1     
OCCUPATIONAL AND PROFESSIONAL LICENSING

2     
MODIFICATIONS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis S. Bramble

6     
House Sponsor: Joel Ferry

7     

8     LONG TITLE
9     Committee Note:
10          The Business and Labor Interim Committee recommended this bill.
11               Legislative Vote:     14 voting for     0 voting against     7 absent
12     General Description:
13          This bill modifies provisions related to licensed professions.
14     Highlighted Provisions:
15          This bill:
16          ▸     amends defined terms;
17          ▸     modifies licensing board duties;
18          ▸     amends license application requirements;
19          ▸     modifies the Division of Occupational and Professional Licensing's (division)
20     authority to grant a license by endorsement;
21          ▸     removes good moral character provisions for certain licensed professions;
22          ▸     amends the definition of "practice of environmental health science";
23          ▸     modifies provisions related to speech-language pathology and audiology;
24          ▸     amends provisions related to unprofessional conduct for certain professions;
25          ▸     modifies the division's citation authority for certain unprofessional conduct for the
26     construction trades;
27          ▸     modifies provisions related to armored car company and contract security company

28     license qualifications;
29          ▸     amends provisions related to chiropractic physician license qualifications; and
30          ▸     makes technical and conforming changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          26-2-2, as last amended by Laws of Utah 2020, Chapter 251
38          58-1-202, as last amended by Laws of Utah 2018, Chapter 129
39          58-1-301, as last amended by Laws of Utah 2019, Chapter 133
40          58-1-302, as last amended by Laws of Utah 2020, Chapter 339
41          58-3a-302, as last amended by Laws of Utah 2020, Chapter 339
42          58-9-302, as last amended by Laws of Utah 2018, Chapter 326
43          58-16a-302, as last amended by Laws of Utah 2020, Chapter 339
44          58-20b-102, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
45          58-22-102, as last amended by Laws of Utah 2020, Chapter 339
46          58-28-304, as last amended by Laws of Utah 2020, Chapter 339
47          58-31b-303, as last amended by Laws of Utah 2006, Chapter 291
48          58-41-4, as last amended by Laws of Utah 2019, Chapter 349
49          58-44a-302, as last amended by Laws of Utah 2016, Chapter 238
50          58-55-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
51          58-55-302, as last amended by Laws of Utah 2020, Chapter 339
52          58-55-502, as last amended by Laws of Utah 2011, Chapters 170 and 413
53          58-55-503, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
54          58-63-102, as last amended by Laws of Utah 2017, Chapter 197
55          58-63-302, as last amended by Laws of Utah 2020, Chapter 339
56          58-73-302, as last amended by Laws of Utah 2020, Chapter 339
57          58-73-501, as last amended by Laws of Utah 1998, Chapter 26
58          58-83-302, as enacted by Laws of Utah 2010, Chapter 180

59          62A-3-202, as last amended by Laws of Utah 2018, Chapter 60
60     RENUMBERS AND AMENDS:
61          58-15-101, (Renumbered from 58-15-1, as enacted by Laws of Utah 1985, Chapter 49)
62          58-15-102, (Renumbered from 58-15-2, as last amended by Laws of Utah 2016,
63     Chapter 238)
64          58-15-201, (Renumbered from 58-15-3, as last amended by Laws of Utah 2011,
65     Chapter 366)
66          58-15-301, (Renumbered from 58-15-4, as last amended by Laws of Utah 2009,
67     Chapter 183)
68          58-15-302, (Renumbered from 58-15-4.5, as enacted by Laws of Utah 1993, Chapter
69     297)
70          58-15-303, (Renumbered from 58-15-11, as last amended by Laws of Utah 2020,
71     Chapter 339)
72          58-15-401, (Renumbered from 58-15-12, as enacted by Laws of Utah 1993, Chapter
73     297)
74          58-15-501, (Renumbered from 58-15-10, as repealed and reenacted by Laws of Utah
75     1993, Chapter 297)
76     REPEALS:
77          58-5a-305, as last amended by Laws of Utah 1996, Chapter 232
78     

79     Be it enacted by the Legislature of the state of Utah:
80          Section 1. Section 26-2-2 is amended to read:
81          26-2-2. Definitions.
82          As used in this chapter:
83          (1) "Adoption document" means an adoption-related document filed with the office, a
84     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
85     in support of a supplementary birth certificate.
86          (2) "Custodial funeral service director" means a funeral service director who:
87          (a) is employed by a licensed funeral establishment; and
88          (b) has custody of a dead body.
89          (3) "Dead body" or "decedent" means a human body or parts of the human body from

90     the condition of which it reasonably may be concluded that death occurred.
91          (4) "Dead fetus" means a product of human conception, other than those circumstances
92     described in Subsection 76-7-301(1):
93          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual
94     period began to the date of delivery; and
95          (b) that was not born alive.
96          (5) "Declarant father" means a male who claims to be the genetic father of a child, and,
97     along with the biological mother, signs a voluntary declaration of paternity to establish the
98     child's paternity.
99          (6) "Dispositioner" means:
100          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
101     having the right and duty to control the disposition of the decedent, if the person voluntarily
102     acts as the dispositioner; or
103          (b) the next of kin of the decedent, if:
104          (i) (A) a person has not been designated as described in Subsection (6)(a); or
105          (B) the person described in Subsection (6)(a) is unable or unwilling to exercise the
106     right and duty described in Subsection (6)(a); and
107          (ii) the next of kin voluntarily acts as the dispositioner.
108          (7) "Fetal remains" means:
109          (a) an aborted fetus as that term is defined in Section 26-21-33; or
110          (b) a miscarried fetus as that term is defined in Section 26-21-34.
111          (8) "File" means the submission of a completed certificate or other similar document,
112     record, or report as provided under this chapter for registration by the state registrar or a local
113     registrar.
114          (9) "Funeral service director" means the same as that term is defined in Section
115     58-9-102.
116          (10) "Health care facility" means the same as that term is defined in Section 26-21-2.
117          (11) "Health care professional" means a physician, physician assistant, [or] nurse
118     practitioner, or certified nurse midwife.
119          (12) "Licensed funeral establishment" means:
120          (a) if located in Utah, a funeral service establishment, as that term is defined in Section

121     58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
122          (b) if located in a state, district, or territory of the United States other than Utah, a
123     funeral service establishment that complies with the licensing laws of the jurisdiction where the
124     establishment is located.
125          (13) "Live birth" means the birth of a child who shows evidence of life after the child is
126     entirely outside of the mother.
127          (14) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
128          (15) "Nurse practitioner" means an individual who:
129          (a) is licensed to practice as an advanced practice registered nurse under Title 58,
130     Chapter 31b, Nurse Practice Act; and
131          (b) has completed an education program regarding the completion of a certificate of
132     death developed by the department by administrative rule made in accordance with Title 63G,
133     Chapter 3, Utah Administrative Rulemaking Act.
134          (16) "Office" means the Office of Vital Records and Statistics within the Department
135     of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
136          (17) "Physician" means a person licensed to practice as a physician or osteopath in this
137     state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
138     Osteopathic Medical Practice Act.
139          (18) "Physician assistant" means an individual who:
140          (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah
141     Physician Assistant Act; and
142          (b) has completed an education program regarding the completion of a certificate of
143     death developed by the department by administrative rule made in accordance with Title 63G,
144     Chapter 3, Utah Administrative Rulemaking Act.
145          (19) "Presumed father" means the father of a child conceived or born during a marriage
146     as defined in Section 30-1-17.2.
147          (20) "Registration" or "register" means acceptance by the local or state registrar of a
148     certificate and incorporation of the certificate into the permanent records of the state.
149          (21) "State registrar" means the state registrar of vital records appointed under
150     Subsection 26-2-3(2)(e).
151          (22) "Vital records" means:

152          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
153     dissolution of marriage, or annulment;
154          (b) amendments to any of the registered certificates or reports described in Subsection
155     (22)(a);
156          (c) an adoption document; and
157          (d) other similar documents.
158          (23) "Vital statistics" means the data derived from registered certificates and reports of
159     birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
160     marriage, or annulment.
161          Section 2. Section 58-1-202 is amended to read:
162          58-1-202. Boards -- Duties, functions, and responsibilities.
163          (1) The duties, functions, and responsibilities of each board established under this title
164     include the following:
165          (a) recommending to the director appropriate rules and statutory changes, including
166     changes to remove regulations that are no longer necessary or effective in protecting the public
167     and enhancing commerce;
168          (b) recommending to the director policy and budgetary matters;
169          (c) approving and establishing a passing score for applicant examinations;
170          (d) screening applicants and recommending licensing, renewal, reinstatement, and
171     relicensure actions to the director in writing;
172          (e) assisting the director in establishing standards of supervision for students or persons
173     in training to become qualified to obtain a license in the occupation or profession it represents;
174     and
175          (f) acting as presiding officer in conducting hearings associated with adjudicative
176     proceedings and in issuing recommended orders when so designated by the director.
177          (2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah
178     Construction Trades Licensing Act.
179          (3) (a) Each board or commission established under this title may recommend to the
180     appropriate legislative committee whether the board or commission supports a change to a
181     licensing act.
182          (b) This Subsection (3) does not:

183          (i) require a board's approval to amend a practice act; and
184          (ii) apply to technical or clarifying amendments to a practice act.
185          Section 3. Section 58-1-301 is amended to read:
186          58-1-301. License application -- Licensing procedure.
187          (1) (a) Each license applicant shall apply to the division in writing upon forms
188     available from the division.
189          (b) Each completed application shall:
190          (i) contain documentation of the particular qualifications required of the applicant
191     under this title or rules made by the division;
192          (ii) include the applicant's full legal name and social security number;
193          (iii) be verified by the applicant; and
194          (iv) be accompanied by the appropriate fees.
195          (c) An applicant's social security number is a private record under Subsection
196     63G-2-302(1)(i).
197          (2) (a) The division shall issue a license to an applicant who submits a complete
198     application if the division determines that the applicant meets the qualifications of licensure.
199          (b) The division shall provide a written notice of additional proceedings to an applicant
200     who submits a complete application, but who has been, is, or will be placed under investigation
201     by the division for conduct directly bearing upon the applicant's qualifications for licensure, if
202     the outcome of additional proceedings is required to determine the division's response to the
203     application.
204          (c) The division shall provide a written notice of denial of licensure to an applicant
205     who submits a complete application if the division determines that the applicant does not meet
206     the qualifications of licensure.
207          (d) The division shall provide a written notice of incomplete application and
208     conditional denial of licensure to an applicant who submits an incomplete application, which
209     notice shall advise the applicant that the application is incomplete and that the application is
210     denied, unless the applicant corrects the deficiencies within the time period specified in the
211     notice and otherwise meets all qualifications for licensure.
212          (3) The division may only issue a license to an applicant under this title if the applicant
213     meets the requirements for that license as established under this title and by division rule made

214     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
215          (4) If an applicant meets all requirements for a specific license, the division shall issue
216     the license to the applicant.
217          (5) (a) As used in this Subsection (5):
218          (i) (A) "Competency-based licensing requirement" means a practical assessment of
219     knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
220     or profession regulated by this title, and which the director determines is at least as effective as
221     a time-based licensing requirement at demonstrating proficiency and protecting the health and
222     safety of the public.
223          (B) "Competency-based licensing requirement" may include any combination of
224     training, experience, testing, or observation.
225          (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
226     months, or years of education, training, supervised training, or other experience that an
227     applicant for licensure under this title is required to complete before receiving a license under
228     this title.
229          (B) "Time-based licensing requirement" does not include an associate degree, a
230     bachelor's degree, or a graduate degree from an accredited institution of higher education.
231          (b) Subject to Subsection (5)(c), for an occupation or profession regulated by this title
232     that has a time-based licensing requirement, the director, after consultation with the appropriate
233     board, may by division rule made in accordance with Title 63G, Chapter 3, Utah
234     Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing
235     requirement as an alternative to completing the time-based licensing requirement.
236          (c) If a time-based licensing requirement involves a program that must be approved or
237     accredited by a specific entity or board, the director may only allow an applicant to complete a
238     competency-based licensing requirement as an alternative to completing the time-based
239     licensing requirement under Subsection (5)(b) if the competency-based requirement is
240     approved or accredited by the specific entity or board as a replacement or alternative to the
241     time-based licensing requirement.
242          (d) By October 1 of each year, the director shall provide a written report to the
243     Occupational and Professional Licensure Review Committee describing any competency-based
244     licensing requirements implemented under this Subsection (5).

245          Section 4. Section 58-1-302 is amended to read:
246          58-1-302. License by endorsement.
247          (1) Subject to Subsections [(2), (3), (4), and (5)] (3) through (6), the division shall
248     issue a license [without examination] to a person who has been licensed in a state, district, or
249     territory of the United States if:
250          (a) after being licensed outside of this state, the person has at least one year of
251     experience in the state, district, or territory of the United States where the license was issued;
252          (b) the person's license is in good standing in the state, district, or territory of the
253     United States where the license was issued; and
254          (c) the division determines that the license issued by the state, district, or territory of
255     the United States encompasses a similar scope of practice as the license sought in this state.
256          (2) Subject to Subsections (3) through (6), the division may issue a license to a person
257     who:
258          (a) has been licensed in a state, district, or territory of the United States, or in a
259     jurisdiction outside of the United States, if:
260          (i) (A) after being licensed, the person has at least one year of experience in the
261     jurisdiction where the license was issued; and
262          (B) the division determines that the person's education, experience, and skills
263     demonstrate competency in the occupation or profession for which the person seeks licensure;
264     or
265          (ii) the division determines that the licensure requirements of the jurisdiction at the
266     time the license was issued were substantially similar to the current licensure requirements of
267     this state; or
268          (b) has never been licensed in a state, district, or territory of the United States, or in a
269     jurisdiction outside of the United States, if:
270          (i) the person was educated in or obtained relevant experience in a state, district, or
271     territory of the United States, or a jurisdiction outside of the United States; and
272          (ii) the division determines that the education or experience was substantially similar to
273     the current education or experience requirements for licensure in this state.
274           [(2)] (3) The division, in consultation with the applicable licensing board, may make
275     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

276     prescribing the administration and requirements of this section.
277          [(3) Notwithstanding the provisions of Subsection (1), the]
278          (4) The division may refuse to issue a license to a person under the provisions of this
279     section if:
280          (a) the division determines that there is reasonable cause to believe that the person is
281     not qualified to receive a license in this state; or
282          (b) the person has a previous or pending disciplinary action related to the person's
283     license.
284          [(4)] (5) Before a person may be issued a license under this section, the person shall:
285          (a) pay a fee determined by the department under Section 63J-1-504; and
286          (b) produce satisfactory evidence of the person's identity, qualifications, and good
287     standing in the occupation or profession for which licensure is sought.
288          [(5)] (6) In accordance with Section 58-1-107, licensure endorsement provisions in this
289     section are subject to and may be supplemented or altered by licensure endorsement provisions
290     or multistate licensure compacts in specific chapters of this title.
291          [(6)] (7) On or before October 1, 2022, the division shall provide a written report to the
292     Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
293     provisions of this section at ensuring that persons receiving a license without examination
294     under the provisions of this section are qualified to receive a license in this state.
295          Section 5. Section 58-3a-302 is amended to read:
296          58-3a-302. Qualifications for licensure.
297          (1) Except as provided in Subsection (2), each applicant for licensure as an architect
298     shall:
299          (a) submit an application in a form prescribed by the division;
300          (b) pay a fee determined by the department under Section 63J-1-504;
301          (c) have graduated and received an earned bachelors or masters degree from an
302     architecture program meeting criteria established by rule by the division in collaboration with
303     the board;
304          (d) have successfully completed a program of diversified practical experience
305     established by rule by the division in collaboration with the board;
306          (e) have successfully passed examinations established by rule by the division in

307     collaboration with the board; and
308          (f) meet with the board or representative of the division upon request for the purpose of
309     evaluating the applicant's qualifications for license.
310          (2) Each applicant for licensure as an architect by endorsement shall:
311          (a) submit an application in a form prescribed by the division;
312          (b) pay a fee determined by the department under Section 63J-1-504;
313          (c) submit satisfactory evidence of:
314          (i) (A) current licensure in good standing in a jurisdiction recognized by rule by the
315     division in collaboration with the board; and
316          [(ii)] (B) current certification from the National Council of Architectural Registration
317     Boards; or
318          [(iii)] (ii) (A) current license in good standing in a jurisdiction recognized by rule by
319     the division in collaboration with the board; and
320          [(iv)] (B) full-time employment as a licensed architect as a principal for at least five of
321     the last seven years immediately preceding the date of the application;
322          (d) have successfully passed [any] an examination established by rule by the division in
323     collaboration with the board; and
324          (e) meet with the board or representative of the division upon request for the purpose
325     of evaluating the applicant's qualifications for license.
326          Section 6. Section 58-9-302 is amended to read:
327          58-9-302. Qualifications for licensure.
328          (1) Each applicant for licensure as a funeral service director shall:
329          (a) submit an application in a form prescribed by the division;
330          (b) pay a fee as determined by the department under Section 63J-1-504;
331          [(c) be of good moral character in that the applicant has not been convicted of:]
332          [(i) a first or second degree felony;]
333          [(ii) a misdemeanor involving moral turpitude; or]
334          [(iii) any other crime that when considered with the duties and responsibilities of a
335     funeral service director is considered by the division and the board to indicate that the best
336     interests of the public are not served by granting the applicant a license;]
337          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education

338     degree;
339          [(e)] (d) have obtained an associate degree, or its equivalent, in mortuary science from
340     a school of funeral service accredited by the American Board of Funeral Service Education or
341     other accrediting body recognized by the U.S. Department of Education;
342          [(f)] (e) have completed not less than 2,000 hours and 50 embalmings, over a period of
343     not less than one year, of satisfactory performance in training as a licensed funeral service
344     intern under the supervision of a licensed funeral service director; and
345          [(g)] (f) obtain a passing score on examinations approved by the division in
346     collaboration with the board.
347          (2) Each applicant for licensure as a funeral service intern shall:
348          (a) submit an application in a form prescribed by the division;
349          (b) pay a fee as determined by the department under Section 63J-1-504;
350          [(c) be of good moral character in that the applicant has not been convicted of:]
351          [(i) a first or second degree felony;]
352          [(ii) a misdemeanor involving moral turpitude; or]
353          [(iii) any other crime that when considered with the duties and responsibilities of a
354     funeral service intern is considered by the division and the board to indicate that the best
355     interests of the public are not served by granting the applicant a license;]
356          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education
357     degree; and
358          [(e)] (d) obtain a passing score on an examination approved by the division in
359     collaboration with the board.
360          (3) Each applicant for licensure as a funeral service establishment and each funeral
361     service establishment licensee shall:
362          (a) submit an application in a form prescribed by the division;
363          (b) pay a fee as determined by the department under Section 63J-1-504;
364          (c) have in place:
365          (i) an embalming room for preparing dead human bodies for burial or final disposition,
366     which may serve one or more facilities operated by the applicant;
367          (ii) a refrigeration room that maintains a temperature of not more than 40 degrees
368     fahrenheit for preserving dead human bodies prior to burial or final disposition, which may

369     serve one or more facilities operated by the applicant; and
370          (iii) maintain at all times a licensed funeral service director who is responsible for the
371     day-to-day operation of the funeral service establishment and who is personally available to
372     perform the services for which the license is required;
373          (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
374     director if the funeral service establishment sells preneed funeral arrangements;
375          (e) file with the completed application a copy of each form of contract or agreement the
376     applicant will use in the sale of preneed funeral arrangements;
377          (f) provide evidence of appropriate licensure with the Insurance Department if the
378     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
379     in part by an insurance policy or product to be sold by the provider or the provider's sales
380     agent; and
381          (g) if the applicant intends to offer alkaline hydrolysis in a funeral service
382     establishment, provide evidence that in accordance with rules made by the division in
383     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
384          (i) the funeral service establishment meets the minimum standards for the handling,
385     holding, and processing of deceased human remains in a safe, clean, private, and respectful
386     manner; and
387          (ii) all operators of the alkaline hydrolysis equipment have received adequate training.
388          (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
389          (a) submit an application in a form prescribed by the division;
390          (b) pay a fee as determined by the department under Section 63J-1-504;
391          [(c) be of good moral character in that the applicant has not been convicted of:]
392          [(i) a first or second degree felony;]
393          [(ii) a misdemeanor involving moral turpitude; or]
394          [(iii) any other crime that when considered with the duties and responsibilities of a
395     preneed funeral sales agent is considered by the division and the board to indicate that the best
396     interests of the public are not served by granting the applicant a license;]
397          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education
398     degree;
399          [(e)] (d) have obtained a passing score on an examination approved by the division in

400     collaboration with the board;
401          [(f)] (e) affiliate with a licensed funeral service establishment; and
402          [(g)] (f) provide evidence of appropriate licensure with the Insurance Department if the
403     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
404     in part by an insurance policy or product.
405          Section 7. Section 58-15-101, which is renumbered from Section 58-15-1 is
406     renumbered and amended to read:
407     
CHAPTER 15. HEALTH FACILITY ADMINISTRATOR ACT

408     
Part 1. General Provisions

409          [58-15-1].      58-15-101. Title.
410          This chapter is known as the "Health Facility Administrator Act."
411          Section 8. Section 58-15-102, which is renumbered from Section 58-15-2 is
412     renumbered and amended to read:
413          [58-15-2].      58-15-102. Definitions.
414          In addition to the definitions in Section 58-1-102, as used in this chapter:
415          (1) "Administrator" means a person who is charged with the general administration of a
416     health facility, regardless of whether [that]:
417          (a) the person has an ownership interest in the facility [and whether his]; or
418          (b) the person's functions and duties are shared with one or more persons.
419          (2) "Board" means the Health Facility Administrators Licensing Board created in
420     Section [58-15-3] 58-15-201.
421          (3) "Health facility" means a skilled nursing facility, an intermediate care facility, or an
422     intermediate care facility for individuals with an intellectual disability.
423          (4) "Intermediate care facility" means an institution that provides, on a regular basis,
424     health care and services to individuals who do not require the degree of care and treatment a
425     hospital or skilled nursing facility provides, but who require health care and services in
426     addition to room and board.
427          (5) "Intermediate care facility for people with an intellectual disability" means an
428     institution that provides, on a regular basis, health-related care and service to individuals with
429     intellectual disabilities as defined in Section 68-3-12.5 or individuals with related conditions,
430     who do not require the degree of care and treatment a hospital or skilled nursing facility

431     provides, but who require health-related care and services above the need for room and board.
432          (6) "Skilled nursing facility" means an institution primarily providing inpatients with
433     skilled nursing care and related services on a continuing basis for patients who require mental,
434     medical, or nursing care, or service for the rehabilitation of an injured individual, a sick
435     individual, or an individual with a disability.
436          (7) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
437     defined by rule includes:
438          (a) intentionally filing a false report or record, intentionally failing to file a report or
439     record required by state or federal law, or [wilfully] willfully impeding or obstructing the filing
440     of a required report. These reports or records only include those which are signed in the
441     capacity of a licensed health facility administrator; and
442          (b) acting in a manner inconsistent with the health and safety of the patients of the
443     health facility in which he is the administrator.
444          Section 9. Section 58-15-201, which is renumbered from Section 58-15-3 is
445     renumbered and amended to read:
446     
Part 2. Board

447          [58-15-3].      58-15-201. Health Facility Administrators Licensing Board.
448          (1) There is created a Health Facility Administrators Licensing Board consisting of:
449          (a) one administrator from a skilled nursing facility[,];
450          (b) two administrators from intermediate care facilities[,];
451          (c) one administrator from an intermediate care facility for people with an intellectual
452     disability[,]; and
453          (d) one member from the general public.
454          (2) The board shall be appointed and serve in accordance with Section 58-1-201.
455          (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
456     58-1-202 and 58-1-203.
457          (b) The board, in collaboration with the division, may establish continuing education
458     requirements by rule.
459          (c) Board members may not receive compensation for their involvement in continuing
460     education programs.
461          Section 10. Section 58-15-301, which is renumbered from Section 58-15-4 is

462     renumbered and amended to read:
463     
Part 3. Licensing

464          [58-15-4].      58-15-301. Licensure requirements.
465          (1) An applicant for a license under this chapter shall submit to the division a written
466     application [to the division, verified under oath, that the applicant is of good moral character as
467     it relates to the functions and responsibilities of the practice of administration of a health
468     facility] in a form prescribed by the division.
469          (2) After July 1, 1985, all new applicants are required to have[, in addition to
470     Subsection (1),] the education or experience requirements as established by rule and as
471     approved by the division.
472          (3) The applicant shall pay [a fee to the Department of Commerce determined by it
473     pursuant to] to the department a fee in an amount determined by the department in accordance
474     with Section 63J-1-504 for:
475          (a) admission to the examination[, for];
476          (b) an initial license[, and for]; and
477          (c) a renewal license.
478          (4) (a) The applicant shall pass a written examination in subjects determined by the
479     board.
480          (b) Upon the applicant passing the examination described in Subsection (4)(a) and
481     [payment of] paying the license fee described in Subsection (3), the board shall recommend
482     issuance to the applicant of a license to practice as a health facility administrator.
483          (5) (a) A temporary license may be issued without examination to a person who meets
484     the requirements established by statute and by rule for an administrator. [The]
485          (b) A temporary license may be issued only:
486          (i) to fill a position of administrator that unexpectedly becomes vacant; and [may be
487     issued for only a single period not to exceed six months.]
488          (ii) for a single period of six months or less.
489          [(6) A license may be granted to an applicant who is a licensed nursing home
490     administrator in another state if the standards for licensure in the other state are equivalent to
491     those criteria set forth in Subsections (1) and (2), and if the applicant is otherwise qualified.]
492          Section 11. Section 58-15-302, which is renumbered from Section 58-15-4.5 is

493     renumbered and amended to read:
494          [58-15-4.5].      58-15-302. Term of license -- Expiration -- Renewal.
495          (1) (a) Each license issued under this chapter shall be issued in accordance with a
496     two-year renewal cycle established by rule.
497          (b) A renewal period described in Subsection (1)(a) may be extended or shortened by
498     as much as one year to maintain established renewal cycles or to change an established renewal
499     cycle.
500          (2) Each license automatically expires on the expiration date shown on the license
501     unless renewed by the licensee in accordance with Section 58-1-308.
502          Section 12. Section 58-15-303, which is renumbered from Section 58-15-11 is
503     renumbered and amended to read:
504          [58-15-11].      58-15-303. Exemptions to chapter.
505          (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
506     apply to:
507          (a) a facility of a recognized church or denomination that cares for the sick and
508     suffering by mental or spiritual means if no drug or material remedy is used in the care
509     provided; or
510          (b) the superintendent of the Utah State Developmental Center described in Section
511     62A-5-201.
512          (2) Any facility or person exempted under this section shall comply with each statute
513     and rule on sanitation and life safety.
514          Section 13. Section 58-15-401, which is renumbered from Section 58-15-12 is
515     renumbered and amended to read:
516     
Part 4. License Denial and Discipline

517          [58-15-12].      58-15-401. Grounds for denial of license -- Disciplinary
518     proceedings.
519          Grounds for refusal to issue a license to an applicant, for refusal to renew the license of
520     a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
521     public or private reprimand to a licensee, and to issue cease and desist orders shall be in
522     accordance with Section 58-1-401.
523          Section 14. Section 58-15-501, which is renumbered from Section 58-15-10 is

524     renumbered and amended to read:
525     
Part 5. Unlawful Conduct

526          [58-15-10].      58-15-501. Penalty for unlawful conduct.
527          [Any] A person who violates the unlawful conduct provisions defined in Subsection
528     58-1-501(1) is guilty of a class B misdemeanor.
529          Section 15. Section 58-16a-302 is amended to read:
530          58-16a-302. Qualifications for licensure.
531          [(1)] An applicant for licensure as an optometrist shall:
532          [(a)] (1) submit an application in a form prescribed by the division;
533          [(b)] (2) pay a fee as determined by the division under Section 63J-1-504;
534          [(c) (i)] (3) (a) be a doctoral graduate of a recognized school of optometry accredited
535     by the American Optometric Association's Accreditation Council on Optometric Education; or
536          [(ii)] (b) be a graduate of a school of optometry located outside the United States that
537     meets the criteria that would qualify the school for accreditation under Subsection [(1)(c)(i)]
538     (3)(a), as demonstrated by the applicant for licensure;
539          [(d)] (4) if the applicant graduated from a recognized school of optometry prior to July
540     1, 1996, have successfully completed a course of study satisfactory to the division, in
541     consultation with the board, in general and ocular pharmacology and emergency medical care;
542          [(e)] (5) have passed examinations approved by the division in consultation with the
543     board that include:
544          [(i)] (a) a standardized national optometry examination;
545          [(ii)] (b) a standardized clinical examination; and
546          [(iii)] (c) a standardized national therapeutics examination; and
547          [(f)] (6) meet with the board and representatives of the division, if requested by either
548     party, for the purpose of evaluating the applicant's qualifications for licensure.
549          [(2) Notwithstanding Subsection (1) and Section 58-1-302, the division shall issue a
550     license under this chapter by endorsement to an individual who:]
551          [(a) submits an application for licensure by endorsement on a form approved by the
552     division;]
553          [(b) pays a fee established by the division in accordance with Section 63J-1-504;]
554          [(c) verifies that the individual is licensed as an optometrist in good standing in each

555     state of the United States, or province of Canada, in which the individual is currently licensed
556     as an optometrist; and]
557          [(d) has been actively engaged in the legal practice of optometry for at least 3,200
558     hours during the immediately preceding two years in a manner consistent with the legal
559     practice of optometry in this state.]
560          Section 16. Section 58-20b-102 is amended to read:
561          58-20b-102. Definitions.
562          In addition to the definitions in Section 58-1-102, as used in this chapter:
563          (1) "Accredited program" means a degree-offering program from:
564          (a) an institution, college, or university that is accredited by the Department of
565     Education or the Council for Higher Education Accreditation; or
566          (b) a non-accredited institution, college, or university that offers education equivalent
567     to Department of Education-accredited programs, as determined by a third party selected by the
568     board.
569          (2) "Board" means the Environmental Health Scientist Board created in Section
570     58-20b-201.
571          (3) "General supervision" means the supervising environmental health scientist is
572     available for immediate voice communication with the person he or she is supervising.
573          (4) "Practice of environmental health science" means:
574          (a) the enforcement of, the issuance of permits required by, or the inspection for the
575     purpose of enforcing state and local public health laws in the following areas:
576          (i) air quality;
577          (ii) food [quality] safety;
578          (iii) solid, hazardous, and toxic substances disposal;
579          (iv) consumer product safety;
580          (v) housing;
581          (vi) noise control;
582          (vii) radiation protection;
583          (viii) water quality;
584          (ix) vector control;
585          (x) drinking water quality;

586          (xi) milk sanitation;
587          (xii) rabies control;
588          (xiii) public health nuisances;
589          (xiv) indoor clean air regulations;
590          (xv) institutional and residential sanitation; or
591          (xvi) recreational facilities sanitation; or
592          (b) representing oneself in any manner as, or using the titles "environmental health
593     scientist," "environmental health scientist-in-training," or "registered sanitarian."
594          (5) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
595          (6) "Unprofessional conduct" means the same as that term is defined in Sections
596     58-1-501 and 58-20b-501 and as may be further defined by division rule.
597          Section 17. Section 58-22-102 is amended to read:
598          58-22-102. Definitions.
599          In addition to the definitions in Section 58-1-102, as used in this chapter:
600          (1) "Board" means the Professional Engineers and Professional Land Surveyors
601     Licensing Board created in Section 58-22-201.
602          (2) "Building" means a structure which has human occupancy or habitation as its
603     principal purpose, and includes the structural, mechanical, and electrical systems, utility
604     services, and other facilities required for the building, and is otherwise governed by the State
605     Construction Code or an approved code under Title 15A, State Construction and Fire Codes
606     Act.
607          (3) "Complete construction plans" means a final set of plans, specifications, and reports
608     for a building or structure that normally includes:
609          (a) floor plans;
610          (b) elevations;
611          (c) site plans;
612          (d) foundation, structural, and framing detail;
613          (e) electrical, mechanical, and plumbing design;
614          (f) information required by the energy code;
615          (g) specifications and related calculations as appropriate; and
616          (h) all other documents required to obtain a building permit.

617          (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation
618     Board for Engineering and Technology.
619          (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
620     Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
621          (6) "NCEES" means the National Council of Examiners for Engineering and
622     Surveying.
623          (7) "Principal" means a licensed professional engineer, professional structural engineer,
624     or professional land surveyor having responsible charge of an organization's professional
625     engineering, professional structural engineering, or professional land surveying practice.
626          (8) "Professional engineer" means a person licensed under this chapter as a
627     professional engineer.
628          (9) (a) "Professional engineering," "the practice of engineering," or "the practice of
629     professional engineering" means a service or creative work, the adequate performance of which
630     requires engineering education, training, and experience in the application of special
631     knowledge of the mathematical, physical, and engineering sciences to the service or creative
632     work as consultation, investigation, evaluation, planning, design, and design coordination of
633     engineering works and systems, planning the use of land and water, facility programming,
634     performing engineering surveys and studies, and the review of construction for the purpose of
635     monitoring compliance with drawings and specifications; any of which embraces these services
636     or work, either public or private, in connection with any utilities, structures, buildings,
637     machines, equipment, processes, work systems, projects, and industrial or consumer products
638     or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and
639     including other professional services as may be necessary to the planning, progress, and
640     completion of any engineering services.
641          (b) "The practice of professional engineering" does not include the practice of
642     architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform
643     architecture work as is incidental to the practice of engineering.
644          (10) "Professional engineering intern" means a person who:
645          (a) has completed the education requirements to become a professional engineer;
646          (b) has passed the fundamentals of engineering examination; and
647          (c) is engaged in obtaining the four years of qualifying experience for licensure under

648     the [direct] supervision of a licensed professional engineer.
649          (11) "Professional land surveying" or "the practice of land surveying" means a service
650     or work, the adequate performance of which requires the application of special knowledge of
651     the principles of mathematics, the related physical and applied sciences, and the relevant
652     requirements of law for adequate evidence to the act of measuring and locating lines, angles,
653     elevations, natural and man-made features in the air, on the surface of the earth, within
654     underground workings, and on the beds of bodies of water for the purpose of determining areas
655     and volumes, for the monumenting or locating of property boundaries or points controlling
656     boundaries, and for the platting and layout of lands and subdivisions of lands, including the
657     topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
658     record plats, field notes records, and property descriptions that represent these surveys and
659     other duties as sound surveying practices could direct.
660          (12) "Professional land surveyor" means an individual licensed under this chapter as a
661     professional land surveyor.
662          (13) "Professional structural engineer" means a person licensed under this chapter as a
663     professional structural engineer.
664          (14) (a) "Professional structural engineering" or "the practice of structural engineering"
665     means a service or creative work providing structural engineering services for significant
666     structures, including:
667          (i) buildings and other structures representing a substantial hazard to human life, which
668     include:
669          (A) buildings and other structures whose primary occupancy is public assembly with an
670     occupant load greater than 300;
671          (B) buildings and other structures with elementary school, secondary school, or day
672     care facilities with an occupant load greater than 250;
673          (C) buildings and other structures with an occupant load greater than 500 for colleges
674     or adult education facilities;
675          (D) health care facilities with an occupant load of 50 or more resident patients, but not
676     having surgery or emergency treatment facilities;
677          (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
678          (F) buildings and other structures with an occupant load greater than 5,000;

679          (ii) buildings and other structures designated as essential facilities, including:
680          (A) hospitals and other health care facilities having surgery or emergency treatment
681     facilities with a gross area greater than 3,000 square feet;
682          (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
683     greater than 24 feet or a gross area greater than 5,000 square feet;
684          (C) designated earthquake, hurricane, or other emergency shelters with a gross area
685     greater than 3,000 square feet;
686          (D) designated emergency preparedness, communication, and operation centers and
687     other buildings required for emergency response with a mean height more than 24 feet or a
688     gross area greater than 5,000 square feet;
689          (E) power-generating stations and other public utility facilities required as emergency
690     backup facilities with a gross area greater than 3,000 square feet;
691          (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
692     square feet containing highly toxic materials as defined by the division by rule, where the
693     quantity of the material exceeds the maximum allowable quantities set by the division by rule;
694     and
695          (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
696     at commercial service and cargo air services airports as defined by the Federal Aviation
697     Administration with a mean height greater than 35 feet or a gross area greater than 20,000
698     square feet; and
699          (iii) buildings and other structures requiring special consideration, including:
700          (A) structures or buildings that are normally occupied by human beings and are five
701     stories or more in height;
702          (B) structures or buildings that are normally occupied by human beings and have an
703     average roof height more than 60 feet above the average ground level measured at the
704     perimeter of the structure; and
705          (C) buildings that are over 200,000 aggregate gross square feet in area.
706          (b) "Professional structural engineering" or "the practice of structural engineering":
707          (i) includes the definition of professional engineering or the practice of professional
708     engineering as provided in Subsection (9); and
709          (ii) may be further defined by rules made by the division in collaboration with the

710     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
711          (15) "Structure" means that which is built or constructed, an edifice or building of any
712     kind, or a piece of work artificially built up or composed of parts joined together in a definite
713     manner, and as otherwise governed by the State Construction Code or an approved code under
714     Title 15A, State Construction and Fire Codes Act.
715          (16) "Supervision [of an employee, subordinate, associate, or drafter of a licensee]"
716     means that a licensed professional engineer, professional structural engineer, or professional
717     land surveyor is responsible for and personally reviews, corrects when necessary, and approves
718     work performed by an employee, subordinate, associate, or drafter under the direction of the
719     licensee, and may be further defined by rule by the division in collaboration with the board.
720          (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
721     Board for Engineering and Technology.
722          (18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
723     and 58-22-501.
724          (19) "Unprofessional conduct" means the same as that term is defined in Sections
725     58-1-501 and 58-22-502.5 .
726          Section 18. Section 58-28-304 is amended to read:
727          58-28-304. Temporary license -- License reciprocity.
728          (1) The division may issue a temporary license to practice veterinary medicine, surgery,
729     and dentistry to any person not qualified for licensure under [Subsection (4)] Section 58-1-302
730     who meets all requirements of Section 58-28-302 with the exception of Subsections
731     58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date
732     examination results are available for the examination next following the date of the issuance of
733     the temporary license.
734          (2) The temporary license shall permit the holder to practice under the indirect
735     supervision of a veterinarian licensed to practice in this state.
736          (3) The division may extend the expiration date of the temporary license until the
737     following examination date if:
738          (a) the applicant shows to the board good cause for failing to take or pass the
739     examination; and
740          (b) the majority of the board members recommend the extension.

741          [(4) Upon the recommendation of the board, the division may issue a license without
742     examination to a person who:]
743          [(a) has been licensed or registered to practice veterinary medicine, surgery, and
744     dentistry in any state, district, or territory of the United States or in any foreign country, whose
745     educational, examination, and experience requirements are or were at the time the license was
746     issued equal to those of this state;]
747          [(b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
748     licensed by another jurisdiction for at least two years;]
749          [(c) obtained the license in another jurisdiction after passing an examination
750     component acceptable to the division and the board;]
751          [(d) produces satisfactory evidence of having practiced veterinary medicine
752     competently and in accordance with the standards and ethics of the profession while practicing
753     in another jurisdiction; and]
754          [(e) produces satisfactory evidence of identity and good moral character as it relates to
755     the applicant's functions and practice as a licensed veterinarian.]
756          Section 19. Section 58-31b-303 is amended to read:
757          58-31b-303. Qualifications for licensure -- Graduates of nonapproved nursing
758     programs.
759          An applicant for licensure as a practical nurse or registered nurse who is a graduate of a
760     nursing education program not approved by the division in collaboration with the board must
761     comply with the requirements of this section.
762          (1) An applicant for licensure as a licensed practical nurse shall:
763          (a) meet all requirements of Subsection 58-31b-302(2), except Subsection
764     58-31b-302(2)(e); and
765          (b) produce evidence acceptable to the division and the board that the nursing
766     education program completed by the applicant is equivalent to the minimum standards
767     established by the division in collaboration with the board for an approved licensed practical
768     nursing education program.
769          (2) An applicant for licensure as a registered nurse shall:
770          (a) meet all requirements of Subsection 58-31b-302(3), except Subsection
771     58-31b-302(3)(e); and

772          (b) (i) pass the Commission on Graduates of Foreign Nursing Schools (CGFNS)
773     Examination; or
774          (ii) produce evidence acceptable to the division and the board that the applicant is
775     currently licensed as a registered nurse in one of the states, territories, or the District of
776     Columbia of the United States or in Canada and has passed the NCLEX-RN examination in
777     English.
778          Section 20. Section 58-41-4 is amended to read:
779          58-41-4. Exemptions from chapter.
780          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
781     persons may engage in the practice of speech-language pathology and audiology subject to the
782     stated circumstances and limitations without being licensed under this chapter:
783          (a) a qualified person licensed in this state under any law existing in this state prior to
784     May 13, 1975, engaging in the profession for which [he] the person is licensed;
785          (b) a medical doctor, physician, physician assistant, or surgeon licensed in this state,
786     engaging in his or her specialty in the practice of medicine;
787          (c) a hearing aid dealer or [salesman from] salesperson selling, fitting, adjusting, and
788     repairing hearing aids, and conducting hearing tests solely for that purpose. However, a hearing
789     aid dealer may not conduct audiologic testing on persons [under the age of 18 years] younger
790     than 18 years old except under the direct supervision of an audiologist licensed under this
791     chapter;
792          (d) a person who has obtained a valid and current credential issued by the State Board
793     of Education while specifically performing [specifically] the functions of a speech-language
794     pathologist or audiologist[, in no way in his own interest, solely within the confines of and
795     under the direction and jurisdiction of and only in the academic interest of the schools by which
796     employed in this state] solely within the confines of, under the direction and jurisdiction of, and
797     in the academic interest of the school employing the person;
798          (e) a person employed as a speech-language pathologist or audiologist by federal
799     government agencies or subdivisions or, prior to July 1, 1989, by state or local government
800     agencies or subdivisions, while specifically performing speech-language pathology or
801     audiology services [in no way in his own interest,] solely within the confines of [and], under
802     the direction and jurisdiction of, and in the specific interest of [that] the agency or subdivision;

803          (f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
804     monetary or other compensation, without being licensed[; however, such person may elect to
805     be subject to the requirements of this chapter];
806          (g) a person employed by an accredited [colleges or universities] college or university
807     as a speech-language pathologist or audiologist [from] performing the services or functions
808     described in this chapter [when they] if the services or functions are:
809          (i) performed solely as an assigned teaching function of the person's employment;
810          (ii) solely in academic interest and pursuit as a function of [that] the person's
811     employment;
812          (iii) in no way for [their] the person's own interest; and
813          (iv) provided for no fee, monetary or otherwise, other than [their] the person's agreed
814     institutional salary;
815          (h) a person pursuing a course of study leading to a degree in speech-language
816     pathology or audiology while enrolled in an accredited college or university, provided:
817          (i) those activities constitute an assigned, directed, and supervised part of [his] the
818     person's curricular study, and in no other interest[, and];
819          (ii) that all examinations, tests, histories, charts, progress notes, reports,
820     correspondence, [and all] documents, and records [which he] the person produces be identified
821     clearly as having been conducted and prepared by a student in training [and that such a];
822          (iii) that the person is obviously identified and designated by appropriate title clearly
823     indicating the person's training status; and [provided that he]
824          (iv) that the person does not hold [himself] out directly or indirectly [as being] to the
825     public or otherwise represent that the person is qualified to practice independently;
826          (i) a person trained in elementary audiometry and qualified to perform basic
827     audiometric tests while employed by and under the direct supervision of a licensed medical
828     doctor to perform solely for [him while under his direct supervision,] the licensed medical
829     doctor, the elementary conventional audiometric tests of air conduction screening, air
830     conduction threshold testing, and tympanometry;
831          (j) a person [while performing as a] performing the functions of a speech-language
832     pathologist or audiologist for the sole purpose of obtaining required professional experience
833     under the provisions of this chapter and only during the period the person is obtaining the

834     required professional experience, if [he] the person:
835          (i) meets all training requirements; and
836          (ii) is professionally responsible to and under the supervision of a speech-language
837     pathologist or audiologist who holds the CCC or a state license in speech-language pathology
838     or audiology[. This provision is applicable only during the time that person is obtaining the
839     required professional experience];
840          (k) a corporation, partnership, trust, association, group practice, or [like] similar
841     organization engaging in speech-language pathology or audiology services without certification
842     or license, if [it acts] acting only through employees or [consists] consisting only of persons
843     who are licensed under this chapter;
844          (l) [performance of] a person who is not a resident of this state performing
845     speech-language pathology or audiology services in this state [by a speech-language pathologist
846     or audiologist who is not a resident of this state and is not licensed under this chapter if those]
847     if:
848          (i) the services are performed for no more than one month in any calendar year in
849     association with a speech-language pathologist or audiologist licensed under this chapter[, and
850     if that]; and
851          (ii) the person meets the qualifications and requirements for application for licensure
852     described in Section 58-41-5; [and]
853          (m) a person certified under Title 53E, Public Education System -- State
854     Administration, as a teacher of the deaf, from providing the services or performing the
855     functions [he] the person is certified to perform[.]; and
856          (n) a person trained in newborn hearing screening who is responsible for a newborn
857     hearing screening program at a licensed birthing center, as defined in Section 26-21-2.
858          (2) No person is exempt from the requirements of this chapter who performs or
859     provides any services as a speech-language pathologist or audiologist for which a fee, salary,
860     bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
861     engages any part of his professional work for a fee practicing in conjunction with, by
862     permission of, or apart from his position of employment as speech-language pathologist or
863     audiologist in any branch or subdivision of local, state, or federal government or as otherwise
864     identified in this section.

865          Section 21. Section 58-44a-302 is amended to read:
866          58-44a-302. Qualifications for licensure.
867          (1) An applicant for licensure as a nurse midwife shall:
868          (a) submit an application in a form as prescribed by the division;
869          (b) pay a fee as determined by the department under Section 63J-1-504;
870          [(c) be of good moral character;]
871          [(d)] (c) at the time of application for licensure hold a license in good standing as a
872     registered nurse in Utah, or be at that time qualified for a license as a registered nurse under
873     Title 58, Chapter 31b, Nurse Practice Act;
874          [(e)] (d) have completed:
875          (i) a certified nurse midwifery education program accredited by the Accreditation
876     Commission for Midwifery Education and approved by the division; or
877          (ii) a nurse midwifery education program located outside of the United States which is
878     approved by the division and is equivalent to a program accredited by the Accreditation
879     Commission for Midwifery Education, as demonstrated by a graduate's being accepted to sit for
880     the national certifying examination administered by the Accreditation Commission for
881     Midwifery Education or its designee; and
882          [(f)] (e) have passed examinations established by the division rule in collaboration with
883     the board within two years after completion of the approved education program required under
884     Subsection [(1)(e)] (1)(d).
885          (2) For purposes of Subsection [(1)(e)] (1)(d), as of January 1, 2010, the accredited
886     education program or it's equivalent must grant a graduate degree, including post-master's
887     certificate, in nurse midwifery.
888          Section 22. Section 58-55-102 is amended to read:
889          58-55-102. Definitions.
890          In addition to the definitions in Section 58-1-102, as used in this chapter:
891          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
892     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
893     except as provided in Subsection (1)(b).
894          (b) "Alarm business or company" does not include:
895          (i) a person engaged in the manufacture or sale of alarm systems unless:

896          (A) that person is also engaged in the installation, maintenance, alteration, repair,
897     replacement, servicing, or monitoring of alarm systems;
898          (B) the manufacture or sale occurs at a location other than a place of business
899     established by the person engaged in the manufacture or sale; or
900          (C) the manufacture or sale involves site visits at the place or intended place of
901     installation of an alarm system; or
902          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
903     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
904     of the alarm system owned by that owner.
905          (2) "Alarm company agent":
906          (a) except as provided in Subsection (2)(b), means any individual employed within this
907     state by an alarm business; and
908          (b) does not include an individual who:
909          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
910     servicing, or monitoring of an alarm system; and
911          (ii) does not, during the normal course of the individual's employment with an alarm
912     business, use or have access to sensitive alarm system information.
913          (3) "Alarm system" means equipment and devices assembled for the purpose of:
914          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
915     premises; or
916          (b) signaling a robbery or attempted robbery on protected premises.
917          (4) "Apprentice electrician" means a person licensed under this chapter as an
918     apprentice electrician who is learning the electrical trade under the immediate supervision of a
919     master electrician, residential master electrician, a journeyman electrician, or a residential
920     journeyman electrician.
921          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
922     plumber who is learning the plumbing trade under the immediate supervision of a master
923     plumber, residential master plumber, journeyman plumber, or a residential journeyman
924     plumber.
925          (6) "Approved continuing education" means instruction provided through courses
926     under a program established under Subsection 58-55-302.5(2).

927          (7) (a) "Approved prelicensure course provider" means a provider that is the
928     Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
929     Contractors, or the Utah Home Builders Association, and that meets the requirements
930     established by rule by the commission with the concurrence of the director, to teach the
931     25-hour course described in Subsection 58-55-302(1)(e)(iii).
932          (b) "Approved prelicensure course provider" may only include a provider that, in
933     addition to any other locations, offers the 25-hour course described in Subsection
934     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
935     County, Utah County, Davis County, or Weber County.
936          (8) "Board" means the Electrician Licensing Board, Alarm System Security and
937     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
938          (9) "Combustion system" means an assembly consisting of:
939          (a) piping and components with a means for conveying, either continuously or
940     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
941     appliance;
942          (b) the electric control and combustion air supply and venting systems, including air
943     ducts; and
944          (c) components intended to achieve control of quantity, flow, and pressure.
945          (10) "Commission" means the Construction Services Commission created under
946     Section 58-55-103.
947          (11) "Construction trade" means any trade or occupation involving:
948          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
949     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
950     or other project, development, or improvement to other than personal property; and
951          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
952     defined in Section 15A-1-302; or
953          (b) installation or repair of a residential or commercial natural gas appliance or
954     combustion system.
955          (12) "Construction trades instructor" means a person licensed under this chapter to
956     teach one or more construction trades in both a classroom and project environment, where a
957     project is intended for sale to or use by the public and is completed under the direction of the

958     instructor, who has no economic interest in the project.
959          (13) (a) "Contractor" means any person who for compensation other than wages as an
960     employee undertakes any work in the construction, plumbing, or electrical trade for which
961     licensure is required under this chapter and includes:
962          (i) a person who builds any structure on the person's own property for the purpose of
963     sale or who builds any structure intended for public use on the person's own property;
964          (ii) any person who represents that the person is a contractor, or will perform a service
965     described in this Subsection (13), by advertising on a website or social media, or any other
966     means;
967          (iii) any person engaged as a maintenance person, other than an employee, who
968     regularly engages in activities set forth under the definition of "construction trade";
969          (iv) any person engaged in, or offering to engage in, any construction trade for which
970     licensure is required under this chapter; or
971          (v) a construction manager, construction consultant, construction assistant, or any other
972     person who, for a fee:
973          (A) performs or offers to perform construction consulting;
974          (B) performs or offers to perform management of construction subcontractors;
975          (C) provides or offers to provide a list of subcontractors or suppliers; or
976          (D) provides or offers to provide management or counseling services on a construction
977     project.
978          (b) "Contractor" does not include:
979          (i) an alarm company or alarm company agent; or
980          (ii) a material supplier who provides consulting to customers regarding the design and
981     installation of the material supplier's products.
982          (14) (a) "Electrical trade" means the performance of any electrical work involved in the
983     installation, construction, alteration, change, repair, removal, or maintenance of facilities,
984     buildings, or appendages or appurtenances.
985          (b) "Electrical trade" does not include:
986          (i) transporting or handling electrical materials;
987          (ii) preparing clearance for raceways for wiring;
988          (iii) work commonly done by unskilled labor on any installations under the exclusive

989     control of electrical utilities;
990          (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
991     hazard; or
992          (v) work involving class two or class three power-limited circuits as defined in the
993     National Electrical Code.
994          (15) "Elevator" means the same as that term is defined in Section 34A-7-202, except
995     that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
996     incline platform lift.
997          (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
998     this chapter that is engaged in the business of erecting, constructing, installing, altering,
999     servicing, repairing, or maintaining an elevator.
1000          (17) "Elevator mechanic" means an individual who is licensed under this chapter as an
1001     elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
1002     repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
1003          (18) "Employee" means an individual as defined by the division by rule giving
1004     consideration to the definition adopted by the Internal Revenue Service and the Department of
1005     Workforce Services.
1006          (19) "Engage in a construction trade" means to:
1007          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
1008     in a construction trade; or
1009          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
1010     to believe one is or will act as a contractor.
1011          (20) (a) "Financial responsibility" means a demonstration of a current and expected
1012     future condition of financial solvency evidencing a reasonable expectation to the division and
1013     the board that an applicant or licensee can successfully engage in business as a contractor
1014     without jeopardy to the public health, safety, and welfare.
1015          (b) Financial responsibility may be determined by an evaluation of the total history
1016     concerning the licensee or applicant including past, present, and expected condition and record
1017     of financial solvency and business conduct.
1018          (21) "Gas appliance" means any device that uses natural gas to produce light, heat,
1019     power, steam, hot water, refrigeration, or air conditioning.

1020          (22) (a) "General building contractor" means a person licensed under this chapter as a
1021     general building contractor qualified by education, training, experience, and knowledge to
1022     perform or superintend construction of structures for the support, shelter, and enclosure of
1023     persons, animals, chattels, or movable property of any kind or any of the components of that
1024     construction except plumbing, electrical work, mechanical work, work related to the operating
1025     integrity of an elevator, and manufactured housing installation, for which the general building
1026     contractor shall employ the services of a contractor licensed in the particular specialty, except
1027     that a general building contractor engaged in the construction of single-family and multifamily
1028     residences up to four units may perform the mechanical work and hire a licensed plumber or
1029     electrician as an employee.
1030          (b) The division may by rule exclude general building contractors from engaging in the
1031     performance of other construction specialties in which there is represented a substantial risk to
1032     the public health, safety, and welfare, and for which a license is required unless that general
1033     building contractor holds a valid license in that specialty classification.
1034          (23) (a) "General electrical contractor" means a person licensed under this chapter as a
1035     general electrical contractor qualified by education, training, experience, and knowledge to
1036     perform the fabrication, construction, and installation of generators, transformers, conduits,
1037     raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
1038     electrical energy.
1039          (b) The scope of work of a general electrical contractor may be further defined by rules
1040     made by the commission, with the concurrence of the director, in accordance with Title 63G,
1041     Chapter 3, Utah Administrative Rulemaking Act.
1042          (24) (a) "General engineering contractor" means a person licensed under this chapter as
1043     a general engineering contractor qualified by education, training, experience, and knowledge to
1044     perform or superintend construction of fixed works or components of fixed works requiring
1045     specialized engineering knowledge and skill in any of the following: [irrigation, drainage,
1046     water, power, water supply, flood control, inland waterways, harbors, railroads, highways,
1047     tunnels, airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial
1048     plants requiring specialized engineering knowledge and skill, piers, and foundations, or any of
1049     the components of those works.]
1050          (i) irrigation;

1051          (ii) drainage;
1052          (iii) water power;
1053          (iv) water supply;
1054          (v) flood control;
1055          (vi) an inland waterway;
1056          (vii) a harbor;
1057          (viii) a railroad;
1058          (ix) a highway;
1059          (x) a tunnel;
1060          (xi) an airport;
1061          (xii) an airport runway;
1062          (xiii) a sewer;
1063          (xiv) a bridge;
1064          (xv) a refinery;
1065          (xvi) a pipeline;
1066          (xvii) a chemical plant;
1067          (xviii) an industrial plant;
1068          (xix) a pier;
1069          (xx) a foundation;
1070          (xxi) a power plant; or
1071          (xxii) a utility plant or installation.
1072          (b) A general engineering contractor may not perform [construction of structures] or
1073     superintend:
1074          (i) construction of a structure built primarily for the support, shelter, and enclosure of
1075     persons, animals, and chattels[.]; or
1076          (ii) performance of:
1077          (A) plumbing work;
1078          (B) electrical work; or
1079          (C) mechanical work.
1080          (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
1081     general plumbing contractor qualified by education, training, experience, and knowledge to

1082     perform the fabrication or installation of material and fixtures to create and maintain sanitary
1083     conditions in a building by providing permanent means for a supply of safe and pure water, a
1084     means for the timely and complete removal from the premises of all used or contaminated
1085     water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
1086     occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
1087     industrial purposes.
1088          (b) The scope of work of a general plumbing contractor may be further defined by rules
1089     made by the commission, with the concurrence of the director, in accordance with Title 63G,
1090     Chapter 3, Utah Administrative Rulemaking Act.
1091          (26) "Immediate supervision" means reasonable direction, oversight, inspection, and
1092     evaluation of the work of a person:
1093          (a) as the division specifies in rule;
1094          (b) by, as applicable, a qualified electrician or plumber;
1095          (c) as part of a planned program of training; and
1096          (d) to ensure that the end result complies with applicable standards.
1097          (27) "Individual" means a natural person.
1098          (28) "Journeyman electrician" means a person licensed under this chapter as a
1099     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
1100     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
1101          (29) "Journeyman plumber" means a person licensed under this chapter as a
1102     journeyman plumber having the qualifications, training, experience, and technical knowledge
1103     to engage in the plumbing trade.
1104          (30) "Master electrician" means a person licensed under this chapter as a master
1105     electrician having the qualifications, training, experience, and knowledge to properly plan,
1106     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
1107     for light, heat, power, and other purposes.
1108          (31) "Master plumber" means a person licensed under this chapter as a master plumber
1109     having the qualifications, training, experience, and knowledge to properly plan and layout
1110     projects and supervise persons in the plumbing trade.
1111          (32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
1112     limited liability company, association, or organization of any type.

1113          (33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
1114     the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
1115     three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
1116          (i) delivery of the water supply;
1117          (ii) discharge of liquid and water carried waste;
1118          (iii) building drainage system within the walls of the building; and
1119          (iv) delivery of gases for lighting, heating, and industrial purposes.
1120          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
1121     fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
1122     safe and adequate supply of gases, together with their devices, appurtenances, and connections
1123     where installed within the outside walls of the building.
1124          (34) "Ratio of apprentices" means the number of licensed plumber apprentices or
1125     licensed electrician apprentices that are allowed to be under the immediate supervision of a
1126     licensed supervisor as established by the provisions of this chapter and by rules made by the
1127     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1128     Utah Administrative Rulemaking Act.
1129          (35) "Residential and small commercial contractor" means a person licensed under this
1130     chapter as a residential and small commercial contractor qualified by education, training,
1131     experience, and knowledge to perform or superintend the construction of single-family
1132     residences, multifamily residences up to four units, and commercial construction of not more
1133     than three stories above ground and not more than 20,000 square feet, or any of the components
1134     of that construction except plumbing, electrical work, mechanical work, and manufactured
1135     housing installation, for which the residential and small commercial contractor shall employ
1136     the services of a contractor licensed in the particular specialty, except that a residential and
1137     small commercial contractor engaged in the construction of single-family and multifamily
1138     residences up to four units may perform the mechanical work and hire a licensed plumber or
1139     electrician as an employee.
1140          (36) "Residential building," as it relates to the license classification of residential
1141     journeyman plumber and residential master plumber, means a single or multiple family
1142     dwelling of up to four units.
1143          (37) (a) "Residential electrical contractor" means a person licensed under this chapter

1144     as a residential electrical contractor qualified by education, training, experience, and
1145     knowledge to perform the fabrication, construction, and installation of services, disconnecting
1146     means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
1147     appliances, and fixtures in a residential unit.
1148          (b) The scope of work of a residential electrical contractor may be further defined by
1149     rules made by the commission, with the concurrence of the director, in accordance with Title
1150     63G, Chapter 3, Utah Administrative Rulemaking Act.
1151          (38) "Residential journeyman electrician" means a person licensed under this chapter
1152     as a residential journeyman electrician having the qualifications, training, experience, and
1153     knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
1154     and other purposes on buildings using primarily nonmetallic sheath cable.
1155          (39) "Residential journeyman plumber" means a person licensed under this chapter as a
1156     residential journeyman plumber having the qualifications, training, experience, and knowledge
1157     to engage in the plumbing trade as limited to the plumbing of residential buildings.
1158          (40) "Residential master electrician" means a person licensed under this chapter as a
1159     residential master electrician having the qualifications, training, experience, and knowledge to
1160     properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
1161     and equipment for light, heat, power, and other purposes on residential projects.
1162          (41) "Residential master plumber" means a person licensed under this chapter as a
1163     residential master plumber having the qualifications, training, experience, and knowledge to
1164     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
1165     plumbing of residential buildings.
1166          (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
1167     as a residential plumbing contractor qualified by education, training, experience, and
1168     knowledge to perform the fabrication or installation of material and fixtures to create and
1169     maintain sanitary conditions in residential buildings by providing permanent means for a
1170     supply of safe and pure water, a means for the timely and complete removal from the premises
1171     of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
1172     incidental to life and the occupation of such premises, and a safe and adequate supply of gases
1173     for lighting, heating, and [industrial] residential purposes.
1174          (b) The scope of work of a residential plumbing contractor may be further defined by

1175     rules made by the commission, with the concurrence of the director, in accordance with Title
1176     63G, Chapter 3, Utah Administrative Rulemaking Act.
1177          (43) "Residential project," as it relates to an electrician or electrical contractor, means
1178     buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
1179     and regulations governing this work, including the National Electrical Code, and in which the
1180     voltage does not exceed 250 volts line to line and 125 volts to ground.
1181          (44) "Sensitive alarm system information" means:
1182          (a) a pass code or other code used in the operation of an alarm system;
1183          (b) information on the location of alarm system components at the premises of a
1184     customer of the alarm business providing the alarm system;
1185          (c) information that would allow the circumvention, bypass, deactivation, or other
1186     compromise of an alarm system of a customer of the alarm business providing the alarm
1187     system; and
1188          (d) any other similar information that the division by rule determines to be information
1189     that an individual employed by an alarm business should use or have access to only if the
1190     individual is licensed as provided in this chapter.
1191          (45) (a) "Specialty contractor" means a person licensed under this chapter under a
1192     specialty contractor classification established by rule, who is qualified by education, training,
1193     experience, and knowledge to perform those construction trades and crafts requiring
1194     specialized skill, the regulation of which are determined by the division to be in the best
1195     interest of the public health, safety, and welfare.
1196          (b) A specialty contractor may perform work in crafts or trades other than those in
1197     which the specialty contractor is licensed if they are incidental to the performance of the
1198     specialty contractor's licensed craft or trade.
1199          (46) "Unincorporated entity" means an entity that is not:
1200          (a) an individual;
1201          (b) a corporation; or
1202          (c) publicly traded.
1203          (47) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
1204     and 58-55-501.
1205          (48) "Unprofessional conduct" means the same as that term is defined in Sections

1206     58-1-501 and 58-55-502 and as may be further defined by rule.
1207          (49) "Wages" means amounts due to an employee for labor or services whether the
1208     amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
1209     the amount.
1210          Section 23. Section 58-55-302 is amended to read:
1211          58-55-302. Qualifications for licensure.
1212          (1) Each applicant for a license under this chapter shall:
1213          (a) submit an application prescribed by the division;
1214          (b) pay a fee as determined by the department under Section 63J-1-504;
1215          (c) meet the examination requirements established by this section and by rule by the
1216     commission with the concurrence of the director, which requirements include:
1217          (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
1218     contractor, no division-administered examination is required;
1219          (ii) for licensure as a general building contractor, general engineering contractor,
1220     residential and small commercial contractor, general plumbing contractor, residential plumbing
1221     contractor, general electrical contractor, or residential electrical contractor, the only required
1222     division-administered examination is a division-administered examination that covers
1223     information from the 25-hour course described in Subsection (1)(e)(iii), which course may
1224     have been previously completed as part of applying for any other license under this chapter,
1225     and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
1226     course described in Subsection (1)(e)(iv); and
1227          (iii) if required in Section 58-55-304, an individual qualifier must pass the required
1228     division-administered examination if the applicant is a business entity;
1229          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
1230          (e) if an applicant for a contractor's license:
1231          (i) produce satisfactory evidence of financial responsibility, except for a construction
1232     trades instructor for whom evidence of financial responsibility is not required;
1233          (ii) produce satisfactory evidence of:
1234          (A) except as provided in Subsection (2)(a), and except that no employment experience
1235     is required for licensure as a specialty contractor, two years full-time paid employment
1236     experience in the construction industry, which employment experience, unless more

1237     specifically described in this section, may be related to any contracting classification and does
1238     not have to include supervisory experience; and
1239          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
1240     necessary for the protection of the public health, safety, and welfare;
1241          (iii) except as otherwise provided by rule by the commission with the concurrence of
1242     the director, complete a 25-hour course established by rule by the commission with the
1243     concurrence of the director, which is taught by an approved prelicensure course provider, and
1244     which course may include:
1245          (A) construction business practices;
1246          (B) bookkeeping fundamentals;
1247          (C) mechanics lien fundamentals;
1248          (D) other aspects of business and construction principles considered important by the
1249     commission with the concurrence of the director; and
1250          (E) for no additional fee, a provider-administered examination at the end of the
1251     25-hour course;
1252          (iv) complete a five-hour business and law course established by rule by the
1253     commission with the concurrence of the director, which is taught by an approved prelicensure
1254     course provider, if an applicant for licensure as a general building contractor, general
1255     engineering contractor, residential and small commercial contractor, general plumbing
1256     contractor, residential plumbing contractor, general electrical contractor, or residential
1257     electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
1258     completed before July 1, 2019, the applicant does not need to take the business and law course;
1259          (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
1260     license or a licensed master residential electrician if an applicant for a residential electrical
1261     contractor's license;
1262          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
1263     a licensed master residential plumber if an applicant for a residential plumbing contractor's
1264     license; or
1265          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
1266     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
1267          (vi) when the applicant is an unincorporated entity, provide a list of the one or more

1268     individuals who hold an ownership interest in the applicant as of the day on which the
1269     application is filed that includes for each individual:
1270          (A) the individual's name, address, birth date, and social security number; and
1271          (B) whether the individual will engage in a construction trade; and
1272          (f) if an applicant for a construction trades instructor license, satisfy any additional
1273     requirements established by rule.
1274          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
1275     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
1276     evidence of two years full-time paid employment experience as a building inspector, which
1277     shall include at least one year full-time experience as a licensed combination inspector.
1278          (b) The applicant shall file the following with the division before the division issues the
1279     license:
1280          (i) proof of workers' compensation insurance which covers employees of the applicant
1281     in accordance with applicable Utah law;
1282          (ii) proof of public liability insurance in coverage amounts and form established by rule
1283     except for a construction trades instructor for whom public liability insurance is not required;
1284     and
1285          (iii) proof of registration as required by applicable law with the:
1286          (A) Department of Commerce;
1287          (B) Division of Corporations and Commercial Code;
1288          (C) Unemployment Insurance Division in the Department of Workforce Services, for
1289     purposes of Title 35A, Chapter 4, Employment Security Act;
1290          (D) State Tax Commission; and
1291          (E) Internal Revenue Service.
1292          (3) In addition to the general requirements for each applicant in Subsection (1),
1293     applicants shall comply with the following requirements to be licensed in the following
1294     classifications:
1295          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
1296          (A) has been a licensed journeyman plumber for at least two years and had two years of
1297     supervisory experience as a licensed journeyman plumber in accordance with division rule;
1298          (B) has received at least an associate of applied science degree or similar degree

1299     following the completion of a course of study approved by the division and had one year of
1300     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
1301          (C) meets the qualifications for expedited licensure as established by rules made by the
1302     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1303     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1304     and skills to be a licensed master plumber.
1305          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
1306     least four years of practical experience as a licensed apprentice under the supervision of a
1307     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
1308     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
1309     master plumber license under this chapter, and satisfies the requirements of this Subsection
1310     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
1311          (iii) An individual holding a valid plumbing contractor's license or residential
1312     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
1313     2008:
1314          (A) considered to hold a current master plumber license under this chapter if licensed
1315     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
1316     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
1317     58-55-303; and
1318          (B) considered to hold a current residential master plumber license under this chapter if
1319     licensed as a residential plumbing contractor and a residential journeyman plumber, and
1320     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
1321     that license under Section 58-55-303.
1322          (b) A master residential plumber applicant shall produce satisfactory evidence that the
1323     applicant:
1324          (i) has been a licensed residential journeyman plumber for at least two years and had
1325     two years of supervisory experience as a licensed residential journeyman plumber in
1326     accordance with division rule; or
1327          (ii) meets the qualifications for expedited licensure as established by rules made by the
1328     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1329     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge

1330     and skills to be a licensed master residential plumber.
1331          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
1332          (i) successful completion of the equivalent of at least four years of full-time training
1333     and instruction as a licensed apprentice plumber under supervision of a licensed master
1334     plumber or journeyman plumber and in accordance with a planned program of training
1335     approved by the division;
1336          (ii) at least eight years of full-time experience approved by the division in collaboration
1337     with the Plumbers Licensing Board; or
1338          (iii) meeting the qualifications for expedited licensure as established by rules made by
1339     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1340     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1341     and skills to be a licensed journeyman plumber.
1342          (d) A residential journeyman plumber shall produce satisfactory evidence of:
1343          (i) completion of the equivalent of at least three years of full-time training and
1344     instruction as a licensed apprentice plumber under the supervision of a licensed residential
1345     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
1346     accordance with a planned program of training approved by the division;
1347          (ii) completion of at least six years of full-time experience in a maintenance or repair
1348     trade involving substantial plumbing work; or
1349          (iii) meeting the qualifications for expedited licensure as established by rules made by
1350     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1351     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1352     and skills to be a licensed residential journeyman plumber.
1353          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
1354     in accordance with the following:
1355          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
1356     under the immediate supervision of a licensed master plumber, licensed residential master
1357     plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
1358          (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
1359     apprentice plumber may work without supervision for a period not to exceed eight hours in any
1360     24-hour period; and

1361          (iii) rules made by the commission, with the concurrence of the director, in accordance
1362     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
1363     apprentices allowed under the immediate supervision of a licensed supervisor, including the
1364     ratio of apprentices in their fourth year of training or later that are allowed to be under the
1365     immediate supervision of a licensed supervisor.
1366          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
1367          (i) is a graduate electrical engineer of an accredited college or university approved by
1368     the division and has one year of practical electrical experience as a licensed apprentice
1369     electrician;
1370          (ii) is a graduate of an electrical trade school, having received an associate of applied
1371     sciences degree following successful completion of a course of study approved by the division,
1372     and has two years of practical experience as a licensed journeyman electrician;
1373          (iii) has four years of practical experience as a journeyman electrician; or
1374          (iv) meets the qualifications for expedited licensure as established by rules made by the
1375     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1376     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1377     and skills to be a licensed master electrician.
1378          (g) A master residential electrician applicant shall produce satisfactory evidence that
1379     the applicant:
1380          (i) has at least two years of practical experience as a residential journeyman electrician;
1381     or
1382          (ii) meets the qualifications for expedited licensure as established by rules made by the
1383     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1384     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1385     and skills to be a master residential electrician.
1386          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
1387     applicant:
1388          (i) has successfully completed at least four years of full-time training and instruction as
1389     a licensed apprentice electrician under the supervision of a master electrician or journeyman
1390     electrician and in accordance with a planned training program approved by the division;
1391          (ii) has at least eight years of full-time experience approved by the division in

1392     collaboration with the Electricians Licensing Board; or
1393          (iii) meets the qualifications for expedited licensure as established by rules made by the
1394     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1395     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1396     and skills to be a licensed journeyman electrician.
1397          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
1398     that the applicant:
1399          (i) has successfully completed two years of training in an electrical training program
1400     approved by the division;
1401          (ii) has four years of practical experience in wiring, installing, and repairing electrical
1402     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
1403     journeyman, residential master, or residential journeyman electrician; or
1404          (iii) meets the qualifications for expedited licensure as established by rules made by the
1405     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1406     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1407     and skills to be a licensed residential journeyman electrician.
1408          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
1409     be in accordance with the following:
1410          (i) A licensed apprentice electrician shall be under the immediate supervision of a
1411     licensed master, journeyman, residential master, or residential journeyman electrician;
1412          (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
1413     apprentice electrician may work without supervision for a period not to exceed eight hours in
1414     any 24-hour period;
1415          (iii) rules made by the commission, with the concurrence of the director, in accordance
1416     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
1417     apprentices allowed under the immediate supervision of a licensed supervisor, including the
1418     ratio of apprentices in their fourth year of training or later that are allowed to be under the
1419     immediate supervision of a licensed supervisor; and
1420          (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
1421     residential project, or more if established by rules made by the commission, in concurrence
1422     with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking

1423     Act.
1424          (k) An alarm company applicant shall:
1425          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
1426     the applicant who:
1427          (A) demonstrates 6,000 hours of experience in the alarm company business;
1428          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
1429     company business or in a construction business; and
1430          (C) passes an examination component established by rule by the commission with the
1431     concurrence of the director;
1432          (ii) if a corporation, provide:
1433          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
1434     of all corporate officers, directors, and those responsible management personnel employed
1435     within the state or having direct responsibility for managing operations of the applicant within
1436     the state; and
1437          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
1438     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
1439     shall not be required if the stock is publicly listed and traded;
1440          (iii) if a limited liability company, provide:
1441          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
1442     of all company officers, and those responsible management personnel employed within the
1443     state or having direct responsibility for managing operations of the applicant within the state;
1444     and
1445          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
1446     of all individuals owning 5% or more of the equity of the company;
1447          (iv) if a partnership, provide the names, addresses, dates of birth, social security
1448     numbers, and fingerprint cards of all general partners, and those responsible management
1449     personnel employed within the state or having direct responsibility for managing operations of
1450     the applicant within the state;
1451          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
1452     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
1453     employed within the state or having direct responsibility for managing operations of the

1454     applicant within the state;
1455          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
1456     fingerprint cards of the trustee, and those responsible management personnel employed within
1457     the state or having direct responsibility for managing operations of the applicant within the
1458     state;
1459          [(vii) be of good moral character in that officers, directors, shareholders described in
1460     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
1461     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
1462     crime that when considered with the duties and responsibilities of an alarm company is
1463     considered by the board to indicate that the best interests of the public are served by granting
1464     the applicant a license;]
1465          [(viii)] (vii) document that none of the applicant's officers, directors, shareholders
1466     described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible
1467     management personnel have been declared by any court of competent jurisdiction incompetent
1468     by reason of mental defect or disease and not been restored;
1469          [(ix)] (viii) document that none of the applicant's officers, directors, shareholders
1470     described in Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management
1471     personnel are currently suffering from habitual drunkenness or from drug addiction or
1472     dependence;
1473          [(x)] (ix) file and maintain with the division evidence of:
1474          (A) comprehensive general liability insurance in form and in amounts to be established
1475     by rule by the commission with the concurrence of the director;
1476          (B) workers' compensation insurance that covers employees of the applicant in
1477     accordance with applicable Utah law; and
1478          (C) registration as is required by applicable law with the:
1479          (I) Division of Corporations and Commercial Code;
1480          (II) Unemployment Insurance Division in the Department of Workforce Services, for
1481     purposes of Title 35A, Chapter 4, Employment Security Act;
1482          (III) State Tax Commission; and
1483          (IV) Internal Revenue Service; and
1484          [(xi)] (x) meet with the division and board.

1485          (l) Each applicant for licensure as an alarm company agent shall:
1486          (i) submit an application in a form prescribed by the division accompanied by
1487     fingerprint cards;
1488          (ii) pay a fee determined by the department under Section 63J-1-504;
1489          [(iii) be of good moral character in that the applicant has not been convicted of a
1490     felony, a misdemeanor involving moral turpitude, or any other crime that when considered with
1491     the duties and responsibilities of an alarm company agent is considered by the board to indicate
1492     that the best interests of the public are served by granting the applicant a license;]
1493          [(iv)] (iii) not have been declared by any court of competent jurisdiction incompetent
1494     by reason of mental defect or disease and not been restored;
1495          [(v)] (iv) not be currently suffering from habitual drunkenness or from drug addiction
1496     or dependence; and
1497          [(vi)] (v) meet with the division and board if requested by the division or the board.
1498          (m) (i) Each applicant for licensure as an elevator mechanic shall:
1499          (A) provide documentation of experience and education credits of not less than three
1500     years work experience in the elevator industry, in construction, maintenance, or service and
1501     repair; and
1502          (B) satisfactorily complete a written examination administered by the division
1503     established by rule under Section 58-1-203; or
1504          (C) provide certificates of completion of an apprenticeship program for elevator
1505     mechanics, having standards substantially equal to those of this chapter and registered with the
1506     United States Department of Labor Bureau Apprenticeship and Training or a state
1507     apprenticeship council.
1508          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
1509     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
1510     repairing, or maintaining an elevator, the contractor may:
1511          (I) notify the division of the unavailability of licensed personnel; and
1512          (II) request the division issue a temporary elevator mechanic license to an individual
1513     certified by the contractor as having an acceptable combination of documented experience and
1514     education to perform the work described in this Subsection (3)(m)(ii)(A).
1515          (B) (I) The division may issue a temporary elevator mechanic license to an individual

1516     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
1517     the appropriate fee as determined by the department under Section 63J-1-504.
1518          (II) The division shall specify the time period for which the license is valid and may
1519     renew the license for an additional time period upon its determination that a shortage of
1520     licensed elevator mechanics continues to exist.
1521          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1522     division may make rules establishing when Federal Bureau of Investigation records shall be
1523     checked for applicants as an alarm company or alarm company agent.
1524          (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
1525     (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
1526     Department of Public Safety with the division's request to:
1527          (a) conduct a search of records of the Department of Public Safety for criminal history
1528     information relating to each applicant for licensure as an alarm company or alarm company
1529     agent and each applicant's officers, directors, shareholders described in Subsection
1530     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
1531          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
1532     requiring a check of records of the Federal Bureau of Investigation for criminal history
1533     information under this section.
1534          (6) The Department of Public Safety shall send to the division:
1535          (a) a written record of criminal history, or certification of no criminal history record, as
1536     contained in the records of the Department of Public Safety in a timely manner after receipt of
1537     a fingerprint card from the division and a request for review of Department of Public Safety
1538     records; and
1539          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
1540     a timely manner after receipt of information from the Federal Bureau of Investigation.
1541          (7) (a) The division shall charge each applicant for licensure as an alarm company or
1542     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
1543     performing the records reviews under this section.
1544          (b) The division shall pay the Department of Public Safety the costs of all records
1545     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
1546     costs of records reviews under this section.

1547          (8) Information obtained by the division from the reviews of criminal history records of
1548     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
1549     disseminated by the division only for the purpose of determining if an applicant for licensure as
1550     an alarm company or alarm company agent is qualified for licensure.
1551          (9) (a) An application for licensure under this chapter shall be denied if:
1552          (i) the applicant has had a previous license, which was issued under this chapter,
1553     suspended or revoked within two years before the date of the applicant's application;
1554          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
1555          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
1556     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
1557     status, performing similar functions, or directly or indirectly controlling the applicant has
1558     served in any similar capacity with any person or entity which has had a previous license,
1559     which was issued under this chapter, suspended or revoked within two years before the date of
1560     the applicant's application;
1561          (iii) (A) the applicant is an individual or sole proprietorship; and
1562          (B) any owner or agent acting as a qualifier has served in any capacity listed in
1563     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
1564     this chapter, suspended or revoked within two years before the date of the applicant's
1565     application; or
1566          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
1567     an unincorporated entity at the time the entity's license under this chapter was revoked; and
1568          (B) the application for licensure is filed within 60 months after the revocation of the
1569     unincorporated entity's license.
1570          (b) An application for licensure under this chapter shall be reviewed by the appropriate
1571     licensing board prior to approval if:
1572          (i) the applicant has had a previous license, which was issued under this chapter,
1573     suspended or revoked more than two years before the date of the applicant's application;
1574          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
1575          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
1576     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
1577     status, performing similar functions, or directly or indirectly controlling the applicant has

1578     served in any similar capacity with any person or entity which has had a previous license,
1579     which was issued under this chapter, suspended or revoked more than two years before the date
1580     of the applicant's application; or
1581          (iii) (A) the applicant is an individual or sole proprietorship; and
1582          (B) any owner or agent acting as a qualifier has served in any capacity listed in
1583     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
1584     this chapter, suspended or revoked more than two years before the date of the applicant's
1585     application.
1586          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
1587     report with the division every 30 days after the day on which the license is issued if the licensee
1588     has more than five owners who are individuals who:
1589          (A) own an interest in the contractor that is an unincorporated entity;
1590          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
1591     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
1592     unincorporated entity; and
1593          (C) engage, or will engage, in a construction trade in the state as owners of the
1594     contractor described in Subsection (10)(a)(i)(A).
1595          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
1596     licensee shall provide the ownership status report with an application for renewal of licensure.
1597          (b) An ownership status report required under this Subsection (10) shall:
1598          (i) specify each addition or deletion of an owner:
1599          (A) for the first ownership status report, after the day on which the unincorporated
1600     entity is licensed under this chapter; and
1601          (B) for a subsequent ownership status report, after the day on which the previous
1602     ownership status report is filed;
1603          (ii) be in a format prescribed by the division that includes for each owner, regardless of
1604     the owner's percentage ownership in the unincorporated entity, the information described in
1605     Subsection (1)(e)(vi);
1606          (iii) list the name of:
1607          (A) each officer or manager of the unincorporated entity; and
1608          (B) each other individual involved in the operation, supervision, or management of the

1609     unincorporated entity; and
1610          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
1611     if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
1612          (c) The division may, at any time, audit an ownership status report under this
1613     Subsection (10):
1614          (i) to determine if financial responsibility has been demonstrated or maintained as
1615     required under Section 58-55-306; and
1616          (ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
1617     Subsection 58-55-502(8) or (9).
1618          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
1619     chapter by providing an individual who owns an interest in the unincorporated entity to engage
1620     in a construction trade in Utah shall file with the division:
1621          (i) before the individual who owns an interest in the unincorporated entity engages in a
1622     construction trade in Utah, a current list of the one or more individuals who hold an ownership
1623     interest in the unincorporated entity that includes for each individual:
1624          (A) the individual's name, address, birth date, and social security number; and
1625          (B) whether the individual will engage in a construction trade; and
1626          (ii) every 30 days after the day on which the unincorporated entity provides the list
1627     described in Subsection (11)(a)(i), an ownership status report containing the information that
1628     would be required under Subsection (10) if the unincorporated entity were a licensed
1629     contractor.
1630          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
1631     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
1632     the division in accordance with Section 63J-1-504.
1633          (12) This chapter may not be interpreted to create or support an express or implied
1634     independent contractor relationship between an unincorporated entity described in Subsection
1635     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
1636     withholding.
1637          (13) A social security number provided under Subsection (1)(e)(vi) is a private record
1638     under Subsection 63G-2-302(1)(i).
1639          Section 24. Section 58-55-502 is amended to read:

1640          58-55-502. Unprofessional conduct.
1641          Unprofessional conduct includes:
1642          (1) failing to establish, maintain, or demonstrate financial responsibility while licensed
1643     as a contractor under this chapter;
1644          (2) disregarding or violating through gross negligence or a pattern of negligence:
1645          (a) the building or construction laws of this state or any political subdivision;
1646          (b) the safety and labor laws applicable to a project;
1647          (c) any provision of the health laws applicable to a project;
1648          (d) the workers' compensation insurance laws of this state applicable to a project;
1649          (e) the laws governing withholdings for employee state and federal income taxes,
1650     unemployment taxes, Social Security payroll taxes, or other required withholdings; or
1651          (f) any reporting, notification, and filing laws of this state or the federal government;
1652          (3) any willful, fraudulent, or deceitful act by a licensee, caused by a licensee, or at a
1653     licensee's direction which causes material injury to another;
1654          (4) contract violations that pose a threat or potential threat to the public health, safety,
1655     and welfare including:
1656          (a) willful, deliberate, or grossly negligent departure from or disregard for plans or
1657     specifications, or abandonment or failure to complete a project without the consent of the
1658     owner or the owner's duly authorized representative or the consent of any other person entitled
1659     to have the particular project completed in accordance with the plans, specifications, and
1660     contract terms;
1661          (b) failure to deposit funds to the benefit of an employee as required under any written
1662     contractual obligation the licensee has to the employee;
1663          (c) failure to maintain in full force and effect any health insurance benefit to an
1664     employee that was extended as a part of any written contractual obligation or representation by
1665     the licensee, unless the employee is given written notice of the licensee's intent to cancel or
1666     reduce the insurance benefit at least 45 days before the effective date of the cancellation or
1667     reduction;
1668          (d) failure to reimburse the Residence Lien Recovery Fund as required by Section
1669     38-11-207;
1670          (e) failure to provide, when applicable, the information required by Section 38-11-108;

1671     and
1672          (f) willfully or deliberately misrepresenting or omitting a material fact in connection
1673     with an application to claim recovery from the Residence Lien Recovery Fund under Section
1674     38-11-204;
1675          (5) failing as an alarm company to notify the division of the cessation of performance
1676     of its qualifying agent, or failing to replace its qualifying agent as required under Section
1677     58-55-304;
1678          (6) failing as an alarm company agent to carry or display a copy of the licensee's
1679     license as required under Section 58-55-311;
1680          (7) failing to comply with operating standards established by rule in accordance with
1681     Section 58-55-308;
1682          (8) an unincorporated entity licensed under this chapter having an individual who owns
1683     an interest in the unincorporated entity engage in a construction trade in Utah while not
1684     lawfully present in the United States;
1685          (9) an unincorporated entity failing to provide the following for an individual who
1686     engages, or will engage, in a construction trade in Utah for the unincorporated entity:
1687          (a) workers' compensation coverage to the extent required by Title 34A, Chapter 2,
1688     Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act; and
1689          (b) unemployment compensation in accordance with Title 35A, Chapter 4,
1690     Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
1691     interest in the unincorporated entity, as defined by rule made by the division in accordance with
1692     Title 63G, Chapter 3, Utah Administrative Rulemaking Act; [or]
1693          (10) the failure of an alarm company or alarm company agent to inform a potential
1694     customer, before the customer's purchase of an alarm system or alarm service from the alarm
1695     company, of the policy of the county, city, or town within which the customer resides relating
1696     to priority levels for responding to an alarm signal transmitted by the alarm system that the
1697     alarm company provides the customer[.]; or
1698          (11) failing to continuously maintain insurance and registration as required under
1699     Subsection 58-55-302(2).
1700          Section 25. Section 58-55-503 is amended to read:
1701          58-55-503. Penalty for unlawful conduct -- Citations.

1702          (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
1703     (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (16)(e), (21), (22), (23), (24), (25), (26),
1704     (27), or (28), or Subsection 58-55-504(2), or who fails to comply with a citation issued under
1705     this section after it is final, is guilty of a class A misdemeanor.
1706          (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
1707     individual and does not include a sole proprietorship, joint venture, corporation, limited
1708     liability company, association, or organization of any type.
1709          (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
1710     awarded and may not accept a contract for the performance of the work.
1711          (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
1712     infraction unless the violator did so with the intent to deprive the person to whom money is to
1713     be paid of the money received, in which case the violator is guilty of theft, as classified in
1714     Section 76-6-412.
1715          (3) Grounds for immediate suspension of a licensee's license by the division and the
1716     commission include:
1717          (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
1718     58-55-501, or Subsection 58-55-504(2); and
1719          (b) the failure by a licensee to make application to, report to, or notify the division with
1720     respect to any matter for which application, notification, or reporting is required under this
1721     chapter or rules adopted under this chapter, including:
1722          (i) applying to the division for a new license to engage in a new specialty classification
1723     or to do business under a new form of organization or business structure;
1724          (ii) filing a current financial statement with the division; and
1725          (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
1726          (4) (a) (i) If upon inspection or investigation, the division concludes that a person has
1727     violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
1728     (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24), (25), (26), (27), [or] (28), Subsection
1729     58-55-502(4)(a) or (11), Subsection 58-55-504(2), or any rule or order issued with respect to
1730     these subsections, and that disciplinary action is appropriate, the director or the director's
1731     designee from within the division shall promptly issue a citation to the person according to this
1732     chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person

1733     to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
1734     Administrative Procedures Act.
1735          (ii) A person who is in violation of the provisions of Subsection 58-55-308(2),
1736     Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24),
1737     (25), (26), (27), or (28), or Subsection 58-55-504(2), as evidenced by an uncontested citation, a
1738     stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
1739     assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
1740     to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3),
1741     (9), (10), (12), (16)(e), (18), (20), (21), (24), (25), (26), (27), or (28), or Subsection
1742     58-55-504(2).
1743          (iii) Except for a cease and desist order, the licensure sanctions cited in Section
1744     58-55-401 may not be assessed through a citation.
1745          (b) (i) A citation shall be in writing and describe with particularity the nature of the
1746     violation, including a reference to the provision of the chapter, rule, or order alleged to have
1747     been violated.
1748          (ii) A citation shall clearly state that the recipient must notify the division in writing
1749     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
1750     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1751          (iii) A citation shall clearly explain the consequences of failure to timely contest the
1752     citation or to make payment of any fines assessed by the citation within the time specified in
1753     the citation.
1754          (c) A citation issued under this section, or a copy of a citation, may be served upon a
1755     person upon whom a summons may be served:
1756          (i) in accordance with the Utah Rules of Civil Procedure;
1757          (ii) personally or upon the person's agent by a division investigator or by a person
1758     specially designated by the director; or
1759          (iii) by mail.
1760          (d) (i) If within 20 calendar days after the day on which a citation is served, the person
1761     to whom the citation was issued fails to request a hearing to contest the citation, the citation
1762     becomes the final order of the division and is not subject to further agency review.
1763          (ii) The period to contest a citation may be extended by the division for cause.

1764          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
1765     the license of a licensee who fails to comply with a citation after the citation becomes final.
1766          (f) The failure of an applicant for licensure to comply with a citation after the citation
1767     becomes final is a ground for denial of license.
1768          (g) A citation may not be issued under this section after the expiration of one year
1769     following the date on which the violation that is the subject of the citation is reported to the
1770     division.
1771          (h) (i) Except as provided in Subsections (4)(h)(ii) and (5), the director or the director's
1772     designee shall assess a fine in accordance with the following:
1773          (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
1774          (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
1775     and
1776          (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
1777     $2,000 for each day of continued offense.
1778          (ii) Except as provided in Subsection (5), if a person violates Subsection
1779     58-55-501(16)(e) or (28), the director or the director's designee shall assess a fine in
1780     accordance with the following:
1781          (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
1782          (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $4,000;
1783     and
1784          (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
1785     $4,000 for each day of continued offense.
1786          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
1787     Subsection (4)(h), an offense constitutes a second or subsequent offense if:
1788          (A) the division previously issued a final order determining that a person committed a
1789     first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
1790     (3), (9), (10), (12), (14), (16)(e), (18), (23), (24), (25), (26), (27), or (28), or Subsection
1791     58-55-504(2); or
1792          (B) (I) the division initiated an action for a first or second offense;
1793          (II) a final order has not been issued by the division in the action initiated under
1794     Subsection (4)(i)(i)(B)(I);

1795          (III) the division determines during an investigation that occurred after the initiation of
1796     the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
1797     violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
1798     (10), (12), (14), (16)(e), (18), (19), (23), (24), (25), (26), (27), (28), or Subsection
1799     58-55-504(2); and
1800          (IV) after determining that the person committed a second or subsequent offense under
1801     Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
1802     Subsection (4)(i)(i)(B)(I).
1803          (ii) In issuing a final order for a second or subsequent offense under Subsection
1804     (4)(i)(i), the division shall comply with the requirements of this section.
1805          (j) In addition to any other licensure sanction or fine imposed under this section, the
1806     division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
1807     two or more times within a 12-month period, unless, with respect to a violation of Subsection
1808     58-55-501(23), the licensee can demonstrate that the licensee successfully verified the federal
1809     legal working status of the individual who was the subject of the violation using a status
1810     verification system, as defined in Section 13-47-102.
1811          (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
1812     for each individual is considered a separate violation.
1813           (5) If a person violates Section 58-55-501, the division may not treat the violation as a
1814     subsequent violation of a previous violation if the violation occurs five years or more after the
1815     day on which the person committed the previous violation.
1816          (6) If, after an investigation, the division determines that a person has committed
1817     multiple of the same type of violation of Section 58-55-501, the division may treat each
1818     violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
1819     each violation.
1820          (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
1821     into the Commerce Service Account created by Section 13-1-2.
1822          (b) A penalty that is not paid may be collected by the director by either referring the
1823     matter to a collection agency or bringing an action in the district court of the county in which
1824     the person against whom the penalty is imposed resides or in the county where the office of the
1825     director is located.

1826          (c) A county attorney or the attorney general of the state shall provide legal assistance
1827     and advice to the director in an action to collect a penalty.
1828          (d) In an action brought to collect a penalty, the court shall award reasonable attorney
1829     fees and costs to the prevailing party.
1830          Section 26. Section 58-63-102 is amended to read:
1831          58-63-102. Definitions.
1832          In addition to the definitions in Section 58-1-102, as used in this chapter:
1833          (1) "Agreement for services" means a written and signed agreement between a security
1834     service provider and a client that:
1835          (a) contains clear language that addresses and assigns financial responsibility;
1836          (b) describes the length, duties, and scope of the security services that will be provided;
1837     and
1838          (c) describes the compensation that will be paid by the client for the security services,
1839     including the compensation for each security officer.
1840          (2) "Armed courier service" means a person engaged in business as a contract security
1841     company who transports or offers to transport tangible personal property from one place or
1842     point to another under the control of an armed security officer employed by that service.
1843          (3) "Armed private security officer" means an individual:
1844          (a) employed by a contract security company;
1845          (b) whose primary duty is:
1846          (i) guarding personal or real property; or
1847          (ii) providing protection or security to the life and well being of humans or animals;
1848     and
1849          (c) who wears, carries, possesses, or has immediate access to a firearm in the
1850     performance of the individual's duties.
1851          (4) "Armored car company" means a person engaged in business under contract to
1852     others who transports or offers to transport tangible personal property, currency, valuables,
1853     jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that
1854     require secured delivery from one place to another under the control of an armored car security
1855     officer employed by the company using a specially equipped motor vehicle offering a high
1856     degree of security.

1857          (5) "Armored car security officer" means an individual:
1858          (a) employed by an armored car company;
1859          (b) whose primary duty is to guard the tangible property, currency, valuables, jewelry,
1860     SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured
1861     delivery from one place to another; and
1862          (c) who wears, carries, possesses, or has immediate access to a firearm in the
1863     performance of the individual's duties.
1864          (6) "Board" means the Security Services Licensing Board created in Section
1865     58-63-201.
1866          (7) "Client" means a person, company, or entity that contracts for and receives security
1867     services from a contract security company or an armored car company.
1868          (8) "Contract security company" means a company that is registered with the Division
1869     of Corporations and Commercial Code and is engaged in business to provide security services
1870     to another person, business, or entity on a contractual basis by assignment of an armed or
1871     unarmed private security officer.
1872          (9) "Corporate officer" means an individual who is on file with the Division of
1873     Corporations and Commercial Code as:
1874          (a) a corporate officer of a contract security company or an armored car company that
1875     is a corporation; or
1876          (b) a sole proprietor of a contract security company or an armored car company that is
1877     not a corporation.
1878          (10) "Financial responsibility," when referring to a contract security company, means
1879     that a contract security company may only provide security services to a client if the contract
1880     security company:
1881          (a) enters into an agreement for services with the client;
1882          (b) maintains a current general liability insurance policy with:
1883          (i) at least an annual $1,000,000 per occurrence limit;
1884          (ii) at least an annual $2,000,000 aggregate limit; and
1885          (iii) the following riders:
1886          (A) general liability;
1887          (B) assault and battery;

1888          (C) personal injury;
1889          (D) false arrest;
1890          (E) libel and slander;
1891          (F) invasion of privacy;
1892          (G) broad form property damage;
1893          (H) damage to property in the care, custody, or control of the security service provider;
1894     and
1895          (I) errors and omissions;
1896          (c) maintains a workers' compensation insurance policy with at least a $1,000,000 per
1897     occurrence limit and that covers each security officer employed by the contract security
1898     company; and
1899          (d) maintains a federal employer identification number and an unemployment
1900     insurance employer account as required under state and federal law.
1901          (11) "Identification card" means a personal pocket or wallet size card issued by the
1902     division to each armored car and armed or unarmed private security officer licensed under this
1903     chapter.
1904          (12) "Law enforcement agency" means the same as that term is defined in Section
1905     53-1-102.
1906          (13) "Owner" means an individual who is listed with the Division of Corporations and
1907     Commercial Code as a majority stockholder of a company, a general partner of a partnership,
1908     or the proprietor of a sole proprietorship.
1909          (14) "Peace officer" means a person who:
1910          (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
1911     Classifications; and
1912          (b) derives total or special law enforcement powers from, and is an employee of, the
1913     federal government, the state, or a political subdivision, agency, department, branch, or service
1914     of either, of a municipality, or a unit of local government.
1915          (15) "Regular basis" means at least 20 hours per month.
1916          (16) "Responsible management personnel" means an individual who is responsible for
1917     managing an applicant's operations.
1918          [(16)] (17) (a) "Security officer" means an individual who is licensed as an armed or

1919     unarmed private security officer under this chapter and who:
1920          (i) is employed by a contract security company securing, guarding, or otherwise
1921     protecting tangible personal property, real property, or the life and well being of human or
1922     animal life against:
1923          (A) trespass or other unlawful intrusion or entry;
1924          (B) larceny;
1925          (C) vandalism or other abuse;
1926          (D) arson or other criminal activity; or
1927          (E) personal injury caused by another person or as a result of an act or omission by
1928     another person;
1929          (ii) is controlling, regulating, or directing the flow of movements of an individual or
1930     vehicle; or
1931          (iii) providing street patrol service.
1932          (b) "Security officer" does not include an individual whose duties include taking
1933     admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
1934     materials of individuals who are entering a sports venue, concert venue, theatrical venue,
1935     convention center, fairgrounds, public assembly facility, or mass gathering location if:
1936          (i) the individual carries out these duties without the use of specialized equipment;
1937          (ii) the authority of the individual is limited to denying entry or passage of another
1938     individual into or within the facility; and
1939          (iii) the individual is not authorized to use physical force in the performance of the
1940     individual's duties under this Subsection [(16)] (17)(b).
1941          [(17)] (18) "Security service provider" means a contract security company or an
1942     armored car company licensed under this chapter.
1943          [(18)] (19) "Security system" means equipment, a device, or an instrument installed
1944     for:
1945          (a) detecting and signaling entry or intrusion by an individual into or onto, or exit from
1946     the premises protected by the system; or
1947          (b) signaling the commission of criminal activity at the election of an individual having
1948     control of the features of the security system.
1949          [(19)] (20) "Specialized resource, motor vehicle, or equipment" means an item of

1950     tangible personal property specifically designed for use in law enforcement or in providing
1951     security or guard services, or that is specially equipped with a device or feature designed for
1952     use in providing law enforcement, security, or guard services, but does not include:
1953          (a) standardized clothing, whether or not bearing a company name or logo, if the
1954     clothing does not bear the words "security" or "guard"; or
1955          (b) an item of tangible personal property, other than a firearm or nonlethal weapon, that
1956     may be used without modification in providing security or guard services.
1957          [(20)] (21) "Street patrol service" means a contract security company that provides
1958     patrols by means of foot, vehicle, or other method of transportation using public streets,
1959     thoroughfares, or property in the performance of the company's duties and responsibilities.
1960          [(21)] (22) "Unarmed private security officer" means an individual:
1961          (a) employed by a contract security company;
1962          (b) whose primary duty is guarding personal or real property or providing protection or
1963     security to the life and well being of humans or animals;
1964          (c) who does not wear, carry, possess, or have immediate access to a firearm in the
1965     performance of the individual's duties; and
1966          (d) who wears clothing of distinctive design or fashion bearing a symbol, badge,
1967     emblem, insignia, or other device that identifies the individual as a security officer.
1968          [(22)] (23) "Unlawful conduct" means the same as that term is defined in Sections
1969     58-1-501 and 58-63-501.
1970          [(23)] (24) "Unprofessional conduct" means the same as that term is defined in
1971     Sections 58-1-501 and 58-63-502 and as may be further defined by rule.
1972          Section 27. Section 58-63-302 is amended to read:
1973          58-63-302. Qualifications for licensure.
1974          (1) Each applicant for licensure as an armored car company or a contract security
1975     company shall:
1976          (a) submit an application in a form prescribed by the division;
1977          (b) pay a fee determined by the department under Section 63J-1-504;
1978          (c) have a qualifying agent who:
1979          (i) shall meet with the division and the board and demonstrate that the applicant and
1980     the qualifying agent meet the requirements of this section;

1981          (ii) is a resident of the state and is [a corporate officer] responsible management
1982     personnel or an owner of the applicant;
1983          (iii) exercises material day-to-day authority in the conduct of the applicant's business
1984     by making substantive technical and administrative decisions and whose primary employment
1985     is with the applicant;
1986          (iv) is not concurrently acting as a qualifying agent or employee of another armored car
1987     company or contract security company and is not engaged in any other employment on a
1988     regular basis;
1989          (v) is not involved in any activity that would conflict with the qualifying agent's duties
1990     and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
1991     performance under this chapter does not jeopardize the health or safety of the general public;
1992          (vi) is not an employee of a government agency;
1993          (vii) passes an examination component established by rule by the division in
1994     collaboration with the board; and
1995          (viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
1996     supervisor, or administrator of an armored car company or a contract security company; or
1997          (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
1998     collaboration with the board with a federal, United States military, state, county, or municipal
1999     law enforcement agency;
2000          (d) if a corporation, provide:
2001          (i) the names, addresses, dates of birth, and social security numbers of all corporate
2002     officers, directors, and [those] responsible management personnel [employed within the state or
2003     having direct responsibility for managing operations of the applicant within the state]; and
2004          (ii) the names, addresses, dates of birth, and social security numbers, of all
2005     shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
2006     the division if the stock is publicly listed and traded;
2007          (e) if a limited liability company, provide:
2008          (i) the names, addresses, dates of birth, and social security numbers of all company
2009     officers, and [those] responsible management personnel [employed within the state or having
2010     direct responsibility for managing operations of the applicant within the state]; and
2011          (ii) the names, addresses, dates of birth, and social security numbers of all individuals

2012     owning 5% or more of the equity of the company;
2013          (f) if a partnership, provide the names, addresses, dates of birth, and social security
2014     numbers of all general partners, and [those] responsible management personnel [employed
2015     within the state or having direct responsibility for managing operations of the applicant within
2016     the state];
2017          (g) if a proprietorship, provide the names, addresses, dates of birth, and social security
2018     numbers of the proprietor, and [those] responsible management personnel [employed within
2019     the state or having direct responsibility for managing operations of the applicant within the
2020     state];
2021          (h) have good moral character in that officers, directors, shareholders described in
2022     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
2023     been convicted of:
2024          (i) a felony;
2025          (ii) a misdemeanor involving moral turpitude; or
2026          (iii) a crime that when considered with the duties and responsibilities of a contract
2027     security company or an armored car company by the division and the board indicates that the
2028     best interests of the public are not served by granting the applicant a license;
2029          (i) document that none of the applicant's officers, directors, shareholders described in
2030     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
2031          (i) have been declared by a court of competent jurisdiction incompetent by reason of
2032     mental defect or disease and not been restored; and
2033          (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
2034          (j) file and maintain with the division evidence of:
2035          (i) comprehensive general liability insurance in a form and in amounts established by
2036     rule by the division in collaboration with the board;
2037          (ii) workers' compensation insurance that covers employees of the applicant in
2038     accordance with applicable Utah law;
2039          (iii) registration with the Division of Corporations and Commercial Code; and
2040          (iv) registration as required by applicable law with the:
2041          (A) Unemployment Insurance Division in the Department of Workforce Services, for
2042     purposes of Title 35A, Chapter 4, Employment Security Act;

2043          (B) State Tax Commission; and
2044          (C) Internal Revenue Service; and
2045          (k) meet with the division and board if requested by the division or board.
2046          (2) Each applicant for licensure as an armed private security officer shall:
2047          (a) submit an application in a form prescribed by the division;
2048          (b) pay a fee determined by the department under Section 63J-1-504;
2049          (c) have good moral character in that the applicant has not been convicted of:
2050          (i) a felony;
2051          (ii) a misdemeanor involving moral turpitude; or
2052          (iii) a crime that when considered with the duties and responsibilities of an armed
2053     private security officer by the division and the board indicates that the best interests of the
2054     public are not served by granting the applicant a license;
2055          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
2056     922(g);
2057          (e) not have been declared incompetent by a court of competent jurisdiction by reason
2058     of mental defect or disease and not been restored;
2059          (f) not be currently suffering from habitual drunkenness or from drug addiction or
2060     dependence;
2061          (g) successfully complete basic education and training requirements established by rule
2062     by the division in collaboration with the board, which shall include a minimum of eight hours
2063     of classroom or online curriculum;
2064          (h) successfully complete firearms training requirements established by rule by the
2065     division in collaboration with the board, which shall include a minimum of 12 hours of
2066     training;
2067          (i) pass the examination requirement established by rule by the division in
2068     collaboration with the board; and
2069          (j) meet with the division and board if requested by the division or the board.
2070          (3) Each applicant for licensure as an unarmed private security officer shall:
2071          (a) submit an application in a form prescribed by the division;
2072          (b) pay a fee determined by the department under Section 63J-1-504;
2073          (c) have good moral character in that the applicant has not been convicted of:

2074          (i) a felony;
2075          (ii) a misdemeanor involving moral turpitude; or
2076          (iii) a crime that when considered with the duties and responsibilities of an unarmed
2077     private security officer by the division and the board indicates that the best interests of the
2078     public are not served by granting the applicant a license;
2079          (d) not have been declared incompetent by a court of competent jurisdiction by reason
2080     of mental defect or disease and not been restored;
2081          (e) not be currently suffering from habitual drunkenness or from drug addiction or
2082     dependence;
2083          (f) successfully complete basic education and training requirements established by rule
2084     by the division in collaboration with the board, which shall include a minimum of eight hours
2085     of classroom or online curriculum;
2086          (g) pass the examination requirement established by rule by the division in
2087     collaboration with the board; and
2088          (h) meet with the division and board if requested by the division or board.
2089          (4) Each applicant for licensure as an armored car security officer shall:
2090          (a) submit an application in a form prescribed by the division;
2091          (b) pay a fee determined by the department under Section 63J-1-504;
2092          (c) have good moral character in that the applicant has not been convicted of:
2093          (i) a felony;
2094          (ii) a misdemeanor involving moral turpitude; or
2095          (iii) a crime that when considered with the duties and responsibilities of an armored car
2096     security officer by the division and the board indicates that the best interests of the public are
2097     not served by granting the applicant a license;
2098          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
2099     922(g);
2100          (e) not have been declared incompetent by a court of competent jurisdiction by reason
2101     of mental defect or disease and not been restored;
2102          (f) not be currently suffering from habitual drunkenness or from drug addiction or
2103     dependence;
2104          (g) successfully complete basic education and training requirements established by rule

2105     by the division in collaboration with the board;
2106          (h) successfully complete firearms training requirements established by rule by the
2107     division in collaboration with the board;
2108          (i) pass the examination requirements established by rule by the division in
2109     collaboration with the board; and
2110          (j) meet with the division and board if requested by the division or the board.
2111          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2112     division may make a rule establishing when the division shall request a Federal Bureau of
2113     Investigation records' review for an applicant who is applying for licensure or licensure renewal
2114     under this chapter.
2115          (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
2116     (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
2117     cards to the Department of Public Safety with the division's request to:
2118          (a) conduct a search of records of the Department of Public Safety for criminal history
2119     information relating to each applicant for licensure under this chapter and each applicant's
2120     officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
2121     responsible management personnel; and
2122          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
2123     requiring a check of records of the FBI for criminal history information under this section.
2124          (7) The Department of Public Safety shall send the division:
2125          (a) a written record of criminal history, or certification of no criminal history record, as
2126     contained in the records of the Department of Public Safety in a timely manner after receipt of
2127     a fingerprint card from the division and a request for review of Department of Public Safety
2128     records; and
2129          (b) the results of the FBI review concerning an applicant in a timely manner after
2130     receipt of information from the FBI.
2131          (8) (a) The division shall charge each applicant a fee, in accordance with Section
2132     63J-1-504, equal to the cost of performing the records reviews under this section.
2133          (b) The division shall pay the Department of Public Safety the costs of all records
2134     reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
2135     under this chapter.

2136          (9) The division shall use or disseminate the information it obtains from the reviews of
2137     criminal history records of the Department of Public Safety and the FBI only to determine if an
2138     applicant for licensure or licensure renewal under this chapter is qualified for licensure.
2139          Section 28. Section 58-73-302 is amended to read:
2140          58-73-302. Qualifications for licensure.
2141          (1) Each applicant for licensure as a chiropractic physician, other than those applying
2142     for a license based on licensure as a chiropractor or chiropractic physician in another
2143     jurisdiction, shall:
2144          (a) submit an application in a form prescribed by the division;
2145          (b) pay a fee determined by the department under Section 63J-1-504;
2146          (c) demonstrate satisfactory completion of at least two years of general study in a
2147     college or university;
2148          (d) demonstrate having earned a degree of doctor of chiropractic from a chiropractic
2149     college or university that at the time the degree was conferred was accredited by the Council on
2150     Chiropractic Education, Inc., or an equivalent chiropractic accrediting body recognized by the
2151     United States Department of Education and by the division rule made in collaboration with the
2152     board;
2153          (e) demonstrate successful completion of:
2154          (i) the National Chiropractic Boards:
2155          (A) Parts I and II;
2156          (B) Written Clinical Competency Examination; and
2157          (C) [Physical Therapy] Physiotherapy;
2158          (ii) the Utah Chiropractic Law and Rules Examination; and
2159          (iii) a practical examination approved by the division in collaboration with the board;
2160     and
2161          (f) meet with the board, if requested, for the purpose of reviewing the applicant's
2162     qualifications for licensure.
2163          (2) Each applicant for licensure as a chiropractic physician based on licensure as a
2164     chiropractor or chiropractic physician in another jurisdiction shall:
2165          (a) submit an application in the form prescribed by the division;
2166          (b) pay a fee determined by the department under Section 63J-1-504;

2167          (c) demonstrate having obtained licensure as a chiropractor or chiropractic physician in
2168     another state under education requirements which were equivalent to the education
2169     requirements in this state to obtain a chiropractor or chiropractic physician license at the time
2170     the applicant obtained the license in the other state;
2171          (d) demonstrate successful completion of:
2172          (i) the Utah Chiropractic Law and Rules Examination; and
2173          (ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
2174     of Chiropractic Examiners;
2175          (e) have been actively engaged in the practice of chiropractic for not less than two
2176     years immediately preceding application for licensure in this state; and
2177          (f) meet with the board, if requested, for the purpose of reviewing the applicant's
2178     qualifications for licensure.
2179          Section 29. Section 58-73-501 is amended to read:
2180          58-73-501. Unprofessional conduct.
2181          Unprofessional conduct is as defined in Section 58-1-501, as defined by division rule,
2182     and also includes:
2183          (1) engaging in practice as a chiropractic physician after electing to place his license on
2184     inactive status, without having established with the board that he has initiated or completed
2185     continuing education necessary to reinstate active status of his license;
2186          (2) failing to complete required continuing professional education;
2187          (3) violating any of the scope of practice standards set forth in Section 58-73-601;
2188          (4) failing to maintain patient records in sufficient detail to clearly substantiate a
2189     diagnosis, all treatment rendered to the patient in accordance with the recognized standard of
2190     chiropractic care, and fees charged for professional services;
2191          (5) refusing to divulge to the division on demand the means, methods, device, or
2192     instrumentality used in the treatment of a disease, injury, ailment, or infirmity, unless that
2193     information is protected by the physician-patient privilege of Utah and the patient has not
2194     waived that privilege;
2195          (6) refusing the division or its employees access to his office, instruments, laboratory
2196     equipment, appliances, or supplies at reasonable times for purposes of inspection;
2197          (7) fraudulently representing that curable disease, sickness, or injury can be cured in a

2198     stated time, or knowingly making any false statement in connection with the practice of
2199     chiropractic;
2200          (8) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, or
2201     infirmity by a secret means, method, device, or instrumentality;
2202          (9) willfully and intentionally making any false statement or entry in any chiropractic
2203     office records or other chiropractic records or reports;
2204          (10) knowingly engaging in billing practices which are abusive and represent charges
2205     which are fraudulent or grossly excessive for services rendered;
2206          (11) performing, procuring, or agreeing to procure or perform, or advising, aiding in or
2207     abetting, or offering or attempting to procure or aid or abet in the procuring of a criminal
2208     abortion;
2209          (12) willfully betraying or disclosing a professional confidence or violation of a
2210     privileged communication, except:
2211          (a) as required by law; or
2212          (b) to assist the division by fully and freely exchanging information concerning
2213     applicants or licensees with the licensing or disciplinary boards of other states or foreign
2214     countries, the Utah chiropractic associations, their component societies, or chiropractic
2215     societies of other states, countries, districts, territories, or foreign countries;
2216          (13) directly or indirectly giving or receiving any fee, commission, rebate, or other
2217     compensation for professional services not actually rendered or supervised, but this subsection
2218     does not preclude the legal relationships within lawful professional partnerships, corporations,
2219     or associations; [and]
2220          (14) knowingly failing to transfer a copy of pertinent and necessary medical records or
2221     a summary of them to another physician when requested to do so by the subject patient or his
2222     designated representative[.]; and
2223          (15) making a false entry in, or altering, a medical record with the intent to conceal:
2224          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
2225     or an individual under the direction or control of an individual licensed under this chapter; or
2226          (b) conduct described in Subsections (1) through (14) or Subsection 58-1-501(1).
2227          Section 30. Section 58-83-302 is amended to read:
2228          58-83-302. Qualifications for licensure.

2229          (1) Each applicant for licensure as an online prescriber under this chapter shall:
2230          (a) submit an application in a form prescribed by the division;
2231          (b) pay a fee determined by the department under Section 63J-1-504;
2232          [(c) be of good moral character;]
2233          [(d)] (c) document that the applicant holds a Utah license that is active and in good
2234     standing and authorizes the licensee to engage in the assessment, diagnosis, and treatment of
2235     human ailments and the prescription of medications;
2236          [(e)] (d) document that any other professional license the applicant possesses from
2237     other jurisdictions is in good standing;
2238          [(f)] (e) (i) submit to the division an outline of the applicant's proposed online
2239     assessment, diagnosis, and prescribing tool, such as a branching questionnaire; and
2240          (ii) demonstrate the proposed online assessment, diagnosis, and prescribing tool to the
2241     board and establish to the board's satisfaction that the utilization of that assessment tool to
2242     facilitate the prescription of the drugs approved for online prescribing under Section 58-83-305
2243     does not compromise the public's health, safety, or welfare;
2244          [(g)] (f) submit policies and procedures that address patient confidentiality, including
2245     measures that will be taken to ensure that the age and other identifying information of the
2246     person completing the online branching questionnaire are accurate;
2247          [(h)] (g) describe the mechanism by which the online prescriber and patient will
2248     communicate with one another, including electronic and telephonic communication;
2249          [(i)] (h) describe how the online prescriber/patient relationship will be established and
2250     maintained;
2251          [(j)] (i) submit the name, address, and contact person of the Internet facilitator with
2252     whom the online prescriber has contracted to provide services that the online prescriber will
2253     use to engage in online assessment, diagnosis, and prescribing; and
2254          [(k)] (j) submit documentation satisfactory to the board regarding public health, safety,
2255     and welfare demonstrating:
2256          (i) how the online prescriber will comply with the requirements of Section 58-83-305;
2257          (ii) the contractual services arrangement between the online prescriber and:
2258          (A) the Internet facilitator; and
2259          (B) the online contract pharmacy; and

2260          (iii) how the online prescriber will allow and facilitate the division's ability to conduct
2261     audits in accordance with Section 58-83-308.
2262          (2) An online prescriber may not use the services of an Internet facilitator or online
2263     contract pharmacy whose license is not active and in good standing.
2264          (3) Each applicant for licensure as an online contract pharmacy under this chapter
2265     shall:
2266          (a) be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class B
2267     Closed Door Pharmacy;
2268          (b) submit a written application in the form prescribed by the division;
2269          (c) pay a fee as determined by the department under Section 63J-1-504;
2270          (d) submit any contract between the applicant and the Internet facilitator with which
2271     the applicant is or will be affiliated;
2272          (e) submit proof of liability insurance acceptable to the division that expressly covers
2273     all activities the online contract pharmacy will engage in under this chapter, which coverage
2274     shall be in a minimum amount of $1,000,000 per occurrence with a policy limit of not less than
2275     $3,000,000;
2276          (f) submit a signed affidavit to the division attesting that the online contract pharmacy
2277     will not dispense a drug that is prescribed by an online prescriber engaged in the delivery of
2278     online pharmaceutical services under the provisions of this chapter unless:
2279          (i) the drug is specifically approved by the division under Section 58-83-306; and
2280          (ii) both the prescribing and the dispensing of the drug were facilitated by the Internet
2281     facilitator with whom the Internet contract pharmacy is associated under Subsection
2282     58-83-302(3)(d);
2283          (g) document that any other professional license the applicant possesses from other
2284     jurisdictions is active and in good standing; and
2285          (h) demonstrate to the division that the applicant has satisfied any background check
2286     required by Section 58-17b-307, and each owner, officer, or manager of the applicant online
2287     contract pharmacy has not engaged in any act, practice, or omission, which when considered
2288     with the duties and responsibilities of a licensee under this chapter indicates there is cause to
2289     believe that issuing a license under this chapter is inconsistent with the public's health, safety,
2290     or welfare.

2291          (4) Each applicant for licensure as an Internet facilitator under this chapter shall:
2292          (a) submit a written application in the form prescribed by the division;
2293          (b) pay a fee as determined by the department under Section 63J-1-504;
2294          (c) submit any contract between the applicant and the following with which the
2295     applicant will be affiliated:
2296          (i) each online prescriber; and
2297          (ii) the single online contract pharmacy;
2298          (d) submit written policies and procedures satisfactory to the division that:
2299          (i) address patient privacy, including compliance with 45 C.F.R. Parts 160, 162, and
2300     164, Health Insurance Portability and Accountability Act of 1996;
2301          (ii) ensure compliance with all applicable laws by health care personnel and the online
2302     prescriber who will process patient communications;
2303          (iii) list the hours of operation;
2304          (iv) describe the types of services that will be permitted electronically;
2305          (v) describe the required patient information to be included in the communication, such
2306     as patient name, identification number, and type of transaction;
2307          (vi) establish procedures for archiving and retrieving information; and
2308          (vii) establish quality oversight mechanisms;
2309          (e) submit written documentation of the applicant's security measures to ensure the
2310     confidentiality and integrity of any user-identifiable medical information;
2311          (f) submit a description of the mechanism for:
2312          (i) patients to access, supplement, and amend patient-provided personal health
2313     information;
2314          (ii) back-up regarding the Internet facilitator electronic interface;
2315          (iii) the quality of information and services provided via the interface; and
2316          (iv) patients to register complaints regarding the Internet facilitator, the online
2317     prescriber, or the online contract pharmacy;
2318          (g) submit a copy of the Internet facilitator's website;
2319          (h) sign an affidavit attesting that:
2320          (i) the applicant will not access any medical records or information contained in the
2321     medical record except as necessary to administer the website and the branching questionnaire;

2322     and
2323          (ii) the applicant and its principals, and any entities affiliated with them, will only use
2324     the services of a single online contract pharmacy named on the license approved by the
2325     division; and
2326          (i) submit any other information required by the division.
2327          Section 31. Section 62A-3-202 is amended to read:
2328          62A-3-202. Definitions.
2329          As used in this part:
2330          (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
2331          (2) "Auxiliary aids and services" means items, equipment, or services that assist in
2332     effective communication between an individual who has a mental, hearing, vision, or speech
2333     disability and another individual.
2334          (3) "Government agency" means any department, division, office, bureau, board,
2335     commission, authority, or any other agency or instrumentality created by the state, or to which
2336     the state is a party, or created by any county or municipality, which is responsible for the
2337     regulation, visitation, inspection, or supervision of facilities, or which provides services to
2338     patients, residents, or clients of facilities.
2339          (4) "Intermediate care facility" means the same as that term is defined in Section
2340     [58-15-2] 58-15-102.
2341          (5) (a) "Long-term care facility" means:
2342          (i) a skilled nursing facility;
2343          (ii) except as provided in Subsection (5)(b), an intermediate care facility;
2344          (iii) a nursing home;
2345          (iv) a small health care facility;
2346          (v) a small health care facility type N; or
2347          (vi) an assisted living facility.
2348          (b) "Long-term care facility" does not mean an intermediate care facility for people
2349     with an intellectual disability, as defined in Section [58-15-2] 58-15-102.
2350          (6) "Ombudsman" means the administrator of the long-term care ombudsman program,
2351     created pursuant to Section 62A-3-203.
2352          (7) "Ombudsman program" means the Long-Term Care Ombudsman Program.

2353          (8) "Resident" means an individual who resides in a long-term care facility.
2354          (9) "Skilled nursing facility" means the same as that term is defined in Section
2355     [58-15-2] 58-15-102.
2356          (10) "Small health care facility" means the same as that term is defined in Section
2357     26-21-2.
2358          (11) "Small health care facility type N" means a residence in which a licensed nurse
2359     resides and provides protected living arrangements, nursing care, and other services on a daily
2360     basis for two to three individuals who are also residing in the residence and are unrelated to the
2361     licensee.
2362          Section 32. Repealer.
2363          This bill repeals:
2364          Section 58-5a-305, License by endorsement.