1     
LICENSING AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill addresses proposed and existing regulated occupations.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Office of Professional Licensure Review (office);
13          ▸     defines terms;
14          ▸     requires the office to:
15               •     conduct a sunrise review for each application to establish a new regulated
16     occupation;
17               •     review each regulated occupation at least once every 10 years; and
18               •     review and respond to each legislator inquiry regarding an occupational
19     licensing matter;
20          ▸     establishes criteria for conducting a sunrise review or periodic review;
21          ▸     provides legislative oversight of the scheduling and scope of each periodic review;
22          ▸     requires the office to annually prepare and submit a written report to the Business
23     and Labor Interim Committee;
24          ▸     provides a sunset date for provisions of this bill, subject to review;
25          ▸     repeals the Occupational and Professional Licensure Review Committee Act; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          None

29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          58-1-301, as last amended by Laws of Utah 2019, Chapter 133
34          58-55-201, as last amended by Laws of Utah 2020, Chapters 154 and 339
35          63I-1-213, as last amended by Laws of Utah 2021, Chapter 26
36     ENACTS:
37          13-1b-101, Utah Code Annotated 1953
38          13-1b-102, Utah Code Annotated 1953
39          13-1b-201, Utah Code Annotated 1953
40          13-1b-202, Utah Code Annotated 1953
41          13-1b-203, Utah Code Annotated 1953
42          13-1b-301, Utah Code Annotated 1953
43          13-1b-302, Utah Code Annotated 1953
44          13-1b-303, Utah Code Annotated 1953
45          13-1b-304, Utah Code Annotated 1953
46     REPEALS:
47          36-23-101, as enacted by Laws of Utah 1999, Chapter 152
48          36-23-101.5, as last amended by Laws of Utah 2019, Chapter 276
49          36-23-102, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307
50          36-23-103, as last amended by Laws of Utah 2013, Chapter 323
51          36-23-104, as last amended by Laws of Utah 2014, Chapter 387
52          36-23-105, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307
53          36-23-106, as last amended by Laws of Utah 2018, Chapter 281 and last amended by
54     Coordination Clause, Laws of Utah 2018, Chapter 307
55          36-23-107, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307

56          36-23-108, as enacted by Laws of Utah 1999, Chapter 152
57          36-23-109, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307
58          58-1-110, as enacted by Laws of Utah 2013, Chapter 323
59     

60     Be it enacted by the Legislature of the state of Utah:
61          Section 1. Section 13-1b-101 is enacted to read:
62     
CHAPTER 1b. OFFICE OF PROFESSIONAL

63     
LICENSURE REVIEW

64     
Part 1. General Provisions

65          13-1b-101. Definitions.
66          As used in this chapter:
67          (1) "Department" means the Department of Commerce.
68          (2) "Director" means the director of the office.
69          (3) "Executive director" means the executive director of the Department of Commerce.
70          (4) "Government requestor" means:
71          (a) the governor;
72          (b) an executive branch officer other than the governor;
73          (c) an executive branch agency;
74          (d) a legislator; or
75          (e) a legislative committee.
76          (5) "Health, safety, or financial welfare of the public" includes protecting against
77     physical injury, property damage, or financial harm of the public.
78          (6) "License" or "licensing" means a state-granted authorization for a person to engage
79     in a specified occupation:
80          (a) based on the person meeting personal qualifications established under state law;
81     and
82          (b) where state law requires the authorization before the person may lawfully engage in

83     the occupation for compensation.
84          (7) "Newly regulate" means to create by statute or administrative rule a new license,
85     certification, registration, or exemption classification regarding an occupation.
86          (8) "Occupation" means a course of conduct, pursuit, or profession that includes the
87     sale of goods or services that are not illegal to sell, irrespective of whether the individual
88     selling the goods or services is subject to an occupational regulation.
89          (9) "Office" means the Office of Professional Licensure Review created in this chapter.
90          (10) "Periodic review" means a review described in Subsection 13-1b-203(2).
91          (11) (a) "Personal qualifications" means criteria established in state law related to an
92     individual's background.
93          (b) "Personal qualifications" includes:
94          (i) completion of an approved education program;
95          (ii) satisfactory performance on an examination;
96          (iii) work experience; and
97          (iv) completion of continuing education.
98          (12) "Regulated occupation" means an occupation that:
99          (a) requires a person to obtain a license to practice the occupation; or
100          (b) provides for state certification or state registration.
101          (13) "State certification" means a state-granted authorization given to a person to use
102     the term "state certified" as part of a designated title related to engaging in a specified
103     occupation:
104          (a) based on the person meeting personal qualifications established under state law;
105     and
106          (b) where state law prohibits a noncertified person from using the term "state certified"
107     as part of a designated title but does not otherwise prohibit a noncertified person from engaging
108     in the occupation for compensation.
109          (14) "State registration" means a state-granted authorization given to a person to use

110     the term "state registered" as part of a designated title related to engaging in a specified
111     occupation:
112          (a) based on the person meeting requirements established under state law, which may
113     include the person's name and address, the person's agent for service of process, the location of
114     the activity to be performed, and bond or insurance requirements;
115          (b) where state law does not require the person to meet any personal qualifications; and
116          (c) where state law prohibits a nonregistered person from using the term "state
117     registered" as part of a designated title.
118          (15) "Sunrise review" means a review under this chapter of an application to establish a
119     new regulated occupation.
120          Section 2. Section 13-1b-102 is enacted to read:
121          13-1b-102. Applicability.
122          This chapter applies to any regulation of an occupation that is administered by a state
123     executive branch agency.
124          Section 3. Section 13-1b-201 is enacted to read:
125     
Part 2. Organization

126          13-1b-201. Creation of office -- Director appointed -- Personnel.
127          (1) There is created within the department the Office of Professional Licensure Review
128     to perform the functions and duties described in this chapter.
129          (2) The office is under the direction and control of a director appointed by the
130     executive director with approval of the governor.
131          (3) The executive director shall establish the salary of the director in accordance with
132     standards established by the Division of Human Resource Management.
133          Section 4. Section 13-1b-202 is enacted to read:
134          13-1b-202. Powers of the director and the office.
135          (1) The director may employ personnel necessary to carry out the duties and
136     responsibilities of the office at salaries determined by the executive director in accordance with

137     standards established by the Division of Human Resource Management.
138          (2) The office may:
139          (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
140     Rulemaking Act, to administer the responsibilities of the office described in this chapter,
141     including rules creating criteria for conducting a sunrise review or a periodic review;
142          (b) make recommendations to other state executive branch agencies regarding
143     regulated occupations; and
144          (c) survey stakeholders regarding appropriate criteria for conducting a sunrise review
145     or a periodic review.
146          (3) A state executive branch agency may adopt or reject a recommendation described
147     in Subsection (2)(b).
148          Section 5. Section 13-1b-203 is enacted to read:
149          13-1b-203. Duties.
150          The office shall:
151          (1) for each application submitted in accordance with Section 13-1b-301, conduct a
152     sunrise review in accordance with Section 13-1b-302 before November 1:
153          (a) of the year in which the application is submitted, if the application is submitted on
154     or before July 1; or
155          (b) of the subsequent year, if the application is submitted after July 1;
156          (2) beginning in 2023 and in accordance with Section 13-1b-303, conduct a review of
157     each regulated occupation at least once every 10 years;
158          (3) review and respond to any legislator inquiry regarding a proposed or existing
159     regulated occupation; and
160          (4) report to the Business and Labor Interim Committee in accordance with Section
161     13-1b-304.
162          Section 6. Section 13-1b-301 is enacted to read:
163     
Part 3. Office Review and Reporting


164          13-1b-301. Application for sunrise review -- Fees.
165          (1) If a government requestor or a representative of an occupation that is not a
166     regulated occupation proposes that the state make the occupation a regulated occupation, the
167     government requestor or representative shall, before the introduction of any proposed
168     legislation, submit to the office an application for sunrise review in a form the office
169     prescribes.
170          (2) The application described in Subsection (1) shall describe:
171          (a) why making the occupation a regulated occupation is necessary to protect against
172     present, recognizable, and significant harm to the health, safety, or financial welfare of the
173     public; and
174          (b) the least restrictive regulation of the occupation that would protect against present,
175     recognizable, and significant harm to the health, safety, or financial welfare of the public.
176          (3) If a representative of an occupation submits an application in accordance with this
177     section, the application shall include a nonrefundable fee of $500.
178          (4) All application fees collected under this section shall be deposited into the General
179     Fund.
180          Section 7. Section 13-1b-302 is enacted to read:
181          13-1b-302. Review criteria.
182          In conducting a sunrise review or a periodic review, unless otherwise directed in
183     accordance with Subsection 13-1b-203(3), the office shall consider the following criteria:
184          (1) whether the regulation of the occupation is necessary to address a present,
185     recognizable, and significant harm to the health, safety, or financial welfare of the public;
186          (2) for any harm to the health, safety, or financial welfare of the public, the harm's:
187          (a) severity;
188          (b) probability; and
189          (c) permanence;
190          (3) the extent to which the proposed or existing regulation of the occupation protects

191     against or diminishes the harm described in Subsection (1);
192          (4) whether the proposed or existing regulation of the occupation:
193          (a) affects the supply of qualified practitioners;
194          (b) creates barriers to:
195          (i) service that are not in the public financial welfare or interest; or
196          (ii) entry into the occupation or related occupations;
197          (c) imposes new costs on existing practitioners;
198          (d) affects:
199          (i) license reciprocity with other jurisdictions; or
200          (ii) mobility of practitioners; or
201          (e) if the occupation involves a health care provider, impacts the health care provider's
202     ability to obtain payment of benefits for the health care provider's treatment of an illness,
203     injury, or health care condition under an insurance contract subject to Section 31A-22-618;
204          (5) if the review involves licensing, the potential alternative pathways for a person to
205     obtain a license;
206          (6) the costs to the state of regulating the occupation;
207          (7) whether the proposed or existing administering agency has sufficient expertise and
208     resources;
209          (8) the regulation of the occupation in other jurisdictions;
210          (9) the scope of the proposed or existing regulation, including:
211          (a) whether the occupation is clearly distinguishable from an already regulated
212     occupation; and
213          (b) potential for regulating only certain occupational activities;
214          (10) the potentially less burdensome alternatives to the proposed or existing regulation
215     and the effect of implementing an alternative method of regulation on:
216          (a) the health, safety, or financial welfare of the public;
217          (b) the occupation; and

218          (c) practitioners of the occupation; and
219          (11) any other criteria the office adopts, including criteria suggested in a stakeholder
220     survey.
221          Section 8. Section 13-1b-303 is enacted to read:
222          13-1b-303. Legislative prioritization of reviews.
223          (1) Before October 1 of each year, the office shall prepare and submit to the Business
224     and Labor Interim Committee a list of each periodic review that the office proposes to conduct
225     during the upcoming year, including the scope of each periodic review.
226          (2) Before December 1 of the calendar year in which the office submits a list under
227     Subsection (1), the Business and Labor Interim Committee shall:
228          (a) approve the list, with or without modification; and
229          (b) submit a copy of the approved list to the Legislative Management Committee for
230     approval, with or without modification.
231          Section 9. Section 13-1b-304 is enacted to read:
232          13-1b-304. Reporting.
233          (1) Beginning in 2024, before October 1, the office shall annually prepare and submit a
234     written report to the Business and Labor Interim Committee that describes the office's work
235     during the prior year.
236          (2) In a written report described in Subsection (1), the office shall include:
237          (a) a summary of each periodic review, each sunrise review, and each response to a
238     legislator inquiry; and
239          (b) each recommendation the office made to another state executive branch agency
240     regarding a regulated occupation.
241          Section 10. Section 58-1-301 is amended to read:
242          58-1-301. License application -- Licensing procedure.
243          (1) (a) Each license applicant shall apply to the division in writing upon forms
244     available from the division.

245          (b) Each completed application shall:
246          (i) contain documentation of the particular qualifications required of the applicant;
247          (ii) include the applicant's social security number;
248          (iii) be verified by the applicant; and
249          (iv) be accompanied by the appropriate fees.
250          (c) An applicant's social security number is a private record under Subsection
251     63G-2-302(1)(i).
252          (2) (a) The division shall issue a license to an applicant who submits a complete
253     application if the division determines that the applicant meets the qualifications of licensure.
254          (b) The division shall provide a written notice of additional proceedings to an applicant
255     who submits a complete application, but who has been, is, or will be placed under investigation
256     by the division for conduct directly bearing upon the applicant's qualifications for licensure, if
257     the outcome of additional proceedings is required to determine the division's response to the
258     application.
259          (c) The division shall provide a written notice of denial of licensure to an applicant
260     who submits a complete application if the division determines that the applicant does not meet
261     the qualifications of licensure.
262          (d) The division shall provide a written notice of incomplete application and
263     conditional denial of licensure to an applicant who submits an incomplete application, which
264     notice shall advise the applicant that the application is incomplete and that the application is
265     denied, unless the applicant corrects the deficiencies within the time period specified in the
266     notice and otherwise meets all qualifications for licensure.
267          (3) The division may only issue a license to an applicant under this title if the applicant
268     meets the requirements for that license as established under this title and by division rule made
269     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
270          (4) If an applicant meets all requirements for a specific license, the division shall issue
271     the license to the applicant.

272          (5) (a) As used in this Subsection (5):
273          (i) (A) "Competency-based licensing requirement" means a practical assessment of
274     knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
275     or profession regulated by this title, and which the director determines is at least as effective as
276     a time-based licensing requirement at demonstrating proficiency and protecting the health and
277     safety of the public.
278          (B) "Competency-based licensing requirement" may include any combination of
279     training, experience, testing, or observation.
280          (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
281     months, or years of education, training, supervised training, or other experience that an
282     applicant for licensure under this title is required to complete before receiving a license under
283     this title.
284          (B) "Time-based licensing requirement" does not include an associate degree, a
285     bachelor's degree, or a graduate degree from an accredited institution of higher education.
286          (b) Subject to Subsection (5)(c), for an occupation or profession regulated by this title
287     that has a time-based licensing requirement, the director, after consultation with the appropriate
288     board, may by division rule made in accordance with Title 63G, Chapter 3, Utah
289     Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing
290     requirement as an alternative to completing the time-based licensing requirement.
291          (c) If a time-based licensing requirement involves a program that must be approved or
292     accredited by a specific entity or board, the director may only allow an applicant to complete a
293     competency-based licensing requirement as an alternative to completing the time-based
294     licensing requirement under Subsection (5)(b) if the competency-based requirement is
295     approved or accredited by the specific entity or board as a replacement or alternative to the
296     time-based licensing requirement.
297          [(d) By October 1 of each year, the director shall provide a written report to the
298     Occupational and Professional Licensure Review Committee describing any competency-based

299     licensing requirements implemented under this Subsection (5).]
300          Section 11. Section 58-55-201 is amended to read:
301          58-55-201. Boards created -- Duties.
302          (1) There is created the Plumbers Licensing Board consisting of seven members as
303     follows:
304          (a) three members shall be licensed from among the license classifications of master or
305     journeyman plumber, of whom at least one shall represent a union organization and at least one
306     shall be selected having no union affiliation;
307          (b) three members shall be licensed plumbing contractors, of whom at least one shall
308     represent a union organization and at least one shall be selected having no union affiliation;
309     and
310          (c) one member shall be from the public at large with no history of involvement in the
311     construction trades.
312          (2) (a) There is created the Alarm System Security and Licensing Board consisting of
313     five members as follows:
314          (i) three individuals who are officers or owners of a licensed alarm business;
315          (ii) one individual from among nominees of the Utah Peace Officers Association; and
316          (iii) one individual representing the general public.
317          (b) The Alarm System Security and Licensing Board shall designate one of its
318     members on a permanent or rotating basis to:
319          (i) assist the division in reviewing complaints concerning the unlawful or
320     unprofessional conduct of a licensee; and
321          (ii) advise the division in its investigation of these complaints.
322          (c) A board member who has, under this Subsection (2)(c), reviewed a complaint or
323     advised in its investigation is disqualified from participating with the board when the board
324     serves as a presiding officer in an adjudicative proceeding concerning the complaint.
325          (3) There is created the Electricians Licensing Board consisting of seven members as

326     follows:
327          (a) three members shall be licensed from among the license classifications of master or
328     journeyman electrician, of whom at least one shall represent a union organization and at least
329     one shall be selected having no union affiliation;
330          (b) three members shall be licensed electrical contractors, of whom at least one shall
331     represent a union organization and at least one shall be selected having no union affiliation;
332     and
333          (c) one member shall be from the public at large with no history of involvement in the
334     construction trades or union affiliation.
335          (4) The duties, functions, and responsibilities of each board described in Subsections
336     (1) through (3) include the following:
337          (a) recommending to the commission appropriate rules;
338          (b) recommending to the commission policy and budgetary matters;
339          (c) approving and establishing a passing score for applicant examinations;
340          (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
341     relicensure;
342          (e) assisting the commission in establishing standards of supervision for students or
343     persons in training to become qualified to obtain a license in the occupation or profession the
344     board represents; and
345          (f) acting as presiding officer in conducting hearings associated with the adjudicative
346     proceedings and in issuing recommended orders when so authorized by the commission.
347          [(5) The division, in collaboration with the Plumbers Licensing Board and the
348     Electricians Licensing Board, shall provide a preliminary report on or before October 1, 2019,
349     and a final written report on or before June 1, 2020, to the Business and Labor Interim
350     Committee and the Occupational and Professional Licensure Review Committee that provides
351     recommendations for consistent educational and training standards for plumber and electrician
352     apprentice programs in the state, including recommendations for education and training

353     provided by all providers, including institutions of higher education and technical colleges.]
354          Section 12. Section 63I-1-213 is amended to read:
355          63I-1-213. Repeal dates, Title 13.
356          (1) Title 13, Chapter 1b, Office of Professional Licensure Review, is repealed July 1,
357     2034.
358          [(1)] (2) Section 13-32a-112, which creates the Pawnshop and Secondhand
359     Merchandise Advisory Board, is repealed July 1, 2027.
360          [(2)] (3) Section 13-35-103, which creates the Powersport Motor Vehicle Franchise
361     Advisory Board, is repealed July 1, 2022.
362          [(3)] (4) Section 13-43-202, which creates the Land Use and Eminent Domain
363     Advisory Board, is repealed July 1, 2026.
364          Section 13. Repealer.
365          This bill repeals:
366          Section 36-23-101, Title.
367          Section 36-23-101.5, Definitions.
368          Section 36-23-102, Occupational and Professional Licensure Review Committee.
369          Section 36-23-103, Committee terms -- Vacancies.
370          Section 36-23-104, Committee meetings -- Compensation -- Quorum -- Legislative
371     rules.
372          Section 36-23-105, Applications -- Fees.
373          Section 36-23-106, Duties -- Reporting.
374          Section 36-23-107, Sunrise or sunset review -- Criteria.
375          Section 36-23-108, Staff support.
376          Section 36-23-109, Review of state regulation of occupations.
377          Section 58-1-110, Legislative review in Title 58, Occupations and Professions.