioner;
2649          (ii) (A) relates specifically to a former patient of the practitioner; and
2650          (B) is provided to or sought by the practitioner for the purpose of determining whether
2651     the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
2652     controlled substance from the practitioner;
2653          (iii) relates specifically to an individual who has access to the practitioner's Drug
2654     Enforcement Administration identification number, and the practitioner suspects that the
2655     individual may have used the practitioner's Drug Enforcement Administration identification
2656     number to fraudulently acquire or prescribe a controlled substance;
2657          (iv) relates to the practitioner's own prescribing practices, except when specifically
2658     prohibited by the division by administrative rule;
2659          (v) relates to the use of the controlled substance database by an employee of the
2660     practitioner, described in Subsection (2)(i); or
2661          (vi) relates to any use of the practitioner's Drug Enforcement Administration
2662     identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a

2663     controlled substance;
2664          (i) in accordance with Subsection (3)(a), an employee of a practitioner described in
2665     Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
2666          (i) the employee is designated by the practitioner as an individual authorized to access
2667     the information on behalf of the practitioner;
2668          (ii) the practitioner provides written notice to the division of the identity of the
2669     employee; and
2670          (iii) the division:
2671          (A) grants the employee access to the database; and
2672          (B) provides the employee with a password that is unique to that employee to access
2673     the database in order to permit the division to comply with the requirements of Subsection
2674     58-37f-203(5) with respect to the employee;
2675          (j) an employee of the same business that employs a licensed practitioner under
2676     Subsection (2)(h) if:
2677          (i) the employee is designated by the practitioner as an individual authorized to access
2678     the information on behalf of the practitioner;
2679          (ii) the practitioner and the employing business provide written notice to the division of
2680     the identity of the designated employee; and
2681          (iii) the division:
2682          (A) grants the employee access to the database; and
2683          (B) provides the employee with a password that is unique to that employee to access
2684     the database in order to permit the division to comply with the requirements of Subsection
2685     58-37f-203(5) with respect to the employee;
2686          (k) a licensed pharmacist having authority to dispense a controlled substance to the
2687     extent the information is provided or sought for the purpose of:
2688          (i) dispensing or considering dispensing any controlled substance; or
2689          (ii) determining whether a person:
2690          (A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
2691          (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
2692     substance from the pharmacist;
2693          (l) in accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy

2694     intern who is an employee of a pharmacy as defined in Section 58-17b-102, for the purposes
2695     described in Subsection [(2)(j)] (2)(k)(i) or (ii), if:
2696          (i) the employee is designated by the pharmacist-in-charge as an individual authorized
2697     to access the information on behalf of a licensed pharmacist employed by the pharmacy;
2698          (ii) the pharmacist-in-charge provides written notice to the division of the identity of
2699     the employee; and
2700          (iii) the division:
2701          (A) grants the employee access to the database; and
2702          (B) provides the employee with a password that is unique to that employee to access
2703     the database in order to permit the division to comply with the requirements of Subsection
2704     58-37f-203(5) with respect to the employee;
2705          (m) pursuant to a valid search warrant, federal, state, and local law enforcement
2706     officers and state and local prosecutors who are engaged in an investigation related to:
2707          (i) one or more controlled substances; and
2708          (ii) a specific person who is a subject of the investigation;
2709          (n) subject to Subsection (7), a probation or parole officer, employed by the
2710     Department of Corrections or by a political subdivision, to gain access to database information
2711     necessary for the officer's supervision of a specific probationer or parolee who is under the
2712     officer's direct supervision;
2713          (o) employees of the Office of Internal Audit and Program Integrity within the
2714     Department of Health who are engaged in their specified duty of ensuring Medicaid program
2715     integrity under Section 26-18-2.3;
2716          (p) a mental health therapist, if:
2717          (i) the information relates to a patient who is:
2718          (A) enrolled in a licensed substance abuse treatment program; and
2719          (B) receiving treatment from, or under the direction of, the mental health therapist as
2720     part of the patient's participation in the licensed substance abuse treatment program described
2721     in Subsection (2)(p)(i)(A);
2722          (ii) the information is sought for the purpose of determining whether the patient is
2723     using a controlled substance while the patient is enrolled in the licensed substance abuse
2724     treatment program described in Subsection (2)(p)(i)(A); and

2725          (iii) the licensed substance abuse treatment program described in Subsection
2726     (2)(p)(i)(A) is associated with a practitioner who:
2727          (A) is a physician, a physician assistant, an advance practice registered nurse, or a
2728     pharmacist; and
2729          (B) is available to consult with the mental health therapist regarding the information
2730     obtained by the mental health therapist, under this Subsection (2)(p), from the database;
2731          (q) an individual who is the recipient of a controlled substance prescription entered into
2732     the database, upon providing evidence satisfactory to the division that the individual requesting
2733     the information is in fact the individual about whom the data entry was made;
2734          (r) an individual under Subsection (2)(q) for the purpose of obtaining a list of the
2735     persons and entities that have requested or received any information from the database
2736     regarding the individual, except if the individual's record is subject to a pending or current
2737     investigation as authorized under this Subsection (2);
2738          (s) the inspector general, or a designee of the inspector general, of the Office of
2739     Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
2740     Title 63A, Chapter 13, Part 2, Office and Powers;
2741          (t) the following licensed physicians for the purpose of reviewing and offering an
2742     opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
2743     2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
2744          (i) a member of the medical panel described in Section 34A-2-601;
2745          (ii) a physician employed as medical director for a licensed workers' compensation
2746     insurer or an approved self-insured employer; or
2747          (iii) a physician offering a second opinion regarding treatment; and
2748          (u) members of Utah's Opioid Fatality Review Committee, for the purpose of
2749     reviewing a specific fatality due to opioid use and recommending policies to reduce the
2750     frequency of opioid use fatalities.
2751          (3) (a) (i) A practitioner described in Subsection (2)(h) may designate one or more
2752     employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).
2753          (ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
2754     designate up to five employees to access information from the database under Subsection (2)(l).
2755          (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah

2756     Administrative Rulemaking Act, to:
2757          (i) establish background check procedures to determine whether an employee
2758     designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
2759     and
2760          (ii) establish the information to be provided by an emergency department employee
2761     under Subsection (4); and
2762          (iii) facilitate providing controlled substance prescription information to a third party
2763     under Subsection (5).
2764          (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
2765     (4)(c) access to the database, unless the division determines, based on a background check, that
2766     the employee poses a security risk to the information contained in the database.
2767          (4) (a) An individual who is employed in the emergency department of a hospital may
2768     exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
2769     the individual is designated under Subsection (4)(c) and the licensed practitioner:
2770          (i) is employed in the emergency department;
2771          (ii) is treating an emergency department patient for an emergency medical condition;
2772     and
2773          (iii) requests that an individual employed in the emergency department and designated
2774     under Subsection (4)(c) obtain information regarding the patient from the database as needed in
2775     the course of treatment.
2776          (b) The emergency department employee obtaining information from the database
2777     shall, when gaining access to the database, provide to the database the name and any additional
2778     identifiers regarding the requesting practitioner as required by division administrative rule
2779     established under Subsection (3)(b).
2780          (c) An individual employed in the emergency department under this Subsection (4)
2781     may obtain information from the database as provided in Subsection (4)(a) if:
2782          (i) the employee is designated by the practitioner as an individual authorized to access
2783     the information on behalf of the practitioner;
2784          (ii) the practitioner and the hospital operating the emergency department provide
2785     written notice to the division of the identity of the designated employee; and
2786          (iii) the division:

2787          (A) grants the employee access to the database; and
2788          (B) provides the employee with a password that is unique to that employee to access
2789     the database in order to permit the division to comply with the requirements of Subsection
2790     58-37f-203(5) with respect to the employee.
2791          (d) The division may impose a fee, in accordance with Section 63J-1-504, on a
2792     practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
2793     costs incurred by the division to conduct the background check and make the determination
2794     described in Subsection (3)(b).
2795          (5) (a) (i) An individual may request that the division provide the information under
2796     Subsection (5)(b) to a third party who is designated by the individual each time a controlled
2797     substance prescription for the individual is dispensed.
2798          (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
2799     the individual in writing that the individual may direct the division to discontinue providing the
2800     information to a third party and that notice of the individual's direction to discontinue will be
2801     provided to the third party.
2802          (b) The information the division shall provide under Subsection (5)(a) is:
2803          (i) the fact a controlled substance has been dispensed to the individual, but without
2804     identifying the controlled substance; and
2805          (ii) the date the controlled substance was dispensed.
2806          (c) (i) An individual who has made a request under Subsection (5)(a) may direct that
2807     the division discontinue providing information to the third party.
2808          (ii) The division shall:
2809          (A) notify the third party that the individual has directed the division to no longer
2810     provide information to the third party; and
2811          (B) discontinue providing information to the third party.
2812          (6) (a) An individual who is granted access to the database based on the fact that the
2813     individual is a licensed practitioner or a mental health therapist shall be denied access to the
2814     database when the individual is no longer licensed.
2815          (b) An individual who is granted access to the database based on the fact that the
2816     individual is a designated employee of a licensed practitioner shall be denied access to the
2817     database when the practitioner is no longer licensed.

2818          (7) A probation or parole officer is not required to obtain a search warrant to access the
2819     database in accordance with Subsection (2)(n).
2820          (8) The division shall review and adjust the database programming which
2821     automatically logs off an individual who is granted access to the database under Subsections
2822     (2)(h), (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
2823          (a) to protect patient privacy;
2824          (b) to reduce inappropriate access; and
2825          (c) to make the database more useful and helpful to a person accessing the database
2826     under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
2827     emergency department.
2828          Section 45. Section 58-37f-302 is amended to read:
2829          58-37f-302. Other restrictions on access to database.
2830          (1) A person who is a relative of a deceased individual is not entitled to access
2831     information from the database relating to the deceased individual based on the fact or claim
2832     that the person is:
2833          (a) related to the deceased individual; or
2834          (b) subrogated to the rights of the deceased individual.
2835          (2) Except as provided in [Subsection] Subsections (3) and (4), data provided to,
2836     maintained in, or accessed from the database that may be identified to, or with, a particular
2837     person is not subject to discovery, subpoena, or similar compulsory process in any civil,
2838     judicial, administrative, or legislative proceeding, nor shall any individual or organization with
2839     lawful access to the data be compelled to testify with regard to the data.
2840          (3) The restrictions described in Subsection (2) do not apply to a civil, judicial, or
2841     administrative action brought to enforce the provisions of this chapter.
2842          (4) (a) Subject to the requirements of this Subsection (4), in a state criminal proceeding
2843     a court may:
2844          (i) order the release of information contained in the database if the court determines
2845     good cause has been shown in accordance with Rule 16, Utah Rules of Criminal Procedure;
2846     and
2847          (ii) at any time order that information released under this Subsection (4) be restricted,
2848     limited, or restrained from further dissemination as the court determines is appropriate.

2849          (b) Upon the motion of a defendant, a court may only issue an order compelling the
2850     production of database information under this Subsection (4) that pertains to a victim if the
2851     court finds upon notice as provided in Subsection (4)(c), and after a hearing, that the defendant
2852     is entitled to production of the information under applicable state and federal law.
2853          (c) A motion by a defendant for database information pertaining to a victim shall be
2854     served by the defendant on:
2855          (i) the prosecutor and on counsel for the victim or victim's representative; or
2856          (ii) the prosecutor if the victim is unrepresented by counsel.
2857          (d) Upon a defendant's motion for database information pertaining to a victim, if the
2858     court determines that good cause exists to order release of database information pertaining to
2859     the victim, the court shall conduct an in camera review of the database information and may
2860     only disclose to the defense and prosecution those portions of database information that are
2861     relevant to the state criminal proceeding.
2862          Section 46. Section 58-37f-303 is amended to read:
2863          58-37f-303. Access to opioid prescription information via an electronic data
2864     system.
2865          (1) As used in this section:
2866          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
2867          (b) "EDS user":
2868          (i) means:
2869          (A) a prescriber;
2870          (B) a pharmacist; or
2871          (C) an individual granted access to the database under Subsection 58-37f-301(3)(c);
2872     and
2873          (ii) does not mean an individual whose access to the database has been revoked by the
2874     division pursuant to Subsection 58-37f-301(5)[(b)](c).
2875          (c) "Electronic data system" means a software product or an electronic service used by:
2876          (i) a prescriber to manage electronic health records; or
2877          (ii) a pharmacist to manage the dispensing of prescription drugs.
2878          (d) "Opioid" means any substance listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
2879          (e) "Pharmacist" means the same as that term is defined in Section 58-17b-102.

2880          (f) "Prescriber" means a practitioner, as that term is defined in Section 58-37-2, who is
2881     licensed under Section 58-37-6 to prescribe an opioid.
2882          (g) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
2883          (2) Subject to Subsections (3) through (6), no later than January 1, 2017, the division
2884     shall make opioid prescription information in the database available to an EDS user via the
2885     user's electronic data system.
2886          (3) An electronic data system may be used to make opioid prescription information in
2887     the database available to an EDS user only if the electronic data system complies with rules
2888     established by the division under Subsection (4).
2889          (4) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2890     Administrative Rulemaking Act, specifying:
2891          (i) an electronic data system's:
2892          (A) allowable access to and use of opioid prescription information in the database; and
2893          (B) minimum actions that must be taken to ensure that opioid prescription information
2894     accessed from the database is protected from inappropriate disclosure or use; and
2895          (ii) an EDS user's:
2896          (A) allowable access to opioid prescription information in the database via an
2897     electronic data system; and
2898          (B) allowable use of the information.
2899          (b) The rules shall establish:
2900          (i) minimum user identification requirements that in substance are the same as the
2901     database identification requirements in Section 58-37f-301;
2902          (ii) user access restrictions that in substance are the same as the database identification
2903     requirements in Section 58-37f-301; and
2904          (iii) any other requirements necessary to ensure that in substance the provisions of
2905     Sections 58-37f-301 and 58-37f-302 apply to opioid prescription information in the database
2906     that has been made available to an EDS user via an electronic data system.
2907          (5) The division may not make opioid prescription information in the database
2908     available to an EDS user via the user's electronic data system if:
2909          (a) the electronic data system does not comply with the rules established by the
2910     division under Subsection (4); or

2911          (b) the EDS user does not comply with the rules established by the division under
2912     Subsection (4).
2913          (6) (a) The division shall periodically audit the use of opioid prescription information
2914     made available to an EDS user via the user's electronic data system.
2915          (b) The audit shall review compliance by:
2916          (i) the electronic data system with rules established by the division under Subsection
2917     (4); and
2918          (ii) the EDS user with rules established by the division under Subsection (4).
2919          (c) (i) If the division determines by audit or other means that an electronic data system
2920     is not in compliance with rules established by the division under Subsection (4), the division
2921     shall immediately suspend or revoke the electronic data system's access to opioid prescription
2922     information in the database.
2923          (ii) If the division determines by audit or other means that an EDS user is not in
2924     compliance with rules established by the division under Subsection (4), the division shall
2925     immediately suspend or revoke the EDS user's access to opioid prescription information in the
2926     database via an electronic data system.
2927          (iii) If the division suspends or revokes access to opioid prescription information in the
2928     database under Subsection (6)(c)(i) or (6)(c)(ii), the division shall also take any other
2929     appropriate corrective or disciplinary action authorized by this chapter or title.
2930          Section 47. Section 58-40-302 is amended to read:
2931          58-40-302. Qualifications for licensure.
2932          (1) An applicant for licensure under this chapter shall:
2933          (a) submit an application in a form prescribed by the division; and
2934          (b) pay a fee determined by the department under Section 63J-1-504[; and].
2935          [(c) be of good moral character.]
2936          (2) In addition to the requirements of Subsection (1), an applicant for licensure as a
2937     master therapeutic recreation specialist under this chapter shall as defined by division rule:
2938          (a) complete an approved graduate degree;
2939          (b) complete 4,000 qualifying hours of paid experience as:
2940          (i) a licensed therapeutic recreation specialist if completed in the state; or
2941          (ii) a certified therapeutic recreation specialist certified by the National Council for

2942     Therapeutic Recreation Certification if completed outside of the state; and
2943          (c) pass an approved examination.
2944          (3) In addition to the requirements of Subsection (1), an applicant for licensure as a
2945     therapeutic recreation specialist under this chapter shall, as defined by division rule:
2946          (a) complete an approved:
2947          (i) bachelor's degree in therapeutic recreation or recreational therapy;
2948          (ii) bachelor's degree with an approved emphasis, option, or concentration in
2949     therapeutic recreation or recreational therapy; or
2950          (iii) graduate degree;
2951          (b) complete an approved practicum; and
2952          (c) pass an approved examination.
2953          (4) In addition to the requirements of Subsection (1), an applicant for licensure as a
2954     therapeutic recreation technician under this chapter shall, as defined by division rule:
2955          (a) have a high school diploma or GED equivalent;
2956          (b) complete an approved:
2957          (i) educational course in therapeutic recreation taught by a licensed master therapeutic
2958     recreation specialist; or
2959          (ii) six semester hours or nine quarter hours in therapeutic recreation or recreational
2960     therapy from an accredited college or university;
2961          (c) complete an approved practicum under the supervision of:
2962          (i) a licensed master therapeutic recreation specialist; or
2963          (ii) an on-site, full-time, employed therapeutic recreation specialist;
2964          (d) pass an approved examination; and
2965          (e) complete a minimum of two hours of training in suicide prevention via a course that
2966     the division designates as approved.
2967          Section 48. Section 58-40-501 is amended to read:
2968          58-40-501. Unlawful conduct.
2969          "Unlawful conduct" includes:
2970          (1) providing, leading, facilitating, teaching, or offering to provide or teach recreational
2971     therapy services unless licensed under this chapter or exempted from licensure under Section
2972     58-1-307 or 58-40-305; and

2973          (2) using the initials MTRS, TRS, or TRT, or other abbreviation, term, title, or sign
2974     relating to the practice of recreational therapy services unless licensed under this chapter[; and].
2975          [(3) employing or aiding and abetting the employment of an unqualified or unlicensed
2976     person to:]
2977          [(a) practice as a recreational therapist; or]
2978          [(b) provide recreational therapy services.]
2979          Section 49. Section 58-41-5 is amended to read:
2980          58-41-5. Licensure requirements.
2981          (1) To obtain and maintain a license as an audiologist beginning July 1, 2010, an
2982     applicant must:
2983          (a) submit a completed application in the form and content prescribed by the division
2984     and pay a fee to the department in accordance with Section 63J-1-504;
2985          [(b) be of good moral character;]
2986          [(c)] (b) provide the committee with verification that the applicant is the legal holder of
2987     a clinical doctor's degree or AuD, in audiology, from an accredited university or college, based
2988     on a program of studies primarily in the field of audiology;
2989          [(d)] (c) be in compliance with the regulations of conduct and codes of ethics for the
2990     profession of audiology;
2991          [(e)] (d) submit to the board certified evidence of having completed at least one year of
2992     professional experience, at least 30 hours per week for an academic year, of direct clinical
2993     experience in treatment and management of patients, supervised and attested to by one holding
2994     an audiologist license under this chapter, the CCC, or their full equivalent; and
2995          [(f)] (e) pass a nationally standardized examination in audiology which is the same as
2996     or equivalent to the examination required for the CCC and with pass-fail criteria equivalent to
2997     current ASHA standards, and the board may require the applicant to pass an acceptable
2998     practical demonstration of clinical skills to an examining committee of licensed audiologists
2999     appointed by the board.
3000          (2) To obtain and maintain a license as an audiologist prior to July 1, 2010, an
3001     applicant shall:
3002          (a) comply with Subsections (1)(a), [(b), (d), (e), and (f)] (c), (d), and (e); and
3003          (b) provide the committee with verification that the applicant has received at least a

3004     master's degree in the area of audiology from an accredited university or college, based on a
3005     program of studies primarily in the field of audiology, and holds the CCC or its full equivalent.
3006          (3) An individual who, prior to July 1, 2010, is licensed as an audiologist under this
3007     chapter is, on or after July 1, 2010, considered to hold a current license under this chapter as an
3008     audiologist and is subject to this chapter.
3009          (4) To obtain and maintain a license as a speech-language pathologist, an applicant
3010     must:
3011          (a) comply with [Subsections (1)(a) and (b)] Subsection (1)(a);
3012          (b) provide the committee with verification that the applicant has received at least a
3013     master's degree in speech-language pathology from an accredited university or college, based
3014     on a program of studies primarily in the field of speech-language pathology;
3015          (c) be in compliance with the regulations of conduct and code of ethics for the
3016     profession of speech-language pathology;
3017          (d) comply with Subsection [(1)(e)] (1)(b), except that the supervision and attestation
3018     requirement shall be from a licensed speech-language pathologist rather than a licensed
3019     audiologist; and
3020          (e) pass a nationally standardized examination in speech-language pathology which is
3021     the same as or equivalent to the examination required for the CCC and with pass-fail criteria
3022     equivalent to current ASHA standards, and the board may require the applicant to pass an
3023     acceptable practical demonstration of clinical skills to an examining committee of licensed
3024     speech-language pathologists appointed by the board.
3025          Section 50. Section 58-42a-302 is amended to read:
3026          58-42a-302. Qualifications for licensure.
3027          (1) An applicant for licensure as an occupational therapist shall:
3028          (a) submit an application in a form as prescribed by the division;
3029          (b) pay a fee as determined by the department under Section 63J-1-504;
3030          [(c) be of good moral character as it relates to the functions and responsibilities of the
3031     practice of occupational therapy;]
3032          [(d)] (c) graduate with a bachelor's or graduate degree for the practice of occupational
3033     therapy from an education program accredited by the American Occupational Therapy
3034     Association's Accreditation Council for Occupational Therapy Education, a predecessor

3035     organization, or an equivalent organization as determined by division rule;
3036          [(e)] (d) if applying for licensure on or after July 1, 2015, complete a minimum of 24
3037     weeks of supervised fieldwork experience; and
3038          [(f)] (e) pass an examination approved by the division in consultation with the board
3039     and administered by the National Board for Certification in Occupational Therapy, or by
3040     another nationally recognized credentialing body as approved by division rule, to demonstrate
3041     knowledge of the practice, skills, theory, and professional ethics related to occupational
3042     therapy.
3043          (2) All applicants for licensure as an occupational therapy assistant shall:
3044          (a) submit an application in a form as prescribed by the division;
3045          (b) pay a fee as determined by the department under Section 63J-1-504;
3046          [(c) be of good moral character as it relates to the functions and responsibilities of the
3047     practice of occupational therapy;]
3048          [(d)] (c) graduate from an educational program for the practice of occupational therapy
3049     as an occupational therapy assistant that is accredited by the American Occupational Therapy
3050     Association's Accreditation Council for Occupational Therapy Education, a predecessor
3051     organization, or an equivalent organization as determined by division rule;
3052          [(e)] (d) if applying for licensure on or after July 1, 2015, complete a minimum of 16
3053     weeks of supervised fieldwork experience; and
3054          [(f)] (e) pass an examination approved by the division in consultation with the board
3055     and administered by the National Board for Certification in Occupational Therapy, or by
3056     another nationally recognized credentialing body as approved by division rule, to demonstrate
3057     knowledge of the practice, skills, theory, and professional ethics related to occupational
3058     therapy.
3059          (3) Notwithstanding the other requirements of this section, the division may issue a
3060     license as an occupational therapist or as an occupational therapy assistant to an applicant who:
3061          (a) meets the requirements of receiving a license by endorsement under Section
3062     58-1-302; or
3063          (b) has been licensed in a state, district, or territory of the United States, or in a foreign
3064     country, where the education, experience, or examination requirements are not substantially
3065     equal to the requirements of this state, if the applicant passes the applicable examination

3066     described in Subsection [(1)(f) or (2)(f)] (1)(e) or (2)(e).
3067          Section 51. Section 58-42a-501 is amended to read:
3068          58-42a-501. Unlawful conduct.
3069          "Unlawful conduct," as defined in Section 58-1-501 and as may be further defined by
3070     division rule, includes:
3071          (1) engaging or offering to engage in the practice of occupational therapy unless
3072     licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-42a-304;
3073          (2) using the title occupational therapist or occupational therapy assistant unless
3074     licensed under this chapter; and
3075          [(3) employing or aiding and abetting an unqualified or unlicensed person to engage or
3076     offer to engage in the practice of occupational therapy unless the person is exempted from
3077     licensure under Section 58-1-307 or 58-42a-304; and]
3078          [(4)] (3) obtaining a license under this chapter by means of fraud, misrepresentation, or
3079     concealment of a material fact.
3080          Section 52. Section 58-46a-302 is amended to read:
3081          58-46a-302. Qualifications for licensure.
3082          (1) Each applicant for licensure as a hearing instrument specialist shall:
3083          (a) submit to the division an application in a form prescribed by the division;
3084          (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3085          [(c) be of good moral character;]
3086          [(d)] (c) have qualified for and currently hold board certification by the National Board
3087     for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
3088     division in collaboration with the board;
3089          [(e)] (d) have passed the Utah Law and Rules Examination for Hearing Instrument
3090     Specialists; and
3091          [(f)] (e) if the applicant holds a hearing instrument intern license, surrender the hearing
3092     instrument intern license at the time of licensure as a hearing instrument specialist.
3093          (2) Each applicant for licensure as a hearing instrument intern shall:
3094          (a) submit to the division an application in a form prescribed by the division;
3095          (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3096          [(c) be of good moral character;]

3097          [(d)] (c) have passed the Utah Law and Rules Examination for Hearing Instrument
3098     Specialists; and
3099          [(e)] (d) present evidence acceptable to the division and the board that the applicant,
3100     when licensed, will practice as a hearing instrument intern only under the supervision of a
3101     supervising hearing instrument specialist in accordance with:
3102          (i) Section 58-46a-302.5; and
3103          (ii) the supervision requirements for obtaining board certification by the National
3104     Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved
3105     by the division in collaboration with the board.
3106          Section 53. Section 58-47b-302 is amended to read:
3107          58-47b-302. License classifications -- Qualifications for licensure.
3108          (1) The division shall issue licenses under this chapter in the classifications of:
3109          (a) massage therapist; and
3110          (b) massage apprentice.
3111          (2) Each applicant for licensure as a massage therapist shall:
3112          (a) submit an application in a form prescribed by the division;
3113          (b) pay a fee determined by the department under Section 63J-1-504;
3114          [(c) be of good moral character;]
3115          [(d)] (c) be 18 years of age or older;
3116          [(e)] (d) have either:
3117          (i) (A) graduated from a school of massage having a curriculum which meets standards
3118     established by division rule made in collaboration with the board; or
3119          (B) completed equivalent education and training in compliance with division rule; or
3120          (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
3121     hours of supervised training over a minimum of 12 months and in accordance with standards
3122     established by the division by rule made in collaboration with the board; and
3123          [(f)] (e) pass examinations established by rule by the division in collaboration with the
3124     board.
3125          (3) Each applicant for licensure as a massage apprentice shall:
3126          (a) submit an application in a form prescribed by the division;
3127          (b) pay a fee determined by the department under Section 63J-1-504;

3128          [(c) be of good moral character;]
3129          [(d)] (c) be 18 years of age or older;
3130          [(e)] (d) provide satisfactory evidence to the division that the individual will practice as
3131     a massage apprentice only under the direct supervision of a licensed massage therapist in good
3132     standing and who has engaged in the lawful practice of massage therapy as a licensed massage
3133     therapist for not less than 6,000 hours; and
3134          [(f)] (e) successfully complete an examination as required by division rule.
3135          (4) (a) Any new massage therapist or massage apprentice applicant shall submit
3136     fingerprint cards in a form acceptable to the division at the time the license application is filed
3137     and shall consent to a fingerprint background check by the Utah Bureau of Criminal
3138     Identification and the Federal Bureau of Investigation regarding the application.
3139          (b) The division shall request the Department of Public Safety to complete a Federal
3140     Bureau of Investigation criminal background check for each new massage therapist or
3141     apprentice applicant through the national criminal history system (NCIC) or any successor
3142     system.
3143          (c) The cost of the background check and the fingerprinting shall be borne by the
3144     applicant.
3145          (5) (a) Any new massage therapist or massage apprentice license issued under this
3146     section shall be conditional, pending completion of the criminal background check. If the
3147     criminal background check discloses the applicant has failed to accurately disclose a criminal
3148     history, the license shall be immediately and automatically revoked.
3149          (b) Any person whose conditional license has been revoked under Subsection (5)(a)
3150     shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
3151     conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
3152          (6) An applicant who successfully completes a fingerprint background check under
3153     Subsection (4) may not be required by any other state or local government body to submit to a
3154     second fingerprint background check as a condition of lawfully practicing massage therapy in
3155     this state.
3156          Section 54. Section 58-49-4 is amended to read:
3157          58-49-4. Qualifications for certification -- Fee.
3158          Each applicant for certification under this chapter shall provide proof satisfactory to the

3159     division that the applicant:
3160          [(1) is of good moral character as it relates to the practice of dietetics;]
3161          [(2)] (1) holds a baccalaureate or post-baccalaureate degree conferred by a college or
3162     university approved by the division at the time the degree was conferred with a major course of
3163     study in the sciences of food, dietetics, food systems management, or an equivalent major
3164     course of study;
3165          [(3)] (2) has completed an internship or preplanned professional baccalaureate or
3166     post-baccalaureate experience in a dietetic program under the supervision of a certified
3167     dietitian who is certified under this chapter or certified, registered, or licensed under the laws of
3168     another state or territory of the United States;
3169          [(4)] (3) has satisfactorily passed a competency examination, approved by or given at
3170     the direction of the board in collaboration with the division; and
3171          [(5)] (4) has paid the appropriate fees determined by the Department of Commerce.
3172     The fee assessed by the Department of Commerce shall be fair and reasonable and shall reflect
3173     the cost of services provided.
3174          Section 55. Section 58-49-5 is amended to read:
3175          58-49-5. Certification of persons currently qualified.
3176          The requirements of Subsections [58-49-4(2), (3), and (4)] 58-49-4(1), (2), and (3) are
3177     waived and a certificate shall be issued by the division upon application and payment of the
3178     appropriate fees by any person who, [prior to] before December 31, 1986, has provided to the
3179     division proof that on May 1, 1985, [he] the person was and is currently registered by the
3180     Commission on Dietetic Registration.
3181          Section 56. Section 58-49-9 is amended to read:
3182          58-49-9. Use of titles by uncertified person.
3183          No person, without first being certified under this chapter may:
3184          (1) assume or use the title or designation "dietitian," ["dietician,"] "certified dietitian,"
3185     "registered dietitian," "registered dietitian nutritionist," the letters "C.D.," the letter "D.," or any
3186     other title, words, letters, abbreviations, or insignia indicating or implying that the person is a
3187     certified dietitian, including by using any of the preceding terms with the alternative spelling
3188     "dietician"; or
3189          (2) represent in any way, whether orally, in writing, in print, or by signature, directly or

3190     by implication, that [he] the person is a certified dietitian.
3191          Section 57. Section 58-54-302 is amended to read:
3192          58-54-302. Requirements for licensure.
3193          (1) Each applicant for licensure as a radiologic technologist, radiology assistant, or
3194     radiology practical technician shall:
3195          (a) submit an application in a form prescribed by the division in collaboration with the
3196     board; and
3197          (b) pay a fee as determined by the department pursuant to Section 63J-1-504[; and].
3198          [(c) be of good moral character.]
3199          (2) Each applicant for licensure as a radiologic technologist shall, in addition to the
3200     requirements of Subsection (1):
3201          (a) be a graduate of an accredited educational program in radiologic technology or
3202     certified by the American Registry of Radiologic Technologists or any equivalent educational
3203     program approved by the division in collaboration with the board; and
3204          (b) have passed an examination approved by the division in collaboration with the
3205     board.
3206          (3) Each applicant for licensure as a radiology practical technician shall, in addition to
3207     the requirements of Subsection (1), have passed a basic examination and one or more specialty
3208     examinations that are competency based, using a task analysis of the scope of practice of
3209     radiology practical technicians in the state. The basic examination and the specialty
3210     examination shall be approved by the division in collaboration with the board and the licensing
3211     board of the profession within which the radiology practical technician will be practicing.
3212          (4) The division shall provide for administration of the radiology practical technician
3213     examination not less than monthly at offices designated by the division and located:
3214          (a) in Salt Lake City; and
3215          (b) within each local health department jurisdictional area.
3216          (5) (a) Except as provided in Subsection (5)(b), each applicant for licensure as a
3217     radiologist assistant shall:
3218          (i) meet the requirements of Subsections (1) and (2);
3219          (ii) have a Bachelor of Science degree; and
3220          (iii) be certified as:

3221          (A) a radiologist assistant by the American Registry of Radiologic Technologists; or
3222          (B) a radiology practitioner assistant by the Certification Board of Radiology
3223     Practitioner Assistants.
3224          (b) An individual who meets the requirements of Subsections (5)(a)(i) and (iii), but not
3225     Subsection (5)(a)(ii), may be licensed as a radiologist assistant under this chapter until May 31,
3226     2013, at which time, the individual must have completed the Bachelor of Science degree in
3227     order to retain the license of radiologist assistant.
3228          Section 58. Section 58-55-103 is amended to read:
3229          58-55-103. Construction Services Commission created -- Functions --
3230     Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings
3231     -- Concurrence.
3232          (1) (a) There is created within the division the Construction Services Commission.
3233          (b) The commission shall:
3234          (i) with the concurrence of the director, make reasonable rules under Title 63G,
3235     Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which
3236     are consistent with this chapter including:
3237          (A) licensing of various licensees;
3238          (B) examination requirements and administration of the examinations, to include
3239     approving and establishing a passing score for applicant examinations;
3240          (C) standards of supervision for students or persons in training to become qualified to
3241     obtain a license in the trade they represent; and
3242          (D) standards of conduct for various licensees;
3243          (ii) approve or disapprove fees adopted by the division under Section 63J-1-504;
3244          (iii) except where the boards conduct them, conduct all administrative hearings not
3245     delegated to an administrative law judge relating to the licensing of any applicant;
3246          (iv) except as otherwise provided in Sections 38-11-207 and 58-55-503, with the
3247     concurrence of the director, impose sanctions against licensees and certificate holders with the
3248     same authority as the division under Section 58-1-401;
3249          (v) advise the director on the administration and enforcement of any matters affecting
3250     the division and the construction industry;
3251          (vi) advise the director on matters affecting the division budget;

3252          (vii) advise and assist trade associations in conducting construction trade seminars and
3253     industry education and promotion; and
3254          (viii) perform other duties as provided by this chapter.
3255          (2) (a) Initially the commission shall be comprised of the five members of the
3256     Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing
3257     Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
3258          (b) The terms of office of the commission members who are serving on the Contractors
3259     Licensing Board shall continue as they serve on the commission.
3260          (c) Beginning July 1, 2004, the commission shall be comprised of nine members
3261     appointed by the executive director with the approval of the governor from the following
3262     groups:
3263          (i) one member shall be a licensed general engineering contractor;
3264          (ii) one member shall be a licensed general building contractor;
3265          (iii) two members shall be licensed residential and small commercial contractors;
3266          (iv) three members shall be the three chair persons from the Plumbers Licensing Board,
3267     the Alarm System Security and Licensing Board, and the Electricians Licensing Board; and
3268          (v) two members shall be from the general public[, provided, however that the certified
3269     public accountant on the Contractors Licensing Board will continue to serve until the current
3270     term expires, after which both members under this Subsection (2)(c)(v) shall be appointed from
3271     the general public].
3272          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
3273     members expire, the executive director with the approval of the governor shall appoint each
3274     new member or reappointed member to a four-year term ending June 30.
3275          (b) Notwithstanding the requirements of Subsection (3)(a), the executive director with
3276     the approval of the governor shall, at the time of appointment or reappointment, adjust the
3277     length of terms to stagger the terms of commission members so that approximately 1/2 of the
3278     commission members are appointed every two years.
3279          (c) A commission member may not serve more than two consecutive terms.
3280          (4) The commission shall elect annually one of its members as chair, for a term of one
3281     year.
3282          (5) When a vacancy occurs in the membership for any reason, the replacement shall be

3283     appointed for the unexpired term.
3284          (6) A member may not receive compensation or benefits for the member's service, but
3285     may receive per diem and travel expenses in accordance with:
3286          (a) Section 63A-3-106;
3287          (b) Section 63A-3-107; and
3288          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3289     63A-3-107.
3290          (7) (a) The commission shall meet at least monthly unless the director determines
3291     otherwise.
3292          (b) The director may call additional meetings at the director's discretion, upon the
3293     request of the chair, or upon the written request of four or more commission members.
3294          (8) (a) Five members constitute a quorum for the transaction of business.
3295          (b) If a quorum is present when a vote is taken, the affirmative vote of commission
3296     members present is the act of the commission.
3297          (9) The commission shall comply with the procedures and requirements of Title 13,
3298     Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures
3299     Act, in all of its adjudicative proceedings.
3300          (10) (a) For purposes of this Subsection (10), "concurrence" means the entities given a
3301     concurring role must jointly agree for the action to be taken.
3302          (b) If a provision of this chapter requires concurrence between the director or division
3303     and the commission and no concurrence can be reached, the director or division has final
3304     authority.
3305          (c) When this chapter requires concurrence between the director or division and the
3306     commission:
3307          (i) the director or division shall report to and update the commission on a regular basis
3308     related to matters requiring concurrence; and
3309          (ii) the commission shall review the report submitted by the director or division under
3310     this Subsection (10)(c) and concur with the report, or:
3311          (A) provide a reason for not concurring with the report; and
3312          (B) provide recommendations to the director or division.
3313          Section 59. Section 58-55-106 is amended to read:

3314          58-55-106. Surcharge fee.
3315          (1) In addition to any other fees authorized by this chapter or by the division in
3316     accordance with Section 63J-1-504, the division shall require each applicant for an initial
3317     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
3318     surcharge fee.
3319          (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
3320     used by the division to provide each licensee under this chapter with access to an electronic
3321     reference library that provides web-based access to national, state, and local building codes and
3322     standards.
3323          Section 60. Section 58-55-302 is amended to read:
3324          58-55-302. Qualifications for licensure.
3325          (1) Each applicant for a license under this chapter shall:
3326          (a) submit an application prescribed by the division;
3327          (b) pay a fee as determined by the department under Section 63J-1-504;
3328          (c) meet the examination requirements established by this section and by rule by the
3329     commission with the concurrence of the director, which requirements include:
3330          (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
3331     contractor, no division-administered examination is required;
3332          (ii) for licensure as a general building contractor, general engineering contractor,
3333     residential and small commercial contractor, general plumbing contractor, residential plumbing
3334     contractor, general electrical contractor, or residential electrical contractor, the only required
3335     division-administered examination is a division-administered examination that covers
3336     information from the 25-hour course described in Subsection (1)(e)(iii), which course may
3337     have been previously completed as part of applying for any other license under this chapter,
3338     and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
3339     course described in Subsection (1)(e)(iv); and
3340          (iii) if required in Section 58-55-304, an individual qualifier must pass the required
3341     division-administered examination if the applicant is a business entity;
3342          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
3343          (e) if an applicant for a contractor's license:
3344          (i) produce satisfactory evidence of financial responsibility, except for a construction

3345     trades instructor for whom evidence of financial responsibility is not required;
3346          (ii) produce satisfactory evidence of:
3347          (A) except as provided in Subsection (2)(a), and except that no employment experience
3348     is required for licensure as a specialty contractor, two years full-time paid employment
3349     experience in the construction industry, which employment experience, unless more
3350     specifically described in this section, may be related to any contracting classification and does
3351     not have to include supervisory experience; and
3352          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
3353     necessary for the protection of the public health, safety, and welfare;
3354          (iii) except as otherwise provided by rule by the commission with the concurrence of
3355     the director, complete a 25-hour course established by rule by the commission with the
3356     concurrence of the director, which is taught by an approved prelicensure course provider, and
3357     which course may include:
3358          (A) construction business practices;
3359          (B) bookkeeping fundamentals;
3360          (C) mechanics lien fundamentals;
3361          (D) other aspects of business and construction principles considered important by the
3362     commission with the concurrence of the director; and
3363          (E) for no additional fee, a provider-administered examination at the end of the
3364     25-hour course;
3365          (iv) complete a five-hour business and law course established by rule by the
3366     commission with the concurrence of the director, which is taught by an approved prelicensure
3367     course provider, if an applicant for licensure as a general building contractor, general
3368     engineering contractor, residential and small commercial contractor, general plumbing
3369     contractor, residential plumbing contractor, general electrical contractor, or residential
3370     electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
3371     completed before July 1, 2019, the applicant does not need to take the business and law course;
3372          (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
3373     license or a licensed master residential electrician if an applicant for a residential electrical
3374     contractor's license;
3375          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or

3376     a licensed master residential plumber if an applicant for a residential plumbing contractor's
3377     license; or
3378          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
3379     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
3380          (vi) when the applicant is an unincorporated entity, provide a list of the one or more
3381     individuals who hold an ownership interest in the applicant as of the day on which the
3382     application is filed that includes for each individual:
3383          (A) the individual's name, address, birth date, and social security number; and
3384          (B) whether the individual will engage in a construction trade; and
3385          (f) if an applicant for a construction trades instructor license, satisfy any additional
3386     requirements established by rule.
3387          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
3388     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
3389     evidence of two years full-time paid employment experience as a building inspector, which
3390     shall include at least one year full-time experience as a licensed combination inspector.
3391          (b) [After approval of an applicant for a contractor's license by the applicable board
3392     and the division, the] The applicant shall file the following with the division before the division
3393     issues the license:
3394          (i) proof of workers' compensation insurance which covers employees of the applicant
3395     in accordance with applicable Utah law;
3396          (ii) proof of public liability insurance in coverage amounts and form established by rule
3397     except for a construction trades instructor for whom public liability insurance is not required;
3398     and
3399          (iii) proof of registration as required by applicable law with the:
3400          (A) Department of Commerce;
3401          (B) Division of Corporations and Commercial Code;
3402          (C) Unemployment Insurance Division in the Department of Workforce Services, for
3403     purposes of Title 35A, Chapter 4, Employment Security Act;
3404          (D) State Tax Commission; and
3405          (E) Internal Revenue Service.
3406          (3) In addition to the general requirements for each applicant in Subsection (1),

3407     applicants shall comply with the following requirements to be licensed in the following
3408     classifications:
3409          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
3410          (A) has been a licensed journeyman plumber for at least two years and had two years of
3411     supervisory experience as a licensed journeyman plumber in accordance with division rule;
3412          (B) has received at least an associate of applied science degree or similar degree
3413     following the completion of a course of study approved by the division and had one year of
3414     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
3415          (C) meets the qualifications for expedited licensure as established by rules made by the
3416     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3417     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3418     and skills to be a licensed master plumber.
3419          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
3420     least four years of practical experience as a licensed apprentice under the supervision of a
3421     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
3422     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
3423     master plumber license under this chapter, and satisfies the requirements of this Subsection
3424     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
3425          (iii) An individual holding a valid plumbing contractor's license or residential
3426     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
3427     2008:
3428          (A) considered to hold a current master plumber license under this chapter if licensed
3429     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
3430     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
3431     58-55-303; and
3432          (B) considered to hold a current residential master plumber license under this chapter if
3433     licensed as a residential plumbing contractor and a residential journeyman plumber, and
3434     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
3435     that license under Section 58-55-303.
3436          (b) A master residential plumber applicant shall produce satisfactory evidence that the
3437     applicant:

3438          (i) has been a licensed residential journeyman plumber for at least two years and had
3439     two years of supervisory experience as a licensed residential journeyman plumber in
3440     accordance with division rule; or
3441          (ii) meets the qualifications for expedited licensure as established by rules made by the
3442     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3443     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3444     and skills to be a licensed master residential plumber.
3445          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
3446          (i) successful completion of the equivalent of at least four years of full-time training
3447     and instruction as a licensed apprentice plumber under supervision of a licensed master
3448     plumber or journeyman plumber and in accordance with a planned program of training
3449     approved by the division;
3450          (ii) at least eight years of full-time experience approved by the division in collaboration
3451     with the Plumbers Licensing Board; or
3452          (iii) meeting the qualifications for expedited licensure as established by rules made by
3453     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3454     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3455     and skills to be a licensed journeyman plumber.
3456          (d) A residential journeyman plumber shall produce satisfactory evidence of:
3457          (i) completion of the equivalent of at least three years of full-time training and
3458     instruction as a licensed apprentice plumber under the supervision of a licensed residential
3459     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
3460     accordance with a planned program of training approved by the division;
3461          (ii) completion of at least six years of full-time experience in a maintenance or repair
3462     trade involving substantial plumbing work; or
3463          (iii) meeting the qualifications for expedited licensure as established by rules made by
3464     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3465     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3466     and skills to be a licensed residential journeyman plumber.
3467          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
3468     in accordance with the following:

3469          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
3470     under the immediate supervision of a licensed master plumber, licensed residential master
3471     plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
3472          (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
3473     apprentice plumber may work without supervision for a period not to exceed eight hours in any
3474     24-hour period; and
3475          (iii) rules made by the commission, with the concurrence of the director, in accordance
3476     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
3477     apprentices allowed under the immediate supervision of a licensed supervisor, including the
3478     ratio of apprentices in their fourth year of training or later that are allowed to be under the
3479     immediate supervision of a licensed supervisor.
3480          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
3481          (i) is a graduate electrical engineer of an accredited college or university approved by
3482     the division and has one year of practical electrical experience as a licensed apprentice
3483     electrician;
3484          (ii) is a graduate of an electrical trade school, having received an associate of applied
3485     sciences degree following successful completion of a course of study approved by the division,
3486     and has two years of practical experience as a licensed journeyman electrician;
3487          (iii) has four years of practical experience as a journeyman electrician; or
3488          (iv) meets the qualifications for expedited licensure as established by rules made by the
3489     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3490     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3491     and skills to be a licensed master electrician.
3492          (g) A master residential electrician applicant shall produce satisfactory evidence that
3493     the applicant:
3494          (i) has at least two years of practical experience as a residential journeyman electrician;
3495     or
3496          (ii) meets the qualifications for expedited licensure as established by rules made by the
3497     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3498     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3499     and skills to be a master residential electrician.

3500          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
3501     applicant:
3502          (i) has successfully completed at least four years of full-time training and instruction as
3503     a licensed apprentice electrician under the supervision of a master electrician or journeyman
3504     electrician and in accordance with a planned training program approved by the division;
3505          (ii) has at least eight years of full-time experience approved by the division in
3506     collaboration with the Electricians Licensing Board; or
3507          (iii) meets the qualifications for expedited licensure as established by rules made by the
3508     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3509     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3510     and skills to be a licensed journeyman electrician.
3511          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
3512     that the applicant:
3513          (i) has successfully completed two years of training in an electrical training program
3514     approved by the division;
3515          (ii) has four years of practical experience in wiring, installing, and repairing electrical
3516     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
3517     journeyman, residential master, or residential journeyman electrician; or
3518          (iii) meets the qualifications for expedited licensure as established by rules made by the
3519     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3520     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3521     and skills to be a licensed residential journeyman electrician.
3522          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
3523     be in accordance with the following:
3524          (i) A licensed apprentice electrician shall be under the immediate supervision of a
3525     licensed master, journeyman, residential master, or residential journeyman electrician;
3526          (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
3527     apprentice electrician may work without supervision for a period not to exceed eight hours in
3528     any 24-hour period;
3529          (iii) rules made by the commission, with the concurrence of the director, in accordance
3530     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of

3531     apprentices allowed under the immediate supervision of a licensed supervisor, including the
3532     ratio of apprentices in their fourth year of training or later that are allowed to be under the
3533     immediate supervision of a licensed supervisor; and
3534          (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
3535     residential project, or more if established by rules made by the commission, in concurrence
3536     with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3537     Act.
3538          (k) An alarm company applicant shall:
3539          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
3540     the applicant who:
3541          (A) demonstrates 6,000 hours of experience in the alarm company business;
3542          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
3543     company business or in a construction business; and
3544          (C) passes an examination component established by rule by the commission with the
3545     concurrence of the director;
3546          (ii) if a corporation, provide:
3547          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
3548     of all corporate officers, directors, and those responsible management personnel employed
3549     within the state or having direct responsibility for managing operations of the applicant within
3550     the state; and
3551          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
3552     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
3553     shall not be required if the stock is publicly listed and traded;
3554          (iii) if a limited liability company, provide:
3555          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
3556     of all company officers, and those responsible management personnel employed within the
3557     state or having direct responsibility for managing operations of the applicant within the state;
3558     and
3559          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
3560     of all individuals owning 5% or more of the equity of the company;
3561          (iv) if a partnership, provide the names, addresses, dates of birth, social security

3562     numbers, and fingerprint cards of all general partners, and those responsible management
3563     personnel employed within the state or having direct responsibility for managing operations of
3564     the applicant within the state;
3565          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
3566     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
3567     employed within the state or having direct responsibility for managing operations of the
3568     applicant within the state;
3569          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
3570     fingerprint cards of the trustee, and those responsible management personnel employed within
3571     the state or having direct responsibility for managing operations of the applicant within the
3572     state;
3573          (vii) be of good moral character in that officers, directors, shareholders described in
3574     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
3575     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
3576     crime that when considered with the duties and responsibilities of an alarm company is
3577     considered by the board to indicate that the best interests of the public are served by granting
3578     the applicant a license;
3579          (viii) document that none of the applicant's officers, directors, shareholders described
3580     in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
3581     personnel have been declared by any court of competent jurisdiction incompetent by reason of
3582     mental defect or disease and not been restored;
3583          (ix) document that none of the applicant's officers, directors, shareholders described in
3584     Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
3585     currently suffering from habitual drunkenness or from drug addiction or dependence;
3586          (x) file and maintain with the division evidence of:
3587          (A) comprehensive general liability insurance in form and in amounts to be established
3588     by rule by the commission with the concurrence of the director;
3589          (B) workers' compensation insurance that covers employees of the applicant in
3590     accordance with applicable Utah law; and
3591          (C) registration as is required by applicable law with the:
3592          (I) Division of Corporations and Commercial Code;

3593          (II) Unemployment Insurance Division in the Department of Workforce Services, for
3594     purposes of Title 35A, Chapter 4, Employment Security Act;
3595          (III) State Tax Commission; and
3596          (IV) Internal Revenue Service; and
3597          (xi) meet with the division and board.
3598          (l) Each applicant for licensure as an alarm company agent shall:
3599          (i) submit an application in a form prescribed by the division accompanied by
3600     fingerprint cards;
3601          (ii) pay a fee determined by the department under Section 63J-1-504;
3602          (iii) be of good moral character in that the applicant has not been convicted of a felony,
3603     a misdemeanor involving moral turpitude, or any other crime that when considered with the
3604     duties and responsibilities of an alarm company agent is considered by the board to indicate
3605     that the best interests of the public are served by granting the applicant a license;
3606          (iv) not have been declared by any court of competent jurisdiction incompetent by
3607     reason of mental defect or disease and not been restored;
3608          (v) not be currently suffering from habitual drunkenness or from drug addiction or
3609     dependence; and
3610          (vi) meet with the division and board if requested by the division or the board.
3611          (m) (i) Each applicant for licensure as an elevator mechanic shall:
3612          (A) provide documentation of experience and education credits of not less than three
3613     years work experience in the elevator industry, in construction, maintenance, or service and
3614     repair; and
3615          (B) satisfactorily complete a written examination administered by the division
3616     established by rule under Section 58-1-203; or
3617          (C) provide certificates of completion of an apprenticeship program for elevator
3618     mechanics, having standards substantially equal to those of this chapter and registered with the
3619     United States Department of Labor Bureau Apprenticeship and Training or a state
3620     apprenticeship council.
3621          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
3622     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
3623     repairing, or maintaining an elevator, the contractor may:

3624          (I) notify the division of the unavailability of licensed personnel; and
3625          (II) request the division issue a temporary elevator mechanic license to an individual
3626     certified by the contractor as having an acceptable combination of documented experience and
3627     education to perform the work described in this Subsection (3)(m)(ii)(A).
3628          (B) (I) The division may issue a temporary elevator mechanic license to an individual
3629     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
3630     the appropriate fee as determined by the department under Section 63J-1-504.
3631          (II) The division shall specify the time period for which the license is valid and may
3632     renew the license for an additional time period upon its determination that a shortage of
3633     licensed elevator mechanics continues to exist.
3634          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3635     division may make rules establishing when Federal Bureau of Investigation records shall be
3636     checked for applicants as an alarm company or alarm company agent.
3637          (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
3638     (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
3639     Department of Public Safety with the division's request to:
3640          (a) conduct a search of records of the Department of Public Safety for criminal history
3641     information relating to each applicant for licensure as an alarm company or alarm company
3642     agent and each applicant's officers, directors, shareholders described in Subsection
3643     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
3644          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
3645     requiring a check of records of the Federal Bureau of Investigation for criminal history
3646     information under this section.
3647          (6) The Department of Public Safety shall send to the division:
3648          (a) a written record of criminal history, or certification of no criminal history record, as
3649     contained in the records of the Department of Public Safety in a timely manner after receipt of
3650     a fingerprint card from the division and a request for review of Department of Public Safety
3651     records; and
3652          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
3653     a timely manner after receipt of information from the Federal Bureau of Investigation.
3654          (7) (a) The division shall charge each applicant for licensure as an alarm company or

3655     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
3656     performing the records reviews under this section.
3657          (b) The division shall pay the Department of Public Safety the costs of all records
3658     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
3659     costs of records reviews under this section.
3660          (8) Information obtained by the division from the reviews of criminal history records of
3661     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
3662     disseminated by the division only for the purpose of determining if an applicant for licensure as
3663     an alarm company or alarm company agent is qualified for licensure.
3664          (9) (a) An application for licensure under this chapter shall be denied if:
3665          (i) the applicant has had a previous license, which was issued under this chapter,
3666     suspended or revoked within two years before the date of the applicant's application;
3667          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
3668          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
3669     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
3670     status, performing similar functions, or directly or indirectly controlling the applicant has
3671     served in any similar capacity with any person or entity which has had a previous license,
3672     which was issued under this chapter, suspended or revoked within two years before the date of
3673     the applicant's application;
3674          (iii) (A) the applicant is an individual or sole proprietorship; and
3675          (B) any owner or agent acting as a qualifier has served in any capacity listed in
3676     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
3677     this chapter, suspended or revoked within two years before the date of the applicant's
3678     application; or
3679          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
3680     an unincorporated entity at the time the entity's license under this chapter was revoked; and
3681          (B) the application for licensure is filed within 60 months after the revocation of the
3682     unincorporated entity's license.
3683          (b) An application for licensure under this chapter shall be reviewed by the appropriate
3684     licensing board prior to approval if:
3685          (i) the applicant has had a previous license, which was issued under this chapter,

3686     suspended or revoked more than two years before the date of the applicant's application;
3687          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
3688          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
3689     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
3690     status, performing similar functions, or directly or indirectly controlling the applicant has
3691     served in any similar capacity with any person or entity which has had a previous license,
3692     which was issued under this chapter, suspended or revoked more than two years before the date
3693     of the applicant's application; or
3694          (iii) (A) the applicant is an individual or sole proprietorship; and
3695          (B) any owner or agent acting as a qualifier has served in any capacity listed in
3696     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
3697     this chapter, suspended or revoked more than two years before the date of the applicant's
3698     application.
3699          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
3700     report with the division every 30 days after the day on which the license is issued if the licensee
3701     has more than five owners who are individuals who:
3702          (A) own an interest in the contractor that is an unincorporated entity;
3703          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
3704     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
3705     unincorporated entity; and
3706          (C) engage, or will engage, in a construction trade in the state as owners of the
3707     contractor described in Subsection (10)(a)(i)(A).
3708          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
3709     licensee shall provide the ownership status report with an application for renewal of licensure.
3710          (b) An ownership status report required under this Subsection (10) shall:
3711          (i) specify each addition or deletion of an owner:
3712          (A) for the first ownership status report, after the day on which the unincorporated
3713     entity is licensed under this chapter; and
3714          (B) for a subsequent ownership status report, after the day on which the previous
3715     ownership status report is filed;
3716          (ii) be in a format prescribed by the division that includes for each owner, regardless of

3717     the owner's percentage ownership in the unincorporated entity, the information described in
3718     Subsection(1)(e)(vi);
3719          (iii) list the name of:
3720          (A) each officer or manager of the unincorporated entity; and
3721          (B) each other individual involved in the operation, supervision, or management of the
3722     unincorporated entity; and
3723          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
3724     if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
3725          (c) The division may, at any time, audit an ownership status report under this
3726     Subsection (10):
3727          (i) to determine if financial responsibility has been demonstrated or maintained as
3728     required under Section 58-55-306; and
3729          (ii) to determine compliance with Subsection 58-55-501(23), (24), [(25), or (27)] or
3730     (26) or Subsection 58-55-502(8) or (9).
3731          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
3732     chapter by providing an individual who owns an interest in the unincorporated entity to engage
3733     in a construction trade in Utah shall file with the division:
3734          (i) before the individual who owns an interest in the unincorporated entity engages in a
3735     construction trade in Utah, a current list of the one or more individuals who hold an ownership
3736     interest in the unincorporated entity that includes for each individual:
3737          (A) the individual's name, address, birth date, and social security number; and
3738          (B) whether the individual will engage in a construction trade; and
3739          (ii) every 30 days after the day on which the unincorporated entity provides the list
3740     described in Subsection (11)(a)(i), an ownership status report containing the information that
3741     would be required under Subsection (10) if the unincorporated entity were a licensed
3742     contractor.
3743          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
3744     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
3745     the division in accordance with Section 63J-1-504.
3746          (12) This chapter may not be interpreted to create or support an express or implied
3747     independent contractor relationship between an unincorporated entity described in Subsection

3748     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
3749     withholding.
3750          (13) A social security number provided under Subsection (1)(e)(vi) is a private record
3751     under Subsection 63G-2-302(1)(i).
3752          Section 61. Section 58-55-305 is amended to read:
3753          58-55-305. Exemptions from licensure.
3754          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
3755     persons may engage in acts or practices included within the practice of construction trades,
3756     subject to the stated circumstances and limitations, without being licensed under this chapter:
3757          (a) an authorized representative of the United States government or an authorized
3758     employee of the state or any of its political subdivisions when working on construction work of
3759     the state or the subdivision, and when acting within the terms of the person's trust, office, or
3760     employment;
3761          (b) a person engaged in construction or operation incidental to the construction and
3762     repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
3763     districts, and drainage districts or construction and repair relating to farming, dairying,
3764     agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
3765     excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
3766     sites, and lumbering;
3767          (c) public utilities operating under the rules of the Public Service Commission on work
3768     incidental to their own business;
3769          (d) a sole [owners] owner of property engaged in building:
3770          (i) no more than one residential structure per year on the sole owner's property and no
3771     more than three residential structures per five years on [their] the sole owner's property for
3772     [their own] the sole owner's noncommercial, nonpublic use[; except], except that a person
3773     other than the property owner or [individuals] a person described in Subsection (1)(e), who
3774     engages in building [the] a residential structure must be licensed under this chapter if the
3775     person is otherwise required to be licensed under this chapter; or
3776          (ii) structures on [their] the sole owner's property for [their own] the sole owner's
3777     noncommercial, nonpublic use [which] that are incidental to a residential structure on the
3778     property, including [sheds, carports, or detached garages] a shed, carport, or detached garage;

3779          (e) (i) a person engaged in construction or renovation of a residential building for
3780     noncommercial, nonpublic use if that person:
3781          (A) works without compensation other than token compensation that is not considered
3782     salary or wages; and
3783          (B) works under the direction of the property owner who engages in building the
3784     structure; and
3785          (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
3786     by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
3787     exempted from licensure under this Subsection (1)(e), that is:
3788          (A) minimal in value when compared with the fair market value of the services
3789     provided by the person;
3790          (B) not related to the fair market value of the services provided by the person; and
3791          (C) is incidental to the providing of services by the person including paying for or
3792     providing meals or refreshment while services are being provided, or paying reasonable
3793     transportation costs incurred by the person in travel to the site of construction;
3794          (f) a person engaged in the sale or merchandising of personal property that by its design
3795     or manufacture may be attached, installed, or otherwise affixed to real property who has
3796     contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
3797     attach that property;
3798          (g) a contractor submitting a bid on a federal aid highway project, if, before
3799     undertaking construction under that bid, the contractor is licensed under this chapter;
3800          (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
3801     person engaged in the alteration, repair, remodeling, or addition to or improvement of a
3802     building with a contracted or agreed value of less than $3,000, including both labor and
3803     materials, and including all changes or additions to the contracted or agreed upon work; and
3804          (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
3805     section:
3806          (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
3807     any six month period of time:
3808          (I) must be performed by a licensed electrical or plumbing contractor, if the project
3809     involves an electrical or plumbing system; and

3810          (II) may be performed by a licensed journeyman electrician or plumber or an individual
3811     referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
3812     such as a faucet, toilet, fixture, device, outlet, or electrical switch;
3813          (B) installation, repair, or replacement of a residential or commercial gas appliance or a
3814     combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
3815     received certification under Subsection 58-55-308(2) except as otherwise provided in
3816     Subsection 58-55-308(2)(d) or 58-55-308(3);
3817          (C) installation, repair, or replacement of water-based fire protection systems on a
3818     Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
3819     contractor or a licensed journeyman plumber;
3820          (D) work as an alarm business or company or as an alarm company agent shall be
3821     performed by a licensed alarm business or company or a licensed alarm company agent, except
3822     as otherwise provided in this chapter;
3823          (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
3824     project must be performed by a licensed alarm business or company or a licensed alarm
3825     company agent;
3826          (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
3827     system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
3828     licensed by the division;
3829          (G) installation, repair, or replacement of a radon mitigation system or a soil
3830     depressurization system must be performed by a licensed contractor; and
3831          (H) if the total value of the project is greater than $1,000, the person shall file with the
3832     division a one-time affirmation, subject to periodic reaffirmation as established by division
3833     rule, that the person has:
3834          (I) public liability insurance in coverage amounts and form established by division
3835     rule; and
3836          (II) if applicable, workers compensation insurance which would cover an employee of
3837     the person if that employee worked on the construction project;
3838          (i) a person practicing a specialty contractor classification or construction trade which
3839     the director does not classify by administrative rule as significantly impacting the public's
3840     health, safety, and welfare;

3841          (j) owners and lessees of property and persons regularly employed for wages by owners
3842     or lessees of property or their agents for the purpose of maintaining the property, are exempt
3843     from this chapter when doing work upon the property;
3844          (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
3845     division by rule, to the replacement or repair of a fixture or an appliance in a residential or
3846     small commercial building, or structure used for agricultural use, as defined in Section
3847     15A-1-202, provided that no modification is made to:
3848          (A) existing culinary water, soil, waste, or vent piping; or
3849          (B) a gas appliance or combustion system; and
3850          (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
3851     an appliance is not included in the exemption provided under Subsection (1)(k)(i);
3852          (l) a person who ordinarily would be subject to the plumber licensure requirements
3853     under this chapter when installing or repairing a water conditioner or other water treatment
3854     apparatus if the conditioner or apparatus:
3855          (i) meets the appropriate state construction codes or local plumbing standards; and
3856          (ii) is installed or repaired under the direction of a person authorized to do the work
3857     under an appropriate specialty contractor license;
3858          (m) a person who ordinarily would be subject to the electrician licensure requirements
3859     under this chapter when employed by:
3860          (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
3861     contractors or constructors, or street railway systems; or
3862          (ii) public service corporations, rural electrification associations, or municipal utilities
3863     who generate, distribute, or sell electrical energy for light, heat, or power;
3864          (n) a person involved in minor electrical work incidental to a mechanical or service
3865     installation, including the outdoor installation of an above-ground, prebuilt hot tub;
3866          (o) a person who ordinarily would be subject to the electrician licensure requirements
3867     under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
3868     contractor license for the electrical work associated with the installation, repair, or maintenance
3869     of solar energy panels, may continue the limited electrical work for solar energy panels under a
3870     specialty contractor license;
3871          (p) a student participating in construction trade education and training programs

3872     approved by the commission with the concurrence of the director under the condition that:
3873          (i) all work intended as a part of a finished product on which there would normally be
3874     an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
3875     building inspector; and
3876          (ii) a licensed contractor obtains the necessary building permits;
3877          (q) a delivery person when replacing any of the following existing equipment with a
3878     new gas appliance, provided there is an existing gas shutoff valve at the appliance:
3879          (i) gas range;
3880          (ii) gas dryer;
3881          (iii) outdoor gas barbeque; or
3882          (iv) outdoor gas patio heater;
3883          (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if
3884     the maintenance is not related to the operating integrity of the elevator; and
3885          (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
3886     working under the general direction of the licensed elevator mechanic.
3887          (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
3888     to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
3889     notify the division, in writing or through electronic transmission, of the issuance of the permit.
3890          Section 62. Section 58-55-308 is amended to read:
3891          58-55-308. Scope of practice -- Installation, repair, maintenance, or replacement
3892     of gas appliance, combustion system, or automatic five sprinkler system -- Rules.
3893          (1) (a) The commission, with the concurrence of the director, may adopt reasonable
3894     rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and
3895     limit the scope of practice and operating standards of the classifications and subclassifications
3896     licensed under this chapter in a manner consistent with established practice in the relevant
3897     industry.
3898          (b) The commission and the director may limit the field and scope of operations of a
3899     licensee under this chapter in accordance with the rules and the public health, safety, and
3900     welfare, based on the licensee's education, training, experience, knowledge, and financial
3901     responsibility.
3902          (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection

3903     (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or
3904     commercial gas appliance or combustion system.
3905          (b) The provisions of this Subsection (2) apply to any:
3906          (i) licensee under this chapter whose license authorizes the licensee to perform the
3907     work described in Subsection (2)(a); and
3908          (ii) person exempt from licensure under Subsection 58-55-305[(1)(h)].
3909          (c) Any person described in Subsection (2)(b) that performs work described in
3910     Subsection (2)(a):
3911          (i) must first receive training and certification as specified in rules adopted by the
3912     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3913     Utah Administrative Rulemaking Act; and
3914          (ii) shall ensure that any employee authorized under other provisions of this chapter to
3915     perform work described in Subsection (2)(a) has first received training and certification as
3916     specified in rules adopted by the division.
3917          (d) The division may exempt from the training requirements adopted under Subsection
3918     (2)(c) a person that has adequate experience, as determined by the division.
3919          (3) The division may exempt the following individuals from the certification
3920     requirements adopted under Subsection (2)(c):
3921          (a) a person who has passed a test equivalent to the level of testing required by the
3922     division for certification, or has completed an apprenticeship program that teaches the
3923     installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship
3924     Training; and
3925          (b) a person working under the immediate one-to-one supervision of a certified natural
3926     gas technician or a person exempt from certification.
3927          (4) (a) The work and scope of practice covered by this Subsection (4) is the
3928     installation, repair, maintenance, or replacement of an automatic fire sprinkler system.
3929          (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for
3930     a business entity in accordance with Section 58-55-304, where the business entity seeks to
3931     perform the work described in Subsection (4)(a).
3932          (c) Before a business entity described in Subsection (4)(b) may perform the work
3933     described in Subsection (4)(a), the qualifier for the business entity shall:

3934          (i) be a licensed general building contractor; or
3935          (ii) obtain a certification in fire sprinkler fitting from the division by providing
3936     evidence to the division that the qualifier has met the following requirements:
3937          (A) completing a Department of Labor federally approved apprentice training program
3938     or completing two-years experience under the immediate supervision of a licensee who has
3939     obtained a certification in fire sprinkler fitting; and
3940          (B) passing the Star fire sprinklerfitting mastery examination offered by the National
3941     Inspection Testing and Certification Corporation or an equivalent examination approved by the
3942     division.
3943          (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a
3944     business entity who has received training and experience equivalent to the requirements of
3945     Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the
3946     director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3947          (5) This section does not prohibit a licensed specialty contractor from accepting and
3948     entering into a contract involving the use of two or more crafts or trades if the performance of
3949     the work in the crafts or trades, other than that in which the contractor is licensed, is incidental
3950     and supplemental to the work for which the contractor is licensed.
3951          Section 63. Section 58-55-401 is amended to read:
3952          58-55-401. Grounds for denial of license and disciplinary proceedings.
3953          (1) In accordance with Section 58-1-401, the division may:
3954          (a) refuse to issue a license to an applicant;
3955          (b) refuse to renew the license of a licensee;
3956          (c) revoke the right of a licensee to recover from the Residence Lien Recovery Fund
3957     created by Section 38-11-201;
3958          (d) revoke, suspend, restrict, or place on probation the license of a licensee;
3959          (e) issue a public or private reprimand to a licensee; and
3960          (f) issue a cease and desist order.
3961          (2) In addition to an action taken under Subsection (1), the division may take an action
3962     described in Subsection 58-1-401(2) in relation to a license as a contractor, if:
3963          (a) the applicant or licensee is an unincorporated entity; and
3964          (b) an individual who holds an ownership interest in or is the qualifier under Section

3965     58-55-304 of the applicant or licensee engages in:
3966          (i) unlawful conduct as described in Section 58-55-501; or
3967          (ii) unprofessional conduct as described in Section 58-55-502.
3968          Section 64. Section 58-55-501 is amended to read:
3969          58-55-501. Unlawful conduct.
3970          Unlawful conduct includes:
3971          (1) engaging in a construction trade, acting as a contractor, an alarm business or
3972     company, or an alarm company agent, or representing oneself to be engaged in a construction
3973     trade or to be acting as a contractor in a construction trade requiring licensure, unless the
3974     person doing any of these is appropriately licensed or exempted from licensure under this
3975     chapter;
3976          (2) acting in a construction trade, as an alarm business or company, or as an alarm
3977     company agent beyond the scope of the license held;
3978          (3) hiring or employing a person who is not licensed under this chapter to perform
3979     work on a project, unless the person:
3980          (a) is an employee of a person licensed under this chapter for wages; and
3981          (b) is not required to be licensed under this chapter;
3982          (4) applying for or obtaining a building permit either for oneself or another when not
3983     licensed or exempted from licensure as a contractor under this chapter;
3984          (5) issuing a building permit to any person for whom there is no evidence of a current
3985     license or exemption from licensure as a contractor under this chapter;
3986          (6) applying for or obtaining a building permit for the benefit of or on behalf of any
3987     other person who is required to be licensed under this chapter but who is not licensed or is
3988     otherwise not entitled to obtain or receive the benefit of the building permit;
3989          (7) failing to obtain a building permit when required by law or rule;
3990          (8) submitting a bid for any work for which a license is required under this chapter by a
3991     person not licensed or exempted from licensure as a contractor under this chapter;
3992          (9) willfully or deliberately misrepresenting or omitting a material fact in connection
3993     with an application to obtain or renew a license under this chapter;
3994          (10) allowing one's license to be used by another except as provided by statute or rule;
3995          (11) doing business under a name other than the name appearing on the license, except

3996     as permitted by statute or rule;
3997          (12) if licensed as a contractor in the electrical trade or plumbing trade, journeyman
3998     plumber, residential journeyman plumber, journeyman electrician, master electrician, or
3999     residential electrician, failing to directly supervise an apprentice under one's supervision or
4000     exceeding the number of apprentices one is allowed to have under the contractor's supervision;
4001          (13) if licensed as a contractor or representing oneself to be a contractor, receiving any
4002     funds in payment for a specific project from an owner or any other person, which funds are to
4003     pay for work performed or materials and services furnished for that specific project, and after
4004     receiving the funds to exercise unauthorized control over the funds by failing to pay the full
4005     amounts due and payable to persons who performed work or furnished materials or services
4006     within a reasonable period of time;
4007          (14) employing an unlicensed alarm business or company or an unlicensed individual
4008     as an alarm company agent, except as permitted under the exemption from licensure provisions
4009     under Section 58-1-307;
4010          (15) if licensed as an alarm company or alarm company agent, filing with the division
4011     fingerprint cards for an applicant which are not those of the applicant, or are in any other way
4012     false or fraudulent and intended to mislead the division in its consideration of the applicant for
4013     licensure;
4014          (16) if licensed under this chapter, willfully or deliberately disregarding or violating:
4015          (a) the building or construction laws of this state or any political subdivision;
4016          (b) the safety and labor laws applicable to a project;
4017          (c) any provision of the health laws applicable to a project;
4018          (d) the workers' compensation insurance laws of the state applicable to a project;
4019          (e) the laws governing withholdings for employee state and federal income taxes,
4020     unemployment taxes, Social Security payroll taxes, or other required withholdings; or
4021          (f) reporting, notification, and filing laws of this state or the federal government;
4022          [(17) aiding or abetting any person in evading the provisions of this chapter or rules
4023     established under the authority of the division to govern this chapter;]
4024          [(18)] (17) engaging in the construction trade or as a contractor for the construction of
4025     residences of up to two units when not currently registered or exempt from registration as a
4026     qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery

4027     Fund Act;
4028          [(19)] (18) failing, as an original contractor, as defined in Section 38-11-102, to
4029     include in a written contract the notification required in Section 38-11-108;
4030          [(20)] (19) wrongfully filing a preconstruction or construction lien in violation of
4031     Section 38-1a-308;
4032          [(21)] (20) if licensed as a contractor, not completing the approved continuing
4033     education required under Section 58-55-302.5;
4034          [(22)] (21) an alarm company allowing an employee with a temporary license under
4035     Section 58-55-312 to engage in conduct on behalf of the company outside the scope of the
4036     temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
4037          [(23)] (22) an alarm company agent under a temporary license under Section 58-55-312
4038     engaging in conduct outside the scope of the temporary license, as provided in Subsection
4039     58-55-312(3)(a)(ii);
4040          [(24)] (23) (a) an unincorporated entity licensed under this chapter having an individual
4041     who owns an interest in the unincorporated entity engage in a construction trade in Utah while
4042     not lawfully present in the United States; or
4043          (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4044     providing an individual who owns an interest in the unincorporated entity to engage in a
4045     construction trade in Utah while not lawfully present in the United States;
4046          [(25)] (24) an unincorporated entity failing to provide the following for an individual
4047     who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or
4048     for an individual who engages, or will engage, in a construction trade in Utah for a separate
4049     entity for which the unincorporated entity provides the individual as labor:
4050          (a) workers' compensation coverage:
4051          (i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and
4052     Title 34A, Chapter 3, Utah Occupational Disease Act; or
4053          (ii) that would be required under the chapters listed in Subsection [(25)] (24)(a)(i) if
4054     the unincorporated entity were licensed under this chapter; and
4055          (b) unemployment compensation in accordance with Title 35A, Chapter 4,
4056     Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
4057     interest in the unincorporated entity, as defined by rule made by the division in accordance with

4058     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
4059          [(26)] (25) the failure of a sign installation contractor or nonelectrical outdoor
4060     advertising sign contractor, as classified and defined in division rules, to:
4061          (a) display the contractor's license number prominently on a vehicle that:
4062          (i) the contractor uses; and
4063          (ii) displays the contractor's business name; or
4064          (b) carry a copy of the contractor's license in any other vehicle that the contractor uses
4065     at a job site, whether or not the vehicle is owned by the contractor;
4066          [(27)] (26) (a) an unincorporated entity licensed under this chapter having an individual
4067     who owns an interest in the unincorporated entity engage in a construction trade in the state
4068     while the individual is using a Social Security number that does not belong to that individual;
4069     or
4070          (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4071     providing an individual, who owns an interest in the unincorporated entity, to engage in a
4072     construction trade in the state while the individual is using a Social Security number that does
4073     not belong to that individual;
4074          [(28)] (27) a contractor failing to comply with a requirement imposed by a political
4075     subdivision, state agency, or board of education under Section 58-55-310; or
4076          [(29)] (28) failing to timely comply with the requirements described in Section
4077     58-55-605.
4078          Section 65. Section 58-55-503 is amended to read:
4079          58-55-503. Penalty for unlawful conduct -- Citations.
4080          (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
4081     (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (21), (22), (23), (24), (25), (26), (27), or
4082     (28), [or (29),] or Subsection 58-55-504(2), or who fails to comply with a citation issued under
4083     this section after it is final, is guilty of a class A misdemeanor.
4084          (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
4085     individual and does not include a sole proprietorship, joint venture, corporation, limited
4086     liability company, association, or organization of any type.
4087          (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
4088     awarded and may not accept a contract for the performance of the work.

4089          (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
4090     infraction unless the violator did so with the intent to deprive the person to whom money is to
4091     be paid of the money received, in which case the violator is guilty of theft, as classified in
4092     Section 76-6-412.
4093          (3) Grounds for immediate suspension of a licensee's license by the division and the
4094     commission include:
4095          (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
4096     58-55-501, or Subsection 58-55-504(2); and
4097          (b) the failure by a licensee to make application to, report to, or notify the division with
4098     respect to any matter for which application, notification, or reporting is required under this
4099     chapter or rules adopted under this chapter, including:
4100          (i) applying to the division for a new license to engage in a new specialty classification
4101     or to do business under a new form of organization or business structure;
4102          (ii) filing a current financial statement with the division; and
4103          (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
4104          (4) (a) If upon inspection or investigation, the division concludes that a person has
4105     violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4106     (10), (12), (14), [(19)] (18), (20), (21), (22), (23), (24), (25), (26), (27), or (28), [or (29),]
4107     Subsection 58-55-504(2), or any rule or order issued with respect to these subsections, and that
4108     disciplinary action is appropriate, the director or the director's designee from within the
4109     division shall promptly issue a citation to the person according to this chapter and any pertinent
4110     rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
4111     adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4112          (i) A person who is in violation of the provisions of Subsection 58-55-308(2),
4113     Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), [(19)] (18), (20), (21), (22), (23), (24),
4114     (25), (26), (27), or (28), [or (29),] or Subsection 58-55-504(2), as evidenced by an uncontested
4115     citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
4116     be assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be
4117     ordered to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1),
4118     (2), (3), (9), (10), (12), (14), (19), (21), (24), (25), (26), (27), (28), or (29), or Subsection
4119     58-55-504(2).

4120          (ii) Except for a cease and desist order, the licensure sanctions cited in Section
4121     58-55-401 may not be assessed through a citation.
4122          (b) (i) A citation shall be in writing and describe with particularity the nature of the
4123     violation, including a reference to the provision of the chapter, rule, or order alleged to have
4124     been violated.
4125          (ii) A citation shall clearly state that the recipient must notify the division in writing
4126     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
4127     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4128          (iii) A citation shall clearly explain the consequences of failure to timely contest the
4129     citation or to make payment of any fines assessed by the citation within the time specified in
4130     the citation.
4131          (c) A citation issued under this section, or a copy of a citation, may be served upon a
4132     person upon whom a summons may be served:
4133          (i) in accordance with the Utah Rules of Civil Procedure;
4134          (ii) personally or upon the person's agent by a division investigator or by a person
4135     specially designated by the director; or
4136          (iii) by mail.
4137          (d) (i) If within 20 calendar days after the day on which a citation is served, the person
4138     to whom the citation was issued fails to request a hearing to contest the citation, the citation
4139     becomes the final order of the division and is not subject to further agency review.
4140          (ii) The period to contest a citation may be extended by the division for cause.
4141          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
4142     the license of a licensee who fails to comply with a citation after it becomes final.
4143          (f) The failure of an applicant for licensure to comply with a citation after it becomes
4144     final is a ground for denial of license.
4145          (g) A citation may not be issued under this section after the expiration of six months
4146     following the occurrence of a violation.
4147          (h) Except as provided in Subsection (5), the director or the director's designee shall
4148     assess a fine in accordance with the following:
4149          (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
4150          (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;

4151     and
4152          (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
4153     $2,000 for each day of continued offense.
4154          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
4155     Subsection (4)(h), an offense constitutes a second or subsequent offense if:
4156          (A) the division previously issued a final order determining that a person committed a
4157     first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
4158     (3), (9), (10), (12), (14), [(19)] (18), (23), (24), (25), (26), (27), or (28), [or (29),] or Subsection
4159     58-55-504(2); or
4160          (B) (I) the division initiated an action for a first or second offense;
4161          (II) a final order has not been issued by the division in the action initiated under
4162     Subsection (4)(i)(i)(B)(I);
4163          (III) the division determines during an investigation that occurred after the initiation of
4164     the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
4165     violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4166     (10), (12), (14), [(19)] (18), (23), (24), (25), (26), (27), or (28), [or (29),] or Subsection
4167     58-55-504(2); and
4168          (IV) after determining that the person committed a second or subsequent offense under
4169     Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
4170     Subsection (4)(i)(i)(B)(I).
4171          (ii) In issuing a final order for a second or subsequent offense under Subsection
4172     (4)(i)(i), the division shall comply with the requirements of this section.
4173          (j) In addition to any other licensure sanction or fine imposed under this section, the
4174     division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
4175     [or (25)] two or more times within a 12-month period, unless, with respect to a violation of
4176     Subsection 58-55-501[(24)](23), the licensee can demonstrate that the licensee successfully
4177     verified the federal legal working status of the individual who was the subject of the violation
4178     using a status verification system, as defined in Section 13-47-102.
4179          (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
4180     [or (25)] for each individual is considered a separate violation.
4181           (5) If a person violates Section 58-55-501, the division may not treat the violation as a

4182     subsequent violation of a previous violation if the violation occurs five years or more after the
4183     day on which the person committed the previous violation.
4184          (6) If, after an investigation, the division determines that a person has committed
4185     multiple of the same type of violation of Section 58-55-501, the division may treat each
4186     violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
4187     each violation.
4188          (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
4189     into the Commerce Service Account created by Section 13-1-2.
4190          (b) A penalty that is not paid may be collected by the director by either referring the
4191     matter to a collection agency or bringing an action in the district court of the county in which
4192     the person against whom the penalty is imposed resides or in the county where the office of the
4193     director is located.
4194          (c) A county attorney or the attorney general of the state shall provide legal assistance
4195     and advice to the director in an action to collect a penalty.
4196          (d) In an action brought to collect a penalty, the court shall award reasonable attorney
4197     fees and costs to the prevailing party.
4198          Section 66. Section 58-57-4 is amended to read:
4199          58-57-4. Qualifications for a license.
4200          (1) The division shall issue a respiratory care practitioner license to an applicant who
4201     meets the requirements specified in this section.
4202          (2) An applicant seeking licensure as a respiratory care practitioner shall:
4203          (a) submit an application on a form prescribed by the division;
4204          (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
4205          [(c) show evidence of good moral character;]
4206          [(d)] (c) possess a high school education or its equivalent, as determined by the
4207     division in collaboration with the board;
4208          [(e)] (d) have completed a respiratory care practitioner educational program that is
4209     accredited by a nationally accredited organization acceptable to the division as defined by rule;
4210     and
4211          [(f)] (e) pass an examination approved by the division in collaboration with the board.
4212          Section 67. Section 58-60-109 is amended to read:

4213          58-60-109. Unlawful conduct.
4214          As used in this chapter, "unlawful conduct" includes:
4215          (1) practice of the following unless licensed in the appropriate classification or
4216     exempted from licensure under this title:
4217          (a) mental health therapy;
4218          (b) clinical social work;
4219          (c) certified social work;
4220          (d) marriage and family therapy;
4221          (e) clinical mental health counselor;
4222          (f) practice as a social service worker; or
4223          (g) substance use disorder counselor;
4224          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
4225     documented to the division the licensed psychologist's completion of the supervised training in
4226     mental health therapy required under Subsection 58-61-304(1)[(f)](e); or
4227          (3) representing oneself as, or using the title of, the following:
4228          (a) unless currently licensed in a license classification under this title:
4229          (i) psychiatrist;
4230          (ii) psychologist;
4231          (iii) registered psychiatric mental health nurse specialist;
4232          (iv) mental health therapist;
4233          (v) clinical social worker;
4234          (vi) certified social worker;
4235          (vii) marriage and family therapist;
4236          (viii) clinical mental health counselor;
4237          (ix) social service worker;
4238          (x) substance use disorder counselor;
4239          (xi) associate clinical mental health counselor; or
4240          (xii) associate marriage and family therapist; or
4241          (b) unless currently in possession of the credentials described in Subsection (4), social
4242     worker.
4243          (4) An individual may represent oneself as a, or use the title of, social worker if the

4244     individual possesses certified transcripts from an accredited institution of higher education,
4245     recognized by the division in collaboration with the Social Work Licensing Board, verifying
4246     satisfactory completion of an education and an earned degree as follows:
4247          (a) a bachelor's or master's degree in a social work program accredited by the Council
4248     on Social Work Education or by the Canadian Association of Schools of Social Work; or
4249          (b) a doctoral degree that contains a clinical social work concentration and practicum
4250     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4251     Administrative Rulemaking Act, that is consistent with Section 58-1-203.
4252          Section 68. Section 58-60-115 is amended to read:
4253          58-60-115. License by endorsement.
4254          The division shall issue a license by endorsement under this chapter to a person who:
4255          (1) submits an application on a form provided by the division;
4256          (2) pays a fee determined by the department under Section 63J-1-504;
4257          (3) provides documentation of current licensure in good standing in a state, district, or
4258     territory of the United States to practice in the profession for which licensure is being sought;
4259          (4) except as provided in Subsection (5), provides documentation that the person has
4260     engaged in the lawful practice of the profession for which licensure is sought for at least 4,000
4261     hours, of which 1,000 hours are in mental health therapy;
4262          (5) if applying for a license to practice as a licensed substance use disorder counselor,
4263     provides documentation that the person:
4264          (a) has engaged in the lawful practice of the profession for at least 4,000 hours; and
4265          (b) has passed an examination approved by the division, by rule, to establish
4266     proficiency in the profession;
4267          (6) has passed the profession specific jurisprudence examination if required of a new
4268     applicant; and
4269          (7) is of good [moral character and] professional standing, and has no disciplinary
4270     action pending or in effect against the applicant's license in any jurisdiction.
4271          Section 69. Section 58-60-117 is amended to read:
4272          58-60-117. Externship licenses.
4273          (1) The division shall issue a temporary license under Part 2, Social Worker Licensing
4274     Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health

4275     Counselor Licensing Act, of this chapter to a person who:
4276          (a) submits an application for licensure under Part 2, Social Worker Licensing Act,
4277     Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
4278     Counselor Licensing Act;
4279          (b) pays a fee determined by the department under Section 63J-1-504;
4280          (c) holds an earned doctoral degree or master's degree in a discipline that is a
4281     prerequisite for practice as a mental health therapist;
4282          (d) has a deficiency, as defined by division rule, in course work;
4283          (e) provides mental health therapy as an employee of a public or private organization,
4284     which provides mental health therapy, while under the supervision of a person licensed under
4285     this chapter; and
4286          (f) [is of good moral character and] has no disciplinary action pending or in effect
4287     against the applicant in connection with the practice of mental health therapy, in any
4288     jurisdiction.
4289          (2) A temporary license issued under this section shall expire upon the earlier of:
4290          (a) issuance of the license applied for; or
4291          (b) unless the deadline is extended for good cause as determined by the division, three
4292     years from the date the temporary license was issued.
4293          (3) The temporary license issued under this section is an externship license.
4294          Section 70. Section 58-60-205 is amended to read:
4295          58-60-205. Qualifications for licensure or certification as a clinical social worker,
4296     certified social worker, and social service worker.
4297          (1) An applicant for licensure as a clinical social worker shall:
4298          (a) submit an application on a form provided by the division;
4299          (b) pay a fee determined by the department under Section 63J-1-504;
4300          [(c) be of good moral character;]
4301          [(d)] (c) produce certified transcripts from an accredited institution of higher education
4302     recognized by the division in collaboration with the board verifying satisfactory completion of
4303     an education and an earned degree as follows:
4304          (i) a master's degree in a social work program accredited by the Council on Social
4305     Work Education or by the Canadian Association of Schools of Social Work; or

4306          (ii) a doctoral degree that contains a clinical social work concentration and practicum
4307     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4308     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
4309          [(e)] (d) have completed a minimum of 4,000 hours of clinical social work training as
4310     defined by division rule under Section 58-1-203:
4311          (i) in not less than two years;
4312          (ii) under the supervision of a supervisor approved by the division in collaboration with
4313     the board who is a:
4314          (A) clinical mental health counselor;
4315          (B) psychiatrist;
4316          (C) psychologist;
4317          (D) registered psychiatric mental health nurse practitioner;
4318          (E) marriage and family therapist; or
4319          (F) clinical social worker; and
4320          (iii) including a minimum of two hours of training in suicide prevention via a course
4321     that the division designates as approved;
4322          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
4323     training in mental health therapy obtained after completion of the education requirement in
4324     Subsection [(1)(d)] (1)(c), which training may be included as part of the 4,000 hours of training
4325     in Subsection [(1)(e)] (1)(d), and of which documented evidence demonstrates not less than
4326     100 of the hours were obtained under the direct supervision, as defined by rule, of a supervisor
4327     described in Subsection [(1)(e)(ii)] (1)(d)(ii);
4328          [(g)] (f) have completed a case work, group work, or family treatment course sequence
4329     with a clinical practicum in content as defined by rule under Section 58-1-203; and
4330          [(h)] (g) pass the examination requirement established by rule under Section 58-1-203.
4331          (2) An applicant for licensure as a certified social worker shall:
4332          (a) submit an application on a form provided by the division;
4333          (b) pay a fee determined by the department under Section 63J-1-504;
4334          [(c) be of good moral character;]
4335          [(d)] (c) produce certified transcripts from an accredited institution of higher education
4336     recognized by the division in collaboration with the board verifying satisfactory completion of

4337     an education and an earned degree as follows:
4338          (i) a master's degree in a social work program accredited by the Council on Social
4339     Work Education or by the Canadian Association of Schools of Social Work; or
4340          (ii) a doctoral degree that contains a clinical social work concentration and practicum
4341     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4342     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
4343          [(e)] (d) pass the examination requirement established by rule under Section 58-1-203.
4344          (3) (a) An applicant for certification as a certified social worker intern shall meet the
4345     requirements of Subsections (2)(a), (b), [(c), and (d)] and (c).
4346          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
4347     examination required under Subsection [(2)(e)] (2)(d) or six months, whichever occurs first.
4348          (c) A certified social worker intern may provide mental health therapy under the
4349     general supervision, as defined by rule, of a supervisor described in Subsection [(1)(e)(ii)]
4350     (1)(d)(ii).
4351          (4) An applicant for licensure as a social service worker shall:
4352          (a) submit an application on a form provided by the division;
4353          (b) pay a fee determined by the department under Section 63J-1-504;
4354          [(c) be of good moral character;]
4355          [(d)] (c) produce certified transcripts from an accredited institution of higher education
4356     recognized by the division in collaboration with the board verifying satisfactory completion of
4357     an education and an earned degree as follows:
4358          (i) a bachelor's degree in a social work program accredited by the Council on Social
4359     Work Education or by the Canadian Association of Schools of Social Work;
4360          (ii) a master's degree in a field approved by the division in collaboration with the
4361     board;
4362          (iii) a bachelor's degree in any field if the applicant:
4363          (A) has completed at least three semester hours, or the equivalent, in each of the
4364     following areas:
4365          (I) social welfare policy;
4366          (II) human growth and development; and
4367          (III) social work practice methods, as defined by rule; and

4368          (B) provides documentation that the applicant has completed at least 2,000 hours of
4369     qualifying experience under the supervision of a mental health therapist, which experience is
4370     approved by the division in collaboration with the board, and which is performed after
4371     completion of the requirements to obtain the bachelor's degree required under this Subsection
4372     (4); or
4373          (iv) successful completion of the first academic year of a Council on Social Work
4374     Education approved master's of social work curriculum and practicum; and
4375          [(e)] (d) pass the examination requirement established by rule under Section 58-1-203.
4376          (5) The division shall ensure that the rules for an examination described under
4377     Subsections [(1)(h), (2)(e), and (4)(e)] (1)(g), (2)(d), and (4)(d) allow additional time to
4378     complete the examination if requested by an applicant who is:
4379          (a) a foreign born legal resident of the United States for whom English is a second
4380     language; or
4381          (b) an enrolled member of a federally recognized Native American tribe.
4382          Section 71. Section 58-60-207 is amended to read:
4383          58-60-207. Scope of practice -- Limitations.
4384          (1) (a) A clinical social worker may engage in all acts and practices defined as the
4385     practice of clinical social work without supervision, in private and independent practice, or as
4386     an employee of another person, limited only by the licensee's education, training, and
4387     competence.
4388          (b) A clinical social worker may not supervise more than six individuals who are
4389     lawfully engaged in training for the practice of mental health therapy, unless granted an
4390     exception in writing from the division in collaboration with the board.
4391          (2) To the extent an individual is professionally prepared by the education and training
4392     track completed while earning a master's or doctor of social work degree, a licensed certified
4393     social worker may engage in all acts and practices defined as the practice of certified social
4394     work consistent with the licensee's education, clinical training, experience, and competence:
4395          (a) under supervision of an individual described in Subsection 58-60-205(1)[(e)](d)(ii)
4396     and as an employee of another person when engaged in the practice of mental health therapy;
4397          (b) without supervision and in private and independent practice or as an employee of
4398     another person, if not engaged in the practice of mental health therapy;

4399          (c) including engaging in the private, independent, unsupervised practice of social
4400     work as a self-employed individual, in partnership with other mental health therapists, as a
4401     professional corporation, or in any other capacity or business entity, so long as he does not
4402     practice unsupervised psychotherapy; and
4403          (d) supervising social service workers as provided by division rule.
4404          Section 72. Section 58-60-305 is amended to read:
4405          58-60-305. Qualifications for licensure.
4406          (1) All applicants for licensure as marriage and family therapists shall:
4407          (a) submit an application on a form provided by the division;
4408          (b) pay a fee determined by the department under Section 63J-1-504;
4409          [(c) be of good moral character;]
4410          [(d)] (c) produce certified transcripts evidencing completion of a masters or doctorate
4411     degree in marriage and family therapy from:
4412          (i) a program accredited by the Commission on Accreditation for Marriage and Family
4413     Therapy Education; or
4414          (ii) an accredited institution meeting criteria for approval established by rule under
4415     Section 58-1-203;
4416          [(e)] (d) have completed a minimum of 4,000 hours of marriage and family therapy
4417     training as defined by division rule under Section 58-1-203:
4418          (i) in not less than two years;
4419          (ii) under the supervision of a mental health therapist supervisor who meets the
4420     requirements of Section 58-60-307;
4421          (iii) obtained after completion of the education requirement in Subsection [(1)(d)]
4422     (1)(c); and
4423          (iv) including a minimum of two hours of training in suicide prevention via a course
4424     that the division designates as approved;
4425          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
4426     training in mental health therapy obtained after completion of the education requirement
4427     described in Subsection [(1)(d)(i) or (1)(d)(ii)] (1)(c)(i) or (1)(c)(ii), which training may be
4428     included as part of the 4,000 hours of training described in Subsection [(1)(e)] (1)(d), and of
4429     which documented evidence demonstrates not less than 100 of the supervised hours were

4430     obtained during direct, personal supervision, as defined by rule, by a mental health therapist
4431     supervisor qualified under Section 58-60-307; and
4432          [(g)] (f) pass the examination requirement established by division rule under Section
4433     58-1-203.
4434          (2) (a) All applicants for licensure as an associate marriage and family therapist shall
4435     comply with the provisions of Subsections [(1)(a), (b), (c), and (d)] (1)(a), (b), and (c).
4436          (b) An individual's license as an associate marriage and family therapist is limited to
4437     the period of time necessary to complete clinical training as described in Subsections [(1)(e)
4438     and (f)] (1)(d) and (e) and extends not more than one year from the date the minimum
4439     requirement for training is completed, unless the individual presents satisfactory evidence to
4440     the division and the appropriate board that the individual is making reasonable progress toward
4441     passing of the qualifying examination for that profession or is otherwise on a course reasonably
4442     expected to lead to licensure, but the period of time under this Subsection (2)(b) may not
4443     exceed two years past the date the minimum supervised clinical training requirement has been
4444     completed.
4445          Section 73. Section 58-60-305.5 is amended to read:
4446          58-60-305.5. Qualification for licensure before May 1, 2000.
4447          (1) A person who was licensed under this chapter as of May 1, 2000, may apply for
4448     renewal of licensure without being required to fulfill the educational requirements described in
4449     Subsection 58-60-305(1)[(d)](c).
4450          (2) A person who seeks licensure under this chapter before July 1, 2002, need comply
4451     only with the licensure requirements in effect before May 1, 2000.
4452          Section 74. Section 58-60-308 is amended to read:
4453          58-60-308. Scope of practice -- Limitations.
4454          (1) A licensed marriage and family therapist may engage in all acts and practices
4455     defined as the practice of marriage and family therapy without supervision, in private and
4456     independent practice, or as an employee of another person, limited only by the licensee's
4457     education, training, and competence.
4458          (2) (a) To the extent an individual has completed the educational requirements of
4459     Subsection 58-60-305(1)[(d)](c), a licensed associate marriage and family therapist may engage
4460     in all acts and practices defined as the practice of marriage and family therapy if the practice is:

4461          (i) within the scope of employment as a licensed associate marriage and family
4462     therapist with a public agency or a private clinic as defined by division rule; and
4463          (ii) under the supervision of a licensed mental health therapist who is qualified as a
4464     supervisor under Section 58-60-307.
4465          (b) A licensed associate marriage and family therapist may not engage in the
4466     independent practice of marriage and family therapy.
4467          Section 75. Section 58-60-405 is amended to read:
4468          58-60-405. Qualifications for licensure.
4469          (1) An applicant for licensure as a clinical mental health counselor shall:
4470          (a) submit an application on a form provided by the division;
4471          (b) pay a fee determined by the department under Section 63J-1-504;
4472          [(c) be of good moral character;]
4473          [(d)] (c) produce certified transcripts from an accredited institution of higher education
4474     recognized by the division in collaboration with the board verifying satisfactory completion of:
4475          (i) an education and degree in an education program in counseling with a core
4476     curriculum defined by division rule under Section 58-1-203 preparing one to competently
4477     engage in mental health therapy; and
4478          (ii) an earned doctoral or master's degree resulting from that education program;
4479          [(e)] (d) have completed a minimum of 4,000 hours of clinical mental health counselor
4480     training as defined by division rule under Section 58-1-203:
4481          (i) in not less than two years;
4482          (ii) under the supervision of a clinical mental health counselor, psychiatrist,
4483     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
4484     marriage and family therapist supervisor approved by the division in collaboration with the
4485     board;
4486          (iii) obtained after completion of the education requirement in Subsection (1)[(d)](c);
4487     and
4488          (iv) including a minimum of two hours of training in suicide prevention via a course
4489     that the division designates as approved;
4490          [(f)] (e) document successful completion of not less than 1,000 hours of supervised
4491     training in mental health therapy obtained after completion of the education requirement in

4492     Subsection [(1)(d)] (1)(c), which training may be included as part of the 4,000 hours of training
4493     in Subsection [(1)(e)] (1)(d), and of which documented evidence demonstrates not less than
4494     100 of the hours were obtained under the direct supervision of a mental health therapist, as
4495     defined by rule; and
4496          [(g)] (f) pass the examination requirement established by division rule under Section
4497     58-1-203.
4498          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
4499     comply with the provisions of Subsections [(1)(a), (b), (c), and (d)] (1)(a), (b), and (c).
4500          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
4501     associate clinical mental health counselor is limited to the period of time necessary to complete
4502     clinical training as described in Subsections [(1)(e) and (f)] (1)(d) and (e) and extends not more
4503     than one year from the date the minimum requirement for training is completed.
4504          (c) The time period under Subsection (2)(b) may be extended to a maximum of two
4505     years past the date the minimum supervised clinical training requirement has been completed,
4506     if the applicant presents satisfactory evidence to the division and the appropriate board that the
4507     individual is:
4508          (i) making reasonable progress toward passing of the qualifying examination for that
4509     profession; or
4510          (ii) otherwise on a course reasonably expected to lead to licensure.
4511          Section 76. Section 58-60-407 is amended to read:
4512          58-60-407. Scope of practice -- Limitations.
4513          (1) (a) A licensed clinical mental health counselor may engage in all acts and practices
4514     defined as the practice of clinical mental health counseling without supervision, in private and
4515     independent practice, or as an employee of another person, limited only by the licensee's
4516     education, training, and competence.
4517          (b) A licensed clinical mental health counselor may not supervise more than six
4518     individuals who are lawfully engaged in training for the practice of mental health therapy,
4519     unless granted an exception in writing from the division in collaboration with the board.
4520          (2) (a) To the extent an individual has completed the educational requirements of
4521     Subsection 58-60-305(1)[(d)](c), a licensed associate clinical mental health counselor may
4522     engage in all acts and practices defined as the practice of clinical mental health counseling if

4523     the practice is:
4524          (i) within the scope of employment as a licensed clinical mental health counselor with
4525     a public agency or private clinic as defined by division rule; and
4526          (ii) under supervision of a qualified licensed mental health therapist as defined in
4527     Section 58-60-102.
4528          (b) A licensed associate clinical mental health counselor may not engage in the
4529     independent practice of clinical mental health counseling.
4530          Section 77. Section 58-60-506 is amended to read:
4531          58-60-506. Qualifications for licensure.
4532          (1) An applicant for licensure under this part on and after July 1, 2012, must meet the
4533     following qualifications:
4534          (a) submit an application in a form prescribed by the division;
4535          (b) pay a fee determined by the department under Section 63J-1-504;
4536          [(c) be of good moral character;]
4537          [(d)] (c) satisfy the requirements of Subsection (2), (3), (4), (5), (6), or (7) respectively;
4538     and
4539          [(e)] (d) except for licensure as a certified substance use disorder counselor intern and a
4540     certified advanced substance use disorder counselor intern, satisfy the examination requirement
4541     established by division rule under Section 58-1-203.
4542          (2) In accordance with division rules, an applicant for licensure as an advanced
4543     substance use disorder counselor shall produce:
4544          (a) certified transcripts from an accredited institution of higher education that:
4545          (i) meet division standards;
4546          (ii) verify the satisfactory completion of a baccalaureate or graduate degree; and
4547          (iii) verify the completion of prerequisite courses established by division rules;
4548          (b) documentation of the applicant's completion of a substance use disorder education
4549     program that includes:
4550          (i) at least 300 hours of substance use disorder related education, of which 200 hours
4551     may have been obtained while qualifying for a substance use disorder counselor license; and
4552          (ii) a supervised practicum of at least 350 hours, of which 200 hours may have been
4553     obtained while qualifying for a substance use disorder counselor license; and

4554          (c) documentation of the applicant's completion of at least 4,000 hours of supervised
4555     experience in substance use disorder treatment, of which 2,000 hours may have been obtained
4556     while qualifying for a substance use disorder counselor license, that:
4557          (i) meets division standards; and
4558          (ii) is performed within a four-year period after the applicant's completion of the
4559     substance use disorder education program described in Subsection (2)(b), unless, as determined
4560     by the division after consultation with the board, the time for performance is extended due to
4561     an extenuating circumstance.
4562          (3) An applicant for licensure as a certified advanced substance use disorder counselor
4563     shall meet the requirements in Subsections (2)(a) and (b).
4564          (4) (a) An applicant for licensure as a certified advanced substance use disorder
4565     counselor intern shall meet the requirements in Subsections (2)(a) and (b).
4566          (b) A certified advanced substance use disorder counselor intern license expires at the
4567     earlier of:
4568          (i) the licensee passing the examination required for licensure as a certified advanced
4569     substance use disorder counselor; or
4570          (ii) six months after the certified advanced substance use disorder counselor intern
4571     license is issued.
4572          (5) In accordance with division rules, an applicant for licensure as a substance use
4573     disorder counselor shall produce:
4574          (a) certified transcripts from an accredited institution that:
4575          (i) meet division standards;
4576          (ii) verify satisfactory completion of an associate's degree or equivalent as defined by
4577     the division in rule; and
4578          (iii) verify the completion of prerequisite courses established by division rules;
4579          (b) documentation of the applicant's completion of a substance use disorder education
4580     program that includes:
4581          (i) completion of at least 200 hours of substance use disorder related education;
4582          (ii) included in the 200 hours described in Subsection (5)(b)(i), a minimum of two
4583     hours of training in suicide prevention via a course that the division designates as approved;
4584     and

4585          (iii) completion of a supervised practicum of at least 200 hours; and
4586          (c) documentation of the applicant's completion of at least 2,000 hours of supervised
4587     experience in substance use disorder treatment that:
4588          (i) meets division standards; and
4589          (ii) is performed within a two-year period after the applicant's completion of the
4590     substance use disorder education program described in Subsection (5)(b), unless, as determined
4591     by the division after consultation with the board, the time for performance is extended due to
4592     an extenuating circumstance.
4593          (6) An applicant for licensure as a certified substance use disorder counselor shall meet
4594     the requirements of Subsections (5)(a) and (b).
4595          (7) (a) An applicant for licensure as a certified substance use disorder counselor intern
4596     shall meet the requirements of Subsections (5)(a) and (b).
4597          (b) A certified substance use disorder counselor intern license expires at the earlier of:
4598          (i) the licensee passing the examination required for licensure as a certified substance
4599     use disorder counselor; or
4600          (ii) six months after the certified substance use disorder counselor intern license is
4601     issued.
4602          Section 78. Section 58-61-304 is amended to read:
4603          58-61-304. Qualifications for licensure by examination or endorsement.
4604          (1) An applicant for licensure as a psychologist based upon education, clinical training,
4605     and examination shall:
4606          (a) submit an application on a form provided by the division;
4607          (b) pay a fee determined by the department under Section 63J-1-504;
4608          [(c) be of good moral character;]
4609          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
4610     doctoral degree in psychology that includes specific core course work established by division
4611     rule under Section 58-1-203, from an institution of higher education whose doctoral program,
4612     at the time the applicant received the doctoral degree, met approval criteria established by
4613     division rule made in consultation with the board;
4614          [(e)] (d) have completed a minimum of 4,000 hours of psychology training as defined
4615     by division rule under Section 58-1-203 in not less than two years and under the supervision of

4616     a psychologist supervisor approved by the division in collaboration with the board;
4617          [(f)] (e) to be qualified to engage in mental health therapy, document successful
4618     completion of not less than 1,000 hours of supervised training in mental health therapy
4619     obtained after completion of a master's level of education in psychology, which training may be
4620     included as part of the 4,000 hours of training required in Subsection (1)[(e)](d), and for which
4621     documented evidence demonstrates not less than one hour of supervision for each 40 hours of
4622     supervised training was obtained under the direct supervision of a psychologist, as defined by
4623     rule;
4624          [(g)] (f) pass the examination requirement established by division rule under Section
4625     58-1-203; [and]
4626          (g) consent to a criminal background check in accordance with Section 58-61-304.1
4627     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
4628     Administrative Rulemaking Act; and
4629          (h) meet with the board, upon request for good cause, for the purpose of evaluating the
4630     applicant's qualifications for licensure.
4631          (2) An applicant for licensure as a psychologist by endorsement based upon licensure
4632     in another jurisdiction shall:
4633          (a) submit an application on a form provided by the division;
4634          (b) pay a fee determined by the department under Section 63J-1-504;
4635          (c) [be of good moral character and professional standing, and] not have any
4636     disciplinary action pending or in effect against the applicant's psychologist license in any
4637     jurisdiction;
4638          (d) have passed the Utah Psychologist Law and Ethics Examination established by
4639     division rule;
4640          (e) provide satisfactory evidence the applicant is currently licensed in another state,
4641     district, or territory of the United States, or in any other jurisdiction approved by the division in
4642     collaboration with the board;
4643          (f) provide satisfactory evidence the applicant has actively practiced psychology in that
4644     jurisdiction for not less than 2,000 hours or one year, whichever is greater;
4645          (g) provide satisfactory evidence that:
4646          (i) the education, supervised experience, examination, and all other requirements for

4647     licensure in that jurisdiction at the time the applicant obtained licensure were substantially
4648     equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
4649     obtained licensure in the other jurisdiction; or
4650          (ii) the applicant is:
4651          (A) a current holder of Board Certified Specialist status in good standing from the
4652     American Board of Professional Psychology;
4653          (B) currently credentialed as a health service provider in psychology by the National
4654     Register of Health Service Providers in Psychology; or
4655          (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
4656     Association of State and Provincial Psychology Boards; [and]
4657          (h) consent to a criminal background check in accordance with Section 58-61-304.1
4658     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
4659     Administrative Rulemaking Act; and
4660          [(h)] (i) meet with the board, upon request for good cause, for the purpose of
4661     evaluating the applicant's qualifications for licensure.
4662          (3) (a) An applicant for certification as a psychology resident shall comply with the
4663     provisions of Subsections (1)(a), (b), (c), [(d)] (g), and (h).
4664          (b) (i) An individual's certification as a psychology resident is limited to the period of
4665     time necessary to complete clinical training as described in Subsections [(1)(e) and (f)] (1)(d)
4666     and (e) and extends not more than one year from the date the minimum requirement for
4667     training is completed, unless the individual presents satisfactory evidence to the division and
4668     the Psychologist Licensing Board that the individual is making reasonable progress toward
4669     passing the qualifying examination or is otherwise on a course reasonably expected to lead to
4670     licensure as a psychologist.
4671          (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
4672     date the minimum supervised clinical training requirement has been completed.
4673          Section 79. Section 58-61-304.1 is enacted to read:
4674          58-61-304.1. Criminal background check.
4675          (1) An applicant for licensure under this chapter who requires a criminal background
4676     check shall:
4677          (a) submit fingerprint cards in a form acceptable to the division at the time the license

4678     application is filed; and
4679          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
4680     Identification and the Federal Bureau of Investigation regarding the application.
4681          (2) The division shall:
4682          (a) in addition to other fees authorized by this chapter, collect from each applicant
4683     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
4684     Identification is authorized to collect for the services provided under Section 53-10-108 and the
4685     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
4686     obtaining federal criminal history record information;
4687          (b) submit from each applicant the fingerprint card and the fees described in
4688     Subsection (2)(a) to the Bureau of Criminal Identification; and
4689          (c) obtain and retain in division records a signed waiver approved by the Bureau of
4690     Criminal Identification in accordance with Section 53-10-108 for each applicant.
4691          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
4692     Section 53-10-108:
4693          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
4694     and regional criminal records databases;
4695          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
4696     criminal history background check; and
4697          (c) provide the results from the state, regional, and nationwide criminal history
4698     background checks to the division.
4699          (4) For purposes of conducting a criminal background check required under this
4700     section, the division shall have direct access to criminal background information maintained
4701     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
4702          (5) The division may not disseminate outside of the division any criminal history
4703     record information that the division obtains from the Bureau of Criminal Identification or the
4704     Federal Bureau of Investigation under the criminal background check requirements of this
4705     section.
4706          Section 80. Section 58-61-501 is amended to read:
4707          58-61-501. Unlawful conduct.
4708          As used in this chapter, "unlawful conduct" includes:

4709          (1) practice of psychology unless licensed as a psychologist or certified psychology
4710     resident under this chapter or exempted from licensure under this title;
4711          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
4712     documented to the division his completion of the supervised training in psychotherapy required
4713     under Subsection 58-61-304(1)[(f)](e); or
4714          (3) representing oneself as or using the title of psychologist, or certified psychology
4715     resident unless currently licensed under this chapter.
4716          Section 81. Section 58-61-704 is amended to read:
4717          58-61-704. Term of license or registration.
4718          (1) (a) The division shall issue each license under this part with a two-year renewal
4719     cycle established by division rule.
4720          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
4721     to stagger the renewal cycles it administers.
4722          (2) At the time of renewal, the licensed individual shall show satisfactory evidence of
4723     renewal requirements as required under this part.
4724          (3) Each license or registration expires on the expiration date shown on the license
4725     unless renewed by the licensed individual in accordance with Section 58-1-308.
4726          (4) (a) A registration as a registered behavior specialist or a registered assistant
4727     behavior specialist:
4728          (i) expires on the day the individual is no longer employed in accordance with
4729     Subsection [58-61-705(5)(e) or (6)(e)] 58-61-705(5)(d) or (5)(e); and
4730          (ii) may not be renewed.
4731          (b) The Department of Human Services, or an organization contracted with a division
4732     of the Department of Human Services, shall notify the Division of Occupational and
4733     Professional Licensing when a person registered under this part is no longer employed as a
4734     registered behavior specialist or a registered assistant behavior specialist.
4735          Section 82. Section 58-61-705 is amended to read:
4736          58-61-705. Qualifications for licensure -- By examination -- By certification.
4737          (1) An applicant for licensure as a behavior analyst based upon education, supervised
4738     experience, and national examination shall:
4739          (a) submit an application on a form provided by the division;

4740          (b) pay a fee determined by the department under Section 63J-1-504;
4741          [(c) be of good moral character;]
4742          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
4743     master's or doctoral degree in applied behavior analysis from an accredited institution of higher
4744     education or an equivalent master or doctorate degree as determined by the division by
4745     administrative rule;
4746          [(e)] (d) as defined by the division by administrative rule, have completed at least
4747     1,500 hours of experiential behavior analysis training within a five year period of time with a
4748     qualified supervisor; and
4749          [(f)] (e) pass the examination requirement established by division rule under Section
4750     58-1-203.
4751          (2) An applicant for licensure as a behavior analyst based upon certification shall:
4752          (a) without exception, on or before November 15, 2015, submit to the division an
4753     application on a form provided by the division;
4754          (b) pay a fee determined by the department under Section 63J-1-504; and
4755          [(c) be of good moral character; and]
4756          [(d)] (c) provide official verification of current certification as a board certified
4757     behavior analyst from the Behavior Analyst Certification Board.
4758          (3) An applicant for licensure as an assistant behavior analyst based upon education,
4759     supervised experience, and national examination shall:
4760          (a) submit an application on a form provided by the division;
4761          (b) pay a fee determined by the department under Section 63J-1-504;
4762          [(c) be of good moral character;]
4763          [(d)] (c) produce certified transcripts of credit verifying satisfactory completion of a
4764     bachelor's degree from an accredited institution of higher education and satisfactory completion
4765     of specific core course work in behavior analysis established under Section 58-1-203 from an
4766     accredited institution of higher education;
4767          [(e)] (d) as defined by the division by administrative rule, have completed at least
4768     1,000 hours of experiential behavior analysis training within a five-year period of time with a
4769     qualified supervisor; and
4770          [(f)] (e) pass the examination requirement established by division rule under Section

4771     58-1-203.
4772          (4) An applicant for licensure as an assistant behavior analyst based upon certification
4773     shall:
4774          (a) without exception, on or before November 15, 2015, submit to the division an
4775     application on a form provided by the division;
4776          (b) pay a fee determined by the department under Section 63J-1-504; and
4777          [(c) be of good moral character; and]
4778          [(d)] (c) provide official verification of current certification as a board certified
4779     assistant behavior analyst from the Behavior Analyst Certification Board.
4780          (5) An applicant for registration as a behavior specialist based upon professional
4781     experience in behavior analysis shall:
4782          (a) without exception, on or before November 15, 2015, submit to the division, an
4783     application on a form provided by the division;
4784          (b) pay a fee determined by the department under Section 63J-1-504;
4785          [(c) be of good moral character;]
4786          [(d)] (c) have at least five years of experience as a professional engaged in the practice
4787     of behavior analysis on or before May 15, 2015; and
4788          [(e)] (d) be employed as a professional engaging in the practice of behavior analysis
4789     within an organization contracted with a division of the Utah Department of Human Services to
4790     provide behavior analysis on or before July 1, 2015.
4791          (6) An applicant for registration as an assistant behavior specialist based upon
4792     professional experience in behavior analysis shall:
4793          (a) without exception, on or before November 15, 2015, submit to the division, an
4794     application on a form provided by the division;
4795          (b) pay a fee determined by the department under Section 63J-1-504;
4796          [(c) be of good moral character;]
4797          [(d)] (c) have at least one year of experience as a professional engaging in the practice
4798     of behavior analysis prior to July 1, 2015; and
4799          [(e)] (d) be employed as a professional engaging in the practice of behavior analysis
4800     within an organization contracted with a division of the Utah Department of Human Services to
4801     provide behavior analysis on or before July 1, 2015.

4802          Section 83. Section 58-63-302 is amended to read:
4803          58-63-302. Qualifications for licensure.
4804          (1) Each applicant for licensure as an armored car company or a contract security
4805     company shall:
4806          (a) submit an application in a form prescribed by the division;
4807          (b) pay a fee determined by the department under Section 63J-1-504;
4808          (c) have a qualifying agent who:
4809          (i) shall meet with the division and the board and demonstrate that the applicant and
4810     the qualifying agent meet the requirements of this section;
4811          (ii) is a resident of the state and is a corporate officer or owner of the applicant;
4812          (iii) exercises material day-to-day authority in the conduct of the applicant's business
4813     by making substantive technical and administrative decisions and whose primary employment
4814     is with the applicant;
4815          (iv) is not concurrently acting as a qualifying agent or employee of another armored car
4816     company or contract security company and is not engaged in any other employment on a
4817     regular basis;
4818          (v) is not involved in any activity that would conflict with the qualifying agent's duties
4819     and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
4820     performance under this chapter does not jeopardize the health or safety of the general public;
4821          (vi) is not an employee of a government agency;
4822          (vii) passes an examination component established by rule by the division in
4823     collaboration with the board; and
4824          (viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
4825     supervisor, or administrator of an armored car company or a contract security company; or
4826          (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
4827     collaboration with the board with a federal, United States military, state, county, or municipal
4828     law enforcement agency;
4829          (d) if a corporation, provide:
4830          (i) the names, addresses, dates of birth, and social security numbers of all corporate
4831     officers, directors, and those responsible management personnel employed within the state or
4832     having direct responsibility for managing operations of the applicant within the state; and

4833          (ii) the names, addresses, dates of birth, and social security numbers, of all
4834     shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
4835     the division if the stock is publicly listed and traded;
4836          (e) if a limited liability company, provide:
4837          (i) the names, addresses, dates of birth, and social security numbers of all company
4838     officers, and those responsible management personnel employed within the state or having
4839     direct responsibility for managing operations of the applicant within the state; and
4840          (ii) the names, addresses, dates of birth, and social security numbers of all individuals
4841     owning 5% or more of the equity of the company;
4842          (f) if a partnership, provide the names, addresses, dates of birth, and social security
4843     numbers of all general partners, and those responsible management personnel employed within
4844     the state or having direct responsibility for managing operations of the applicant within the
4845     state;
4846          (g) if a proprietorship, provide the names, addresses, dates of birth, and social security
4847     numbers of the proprietor, and those responsible management personnel employed within the
4848     state or having direct responsibility for managing operations of the applicant within the state;
4849          (h) have good moral character in that officers, directors, shareholders described in
4850     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
4851     been convicted of:
4852          (i) a felony;
4853          (ii) a misdemeanor involving moral turpitude; or
4854          (iii) a crime that when considered with the duties and responsibilities of a contract
4855     security company or an armored car company by the division and the board indicates that the
4856     best interests of the public are not served by granting the applicant a license;
4857          (i) document that none of the applicant's officers, directors, shareholders described in
4858     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
4859          (i) have been declared by a court of competent jurisdiction incompetent by reason of
4860     mental defect or disease and not been restored; and
4861          (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
4862          (j) file and maintain with the division evidence of:
4863          (i) comprehensive general liability insurance in a form and in amounts established by

4864     rule by the division in collaboration with the board;
4865          (ii) workers' compensation insurance that covers employees of the applicant in
4866     accordance with applicable Utah law;
4867          (iii) registration with the Division of Corporations and Commercial Code; and
4868          (iv) registration as required by applicable law with the:
4869          (A) Unemployment Insurance Division in the Department of Workforce Services, for
4870     purposes of Title 35A, Chapter 4, Employment Security Act;
4871          (B) State Tax Commission; and
4872          (C) Internal Revenue Service; and
4873          (k) meet with the division and board if requested by the division or board.
4874          (2) Each applicant for licensure as an armed private security officer shall:
4875          (a) submit an application in a form prescribed by the division;
4876          (b) pay a fee determined by the department under Section 63J-1-504;
4877          (c) have good moral character in that the applicant has not been convicted of:
4878          (i) a felony;
4879          (ii) a misdemeanor involving moral turpitude; or
4880          (iii) a crime that when considered with the duties and responsibilities of an armed
4881     private security officer by the division and the board indicates that the best interests of the
4882     public are not served by granting the applicant a license;
4883          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
4884     922(g);
4885          (e) not have been declared incompetent by a court of competent jurisdiction by reason
4886     of mental defect or disease and not been restored;
4887          (f) not be currently suffering from habitual drunkenness or from drug addiction or
4888     dependence;
4889          (g) successfully complete basic education and training requirements established by rule
4890     by the division in collaboration with the board, which shall include a minimum of eight hours
4891     of classroom or online curriculum;
4892          (h) successfully complete firearms training requirements established by rule by the
4893     division in collaboration with the board, which shall include a minimum of 12 hours of
4894     training;

4895          (i) pass the examination requirement established by rule by the division in
4896     collaboration with the board; and
4897          (j) meet with the division and board if requested by the division or the board.
4898          (3) Each applicant for licensure as an unarmed private security officer shall:
4899          (a) submit an application in a form prescribed by the division;
4900          (b) pay a fee determined by the department under Section 63J-1-504;
4901          (c) have good moral character in that the applicant has not been convicted of:
4902          (i) a felony;
4903          (ii) a misdemeanor involving moral turpitude; or
4904          (iii) a crime that when considered with the duties and responsibilities of an unarmed
4905     private security officer by the division and the board indicates that the best interests of the
4906     public are not served by granting the applicant a license;
4907          (d) not have been declared incompetent by a court of competent jurisdiction by reason
4908     of mental defect or disease and not been restored;
4909          (e) not be currently suffering from habitual drunkenness or from drug addiction or
4910     dependence;
4911          (f) successfully complete basic education and training requirements established by rule
4912     by the division in collaboration with the board, which shall include a minimum of eight hours
4913     of classroom or online curriculum;
4914          (g) pass the examination requirement established by rule by the division in
4915     collaboration with the board; and
4916          (h) meet with the division and board if requested by the division or board.
4917          (4) Each applicant for licensure as an armored car security officer shall:
4918          (a) submit an application in a form prescribed by the division;
4919          (b) pay a fee determined by the department under Section 63J-1-504;
4920          (c) have good moral character in that the applicant has not been convicted of:
4921          (i) a felony;
4922          (ii) a misdemeanor involving moral turpitude; or
4923          (iii) a crime that when considered with the duties and responsibilities of an armored car
4924     security officer by the division and the board indicates that the best interests of the public are
4925     not served by granting the applicant a license;

4926          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
4927     922(g);
4928          (e) not have been declared incompetent by a court of competent jurisdiction by reason
4929     of mental defect or disease and not been restored;
4930          (f) not be currently suffering from habitual drunkenness or from drug addiction or
4931     dependence;
4932          (g) successfully complete basic education and training requirements established by rule
4933     by the division in collaboration with the board;
4934          (h) successfully complete firearms training requirements established by rule by the
4935     division in collaboration with the board;
4936          (i) pass the examination requirements established by rule by the division in
4937     collaboration with the board; and
4938          (j) meet with the division and board if requested by the division or the board.
4939          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4940     division may make a rule establishing when the division shall request a Federal Bureau of
4941     Investigation records' review for an applicant who is applying for licensure or licensure renewal
4942     under this chapter.
4943          (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
4944     (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
4945     cards to the Department of Public Safety with the division's request to:
4946          (a) conduct a search of records of the Department of Public Safety for criminal history
4947     information relating to each applicant for licensure under this chapter and each applicant's
4948     officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
4949     responsible management personnel; and
4950          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
4951     requiring a check of records of the FBI for criminal history information under this section.
4952          (7) The Department of Public Safety shall send the division:
4953          (a) a written record of criminal history, or certification of no criminal history record, as
4954     contained in the records of the Department of Public Safety in a timely manner after receipt of
4955     a fingerprint card from the division and a request for review of Department of Public Safety
4956     records; and

4957          (b) the results of the FBI review concerning an applicant in a timely manner after
4958     receipt of information from the FBI.
4959          (8) (a) The division shall charge each applicant a fee, in accordance with Section
4960     63J-1-504, equal to the cost of performing the records reviews under this section.
4961          (b) The division shall pay the Department of Public Safety the costs of all records
4962     reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
4963     under this chapter.
4964          (9) The division shall use or disseminate the information it obtains from the reviews of
4965     criminal history records of the Department of Public Safety and the FBI only to determine if an
4966     applicant for licensure or licensure renewal under this chapter is qualified for licensure.
4967          Section 84. Section 58-63-306 is amended to read:
4968          58-63-306. Replacement of qualifying agent.
4969          If the qualifying agent of an armored car company or a contract security company
4970     ceases to perform the agent's duties on a regular basis, the licensee shall:
4971          (1) notify the division in writing within 15 days [by registered or certified mail]; and
4972          (2) replace the qualifying agent within 60 days after the time required for notification
4973     to the division.
4974          Section 85. Section 58-64-302 is amended to read:
4975          58-64-302. Qualifications for licensure.
4976          (1) Each applicant for licensure as a deception detection examiner:
4977          (a) shall submit an application in a form prescribed by the division;
4978          (b) shall pay a fee determined by the department under Section 63J-1-504;
4979          (c) [shall be of good moral character in that the applicant has not] may not have been
4980     convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [which]
4981     that when considered with the duties and responsibilities of a deception detection examiner is
4982     considered by the division and the board to indicate that the best interests of the public will not
4983     be served by granting the applicant a license;
4984          (d) may not have been declared by any court of competent jurisdiction incompetent by
4985     reason of mental defect or disease and not been restored;
4986          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
4987     dependence;

4988          (f) shall have completed one of the following:
4989          (i) have earned a bachelor's degree from a four year university or college meeting
4990     standards established by the division by rule in collaboration with the board;
4991          (ii) have completed not less than 8,000 hours of investigation experience approved by
4992     the division in collaboration with the board; or
4993          (iii) have completed a combination of university or college education and investigation
4994     experience, as defined by rule by the division in collaboration with the board as being
4995     equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
4996          (g) shall have successfully completed a training program in detection deception
4997     meeting criteria established by rule by the division in collaboration with the board; and
4998          (h) shall have performed satisfactorily as a licensed deception detection intern for a
4999     period of not less than one year and shall have satisfactorily conducted not less than 100
5000     deception detection examinations under the supervision of a licensed deception detection
5001     examiner.
5002          (2) Each applicant for licensure as a deception detection intern:
5003          (a) shall submit an application in a form prescribed by the division;
5004          (b) shall pay a fee determined by the department under Section 63J-1-504;
5005          (c) [shall be of good moral character in that the applicant has not] may not have been
5006     convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [which]
5007     that when considered with the duties and responsibilities of a deception detection intern is
5008     considered by the division and the board to indicate that the best interests of the public will not
5009     be served by granting the applicant a license;
5010          (d) may not have been declared by any court of competent jurisdiction incompetent by
5011     reason of mental defect or disease and not been restored;
5012          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5013     dependence;
5014          (f) shall have completed one of the following:
5015          (i) have earned a bachelor's degree from a four year university or college meeting
5016     standards established by the division by rule in collaboration with the board;
5017          (ii) have completed not less than 8,000 hours of investigation experience approved by
5018     the division in collaboration with the board; or

5019          (iii) have completed a combination of university or college education and investigation
5020     experience, as defined by rule by the division in collaboration with the board as being
5021     equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
5022          (g) shall have successfully completed a training program in detection deception
5023     meeting criteria established by rule by the division in collaboration with the board; and
5024          (h) shall provide the division with an intern supervision agreement in a form prescribed
5025     by the division under which:
5026          (i) a licensed deception detection examiner agrees to supervise the intern; and
5027          (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
5028          (3) Each applicant for licensure as a deception detection examination administrator:
5029          (a) shall submit an application in a form prescribed by the division;
5030          (b) shall pay a fee determined by the department under Section 63J-1-504;
5031          (c) [shall be of good moral character in that the applicant has not] may not have been
5032     convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
5033     considered with the duties and responsibilities of a deception detection examination
5034     administrator is considered by the division and the board to indicate that the best interests of
5035     the public will not be served by granting the applicant a license;
5036          (d) may not have been declared by a court of competent jurisdiction incompetent by
5037     reason of mental defect or disease and not been restored;
5038          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5039     dependence;
5040          (f) shall have earned an associate degree from a state-accredited university or college or
5041     have an equivalent number of years' work experience; and
5042          (g) shall have successfully completed a training program and have obtained
5043     certification in deception detection examination administration provided by the manufacturer
5044     of a scientific or technology-based software application solution that is approved by the
5045     director.
5046          (4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
5047     (3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
5048     Department of Public Safety with the division's request to:
5049          (a) conduct a search of records of the Department of Public Safety for criminal history

5050     information relating to each applicant for licensure under this chapter; and
5051          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5052     requiring a check of records of the F.B.I. for criminal history information under this section.
5053          (5) The Department of Public Safety shall send to the division:
5054          (a) a written record of criminal history, or certification of no criminal history record, as
5055     contained in the records of the Department of Public Safety in a timely manner after receipt of
5056     a fingerprint card from the division and a request for review of Department of Public Safety
5057     records; and
5058          (b) the results of the F.B.I. review concerning an applicant in a timely manner after
5059     receipt of information from the F.B.I.
5060          (6) (a) The division shall charge each applicant a fee, in accordance with Section
5061     63J-1-504, equal to the cost of performing the records reviews under this section.
5062          (b) The division shall pay the Department of Public Safety the costs of all records
5063     reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
5064     under this chapter.
5065          (7) Information obtained by the division from the reviews of criminal history records of
5066     the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
5067     only for the purpose of determining if an applicant for licensure under this chapter is qualified
5068     for licensure.
5069          Section 86. Section 58-67-302 is amended to read:
5070          58-67-302. Qualifications for licensure.
5071          (1) An applicant for licensure as a physician and surgeon, except as set forth in
5072     Subsection (2), shall:
5073          (a) submit an application in a form prescribed by the division, which may include:
5074          (i) submissions by the applicant of information maintained by practitioner data banks,
5075     as designated by division rule, with respect to the applicant;
5076          (ii) a record of professional liability claims made against the applicant and settlements
5077     paid by or on behalf of the applicant; and
5078          (iii) authorization to use a record coordination and verification service approved by the
5079     division in collaboration with the board;
5080          (b) pay a fee determined by the department under Section 63J-1-504;

5081          [(c) be of good moral character;]
5082          [(d)] (c) if the applicant is applying to participate in the Interstate Medical Licensure
5083     Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
5084     background check in accordance with Section 58-67-302.1 and any requirements established by
5085     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5086          [(e)] (d) provide satisfactory documentation of having successfully completed a
5087     program of professional education preparing an individual as a physician and surgeon, as
5088     evidenced by:
5089          (i) having received an earned degree of doctor of medicine from an LCME accredited
5090     medical school or college; or
5091          (ii) if the applicant graduated from a medical school or college located outside the
5092     United States or its territories, submitting a current certification by the Educational
5093     Commission for Foreign Medical Graduates or any successor organization approved by the
5094     division in collaboration with the board;
5095          [(f)] (e) satisfy the division and board that the applicant:
5096          (i) has successfully completed 24 months of progressive resident training in a program
5097     approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
5098     Family Physicians of Canada, or any similar body in the United States or Canada approved by
5099     the division in collaboration with the board; or
5100          (ii) (A) has successfully completed 12 months of resident training in an ACGME
5101     approved program after receiving a degree of doctor of medicine as required under Subsection
5102     (1)[(e)](d);
5103          (B) has been accepted in and is successfully participating in progressive resident
5104     training in an ACGME approved program within Utah, in the applicant's second or third year
5105     of postgraduate training; and
5106          (C) has agreed to surrender to the division the applicant's license as a physician and
5107     surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
5108     and has agreed the applicant's license as a physician and surgeon will be automatically revoked
5109     by the division if the applicant fails to continue in good standing in an ACGME approved
5110     progressive resident training program within the state;
5111          [(g)] (f) pass the licensing examination sequence required by division rule made in

5112     collaboration with the board;
5113          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
5114     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5115          [(i)] (h) meet with the board and representatives of the division, if requested, for the
5116     purpose of evaluating the applicant's qualifications for licensure;
5117          [(j)] (i) designate:
5118          (i) a contact person for access to medical records in accordance with the federal Health
5119     Insurance Portability and Accountability Act; and
5120          (ii) an alternate contact person for access to medical records, in the event the original
5121     contact person is unable or unwilling to serve as the contact person for access to medical
5122     records; and
5123          [(k)] (j) establish a method for notifying patients of the identity and location of the
5124     contact person and alternate contact person, if the applicant will practice in a location with no
5125     other persons licensed under this chapter.
5126          (2) An applicant for licensure as a physician and surgeon by endorsement who is
5127     currently licensed to practice medicine in any state other than Utah, a district or territory of the
5128     United States, or Canada shall:
5129          (a) be currently licensed with a full unrestricted license in good standing in any state,
5130     district, or territory of the United States, or Canada;
5131          (b) have been actively engaged in the legal practice of medicine in any state, district, or
5132     territory of the United States, or Canada for not less than 6,000 hours during the five years
5133     immediately preceding the date of application for licensure in Utah;
5134          (c) comply with the requirements for licensure under Subsections (1)(a) through [(e)]
5135     (d), (1)[(f)](e)(i), and (1)[(h)](g) through [(k)] (j);
5136          (d) have passed the licensing examination sequence required in Subsection [(1)(f)]
5137     (1)(e) or another medical licensing examination sequence in another state, district or territory of
5138     the United States, or Canada that the division in collaboration with the board by rulemaking
5139     determines is equivalent to its own required examination;
5140          (e) not have any investigation or action pending against any health care license of the
5141     applicant, not have a health care license that was suspended or revoked in any state, district or
5142     territory of the United States, or Canada, and not have surrendered a health care license in lieu

5143     of a disciplinary action, unless:
5144          (i) the license was subsequently reinstated as a full unrestricted license in good
5145     standing; or
5146          (ii) the division in collaboration with the board determines to its satisfaction, after full
5147     disclosure by the applicant, that:
5148          (A) the conduct has been corrected, monitored, and resolved; or
5149          (B) a mitigating circumstance exists that prevents its resolution, and the division in
5150     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
5151     would be reinstated;
5152          (f) submit to a records review, a practice history review, and comprehensive
5153     assessments, if requested by the division in collaboration with the board; and
5154          (g) produce satisfactory evidence that the applicant meets the requirements of this
5155     Subsection (2) to the satisfaction of the division in collaboration with the board.
5156          (3) An applicant for licensure by endorsement may engage in the practice of medicine
5157     under a temporary license while the applicant's application for licensure is being processed by
5158     the division, provided:
5159          (a) the applicant submits a complete application required for temporary licensure to the
5160     division;
5161          (b) the applicant submits a written document to the division from:
5162          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
5163     Licensing and Inspection Act, stating that the applicant is practicing under the:
5164          (A) invitation of the health care facility; and
5165          (B) the general supervision of a physician practicing at the facility; or
5166          (ii) two individuals licensed under this chapter, whose license is in good standing and
5167     who practice in the same clinical location, both stating that:
5168          (A) the applicant is practicing under the invitation and general supervision of the
5169     individual; and
5170          (B) the applicant will practice at the same clinical location as the individual;
5171          (c) the applicant submits a signed certification to the division that the applicant meets
5172     the requirements of Subsection (2);
5173          (d) the applicant does not engage in the practice of medicine until the division has

5174     issued a temporary license;
5175          (e) the temporary license is only issued for and may not be extended or renewed
5176     beyond the duration of one year from issuance; and
5177          (f) the temporary license expires immediately and prior to the expiration of one year
5178     from issuance, upon notification from the division that the applicant's application for licensure
5179     by endorsement is denied.
5180          (4) The division shall issue a temporary license under Subsection (3) within 15
5181     business days after the applicant satisfies the requirements of Subsection (3).
5182          (5) The division may not require the following requirements for licensure:
5183           (a) a post-residency board certification; or
5184          (b) a cognitive test when the physician reaches a specified age, unless:
5185          (i) the screening is based on evidence of cognitive changes associated with aging that
5186     are relevant to physician performance;
5187          (ii) the screening is based on principles of medical ethics;
5188          (iii) physicians are involved in the development of standards for assessing competency;
5189          (iv) guidelines, procedures, and methods of assessment, which may include cognitive
5190     screening, are relevant to physician practice and to the physician's ability to perform the tasks
5191     specifically required in the physician's practice environment;
5192          (v) the primary driver for establishing assessment results is the ethical obligation of the
5193     profession to the health of the public and patient safety;
5194          (vi) the goal of the assessment is to optimize physician competency and performance
5195     through education, remediation, and modifications to a physician's practice environment or
5196     scope;
5197          (vii) a credentialing committee determines that public health or patient safety is
5198     directly threatened, the screening permits a physician to retain the right to modify the
5199     physician's practice environment to allow the physician to continue to provide safe and
5200     effective care;
5201          (viii) guidelines, procedures, and methods of assessment are transparent to physicians
5202     and physicians' representatives, if requested by a physician or a physician's representative, and
5203     physicians are made aware of the specific methods used, performance expectations and
5204     standards against which performance will be judged, and the possible outcomes of the

5205     screening or assessment;
5206          (ix) education or remediation practices that result from screening or assessment
5207     procedures are:
5208          (A) supportive of physician wellness;
5209          (B) ongoing; and
5210          (C) proactive; and
5211          (x) procedures and screening mechanisms that are distinctly different from for cause
5212     assessments do not result in undue cost or burden to senior physicians providing patient care.
5213          Section 87. Section 58-67-302.5 is amended to read:
5214          58-67-302.5. Licensing of graduates of foreign medical schools.
5215          (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
5216     in a medical school outside the United States, its territories, the District of Columbia, or
5217     Canada is eligible for licensure as a physician and surgeon in this state if the individual has
5218     satisfied the following requirements:
5219          (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
5220     58-67-302(1)[(e)](d);
5221          (b) has studied medicine in a medical school located outside the United States which is
5222     recognized by an organization approved by the division;
5223          (c) has completed all of the formal requirements of the foreign medical school except
5224     internship or social service;
5225          (d) has attained a passing score on the educational commission for foreign medical
5226     graduates examination or other qualifying examinations such as the United States Medical
5227     Licensing Exam parts I and II, which are approved by the division or a medical school
5228     approved by the division;
5229          (e) has satisfactorily completed one calendar year of supervised clinical training under
5230     the direction of a United States medical education setting accredited by the liaison committee
5231     for graduate medical education and approved by the division;
5232          (f) has completed the postgraduate hospital training required by Subsection
5233     58-67-302(1)[(f)(i)](e)(i); and
5234          (g) has passed the examination required by the division of all applicants for licensure.
5235          (2) Satisfaction of the requirements of Subsection (1) is in lieu of:

5236          (a) the completion of any foreign internship or social service requirements; and
5237          (b) the certification required by Subsection 58-67-302(1)[(e)](d).
5238          (3) Individuals who satisfy the requirements of Subsections (1)(a) through (g) shall be
5239     eligible for admission to graduate medical education programs within the state, including
5240     internships and residencies, which are accredited by the liaison committee for graduate medical
5241     education.
5242          (4) A document issued by a medical school located outside the United States shall be
5243     considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
5244     physician and surgeon in this state if:
5245          (a) the foreign medical school is recognized by an organization approved by the
5246     division;
5247          (b) the document granted by the foreign medical school is issued after the completion
5248     of all formal requirements of the medical school except internship or social service; and
5249          (c) the foreign medical school certifies that the person to whom the document was
5250     issued has satisfactorily completed the requirements of Subsection (1)(c).
5251          (5) The division may not require as a requirement for licensure a cognitive test when
5252     the physician reaches a specified age, unless the test reflects the standards described in
5253     Subsections 58-67-302(5)(b)(i) through (x).
5254          (6) The provisions for licensure under this section shall be known as the "fifth pathway
5255     program."
5256          Section 88. Section 58-67-302.7 is amended to read:
5257          58-67-302.7. Licensing of physician-educators.
5258          (1) As used in this section:
5259          (a) "Foreign country" means a country other than the United States, its territories, or
5260     Canada.
5261          (b) "Foreign medical school" means a medical school that is outside the United States,
5262     its territories, and Canada.
5263          (2) Notwithstanding any provision of law to the contrary, an individual may receive a
5264     type I foreign teaching license if the individual:
5265          (a) submits an application in a form prescribed by the division, which may include:
5266          (i) submission by the applicant of information maintained in a practitioner data bank,

5267     as designated by division rule, with respect to the applicant;
5268          (ii) a record of professional liability claims made against the applicant and settlements
5269     paid by or on behalf of the applicant; and
5270          (iii) the applicant's curriculum vitae;
5271          (b) is a graduate of a foreign medical school that is accepted for certification by the
5272     Educational Commission for Foreign Medical Graduates;
5273          (c) is licensed in good standing in a foreign country, the United States, its territories, or
5274     Canada;
5275          (d) does not have an investigation or action pending against the physician's healthcare
5276     license, does not have a healthcare license that was suspended or revoked, and has not
5277     surrendered a healthcare license in lieu of disciplinary action, unless:
5278          (i) the license was subsequently reinstated in good standing; or
5279          (ii) the division in collaboration with the board determines to its satisfaction, after full
5280     disclosure by the applicant and full consideration by the division in collaboration with the
5281     board, that:
5282          (A) the conduct has been corrected, monitored, and resolved; or
5283          (B) a mitigating circumstance exists that prevents resolution, and the division in
5284     collaboration with the board is satisfied that but for the mitigating circumstance, the license
5285     would be reinstated;
5286          (e) submits documentation of legal status to work in the United States;
5287          (f) meets at least three of the following qualifications:
5288          (i) (A) published original results of clinical research, within 10 years before the day on
5289     which the application is submitted, in a medical journal listed in the Index Medicus or an
5290     equivalent scholarly publication; and
5291          (B) submits the publication to the Board in English or in a foreign language with a
5292     verifiable, certified English translation;
5293          (ii) held an appointment at a medical school approved by the LCME or at any medical
5294     school listed in the World Health Organization directory at the level of associate or full
5295     professor, or its equivalent, for at least five years;
5296          (iii) (A) developed a treatment modality, surgical technique, or other verified original
5297     contribution to the field of medicine within 10 years before the day on which the application is

5298     submitted; and
5299          (B) has the treatment modality, surgical technique, or other verified original
5300     contribution attested to by the dean of an LCME accredited school of medicine in Utah;
5301          (iv) actively practiced medicine cumulatively for 10 years; or
5302          (v) is board certified in good standing of a board of the American Board of Medical
5303     Specialities or equivalent specialty board;
5304          [(g) is of good moral character;]
5305          [(h)] (g) is able to read, write, speak, understand, and be understood in the English
5306     language and demonstrates proficiency to the satisfaction of the division in collaboration with
5307     the board, if requested;
5308          [(i)] (h) is invited by an LCME accredited medical school in Utah to serve as a
5309     full-time member of the medical school's academic faculty, as evidenced by written
5310     certification from:
5311          (i) the dean of the medical school, stating that the applicant has been appointed to a
5312     full-time faculty position, that because the applicant has unique expertise in a specific field of
5313     medicine the medical school considers the applicant to be a valuable member of the faculty,
5314     and that the applicant is qualified by knowledge, skill, and ability to practice medicine in the
5315     state; and
5316          (ii) the head of the department to which the applicant is to be appointed, stating that the
5317     applicant will be under the direction of the head of the department and will be permitted to
5318     practice medicine only as a necessary part of the applicant's duties, providing detailed evidence
5319     of the applicant's qualifications and competence, including the nature and location of the
5320     applicant's proposed responsibilities, reasons for any limitations of the applicant's practice
5321     responsibilities, and the degree of supervision, if any, under which the applicant will function;
5322          [(j)] (i) pays a licensing fee set by the division under Section 63J-1-504; and
5323          [(k)] (j) has practiced medicine for at least 10 years as an attending physician.
5324          (3) Notwithstanding any provision of law to the contrary, an individual may receive a
5325     type II foreign teaching license if the individual:
5326          (a) satisfies the requirements of Subsections (2)(a) through (e) and (g) through [(j)] (i);
5327          (b) has delivered clinical care to patients cumulatively for five years after graduation
5328     from medical school; and

5329          (c) (i) will be completing a clinical fellowship while employed at the medical school
5330     described in Subsection (2)[(i)](h); or
5331          (ii) has already completed a medical residency accredited by the Royal College of
5332     Physicians and Surgeons of Canada, the United Kingdom, Australia, or New Zealand, or a
5333     comparable accreditation organization as determined by the division in collaboration with the
5334     board.
5335          (4) After an initial term of one year, a type I license may be renewed for periods of two
5336     years if the licensee continues to satisfy the requirements described in Subsection (2) and
5337     completes the division's continuing education renewal requirements established under Section
5338     58-67-303.
5339          (5) A type II license may be renewed on an annual basis, up to four times, if the
5340     licensee continues to satisfy the requirements described in Subsection (3) and completes the
5341     division's continuing education renewal requirements established under Section 58-67-303.
5342          (6) A license issued under this section:
5343          (a) authorizes the licensee to practice medicine:
5344          (i) within the scope of the licensee's employment at the medical school described in
5345     Subsection (2)[(i)](h) and the licensee's academic position; and
5346          (ii) at a hospital or clinic affiliated with the medical school described in Subsection
5347     (2)[(i)](h) for the purpose of teaching, clinical care, or pursuing research;
5348          (b) shall list the limitations described in Subsection (6)(a); and
5349          (c) shall expire on the earlier of:
5350          (i) one year after the day on which the type I or type II license is initially issued, unless
5351     the license is renewed;
5352          (ii) for a type I license, two years after the day on which the license is renewed;
5353          (iii) for a type II license, one year after the day on which the license is renewed; or
5354          (iv) the day on which employment at the medical school described in Subsection
5355     (2)[(i)](h) ends.
5356          (7) A person who holds a type I license for five consecutive years may apply for
5357     licensure as a physician and surgeon in this state and shall be licensed if the individual satisfies
5358     the requirements described in Subsection (8). If the person fails to obtain licensure as a
5359     physician and surgeon in this state, the person may apply for a renewal of the type I license

5360     under Subsection (2).
5361          (8) An individual who holds a type I or type II license for five consecutive years is
5362     eligible for licensure as a physician and surgeon in this state if the individual:
5363          (a) worked an average of at least 40 hours per month at the level of an attending
5364     physician during the time the individual held the type I or type II license;
5365          (b) holds the rank of associate professor or higher at the medical school described in
5366     Subsection (2)[(i)](h);
5367          (c) obtains certification from the Educational Commission for Foreign Medical
5368     Graduates or any successor organization approved by the division in collaboration with the
5369     board;
5370          (d) spent a cumulative 20 hours per year while holding a type I or type II license:
5371          (i) teaching or lecturing to medical students or house staff;
5372          (ii) participating in educational department meetings or conferences that are not
5373     certified to meet the continuing medical education license renewal requirement; or
5374          (iii) attending continuing medical education classes in addition to the requirements for
5375     continuing education described in Subsections (4) and (5);
5376          (e) obtains a passing score on the final step of the licensing examination sequence
5377     required by division rule made in collaboration with the board; and
5378          (f) satisfies the requirements described in Subsections 58-67-302(1)(a) through [(d),
5379     (i), and (j)] (c), (h), and (i).
5380          (9) If a person who holds a type II license fails to obtain licensure as a physician and
5381     surgeon in this state after applying under the procedures described in Subsection (8), the person
5382     may not:
5383          (a) reapply for or renew a type II license; or
5384          (b) apply for a type I license.
5385          (10) The division or the board may require an applicant for licensure under this section
5386     to meet with the board and representatives of the division for the purpose of evaluating the
5387     applicant's qualifications for licensure.
5388          (11) The division in collaboration with the board may withdraw a license under this
5389     section at any time for material misrepresentation or unlawful or unprofessional conduct.
5390          Section 89. Section 58-67-302.8 is amended to read:

5391          58-67-302.8. Restricted licensing of an associate physician.
5392          (1) An individual may apply for a restricted license as an associate physician if the
5393     individual:
5394          (a) meets the requirements described in Subsections 58-67-302(1)(a) through [(d),
5395     (1)(e)(i), and (1)(h) through (k)] (c), (1)(d)(i), and (1)(g) through (j);
5396          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
5397     Examination or the equivalent steps of another board-approved medical licensing examination:
5398          (i) within three years after the day on which the applicant graduates from a program
5399     described in Subsection 58-67-302[(1)(e)(i)] (1)(d)(i); and
5400          (ii) within two years before applying for a restricted license as an associate physician;
5401     and
5402          (c) is not currently enrolled in and has not completed a residency program.
5403          (2) Before a licensed associate physician may engage in the practice of medicine as
5404     described in Subsection (3), the licensed associate physician shall:
5405          (a) enter into a collaborative practice arrangement described in Section 58-67-807
5406     within six months after the associate physician's initial licensure; and
5407          (b) receive division approval of the collaborative practice arrangement.
5408          (3) An associate physician's scope of practice is limited to primary care services to
5409     medically underserved populations or in medically underserved areas within the state.
5410          Section 90. Section 58-67-304 is amended to read:
5411          58-67-304. License renewal requirements.
5412          (1) As a condition precedent for license renewal, each licensee shall, during each
5413     two-year licensure cycle or other cycle defined by division rule:
5414          (a) complete qualified continuing professional education requirements in accordance
5415     with the number of hours and standards defined by division rule made in collaboration with the
5416     board;
5417          (b) appoint a contact person for access to medical records and an alternate contact
5418     person for access to medical records in accordance with Subsection 58-67-302(1)[(j)](i);
5419          (c) if the licensee practices medicine in a location with no other persons licensed under
5420     this chapter, provide some method of notice to the licensee's patients of the identity and
5421     location of the contact person and alternate contact person for the licensee; and

5422          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
5423     successfully complete the educational methods and programs described in Subsection
5424     58-67-807(4).
5425          (2) If a renewal period is extended or shortened under Section 58-67-303, the
5426     continuing education hours required for license renewal under this section are increased or
5427     decreased proportionally.
5428          (3) An application to renew a license under this chapter shall:
5429          (a) require a physician to answer the following question: "Do you perform elective
5430     abortions in Utah in a location other than a hospital?"; and
5431          (b) immediately following the question, contain the following statement: "For purposes
5432     of the immediately preceding question, elective abortion means an abortion other than one of
5433     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5434     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5435     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5436     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5437     the woman is pregnant as a result of rape or incest."
5438          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5439     to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
5440     Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
5441     division shall, within 30 days after the day on which it renews the physician's license under this
5442     chapter, inform the Department of Health in writing:
5443          (a) of the name and business address of the physician; and
5444          (b) that the physician responded positively to the question described in Subsection
5445     (3)(a).
5446          (5) The division shall accept and apply toward the hour requirement in Subsection
5447     (1)(a) any continuing education that a physician completes in accordance with Sections
5448     26-61a-106, 26-61a-403, and 26-61a-602.
5449          Section 91. Section 58-67-403 is amended to read:
5450          58-67-403. Revocation of license -- Nondisciplinary.
5451          Revocation by the division of a license under Subsection 58-67-302(1)[(f)](e) for
5452     failure to continue on a resident training program for reasons other than unprofessional or

5453     unlawful conduct is a nondisciplinary action and may not be reported by the division as a
5454     disciplinary action against the licensee.
5455          Section 92. Section 58-68-302 is amended to read:
5456          58-68-302. Qualifications for licensure.
5457          (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
5458     forth in Subsection (2), shall:
5459          (a) submit an application in a form prescribed by the division, which may include:
5460          (i) submissions by the applicant of information maintained by practitioner data banks,
5461     as designated by division rule, with respect to the applicant;
5462          (ii) a record of professional liability claims made against the applicant and settlements
5463     paid by or on behalf of the applicant; and
5464          (iii) authorization to use a record coordination and verification service approved by the
5465     division in collaboration with the board;
5466          (b) pay a fee determined by the department under Section 63J-1-504;
5467          [(c) be of good moral character;]
5468          [(d)] (c) if the applicant is applying to participate in the Interstate Medical Licensure
5469     Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
5470     background check in accordance with Section 58-68-302.1 and any requirements established by
5471     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5472          [(e)] (d) provide satisfactory documentation of having successfully completed a
5473     program of professional education preparing an individual as an osteopathic physician and
5474     surgeon, as evidenced by:
5475          (i) having received an earned degree of doctor of osteopathic medicine from an AOA
5476     approved medical school or college; or
5477          (ii) submitting a current certification by the Educational Commission for Foreign
5478     Medical Graduates or any successor organization approved by the division in collaboration
5479     with the board, if the applicant is graduated from an osteopathic medical school or college
5480     located outside of the United States or its territories which at the time of the applicant's
5481     graduation, met criteria for accreditation by the AOA;
5482          [(f)] (e) satisfy the division and board that the applicant:
5483          (i) has successfully completed 24 months of progressive resident training in an

5484     ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
5485     required under Subsection (1)[(e)](d); or
5486          (ii) (A) has successfully completed 12 months of resident training in an ACGME or
5487     AOA approved program after receiving a degree of doctor of osteopathic medicine as required
5488     under Subsection (1)[(e)](d);
5489          (B) has been accepted in and is successfully participating in progressive resident
5490     training in an ACGME or AOA approved program within Utah, in the applicant's second or
5491     third year of postgraduate training; and
5492          (C) has agreed to surrender to the division the applicant's license as an osteopathic
5493     physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
5494     Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
5495     will be automatically revoked by the division if the applicant fails to continue in good standing
5496     in an ACGME or AOA approved progressive resident training program within the state;
5497          [(g)] (f) pass the licensing examination sequence required by division rule, as made in
5498     collaboration with the board;
5499          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
5500     language and demonstrate proficiency to the satisfaction of the board, if requested by the board;
5501          [(i)] (h) meet with the board and representatives of the division, if requested for the
5502     purpose of evaluating the applicant's qualifications for licensure;
5503          [(j)] (i) designate:
5504          (i) a contact person for access to medical records in accordance with the federal Health
5505     Insurance Portability and Accountability Act; and
5506          (ii) an alternate contact person for access to medical records, in the event the original
5507     contact person is unable or unwilling to serve as the contact person for access to medical
5508     records; and
5509          [(k)] (j) establish a method for notifying patients of the identity and location of the
5510     contact person and alternate contact person, if the applicant will practice in a location with no
5511     other persons licensed under this chapter.
5512          (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
5513     who is currently licensed to practice osteopathic medicine in any state other than Utah, a
5514     district or territory of the United States, or Canada shall:

5515          (a) be currently licensed with a full unrestricted license in good standing in any state,
5516     district or territory of the United States, or Canada;
5517          (b) have been actively engaged in the legal practice of osteopathic medicine in any
5518     state, district or territory of the United States, or Canada for not less than 6,000 hours during
5519     the five years immediately preceding the day on which the applicant applied for licensure in
5520     Utah;
5521          (c) comply with the requirements for licensure under Subsections (1)(a) through [(e),
5522     (1)(f)(i), and (1)(h) through (k)] (d), (1)(e)(i), and (1)(g) through (j);
5523          (d) have passed the licensing examination sequence required in Subsection (1)[(g)](f)
5524     or another medical licensing examination sequence in another state, district or territory of the
5525     United States, or Canada that the division in collaboration with the board by rulemaking
5526     determines is equivalent to its own required examination;
5527          (e) not have any investigation or action pending against any health care license of the
5528     applicant, not have a health care license that was suspended or revoked in any state, district or
5529     territory of the United States, or Canada, and not have surrendered a health care license in lieu
5530     of a disciplinary action, unless:
5531          (i) the license was subsequently reinstated as a full unrestricted license in good
5532     standing; or
5533          (ii) the division in collaboration with the board determines, after full disclosure by the
5534     applicant, that:
5535          (A) the conduct has been corrected, monitored, and resolved; or
5536          (B) a mitigating circumstance exists that prevents its resolution, and the division in
5537     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
5538     would be reinstated;
5539          (f) submit to a records review, a practice review history, and physical and
5540     psychological assessments, if requested by the division in collaboration with the board; and
5541          (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
5542     the satisfaction of the division in collaboration with the board.
5543          (3) An applicant for licensure by endorsement may engage in the practice of medicine
5544     under a temporary license while the applicant's application for licensure is being processed by
5545     the division, provided:

5546          (a) the applicant submits a complete application required for temporary licensure to the
5547     division;
5548          (b) the applicant submits a written document to the division from:
5549          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
5550     Licensing and Inspection Act, stating that the applicant is practicing under the:
5551          (A) invitation of the health care facility; and
5552          (B) the general supervision of a physician practicing at the health care facility; or
5553          (ii) two individuals licensed under this chapter, whose license is in good standing and
5554     who practice in the same clinical location, both stating that:
5555          (A) the applicant is practicing under the invitation and general supervision of the
5556     individual; and
5557          (B) the applicant will practice at the same clinical location as the individual;
5558          (c) the applicant submits a signed certification to the division that the applicant meets
5559     the requirements of Subsection (2);
5560          (d) the applicant does not engage in the practice of medicine until the division has
5561     issued a temporary license;
5562          (e) the temporary license is only issued for and may not be extended or renewed
5563     beyond the duration of one year from issuance; and
5564          (f) the temporary license expires immediately and prior to the expiration of one year
5565     from issuance, upon notification from the division that the applicant's application for licensure
5566     by endorsement is denied.
5567          (4) The division shall issue a temporary license under Subsection (3) within 15
5568     business days after the applicant satisfies the requirements of Subsection (3).
5569          (5) The division may not require a:
5570          (a) post-residency board certification[.]; or
5571          (b) a cognitive test when the physician reaches a specified age, unless the test reflects
5572     the standards described in Subsections 58-67-302(5)(b)(i) through (x).
5573          Section 93. Section 58-68-302.5 is amended to read:
5574          58-68-302.5. Restricted licensing of an associate physician.
5575          (1) An individual may apply for a restricted license as an associate physician if the
5576     individual:

5577          (a) meets the requirements described in Subsections 58-68-302(1)(a) through [(d),
5578     (1)(e)(i), and (1)(h) through (k)] (c), (1)(d)(i), and (1)(g) through (j);
5579          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
5580     Examination or the equivalent steps of another board-approved medical licensing examination:
5581          (i) within three years after the day on which the applicant graduates from a program
5582     described in Subsection 58-68-302(1)[(e)(i)](d)(i); and
5583          (ii) within two years before applying for a restricted license as an associate physician;
5584     and
5585          (c) is not currently enrolled in and has not completed a residency program.
5586          (2) Before a licensed associate physician may engage in the practice of medicine as
5587     described in Subsection (3), the licensed associate physician shall:
5588          (a) enter into a collaborative practice arrangement described in Section 58-68-807
5589     within six months after the associate physician's initial licensure; and
5590          (b) receive division approval of the collaborative practice arrangement.
5591          (3) An associate physician's scope of practice is limited to primary care services to
5592     medically underserved populations or in medically underserved areas within the state.
5593          Section 94. Section 58-68-304 is amended to read:
5594          58-68-304. License renewal requirements.
5595          (1) As a condition precedent for license renewal, each licensee shall, during each
5596     two-year licensure cycle or other cycle defined by division rule:
5597          (a) complete qualified continuing professional education requirements in accordance
5598     with the number of hours and standards defined by division rule in collaboration with the
5599     board;
5600          (b) appoint a contact person for access to medical records and an alternate contact
5601     person for access to medical records in accordance with Subsection 58-68-302(1)[(j)](i);
5602          (c) if the licensee practices osteopathic medicine in a location with no other persons
5603     licensed under this chapter, provide some method of notice to the licensee's patients of the
5604     identity and location of the contact person and alternate contact person for access to medical
5605     records for the licensee in accordance with Subsection 58-68-302(1)[(k)](j); and
5606          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
5607     successfully complete the educational methods and programs described in Subsection

5608     58-68-807(4).
5609          (2) If a renewal period is extended or shortened under Section 58-68-303, the
5610     continuing education hours required for license renewal under this section are increased or
5611     decreased proportionally.
5612          (3) An application to renew a license under this chapter shall:
5613          (a) require a physician to answer the following question: "Do you perform elective
5614     abortions in Utah in a location other than a hospital?"; and
5615          (b) immediately following the question, contain the following statement: "For purposes
5616     of the immediately preceding question, elective abortion means an abortion other than one of
5617     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5618     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5619     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5620     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5621     the woman is pregnant as a result of rape or incest."
5622          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5623     to the licensing of an abortion clinic, if a physician responds positively to the question
5624     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
5625     renews the physician's license under this chapter, inform the Department of Health in writing:
5626          (a) of the name and business address of the physician; and
5627          (b) that the physician responded positively to the question described in Subsection
5628     (3)(a).
5629          (5) The division shall accept and apply toward the hour requirement in Subsection
5630     (1)(a) any continuing education that a physician completes in accordance with Sections
5631     26-61a-106, 26-61a-403, and 26-61a-602.
5632          Section 95. Section 58-68-403 is amended to read:
5633          58-68-403. Revocation of license -- Nondisciplinary.
5634          Revocation by the division of a license under Subsection 58-68-302(1)[(f)](e) for
5635     failure to continue on a resident training program for reasons other than unprofessional or
5636     unlawful conduct is a nondisciplinary action and may not be reported by the division as a
5637     disciplinary action against the licensee.
5638          Section 96. Section 58-69-302 is amended to read:

5639          58-69-302. Qualifications -- Licensure as a dentist -- Licensure as a dental
5640     hygienist.
5641          (1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall:
5642          (a) submit an application in a form as prescribed by the division;
5643          (b) pay a fee as determined by the department under Section 63J-1-504;
5644          [(c) be of good moral character;]
5645          [(d)] (c) provide satisfactory documentation of having successfully completed a
5646     program of professional education preparing an individual as a dentist as evidenced by having
5647     received an earned doctor's degree in dentistry from a dental school accredited by the
5648     Commission on Dental Accreditation of the American Dental Association;
5649          [(e)] (d) pass the National Board Dental Examinations as administered by the Joint
5650     Commission on National Dental Examinations of the American Dental Association;
5651          [(f)] (e) pass any regional dental clinical licensure examination approved by division
5652     rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
5653     Administrative Rulemaking Act;
5654          [(g)] (f) pass any other examinations regarding applicable law, rules, or ethics as
5655     established by division rule made in collaboration with the board and in accordance with Title
5656     63G, Chapter 3, Utah Administrative Rulemaking Act;
5657          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
5658     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5659     and
5660          [(i)] (h) meet with the board if requested by the board or division for the purpose of
5661     examining the applicant's qualifications for licensure.
5662          (2) An applicant for licensure as a dentist qualifying under the endorsement provision
5663     of Section 58-1-302 shall:
5664          (a) be currently licensed in good standing with an unrestricted license in another
5665     jurisdiction described in Section 58-1-302;
5666          (b) document having met all requirements for licensure under Subsection (1) except
5667     Subsection [(1)(d)] (1)(c); and
5668          (c) document having been successfully engaged in clinical practice as a dentist for not
5669     less than 6,000 hours in the five years immediately preceding the date of application for

5670     licensure.
5671          (3) An applicant for licensure as a dental hygienist, except as set forth in Subsection
5672     (4), shall:
5673          (a) submit an application in a form as prescribed by the division;
5674          (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
5675          [(c) be of good moral character;]
5676          [(d)] (c) be a graduate holding a certificate or degree in dental hygiene from a school
5677     accredited by the Commission on Dental Accreditation of the American Dental Association;
5678          [(e)] (d) pass the National Board Dental Hygiene Examination as administered by the
5679     Joint Commission on National Dental Examinations of the American Dental Association;
5680          [(f)] (e) pass an examination consisting of practical demonstrations in the practice of
5681     dental hygiene and written or oral examination in the theory and practice of dental hygiene as
5682     established by division rule made in collaboration with the board;
5683          [(g)] (f) pass any other examinations regarding applicable law, rules, and ethics as
5684     established by rule by division rule made in collaboration with the board;
5685          [(h)] (g) be able to read, write, speak, understand, and be understood in the English
5686     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5687     and
5688          [(i)] (h) meet with the board if requested by the board or division for the purpose of
5689     examining the applicant's qualifications for licensure.
5690          (4) An applicant for licensure as a dental hygienist qualifying under the endorsement
5691     provision of Section 58-1-302 shall:
5692          (a) be currently licensed in another jurisdiction set forth in Section 58-1-302;
5693          (b) (i) document having met all requirements for licensure under Subsection (3) except,
5694     an applicant having received licensure in another state or jurisdiction prior to 1962, the year
5695     when the National Board Dental Hygiene Examinations were first administered, shall
5696     document having passed a state administered examination acceptable to the division in
5697     collaboration with the board; or
5698          (ii) document having obtained licensure in another state or jurisdiction upon which
5699     licensure by endorsement is based by meeting requirements which were equal to licensure
5700     requirements in Utah at the time the applicant obtained licensure in the other state or

5701     jurisdiction; and
5702          (c) document having been successfully engaged in practice as a dental hygienist for not
5703     less than 2,000 hours in the two years immediately preceding the date of application for
5704     licensure.
5705          Section 97. Section 58-70a-302 is amended to read:
5706          58-70a-302. Qualifications for licensure.
5707          Each applicant for licensure as a physician assistant shall:
5708          (1) submit an application in a form prescribed by the division;
5709          (2) pay a fee determined by the department under Section 63J-1-504;
5710          [(3) be of good moral character;]
5711          [(4)] (3) have successfully completed a physician assistant program accredited by the:
5712          (a) Accreditation Review Commission on Education for the Physician Assistant; or
5713          (b) if prior to January 1, 2001, either the:
5714          (i) Committee on Accreditation of Allied Health Education Programs; or
5715          (ii) Committee on Allied Health Education and Accreditation;
5716          [(5)] (4) have passed the licensing examinations required by division rule made in
5717     collaboration with the board;
5718          [(6)] (5) meet with the board and representatives of the division, if requested, for the
5719     purpose of evaluating the applicant's qualifications for licensure; and
5720          [(7)] (6) (a) if the applicant desires to practice in Utah, complete a form provided by
5721     the division indicating:
5722          (i) the applicant has completed a delegation of services agreement signed by the
5723     physician assistant and the supervising physician; and
5724          (ii) the agreement is on file at the Utah practice sites; or
5725          (b) complete a form provided by the division indicating the applicant is not practicing
5726     in Utah and, prior to practicing in Utah, the applicant will meet the requirements of Subsection
5727     [(7)] (6)(a).
5728          Section 98. Section 58-70a-306 is amended to read:
5729          58-70a-306. Temporary license.
5730          (1) An applicant for licensure as a physician assistant who has met all qualifications for
5731     licensure except passing an examination component as required in Section 58-70a-302, may

5732     apply for and be granted a temporary license to practice under Subsection (2).
5733          (2) (a) The applicant shall submit to the division evidence of completion of a physician
5734     assistant program as defined in Subsection 58-70a-302[(4)](3).
5735          (b) (i) The temporary license shall be issued for a period not to exceed 120 days to
5736     allow the applicant to pass the Physician Assistant National Certifying Examination.
5737          (ii) The temporary license may not be renewed or extended.
5738          (c) A physician assistant holding a temporary license may work only under the direct
5739     supervision of an approved supervising or substitute supervising physician in accordance with
5740     a delegation of services agreement, and all patient charts shall be reviewed and countersigned
5741     by the supervising or substitute supervising physician.
5742          Section 99. Section 58-71-302 is amended to read:
5743          58-71-302. Qualifications for licensure.
5744          (1) An applicant for licensure as a naturopathic physician, except as set forth in
5745     Subsection (2), shall:
5746          (a) submit an application in a form prescribed by the division, which may include:
5747          (i) submissions by the applicant of information maintained by practitioner data banks,
5748     as designated by division rule, with respect to the applicant; and
5749          (ii) a record of professional liability claims made against the applicant and settlements
5750     paid by or in behalf of the applicant;
5751          (b) pay a fee determined by the department under Section 63J-1-504;
5752          [(c) be of good moral character;]
5753          [(d)] (c) provide satisfactory documentation of having successfully completed a
5754     program of professional education preparing an individual as a naturopathic physician, as
5755     evidenced by having received an earned degree of doctor of naturopathic medicine from:
5756          (i) a naturopathic medical school or college accredited by the Council of Naturopathic
5757     Medical Education or its successor organization approved by the division;
5758          (ii) a naturopathic medical school or college that is a candidate for accreditation by the
5759     Council of Naturopathic Medical Education or its successor organization, and is approved by
5760     the division in collaboration with the board, upon a finding there is reasonable expectation the
5761     school or college will be accredited; or
5762          (iii) a naturopathic medical school or college which, at the time of the applicant's

5763     graduation, met current criteria for accreditation by the Council of Naturopathic Medical
5764     Education or its successor organization approved by the division;
5765          [(e)] (d) provide satisfactory documentation of having successfully completed, after
5766     successful completion of the education requirements set forth in Subsection [(1)(d)] (1)(c), 12
5767     months of clinical experience in naturopathic medicine in a residency program recognized by
5768     the division and associated with an accredited school or college of naturopathic medicine, and
5769     under the preceptorship of a licensed naturopathic physician, physician and surgeon, or
5770     osteopathic physician;
5771          [(f)] (e) pass the licensing examination sequence required by division rule established
5772     in collaboration with the board;
5773          [(g)] (f) be able to read, write, speak, understand, and be understood in the English
5774     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5775     and
5776          [(h)] (g) meet with the board and representatives of the division, if requested, for the
5777     purpose of evaluating the applicant's qualifications for licensure.
5778          (2) (a) In accordance with Subsection (2)(b), an applicant for licensure as a
5779     naturopathic physician under the endorsement provision of Section 58-1-302 shall:
5780          (i) meet the requirements of Section 58-1-302;
5781          (ii) document having met all requirements for licensure under Subsection (1) except
5782     the clinical experience requirement of Subsection [(1)(e)] (1)(d);
5783          (iii) have passed the examination requirements established under Subsection [(1)(f)
5784     which] (1)(e) that:
5785          (A) the applicant has not passed in connection with licensure in another state or
5786     jurisdiction; and
5787          (B) are available to the applicant to take without requiring additional professional
5788     education;
5789          (iv) have been actively engaged in the practice of a naturopathic physician for not less
5790     than 6,000 hours during the five years immediately preceding the date of application for
5791     licensure in Utah; and
5792          (v) meet with the board and representatives of the division for the purpose of
5793     evaluating the applicant's qualifications for licensure.

5794          (b) The division may rely, either wholly or in part, on one or more credentialing
5795     associations designated by division rule, made in collaboration with the board, to document
5796     and certify in writing to the satisfaction of the division that an applicant has met each of the
5797     requirements of this Subsection (2), including the requirements of Section 58-1-302 that:
5798          (i) the applicant holds a current license;
5799          (ii) the education, experience, and examination requirements of the foreign country or
5800     the state, district, or territory of the United States that issued the applicant's license are, or were
5801     at the time the license was issued, equal to those of this state for licensure as a naturopathic
5802     physician; and
5803          (iii) the applicant has produced evidence satisfactory to the division of the applicant's
5804     qualifications, identity, and good standing as a naturopathic physician.
5805          Section 100. Section 58-72-302 is amended to read:
5806          58-72-302. Qualifications for licensure.
5807          An applicant for licensure as a licensed acupuncturist shall:
5808          (1) submit an application in a form prescribed by the division;
5809          (2) pay a fee determined by the department under Section 63J-1-504;
5810          [(3) be of good moral character;]
5811          [(4)] (3) meet the requirements for current active certification in acupuncture under
5812     guidelines established by the National Commission for the Certification of Acupuncture and
5813     Oriental Medicine (NCCAOM) as demonstrated through a current certificate or other
5814     appropriate documentation;
5815          [(5)] (4) pass the examination required by the division by rule;
5816          [(6)] (5) establish procedures, as defined by rule, which shall enable patients to give
5817     informed consent to treatment; and
5818          [(7)] (6) meet with the board, if requested, for the purpose of evaluating the applicant's
5819     qualifications for licensure.
5820          Section 101. Section 58-73-302 is amended to read:
5821          58-73-302. Qualifications for licensure.
5822          (1) Each applicant for licensure as a chiropractic physician, other than those applying
5823     for a license based on licensure as a chiropractor or chiropractic physician in another
5824     jurisdiction, shall:

5825          (a) submit an application in a form prescribed by the division;
5826          (b) pay a fee determined by the department under Section 63J-1-504;
5827          [(c) be of good moral character;]
5828          [(d)] (c) demonstrate satisfactory completion of at least two years of general study in a
5829     college or university;
5830          [(e)] (d) demonstrate having earned a degree of doctor of chiropractic from a
5831     chiropractic college or university that at the time the degree was conferred was accredited by
5832     the Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting body
5833     recognized by the United States Department of Education and by the division rule made in
5834     collaboration with the board;
5835          [(f)] (e) demonstrate successful completion of:
5836          (i) the National Chiropractic Boards:
5837          (A) Parts I and II;
5838          (B) Written Clinical Competency Examination; and
5839          (C) Physical Therapy;
5840          (ii) the Utah Chiropractic Law and Rules Examination; and
5841          (iii) a practical examination approved by the division in collaboration with the board;
5842     and
5843          [(g)] (f) meet with the board, if requested, for the purpose of reviewing the applicant's
5844     qualifications for licensure.
5845          (2) Each applicant for licensure as a chiropractic physician based on licensure as a
5846     chiropractor or chiropractic physician in another jurisdiction shall:
5847          (a) submit an application in the form prescribed by the division;
5848          (b) pay a fee determined by the department under Section 63J-1-504;
5849          [(c) be of good moral character;]
5850          [(d)] (c) demonstrate having obtained licensure as a chiropractor or chiropractic
5851     physician in another state under education requirements which were equivalent to the education
5852     requirements in this state to obtain a chiropractor or chiropractic physician license at the time
5853     the applicant obtained the license in the other state;
5854          [(e)] (d) demonstrate successful completion of:
5855          (i) the Utah Chiropractic Law and Rules Examination; and

5856          (ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
5857     of Chiropractic Examiners;
5858          [(f)] (e) have been actively engaged in the practice of chiropractic for not less than two
5859     years immediately preceding application for licensure in this state; and
5860          [(g)] (f) meet with the board, if requested, for the purpose of reviewing the applicant's
5861     qualifications for licensure.
5862          Section 102. Section 58-74-102 is amended to read:
5863          58-74-102. Definitions.
5864          In addition to the definitions in Section 58-1-102, as used in this chapter:
5865          (1) "Practice of court reporting" means the making of a verbatim record, by
5866     stenography or voice writing, of any trial, legislative public hearing, state agency public
5867     hearing, deposition, examination before trial, hearing or proceeding before any grand jury,
5868     referee, board, commission, master or arbitrator, or other sworn testimony given under oath.
5869          (2) "State certified court reporter" means a person who engages in the practice of court
5870     reporting and has met the requirements for state certification as a state certified court reporter.
5871          (3) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
5872     and 58-74-501.
5873          (4) "Unprofessional conduct" means the same as that term is defined in [Section]
5874     Sections 58-1-501 and 58-74-502 and as may be further defined by rule.
5875          Section 103. Section 58-74-302 is amended to read:
5876          58-74-302. Qualifications for state certification.
5877          (1) Each applicant for state certification as a state certified court reporter under this
5878     chapter shall:
5879          (a) be at least 18 years of age;
5880          (b) be a citizen of the United States and a resident of the state;
5881          (c) submit an application in a form prescribed by the division;
5882          (d) pay a fee determined by the department under Section 63J-1-504;
5883          (e) possess a high degree of skill and ability in the art of court reporting; and
5884          [(f) produce satisfactory evidence of good moral character; and]
5885          [(g)] (f) submit evidence that the applicant has completed and passed the Registered
5886     Professional Reporter Examination of the National Court Reporters Association or the

5887     Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
5888          (2) [Any] A person granted a certificate to practice as a state certified court reporter
5889     may use the abbreviation "C.C.R." or "C.V.R." as long as the person's certificate is current and
5890     valid.
5891          Section 104. Section 58-75-302 is amended to read:
5892          58-75-302. Qualifications for licensure -- Temporary license.
5893          (1) Except as provided in Subsection (2), each applicant for licensure as a genetic
5894     counselor under this chapter shall:
5895          (a) submit an application in a form prescribed by the division;
5896          (b) pay a fee determined by the department under Section 63J-1-504;
5897          [(c) be of good moral character;]
5898          [(d)] (c) provide satisfactory documentation of having earned:
5899          (i) a master's degree from a genetic counseling training program that is accredited by
5900     the American Board of Genetic Counseling or an equivalent as determined by the division; or
5901          (ii) a doctoral degree from a medical genetics training program that is accredited by the
5902     American Board of Medical Genetics or an equivalent as determined by the division; and
5903          [(e)] (d) meet the examination requirement for certification as:
5904          (i) a genetic counselor by the American Board of Genetic Counseling or the American
5905     Board of Medical Genetics; or
5906          (ii) a medical geneticist by the American Board of Medical Genetics.
5907          (2) The division may issue a temporary license, in accordance with Section 58-1-303
5908     and any other conditions established by rule, to an applicant who meets all of the requirements
5909     for licensure except the examination requirement of Subsection [(1)(e)] (1)(d).
5910          Section 105. Section 58-76-302 is amended to read:
5911          58-76-302. Qualifications for licensure.
5912          Each applicant for licensure as a professional geologist shall:
5913          (1) submit an application in a form as prescribed by the division;
5914          (2) pay a fee as determined by the department under Section 63J-1-504;
5915          [(3) be of good moral character;]
5916          [(4)] (3) provide satisfactory evidence of:
5917          (a) a bachelors or graduate degree in the geosciences granted through an institution of

5918     higher education that is accredited by a regional or national accrediting agency with a minimum
5919     of 30 semester or 45 quarter hours of course work in the geosciences; or
5920          (b) completion of other equivalent educational requirements as determined by the
5921     division in collaboration with the board;
5922          [(5)] (4) provide satisfactory evidence of:
5923          (a) with a bachelors degree, a specific record of five years of active professional
5924     practice in geological work of a character satisfactory to the division, indicating the applicant is
5925     competent to be placed in a responsible charge of the work;
5926          (b) with a masters degree, a specific record of three years of active professional
5927     practice in geological work of a character satisfactory to the division, indicating the applicant is
5928     competent to be placed in a responsible charge of the work; or
5929          (c) with a doctorate degree, a specific record of one year of active professional practice
5930     in geological work of a character satisfactory to the division, indicating the applicant is
5931     competent to be placed in a responsible charge of the work; and
5932          [(6)] (5) after January 1, 2004, meet the examination requirement established by rule
5933     by the division in collaboration with the board.
5934          Section 106. Section 58-77-302 is amended to read:
5935          58-77-302. Qualifications for licensure.
5936          Each applicant for licensure as a licensed direct-entry midwife shall:
5937          (1) submit an application in a form prescribed by the division;
5938          (2) pay a fee as determined by the department under Section 63J-1-504;
5939          [(3) be of good moral character;]
5940          [(4)] (3) hold a Certified Professional Midwife certificate in good standing with the
5941     North American Registry of Midwives or equivalent certification approved by the division in
5942     collaboration with the board;
5943          [(5)] (4) hold current adult and infant CPR and newborn resuscitation certifications
5944     through an organization approved by the division in collaboration with the board; and
5945          [(6)] (5) provide documentation of successful completion of an approved
5946     pharmacology course as defined by division rule.
5947          Section 107. Section 58-78-302 is amended to read:
5948          58-78-302. Qualifications for licensure -- Licensure by credential.

5949          (1) Except as provided in Subsection (2), an applicant for licensure as a vocational
5950     rehabilitation counselor under this chapter shall:
5951          (a) submit an application in a form as prescribed by the division;
5952          (b) pay a fee determined by the department under Section 63J-1-504 to recover the
5953     costs of administering licensing requirements relating to vocational rehabilitation counselors;
5954          [(c) be of good moral character;]
5955          [(d)] (c) provide satisfactory evidence of having earned a master's degree in
5956     rehabilitation counseling or a related field;
5957          [(e)] (d) provide satisfactory evidence of having 4,000 hours of disability related work
5958     experience under the supervision of a licensed vocational rehabilitation counselor, except as
5959     otherwise provided in Subsection (2); and
5960          [(f)] (e) meet the examination requirement established by rule by the division in
5961     collaboration with the board.
5962          (2) The division may issue a license under this chapter to an individual who is licensed
5963     in another state or jurisdiction to practice vocational rehabilitation counseling if the division
5964     finds that the other state or jurisdiction has substantially the same or higher licensure
5965     requirements as this state.
5966          Section 108. Section 58-79-302 is amended to read:
5967          58-79-302. Qualifications for licensure.
5968          (1) An applicant for licensure as a hunting guide shall:
5969          (a) submit an application in a form prescribed by the division;
5970          (b) pay a fee determined by the department under Section 63J-1-504;
5971          [(c) produce satisfactory evidence of good moral character;]
5972          [(d)] (c) possess a high degree of skill and ability as a hunting guide;
5973          [(e)] (d) successfully complete basic education and training requirements established
5974     by rule by the division in collaboration with the board; and
5975          [(f)] (e) meet with the division and board if requested by the division or board.
5976          (2) An applicant for licensure as an outfitter shall:
5977          (a) submit an application in a form prescribed by the division;
5978          (b) pay a fee determined by the department under Section 63J-1-504;
5979          [(c) produce satisfactory evidence of good moral character;]

5980          [(d)] (c) possess a high degree of skill and ability as an outfitter;
5981          [(e)] (d) successfully complete basic education and training requirements established
5982     by rule by the division in collaboration with the board; and
5983          [(f)] (e) meet with the division and board if requested by the division or board.
5984          Section 109. Section 58-84-201 is amended to read:
5985          58-84-201. Qualifications for state certification.
5986          (1) The division shall grant state certification to a person who qualifies under this
5987     chapter to engage in the practice of music therapy as a state certified music therapist.
5988          (2) Each applicant for state certification as a state certified music therapist shall:
5989          (a) submit an application in a form prescribed by the division;
5990          (b) pay a fee determined by the department under Section 63J-1-504; and
5991          [(c) be of good moral character; and]
5992          [(d)] (c) provide satisfactory documentation that the applicant is board certified by, and
5993     in good standing with, the Certification Board for Music Therapists, or an equivalent board as
5994     determined by division rule.
5995          Section 110. Section 58-86-202 is amended to read:
5996          58-86-202. Qualifications for state certification.
5997          Each applicant for state certification as a state certified commercial interior designer
5998     shall:
5999          (1) submit an application in a form prescribed by the division;
6000          (2) pay a fee determined by the department under Section 63J-1-504; and
6001          (3) provide satisfactory evidence of[: (a) good moral character; and (b)] having
6002     qualified to take and having passed the examination of the National Council for Interior Design
6003     Qualification, or an equivalent body as determined by division rule.
6004          Section 111. Section 63G-2-305 is amended to read:
6005          63G-2-305. Protected records.
6006          The following records are protected if properly classified by a governmental entity:
6007          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
6008     has provided the governmental entity with the information specified in Section 63G-2-309;
6009          (2) commercial information or nonindividual financial information obtained from a
6010     person if:

6011          (a) disclosure of the information could reasonably be expected to result in unfair
6012     competitive injury to the person submitting the information or would impair the ability of the
6013     governmental entity to obtain necessary information in the future;
6014          (b) the person submitting the information has a greater interest in prohibiting access
6015     than the public in obtaining access; and
6016          (c) the person submitting the information has provided the governmental entity with
6017     the information specified in Section 63G-2-309;
6018          (3) commercial or financial information acquired or prepared by a governmental entity
6019     to the extent that disclosure would lead to financial speculations in currencies, securities, or
6020     commodities that will interfere with a planned transaction by the governmental entity or cause
6021     substantial financial injury to the governmental entity or state economy;
6022          (4) records, the disclosure of which could cause commercial injury to, or confer a
6023     competitive advantage upon a potential or actual competitor of, a commercial project entity as
6024     defined in Subsection 11-13-103(4);
6025          (5) test questions and answers to be used in future license, certification, registration,
6026     employment, or academic examinations;
6027          (6) records, the disclosure of which would impair governmental procurement
6028     proceedings or give an unfair advantage to any person proposing to enter into a contract or
6029     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
6030     Subsection (6) does not restrict the right of a person to have access to, after the contract or
6031     grant has been awarded and signed by all parties:
6032          (a) a bid, proposal, application, or other information submitted to or by a governmental
6033     entity in response to:
6034          (i) an invitation for bids;
6035          (ii) a request for proposals;
6036          (iii) a request for quotes;
6037          (iv) a grant; or
6038          (v) other similar document; or
6039          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
6040          (7) information submitted to or by a governmental entity in response to a request for
6041     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict

6042     the right of a person to have access to the information, after:
6043          (a) a contract directly relating to the subject of the request for information has been
6044     awarded and signed by all parties; or
6045          (b) (i) a final determination is made not to enter into a contract that relates to the
6046     subject of the request for information; and
6047          (ii) at least two years have passed after the day on which the request for information is
6048     issued;
6049          (8) records that would identify real property or the appraisal or estimated value of real
6050     or personal property, including intellectual property, under consideration for public acquisition
6051     before any rights to the property are acquired unless:
6052          (a) public interest in obtaining access to the information is greater than or equal to the
6053     governmental entity's need to acquire the property on the best terms possible;
6054          (b) the information has already been disclosed to persons not employed by or under a
6055     duty of confidentiality to the entity;
6056          (c) in the case of records that would identify property, potential sellers of the described
6057     property have already learned of the governmental entity's plans to acquire the property;
6058          (d) in the case of records that would identify the appraisal or estimated value of
6059     property, the potential sellers have already learned of the governmental entity's estimated value
6060     of the property; or
6061          (e) the property under consideration for public acquisition is a single family residence
6062     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
6063     the property as required under Section 78B-6-505;
6064          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
6065     compensated transaction of real or personal property including intellectual property, which, if
6066     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
6067     of the subject property, unless:
6068          (a) the public interest in access is greater than or equal to the interests in restricting
6069     access, including the governmental entity's interest in maximizing the financial benefit of the
6070     transaction; or
6071          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
6072     the value of the subject property have already been disclosed to persons not employed by or

6073     under a duty of confidentiality to the entity;
6074          (10) records created or maintained for civil, criminal, or administrative enforcement
6075     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
6076     release of the records:
6077          (a) reasonably could be expected to interfere with investigations undertaken for
6078     enforcement, discipline, licensing, certification, or registration purposes;
6079          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
6080     proceedings;
6081          (c) would create a danger of depriving a person of a right to a fair trial or impartial
6082     hearing;
6083          (d) reasonably could be expected to disclose the identity of a source who is not
6084     generally known outside of government and, in the case of a record compiled in the course of
6085     an investigation, disclose information furnished by a source not generally known outside of
6086     government if disclosure would compromise the source; or
6087          (e) reasonably could be expected to disclose investigative or audit techniques,
6088     procedures, policies, or orders not generally known outside of government if disclosure would
6089     interfere with enforcement or audit efforts;
6090          (11) records the disclosure of which would jeopardize the life or safety of an
6091     individual;
6092          (12) records the disclosure of which would jeopardize the security of governmental
6093     property, governmental programs, or governmental recordkeeping systems from damage, theft,
6094     or other appropriation or use contrary to law or public policy;
6095          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
6096     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
6097     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
6098          (14) records that, if disclosed, would reveal recommendations made to the Board of
6099     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
6100     Board of Pardons and Parole, or the Department of Human Services that are based on the
6101     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
6102     jurisdiction;
6103          (15) records and audit workpapers that identify audit, collection, and operational

6104     procedures and methods used by the State Tax Commission, if disclosure would interfere with
6105     audits or collections;
6106          (16) records of a governmental audit agency relating to an ongoing or planned audit
6107     until the final audit is released;
6108          (17) records that are subject to the attorney client privilege;
6109          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
6110     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
6111     quasi-judicial, or administrative proceeding;
6112          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
6113     from a member of the Legislature; and
6114          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
6115     legislative action or policy may not be classified as protected under this section; and
6116          (b) (i) an internal communication that is part of the deliberative process in connection
6117     with the preparation of legislation between:
6118          (A) members of a legislative body;
6119          (B) a member of a legislative body and a member of the legislative body's staff; or
6120          (C) members of a legislative body's staff; and
6121          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
6122     legislative action or policy may not be classified as protected under this section;
6123          (20) (a) records in the custody or control of the Office of Legislative Research and
6124     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
6125     legislation or contemplated course of action before the legislator has elected to support the
6126     legislation or course of action, or made the legislation or course of action public; and
6127          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
6128     Office of Legislative Research and General Counsel is a public document unless a legislator
6129     asks that the records requesting the legislation be maintained as protected records until such
6130     time as the legislator elects to make the legislation or course of action public;
6131          (21) research requests from legislators to the Office of Legislative Research and
6132     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
6133     in response to these requests;
6134          (22) drafts, unless otherwise classified as public;

6135          (23) records concerning a governmental entity's strategy about:
6136          (a) collective bargaining; or
6137          (b) imminent or pending litigation;
6138          (24) records of investigations of loss occurrences and analyses of loss occurrences that
6139     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
6140     Uninsured Employers' Fund, or similar divisions in other governmental entities;
6141          (25) records, other than personnel evaluations, that contain a personal recommendation
6142     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
6143     personal privacy, or disclosure is not in the public interest;
6144          (26) records that reveal the location of historic, prehistoric, paleontological, or
6145     biological resources that if known would jeopardize the security of those resources or of
6146     valuable historic, scientific, educational, or cultural information;
6147          (27) records of independent state agencies if the disclosure of the records would
6148     conflict with the fiduciary obligations of the agency;
6149          (28) records of an institution within the state system of higher education defined in
6150     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
6151     retention decisions, and promotions, which could be properly discussed in a meeting closed in
6152     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
6153     the final decisions about tenure, appointments, retention, promotions, or those students
6154     admitted, may not be classified as protected under this section;
6155          (29) records of the governor's office, including budget recommendations, legislative
6156     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
6157     policies or contemplated courses of action before the governor has implemented or rejected
6158     those policies or courses of action or made them public;
6159          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
6160     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
6161     recommendations in these areas;
6162          (31) records provided by the United States or by a government entity outside the state
6163     that are given to the governmental entity with a requirement that they be managed as protected
6164     records if the providing entity certifies that the record would not be subject to public disclosure
6165     if retained by it;

6166          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
6167     public body except as provided in Section 52-4-206;
6168          (33) records that would reveal the contents of settlement negotiations but not including
6169     final settlements or empirical data to the extent that they are not otherwise exempt from
6170     disclosure;
6171          (34) memoranda prepared by staff and used in the decision-making process by an
6172     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
6173     other body charged by law with performing a quasi-judicial function;
6174          (35) records that would reveal negotiations regarding assistance or incentives offered
6175     by or requested from a governmental entity for the purpose of encouraging a person to expand
6176     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
6177     person or place the governmental entity at a competitive disadvantage, but this section may not
6178     be used to restrict access to a record evidencing a final contract;
6179          (36) materials to which access must be limited for purposes of securing or maintaining
6180     the governmental entity's proprietary protection of intellectual property rights including patents,
6181     copyrights, and trade secrets;
6182          (37) the name of a donor or a prospective donor to a governmental entity, including an
6183     institution within the state system of higher education defined in Section 53B-1-102, and other
6184     information concerning the donation that could reasonably be expected to reveal the identity of
6185     the donor, provided that:
6186          (a) the donor requests anonymity in writing;
6187          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
6188     classified protected by the governmental entity under this Subsection (37); and
6189          (c) except for an institution within the state system of higher education defined in
6190     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
6191     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
6192     over the donor, a member of the donor's immediate family, or any entity owned or controlled
6193     by the donor or the donor's immediate family;
6194          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
6195     73-18-13;
6196          (39) a notification of workers' compensation insurance coverage described in Section

6197     34A-2-205;
6198          (40) (a) the following records of an institution within the state system of higher
6199     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
6200     or received by or on behalf of faculty, staff, employees, or students of the institution:
6201          (i) unpublished lecture notes;
6202          (ii) unpublished notes, data, and information:
6203          (A) relating to research; and
6204          (B) of:
6205          (I) the institution within the state system of higher education defined in Section
6206     53B-1-102; or
6207          (II) a sponsor of sponsored research;
6208          (iii) unpublished manuscripts;
6209          (iv) creative works in process;
6210          (v) scholarly correspondence; and
6211          (vi) confidential information contained in research proposals;
6212          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
6213     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
6214          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
6215          (41) (a) records in the custody or control of the Office of Legislative Auditor General
6216     that would reveal the name of a particular legislator who requests a legislative audit prior to the
6217     date that audit is completed and made public; and
6218          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
6219     Office of the Legislative Auditor General is a public document unless the legislator asks that
6220     the records in the custody or control of the Office of Legislative Auditor General that would
6221     reveal the name of a particular legislator who requests a legislative audit be maintained as
6222     protected records until the audit is completed and made public;
6223          (42) records that provide detail as to the location of an explosive, including a map or
6224     other document that indicates the location of:
6225          (a) a production facility; or
6226          (b) a magazine;
6227          (43) information:

6228          (a) contained in the statewide database of the Division of Aging and Adult Services
6229     created by Section 62A-3-311.1; or
6230          (b) received or maintained in relation to the Identity Theft Reporting Information
6231     System (IRIS) established under Section 67-5-22;
6232          (44) information contained in the Management Information System and Licensing
6233     Information System described in Title 62A, Chapter 4a, Child and Family Services;
6234          (45) information regarding National Guard operations or activities in support of the
6235     National Guard's federal mission;
6236          (46) records provided by any pawn or secondhand business to a law enforcement
6237     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
6238     Secondhand Merchandise Transaction Information Act;
6239          (47) information regarding food security, risk, and vulnerability assessments performed
6240     by the Department of Agriculture and Food;
6241          (48) except to the extent that the record is exempt from this chapter pursuant to Section
6242     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
6243     prepared or maintained by the Division of Emergency Management, and the disclosure of
6244     which would jeopardize:
6245          (a) the safety of the general public; or
6246          (b) the security of:
6247          (i) governmental property;
6248          (ii) governmental programs; or
6249          (iii) the property of a private person who provides the Division of Emergency
6250     Management information;
6251          (49) records of the Department of Agriculture and Food that provides for the
6252     identification, tracing, or control of livestock diseases, including any program established under
6253     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
6254     of Animal Disease;
6255          (50) as provided in Section 26-39-501:
6256          (a) information or records held by the Department of Health related to a complaint
6257     regarding a child care program or residential child care which the department is unable to
6258     substantiate; and

6259          (b) information or records related to a complaint received by the Department of Health
6260     from an anonymous complainant regarding a child care program or residential child care;
6261          (51) unless otherwise classified as public under Section 63G-2-301 and except as
6262     provided under Section 41-1a-116, an individual's home address, home telephone number, or
6263     personal mobile phone number, if:
6264          (a) the individual is required to provide the information in order to comply with a law,
6265     ordinance, rule, or order of a government entity; and
6266          (b) the subject of the record has a reasonable expectation that this information will be
6267     kept confidential due to:
6268          (i) the nature of the law, ordinance, rule, or order; and
6269          (ii) the individual complying with the law, ordinance, rule, or order;
6270          (52) the portion of the following documents that contains a candidate's residential or
6271     mailing address, if the candidate provides to the filing officer another address or phone number
6272     where the candidate may be contacted:
6273          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
6274     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
6275     20A-9-408.5, 20A-9-502, or 20A-9-601;
6276          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
6277          (c) a notice of intent to gather signatures for candidacy, described in Section
6278     20A-9-408;
6279          (53) the name, home address, work addresses, and telephone numbers of an individual
6280     that is engaged in, or that provides goods or services for, medical or scientific research that is:
6281          (a) conducted within the state system of higher education, as defined in Section
6282     53B-1-102; and
6283          (b) conducted using animals;
6284          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
6285     Evaluation Commission concerning an individual commissioner's vote on whether or not to
6286     recommend that the voters retain a judge including information disclosed under Subsection
6287     78A-12-203(5)(e);
6288          (55) information collected and a report prepared by the Judicial Performance
6289     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter

6290     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
6291     the information or report;
6292          (56) records contained in the Management Information System created in Section
6293     62A-4a-1003;
6294          (57) records provided or received by the Public Lands Policy Coordinating Office in
6295     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
6296          (58) information requested by and provided to the 911 Division under Section
6297     63H-7a-302;
6298          (59) in accordance with Section 73-10-33:
6299          (a) a management plan for a water conveyance facility in the possession of the Division
6300     of Water Resources or the Board of Water Resources; or
6301          (b) an outline of an emergency response plan in possession of the state or a county or
6302     municipality;
6303          (60) the following records in the custody or control of the Office of Inspector General
6304     of Medicaid Services, created in Section 63A-13-201:
6305          (a) records that would disclose information relating to allegations of personal
6306     misconduct, gross mismanagement, or illegal activity of a person if the information or
6307     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
6308     through other documents or evidence, and the records relating to the allegation are not relied
6309     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
6310     report or final audit report;
6311          (b) records and audit workpapers to the extent they would disclose the identity of a
6312     person who, during the course of an investigation or audit, communicated the existence of any
6313     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
6314     regulation adopted under the laws of this state, a political subdivision of the state, or any
6315     recognized entity of the United States, if the information was disclosed on the condition that
6316     the identity of the person be protected;
6317          (c) before the time that an investigation or audit is completed and the final
6318     investigation or final audit report is released, records or drafts circulated to a person who is not
6319     an employee or head of a governmental entity for the person's response or information;
6320          (d) records that would disclose an outline or part of any investigation, audit survey

6321     plan, or audit program; or
6322          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
6323     investigation or audit;
6324          (61) records that reveal methods used by the Office of Inspector General of Medicaid
6325     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
6326     abuse;
6327          (62) information provided to the Department of Health or the Division of Occupational
6328     and Professional Licensing under [Subsection] Subsections 58-67-304(3) and (4) and
6329     Subsections 58-68-304(3) [or] and (4);
6330          (63) a record described in Section 63G-12-210;
6331          (64) captured plate data that is obtained through an automatic license plate reader
6332     system used by a governmental entity as authorized in Section 41-6a-2003;
6333          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
6334     victim, including:
6335          (a) a victim's application or request for benefits;
6336          (b) a victim's receipt or denial of benefits; and
6337          (c) any administrative notes or records made or created for the purpose of, or used to,
6338     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
6339     Reparations Fund;
6340          (66) an audio or video recording created by a body-worn camera, as that term is
6341     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
6342     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
6343     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
6344     that term is defined in Section 62A-2-101, except for recordings that:
6345          (a) depict the commission of an alleged crime;
6346          (b) record any encounter between a law enforcement officer and a person that results in
6347     death or bodily injury, or includes an instance when an officer fires a weapon;
6348          (c) record any encounter that is the subject of a complaint or a legal proceeding against
6349     a law enforcement officer or law enforcement agency;
6350          (d) contain an officer involved critical incident as defined in Subsection
6351     76-2-408(1)(d); or

6352          (e) have been requested for reclassification as a public record by a subject or
6353     authorized agent of a subject featured in the recording;
6354          (67) a record pertaining to the search process for a president of an institution of higher
6355     education described in Section 53B-2-102, except for application materials for a publicly
6356     announced finalist; and
6357          (68) an audio recording that is:
6358          (a) produced by an audio recording device that is used in conjunction with a device or
6359     piece of equipment designed or intended for resuscitating an individual or for treating an
6360     individual with a life-threatening condition;
6361          (b) produced during an emergency event when an individual employed to provide law
6362     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
6363          (i) is responding to an individual needing resuscitation or with a life-threatening
6364     condition; and
6365          (ii) uses a device or piece of equipment designed or intended for resuscitating an
6366     individual or for treating an individual with a life-threatening condition; and
6367          (c) intended and used for purposes of training emergency responders how to improve
6368     their response to an emergency situation;
6369          (69) records submitted by or prepared in relation to an applicant seeking a
6370     recommendation by the Research and General Counsel Subcommittee, the Budget
6371     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
6372     employment position with the Legislature;
6373          (70) work papers as defined in Section 31A-2-204;
6374          (71) a record made available to Adult Protective Services or a law enforcement agency
6375     under Section 61-1-206;
6376          (72) a record submitted to the Insurance Department in accordance with Section
6377     31A-37-201; and
6378          (73) a record described in Section 31A-37-503.
6379          (74) any record created by the Division of Occupational and Professional Licensing as
6380     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); and
6381          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
6382     involving an amusement ride.

6383          Section 112. Section 78B-3-416 is amended to read:
6384          78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
6385     limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
6386     fees.
6387          (1) (a) The division shall provide a hearing panel in alleged medical liability cases
6388     against health care providers as defined in Section 78B-3-403, except dentists.
6389          (b) (i) The division shall establish procedures for prelitigation consideration of medical
6390     liability claims for damages arising out of the provision of or alleged failure to provide health
6391     care.
6392          (ii) The division may establish rules necessary to administer the process and
6393     procedures related to prelitigation hearings and the conduct of prelitigation hearings in
6394     accordance with Sections 78B-3-416 through 78B-3-420.
6395          (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
6396     4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
6397     litigation.
6398          (d) Proceedings conducted under authority of this section are confidential, privileged,
6399     and immune from civil process.
6400          (e) The division may not provide more than one hearing panel for each alleged medical
6401     liability case against a health care provider.
6402          (2) (a) The party initiating a medical liability action shall file a request for prelitigation
6403     panel review with the division within 60 days after the service of a statutory notice of intent to
6404     commence action under Section 78B-3-412.
6405          (b) The request shall include a copy of the notice of intent to commence action. The
6406     request shall be mailed to all health care providers named in the notice and request.
6407          (3) (a) The filing of a request for prelitigation panel review under this section tolls the
6408     applicable statute of limitations until the later of:
6409          (i) 60 days following the division's issuance of:
6410          (A) an opinion by the prelitigation panel; or
6411          (B) a certificate of compliance under Section 78B-3-418; or
6412          (ii) the expiration of the time for holding a hearing under Subsection (3)(b)(ii).
6413          (b) The division shall:

6414          (i) send any opinion issued by the panel to all parties by regular mail; and
6415          (ii) complete a prelitigation hearing under this section within:
6416          (A) 180 days after the filing of the request for prelitigation panel review; or
6417          (B) any longer period as agreed upon in writing by all parties to the review.
6418          (c) If the prelitigation hearing has not been completed within the time limits
6419     established in Subsection (3)(b)(ii), the claimant shall:
6420          (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
6421          (ii) file an affidavit with the division within 180 days of the request for pre-litigation
6422     review, in accordance with Subsection (3)(d), alleging that the respondent has failed to
6423     reasonably cooperate in scheduling the hearing.
6424          (d) If the claimant files an affidavit under Subsection (3)(c)(ii):
6425          (i) within 15 days of the filing of the affidavit under Subsection (3)(c)(ii), the division
6426     shall determine whether either the respondent or the claimant failed to reasonably cooperate in
6427     the scheduling of a pre-litigation hearing; and
6428          (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
6429     scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
6430     shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;
6431     or
6432          (B) if the division makes a determination other than the determination in Subsection
6433     (3)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
6434     within 30 days of the determination of the division under this Subsection (3).
6435          (e) (i) The claimant and any respondent may agree by written stipulation that no useful
6436     purpose would be served by convening a prelitigation panel under this section.
6437          (ii) When the stipulation is filed with the division, the division shall within 10 days
6438     after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
6439     stipulating respondent, and stating that the claimant has complied with all conditions precedent
6440     to the commencement of litigation regarding the claim.
6441          (4) The division shall provide for and appoint an appropriate panel or panels to hear
6442     complaints of medical liability and damages, made by or on behalf of any patient who is an
6443     alleged victim of medical liability. The panels are composed of:
6444          (a) one member who is a resident lawyer currently licensed and in good standing to

6445     practice law in this state and who shall serve as chairman of the panel, who is appointed by the
6446     division from among qualified individuals who have registered with the division indicating a
6447     willingness to serve as panel members, and a willingness to comply with the rules of
6448     professional conduct governing lawyers in the state, and who has completed division training
6449     regarding conduct of panel hearings;
6450          (b) (i) one [member who is a] or more members who are licensed health care [provider]
6451     providers listed under Section 78B-3-403, who [is] are practicing and knowledgeable in the
6452     same specialty as the proposed defendant, and who [is] are appointed by the division in
6453     accordance with Subsection (5); or
6454          (ii) in claims against only [hospitals or their] a health care facility or the facility's
6455     employees, one member who is an individual currently serving in a [hospital] health care
6456     facility administration position directly related to [hospital] health care facility operations or
6457     conduct that includes responsibility for the area of practice that is the subject of the liability
6458     claim, and who is appointed by the division; and
6459          (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
6460     provider, and who is a responsible citizen of the state, selected and appointed by the division
6461     from among individuals who have completed division training with respect to panel hearings.
6462          (5) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
6463     under a license issued by the state, is obligated as a condition of holding that license to
6464     participate as a member of a medical liability prelitigation panel at reasonable times, places,
6465     and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
6466     division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
6467          (b) A licensee may be excused from appearance and participation as a panel member
6468     upon the division finding participation by the licensee will create an unreasonable burden or
6469     hardship upon the licensee.
6470          (c) A licensee whom the division finds failed to appear and participate as a panel
6471     member when so ordered, without adequate explanation or justification and without being
6472     excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
6473          (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
6474     participate as a panel member when so ordered, without adequate explanation or justification
6475     and without being excused for cause by the division, may be assessed an administrative fine not

6476     to exceed $5,000, and is guilty of unprofessional conduct.
6477          (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the
6478     Physicians Education Fund created in Section 58-67a-1.
6479          (f) The director of the division may collect a fine that is not paid by:
6480          (i) referring the matter to a collection agency; or
6481          (ii) bringing an action in the district court of the county where the person against whom
6482     the penalty is imposed resides or in the county where the office of the director is located.
6483          (g) A county attorney or the attorney general of the state shall provide legal assistance
6484     and advice to the director in an action to collect a fine.
6485          (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
6486     action brought by the division to collect a fine.
6487          (6) Each person selected as a panel member shall certify, under oath, that he has no
6488     bias or conflict of interest with respect to any matter under consideration.
6489          (7) A member of the prelitigation hearing panel may not receive compensation or
6490     benefits for the member's service, but may receive per diem and travel expenses in accordance
6491     with:
6492          (a) Section 63A-3-106;
6493          (b) Section 63A-3-107; and
6494          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6495     63A-3-107.
6496          (8) (a) In addition to the actual cost of administering the licensure of health care
6497     providers, the division may set license fees of health care providers within the limits
6498     established by law equal to their proportionate costs of administering prelitigation panels.
6499          (b) The claimant bears none of the costs of administering the prelitigation panel except
6500     under Section 78B-3-420.