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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:
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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:
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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
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 [
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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 [
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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 [
359 Merchandise Advisory Board, is repealed July 1, 2027.
360 [
361 Advisory Board, is repealed July 1, 2022.
362 [
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.