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OCCUPATIONAL AND PROFESSIONAL LICENSING

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AMENDMENTS

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Kera Birkeland

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to qualifying for licensure by endorsement from
11     the Division of Occupational and Professional Licensing (DOPL).
12     Highlighted Provisions:
13          This bill:
14          ▸     allows a person who has practiced an occupation or profession outside of Utah in a
15     state, district, or territory of the United States that does not require a license, but
16     where Utah does require a license, to receive a license from DOPL if certain
17     conditions are met; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-1-302, as last amended by Laws of Utah 2020, Chapter 339
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 58-1-302 is amended to read:
29          58-1-302. License by endorsement.
30          (1) Subject to Subsections [(2), (3), (4), and (5)] (3), (4), (5), and (6), the division shall
31     issue a license without examination to a person who has been licensed in a state, district, or
32     territory of the United States if:
33          (a) after being licensed outside of this state, the person has at least one year of
34     experience in the state, district, or territory of the United States where the license was issued;
35          (b) the person's license is in good standing in the state, district, or territory of the
36     United States where the license was issued; and
37          (c) the division determines that the license issued by the state, district, or territory of
38     the United States encompasses a similar scope of practice as the license sought in this state.
39          (2) Subject to Subsections (3), (4), (5,) and (6), the division shall issue a license
40     without examination to a person if:
41          (a) the person has at least three years of experience in an occupation or profession
42     outside of this state in a state, district, or territory of the United States that does not require a
43     professional license to practice the occupation or profession, but where this state does require a
44     license to practice the occupation or profession;
45          (b) the person has no previous or pending criminal indictments or civil actions against
46     the person related to the person's practice of the occupation or profession for which licensure is
47     sought; and
48          (c) the division determines that:
49          (i) the person's education and training are similar in scope to the requirements to
50     qualify to receive a license in this state; and
51          (ii) the person's scope of practice while completing the experience required by
52     Subsection (2)(a) encompasses a similar scope of practice as the license sought in this state.
53           [(2)] (3) The division, in consultation with the applicable licensing board, may make
54     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
55     prescribing the administration and requirements of this section.
56          [(3)] (4) Notwithstanding the provisions of [Subsection]Subsections (1) and (2), the
57     division may refuse to issue a license to a person under the provisions of this section if:
58          (a) the division determines that there is reasonable cause to believe that the person is

59     not qualified to receive a license in this state; or
60          (b) the person has a previous or pending disciplinary action related to the person's
61     license.
62          [(4)] (5) Before a person may be issued a license under this section, the person shall:
63          (a) pay a fee determined by the department under Section 63J-1-504; [and]
64          (b) produce satisfactory evidence of the person's identity, qualifications, and good
65     standing in the occupation or profession for which licensure is sought[.]; and
66          (c) provide any additional information required by the division.
67          [(5)] (6) In accordance with Section 58-1-107, licensure endorsement provisions in this
68     section are subject to and may be supplemented or altered by licensure endorsement provisions
69     or multistate licensure compacts in specific chapters of this title.
70          [(6)] (7) On or before October 1, 2022, the division shall provide a written report to the
71     Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
72     provisions of this section at ensuring that persons receiving a license without examination
73     under the provisions of this section are qualified to receive a license in this state.