Representative Joel Ferry proposes the following substitute bill:


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     General Description:
10          This bill modifies provisions related to licensed professions.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the name of the Division of Occupational and Professional Licensing
14     (division);
15          ▸     defines terms;
16          ▸     amends defined terms;
17          ▸     modifies licensing board duties;
18          ▸     amends license application requirements;
19          ▸     modifies the division's authority to grant a license by endorsement;
20          ▸     removes good moral character provisions for certain licensed professions;
21          ▸     amends the definition of "practice of environmental health science";
22          ▸     modifies provisions related to speech-language pathology and audiology;
23          ▸     amends provisions related to unprofessional conduct for certain professions;
24          ▸     modifies the division's citation authority for certain unprofessional conduct for the
25     construction trades;

26          ▸     modifies provisions related to armored car company and contract security company
27     license qualifications;
28          ▸     amends provisions related to chiropractic physician license qualifications;
29          ▸     defines as unprofessional conduct the following actions by a chiropractic physician:
30               •     making a false entry under certain circumstances;
31               •     sharing professional fees with a person who is not licensed; or
32               •     paying a person for a patient referral;
33          ▸     removes the sunset date for provisions relating to online curriculum for a licensed
34     cosmetology related program;
35          ▸     extends the sunset date for the Recreational Therapy Practice Act;
36          ▸     prohibits a kickback or bribe for a referral for a good or service that relates to an
37     insurance claim or claim for damages;
38          ▸     creates a criminal penalty for certain prohibited activities; and
39          ▸     makes technical and conforming changes.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          This bill provides revisor instructions.
44          This bill provides a coordination clause.
45     Utah Code Sections Affected:
46     AMENDS:
47          13-1-2, as last amended by Laws of Utah 2021, Chapter 345
48          13-23-2, as last amended by Laws of Utah 2021, Chapter 266
49          15A-1-102, as last amended by Laws of Utah 2020, Chapter 43
50          15A-3-402, as last amended by Laws of Utah 2020, Chapter 441
51          17-21-18.5, as last amended by Laws of Utah 2019, Chapter 302
52          17-22-30, as last amended by Laws of Utah 2021, Chapter 148
53          17-23-17, as last amended by Laws of Utah 2016, Chapter 303
54          26-2-2, as last amended by Laws of Utah 2020, Chapter 251
55          26-4-10.5, as enacted by Laws of Utah 2016, Chapter 104
56          26-6-27, as last amended by Laws of Utah 2021, Chapter 345

57          26-7-13, as enacted by Laws of Utah 2020, Chapter 201
58          26-8a-310, as last amended by Laws of Utah 2021, Chapters 237 and 262
59          26-15-3, as last amended by Laws of Utah 2011, Chapter 14
60          26-21-22, as enacted by Laws of Utah 1998, Chapter 288
61          26-21-26, as last amended by Laws of Utah 2016, Chapter 99
62          26-21-204, as last amended by Laws of Utah 2021, Chapter 262
63          26-49-205, as enacted by Laws of Utah 2008, Chapter 242
64          26-55-105, as enacted by Laws of Utah 2016, Chapter 208 and last amended by
65     Coordination Clause, Laws of Utah 2016, Chapter 202
66          26-55-108, as last amended by Laws of Utah 2018, Chapter 38
67          26-60-104, as enacted by Laws of Utah 2017, Chapter 241
68          26-61-202, as last amended by Laws of Utah 2020, Chapter 12
69          26-61a-103, as last amended by Laws of Utah 2021, Chapters 17, 337, 344, and 350
70          26-61a-106, as last amended by Laws of Utah 2021, Chapters 337 and 350
71          26-61a-303, as last amended by Laws of Utah 2021, Chapters 84 and 345
72          26-61a-401, as last amended by Laws of Utah 2021, Chapter 337
73          26-61a-403, as last amended by Laws of Utah 2021, Chapters 337 and 350
74          26-61a-501, as last amended by Laws of Utah 2021, Chapters 337 and 350
75          26-61a-503, as last amended by Laws of Utah 2021, Chapter 337
76          26-61a-506, as last amended by Laws of Utah 2020, Chapter 12
77          26-61a-605, as last amended by Laws of Utah 2021, Chapter 350
78          26-61a-606, as last amended by Laws of Utah 2021, Chapter 350
79          26-64-102, as enacted by Laws of Utah 2018, Chapter 295
80          26A-1-113, as last amended by Laws of Utah 2011, Chapter 14
81          26A-1-114, as last amended by Laws of Utah 2021, Chapter 437
82          26A-1-126, as last amended by Laws of Utah 2013, Chapter 44
83          31A-22-642, as last amended by Laws of Utah 2019, Chapter 332
84          32B-4-305, as last amended by Laws of Utah 2021, Chapter 260
85          34-38-13, as last amended by Laws of Utah 2004, Chapter 152
86          35A-6-105, as last amended by Laws of Utah 2021, Chapters 282 and 301
87          36-23-102, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307

88          36-23-107, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307
89          38-1a-102, as last amended by Laws of Utah 2019, Chapter 250
90          38-1b-102, as last amended by Laws of Utah 2016, Chapter 350
91          38-11-102, as last amended by Laws of Utah 2020, Chapters 154 and 339
92          38-11-103, as last amended by Laws of Utah 1995, Chapter 172
93          41-6a-502, as last amended by Laws of Utah 2020, Chapter 177
94          41-6a-502.5, as last amended by Laws of Utah 2021, Chapter 79
95          53-2a-1205, as enacted by Laws of Utah 2014, Chapter 376
96          53-10-114, as enacted by Laws of Utah 1998, Chapter 101
97          53B-24-304, as renumbered and amended by Laws of Utah 2013, Chapter 28
98          53F-2-305, as last amended by Laws of Utah 2020, Chapters 308 and 408
99          53F-2-405, as last amended by Laws of Utah 2020, Chapters 308 and 408
100          58-1-102, as last amended by Laws of Utah 2016, Chapter 127
101          58-1-103, as renumbered and amended by Laws of Utah 1993, Chapter 297
102          58-1-202, as last amended by Laws of Utah 2018, Chapter 129
103          58-1-301, as last amended by Laws of Utah 2019, Chapter 133
104          58-1-302, as last amended by Laws of Utah 2020, Chapter 339
105          58-3a-302, as last amended by Laws of Utah 2020, Chapter 339
106          58-9-302, as last amended by Laws of Utah 2018, Chapter 326
107          58-16a-302, as last amended by Laws of Utah 2020, Chapter 339
108          58-17b-504, as last amended by Laws of Utah 2020, Chapter 339
109          58-20b-102, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
110          58-22-102, as last amended by Laws of Utah 2020, Chapter 339
111          58-28-304, as last amended by Laws of Utah 2020, Chapter 339
112          58-28-503, as last amended by Laws of Utah 2018, Chapter 318
113          58-31b-303, as last amended by Laws of Utah 2006, Chapter 291
114          58-31b-503, as last amended by Laws of Utah 2020, Chapter 339
115          58-37-2, as last amended by Laws of Utah 2020, Chapter 12
116          58-37-6, as last amended by Laws of Utah 2021, Chapters 23, 165, and 262
117          58-37-8, as last amended by Laws of Utah 2021, Chapter 236
118          58-37c-5, as repealed and reenacted by Laws of Utah 1992, Chapter 155

119          58-37c-6, as last amended by Laws of Utah 2008, Chapter 382
120          58-37c-21, as last amended by Laws of Utah 1999, Chapter 21
121          58-37d-9, as last amended by Laws of Utah 1999, Chapter 21
122          58-38a-201, as last amended by Laws of Utah 2020, Chapter 26
123          58-41-4, as last amended by Laws of Utah 2019, Chapter 349
124          58-44a-302, as last amended by Laws of Utah 2016, Chapter 238
125          58-44a-402, as last amended by Laws of Utah 2018, Chapter 318
126          58-55-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
127          58-55-302, as last amended by Laws of Utah 2020, Chapter 339
128          58-55-502, as last amended by Laws of Utah 2011, Chapters 170 and 413
129          58-55-503, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
130          58-56-2, as enacted by Laws of Utah 1989, Chapter 269
131          58-57-14, as last amended by Laws of Utah 2008, Chapter 382
132          58-61-704, as last amended by Laws of Utah 2020, Chapter 339
133          58-63-102, as last amended by Laws of Utah 2017, Chapter 197
134          58-63-302, as last amended by Laws of Utah 2020, Chapter 339
135          58-67-503, as last amended by Laws of Utah 2020, Chapter 339
136          58-68-503, as last amended by Laws of Utah 2020, Chapter 339
137          58-71-402, as last amended by Laws of Utah 2008, Chapter 382
138          58-73-302, as last amended by Laws of Utah 2020, Chapter 339
139          58-73-501, as last amended by Laws of Utah 1998, Chapter 26
140          58-83-102, as enacted by Laws of Utah 2010, Chapter 180
141          58-83-302, as enacted by Laws of Utah 2010, Chapter 180
142          58-83-401, as last amended by Laws of Utah 2011, Chapter 367
143          58-83-502, as last amended by Laws of Utah 2020, Chapter 25
144          58-87-103, as renumbered and amended by Laws of Utah 2017, Chapter 225
145          59-10-1111, as enacted by Laws of Utah 2016, Chapter 407
146          62A-3-202, as last amended by Laws of Utah 2018, Chapter 60
147          62A-3-305, as last amended by Laws of Utah 2021, Chapter 419
148          62A-3-311.1, as last amended by Laws of Utah 2017, Chapter 195
149          62A-3-312, as last amended by Laws of Utah 2017, Chapter 176

150          62A-4a-411, as last amended by Laws of Utah 2021, Chapter 419
151          62A-4a-603, as last amended by Laws of Utah 2020, Chapter 250
152          62A-15-103, as last amended by Laws of Utah 2021, Chapters 231 and 277
153          63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
154     and 382
155          63I-1-258, as last amended by Laws of Utah 2021, Chapter 32
156          63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
157          63N-1b-301, as renumbered and amended by Laws of Utah 2021, Chapter 282
158          78B-3-403, as last amended by Laws of Utah 2019, Chapter 349
159     ENACTS:
160          76-10-3201, Utah Code Annotated 1953
161     RENUMBERS AND AMENDS:
162          58-15-101, (Renumbered from 58-15-2, as last amended by Laws of Utah 2016,
163     Chapter 238)
164          58-15-201, (Renumbered from 58-15-3, as last amended by Laws of Utah 2011,
165     Chapter 366)
166          58-15-301, (Renumbered from 58-15-4, as last amended by Laws of Utah 2009,
167     Chapter 183)
168          58-15-302, (Renumbered from 58-15-4.5, as enacted by Laws of Utah 1993, Chapter
169     297)
170          58-15-303, (Renumbered from 58-15-11, as last amended by Laws of Utah 2020,
171     Chapter 339)
172          58-15-401, (Renumbered from 58-15-12, as enacted by Laws of Utah 1993, Chapter
173     297)
174          58-15-501, (Renumbered from 58-15-10, as repealed and reenacted by Laws of Utah
175     1993, Chapter 297)
176     REPEALS:
177          58-1-101, as renumbered and amended by Laws of Utah 1993, Chapter 297
178          58-5a-305, as last amended by Laws of Utah 1996, Chapter 232
179          58-15-1, as enacted by Laws of Utah 1985, Chapter 49
180     Utah Code Sections Affected by Coordination Clause:

181          26-69-405, Utah Code Annotated 1953
182     

183     Be it enacted by the Legislature of the state of Utah:
184          Section 1. Section 13-1-2 is amended to read:
185          13-1-2. Creation and functions of department -- Divisions created -- Fees --
186     Commerce Service Account.
187          (1) (a) There is created the Department of Commerce.
188          (b) The department shall:
189          (i) execute and administer state laws regulating business activities and occupations
190     affecting the public interest; and
191          (ii) ensure that any training or certification required of a public official or public
192     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
193     22, State Training and Certification Requirements, if the training or certification is required:
194          (A) under this title;
195          (B) by the department; or
196          (C) by an agency or division within the department.
197          (2) Within the department the following divisions are created:
198          (a) the Division of [Occupational and] Professional Licensing;
199          (b) the Division of Real Estate;
200          (c) the Division of Securities;
201          (d) the Division of Public Utilities;
202          (e) the Division of Consumer Protection; and
203          (f) the Division of Corporations and Commercial Code.
204          (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
205     fees assessed for services provided by the department by following the procedures and
206     requirements of Section 63J-1-504.
207          (b) The department shall submit each fee established in this manner to the Legislature
208     for [its] the Legislature's approval as part of the department's annual appropriations request.
209          (c) (i) There is created a restricted account within the General Fund known as the
210     "Commerce Service Account."
211          (ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by

212     each division and by the department.
213          (iii) The undesignated account balance may not exceed $1,000,000 at the end of each
214     fiscal year.
215          (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
216     into the General Fund any undesignated funds in the account that exceed the amount necessary
217     to maintain the undesignated account balance at $1,000,000.
218          (d) The department may not charge or collect a fee or expend money from the
219     restricted account without approval by the Legislature.
220          (4) (a) As used in this Subsection (4):
221          (i) "Business entity" means a sole proprietorship, partnership, limited partnership,
222     limited liability company, corporation, or other entity or association used to carry on a business
223     for profit.
224          (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in
225     Subsection (4)(c).
226          (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial
227     Code, established in Section 13-1a-1, is authorized or required to charge a business entity in
228     connection with the business entity's periodic renewal of [its] the business entity's status with
229     the Division of Corporations and Commercial Code.
230          (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the
231     establishment and maintenance of the single sign-on business portal.
232          (v) "Single sign-on business portal" means the same as that term is defined in Section
233     63A-16-802.
234          (b) (i) The schedule of fees adopted by the department under Subsection (3) shall
235     include a single sign-on fee, not to exceed $5, as part of a renewal fee.
236          (ii) The department shall deposit all single sign-on fee revenue into the fund.
237          (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund.
238          (ii) The fund consists of:
239          (A) money that the department collects from the single sign-on fee; and
240          (B) money that the Legislature appropriates to the fund.
241          (d) The department shall use the money in the fund to pay for costs:
242          (i) to design, create, operate, and maintain the single sign-on business portal; and

243          (ii) incurred by:
244          (A) the Department of Technology Services, created in Section 63A-16-103; or
245          (B) a third-party vendor working under a contract with the Department of Technology
246     Services.
247          (e) The department shall report on fund revenues and expenditures to the Public
248     Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any
249     other time requested by the committee.
250          Section 2. Section 13-23-2 is amended to read:
251          13-23-2. Definitions.
252          As used in this chapter:
253          (1) "Business enterprise" means a sole proprietorship, partnership, association, joint
254     venture, corporation, limited liability company, or other entity used in carrying on a business.
255          (2) "Consumer" means a purchaser of health spa services for consideration.
256          (3) "Consumer's primary location" means the health spa facility that a health spa
257     designates in a contract for health spa services as the health spa facility the consumer will
258     primarily use for health spa services.
259          (4) "Division" means the Division of Consumer Protection.
260          (5) (a) "Health spa" means a business enterprise that provides access to a facility:
261          (i) for a charge or a fee; and
262          (ii) for the development or preservation of physical fitness or well-being, through
263     exercise, weight control, or athletics.
264          (b) "Health spa" does not include:
265          (i) a licensed physician who operates a facility at which the physician engages in the
266     practice of medicine;
267          (ii) a hospital, intermediate care facility, or skilled nursing care facility;
268          (iii) a public or private school, college, or university;
269          (iv) the state or a political subdivision of the state;
270          (v) the United States or a political subdivision of the United States;
271          (vi) a person offering instruction if the person does not:
272          (A) utilize an employee or independent contractor; or
273          (B) grant a consumer the use of a facility containing exercise equipment;

274          (vii) a business enterprise, the primary operation of which is to teach self-defense or a
275     martial art, including kickboxing, judo, or karate;
276          (viii) a business enterprise, the primary operation of which is to teach or allow an
277     individual to develop a specific skill rather than develop or preserve physical fitness, including
278     gymnastics, tennis, rock climbing, or a winter sport;
279          (ix) a business enterprise, the primary operation of which is to teach or allow an
280     individual to practice yoga or Pilates;
281          (x) a private employer who owns and operates a facility exclusively for the benefit of
282     the employer's employees, retirees, or family members, if the operation of the facility:
283          (A) is only incidental to the overall function and purpose of the employer's business;
284     and
285          (B) is offered on a nonprofit basis;
286          (xi) an individual providing professional services within the scope of the individual's
287     license with the Division of [Occupational and] Professional Licensing;
288          (xii) a country club;
289          (xiii) a nonprofit religious, ethnic, or community organization;
290          (xiv) a residential weight reduction center;
291          (xv) a business enterprise that only offers virtual services;
292          (xvi) a business enterprise that only offers a credit for a service that a separate business
293     enterprise offers;
294          (xvii) the owner of a lodging establishment, as defined in Section 29-2-102, if the
295     owner only provides access to the lodging establishment's facility to:
296          (A) a guest, as defined in Section 29-2-102; or
297          (B) an operator or employee of the lodging establishment;
298          (xviii) an association, declarant, owner, lessor, or developer of a residential housing
299     complex, planned community, or development, if at least 80% of the individuals accessing the
300     facility reside in the housing complex, planned community, or development; or
301          (xix) a person offering a personal training service exclusively as an employee or
302     independent contractor of a health spa.
303          (6) "Health spa facility" means a facility to which a business entity provides access:
304          (a) for a charge or a fee; and

305          (b) for the development or preservation of physical fitness or well-being, through
306     exercise, weight control, or athletics.
307          (7) (a) "Health spa service" means instruction, a service, a privilege, or a right that a
308     health spa offers for sale.
309          (b) "Health spa service" includes a personal training service.
310          (8) "Personal training service" means the personalized instruction, training,
311     supervision, or monitoring of an individual's physical fitness or well-being, through exercise,
312     weight control, or athletics.
313          Section 3. Section 15A-1-102 is amended to read:
314          15A-1-102. Definitions.
315          As used in this title:
316          (1) "Board" means the Utah Fire Prevention Board created in Section 53-7-203.
317          (2) "Division" means the Division of [Occupational and] Professional Licensing
318     created in Section 58-1-103, except as provided in:
319          (a) Part 4, State Fire Code Administration Act; and
320          (b) Chapter 5, State Fire Code Act.
321          (3) "State Construction Code" means the State Construction Code adopted by:
322          (a) Chapter 2, Adoption of State Construction Code;
323          (b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as
324     Part of State Construction Code;
325          (c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
326          (d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code;
327     and
328          (e) Chapter 6, Additional Construction Requirements.
329          (4) "State Fire Code" means the State Fire Code adopted by Chapter 5, State Fire Code
330     Act.
331          (5) "Utah Code" means the Utah Code Annotated (1953), as amended.
332          Section 4. Section 15A-3-402 is amended to read:
333          15A-3-402. Amendments to Chapters 1 through 5 of IMC.
334          (1) In IMC, Table 403.3.1.1, note h is deleted and replaced with the following:
335          "h. 1. A nail salon shall provide each manicure station where a nail technician files or

336     shapes an acrylic nail, as defined by rule by the Division of [Occupational and] Professional
337     Licensing, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
338     with:
339          a. a source capture system equipped with, at minimum, a MERV 8 particulate filter and
340     an activated carbon filter that is capable of filtering and recirculating air to inside space at a
341     rate not less than 50 cfm per station; or
342          b. a source capture system capable of exhausting not less than 50 cfm per station.
343          c. A nail salon that complies with Note h. la or h. lb is not required to comply with the
344     labeling, listing, or testing requirements described in International Mechanical Code sections
345     301.7 or 301.8.
346          2. For a source capture system described in paragraph 1, the source capture system
347     inlets for exhausting or recirculating air shall be located in accordance with Section 502.20.
348          3. Where one or more exhausting source capture systems described in paragraph 1
349     operate continuously during occupancy, the source capture system exhaust rate shall be
350     permitted to be applied to the exhaust flow rate required by Table 403.3.1.1 for the nail salon.
351          4. The requirements of this note apply to:
352          a. an existing nail salon that remodels the nail salon after July 1, 2017;
353          b. a new nail salon that begins construction after July 1, 2017; and
354          c. all nail salons beginning on July 1, 2020."
355          (2) In IMC, Section 502.20 is deleted and rewritten as follows:
356          "502.20 Manicure stations. A nail salon that files or shapes an acrylic nail shall provide
357     each manicure station with a source capture system in accordance with Table 403.3.1.1, note h.
358     For a manicure table that does not have factory-installed source capture system inlets for
359     recirculating or exhausting air, a nail salon shall provide the manicure table with inlets for
360     recirculating or exhausting air located not more than 12 inches (305 mm) horizontally and
361     vertically from the point of any acrylic chemical application.
362          Exception: Section 502.20 applies to a manicure station in:
363          a. an existing nail salon that remodels the nail salon after July 1, 2017;
364          b. a new nail salon that begins construction after July 1, 2017; and
365          c. all nail salons beginning on July 1, 2020."
366          Section 5. Section 17-21-18.5 is amended to read:

367          17-21-18.5. Fees of county recorder.
368          (1) The county recorder shall receive the following fees:
369          (a) for recording any instrument, not otherwise provided for, other than bonds of public
370     officers, $40;
371          (b) for recording any instrument, including those provided for under Title 70A,
372     Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
373     for, $40, and if an instrument contains more than 10 descriptions, $2 for each additional
374     description;
375          (c) for recording mining location notices and affidavits of labor affecting mining
376     claims, $40; and
377          (d) for an affidavit or proof of labor which contains more than 10 mining claims, $2 for
378     each additional mining claim.
379          (2) (a) Each county recorder shall record the mining rules of the several mining
380     districts in each county without fee.
381          (b) Certified copies of these records shall be received in all tribunals and before all
382     officers of this state as prima facie evidence of the rules.
383          (3) The county recorder shall receive the following fees:
384          (a) for copies of any record or document, a reasonable fee as determined by the county
385     legislative body;
386          (b) for each certificate under seal, $5;
387          (c) for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
388          (d) for taking and certifying acknowledgments, including seal, $5 for one name and $2
389     for each additional name;
390          (e) for recording any license issued by the Division of [Occupational and] Professional
391     Licensing, $40; and
392          (f) for recording a federal tax lien, $40, and for the discharge of the lien, $40.
393          (4) A county recorder may not charge more than one recording fee for each instrument,
394     regardless of whether the instrument bears multiple descriptive titles or includes one or more
395     attachments as part of the instrument.
396          (5) By January 1, 2022, each county shall accept and provide for electronic recording
397     of instruments.

398          (6) The county may determine and collect a fee for all services not enumerated in this
399     section.
400          (7) A county recorder may not be required to collect a fee for services that are
401     unrelated to the county recorder's office.
402          Section 6. Section 17-22-30 is amended to read:
403          17-22-30. Prohibition on providing copy of booking photograph -- Statement
404     required -- Criminal liability for false statement -- Remedy for failure to remove or
405     delete.
406          (1) As used in this section:
407          (a) "Booking photograph" means a photograph or image of an individual that is
408     generated:
409          (i) for identification purposes; and
410          (ii) when the individual is booked into a county jail.
411          (b) "Publish-for-pay publication" or "publish-for-pay website" means a publication or
412     website that requires the payment of a fee or other consideration in order to remove or delete a
413     booking photograph from the publication or website.
414          (2) A sheriff may not provide a copy of a booking photograph in any format to a person
415     requesting a copy of the booking photograph if:
416          (a) the booking photograph will be placed in a publish-for-pay publication or posted to
417     a publish-for-pay website; or
418          (b) the booking photograph is a protected record under Subsection
419     63G-2-305[(82)](81).
420          (3) (a) A person who requests a copy of a booking photograph from a sheriff shall, at
421     the time of making the request, submit a statement signed by the person affirming that the
422     booking photograph will not be placed in a publish-for-pay publication or posted to a
423     publish-for-pay website.
424          (b) A person who submits a false statement under Subsection (3)(a) is subject to
425     criminal liability as provided in Section 76-8-504.
426          (4) (a) Except as provided in Subsection (5), a publish-for-pay publication or a
427     publish-for-pay website shall remove and destroy a booking photograph of an individual who
428     submits a request for removal and destruction within 30 calendar days after the day on which

429     the individual makes the request.
430          (b) A publish-for-pay publication or publish-for-pay website described in Subsection
431     (4)(a) may not condition removal or destruction of the booking photograph on the payment of a
432     fee in an amount greater than $50.
433          (c) If the publish-for-pay publication or publish-for-pay website described in
434     Subsection (4)(a) does not remove and destroy the booking photograph in accordance with
435     Subsection (4)(a), the publish-for-pay publication or publish-for-pay website is liable for:
436          (i) all costs, including reasonable attorney fees, resulting from any legal action the
437     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
438     website to remove and destroy the booking photograph; and
439          (ii) a civil penalty of $50 per day for each day after the 30-day deadline described in
440     Subsection (4)(a) on which the booking photograph is visible or publicly accessible in the
441     publish-for-pay publication or on the publish-for-pay website.
442          (5) (a) A publish-for-pay publication or a publish-for-pay website shall remove and
443     destroy a booking photograph of an individual who submits a request for removal and
444     destruction within seven calendar days after the day on which the individual makes the request
445     if:
446          (i) the booking photograph relates to a criminal charge:
447          (A) on which the individual was acquitted or not prosecuted; or
448          (B) that was expunged, vacated, or pardoned; and
449          (ii) the individual submits, in relation to the request, evidence of a disposition
450     described in Subsection (5)(a)(i).
451          (b) If the publish-for-pay publication or publish-for-pay website described in
452     Subsection (5)(a) does not remove and destroy the booking photograph in accordance with
453     Subsection (5)(a), the publish-for-pay publication or publish-for-pay website is liable for:
454          (i) all costs, including reasonable attorney fees, resulting from any legal action that the
455     individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay
456     website to remove and destroy the booking photograph; and
457          (ii) a civil penalty of $100 per day for each day after the seven-day deadline described
458     in Subsection (5)(a) on which the booking photograph is visible or publicly accessible in the
459     publish-for-pay publication or on the publish-for-pay website.

460          (c) An act of a publish-for-pay publication or publish-for-pay website described in
461     Subsection (5)(a) that seeks to condition removal or destruction of the booking photograph on
462     the payment of any fee or amount constitutes theft by extortion under Section 76-6-406.
463          Section 7. Section 17-23-17 is amended to read:
464          17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking
465     of monuments -- Record of corner changes -- Penalties.
466          (1) As used in this section:
467          (a) "Land surveyor" means a surveyor who is licensed to practice land surveying in this
468     state in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land
469     Surveyors Licensing Act.
470          (b) (i) "Township" means a term used in the context of identifying a geographic area in
471     common surveyor practice.
472          (ii) "Township" does not mean a metro township as that term is defined in Section
473     10-2a-403.
474          (2) (a) (i) Each land surveyor making a boundary survey of lands within this state to
475     establish or reestablish a boundary line or to obtain data for constructing a map or plat showing
476     a boundary line shall file a map of the survey that meets the requirements of this section with
477     the county surveyor or designated office within 90 days of the establishment or reestablishment
478     of a boundary.
479          (ii) A land surveyor who fails to file a map of the survey as required by Subsection
480     (2)(a)(i) is guilty of an infraction.
481          (iii) Each failure to file a map of the survey as required by Subsection (2)(a)(i) is a
482     separate violation.
483          (b) The county surveyor or designated office shall file and index the map of the survey.
484          (c) The map shall be a public record in the office of the county surveyor or designated
485     office.
486          (3) This type of map shall show:
487          (a) the location of survey by quarter section and township and range;
488          (b) the date of survey;
489          (c) the scale of drawing and north point;
490          (d) the distance and course of all lines traced or established, giving the basis of bearing

491     and the distance and course to two or more section corners or quarter corners, including
492     township and range, or to identified monuments within a recorded subdivision;
493          (e) all measured bearings, angles, and distances separately indicated from those of
494     record;
495          (f) a written boundary description of property surveyed;
496          (g) all monuments set and their relation to older monuments found;
497          (h) a detailed description of monuments found and monuments set, indicated
498     separately;
499          (i) the surveyor's seal or stamp; and
500          (j) the surveyor's business name and address.
501          (4) (a) The map shall contain a written narrative that explains and identifies:
502          (i) the purpose of the survey;
503          (ii) the basis on which the lines were established; and
504          (iii) the found monuments and deed elements that controlled the established or
505     reestablished lines.
506          (b) If the narrative is a separate document, it shall contain:
507          (i) the location of the survey by quarter section and by township and range;
508          (ii) the date of the survey;
509          (iii) the surveyor's stamp or seal; and
510          (iv) the surveyor's business name and address.
511          (c) The map and narrative shall be referenced to each other if they are separate
512     documents.
513          (5) The map and narrative shall be created on material of a permanent nature on stable
514     base reproducible material in the sizes required by the county surveyor.
515          (6) (a) Any monument set by a licensed professional land surveyor to mark or reference
516     a point on a property or land line shall be durably and visibly marked or tagged with the
517     registered business name or the letters "L.S." followed by the registration number of the
518     surveyor in charge.
519          (b) If the monument is set by a licensed land surveyor who is a public officer, it shall
520     be marked with the official title of the office.
521          (7) (a) If, in the performance of a survey, a surveyor finds or makes any changes to the

522     section corner or quarter-section corner, or their accessories, the surveyor shall complete and
523     submit to the county surveyor or designated office a record of the changes made.
524          (b) The record shall be submitted within 45 days of the corner visits and shall include
525     the surveyor's seal, business name, and address.
526          (8) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
527     license of any land surveyor who fails to comply with the requirements of this section,
528     according to the procedures set forth in Title 58, Chapter 1, Division of [Occupational and]
529     Professional Licensing Act.
530          (9) Each federal or state agency, board, or commission, local district, special service
531     district, or municipal corporation that makes a boundary survey of lands within this state shall
532     comply with this section.
533          Section 8. Section 26-2-2 is amended to read:
534          26-2-2. Definitions.
535          As used in this chapter:
536          (1) "Adoption document" means an adoption-related document filed with the office, a
537     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
538     in support of a supplementary birth certificate.
539          (2) "Certified nurse midwife" means an individual who:
540          (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a,
541     Nurse Midwife Practice Act; and
542          (b) has completed an education program regarding the completion of a certificate of
543     death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah
544     Administrative Rulemaking Act.
545          [(2)] (3) "Custodial funeral service director" means a funeral service director who:
546          (a) is employed by a licensed funeral establishment; and
547          (b) has custody of a dead body.
548          [(3)] (4) "Dead body" or "decedent" means a human body or parts of the human body
549     from the condition of which it reasonably may be concluded that death occurred.
550          [(4)] (5) "Dead fetus" means a product of human conception, other than those
551     circumstances described in Subsection 76-7-301(1):
552          (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual

553     period began to the date of delivery; and
554          (b) that was not born alive.
555          [(5)] (6) "Declarant father" means a male who claims to be the genetic father of a child,
556     and, along with the biological mother, signs a voluntary declaration of paternity to establish the
557     child's paternity.
558          [(6)] (7) "Dispositioner" means:
559          (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
560     having the right and duty to control the disposition of the decedent, if the person voluntarily
561     acts as the dispositioner; or
562          (b) the next of kin of the decedent, if:
563          (i) (A) a person has not been designated as described in Subsection [(6)] (7)(a); or
564          (B) the person described in Subsection [(6)] (7)(a) is unable or unwilling to exercise
565     the right and duty described in Subsection [(6)] (7)(a); and
566          (ii) the next of kin voluntarily acts as the dispositioner.
567          [(7)] (8) "Fetal remains" means:
568          (a) an aborted fetus as that term is defined in Section 26-21-33; or
569          (b) a miscarried fetus as that term is defined in Section 26-21-34.
570          [(8)] (9) "File" means the submission of a completed certificate or other similar
571     document, record, or report as provided under this chapter for registration by the state registrar
572     or a local registrar.
573          [(9)] (10) "Funeral service director" means the same as that term is defined in Section
574     58-9-102.
575          [(10)] (11) "Health care facility" means the same as that term is defined in Section
576     26-21-2.
577          [(11)] (12) "Health care professional" means a physician, physician assistant, [or] nurse
578     practitioner, or certified nurse midwife.
579          [(12)] (13) "Licensed funeral establishment" means:
580          (a) if located in Utah, a funeral service establishment, as that term is defined in Section
581     58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
582          (b) if located in a state, district, or territory of the United States other than Utah, a
583     funeral service establishment that complies with the licensing laws of the jurisdiction where the

584     establishment is located.
585          [(13)] (14) "Live birth" means the birth of a child who shows evidence of life after the
586     child is entirely outside of the mother.
587          [(14)] (15) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b).
588          [(15)] (16) "Nurse practitioner" means an individual who:
589          (a) is licensed to practice as an advanced practice registered nurse under Title 58,
590     Chapter 31b, Nurse Practice Act; and
591          (b) has completed an education program regarding the completion of a certificate of
592     death developed by the department by administrative rule made in accordance with Title 63G,
593     Chapter 3, Utah Administrative Rulemaking Act.
594          [(16)] (17) "Office" means the Office of Vital Records and Statistics within the
595     Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act.
596          [(17)] (18) "Physician" means a person licensed to practice as a physician or osteopath
597     in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68,
598     Utah Osteopathic Medical Practice Act.
599          [(18)] (19) "Physician assistant" means an individual who:
600          (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah
601     Physician Assistant Act; and
602          (b) has completed an education program regarding the completion of a certificate of
603     death developed by the department by administrative rule made in accordance with Title 63G,
604     Chapter 3, Utah Administrative Rulemaking Act.
605          [(19)] (20) "Presumed father" means the father of a child conceived or born during a
606     marriage as defined in Section 30-1-17.2.
607          [(20)] (21) "Registration" or "register" means acceptance by the local or state registrar
608     of a certificate and incorporation of the certificate into the permanent records of the state.
609          [(21)] (22) "State registrar" means the state registrar of vital records appointed under
610     Subsection 26-2-3(2)(e).
611          [(22)] (23) "Vital records" means:
612          (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
613     dissolution of marriage, or annulment;
614          (b) amendments to any of the registered certificates or reports described in Subsection

615     [(22)] (23)(a);
616          (c) an adoption document; and
617          (d) other similar documents.
618          [(23)] (24) "Vital statistics" means the data derived from registered certificates and
619     reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce,
620     dissolution of marriage, or annulment.
621          Section 9. Section 26-4-10.5 is amended to read:
622          26-4-10.5. Medical examiner to report death caused by prescribed controlled
623     substance poisoning or overdose.
624          (1) If a medical examiner determines that the death of a person who is 12 years [of age]
625     old or older at the time of death resulted from poisoning or overdose involving a prescribed
626     controlled substance, the medical examiner shall, within three business days after the day on
627     which the medical examiner determines the cause of death, send a written report to the
628     Division of [Occupational and] Professional Licensing, created in Section 58-1-103, that
629     includes:
630          (a) the decedent's name;
631          (b) each drug or other substance found in the decedent's system that may have
632     contributed to the poisoning or overdose, if known; and
633          (c) the name of each person the medical examiner has reason to believe may have
634     prescribed a controlled substance described in Subsection (1)(b) to the decedent.
635          (2) This section does not create a new cause of action.
636          Section 10. Section 26-6-27 is amended to read:
637          26-6-27. Information regarding communicable or reportable diseases
638     confidentiality -- Exceptions.
639          (1) Information collected pursuant to this chapter in the possession of the department
640     or local health departments relating to an individual who has or is suspected of having a disease
641     designated by the department as a communicable or reportable disease under this chapter shall
642     be held by the department and local health departments as strictly confidential. The department
643     and local health departments may not release or make public that information upon subpoena,
644     search warrant, discovery proceedings, or otherwise, except as provided by this section.
645          (2) The information described in Subsection (1) may be released by the department or

646     local health departments only in accordance with the requirements of this chapter and as
647     follows:
648          (a) specific medical or epidemiological information may be released with the written
649     consent of the individual identified in that information or, if that individual is deceased, his
650     next-of-kin;
651          (b) specific medical or epidemiological information may be released to medical
652     personnel or peace officers in a medical emergency, as determined by the department in
653     accordance with guidelines it has established, only to the extent necessary to protect the health
654     or life of the individual identified in the information, or of the attending medical personnel or
655     law enforcement or public safety officers;
656          (c) specific medical or epidemiological information may be released to authorized
657     personnel within the department, local health departments, public health authorities, official
658     health agencies in other states, the United States Public Health Service, the Centers for Disease
659     Control and Prevention (CDC), or when necessary to continue patient services or to undertake
660     public health efforts to interrupt the transmission of disease;
661          (d) if the individual identified in the information is under the age of 18, the information
662     may be released to the Division of Child and Family Services within the Department of Human
663     Services in accordance with Section 62A-4a-403. If that information is required in a court
664     proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
665     the Person, the information shall be disclosed in camera and sealed by the court upon
666     conclusion of the proceedings;
667          (e) specific medical or epidemiological information may be released to authorized
668     personnel in the department or in local health departments, and to the courts, to carry out the
669     provisions of this title, and rules adopted by the department in accordance with this title;
670          (f) specific medical or epidemiological information may be released to blood banks,
671     organ and tissue banks, and similar institutions for the purpose of identifying individuals with
672     communicable diseases. The department may, by rule, designate the diseases about which
673     information may be disclosed under this subsection, and may choose to release the name of an
674     infected individual to those organizations without disclosing the specific disease;
675          (g) specific medical or epidemiological information may be released in such a way that
676     no individual is identifiable;

677          (h) specific medical or epidemiological information may be released to a "health care
678     provider" as defined in Section 78B-3-403, health care personnel, and public health personnel
679     who have a legitimate need to have access to the information in order to assist the patient, or to
680     protect the health of others closely associated with the patient;
681          (i) specific medical or epidemiological information regarding a health care provider, as
682     defined in Section 78B-3-403, may be released to the department, the appropriate local health
683     department, and the Division of [Occupational and] Professional Licensing within the
684     Department of Commerce, if the identified health care provider is endangering the safety or life
685     of any individual by his continued practice of health care;
686          (j) specific medical or epidemiological information may be released in accordance with
687     Section 26-6-31 if an individual is not identifiable; and
688          (k) specific medical or epidemiological information may be released to a state agency
689     as defined in Section 63A-17-901, to perform the analysis described in Subsection 26-6-32(4)
690     if the state agency agrees to act in accordance with the requirements in this chapter.
691          (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
692     intended only to aid health care providers in their treatment and containment of infectious
693     disease.
694          Section 11. Section 26-7-13 is amended to read:
695          26-7-13. Opioid and Overdose Fatality Review Committee.
696          (1) As used in this section:
697          (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
698     in this section.
699          (b) "Opioid overdose death" means a death primarily caused by opioids or another
700     substance that closely resembles an opioid.
701          (2) The department shall establish the Opioid and Overdose Fatality Review
702     Committee.
703          (3) (a) The committee shall consist of:
704          (i) the attorney general, or the attorney general's designee;
705          (ii) a state, county, or municipal law enforcement officer;
706          (iii) the manager of the department's Violence Injury Program, or the manager's
707     designee;

708          (iv) an emergency medical services provider;
709          (v) a representative from the Office of the Medical Examiner;
710          (vi) a representative from the Division of Substance Abuse and Mental Health;
711          (vii) a representative from the Office of Vital Records;
712          (viii) a representative from the Office of Health Care Statistics;
713          (ix) a representative from the Division of [Occupational and] Professional Licensing;
714          (x) a healthcare professional who specializes in the prevention, diagnosis, and
715     treatment of substance use disorders;
716          (xi) a representative from a state or local jail or detention center;
717          (xii) a representative from the Department of Corrections;
718          (xiii) a representative from Juvenile Justice Services;
719          (xiv) a representative from the Department of Public Safety;
720          (xv) a representative from the Commission on Criminal and Juvenile Justice;
721          (xvi) a physician from a Utah-based medical center; and
722          (xvii) a physician from a nonprofit vertically integrated health care organization.
723          (b) The president of the Senate may appoint one member of the Senate, and the speaker
724     of the House of Representatives may appoint one member of the House of Representatives, to
725     serve on the committee.
726          (4) The executive director of the department shall appoint a committee coordinator.
727          (5) (a) The department shall give the committee access to all reports, records, and other
728     documents that are relevant to the committee's responsibilities under Subsection (6) including
729     reports, records, or documents that are private, controlled, or protected under Title 63G,
730     Chapter 2, Government Records Access and Management Act.
731          (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
732     restrictions on disclosure of a report, record, or other document received under Subsection
733     (5)(a) as the department.
734          (6) The committee shall:
735          (a) conduct a multidisciplinary review of available information regarding a decedent of
736     an opioid overdose death, which shall include:
737          (i) consideration of the decedent's points of contact with health care systems, social
738     services systems, criminal justice systems, and other systems; and

739          (ii) identification of specific factors that put the decedent at risk for opioid overdose;
740          (b) promote cooperation and coordination among government entities involved in
741     opioid misuse, abuse, or overdose prevention;
742          (c) develop an understanding of the causes and incidence of opioid overdose deaths in
743     the state;
744          (d) make recommendations for changes to law or policy that may prevent opioid
745     overdose deaths;
746          (e) inform public health and public safety entities of emerging trends in opioid
747     overdose deaths;
748          (f) monitor overdose trends on non-opioid overdose deaths; and
749          (g) review non-opioid overdose deaths in the manner described in Subsection (6)(a),
750     when the committee determines that there are a substantial number of overdose deaths in the
751     state caused by the use of a non-opioid.
752          (7) A committee may interview or request information from a staff member, a
753     provider, or any other person who may have knowledge or expertise that is relevant to the
754     review of an opioid overdose death.
755          (8) A majority vote of committee members present constitutes the action of the
756     committee.
757          (9) The committee may meet up to eight times each year.
758          (10) When an individual case is discussed in a committee meeting under Subsection
759     (6)(a), (6)(g), or (7), the committee shall close the meeting in accordance with Sections
760     52-4-204 through 52-4-206.
761          Section 12. Section 26-8a-310 is amended to read:
762          26-8a-310. Background clearance for emergency medical service personnel.
763          (1) Subject to Section 26-8a-310.5, the department shall determine whether to grant
764     background clearance for an individual seeking licensure or certification under Section
765     26-8a-302 from whom the department receives:
766          (a) the individual's social security number, fingerprints, and other personal
767     identification information specified by the department under Subsection (4); and
768          (b) any fees established by the department under Subsection (10).
769          (2) The department shall determine whether to deny or revoke background clearance

770     for individuals for whom the department has previously granted background clearance.
771          (3) The department shall determine whether to grant, deny, or revoke background
772     clearance for an individual based on an initial and ongoing evaluation of information the
773     department obtains under Subsections (5) and (11), which, at a minimum, shall include an
774     initial criminal background check of state, regional, and national databases using the
775     individual's fingerprints.
776          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
777     Administrative Rulemaking Act, that specify:
778          (a) the criteria the department will use under Subsection (3) to determine whether to
779     grant, deny, or revoke background clearance; and
780          (b) the other personal identification information an individual seeking licensure or
781     certification under Section 26-8a-302 must submit under Subsection (1).
782          (5) To determine whether to grant, deny, or revoke background clearance, the
783     department may access and evaluate any of the following:
784          (a) Department of Public Safety arrest, conviction, and disposition records described in
785     Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
786     information in state, regional, and national records files;
787          (b) adjudications by a juvenile court of committing an act that if committed by an adult
788     would be a felony or misdemeanor, if:
789          (i) the applicant is under 28 years old; or
790          (ii) the applicant:
791          (A) is over 28 years old; and
792          (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
793     abeyance or diversion agreement for a felony or misdemeanor;
794          (c) juvenile court arrest, adjudication, and disposition records, other than those under
795     Subsection (5)(b), as allowed under Section 78A-6-209;
796          (d) child abuse or neglect findings described in Section 80-3-404;
797          (e) the Department of Human Services' Division of Child and Family Services
798     Licensing Information System described in Section 62A-4a-1006;
799          (f) the Department of Human Services' Division of Aging and Adult Services database
800     of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 62A-3-311.1;

801          (g) Division of [Occupational and] Professional Licensing records of licensing and
802     certification under Title 58, Occupations and Professions;
803          (h) records in other federal criminal background databases available to the state; and
804          (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
805     pending diversion agreements, or dispositions.
806          (6) Except for the Department of Public Safety, an agency may not charge the
807     department for information accessed under Subsection (5).
808          (7) When evaluating information under Subsection (3), the department shall classify a
809     crime committed in another state according to the closest matching crime under Utah law,
810     regardless of how the crime is classified in the state where the crime was committed.
811          (8) The department shall adopt measures to protect the security of information the
812     department accesses under Subsection (5), which shall include limiting access by department
813     employees to those responsible for acquiring, evaluating, or otherwise processing the
814     information.
815          (9) The department may disclose personal identification information the department
816     receives under Subsection (1) to the Department of Human Services to verify that the subject of
817     the information is not identified as a perpetrator or offender in the information sources
818     described in Subsections (5)(d) through (f).
819          (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
820     for:
821          (a) the cost of obtaining, storing, and evaluating information needed under Subsection
822     (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
823     background clearance; and
824          (b) other department costs related to granting, denying, or revoking background
825     clearance.
826          (11) The Criminal Investigations and Technical Services Division within the
827     Department of Public Safety shall:
828          (a) retain, separate from other division records, personal information under Subsection
829     (1), including any fingerprints sent to it by the Department of Health; and
830          (b) notify the Department of Health upon receiving notice that an individual for whom
831     personal information has been retained is the subject of:

832          (i) a warrant for arrest;
833          (ii) an arrest;
834          (iii) a conviction, including a plea in abeyance; or
835          (iv) a pending diversion agreement.
836          (12) The department shall use the Direct Access Clearance System database created
837     under Section 26-21-209 to manage information about the background clearance status of each
838     individual for whom the department is required to make a determination under Subsection (1).
839          (13) Clearance granted for an individual licensed or certified under Section 26-8a-302
840     is valid until two years after the day on which the individual is no longer licensed or certified in
841     Utah as emergency medical service personnel.
842          Section 13. Section 26-15-3 is amended to read:
843          26-15-3. Department to advise regarding the plumbing code.
844          (1) The department shall advise the Division of [Occupational and] Professional
845     Licensing and the Uniform Building Code Commission with respect to the adoption of a state
846     construction code under Section 15A-1-204, including providing recommendations as to:
847          (a) a specific edition of a plumbing code issued by a nationally recognized code
848     authority; and
849          (b) any amendments to a nationally recognized code.
850          (2) The department may enforce the plumbing code adopted under Section 15A-1-204.
851          (3) Section 58-56-9 does not apply to health inspectors acting under this section.
852          Section 14. Section 26-21-22 is amended to read:
853          26-21-22. Reporting of disciplinary information -- Immunity from liability.
854          A health care facility licensed under this chapter which reports disciplinary information
855     on a licensed nurse to the Division of [Occupational and] Professional Licensing within the
856     Department of Commerce as required by Section 58-31b-702 is entitled to the immunity from
857     liability provided by that section.
858          Section 15. Section 26-21-26 is amended to read:
859          26-21-26. General acute hospital to report prescribed controlled substance
860     poisoning or overdose.
861          (1) If a person who is 12 years [of age] old or older is admitted to a general acute
862     hospital for poisoning or overdose involving a prescribed controlled substance, the general

863     acute hospital shall, within three business days after the day on which the person is admitted,
864     send a written report to the Division of [Occupational and] Professional Licensing, created in
865     Section 58-1-103, that includes:
866          (a) the patient's name and date of birth;
867          (b) each drug or other substance found in the person's system that may have
868     contributed to the poisoning or overdose, if known;
869          (c) the name of each person who the general acute hospital has reason to believe may
870     have prescribed a controlled substance described in Subsection (1)(b) to the person, if known;
871     and
872          (d) the name of the hospital and the date of admission.
873          (2) Nothing in this section may be construed as creating a new cause of action.
874          Section 16. Section 26-21-204 is amended to read:
875          26-21-204. Clearance.
876          (1) The department shall determine whether to grant clearance for each applicant for
877     whom it receives:
878          (a) the personal identification information specified by the department under
879     Subsection 26-21-204(4)(b); and
880          (b) any fees established by the department under Subsection 26-21-204(9).
881          (2) The department shall establish a procedure for obtaining and evaluating relevant
882     information concerning covered individuals, including fingerprinting the applicant and
883     submitting the prints to the Criminal Investigations and Technical Services Division of the
884     Department of Public Safety for checking against applicable state, regional, and national
885     criminal records files.
886          (3) The department may review the following sources to determine whether an
887     individual should be granted or retain clearance, which may include:
888          (a) Department of Public Safety arrest, conviction, and disposition records described in
889     Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
890     information in state, regional, and national records files;
891          (b) juvenile court arrest, adjudication, and disposition records, as allowed under
892     Section 78A-6-209;
893          (c) federal criminal background databases available to the state;

894          (d) the Department of Human Services' Division of Child and Family Services
895     Licensing Information System described in Section 62A-4a-1006;
896          (e) child abuse or neglect findings described in Section 80-3-404;
897          (f) the Department of Human Services' Division of Aging and Adult Services
898     vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
899          (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
900          (h) licensing and certification records of individuals licensed or certified by the
901     Division of [Occupational and] Professional Licensing under Title 58, Occupations and
902     Professions; and
903          (i) the List of Excluded Individuals and Entities database maintained by the United
904     States Department of Health and Human Services' Office of Inspector General.
905          (4) The department shall adopt rules that:
906          (a) specify the criteria the department will use to determine whether an individual is
907     granted or retains clearance:
908          (i) based on an initial evaluation and ongoing review of information under Subsection
909     (3); and
910          (ii) including consideration of the relationship the following may have to patient and
911     resident protection:
912          (A) warrants for arrest;
913          (B) arrests;
914          (C) convictions, including pleas in abeyance;
915          (D) pending diversion agreements;
916          (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
917     28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
918     or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
919     and
920          (F) any other findings under Subsection (3); and
921          (b) specify the personal identification information that must be submitted by an
922     individual or covered body with an application for clearance, including:
923          (i) the applicant's Social Security number; and
924          (ii) fingerprints.

925          (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
926     in another state according to the closest matching crime under Utah law, regardless of how the
927     crime is classified in the state where the crime was committed.
928          (6) The Department of Public Safety, the Administrative Office of the Courts, the
929     Department of Human Services, the Division of [Occupational and] Professional Licensing,
930     and any other state agency or political subdivision of the state:
931          (a) shall allow the department to review the information the department may review
932     under Subsection (3); and
933          (b) except for the Department of Public Safety, may not charge the department for
934     access to the information.
935          (7) The department shall adopt measures to protect the security of the information it
936     reviews under Subsection (3) and strictly limit access to the information to department
937     employees responsible for processing an application for clearance.
938          (8) The department may disclose personal identification information specified under
939     Subsection (4)(b) to the Department of Human Services to verify that the subject of the
940     information is not identified as a perpetrator or offender in the information sources described in
941     Subsections (3)(d) through (f).
942          (9) The department may establish fees, in accordance with Section 63J-1-504, for an
943     application for clearance, which may include:
944          (a) the cost of obtaining and reviewing information under Subsection (3);
945          (b) a portion of the cost of creating and maintaining the Direct Access Clearance
946     System database under Section 26-21-209; and
947          (c) other department costs related to the processing of the application and the ongoing
948     review of information pursuant to Subsection (4)(a) to determine whether clearance should be
949     retained.
950          Section 17. Section 26-49-205 is amended to read:
951          26-49-205. Provision of volunteer health or veterinary services -- Administrative
952     sanctions -- Authority of Division of Professional Licensing.
953          (1) Subject to Subsections (2) and (3), a volunteer health practitioner shall comply with
954     the scope of practice for a similarly licensed practitioner established by the licensing
955     provisions, practice acts, or other Utah laws.

956          (2) Except as otherwise provided in Subsection (3), this chapter does not authorize a
957     volunteer health practitioner to provide services that are outside the volunteer health
958     practitioner's scope of practice, even if a similarly licensed practitioner in Utah would be
959     permitted to provide the services.
960          (3) (a) In accordance with this section and Section 58-1-405, the Division of
961     [Occupational and] Professional Licensing may issue an order modifying or restricting the
962     health or veterinary services that volunteer health practitioners may provide pursuant to this
963     chapter.
964          (b) An order under this subsection takes effect immediately, without prior notice or
965     comment, and is not a rule within the meaning of Title 63G, Chapter 3, Utah Administrative
966     Rulemaking Act, or a directive within the meaning of Title 63G, Chapter 4, Administrative
967     Procedures Act.
968          (4) A host entity may restrict the health or veterinary services that a volunteer health
969     practitioner may provide under this chapter.
970          (5) (a) A volunteer health practitioner does not engage in unauthorized practice unless
971     the volunteer health practitioner has reason to know of any limitation, modification, or
972     restriction under this chapter, Title 58, Chapter 1, Division of [Occupational and] Professional
973     Licensing Act, or that a similarly licensed practitioner in Utah would not be permitted to
974     provide the services.
975          (b) A volunteer health practitioner has reason to know of a limitation, modification, or
976     restriction, or that a similarly licensed practitioner in Utah would not be permitted to provide a
977     service, if:
978          (i) the volunteer health practitioner knows the limitation, modification, or restriction
979     exists or that a similarly licensed practitioner in Utah would not be permitted to provide the
980     service; or
981          (ii) from all the facts and circumstances known to the volunteer health practitioner at
982     the relevant time, a reasonable person would conclude that:
983          (A) the limitation, modification, or restriction exists; or
984          (B) a similarly licensed practitioner in Utah would not be permitted to provide the
985     service.
986          (6) In addition to the authority granted by law of Utah other than this chapter to

987     regulate the conduct of volunteer health practitioners, the Division of [Occupational and]
988     Professional Licensing Act or other disciplinary authority in Utah:
989          (a) may impose administrative sanctions upon a volunteer health practitioner licensed
990     in Utah for conduct outside of Utah in response to an out-of-state emergency;
991          (b) may impose administrative sanctions upon a volunteer health practitioner not
992     licensed in Utah for conduct in Utah in response to an in-state emergency; and
993          (c) shall report any administrative sanctions imposed upon a volunteer health
994     practitioner licensed in another state to the appropriate licensing board or other disciplinary
995     authority in any other state in which the volunteer health practitioner is known to be licensed.
996          (7) In determining whether or not to impose administrative sanctions under Subsection
997     (6), the Division of [Occupational and] Professional Licensing Act or other disciplinary
998     authority shall consider the circumstances in which the conduct took place, including:
999          (a) any exigent circumstances; and
1000          (b) the volunteer health practitioner's scope of practice, education, training, experience,
1001     and specialized skill.
1002          Section 18. Section 26-55-105 is amended to read:
1003          26-55-105. Standing prescription drug orders for an opiate antagonist.
1004          (1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
1005     under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
1006     dispense the opiate antagonist:
1007          (a) pursuant to a standing prescription drug order made in accordance with Subsection
1008     (2); and
1009          (b) without any other prescription drug order from a person licensed to prescribe an
1010     opiate antagonist.
1011          (2) A physician who is licensed to prescribe an opiate antagonist, including a physician
1012     acting in the physician's capacity as an employee of the department, or a medical director of a
1013     local health department, as defined in Section 26A-1-102, may issue a standing prescription
1014     drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
1015     accordance with a protocol that:
1016          (a) limits dispensing of the opiate antagonist to:
1017          (i) an individual who is at increased risk of experiencing an opiate-related drug

1018     overdose event;
1019          (ii) a family member of, friend of, or other person, including a person described in
1020     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
1021     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
1022          (iii) an overdose outreach provider for:
1023          (A) furnishing to an individual who is at increased risk of experiencing an
1024     opiate-related drug overdose event, or to a family member of, friend of, or other individual who
1025     is in a position to assist an individual who is at increased risk of experiencing an opiate-related
1026     drug overdose event, as provided in Section 26-55-106; or
1027          (B) administering to an individual experiencing an opiate-related drug overdose event;
1028          (b) requires the physician to specify the persons, by professional license number,
1029     authorized to dispense the opiate antagonist;
1030          (c) requires the physician to review at least annually the dispensing practices of those
1031     authorized by the physician to dispense the opiate antagonist;
1032          (d) requires those authorized by the physician to dispense the opiate antagonist to make
1033     and retain a record of each person to whom the opiate antagonist is dispensed, which shall
1034     include:
1035          (i) the name of the person;
1036          (ii) the drug dispensed; and
1037          (iii) other relevant information; and
1038          (e) is approved by the Division of [Occupational and] Professional Licensing within
1039     the Department of Commerce by administrative rule made in accordance with Title 63G,
1040     Chapter 3, Utah Administrative Rulemaking Act.
1041          Section 19. Section 26-55-108 is amended to read:
1042          26-55-108. Coprescription guidelines.
1043          (1) As used in this section:
1044          (a) "Controlled substance prescriber" means the same as that term is defined in Section
1045     58-37-6.5.
1046          (b) "Coprescribe" means to issue a prescription for an opiate antagonist with a
1047     prescription for an opiate.
1048          (2) The department shall, in consultation with the Physicians Licensing Board created

1049     in Section 58-67-201, the Osteopathic Physician and Surgeon's Licensing Board created in
1050     Section 58-68-201, and the [Department of Occupational and] Division of Professional
1051     Licensing created in Section 58-1-103, establish by rule, made in accordance with Title 63G,
1052     Chapter 3, Utah Administrative Rulemaking Act, scientifically based guidelines for controlled
1053     substance prescribers to coprescribe an opiate antagonist to a patient.
1054          Section 20. Section 26-60-104 is amended to read:
1055          26-60-104. Enforcement.
1056          (1) The Division of [Occupational and] Professional Licensing created in Section
1057     58-1-103 is authorized to enforce the provisions of Section 26-60-103 as it relates to providers
1058     licensed under Title 58, Occupations and Professions.
1059          (2) The department is authorized to enforce the provisions of Section 26-60-103 as it
1060     relates to providers licensed under this title.
1061          (3) The Department of Human Services created in Section 62A-1-102 is authorized to
1062     enforce the provisions of Section 26-60-103 as it relates to providers licensed under Title 62A,
1063     Chapter 2, Licensure of Programs and Facilities.
1064          Section 21. Section 26-61-202 is amended to read:
1065          26-61-202. Cannabinoid Product Board -- Duties.
1066          (1) The board shall review any available scientific research related to the human use of
1067     cannabis, a cannabinoid product, or an expanded cannabinoid product that:
1068          (a) was conducted under a study approved by an IRB;
1069          (b) was conducted or approved by the federal government; or
1070          (c) (i) was conducted in another country; and
1071          (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
1072     and significance to merit the board's review.
1073          (2) Based on the research described in Subsection (1), the board shall evaluate the
1074     safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
1075     including:
1076          (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
1077     cannabinoid products;
1078          (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
1079          (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products

1080     with other treatments; and
1081          (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
1082     cannabinoid products, and expanded cannabinoid products.
1083          (3) Based on the board's evaluation under Subsection (2), the board shall develop
1084     guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
1085     product that include:
1086          (a) a list of medical conditions, if any, that the board determines are appropriate for
1087     treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
1088     cannabinoid product;
1089          (b) a list of contraindications, side effects, and adverse reactions that are associated
1090     with use of cannabis, cannabinoid products, or expanded cannabinoid products;
1091          (c) a list of potential drug-drug interactions between medications that the United States
1092     Food and Drug Administration has approved and cannabis, cannabinoid products, and
1093     expanded cannabinoid products; and
1094          (d) any other guideline the board determines appropriate.
1095          (4) The board shall submit the guidelines described in Subsection (3) to the director of
1096     the Division of [Occupational and] Professional Licensing.
1097          (5) Guidelines that the board develops under this section may not limit the availability
1098     of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
1099     Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical
1100     Cannabis Act.
1101          Section 22. Section 26-61a-103 is amended to read:
1102          26-61a-103. Electronic verification system.
1103          (1) The Department of Agriculture and Food, the department, the Department of Public
1104     Safety, and the Division of Technology Services shall:
1105          (a) enter into a memorandum of understanding in order to determine the function and
1106     operation of the state electronic verification system in accordance with Subsection (2);
1107          (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1108     Procurement Code, to develop a request for proposals for a third-party provider to develop and
1109     maintain the state electronic verification system in coordination with the Division of
1110     Technology Services; and

1111          (c) select a third-party provider who:
1112          (i) meets the requirements contained in the request for proposals issued under
1113     Subsection (1)(b); and
1114          (ii) may not have any commercial or ownership interest in a cannabis production
1115     establishment or a medical cannabis pharmacy.
1116          (2) The Department of Agriculture and Food, the department, the Department of Public
1117     Safety, and the Division of Technology Services shall ensure that, on or before March 1, 2020,
1118     the state electronic verification system described in Subsection (1):
1119          (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
1120     medical cannabis guardian card, provided that the card may not become active until:
1121          (i) the relevant qualified medical provider completes the associated medical cannabis
1122     recommendation; or
1123          (ii) for a medical cannabis card related to a limited medical provider's recommendation,
1124     the medical cannabis pharmacy completes the recording described in Subsection (2)(d);
1125          (b) allows an individual to apply to renew a medical cannabis patient card or a medical
1126     cannabis guardian card in accordance with Section 26-61a-201;
1127          (c) allows a qualified medical provider, or an employee described in Subsection (3)
1128     acting on behalf of the qualified medical provider, to:
1129          (i) access dispensing and card status information regarding a patient:
1130          (A) with whom the qualified medical provider has a provider-patient relationship; and
1131          (B) for whom the qualified medical provider has recommended or is considering
1132     recommending a medical cannabis card;
1133          (ii) electronically recommend, after an initial face-to-face visit with a patient described
1134     in Subsection 26-61a-201(4)(b), treatment with cannabis in a medicinal dosage form or a
1135     cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
1136          (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
1137     medical cannabis guardian cardholder:
1138          (A) using telehealth services, for the qualified medical provider who originally
1139     recommended a medical cannabis treatment during a face-to-face visit with the patient; or
1140          (B) during a face-to-face visit with the patient, for a qualified medical provider who
1141     did not originally recommend the medical cannabis treatment during a face-to-face visit; and

1142          (iv) notate a determination of physical difficulty or undue hardship, described in
1143     Subsection 26-61a-202(1), to qualify a patient to designate a caregiver;
1144          (d) beginning on the earlier of September 1, 2021, or the date on which the electronic
1145     verification system is functionally capable of facility medical cannabis pharmacy recording,
1146     allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy agent, in
1147     accordance with Subsection 26-61a-501(11)(a), to record:
1148          (i) a patient's recommendation from a limited medical provider, including any
1149     directions of use, dosing guidelines, or caregiver indications from the limited medical provider;
1150     and
1151          (ii) a limited medical provider's renewal of the provider's previous recommendation;
1152          (e) connects with:
1153          (i) an inventory control system that a medical cannabis pharmacy uses to track in real
1154     time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
1155     medicinal dosage form, or a medical cannabis device, including:
1156          (A) the time and date of each purchase;
1157          (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
1158     purchased;
1159          (C) any cannabis production establishment, any medical cannabis pharmacy, or any
1160     medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
1161     device; and
1162          (D) the personally identifiable information of the medical cannabis cardholder who
1163     made the purchase; and
1164          (ii) any commercially available inventory control system that a cannabis production
1165     establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
1166     Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
1167     Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
1168     track and confirm compliance;
1169          (f) provides access to:
1170          (i) the department to the extent necessary to carry out the department's functions and
1171     responsibilities under this chapter;
1172          (ii) the Department of Agriculture and Food to the extent necessary to carry out the

1173     functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1174     41a, Cannabis Production Establishments; and
1175          (iii) the Division of [Occupational and] Professional Licensing to the extent necessary
1176     to carry out the functions and responsibilities related to the participation of the following in the
1177     recommendation and dispensing of medical cannabis:
1178          (A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1179          (B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1180          (C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1181     Practice Act;
1182          (D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1183     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1184          (E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
1185     Act;
1186          (g) provides access to and interaction with the state central patient portal;
1187          (h) communicates dispensing information from a record that a medical cannabis
1188     pharmacy submits to the state electronic verification system under Subsection
1189     26-61a-502(6)(a)(ii) to the controlled substance database;
1190          (i) provides access to state or local law enforcement:
1191          (i) during a law enforcement encounter, without a warrant, using the individual's driver
1192     license or state ID, only for the purpose of determining if the individual subject to the law
1193     enforcement encounter has a valid medical cannabis card; or
1194          (ii) after obtaining a warrant; and
1195          (j) creates a record each time a person accesses the system that identifies the person
1196     who accesses the system and the individual whose records the person accesses.
1197          (3) (a) Beginning on the earlier of September 1, 2021, or the date on which the
1198     electronic verification system is functionally capable of allowing employee access under this
1199     Subsection (3), an employee of a qualified medical provider may access the electronic
1200     verification system for a purpose described in Subsection (2)(c) on behalf of the qualified
1201     medical provider if:
1202          (i) the qualified medical provider has designated the employee as an individual
1203     authorized to access the electronic verification system on behalf of the qualified medical

1204     provider;
1205          (ii) the qualified medical provider provides written notice to the department of the
1206     employee's identity and the designation described in Subsection (3)(a)(i); and
1207          (iii) the department grants to the employee access to the electronic verification system.
1208          (b) An employee of a business that employs a qualified medical provider may access
1209     the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
1210     qualified medical provider if:
1211          (i) the qualified medical provider has designated the employee as an individual
1212     authorized to access the electronic verification system on behalf of the qualified medical
1213     provider;
1214          (ii) the qualified medical provider and the employing business jointly provide written
1215     notice to the department of the employee's identity and the designation described in Subsection
1216     (3)(b)(i); and
1217          (iii) the department grants to the employee access to the electronic verification system.
1218          (4) (a) As used in this Subsection (4), "prescribing provider" means:
1219          (i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1220          (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1221     Practice Act;
1222          (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1223     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1224          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1225     Assistant Act.
1226          (b) Beginning on the earlier of September 1, 2021, or the date on which the electronic
1227     verification system is functionally capable of allowing provider access under this Subsection
1228     (4), a prescribing provider may access information in the electronic verification system
1229     regarding a patient the prescribing provider treats.
1230          (5) The department may release limited data that the system collects for the purpose of:
1231          (a) conducting medical and other department approved research;
1232          (b) providing the report required by Section 26-61a-703; and
1233          (c) other official department purposes.
1234          (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah

1235     Administrative Rulemaking Act, to establish:
1236          (a) the limitations on access to the data in the state electronic verification system as
1237     described in this section; and
1238          (b) standards and procedures to ensure accurate identification of an individual
1239     requesting information or receiving information in this section.
1240          (7) (a) Any person who knowingly and intentionally releases any information in the
1241     state electronic verification system in violation of this section is guilty of a third degree felony.
1242          (b) Any person who negligently or recklessly releases any information in the state
1243     electronic verification system in violation of this section is guilty of a class C misdemeanor.
1244          (8) (a) Any person who obtains or attempts to obtain information from the state
1245     electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1246          (b) Any person who obtains or attempts to obtain information from the state electronic
1247     verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
1248     degree felony.
1249          (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
1250     intentionally use, release, publish, or otherwise make available to any other person information
1251     obtained from the state electronic verification system for any purpose other than a purpose
1252     specified in this section.
1253          (b) Each separate violation of this Subsection (9) is:
1254          (i) a third degree felony; and
1255          (ii) subject to a civil penalty not to exceed $5,000.
1256          (c) The department shall determine a civil violation of this Subsection (9) in
1257     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1258          (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
1259     General Fund.
1260          (e) This Subsection (9) does not prohibit a person who obtains information from the
1261     state electronic verification system under Subsection (2)(a), (c), or (f) from:
1262          (i) including the information in the person's medical chart or file for access by a person
1263     authorized to review the medical chart or file;
1264          (ii) providing the information to a person in accordance with the requirements of the
1265     Health Insurance Portability and Accountability Act of 1996; or

1266          (iii) discussing or sharing that information about the patient with the patient.
1267          Section 23. Section 26-61a-106 is amended to read:
1268          26-61a-106. Qualified medical provider registration -- Continuing education --
1269     Treatment recommendation -- Limited medical provider.
1270          (1) (a) (i) Except as provided in Subsection (1)(b), an individual may not recommend a
1271     medical cannabis treatment unless the department registers the individual as a qualified
1272     medical provider in accordance with this section.
1273          (ii) Notwithstanding Subsection (1)(a)(i), a qualified medical provider who is podiatrist
1274     licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, may not recommend a
1275     medical cannabis treatment except within the course and scope of a practice of podiatry, as that
1276     term is defined in Section 58-5a-102.
1277          (b) Beginning on the earlier of September 1, 2021, or the date on which the department
1278     gives notice that the electronic verification system is functionally capable as described in
1279     Subsection 26-61a-103(2)(d), an individual who meets the recommending qualifications may
1280     recommend a medical cannabis treatment as a limited medical provider without registering
1281     under Subsection (1)(a) if:
1282          (i) the individual recommends the use of medical cannabis to the patient through an
1283     order described in Subsection (1)(c) after:
1284          (A) a face-to-face visit for an initial recommendation or the renewal of a
1285     recommendation for a patient for whom the limited medical provider did not make the patient's
1286     original recommendation; or
1287          (B) a visit using telehealth services for a renewal of a recommendation for a patient for
1288     whom the limited medical provider made the patient's original recommendation; and
1289          (ii) the individual's recommendation or renewal would not cause the total number of
1290     the individual's patients who have a valid medical cannabis patient card or provisional patient
1291     card resulting from the individual's recommendation to exceed 15.
1292          (c) The individual described in Subsection (1)(b) shall communicate the individual's
1293     recommendation through an order for the medical cannabis pharmacy to record the individual's
1294     recommendation or renewal in the state electronic verification system under the individual's
1295     recommendation that:
1296          (i) (A) that the individual or the individual's employee sends electronically to a medical

1297     cannabis pharmacy; or
1298          (B) that the individual gives to the patient in writing for the patient to deliver to a
1299     medical cannabis pharmacy; and
1300          (ii) may include:
1301          (A) directions of use or dosing guidelines; and
1302          (B) an indication of a need for a caregiver in accordance with Subsection
1303     26-61a-201(3)(c).
1304          (d) If the limited medical provider gives the patient a written recommendation to
1305     deliver to a medical cannabis pharmacy under Subsection (1)(c)(i)(B), the limited medical
1306     provider shall ensure that the document includes all of the information that is included on a
1307     prescription the provider would issue for a controlled substance, including:
1308          (i) the date of issuance;
1309          (ii) the provider's name, address and contact information, controlled substance license
1310     information, and signature; and
1311          (iii) the patient's name, address and contact information, age, and diagnosed qualifying
1312     condition.
1313          (e) In considering making a recommendation as a limited medical provider, an
1314     individual may consult information that the department makes available on the department's
1315     website for recommending providers.
1316          (2) (a) The department shall, within 15 days after the day on which the department
1317     receives an application from an individual, register and issue a qualified medical provider
1318     registration card to the individual if the individual:
1319          (i) provides to the department the individual's name and address;
1320          (ii) provides to the department a report detailing the individual's completion of the
1321     applicable continuing education requirement described in Subsection (3);
1322          (iii) provides to the department evidence that the individual meets the recommending
1323     qualifications;
1324          (iv) for an applicant on or after November 1, 2021, provides to the department the
1325     information described in Subsection (10)(a); and
1326          (v) pays the department a fee in an amount that:
1327          (A) the department sets, in accordance with Section 63J-1-504; and

1328          (B) does not exceed $300 for an initial registration.
1329          (b) The department may not register an individual as a qualified medical provider if the
1330     individual is:
1331          (i) a pharmacy medical provider; or
1332          (ii) an owner, officer, director, board member, employee, or agent of a cannabis
1333     production establishment, a medical cannabis pharmacy, or a medical cannabis courier.
1334          (3) (a) An individual shall complete the continuing education described in this
1335     Subsection (3) in the following amounts:
1336          (i) for an individual as a condition precedent to registration, four hours; and
1337          (ii) for a qualified medical provider as a condition precedent to renewal, four hours
1338     every two years.
1339          (b) In accordance with Subsection (3)(a), a qualified medical provider shall:
1340          (i) complete continuing education:
1341          (A) regarding the topics described in Subsection (3)(d); and
1342          (B) offered by the department under Subsection (3)(c) or an accredited or approved
1343     continuing education provider that the department recognizes as offering continuing education
1344     appropriate for the recommendation of cannabis to patients; and
1345          (ii) make a continuing education report to the department in accordance with a process
1346     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1347     Administrative Rulemaking Act, and in collaboration with the Division of [Occupational and]
1348     Professional Licensing and:
1349          (A) for a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing
1350     Act, the Podiatric Physician Board;
1351          (B) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
1352     Nurse Practice Act, the Board of Nursing;
1353          (C) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
1354     Practice Act, the Physicians Licensing Board;
1355          (D) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
1356     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
1357     and
1358          (E) for a physician assistant licensed under Title 58, Chapter 70a, Utah Physician

1359     Assistant Act, the Physician Assistant Licensing Board.
1360          (c) The department may, in consultation with the Division of [Occupational and]
1361     Professional Licensing, develop the continuing education described in this Subsection (3).
1362          (d) The continuing education described in this Subsection (3) may discuss:
1363          (i) the provisions of this chapter;
1364          (ii) general information about medical cannabis under federal and state law;
1365          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1366     including risks and benefits;
1367          (iv) recommendations for medical cannabis as it relates to the continuing care of a
1368     patient in pain management, risk management, potential addiction, or palliative care; and
1369          (v) best practices for recommending the form and dosage of medical cannabis products
1370     based on the qualifying condition underlying a medical cannabis recommendation.
1371          (4) (a) Except as provided in Subsection (4)(b), a qualified medical provider may not
1372     recommend a medical cannabis treatment to more than 275 of the qualified medical provider's
1373     patients at the same time, as determined by the number of medical cannabis cards under the
1374     qualified medical provider's name in the state electronic verification system.
1375          (b) A qualified medical provider may recommend a medical cannabis treatment to up to
1376     600 of the qualified medical provider's patients at any given time, as determined by the number
1377     of medical cannabis cards under the qualified medical provider's name in the state electronic
1378     verification system, if:
1379          (i) the appropriate American medical board has certified the qualified medical provider
1380     in the specialty of anesthesiology, gastroenterology, neurology, oncology, pain, hospice and
1381     palliative medicine, physical medicine and rehabilitation, rheumatology, endocrinology, or
1382     psychiatry; or
1383          (ii) a licensed business employs or contracts with the qualified medical provider for the
1384     specific purpose of providing hospice and palliative care.
1385          (5) A recommending medical provider may recommend medical cannabis to an
1386     individual under this chapter only in the course of a provider-patient relationship after the
1387     recommending medical provider has completed and documented in the patient's medical record
1388     a thorough assessment of the patient's condition and medical history based on the appropriate
1389     standard of care for the patient's condition.

1390          (6) (a) Except as provided in Subsection (6)(b), an individual may not advertise that the
1391     individual recommends medical cannabis treatment in accordance with this chapter.
1392          (b) For purposes of Subsection (6)(a), the communication of the following, through a
1393     website, by a qualified medical provider, does not constitute advertising:
1394          (i) a green cross;
1395          (ii) a qualifying condition that the individual treats;
1396          (iii) the individual's registration as a qualified medical provider; or
1397          (iv) a scientific study regarding medical cannabis use.
1398          (7) (a) A qualified medical provider registration card expires two years after the day on
1399     which the department issues the card.
1400          (b) The department shall renew a qualified medical provider's registration card if the
1401     provider:
1402          (i) applies for renewal;
1403          (ii) is eligible for a qualified medical provider registration card under this section,
1404     including maintaining an unrestricted license under the recommending qualifications;
1405          (iii) certifies to the department in a renewal application that the information in
1406     Subsection (2)(a) is accurate or updates the information;
1407          (iv) submits a report detailing the completion of the continuing education requirement
1408     described in Subsection (3); and
1409          (v) pays the department a fee in an amount that:
1410          (A) the department sets, in accordance with Section 63J-1-504; and
1411          (B) does not exceed $50 for a registration renewal.
1412          (8) The department may revoke the registration of a qualified medical provider who
1413     fails to maintain compliance with the requirements of this section.
1414          (9) A recommending medical provider may not receive any compensation or benefit for
1415     the qualified medical provider's medical cannabis treatment recommendation from:
1416          (a) a cannabis production establishment or an owner, officer, director, board member,
1417     employee, or agent of a cannabis production establishment;
1418          (b) a medical cannabis pharmacy or an owner, officer, director, board member,
1419     employee, or agent of a medical cannabis pharmacy; or
1420          (c) a recommending medical provider or pharmacy medical provider.

1421          (10) (a) On or before November 1, 2021, a qualified medical provider shall report to
1422     the department, in a manner designated by the department:
1423          (i) if applicable, that the qualified medical provider or the entity that employs the
1424     qualified medical provider represents online or on printed material that the qualified medical
1425     provider is a qualified medical provider or offers medical cannabis recommendations to
1426     patients; and
1427          (ii) the fee amount that the qualified medical provider or the entity that employs the
1428     qualified medical provider charges a patient for a medical cannabis recommendation, either as
1429     an actual cash rate or, if the provider or entity bills insurance, an average cash rate.
1430          (b) The department shall:
1431          (i) ensure that the following information related to qualified medical providers and
1432     entities described in Subsection (10)(a)(i) is available on the department's website or on the
1433     health care price transparency tool under Subsection (10)(b)(ii):
1434          (A) the name of the qualified medical provider and, if applicable, the name of the
1435     entity that employs the qualified medical provider;
1436          (B) the address of the qualified medical provider's office or, if applicable, the entity
1437     that employs the qualified medical provider; and
1438          (C) the fee amount described in Subsection (10)(a)(ii); and
1439          (ii) share data collected under this Subsection (10) with the state auditor for use in the
1440     health care price transparency tool described in Section 67-3-11.
1441          Section 24. Section 26-61a-303 is amended to read:
1442          26-61a-303. Renewal.
1443          (1) The department shall renew a license under this part every year if, at the time of
1444     renewal:
1445          (a) the licensee meets the requirements of Section 26-61a-301;
1446          (b) the licensee pays the department a license renewal fee in an amount that, subject to
1447     Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
1448          (c) if the medical cannabis pharmacy changes the operating plan described in Section
1449     26-61a-304 that the department approved under Subsection 26-61a-301(2)(b)(iv), the
1450     department approves the new operating plan.
1451          (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis

1452     pharmacy's license, the department shall publish notice of an available license:
1453          (i) in a newspaper of general circulation for the geographic area in which the medical
1454     cannabis pharmacy license is available; or
1455          (ii) on the Utah Public Notice Website established in Section 63A-16-601.
1456          (b) The department may establish criteria, in collaboration with the Division of
1457     [Occupational and] Professional Licensing and the Board of Pharmacy and in accordance with
1458     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
1459     pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.
1460          Section 25. Section 26-61a-401 is amended to read:
1461          26-61a-401. Medical cannabis pharmacy agent -- Registration.
1462          (1) An individual may not serve as a medical cannabis pharmacy agent of a medical
1463     cannabis pharmacy unless the department registers the individual as a medical cannabis
1464     pharmacy agent.
1465          (2) A recommending medical provider may not act as a medical cannabis pharmacy
1466     agent, have a financial or voting interest of 2% or greater in a medical cannabis pharmacy, or
1467     have the power to direct or cause the management or control of a medical cannabis pharmacy.
1468          (3) (a) The department shall, within 15 days after the day on which the department
1469     receives a complete application from a medical cannabis pharmacy on behalf of a prospective
1470     medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent
1471     registration card to the prospective agent if the medical cannabis pharmacy:
1472          (i) provides to the department:
1473          (A) the prospective agent's name and address;
1474          (B) the name and location of the licensed medical cannabis pharmacy where the
1475     prospective agent seeks to act as the medical cannabis pharmacy agent; and
1476          (C) the submission required under Subsection (3)(b); and
1477          (ii) pays a fee to the department in an amount that, subject to Subsection
1478     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1479          (b) Except for an applicant reapplying for a medical cannabis pharmacy agent
1480     registration card within less than one year after the expiration of the applicant's previous
1481     medical cannabis pharmacy agent registration card, each prospective agent described in
1482     Subsection (3)(a) shall:

1483          (i) submit to the department:
1484          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1485          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1486     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1487     Generation Identification System's Rap Back Service; and
1488          (ii) consent to a fingerprint background check by:
1489          (A) the Bureau of Criminal Identification; and
1490          (B) the Federal Bureau of Investigation.
1491          (c) The Bureau of Criminal Identification shall:
1492          (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
1493     the applicable state, regional, and national criminal records databases, including the Federal
1494     Bureau of Investigation Next Generation Identification System;
1495          (ii) report the results of the background check to the department;
1496          (iii) maintain a separate file of fingerprints that prospective agents submit under
1497     Subsection (3)(b) for search by future submissions to the local and regional criminal records
1498     databases, including latent prints;
1499          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1500     Generation Identification System's Rap Back Service for search by future submissions to
1501     national criminal records databases, including the Next Generation Identification System and
1502     latent prints; and
1503          (v) establish a privacy risk mitigation strategy to ensure that the department only
1504     receives notifications for an individual with whom the department maintains an authorizing
1505     relationship.
1506          (d) The department shall:
1507          (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
1508     amount that the department sets in accordance with Section 63J-1-504 for the services that the
1509     Bureau of Criminal Identification or another authorized agency provides under this section; and
1510          (ii) remit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal
1511     Identification.
1512          (4) The department shall designate, on an individual's medical cannabis pharmacy
1513     agent registration card the name of the medical cannabis pharmacy where the individual is

1514     registered as an agent.
1515          (5) A medical cannabis pharmacy agent shall comply with a certification standard that
1516     the department develops in collaboration with the Division of [Occupational and] Professional
1517     Licensing and the Board of Pharmacy, or a third-party certification standard that the department
1518     designates by rule, in collaboration with the Division of [Occupational and] Professional
1519     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
1520     Administrative Rulemaking Act.
1521          (6) The department shall ensure that the certification standard described in Subsection
1522     (5) includes training in:
1523          (a) Utah medical cannabis law; and
1524          (b) medical cannabis pharmacy best practices.
1525          (7) The department may revoke the medical cannabis pharmacy agent registration card
1526     of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual
1527     who:
1528          (a) violates the requirements of this chapter; or
1529          (b) is convicted under state or federal law of:
1530          (i) a felony; or
1531          (ii) after December 3, 2018, a misdemeanor for drug distribution.
1532          (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
1533     day on which the department issues or renews the card.
1534          (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
1535     agent:
1536          (i) is eligible for a medical cannabis pharmacy agent registration card under this
1537     section;
1538          (ii) certifies to the department in a renewal application that the information in
1539     Subsection (3)(a) is accurate or updates the information; and
1540          (iii) pays to the department a renewal fee in an amount that:
1541          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1542     Section 63J-1-504; and
1543          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1544     comparison to the original application process.

1545          Section 26. Section 26-61a-403 is amended to read:
1546          26-61a-403. Pharmacy medical providers -- Registration -- Continuing education.
1547          (1) (a) A medical cannabis pharmacy:
1548          (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
1549     Practice Act, as a pharmacy medical provider;
1550          (ii) may employ a physician who has the authority to write a prescription and is
1551     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1552     Osteopathic Medical Practice Act, as a pharmacy medical provider;
1553          (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
1554     works onsite during all business hours; and
1555          (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
1556     the pharmacist-in-charge to oversee the operation of and generally supervise the medical
1557     cannabis pharmacy.
1558          (b) An individual may not serve as a pharmacy medical provider unless the department
1559     registers the individual as a pharmacy medical provider in accordance with Subsection (2).
1560          (2) (a) The department shall, within 15 days after the day on which the department
1561     receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
1562     medical provider, register and issue a pharmacy medical provider registration card to the
1563     prospective pharmacy medical provider if the medical cannabis pharmacy:
1564          (i) provides to the department:
1565          (A) the prospective pharmacy medical provider's name and address;
1566          (B) the name and location of the licensed medical cannabis pharmacy where the
1567     prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
1568          (C) a report detailing the completion of the continuing education requirement described
1569     in Subsection (3); and
1570          (D) evidence that the prospective pharmacy medical provider is a pharmacist who is
1571     licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
1572     authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
1573     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
1574          (ii) pays a fee to the department in an amount that, subject to Subsection
1575     26-61a-109(5), the department sets in accordance with Section 63J-1-504.

1576          (b) The department may not register a recommending medical provider or a state
1577     central patient portal medical provider as a pharmacy medical provider.
1578          (3) (a) A pharmacy medical provider shall complete the continuing education described
1579     in this Subsection (3) in the following amounts:
1580          (i) as a condition precedent to registration, four hours; and
1581          (ii) as a condition precedent to renewal of the registration, four hours every two years.
1582          (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
1583          (i) complete continuing education:
1584          (A) regarding the topics described in Subsection (3)(d); and
1585          (B) offered by the department under Subsection (3)(c) or an accredited or approved
1586     continuing education provider that the department recognizes as offering continuing education
1587     appropriate for the medical cannabis pharmacy practice; and
1588          (ii) make a continuing education report to the department in accordance with a process
1589     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1590     Administrative Rulemaking Act, and in collaboration with the Division of [Occupational and]
1591     Professional Licensing and:
1592          (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
1593     Pharmacy Practice Act, the Board of Pharmacy;
1594          (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
1595     Practice Act, the Physicians Licensing Board; and
1596          (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
1597     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
1598          (c) The department may, in consultation with the Division of [Occupational and]
1599     Professional Licensing, develop the continuing education described in this Subsection (3).
1600          (d) The continuing education described in this Subsection (3) may discuss:
1601          (i) the provisions of this chapter;
1602          (ii) general information about medical cannabis under federal and state law;
1603          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1604     including risks and benefits;
1605          (iv) recommendations for medical cannabis as it relates to the continuing care of a
1606     patient in pain management, risk management, potential addiction, and palliative care; or

1607          (v) best practices for recommending the form and dosage of a medical cannabis
1608     product based on the qualifying condition underlying a medical cannabis recommendation.
1609          (4) (a) A pharmacy medical provider registration card expires two years after the day
1610     on which the department issues or renews the card.
1611          (b) A pharmacy medical provider may renew the provider's registration card if the
1612     provider:
1613          (i) is eligible for a pharmacy medical provider registration card under this section;
1614          (ii) certifies to the department in a renewal application that the information in
1615     Subsection (2)(a) is accurate or updates the information;
1616          (iii) submits a report detailing the completion of the continuing education requirement
1617     described in Subsection (3); and
1618          (iv) pays to the department a renewal fee in an amount that:
1619          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1620     Section 63J-1-504; and
1621          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1622     comparison to the original application process.
1623          (5) (a) Except as provided in Subsection (5)(b), an individual may not advertise that the
1624     individual dispenses medical cannabis.
1625          (b) For purposes of this Subsection (5), the communication of the following, through a
1626     website, by a pharmacy medical provider, does not constitute advertising:
1627          (i) a green cross;
1628          (ii) the individual's registration as a pharmacy medical provider; or
1629          (iii) a scientific study regarding medical cannabis use.
1630          Section 27. Section 26-61a-501 is amended to read:
1631          26-61a-501. Operating requirements -- General.
1632          (1) (a) A medical cannabis pharmacy shall operate:
1633          (i) at the physical address provided to the department under Section 26-61a-301; and
1634          (ii) in accordance with the operating plan provided to the department under Section
1635     26-61a-301 and, if applicable, 26-61a-304.
1636          (b) A medical cannabis pharmacy shall notify the department before a change in the
1637     medical cannabis pharmacy's physical address or operating plan.

1638          (2) An individual may not enter a medical cannabis pharmacy unless the individual:
1639          (a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and
1640          (b) except as provided in Subsection (5):
1641          (i) possesses a valid:
1642          (A) medical cannabis pharmacy agent registration card;
1643          (B) pharmacy medical provider registration card; or
1644          (C) medical cannabis card;
1645          (ii) is an employee of the department or the Department of Agriculture and Food
1646     performing an inspection under Section 26-61a-504; or
1647          (iii) is another individual as the department provides.
1648          (3) A medical cannabis pharmacy may not employ an individual who is younger than
1649     21 years old.
1650          (4) A medical cannabis pharmacy may not employ an individual who has been
1651     convicted of a felony under state or federal law.
1652          (5) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
1653     individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to
1654     access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors
1655     the individual at all times while the individual is at the medical cannabis pharmacy and
1656     maintains a record of the individual's access.
1657          (6) A medical cannabis pharmacy shall operate in a facility that has:
1658          (a) a single, secure public entrance;
1659          (b) a security system with a backup power source that:
1660          (i) detects and records entry into the medical cannabis pharmacy; and
1661          (ii) provides notice of an unauthorized entry to law enforcement when the medical
1662     cannabis pharmacy is closed; and
1663          (c) a lock on each area where the medical cannabis pharmacy stores cannabis or a
1664     cannabis product.
1665          (7) A medical cannabis pharmacy shall post, both clearly and conspicuously in the
1666     medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
1667     26-61a-502(2).
1668          (8) Except for an emergency situation described in Subsection 26-61a-201(3)(c), a

1669     medical cannabis pharmacy may not allow any individual to consume cannabis on the property
1670     or premises of the medical cannabis pharmacy.
1671          (9) A medical cannabis pharmacy may not sell cannabis or a cannabis product without
1672     first indicating on the cannabis or cannabis product label the name of the medical cannabis
1673     pharmacy.
1674          (10) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
1675     following information regarding each recommendation underlying a transaction:
1676          (i) the recommending medical provider's name, address, and telephone number;
1677          (ii) the patient's name and address;
1678          (iii) the date of issuance;
1679          (iv) directions of use and dosing guidelines or an indication that the recommending
1680     medical provider did not recommend specific directions of use or dosing guidelines; and
1681          (v) if the patient did not complete the transaction, the name of the medical cannabis
1682     cardholder who completed the transaction.
1683          (b) (i) Except as provided in Subsection (10)(b)(iii), a medical cannabis pharmacy may
1684     not sell medical cannabis unless the medical cannabis has a label securely affixed to the
1685     container indicating the following minimum information:
1686          (A) the name, address, and telephone number of the medical cannabis pharmacy;
1687          (B) the unique identification number that the medical cannabis pharmacy assigns;
1688          (C) the date of the sale;
1689          (D) the name of the patient;
1690          (E) the name of the recommending medical provider who recommended the medical
1691     cannabis treatment;
1692          (F) directions for use and cautionary statements, if any;
1693          (G) the amount dispensed and the cannabinoid content;
1694          (H) the suggested use date;
1695          (I) for unprocessed cannabis flower, the legal use termination date; and
1696          (J) any other requirements that the department determines, in consultation with the
1697     Division of [Occupational and] Professional Licensing and the Board of Pharmacy.
1698          (ii) A medical cannabis pharmacy is exempt from the following labeling requirements
1699     if the information is already provided on the product label that a cannabis production

1700     establishment affixes:
1701          (A) Subsection (10)(b)(i)(B) regarding a unique identification number;
1702          (B) Subsection (10)(b)(i)(F) regarding directions for use and cautionary statements;
1703          (C) Subsection (10)(b)(i)(G) regarding amount and cannabinoid content; and
1704          (D) Subsection (10)(b)(i)(H) regarding a suggested use date.
1705          (iii) A medical cannabis pharmacy may sell medical cannabis to another medical
1706     cannabis pharmacy without a label described in Subsection (10)(b)(i).
1707          (11) A pharmacy medical provider or medical cannabis pharmacy agent shall:
1708          (a) upon receipt of an order from a limited medical provider in accordance with
1709     Subsections 26-61a-106(1)(b) and (c):
1710          (i) for a written order, contact the limited medical provider or the limited medical
1711     provider's office to verify the validity of the recommendation; and
1712          (ii) for a written order that the pharmacy medical provider or medical cannabis
1713     pharmacy agent verifies under Subsection (11)(a)(i) or an electronic order, enter the limited
1714     medical provider's recommendation or renewal, including any associated directions of use,
1715     dosing guidelines, or caregiver indication, in the state electronic verification system;
1716          (b) in processing an order for a holder of a conditional medical cannabis card described
1717     in Subsection 26-61a-201(1)(b) that appears irregular or suspicious in the judgment of the
1718     pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending
1719     medical provider or the recommending medical provider's office to verify the validity of the
1720     recommendation before processing the cardholder's order;
1721          (c) unless the medical cannabis cardholder has had a consultation under Subsection
1722     26-61a-502(4) or (5), verbally offer to a medical cannabis cardholder at the time of a purchase
1723     of cannabis, a cannabis product, or a medical cannabis device, personal counseling with the
1724     pharmacy medical provider; and
1725          (d) provide a telephone number or website by which the cardholder may contact a
1726     pharmacy medical provider for counseling.
1727          (12) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
1728     that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
1729     medical cannabis device, or medical cannabis product in a locked box or other secure
1730     receptacle within the medical cannabis pharmacy.

1731          (b) A medical cannabis pharmacy with a disposal program described in Subsection
1732     (12)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider
1733     can access deposited medical cannabis or medical cannabis products.
1734          (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
1735     medical cannabis products by:
1736          (i) rendering the deposited medical cannabis or medical cannabis products unusable
1737     and unrecognizable before transporting deposited medical cannabis or medical cannabis
1738     products from the medical cannabis pharmacy; and
1739          (ii) disposing of the deposited medical cannabis or medical cannabis products in
1740     accordance with:
1741          (A) federal and state law, rules, and regulations related to hazardous waste;
1742          (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
1743          (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
1744          (D) other regulations that the department makes in accordance with Title 63G, Chapter
1745     3, Utah Administrative Rulemaking Act.
1746          (13) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1747     Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
1748     by a medical cannabis pharmacy.
1749          Section 28. Section 26-61a-503 is amended to read:
1750          26-61a-503. Partial filling.
1751          (1) As used in this section, "partially fill" means to provide less than the full amount of
1752     cannabis or cannabis product that the recommending medical provider recommends, if the
1753     recommending medical provider recommended specific dosing parameters.
1754          (2) A pharmacy medical provider may partially fill a recommendation for a medical
1755     cannabis treatment at the request of the recommending medical provider who issued the
1756     medical cannabis treatment recommendation or the medical cannabis cardholder.
1757          (3) The department shall make rules, in collaboration with the Division of
1758     [Occupational and] Professional Licensing and the Board of Pharmacy and in accordance with
1759     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date,
1760     quantity supplied, and quantity remaining of a partially filled medical cannabis treatment
1761     recommendation.

1762          (4) A pharmacy medical provider who is a pharmacist may, upon the request of a
1763     medical cannabis cardholder, determine different dosing parameters, subject to the dosing
1764     limits in Subsection 26-61a-502(2), to fill the quantity remaining of a partially filled medical
1765     cannabis treatment recommendation if:
1766          (a) the pharmacy medical provider determined dosing parameters for the partial fill
1767     under Subsection 26-61a-502(4) or (5); and
1768          (b) the medical cannabis cardholder reports that:
1769          (i) the partial fill did not substantially affect the qualifying condition underlying the
1770     medical cannabis recommendation; or
1771          (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
1772     unable to successfully use the partial fill.
1773          Section 29. Section 26-61a-506 is amended to read:
1774          26-61a-506. Medical cannabis transportation.
1775          (1) Only the following individuals may transport medical cannabis under this chapter:
1776          (a) a registered medical cannabis pharmacy agent;
1777          (b) a registered medical cannabis courier agent;
1778          (c) a registered pharmacy medical provider; or
1779          (d) a medical cannabis cardholder who is transporting a medical cannabis treatment
1780     that the cardholder is authorized to transport.
1781          (2) Except for an individual with a valid medical cannabis card under this chapter who
1782     is transporting a medical cannabis treatment that the cardholder is authorized to transport, an
1783     individual described in Subsection (1) shall possess a transportation manifest that:
1784          (a) includes a unique identifier that links the cannabis or cannabis product to a relevant
1785     inventory control system;
1786          (b) includes origin and destination information for the medical cannabis that the
1787     individual is transporting; and
1788          (c) identifies the departure and arrival times and locations of the individual
1789     transporting the medical cannabis.
1790          (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
1791     establish by rule, in collaboration with the Division of [Occupational and] Professional
1792     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah

1793     Administrative Rulemaking Act, requirements for transporting medical cannabis to ensure that
1794     the medical cannabis remains safe for human consumption.
1795          (b) The transportation described in Subsection (1)(a) is limited to transportation
1796     between a medical cannabis pharmacy and:
1797          (i) another medical cannabis pharmacy; or
1798          (ii) for a medical cannabis shipment, a medical cannabis cardholder's home address.
1799          (4) (a) It is unlawful for an individual described in Subsection (1) to make a transport
1800     described in this section with a manifest that does not meet the requirements of this section.
1801          (b) Except as provided in Subsection (4)(d), an individual who violates Subsection
1802     (4)(a) is:
1803          (i) guilty of an infraction; and
1804          (ii) subject to a $100 fine.
1805          (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
1806     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1807     underlying the violation described in Subsection (4)(b).
1808          (d) If the individual described in Subsection (4)(a) is transporting more medical
1809     cannabis than the manifest identifies, except for a de minimis administrative error:
1810          (i) this chapter does not apply; and
1811          (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
1812     Substances Act.
1813          (5) An individual other than an individual described in Subsection (1) may transport a
1814     medical cannabis device within the state if the transport does not also contain medical
1815     cannabis.
1816          Section 30. Section 26-61a-605 is amended to read:
1817          26-61a-605. Medical cannabis shipment transportation.
1818          (1) The department shall ensure that each home delivery medical cannabis pharmacy is
1819     capable of delivering, directly or through a medical cannabis courier, medical cannabis
1820     shipments in a secure manner.
1821          (2) (a) A home delivery medical cannabis pharmacy may contract with a licensed
1822     medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical
1823     cannabis orders that the state central patient portal facilitates.

1824          (b) If a home delivery medical cannabis pharmacy enters into a contract described in
1825     Subsection (2)(a), the pharmacy shall:
1826          (i) impose security and personnel requirements on the medical cannabis courier
1827     sufficient to ensure the security and safety of medical cannabis shipments; and
1828          (ii) provide regular oversight of the medical cannabis courier.
1829          (3) Except for an individual with a valid medical cannabis card who transports a
1830     shipment the individual receives, an individual may not transport a medical cannabis shipment
1831     unless the individual is:
1832          (a) a registered pharmacy medical provider;
1833          (b) a registered medical cannabis pharmacy agent; or
1834          (c) a registered agent of the medical cannabis courier described in Subsection (2).
1835          (4) An individual transporting a medical cannabis shipment under Subsection (3) shall
1836     possess a physical or electronic transportation manifest that:
1837          (a) includes a unique identifier that links the medical cannabis shipment to a relevant
1838     inventory control system;
1839          (b) includes origin and destination information for the medical cannabis shipment the
1840     individual is transporting; and
1841          (c) indicates the departure and estimated arrival times and locations of the individual
1842     transporting the medical cannabis shipment.
1843          (5) In addition to the requirements in Subsections (3) and (4), the department may
1844     establish by rule, in collaboration with the Division of [Occupational and] Professional
1845     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
1846     Administrative Rulemaking Act, requirements for transporting medical cannabis shipments that
1847     are related to safety for human consumption of cannabis or a cannabis product.
1848          (6) (a) It is unlawful for an individual to transport a medical cannabis shipment with a
1849     manifest that does not meet the requirements of Subsection (4).
1850          (b) Except as provided in Subsection (6)(d), an individual who violates Subsection
1851     (6)(a) is:
1852          (i) guilty of an infraction; and
1853          (ii) subject to a $100 fine.
1854          (c) An individual who is guilty of a violation described in Subsection (6)(b) is not

1855     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1856     underlying the violation described in Subsection (6)(b).
1857          (d) If the individual described in Subsection (6)(a) is transporting more cannabis,
1858     cannabis product, or medical cannabis devices than the manifest identifies, except for a de
1859     minimis administrative error:
1860          (i) this chapter does not apply; and
1861          (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
1862     Substances Act.
1863          Section 31. Section 26-61a-606 is amended to read:
1864          26-61a-606. Medical cannabis courier agent -- Background check -- Registration
1865     card -- Rebuttable presumption.
1866          (1) An individual may not serve as a medical cannabis courier agent unless:
1867          (a) the individual is an employee of a licensed medical cannabis courier; and
1868          (b) the department registers the individual as a medical cannabis courier agent.
1869          (2) (a) The department shall, within 15 days after the day on which the department
1870     receives a complete application from a medical cannabis courier on behalf of a medical
1871     cannabis courier agent, register and issue a medical cannabis courier agent registration card to
1872     the prospective agent if the medical cannabis courier:
1873          (i) provides to the department:
1874          (A) the prospective agent's name and address;
1875          (B) the name and address of the medical cannabis courier;
1876          (C) the name and address of each home delivery medical cannabis pharmacy with
1877     which the medical cannabis courier contracts to deliver medical cannabis shipments; and
1878          (D) the submission required under Subsection (2)(b);
1879          (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
1880     law of:
1881          (A) a felony; or
1882          (B) after December 3, 2018, a misdemeanor for drug distribution; and
1883          (iii) pays the department a fee in an amount that, subject to Subsection 26-61a-109(5),
1884     the department sets in accordance with Section 63J-1-504.
1885          (b) Except for an applicant reapplying for a medical cannabis courier agent registration

1886     card within less than one year after the expiration of the applicant's previous medical cannabis
1887     courier agent registration card, each prospective agent described in Subsection (2)(a) shall:
1888          (i) submit to the department:
1889          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1890          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1891     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1892     Generation Identification System's Rap Back Service; and
1893          (ii) consent to a fingerprint background check by:
1894          (A) the Bureau of Criminal Identification; and
1895          (B) the Federal Bureau of Investigation.
1896          (c) The Bureau of Criminal Identification shall:
1897          (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
1898     the applicable state, regional, and national criminal records databases, including the Federal
1899     Bureau of Investigation Next Generation Identification System;
1900          (ii) report the results of the background check to the department;
1901          (iii) maintain a separate file of fingerprints that prospective agents submit under
1902     Subsection (2)(b) for search by future submissions to the local and regional criminal records
1903     databases, including latent prints;
1904          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1905     Generation Identification System's Rap Back Service for search by future submissions to
1906     national criminal records databases, including the Next Generation Identification System and
1907     latent prints; and
1908          (v) establish a privacy risk mitigation strategy to ensure that the department only
1909     receives notifications for an individual with whom the department maintains an authorizing
1910     relationship.
1911          (d) The department shall:
1912          (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
1913     amount that the department sets in accordance with Section 63J-1-504 for the services that the
1914     Bureau of Criminal Identification or another authorized agency provides under this section; and
1915          (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
1916     Identification.

1917          (3) The department shall designate on an individual's medical cannabis courier agent
1918     registration card the name of the medical cannabis pharmacy where the individual is registered
1919     as an agent and each home delivery medical cannabis courier for which the medical cannabis
1920     courier delivers medical cannabis shipments.
1921          (4) (a) A medical cannabis courier agent shall comply with a certification standard that
1922     the department develops, in collaboration with the Division of [Occupational and] Professional
1923     Licensing and the Board of Pharmacy, or a third-party certification standard that the department
1924     designates by rule in collaboration with the Division of [Occupational and] Professional
1925     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
1926     Administrative Rulemaking Act.
1927          (b) The department shall ensure that the certification standard described in Subsection
1928     (4)(a) includes training in:
1929          (i) Utah medical cannabis law;
1930          (ii) the medical cannabis shipment process; and
1931          (iii) medical cannabis courier agent best practices.
1932          (5) (a) A medical cannabis courier agent registration card expires two years after the
1933     day on which the department issues or renews the card.
1934          (b) A medical cannabis courier agent may renew the agent's registration card if the
1935     agent:
1936          (i) is eligible for a medical cannabis courier agent registration card under this section;
1937          (ii) certifies to the department in a renewal application that the information in
1938     Subsection (2)(a) is accurate or updates the information; and
1939          (iii) pays to the department a renewal fee in an amount that:
1940          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1941     Section 63J-1-504; and
1942          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1943     comparison to the original application process.
1944          (6) The department may revoke or refuse to issue or renew the medical cannabis
1945     courier agent registration card of an individual who:
1946          (a) violates the requirements of this chapter; or
1947          (b) is convicted under state or federal law of:

1948          (i) a felony; or
1949          (ii) after December 3, 2018, a misdemeanor for drug distribution.
1950          (7) A medical cannabis courier agent whom the department has registered under this
1951     section shall carry the agent's medical cannabis courier agent registration card with the agent at
1952     all times when:
1953          (a) the agent is on the premises of the medical cannabis courier, a medical cannabis
1954     pharmacy, or a medical cannabis cardholder's home address; and
1955          (b) the agent is handling a medical cannabis shipment.
1956          (8) If a medical cannabis courier agent handling a medical cannabis shipment possesses
1957     the shipment in compliance with Subsection (7):
1958          (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
1959          (b) there is no probable cause, based solely on the agent's possession of the medical
1960     cannabis shipment that the agent is engaging in illegal activity.
1961          (9) (a) A medical cannabis courier agent who violates Subsection (7) is:
1962          (i) guilty of an infraction; and
1963          (ii) subject to a $100 fine.
1964          (b) An individual who is guilty of a violation described in Subsection (9)(a) is not
1965     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1966     underlying the violation described in Subsection (9)(a).
1967          Section 32. Section 26-64-102 is amended to read:
1968          26-64-102. Definitions.
1969          As used in this chapter:
1970          (1) "Dispense" means the same as that term is defined in Section 58-17b-102.
1971          (2) "Division" means the Division of [Occupational and] Professional Licensing
1972     created in Section 58-1-103.
1973          (3) "Local health department" means:
1974          (a) a local health department, as defined in Section 26A-1-102; or
1975          (b) a multicounty local health department, as defined in Section 26A-1-102.
1976          (4) "Patient counseling" means the same as that term is defined in Section 58-17b-102.
1977          (5) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
1978          (6) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.

1979          (7) "Physician" means the same as that term is defined in Section 58-67-102.
1980          (8) "Prescribe" means the same as that term is defined in Section 58-17b-102.
1981          (9) (a) "Self-administered hormonal contraceptive" means a self-administered
1982     hormonal contraceptive that is approved by the United States Food and Drug Administration to
1983     prevent pregnancy.
1984          (b) "Self-administered hormonal contraceptive" includes an oral hormonal
1985     contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
1986          (c) "Self-administered hormonal contraceptive" does not include any drug intended to
1987     induce an abortion, as that term is defined in Section 76-7-301.
1988          Section 33. Section 26A-1-113 is amended to read:
1989          26A-1-113. Right of entry to regulated premises by representatives for inspection.
1990          (1) Upon presenting proper identification, authorized representatives of local health
1991     departments may enter upon the premises of properties regulated by local health departments to
1992     perform routine inspections to insure compliance with rules, standards, regulations, and
1993     ordinances as adopted by the Departments of Health and Environmental Quality, local boards
1994     of health, county or municipal governing bodies, or administered by the Division of
1995     [Occupational and] Professional Licensing under Title 15A, Chapter 1, Part 2, State
1996     Construction Code Administration Act.
1997          (2) Section 58-56-9 does not apply to health inspectors acting under this section.
1998          (3) This section does not authorize local health departments to inspect private
1999     dwellings.
2000          Section 34. Section 26A-1-114 is amended to read:
2001          26A-1-114. Powers and duties of departments.
2002          (1) Subject to Subsections (7) and (8), a local health department may:
2003          (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
2004     department rules, and local health department standards and regulations relating to public
2005     health and sanitation, including the plumbing code administered by the Division of
2006     [Occupational and] Professional Licensing under Title 15A, Chapter 1, Part 2, State
2007     Construction Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager
2008     Certification Act, in all incorporated and unincorporated areas served by the local health
2009     department;

2010          (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
2011     control over property and over individuals as the local health department finds necessary for
2012     the protection of the public health;
2013          (c) establish and maintain medical, environmental, occupational, and other laboratory
2014     services considered necessary or proper for the protection of the public health;
2015          (d) establish and operate reasonable health programs or measures not in conflict with
2016     state law which:
2017          (i) are necessary or desirable for the promotion or protection of the public health and
2018     the control of disease; or
2019          (ii) may be necessary to ameliorate the major risk factors associated with the major
2020     causes of injury, sickness, death, and disability in the state;
2021          (e) close theaters, schools, and other public places and prohibit gatherings of people
2022     when necessary to protect the public health;
2023          (f) abate nuisances or eliminate sources of filth and infectious and communicable
2024     diseases affecting the public health and bill the owner or other person in charge of the premises
2025     upon which this nuisance occurs for the cost of abatement;
2026          (g) make necessary sanitary and health investigations and inspections on [its] the local
2027     health department's own initiative or in cooperation with the Department of Health or
2028     Environmental Quality, or both, as to any matters affecting the public health;
2029          (h) pursuant to county ordinance or interlocal agreement:
2030          (i) establish and collect appropriate fees for the performance of services and operation
2031     of authorized or required programs and duties;
2032          (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
2033     property, services, or materials for public health purposes; and
2034          (iii) make agreements not in conflict with state law which are conditional to receiving a
2035     donation or grant;
2036          (i) prepare, publish, and disseminate information necessary to inform and advise the
2037     public concerning:
2038          (i) the health and wellness of the population, specific hazards, and risk factors that may
2039     adversely affect the health and wellness of the population; and
2040          (ii) specific activities individuals and institutions can engage in to promote and protect

2041     the health and wellness of the population;
2042          (j) investigate the causes of morbidity and mortality;
2043          (k) issue notices and orders necessary to carry out this part;
2044          (l) conduct studies to identify injury problems, establish injury control systems,
2045     develop standards for the correction and prevention of future occurrences, and provide public
2046     information and instruction to special high risk groups;
2047          (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
2048     within the jurisdiction of the boards;
2049          (n) cooperate with the state health department, the Department of Corrections, the
2050     Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
2051     Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
2052     convicted sexual offenders, and any victims of a sexual offense;
2053          (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
2054          (p) provide public health assistance in response to a national, state, or local emergency,
2055     a public health emergency as defined in Section 26-23b-102, or a declaration by the President
2056     of the United States or other federal official requesting public health-related activities.
2057          (2) The local health department shall:
2058          (a) establish programs or measures to promote and protect the health and general
2059     wellness of the people within the boundaries of the local health department;
2060          (b) investigate infectious and other diseases of public health importance and implement
2061     measures to control the causes of epidemic and communicable diseases and other conditions
2062     significantly affecting the public health which may include involuntary testing of alleged sexual
2063     offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims
2064     of sexual offenses for HIV infection pursuant to Section 76-5-503;
2065          (c) cooperate with the department in matters pertaining to the public health and in the
2066     administration of state health laws; and
2067          (d) coordinate implementation of environmental programs to maximize efficient use of
2068     resources by developing with the Department of Environmental Quality a Comprehensive
2069     Environmental Service Delivery Plan which:
2070          (i) recognizes that the Department of Environmental Quality and local health
2071     departments are the foundation for providing environmental health programs in the state;

2072          (ii) delineates the responsibilities of the department and each local health department
2073     for the efficient delivery of environmental programs using federal, state, and local authorities,
2074     responsibilities, and resources;
2075          (iii) provides for the delegation of authority and pass through of funding to local health
2076     departments for environmental programs, to the extent allowed by applicable law, identified in
2077     the plan, and requested by the local health department; and
2078          (iv) is reviewed and updated annually.
2079          (3) The local health department has the following duties regarding public and private
2080     schools within [its] the local health department's boundaries:
2081          (a) enforce all ordinances, standards, and regulations pertaining to the public health of
2082     persons attending public and private schools;
2083          (b) exclude from school attendance any person, including teachers, who is suffering
2084     from any communicable or infectious disease, whether acute or chronic, if the person is likely
2085     to convey the disease to those in attendance; and
2086          (c) (i) make regular inspections of the health-related condition of all school buildings
2087     and premises;
2088          (ii) report the inspections on forms furnished by the department to those responsible for
2089     the condition and provide instructions for correction of any conditions that impair or endanger
2090     the health or life of those attending the schools; and
2091          (iii) provide a copy of the report to the department at the time the report is made.
2092          (4) If those responsible for the health-related condition of the school buildings and
2093     premises do not carry out any instructions for corrections provided in a report in Subsection
2094     (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
2095     persons responsible.
2096          (5) The local health department may exercise incidental authority as necessary to carry
2097     out the provisions and purposes of this part.
2098          (6) Nothing in this part may be construed to authorize a local health department to
2099     enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
2100     monoxide detector in a residential dwelling against anyone other than the occupant of the
2101     dwelling.
2102          (7) (a) Except as provided in Subsection (7)(c), a local health department may not

2103     declare a public health emergency or issue an order of constraint until the local health
2104     department has provided notice of the proposed action to the chief executive officer of the
2105     relevant county no later than 24 hours before the local health department issues the order or
2106     declaration.
2107          (b) The local health department:
2108          (i) shall provide the notice required by Subsection (7)(a) using the best available
2109     method under the circumstances as determined by the local health department;
2110          (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
2111          (iii) shall provide the notice in written form, if practicable.
2112          (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
2113     public health emergency or issue an order of constraint without approval of the chief executive
2114     officer of the relevant county if the passage of time necessary to obtain approval of the chief
2115     executive officer of the relevant county as required in Subsection (7)(a) would substantially
2116     increase the likelihood of loss of life due to an imminent threat.
2117          (ii) If a local health department declares a public health emergency or issues an order
2118     of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
2119     chief executive officer of the relevant county before issuing the order of constraint.
2120          (iii) The chief executive officer of the relevant county may terminate a declaration of a
2121     public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
2122     within 72 hours of declaration of the public health emergency or issuance of the order of
2123     constraint.
2124          (d) The relevant county governing body may at any time terminate a public health
2125     emergency or an order of constraint issued by the local health department by majority vote of
2126     the county governing body in response to a declared public health emergency.
2127          (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
2128     a local health department expires at the earliest of:
2129          (i) the local health department or the chief executive officer of the relevant county
2130     finding that the threat or danger has passed or the public health emergency reduced to the
2131     extent that emergency conditions no longer exist;
2132          (ii) 30 days after the date on which the local health department declared the public
2133     health emergency; or

2134          (iii) the day on which the public health emergency is terminated by majority vote of the
2135     county governing body.
2136          (b) (i) The relevant county legislative body, by majority vote, may extend a public
2137     health emergency for a time period designated by the county legislative body.
2138          (ii) If the county legislative body extends a public health emergency as described in
2139     Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
2140     legislative body.
2141          (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
2142     local health department expires as described in Subsection (8)(a), the local health department
2143     may not declare a public health emergency for the same illness or occurrence that precipitated
2144     the previous public health emergency declaration.
2145          (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
2146     health department finds that exigent circumstances exist, after providing notice to the county
2147     legislative body, the department may declare a new public health emergency for the same
2148     illness or occurrence that precipitated a previous public health emergency declaration.
2149          (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
2150     accordance with Subsection (8)(a) or (b).
2151          (e) For a public health emergency declared by a local health department under this
2152     chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
2153     Legislature may terminate by joint resolution a public health emergency that was declared
2154     based on exigent circumstances or that has been in effect for more than 30 days.
2155          (f) If the Legislature or county legislative body terminates a public health emergency
2156     declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
2157     department may not declare a new public health emergency for the same illness, occurrence, or
2158     exigent circumstances.
2159          (9) (a) During a public health emergency declared under this chapter or under Title 26,
2160     Chapter 23b, Detection of Public Health Emergencies Act:
2161          (i) except as provided in Subsection (9)(b), a local health department may not issue an
2162     order of constraint without approval of the chief executive officer of the relevant county;
2163          (ii) the Legislature may at any time terminate by joint resolution an order of constraint
2164     issued by a local health department in response to a declared public health emergency that has

2165     been in effect for more than 30 days; and
2166          (iii) a county governing body may at any time terminate by majority vote of the
2167     governing body an order of constraint issued by a local health department in response to a
2168     declared public health emergency.
2169          (b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
2170     order of constraint without approval of the chief executive officer of the relevant county if the
2171     passage of time necessary to obtain approval of the chief executive officer of the relevant
2172     county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
2173     life due to an imminent threat.
2174          (ii) If a local health department issues an order of constraint as described in Subsection
2175     (9)(b), the local health department shall notify the chief executive officer of the relevant county
2176     before issuing the order of constraint.
2177          (iii) The chief executive officer of the relevant county may terminate an order of
2178     constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
2179     constraint.
2180          (c) (i) For a local health department that serves more than one county, the approval
2181     described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
2182     of constraint is applicable.
2183          (ii) For a local health department that serves more than one county, a county governing
2184     body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
2185     county served by the county governing body.
2186          (10) (a) During a public health emergency declared as described in this title:
2187          (i) the department or a local health department may not impose an order of constraint
2188     on a religious gathering that is more restrictive than an order of constraint that applies to any
2189     other relevantly similar gathering; and
2190          (ii) an individual, while acting or purporting to act within the course and scope of the
2191     individual's official department or local health department capacity, may not:
2192          (A) prevent a religious gathering that is held in a manner consistent with any order of
2193     constraint issued pursuant to this title; or
2194          (B) impose a penalty for a previous religious gathering that was held in a manner
2195     consistent with any order of constraint issued pursuant to this title.

2196          (b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
2197     prevent the violation of this Subsection (10).
2198          (c) During a public health emergency declared as described in this title, the department
2199     or a local health department shall not issue a public health order or impose or implement a
2200     regulation that substantially burdens an individual's exercise of religion unless the department
2201     or local health department demonstrates that the application of the burden to the individual:
2202          (i) is in furtherance of a compelling government interest; and
2203          (ii) is the least restrictive means of furthering that compelling government interest.
2204          (d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
2205     department shall allow reasonable accommodations for an individual to perform or participate
2206     in a religious practice or rite.
2207          Section 35. Section 26A-1-126 is amended to read:
2208          26A-1-126. Medical reserve corps.
2209          (1) In addition to the duties listed in Section 26A-1-114, a local health department may
2210     establish a medical reserve corps in accordance with this section.
2211          (2) The purpose of a medical reserve corps is to enable a local health authority to
2212     respond with appropriate health care professionals to a national, state, or local emergency, a
2213     public health emergency as defined in Section 26-23b-102, or a declaration by the president of
2214     the United States or other federal official requesting public health related activities.
2215          (3) (a) A local health department may train health care professionals who participate in
2216     a medical reserve corps to respond to an emergency or declaration for public health related
2217     activities pursuant to Subsection (2).
2218          (b) When an emergency or request for public health related activities has been declared
2219     in accordance with Subsection (2), a local health department may activate a medical reserve
2220     corps for the duration of the emergency or declaration for public health related activities.
2221          (4) For purposes of this section, a medical reserve corps may include persons who:
2222          (a) are licensed under Title 58, Occupations and Professions, and who are operating
2223     within the scope of their practice;
2224          (b) are exempt from licensure, or operating under modified scope of practice
2225     provisions in accordance with Subsections 58-1-307(4) and (5); and
2226          (c) within the 10 years preceding the declared emergency, held a valid license, in good

2227     standing in Utah, for one of the occupations described in Subsection 58-13-2(1), but the license
2228     is not currently active.
2229          (5) (a) Notwithstanding the provisions of Subsections 58-1-307(4)(a) and (5)(b) the
2230     local health department may authorize a person described in Subsection (4) to operate in a
2231     modified scope of practice as necessary to respond to the declaration under Subsection (2).
2232          (b) A person operating as a member of an activated medical reserve corps or training as
2233     a member of a medical reserve corps under this section:
2234          (i) shall be volunteering for and supervised by the local health department;
2235          (ii) shall comply with the provisions of this section;
2236          (iii) is exempt from the licensing laws of Title 58, Occupations and Professions; and
2237          (iv) shall carry a certificate issued by the local health department which designates the
2238     individual as a member of the medical reserve corps during the duration of the emergency or
2239     declaration for public health related activities pursuant to Subsection (2).
2240          (6) The local department of health may access the Division of [Occupational and]
2241     Professional Licensing database for the purpose of determining if a person's current or expired
2242     license to practice in the state was in good standing.
2243          (7) The local department of health shall maintain a registry of persons who are
2244     members of a medical reserve corps. The registry of the medical reserve corps shall be made
2245     available to the public and to the Division of [Occupational and] Professional Licensing.
2246          Section 36. Section 31A-22-642 is amended to read:
2247          31A-22-642. Insurance coverage for autism spectrum disorder.
2248          (1) As used in this section:
2249          (a) "Applied behavior analysis" means the design, implementation, and evaluation of
2250     environmental modifications, using behavioral stimuli and consequences, to produce socially
2251     significant improvement in human behavior, including the use of direct observation,
2252     measurement, and functional analysis of the relationship between environment and behavior.
2253          (b) "Autism spectrum disorder" means pervasive developmental disorders as defined
2254     by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
2255     (DSM).
2256          (c) "Behavioral health treatment" means counseling and treatment programs, including
2257     applied behavior analysis, that are:

2258          (i) necessary to develop, maintain, or restore, to the maximum extent practicable, the
2259     functioning of an individual; and
2260          (ii) provided or supervised by a:
2261          (A) board certified behavior analyst; or
2262          (B) person licensed under Title 58, Chapter 1, Division of [Occupational and]
2263     Professional Licensing Act, whose scope of practice includes mental health services.
2264          (d) "Diagnosis of autism spectrum disorder" means medically necessary assessments,
2265     evaluations, or tests:
2266          (i) performed by a licensed physician who is board certified in neurology, psychiatry,
2267     or pediatrics and has experience diagnosing autism spectrum disorder, or a licensed
2268     psychologist with experience diagnosing autism spectrum disorder; and
2269          (ii) necessary to diagnose whether an individual has an autism spectrum disorder.
2270          (e) "Pharmacy care" means medications prescribed by a licensed physician and any
2271     health-related services considered medically necessary to determine the need or effectiveness
2272     of the medications.
2273          (f) "Psychiatric care" means direct or consultative services provided by a psychiatrist
2274     licensed in the state in which the psychiatrist practices.
2275          (g) "Psychological care" means direct or consultative services provided by a
2276     psychologist licensed in the state in which the psychologist practices.
2277          (h) "Therapeutic care" means services provided by licensed or certified speech
2278     therapists, occupational therapists, or physical therapists.
2279          (i) "Treatment for autism spectrum disorder":
2280          (i) means evidence-based care and related equipment prescribed or ordered for an
2281     individual diagnosed with an autism spectrum disorder by a physician or a licensed
2282     psychologist described in Subsection (1)(d) who determines the care to be medically necessary;
2283     and
2284          (ii) includes:
2285          (A) behavioral health treatment, provided or supervised by a person described in
2286     Subsection (1)(c)(ii);
2287          (B) pharmacy care;
2288          (C) psychiatric care;

2289          (D) psychological care; and
2290          (E) therapeutic care.
2291          (2) (a) Notwithstanding the provisions of Section 31A-22-618.5, a health benefit plan
2292     offered in the individual market or the large group market and entered into or renewed on or
2293     after January 1, 2016, and before January 1, 2020, shall provide coverage for the diagnosis and
2294     treatment of autism spectrum disorder:
2295          (i) for a child who is at least two years old, but younger than 10 years old; and
2296          (ii) in accordance with the requirements of this section and rules made by the
2297     commissioner.
2298          (b) Notwithstanding the provisions of Section 31A-22-618.5, a health benefit plan
2299     offered in the individual market or the large group market and entered into or renewed on or
2300     after January 1, 2020, shall provide coverage for the diagnosis and treatment of autism
2301     spectrum disorder in accordance with the requirements of this section and rules made by the
2302     commissioner.
2303          (3) The commissioner may adopt rules in accordance with Title 63G, Chapter 3, Utah
2304     Administrative Rulemaking Act, to set the minimum standards of coverage for the treatment of
2305     autism spectrum disorder.
2306          (4) Subject to Subsection (5), the rules described in Subsection (3) shall establish
2307     durational limits, amount limits, deductibles, copayments, and coinsurance for the treatment of
2308     autism spectrum disorder that are similar to, or identical to, the coverage provided for other
2309     illnesses or diseases.
2310          (5) (a) Coverage for behavioral health treatment for a person with an autism spectrum
2311     disorder shall cover at least 600 hours a year.
2312          (b) Notwithstanding Subsection (5)(a), for a health benefit plan offered in the
2313     individual market or the large group market and entered into or renewed on or after January 1,
2314     2020, coverage for behavioral health treatment for a person with an autism spectrum disorder
2315     may not have a limit on the number of hours covered.
2316          (c) Other terms and conditions in the health benefit plan that apply to other benefits
2317     covered by the health benefit plan apply to coverage required by this section.
2318          (d) Notwithstanding Section 31A-45-303, a health benefit plan providing treatment
2319     under Subsections (5)(a) and (b) shall include in the plan's provider network both board

2320     certified behavior analysts and mental health providers qualified under Subsection (1)(c)(ii).
2321          (6) A health care provider shall submit a treatment plan for autism spectrum disorder to
2322     the insurer within 14 business days of starting treatment for an individual. If an individual is
2323     receiving treatment for an autism spectrum disorder, an insurer shall have the right to request a
2324     review of that treatment not more than once every three months. A review of treatment under
2325     this Subsection (6) may include a review of treatment goals and progress toward the treatment
2326     goals. If an insurer makes a determination to stop treatment as a result of the review of the
2327     treatment plan under this subsection, the determination of the insurer may be reviewed under
2328     Section 31A-22-629.
2329          Section 37. Section 32B-4-305 is amended to read:
2330          32B-4-305. Additional criminal penalties.
2331          (1) (a) As used in this section, "business entity" means a corporation, partnership,
2332     association, limited liability company, or similar entity.
2333          (b) In addition to the penalties provided in Title 76, Chapter 3, Punishments, this
2334     section applies.
2335          (2) Upon a defendant's conviction of an offense defined in this title, the court may
2336     order the defendant to pay restitution or costs in accordance with Subsection 76-3-201(4).
2337          (3) (a) Upon a business entity's conviction of an offense defined in this title, and a
2338     failure of the business entity to pay a fine imposed upon it:
2339          (i) if [it] the business entity is a domestic business entity, the powers, rights, and
2340     privileges of the business entity may be suspended or revoked; and
2341          (ii) if [it] the business entity is a foreign business entity, it forfeits its right to do
2342     intrastate business in this state.
2343          (b) The department shall transmit the name of a business entity described in Subsection
2344     (3)(a) to the Division of Corporations and Commercial Code. Upon receipt of the information,
2345     the Division of Corporations and Commercial Code shall immediately record the action in a
2346     manner that makes the information available to the public.
2347          (c) A suspension, revocation, or forfeiture under this Subsection (3) is effective from
2348     the day on which the Division of Corporations and Commercial Code records the information.
2349          (d) A certificate of the Division of Corporations and Commercial Code is prima facie
2350     evidence of a suspension, revocation, or forfeiture.

2351          (e) This section may not be construed as affecting, limiting, or restricting a proceeding
2352     that otherwise may be taken for the imposition of any other punishment or the modes of
2353     enforcement or recovery of fines or penalties.
2354          (4) (a) Upon the conviction of a business entity required to have a business license to
2355     operate [its] the business entity's activities, or upon the conviction of any of [its] the business
2356     entity's staff of any offense defined in this title, with the knowledge, consent, or acquiescence
2357     of the business entity, the department shall forward a copy of the judgment of conviction to the
2358     appropriate governmental entity responsible for issuing and revoking the business license.
2359          (b) A governmental entity that receives a copy of a judgment under this Subsection (4)
2360     may institute appropriate proceedings to revoke the business license.
2361          (c) Upon revocation under this Subsection (4), a governmental entity may not issue a
2362     business license to the business entity for at least one year from the date of revocation.
2363          (d) Upon the conviction for a second or other offense, the governmental entity may not
2364     issue a business license for at least two years from the date of revocation.
2365          (5) (a) Upon conviction of one of the following of an offense defined in this title, the
2366     department shall forward a certified copy of the judgment of conviction to the Division of
2367     [Occupational and] Professional Licensing:
2368          (i) a health care practitioner; or
2369          (ii) an individual licensed as a veterinarian under Title 58, Chapter 28, Veterinary
2370     Practice Act.
2371          (b) The Division of [Occupational and] Professional Licensing may bring a proceeding
2372     in accordance with Title 58, Occupations and Professions, to revoke the license issued under
2373     Title 58, Occupations and Professions, of an individual described in Subsection (5)(a).
2374          (c) Upon revocation of a license under Subsection (5)(b):
2375          (i) the Division of [Occupational and] Professional Licensing may not issue a license to
2376     the individual under Title 58, Occupations and Professions, for at least one year from the date
2377     of revocation; and
2378          (ii) if the individual is convicted of a second or subsequent offense, the Division of
2379     [Occupational and] Professional Licensing may not issue a license to the individual under Title
2380     58, Occupations and Professions, for at least two years from the date of revocation.
2381          Section 38. Section 34-38-13 is amended to read:

2382          34-38-13. Confidentiality of test-related information.
2383          (1) For purposes of this section, "test-related information" means the following
2384     received by the employer through the employer's drug or alcohol testing program:
2385          (a) information;
2386          (b) interviews;
2387          (c) reports;
2388          (d) statements;
2389          (e) memoranda; or
2390          (f) test results.
2391          (2) Except as provided in Subsections (3) and (6), test-related information is a
2392     confidential communication and may not be:
2393          (a) used or received in evidence;
2394          (b) obtained in discovery; or
2395          (c) disclosed in any public or private proceeding.
2396          (3) Test-related information:
2397          (a) shall be disclosed to the Division of [Occupational and] Professional Licensing:
2398          (i) in the manner provided in Subsection 58-13-5(3); and
2399          (ii) only to the extent required under Subsection 58-13-5(3); and
2400          (b) may only be used in a proceeding related to:
2401          (i) an action taken by the Division of [Occupational and] Professional Licensing under
2402     Section 58-1-401 when the Division of [Occupational and] Professional Licensing is taking
2403     action in whole or in part on the basis of test-related information disclosed under Subsection
2404     (3)(a);
2405          (ii) an action taken by an employer under Section 34-38-8; or
2406          (iii) an action under Section 34-38-11.
2407          (4) Test-related information shall be the property of the employer.
2408          (5) An employer is entitled to use a drug or alcohol test result as a basis for action
2409     under Section 34-38-8.
2410          (6) An employer may not be examined as a witness with regard to test-related
2411     information, except:
2412          (a) in a proceeding related to an action taken by the employer under Section 34-38-8;

2413          (b) in an action under Section 34-38-11; or
2414          (c) in an action described in Subsection (3)(b)(i).
2415          Section 39. Section 35A-6-105 is amended to read:
2416          35A-6-105. Commissioner of Apprenticeship Programs.
2417          (1) There is created the position of Commissioner of Apprenticeship Programs within
2418     the department.
2419          (2) The commissioner shall be appointed by the executive director and chosen from
2420     one or more recommendations provided by a majority vote of the State Workforce
2421     Development Board.
2422          (3) The commissioner may be terminated without cause by the executive director.
2423          (4) The commissioner shall:
2424          (a) promote and educate the public, including high school guidance counselors and
2425     potential participants in apprenticeship programs, about apprenticeship programs, youth
2426     apprenticeship, and pre-apprenticeship programs offered in the state, including apprenticeship,
2427     youth apprenticeship, and pre-apprenticeship programs offered by private sector businesses,
2428     trade groups, labor unions, partnerships with educational institutions, and other associations in
2429     the state;
2430          (b) coordinate with the department and other stakeholders, including union and
2431     nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education,
2432     the Utah system of higher education, the Department of Commerce, the Division of
2433     [Occupational and] Professional Licensing, and the Governor's Office of Economic
2434     Opportunity to improve and promote apprenticeship opportunities in the state; and
2435          (c) provide an annual written report to:
2436          (i) the department for inclusion in the department's annual written report described in
2437     Section 35A-1-109;
2438          (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
2439     and
2440          (iii) the Higher Education Appropriations Subcommittee.
2441          (5) The annual written report described in Subsection (4)(c) shall provide information
2442     concerning:
2443          (a) the number of available apprenticeship, youth apprenticeship, and

2444     pre-apprenticeship programs in the state;
2445          (b) the number of apprentice participants in each program;
2446          (c) the completion rate of each program;
2447          (d) the cost of state funding for each program; and
2448          (e) recommendations for improving apprenticeship, youth apprenticeship, and
2449     pre-apprenticeship programs.
2450          Section 40. Section 36-23-102 is amended to read:
2451          36-23-102. Occupational and Professional Licensure Review Committee.
2452          (1) There is created the Occupational and Professional Licensure Review Committee.
2453          (2) The committee consists of nine members appointed as follows:
2454          (a) three members of the House of Representatives, appointed by the speaker of the
2455     House of Representatives, with no more than two appointees from the same political party;
2456          (b) three members of the Senate, appointed by the president of the Senate, with no
2457     more than two appointees from the same political party; and
2458          (c) three public members appointed jointly by the speaker of the House of
2459     Representatives and the president of the Senate from the following two groups:
2460          (i) at least one member who has previously served, but is no longer serving, on an
2461     advisory board created under Title 58, Occupations and Professions; and
2462          (ii) at least one member from the general public who does not hold a license issued by
2463     the Division of [Occupational and] Professional Licensing.
2464          (3) (a) The speaker of the House of Representatives shall designate a member of the
2465     House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
2466          (b) The president of the Senate shall designate a member of the Senate appointed under
2467     Subsection (2)(b) as a cochair of the committee.
2468          Section 41. Section 36-23-107 is amended to read:
2469          36-23-107. Sunrise or sunset review -- Criteria.
2470          (1) In conducting a sunrise review or a sunset review under this chapter, the committee
2471     may:
2472          (a) receive information from:
2473          (i) representatives of the lawful occupation proposed to be newly regulated or that is
2474     subject to a sunset review;

2475          (ii) the Division of [Occupational and] Professional Licensing; or
2476          (iii) any other person; and
2477          (b) review a proposal with or without considering proposed statutory language.
2478          (2) When conducting a sunrise review or sunset review under this chapter, the
2479     committee shall:
2480          (a) consider whether state regulation of the lawful occupation is necessary to address a
2481     compelling state interest in protecting against present, recognizable, and significant harm to the
2482     health or safety of the public;
2483          (b) consider if the committee's recommendations to the Legislature would negatively
2484     affect the interests of members of the regulated lawful occupation, including the effect on
2485     matters of reciprocity with other states;
2486          (c) if the committee determines that state regulation of the lawful occupation is not
2487     necessary to protect against present, recognizable, and significant harm to the health or safety
2488     of the public, recommend to the Legislature that the state not regulate the profession;
2489          (d) if the committee determines that state regulation of the lawful occupation is
2490     necessary in protecting against present, recognizable, and significant harm to the health or
2491     safety of the public, consider whether:
2492          (i) the proposed or existing statute is narrowly tailored to protect against present,
2493     recognizable, and significant harm to the health or safety of the public; and
2494          (ii) a potentially less restrictive alternative to licensing, including state certification,
2495     state registration, or exemption, would avoid unnecessary regulation while still protecting the
2496     health and safety of the public; and
2497          (e) recommend to the Legislature any necessary changes to the proposed or existing
2498     statute to ensure it is narrowly tailored to protect against present, recognizable, and significant
2499     harm to the health or safety of the public.
2500          (3) In [its] the committee's performance of each sunrise review or sunset review, the
2501     committee may apply the following criteria, to the extent that it is applicable:
2502          (a) whether the unregulated practice of the occupation or profession has clearly harmed
2503     or may harm or endanger the health, safety, or welfare of the public;
2504          (b) whether the potential for harm or endangerment described in Subsection (3)(a) is
2505     easily recognizable and not remote;

2506          (c) whether regulation of the occupation or profession will significantly diminish an
2507     identified risk to the health, safety, or welfare of the public;
2508          (d) whether regulation of the lawful occupation:
2509          (i) imposes significant new economic hardship on the public;
2510          (ii) significantly diminishes the supply of qualified practitioners; or
2511          (iii) otherwise creates barriers to service that are not consistent with the public welfare
2512     or interest;
2513          (e) whether the lawful occupation requires knowledge, skills, and abilities that are:
2514          (i) teachable; and
2515          (ii) testable;
2516          (f) whether the lawful occupation is clearly distinguishable from other lawful
2517     occupations that are already regulated;
2518          (g) whether the lawful occupation has:
2519          (i) an established code of ethics;
2520          (ii) a voluntary certification program; or
2521          (iii) other measures to ensure a minimum quality of service;
2522          (h) whether:
2523          (i) the lawful occupation involves the treatment of an illness, injury, or health care
2524     condition; and
2525          (ii) practitioners of the lawful occupation will request payment of benefits for the
2526     treatment under an insurance contract subject to Section 31A-22-618;
2527          (i) whether the public can be adequately protected by means other than regulation; and
2528          (j) other appropriate criteria as determined by the committee.
2529          Section 42. Section 38-1a-102 is amended to read:
2530          38-1a-102. Definitions.
2531          As used in this chapter:
2532          (1) "Alternate means" means a method of filing a legible and complete notice or other
2533     document with the registry other than electronically, as established by the division by rule.
2534          (2) "Anticipated improvement" means the improvement:
2535          (a) for which preconstruction service is performed; and
2536          (b) that is anticipated to follow the performing of preconstruction service.

2537          (3) "Applicable county recorder" means the office of the recorder of each county in
2538     which any part of the property on which a claimant claims or intends to claim a preconstruction
2539     or construction lien is located.
2540          (4) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which
2541     the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting
2542     shares or other ownership interest.
2543          (5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
2544          (6) "Compensation" means the payment of money for a service rendered or an expense
2545     incurred, whether based on:
2546          (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or
2547     percentage fee, or commission; or
2548          (b) a combination of the bases listed in Subsection (6)(a).
2549          (7) "Construction lender" means a person who makes a construction loan.
2550          (8) "Construction lien" means a lien under this chapter for construction work.
2551          (9) "Construction loan" does not include a consumer loan secured by the equity in the
2552     consumer's home.
2553          (10) "Construction project" means an improvement that is constructed pursuant to an
2554     original contract.
2555          (11) "Construction work":
2556          (a) means labor, service, material, or equipment provided for the purpose and during
2557     the process of constructing, altering, or repairing an improvement; and
2558          (b) includes scheduling, estimating, staking, supervising, managing, materials testing,
2559     inspection, observation, and quality control or assurance involved in constructing, altering, or
2560     repairing an improvement.
2561          (12) "Contestable notice" means a notice of preconstruction service under Section
2562     38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under
2563     Section 38-1a-506.
2564          (13) "Contesting person" means an owner, original contractor, subcontractor, or other
2565     interested person.
2566          (14) "Designated agent" means the third party the division contracts with as provided
2567     in Section 38-1a-202 to create and maintain the registry.

2568          (15) "Division" means the Division of [Occupational and] Professional Licensing
2569     created in Section 58-1-103.
2570          (16) "Entry number" means the reference number that:
2571          (a) the designated agent assigns to each notice or other document filed with the
2572     registry; and
2573          (b) is unique for each notice or other document.
2574          (17) "Final completion" means:
2575          (a) the date of issuance of a permanent certificate of occupancy by the local
2576     government entity having jurisdiction over the construction project, if a permanent certificate
2577     of occupancy is required;
2578          (b) the date of the final inspection of the construction work by the local government
2579     entity having jurisdiction over the construction project, if an inspection is required under a
2580     state-adopted building code applicable to the construction work, but no certificate of occupancy
2581     is required;
2582          (c) unless the owner is holding payment to ensure completion of construction work, the
2583     date on which there remains no substantial work to be completed to finish the construction
2584     work under the original contract, if a certificate of occupancy is not required and a final
2585     inspection is not required under an applicable state-adopted building code; or
2586          (d) the last date on which substantial work was performed under the original contract,
2587     if, because the original contract is terminated before completion of the construction work
2588     defined by the original contract, the local government entity having jurisdiction over the
2589     construction project does not issue a certificate of occupancy or perform a final inspection.
2590          (18) "Final lien waiver" means a form that complies with Subsection 38-1a-802(4)(c).
2591          (19) "First preliminary notice filing" means a preliminary notice that:
2592          (a) is the earliest preliminary notice filed on the construction project for which the
2593     preliminary notice is filed;
2594          (b) is filed on a construction project that, at the time the preliminary notice is filed, has
2595     not reached final completion; and
2596          (c) is not cancelled under Section 38-1a-307.
2597          (20) "Government project-identifying information" has the same meaning as defined in
2598     Section 38-1b-102.

2599          (21) "Improvement" means:
2600          (a) a building, infrastructure, utility, or other human-made structure or object
2601     constructed on or for and affixed to real property; or
2602          (b) a repair, modification, or alteration of a building, infrastructure, utility, or object
2603     referred to in Subsection (21)(a).
2604          (22) "Interested person" means a person that may be affected by a construction project.
2605          (23) "Notice of commencement" means a notice required under Section 38-1b-201 for
2606     a government project, as defined in Section 38-1b-102.
2607          (24) "Original contract":
2608          (a) means a contract between an owner and an original contractor for preconstruction
2609     service or construction work; and
2610          (b) does not include a contract between an owner-builder and another person.
2611          (25) "Original contractor" means a person, including an owner-builder, that contracts
2612     with an owner to provide preconstruction service or construction work.
2613          (26) "Owner" means the person that owns the project property.
2614          (27) "Owner-builder" means an owner, including an owner who is also an original
2615     contractor, who:
2616          (a) contracts with one or more other persons for preconstruction service or construction
2617     work for an improvement on the owner's real property; and
2618          (b) obtains a building permit for the improvement.
2619          (28) "Preconstruction lien" means a lien under this chapter for a preconstruction
2620     service.
2621          (29) "Preconstruction service":
2622          (a) means to plan or design, or to assist in the planning or design of, an improvement or
2623     a proposed improvement:
2624          (i) before construction of the improvement commences; and
2625          (ii) for compensation separate from any compensation paid or to be paid for
2626     construction work for the improvement; and
2627          (b) includes consulting, conducting a site investigation or assessment, programming,
2628     preconstruction cost or quantity estimating, preconstruction scheduling, performing a
2629     preconstruction construction feasibility review, procuring construction services, and preparing

2630     a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan,
2631     drawing, specification, or contract document.
2632          (30) "Private project" means a construction project that is not a government project.
2633          (31) "Project property" means the real property on or for which preconstruction service
2634     or construction work is or will be provided.
2635          (32) "Registry" means the State Construction Registry under Part 2, State Construction
2636     Registry.
2637          (33) "Required notice" means:
2638          (a) a notice of preconstruction service under Section 38-1a-401;
2639          (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
2640          (c) a notice of commencement;
2641          (d) a notice of construction loan under Section 38-1a-601;
2642          (e) a notice under Section 38-1a-602 concerning a construction loan default;
2643          (f) a notice of intent to obtain final completion under Section 38-1a-506; or
2644          (g) a notice of completion under Section 38-1a-507.
2645          (34) "Subcontractor" means a person that contracts to provide preconstruction service
2646     or construction work to:
2647          (a) a person other than the owner; or
2648          (b) the owner, if the owner is an owner-builder.
2649          (35) "Substantial work" does not include repair work or warranty work.
2650          (36) "Supervisory subcontractor" means a person that:
2651          (a) is a subcontractor under contract to provide preconstruction service or construction
2652     work; and
2653          (b) contracts with one or more other subcontractors for the other subcontractor or
2654     subcontractors to provide preconstruction service or construction work that the person is under
2655     contract to provide.
2656          Section 43. Section 38-1b-102 is amended to read:
2657          38-1b-102. Definitions.
2658          As used in this chapter:
2659          (1) "Alternate means" means the same as that term is defined in Section 38-1a-102.
2660          (2) "Construction project" means the same as that term is defined in Section 38-1a-102.

2661          (3) "Construction work" means the same as that term is defined in Section 38-1a-102.
2662          (4) "Designated agent" means the same as that term is defined in Section 38-1a-102.
2663          (5) "Division" means the Division of [Occupational and] Professional Licensing
2664     created in Section 58-1-103.
2665          (6) "Government project" means a construction project undertaken by or for:
2666          (a) the state, including a department, division, or other agency of the state; or
2667          (b) a county, city, town, school district, local district, special service district,
2668     community reinvestment agency, or other political subdivision of the state.
2669          (7) "Government project-identifying information" means:
2670          (a) the lot or parcel number of each lot included in the project property that has a lot or
2671     parcel number; or
2672          (b) the unique project number assigned by the designated agent.
2673          (8) "Original contractor" means the same as that term is defined in Section 38-1a-102.
2674          (9) "Owner" means the same as that term is defined in Section 38-1a-102.
2675          (10) "Owner-builder" means the same as that term is defined in Section 38-1a-102.
2676          (11) "Private project" means a construction project that is not a government project.
2677          (12) "Project property" means the same as that term is defined in Section 38-1a-102.
2678          (13) "Registry" means the same as that term is defined in Section 38-1a-102.
2679          Section 44. Section 38-11-102 is amended to read:
2680          38-11-102. Definitions.
2681          (1) "Certificate of compliance" means an order issued by the director to the owner
2682     finding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a)
2683     and (4)(b) and is entitled to protection under Section 38-11-107.
2684          (2) "Construction on an owner-occupied residence" means designing, engineering,
2685     constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
2686     residence.
2687          (3) "Department" means the Department of Commerce.
2688          (4) "Director" means the director of the Division of [Occupational and] Professional
2689     Licensing or the director's designee.
2690          (5) "Division" means the Division of [Occupational and] Professional Licensing.
2691          (6) "Duplex" means a single building having two separate living units.

2692          (7) "Encumbered fund balance" means the aggregate amount of outstanding claims
2693     against the fund. The remainder of the money in the fund is unencumbered funds.
2694          (8) "Executive director" means the executive director of the Department of Commerce.
2695          (9) "Factory built housing" is as defined in Section 15A-1-302.
2696          (10) "Factory built housing retailer" means a person that sells factory built housing to
2697     consumers.
2698          (11) "Fund" means the Residence Lien Recovery Fund established under Section
2699     38-11-201.
2700          (12) "Laborer" means a person who provides services at the site of the construction on
2701     an owner-occupied residence as an employee of an original contractor or other qualified
2702     beneficiary performing qualified services on the residence.
2703          (13) "Licensee" means any holder of a license issued under Title 58, Chapter 3a,
2704     Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors
2705     Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah
2706     Construction Trades Licensing Act.
2707          (14) "Nonpaying party" means the original contractor, subcontractor, or real estate
2708     developer who has failed to pay the qualified beneficiary making a claim against the fund.
2709          (15) "Original contractor" means a person who contracts with the owner of real
2710     property or the owner's agent to provide services, labor, or material for the construction of an
2711     owner-occupied residence.
2712          (16) "Owner" means a person who:
2713          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
2714     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
2715     owner-occupied residence upon real property that the person:
2716          (i) owns; or
2717          (ii) purchases after the person enters into a contract described in this Subsection (16)(a)
2718     and before completion of the owner-occupied residence;
2719          (b) contracts with a real estate developer to buy a residence upon completion of the
2720     construction on the owner-occupied residence; or
2721          (c) purchases a residence from a real estate developer after completion of the
2722     construction on the owner-occupied residence.

2723          (17) "Owner-occupied residence" means a residence that is, or after completion of the
2724     construction on the residence will be, occupied by the owner or the owner's tenant or lessee as a
2725     primary or secondary residence within 180 days after the day on which the construction on the
2726     residence is complete.
2727          (18) "Qualified beneficiary" means a person who:
2728          (a) provides qualified services;
2729          (b) pays necessary fees required under this chapter; and
2730          (c) registers with the division:
2731          (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks
2732     recovery from the fund as a licensed contractor; or
2733          (ii) as a person providing qualified services other than as a licensed contractor under
2734     Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as
2735     a licensed contractor.
2736          (19) (a) "Qualified services" means the following performed in construction on an
2737     owner-occupied residence:
2738          (i) contractor services provided by a contractor licensed or exempt from licensure
2739     under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
2740          (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
2741     Architects Licensing Act;
2742          (iii) engineering and land surveying services provided by a professional engineer or
2743     land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
2744     Engineers and Professional Land Surveyors Licensing Act;
2745          (iv) landscape architectural services by a landscape architect licensed or exempt from
2746     licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
2747          (v) design and specification services of mechanical or other systems;
2748          (vi) other services related to the design, drawing, surveying, specification, cost
2749     estimation, or other like professional services;
2750          (vii) providing materials, supplies, components, or similar products;
2751          (viii) renting equipment or materials;
2752          (ix) labor at the site of the construction on the owner-occupied residence; and
2753          (x) site preparation, set up, and installation of factory built housing.

2754          (b) "Qualified services" does not include the construction of factory built housing in
2755     the factory.
2756          (20) "Real estate developer" means a person having an ownership interest in real
2757     property who:
2758          (a) contracts with a person who is licensed as a contractor or is exempt from licensure
2759     under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
2760     residence that is offered for sale to the public; or
2761          (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
2762     Licensing Act, who engages in the construction of a residence that is offered for sale to the
2763     public.
2764          (21) (a) "Residence" means an improvement to real property used or occupied, to be
2765     used or occupied as, or in conjunction with:
2766          (i) a primary or secondary detached single-family dwelling; or
2767          (ii) a multifamily dwelling up to and including duplexes.
2768          (b) "Residence" includes factory built housing.
2769          (22) "Subsequent owner" means a person who purchases a residence from an owner
2770     within 180 days after the day on which the construction on the residence is completed.
2771          Section 45. Section 38-11-103 is amended to read:
2772          38-11-103. Administration.
2773          This chapter shall be administered by the Division of [Occupational and] Professional
2774     Licensing pursuant to the provisions of this chapter and consistent with Title 58, Chapter 1,
2775     Division of [Occupational and] Professional Licensing Act.
2776          Section 46. Section 41-6a-502 is amended to read:
2777          41-6a-502. Driving under the influence of alcohol, drugs, or a combination of
2778     both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
2779          (1) A person may not operate or be in actual physical control of a vehicle within this
2780     state if the person:
2781          (a) has sufficient alcohol in the person's body that a subsequent chemical test shows
2782     that the person has a blood or breath alcohol concentration of .05 grams or greater at the time
2783     of the test;
2784          (b) is under the influence of alcohol, any drug, or the combined influence of alcohol

2785     and any drug to a degree that renders the person incapable of safely operating a vehicle; or
2786          (c) has a blood or breath alcohol concentration of .05 grams or greater at the time of
2787     operation or actual physical control.
2788          (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
2789     milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
2790     alcohol per 210 liters of breath.
2791          (3) A violation of this section includes a violation under a local ordinance similar to
2792     this section adopted in compliance with Section 41-6a-510.
2793          (4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
2794     [Occupational and] Professional Licensing, created in Section 58-1-103, a report containing the
2795     name, case number, and, if known, the date of birth of each person convicted during the
2796     preceding month of a violation of this section for whom there is evidence that the person was
2797     driving under the influence, in whole or in part, of a prescribed controlled substance.
2798          (5) An offense described in this section is a strict liability offense.
2799          (6) A guilty or no contest plea to an offense described in this section may not be held in
2800     abeyance.
2801          Section 47. Section 41-6a-502.5 is amended to read:
2802          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
2803     requirements.
2804          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
2805     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
2806     impaired driving under this section if:
2807          (a) the defendant completes court ordered probation requirements; or
2808          (b) (i) the prosecutor agrees as part of a negotiated plea; and
2809          (ii) the court finds the plea to be in the interest of justice.
2810          (2) A conviction entered under this section is a class B misdemeanor.
2811          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
2812     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
2813          (ii) If the defendant fails to appear before the court and establish successful completion
2814     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
2815     amended conviction of Section 41-6a-502.

2816          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
2817     conviction.
2818          (b) The court may enter a conviction of impaired driving immediately under
2819     Subsection (1)(b).
2820          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
2821     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
2822     degree.
2823          (5) (a) The court shall notify the Driver License Division of each conviction entered
2824     under this section.
2825          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
2826     [Occupational and] Professional Licensing, created in Section 58-1-103, a report containing the
2827     name, case number, and, if known, the date of birth of each person convicted during the
2828     preceding month of a violation of this section for whom there is evidence that the person was
2829     driving while impaired, in whole or in part, by a prescribed controlled substance.
2830          (6) (a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a
2831     sentencing court to order a convicted person to participate in a screening, an assessment, or an
2832     educational series, or obtain substance abuse treatment or do a combination of those things,
2833     apply to a conviction entered under this section.
2834          (b) The court shall render the same order regarding screening, assessment, an
2835     educational series, or substance abuse treatment in connection with a first, second, or
2836     subsequent conviction under this section as the court would render in connection with applying
2837     respectively, the first, second, or subsequent conviction requirements of Subsections
2838     41-6a-505(1), (3), (5), and (7).
2839          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
2840     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
2841     reporting court notifies the Driver License Division that the defendant is participating in or has
2842     successfully completed the program of a driving under the influence court.
2843          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
2844          (i) a CDL license holder; or
2845          (ii) a violation that occurred in a commercial motor vehicle.
2846          (8) The provisions of this section are not available:

2847          (a) to a person who has a prior conviction as that term is defined in Subsection
2848     41-6a-501(2); or
2849          (b) where there is admissible evidence that the individual:
2850          (i) had a blood alcohol level of .16 or higher;
2851          (ii) had a blood alcohol level of .05 or higher in addition to any measurable controlled
2852     substance; or
2853          (iii) had a combination of two or more controlled substances in the person's body that
2854     were not:
2855          (A) prescribed by a licensed physician; or
2856          (B) recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
2857     Act.
2858          Section 48. Section 53-2a-1205 is amended to read:
2859          53-2a-1205. Administration -- Notification and procedures.
2860          (1) Any out-of-state business that enters the state shall, within a reasonable time after
2861     entry, not to exceed 30 days, provide to the Division of [Occupational and] Professional
2862     Licensing a statement that it is in the state for purposes of responding to the disaster or
2863     emergency, which statement shall include the business's:
2864          (a) name;
2865          (b) state of domicile;
2866          (c) principal business address;
2867          (d) federal tax identification number;
2868          (e) date of entry;
2869          (f) contact information; and
2870          (g) evidence of compliance with the regulatory or licensing requirements in Section
2871     53-2a-1203, such as a copy of applicable permits or licenses.
2872          (2) Any affiliate of a registered business in the state and any out-of-state business that
2873     is registered as a public utility in another state and that is providing assistance under the terms
2874     of a utility multistate mutual aid agreement shall not be required to provide the information
2875     required in Subsection (1), unless requested by the Division of [Occupational and] Professional
2876     Licensing within a reasonable period of time.
2877          (3) An out-of-state business or an out-of-state employee that remains in the state after

2878     the disaster period shall complete state and local registration, licensing, and filing requirements
2879     that establish the requisite business presence or residency in the state.
2880          (4) The Division of [Occupational and] Professional Licensing shall:
2881          (a) make rules necessary to implement Subsection (3);
2882          (b) develop and provide forms or online processes; and
2883          (c) maintain and make available an annual report of any designations made pursuant to
2884     this section.
2885          Section 49. Section 53-10-114 is amended to read:
2886          53-10-114. Authority regarding drug precursors.
2887          (1) As used in this section, "acts" means:
2888          (a) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; and
2889          (b) Title 58, Chapter 37d, Clandestine Drug Lab Act.
2890          (2) The division has authority to enforce the drug lab and precursor acts. To carry out
2891     this purpose, the division may:
2892          (a) inspect, copy, and audit any records, inventories of controlled substance precursors,
2893     and reports required under the acts and rules adopted under the acts;
2894          (b) enter the premises of regulated distributors and regulated purchasers during normal
2895     business hours to conduct administrative inspections;
2896          (c) assist the law enforcement agencies of the state in enforcing the acts;
2897          (d) conduct investigations to enforce the acts;
2898          (e) present evidence obtained from investigations conducted in conjunction with
2899     appropriate county and district attorneys and the Office of the Attorney General for civil or
2900     criminal prosecution or for administrative action against a licensee; and
2901          (f) work in cooperation with the Division of [Occupational and] Professional
2902     Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
2903          Section 50. Section 53B-24-304 is amended to read:
2904          53B-24-304. Powers of council.
2905          The council may:
2906          (1) conduct surveys, with the assistance of the Division of [Occupational and]
2907     Professional Licensing within the Department of Commerce, to assess and meet changing
2908     market and education needs;

2909          (2) notwithstanding the provisions of Subsection 35A-4-312(3), receive information
2910     obtained by the Division of Workforce Information and Payment Services under the provisions
2911     of Section 35A-4-312 for purposes consistent with the council's duties as identified under
2912     Section 53B-24-303, including identifying changes in the medical and health care workforce
2913     numbers, types, and geographic distribution;
2914          (3) appoint advisory committees of broad representation on interdisciplinary clinical
2915     education, workforce mix planning and projections, funding mechanisms, and other topics as is
2916     necessary;
2917          (4) use federal money for necessary administrative expenses to carry out [its] the
2918     council's duties and powers as permitted by federal law;
2919          (5) distribute program money in accordance with Subsection 53B-24-303(7); and
2920          (6) as is necessary to carry out [its] the council's duties under Section 53B-24-303:
2921          (a) hire employees; and
2922          (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
2923     Rulemaking Act.
2924          Section 51. Section 53F-2-305 is amended to read:
2925          53F-2-305. Professional staff weighted pupil units.
2926          (1) Professional staff weighted pupil units are computed and distributed in accordance
2927     with the following schedule:
2928          (a) Professional Staff Cost Formula
2929     
Years of
Experience

Bachelor's
Degree

Bachelor's
+30 Qt. Hr.

Master's
Degree
Master's
Degree
+45 Qt. Hr.


Doctorate
2930      11.001.051.101.151.20
2931      21.051.101.151.201.25
2932      31.101.151.201.251.30
2933      41.151.201.251.301.35
2934      51.201.251.301.351.40
2935      61.251.301.351.401.45
2936      71.301.351.401.451.50
2937      81.351.401.451.501.55
2938      91.501.551.60
2939      101.601.65
2940      111.70
2941          (b) Multiply the number of full-time or equivalent professional personnel in each
2942     applicable experience category in Subsection (1)(a) by the applicable weighting factor.
2943          (c) Divide the total of Subsection (1)(b) by the number of professional personnel
2944     included in Subsection (1)(b) and reduce the quotient by 1.00.
2945          (d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
2946     in accordance with Sections 53F-2-302 and 53F-2-304.
2947          (2) The state board shall enact rules in accordance with Title 63G, Chapter 3, Utah
2948     Administrative Rulemaking Act, that require a certain percentage of a school district's or
2949     charter school's professional staff to be certified in the area in which the staff teaches in order
2950     for the school district or charter school to receive full funding under the schedule.
2951          (3) If an individual's teaching experience is a factor in negotiating a contract of
2952     employment to teach in the state's public schools, then the LEA governing board is encouraged
2953     to accept as credited experience all of the years the individual has taught in the state's public
2954     schools.
2955          (4) The professional personnel described in Subsection (1) shall include an individual
2956     employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind
2957     who holds:
2958          (a) a license in the field of social work issued by the Division of [Occupational and]
2959     Professional Licensing; and
2960          (b) a position as a social worker.
2961          Section 52. Section 53F-2-405 is amended to read:
2962          53F-2-405. Educator salary adjustments.
2963          (1) As used in this section, "educator" means a person employed by a school district,
2964     charter school, or the Utah Schools for the Deaf and the Blind who holds:
2965          (a) (i) a license issued by the state board; and
2966          (ii) a position as a:

2967          (A) classroom teacher;
2968          (B) speech pathologist;
2969          (C) librarian or media specialist;
2970          (D) preschool teacher;
2971          (E) mentor teacher;
2972          (F) teacher specialist or teacher leader;
2973          (G) guidance counselor;
2974          (H) audiologist;
2975          (I) psychologist; or
2976          (J) social worker; or
2977          (b) (i) a license issued by the Division of [Occupational and] Professional Licensing;
2978     and
2979          (ii) a position as a social worker.
2980          (2) In recognition of the need to attract and retain highly skilled and dedicated
2981     educators, the Legislature shall annually appropriate money for educator salary adjustments,
2982     subject to future budget constraints.
2983          (3) Money appropriated to the state board for educator salary adjustments shall be
2984     distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
2985     in proportion to the number of full-time-equivalent educator positions in a school district, a
2986     charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
2987     of full-time-equivalent educator positions in school districts, charter schools, and the Utah
2988     Schools for the Deaf and the Blind.
2989          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
2990     shall award bonuses to educators as follows:
2991          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
2992     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
2993     Blind;
2994          (b) an individual who is not a full-time educator shall receive a partial salary
2995     adjustment based on the number of hours the individual works as an educator; and
2996          (c) a salary adjustment may be awarded only to an educator who has received a
2997     satisfactory rating or above on the educator's most recent evaluation.

2998          (5) The state board may make rules as necessary to administer this section in
2999     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3000          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
3001     money each year to:
3002          (i) maintain educator salary adjustments provided in prior years; and
3003          (ii) provide educator salary adjustments to new employees.
3004          (b) Money appropriated for educator salary adjustments shall include money for the
3005     following employer-paid benefits:
3006          (i) retirement;
3007          (ii) worker's compensation;
3008          (iii) social security; and
3009          (iv) Medicare.
3010          (7) (a) Subject to future budget constraints, the Legislature shall:
3011          (i) maintain the salary adjustments provided to school administrators in the 2007-08
3012     school year; and
3013          (ii) provide salary adjustments for new school administrators in the same amount as
3014     provided for existing school administrators.
3015          (b) The appropriation provided for educator salary adjustments shall include salary
3016     adjustments for school administrators as specified in Subsection (7)(a).
3017          (c) In distributing and awarding salary adjustments for school administrators, the state
3018     board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
3019     comply with the requirements for the distribution and award of educator salary adjustments as
3020     provided in Subsections (3) and (4).
3021          Section 53. Section 58-1-102 is amended to read:
3022          58-1-102. Definitions.
3023          For purposes of this title:
3024          (1) "Ablative procedure" is as defined in Section 58-67-102.
3025          (2) "Cosmetic medical procedure":
3026          (a) is as defined in Section 58-67-102; and
3027          (b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah
3028     Osteopathic Medical Practice Act, does not apply to the scope of practice of an individual

3029     licensed under this title if the individual's scope of practice includes the authority to operate or
3030     perform surgical procedures.
3031          (3) "Department" means the Department of Commerce.
3032          (4) "Director" means the director of the Division of [Occupational and] Professional
3033     Licensing.
3034          (5) "Division" means the Division of [Occupational and] Professional Licensing
3035     created in Section 58-1-103.
3036          (6) "Executive director" means the executive director of the Department of Commerce.
3037          (7) "Licensee" includes any holder of a license, certificate, registration, permit, student
3038     card, or apprentice card authorized under this title.
3039          (8) (a) (i) "Nonablative procedure" means a procedure that is expected or intended to
3040     alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove
3041     living tissue.
3042          (ii) Notwithstanding Subsection (8)(a)(i), nonablative procedure includes hair removal.
3043          (b) "Nonablative procedure" does not include:
3044          (i) a superficial procedure;
3045          (ii) the application of permanent make-up; or
3046          (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
3047     performed by an individual licensed under this title who is acting within their scope of practice.
3048          (9) "Pain clinic" means:
3049          (a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
3050          (b) a clinic in which greater than 50% of the clinic's annual patient population receive
3051     treatment primarily for non-terminal chronic pain using Schedule II-III controlled substances.
3052          (10) "Superficial procedure" means a procedure that is expected or intended to
3053     temporarily alter living skin tissue and may excise or remove stratum corneum but have no
3054     appreciable risk of damage to any tissue below the stratum corneum.
3055          (11) "Unlawful conduct" has the meaning given in Subsection 58-1-501(1).
3056          (12) "Unprofessional conduct" has the meaning given in Subsection 58-1-501(2).
3057          Section 54. Section 58-1-103 is amended to read:
3058          58-1-103. Division created to administer licensing laws.
3059          There is created within the Department of Commerce the Division of [Occupational

3060     and] Professional Licensing. The division shall administer and enforce all licensing laws of
3061     Title 58, Occupations and Professions.
3062          Section 55. Section 58-1-202 is amended to read:
3063          58-1-202. Boards -- Duties, functions, and responsibilities.
3064          (1) The duties, functions, and responsibilities of each board established under this title
3065     include the following:
3066          (a) recommending to the director appropriate rules and statutory changes, including
3067     changes to remove regulations that are no longer necessary or effective in protecting the public
3068     and enhancing commerce;
3069          (b) recommending to the director policy and budgetary matters;
3070          (c) approving and establishing a passing score for applicant examinations;
3071          (d) screening applicants and recommending licensing, renewal, reinstatement, and
3072     relicensure actions to the director in writing;
3073          (e) assisting the director in establishing standards of supervision for students or persons
3074     in training to become qualified to obtain a license in the occupation or profession it represents;
3075     and
3076          (f) acting as presiding officer in conducting hearings associated with adjudicative
3077     proceedings and in issuing recommended orders when so designated by the director.
3078          (2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah
3079     Construction Trades Licensing Act.
3080          (3) (a) Each board or commission established under this title may recommend to the
3081     appropriate legislative committee whether the board or commission supports a change to a
3082     licensing act.
3083          (b) This Subsection (3) does not:
3084          (i) require a board's approval to amend a practice act; and
3085          (ii) apply to technical or clarifying amendments to a practice act.
3086          Section 56. Section 58-1-301 is amended to read:
3087          58-1-301. License application -- Licensing procedure.
3088          (1) (a) Each license applicant shall apply to the division in writing upon forms
3089     available from the division.
3090          (b) Each completed application shall:

3091          (i) contain documentation of the particular qualifications required of the applicant
3092     under this title or rules made by the division;
3093          (ii) include the applicant's full legal name and social security number;
3094          (iii) be verified by the applicant; and
3095          (iv) be accompanied by the appropriate fees.
3096          (c) An applicant's social security number is a private record under Subsection
3097     63G-2-302(1)(i).
3098          (2) (a) The division shall issue a license to an applicant who submits a complete
3099     application if the division determines that the applicant meets the qualifications of licensure.
3100          (b) The division shall provide a written notice of additional proceedings to an applicant
3101     who submits a complete application, but who has been, is, or will be placed under investigation
3102     by the division for conduct directly bearing upon the applicant's qualifications for licensure, if
3103     the outcome of additional proceedings is required to determine the division's response to the
3104     application.
3105          (c) The division shall provide a written notice of denial of licensure to an applicant
3106     who submits a complete application if the division determines that the applicant does not meet
3107     the qualifications of licensure.
3108          (d) The division shall provide a written notice of incomplete application and
3109     conditional denial of licensure to an applicant who submits an incomplete application, which
3110     notice shall advise the applicant that the application is incomplete and that the application is
3111     denied, unless the applicant corrects the deficiencies within the time period specified in the
3112     notice and otherwise meets all qualifications for licensure.
3113          (3) The division may only issue a license to an applicant under this title if the applicant
3114     meets the requirements for that license as established under this title and by division rule made
3115     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3116          (4) If an applicant meets all requirements for a specific license, the division shall issue
3117     the license to the applicant.
3118          (5) (a) As used in this Subsection (5):
3119          (i) (A) "Competency-based licensing requirement" means a practical assessment of
3120     knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
3121     or profession regulated by this title, and which the director determines is at least as effective as

3122     a time-based licensing requirement at demonstrating proficiency and protecting the health and
3123     safety of the public.
3124          (B) "Competency-based licensing requirement" may include any combination of
3125     training, experience, testing, or observation.
3126          (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
3127     months, or years of education, training, supervised training, or other experience that an
3128     applicant for licensure under this title is required to complete before receiving a license under
3129     this title.
3130          (B) "Time-based licensing requirement" does not include an associate degree, a
3131     bachelor's degree, or a graduate degree from an accredited institution of higher education.
3132          (b) Subject to Subsection (5)(c), for an occupation or profession regulated by this title
3133     that has a time-based licensing requirement, the director, after consultation with the appropriate
3134     board, may by division rule made in accordance with Title 63G, Chapter 3, Utah
3135     Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing
3136     requirement as an alternative to completing the time-based licensing requirement.
3137          (c) If a time-based licensing requirement involves a program that must be approved or
3138     accredited by a specific entity or board, the director may only allow an applicant to complete a
3139     competency-based licensing requirement as an alternative to completing the time-based
3140     licensing requirement under Subsection (5)(b) if the competency-based requirement is
3141     approved or accredited by the specific entity or board as a replacement or alternative to the
3142     time-based licensing requirement.
3143          (d) By October 1 of each year, the director shall provide a written report to the
3144     Occupational and Professional Licensure Review Committee describing any competency-based
3145     licensing requirements implemented under this Subsection (5).
3146          Section 57. Section 58-1-302 is amended to read:
3147          58-1-302. License by endorsement.
3148          (1) Subject to Subsections [(2), (3), (4), and (5)] (3) through (6), the division shall
3149     issue a license [without examination] to a person who has been licensed in a state, district, or
3150     territory of the United States if:
3151          (a) after being licensed outside of this state, the person has at least one year of
3152     experience in the state, district, or territory of the United States where the license was issued;

3153          (b) the person's license is in good standing in the state, district, or territory of the
3154     United States where the license was issued; and
3155          (c) the division determines that the license issued by the state, district, or territory of
3156     the United States encompasses a similar scope of practice as the license sought in this state.
3157          (2) Subject to Subsections (3) through (6), the division may issue a license to a person
3158     who:
3159          (a) has been licensed in a state, district, or territory of the United States, or in a
3160     jurisdiction outside of the United States, if:
3161          (i) (A) after being licensed, the person has at least one year of experience in the
3162     jurisdiction where the license was issued; and
3163          (B) the division determines that the person's education, experience, and skills
3164     demonstrate competency in the occupation or profession for which the person seeks licensure;
3165     or
3166          (ii) the division determines that the licensure requirements of the jurisdiction at the
3167     time the license was issued were substantially similar to the current licensure requirements of
3168     this state; or
3169          (b) has never been licensed in a state, district, or territory of the United States, or in a
3170     jurisdiction outside of the United States, if:
3171          (i) the person was educated in or obtained relevant experience in a state, district, or
3172     territory of the United States, or a jurisdiction outside of the United States; and
3173          (ii) the division determines that the education or experience was substantially similar to
3174     the current education or experience requirements for licensure in this state.
3175           [(2)] (3) The division, in consultation with the applicable licensing board, may make
3176     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3177     prescribing the administration and requirements of this section.
3178          [(3) Notwithstanding the provisions of Subsection (1), the]
3179          (4) The division may refuse to issue a license to a person under the provisions of this
3180     section if:
3181          (a) the division determines that there is reasonable cause to believe that the person is
3182     not qualified to receive a license in this state; or
3183          (b) the person has a previous or pending disciplinary action related to the person's

3184     license.
3185          [(4)] (5) Before a person may be issued a license under this section, the person shall:
3186          (a) pay a fee determined by the department under Section 63J-1-504; and
3187          (b) produce satisfactory evidence of the person's identity, qualifications, and good
3188     standing in the occupation or profession for which licensure is sought.
3189          [(5)] (6) In accordance with Section 58-1-107, licensure endorsement provisions in this
3190     section are subject to and may be supplemented or altered by licensure endorsement provisions
3191     or multistate licensure compacts in specific chapters of this title.
3192          [(6)] (7) On or before October 1, 2022, the division shall provide a written report to the
3193     Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
3194     provisions of this section at ensuring that persons receiving a license without examination
3195     under the provisions of this section are qualified to receive a license in this state.
3196          Section 58. Section 58-3a-302 is amended to read:
3197          58-3a-302. Qualifications for licensure.
3198          (1) Except as provided in Subsection (2), each applicant for licensure as an architect
3199     shall:
3200          (a) submit an application in a form prescribed by the division;
3201          (b) pay a fee determined by the department under Section 63J-1-504;
3202          (c) have graduated and received an earned bachelors or masters degree from an
3203     architecture program meeting criteria established by rule by the division in collaboration with
3204     the board;
3205          (d) have successfully completed a program of diversified practical experience
3206     established by rule by the division in collaboration with the board;
3207          (e) have successfully passed examinations established by rule by the division in
3208     collaboration with the board; and
3209          (f) meet with the board or representative of the division upon request for the purpose of
3210     evaluating the applicant's qualifications for license.
3211          (2) Each applicant for licensure as an architect by endorsement shall:
3212          (a) submit an application in a form prescribed by the division;
3213          (b) pay a fee determined by the department under Section 63J-1-504;
3214          (c) submit satisfactory evidence of:

3215          (i) (A) current licensure in good standing in a jurisdiction recognized by rule by the
3216     division in collaboration with the board; and
3217          [(ii)] (B) current certification from the National Council of Architectural Registration
3218     Boards; or
3219          [(iii)] (ii) (A) current license in good standing in a jurisdiction recognized by rule by
3220     the division in collaboration with the board; and
3221          [(iv)] (B) full-time employment as a licensed architect as a principal for at least five of
3222     the last seven years immediately preceding the date of the application;
3223          (d) have successfully passed [any] an examination established by rule by the division in
3224     collaboration with the board; and
3225          (e) meet with the board or representative of the division upon request for the purpose
3226     of evaluating the applicant's qualifications for license.
3227          Section 59. Section 58-9-302 is amended to read:
3228          58-9-302. Qualifications for licensure.
3229          (1) Each applicant for licensure as a funeral service director shall:
3230          (a) submit an application in a form prescribed by the division;
3231          (b) pay a fee as determined by the department under Section 63J-1-504;
3232          [(c) be of good moral character in that the applicant has not been convicted of:]
3233          [(i) a first or second degree felony;]
3234          [(ii) a misdemeanor involving moral turpitude; or]
3235          [(iii) any other crime that when considered with the duties and responsibilities of a
3236     funeral service director is considered by the division and the board to indicate that the best
3237     interests of the public are not served by granting the applicant a license;]
3238          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education
3239     degree;
3240          [(e)] (d) have obtained an associate degree, or its equivalent, in mortuary science from
3241     a school of funeral service accredited by the American Board of Funeral Service Education or
3242     other accrediting body recognized by the U.S. Department of Education;
3243          [(f)] (e) have completed not less than 2,000 hours and 50 embalmings, over a period of
3244     not less than one year, of satisfactory performance in training as a licensed funeral service
3245     intern under the supervision of a licensed funeral service director; and

3246          [(g)] (f) obtain a passing score on examinations approved by the division in
3247     collaboration with the board.
3248          (2) Each applicant for licensure as a funeral service intern shall:
3249          (a) submit an application in a form prescribed by the division;
3250          (b) pay a fee as determined by the department under Section 63J-1-504;
3251          [(c) be of good moral character in that the applicant has not been convicted of:]
3252          [(i) a first or second degree felony;]
3253          [(ii) a misdemeanor involving moral turpitude; or]
3254          [(iii) any other crime that when considered with the duties and responsibilities of a
3255     funeral service intern is considered by the division and the board to indicate that the best
3256     interests of the public are not served by granting the applicant a license;]
3257          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education
3258     degree; and
3259          [(e)] (d) obtain a passing score on an examination approved by the division in
3260     collaboration with the board.
3261          (3) Each applicant for licensure as a funeral service establishment and each funeral
3262     service establishment licensee shall:
3263          (a) submit an application in a form prescribed by the division;
3264          (b) pay a fee as determined by the department under Section 63J-1-504;
3265          (c) have in place:
3266          (i) an embalming room for preparing dead human bodies for burial or final disposition,
3267     which may serve one or more facilities operated by the applicant;
3268          (ii) a refrigeration room that maintains a temperature of not more than 40 degrees
3269     fahrenheit for preserving dead human bodies prior to burial or final disposition, which may
3270     serve one or more facilities operated by the applicant; and
3271          (iii) maintain at all times a licensed funeral service director who is responsible for the
3272     day-to-day operation of the funeral service establishment and who is personally available to
3273     perform the services for which the license is required;
3274          (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
3275     director if the funeral service establishment sells preneed funeral arrangements;
3276          (e) file with the completed application a copy of each form of contract or agreement the

3277     applicant will use in the sale of preneed funeral arrangements;
3278          (f) provide evidence of appropriate licensure with the Insurance Department if the
3279     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
3280     in part by an insurance policy or product to be sold by the provider or the provider's sales
3281     agent; and
3282          (g) if the applicant intends to offer alkaline hydrolysis in a funeral service
3283     establishment, provide evidence that in accordance with rules made by the division in
3284     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
3285          (i) the funeral service establishment meets the minimum standards for the handling,
3286     holding, and processing of deceased human remains in a safe, clean, private, and respectful
3287     manner; and
3288          (ii) all operators of the alkaline hydrolysis equipment have received adequate training.
3289          (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
3290          (a) submit an application in a form prescribed by the division;
3291          (b) pay a fee as determined by the department under Section 63J-1-504;
3292          [(c) be of good moral character in that the applicant has not been convicted of:]
3293          [(i) a first or second degree felony;]
3294          [(ii) a misdemeanor involving moral turpitude; or]
3295          [(iii) any other crime that when considered with the duties and responsibilities of a
3296     preneed funeral sales agent is considered by the division and the board to indicate that the best
3297     interests of the public are not served by granting the applicant a license;]
3298          [(d)] (c) have obtained a high school diploma or its equivalent or a higher education
3299     degree;
3300          [(e)] (d) have obtained a passing score on an examination approved by the division in
3301     collaboration with the board;
3302          [(f)] (e) affiliate with a licensed funeral service establishment; and
3303          [(g)] (f) provide evidence of appropriate licensure with the Insurance Department if the
3304     applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
3305     in part by an insurance policy or product.
3306          Section 60. Section 58-15-101, which is renumbered from Section 58-15-2 is
3307     renumbered and amended to read:

3308     
CHAPTER 15. HEALTH FACILITY ADMINISTRATOR ACT

3309     
Part 1. General Provisions

3310          [58-15-2].      58-15-101. Definitions.
3311          In addition to the definitions in Section 58-1-102, as used in this chapter:
3312          (1) "Administrator" means a person who is charged with the general administration of a
3313     health facility, regardless of whether [that]:
3314          (a) the person has an ownership interest in the facility [and whether his]; or
3315          (b) the person's functions and duties are shared with one or more persons.
3316          (2) "Board" means the Health Facility Administrators Licensing Board created in
3317     Section [58-15-3] 58-15-201.
3318          (3) "Health facility" means a skilled nursing facility, an intermediate care facility, or an
3319     intermediate care facility for individuals with an intellectual disability.
3320          (4) "Intermediate care facility" means an institution that provides, on a regular basis,
3321     health care and services to individuals who do not require the degree of care and treatment a
3322     hospital or skilled nursing facility provides, but who require health care and services in
3323     addition to room and board.
3324          (5) "Intermediate care facility for people with an intellectual disability" means an
3325     institution that provides, on a regular basis, health-related care and service to individuals with
3326     intellectual disabilities as defined in Section 68-3-12.5 or individuals with related conditions,
3327     who do not require the degree of care and treatment a hospital or skilled nursing facility
3328     provides, but who require health-related care and services above the need for room and board.
3329          (6) "Skilled nursing facility" means an institution primarily providing inpatients with
3330     skilled nursing care and related services on a continuing basis for patients who require mental,
3331     medical, or nursing care, or service for the rehabilitation of an injured individual, a sick
3332     individual, or an individual with a disability.
3333          (7) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
3334     defined by rule includes:
3335          (a) intentionally filing a false report or record, intentionally failing to file a report or
3336     record required by state or federal law, or [wilfully] willfully impeding or obstructing the filing
3337     of a required report. These reports or records only include those which are signed in the
3338     capacity of a licensed health facility administrator; and

3339          (b) acting in a manner inconsistent with the health and safety of the patients of the
3340     health facility in which he is the administrator.
3341          Section 61. Section 58-15-201, which is renumbered from Section 58-15-3 is
3342     renumbered and amended to read:
3343     
Part 2. Board

3344          [58-15-3].      58-15-201. Health Facility Administrators Licensing Board.
3345          (1) There is created a Health Facility Administrators Licensing Board consisting of:
3346          (a) one administrator from a skilled nursing facility[,];
3347          (b) two administrators from intermediate care facilities[,];
3348          (c) one administrator from an intermediate care facility for people with an intellectual
3349     disability[,]; and
3350          (d) one member from the general public.
3351          (2) The board shall be appointed and serve in accordance with Section 58-1-201.
3352          (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
3353     58-1-202 and 58-1-203.
3354          (b) The board, in collaboration with the division, may establish continuing education
3355     requirements by rule.
3356          (c) Board members may not receive compensation for their involvement in continuing
3357     education programs.
3358          Section 62. Section 58-15-301, which is renumbered from Section 58-15-4 is
3359     renumbered and amended to read:
3360     
Part 3. Licensing

3361          [58-15-4].      58-15-301. Licensure requirements.
3362          (1) An applicant for a license under this chapter shall submit to the division a written
3363     application [to the division, verified under oath, that the applicant is of good moral character as
3364     it relates to the functions and responsibilities of the practice of administration of a health
3365     facility] in a form prescribed by the division.
3366          (2) After July 1, 1985, all new applicants are required to have[, in addition to
3367     Subsection (1),] the education or experience requirements as established by rule and as
3368     approved by the division.
3369          (3) The applicant shall pay [a fee to the Department of Commerce determined by it

3370     pursuant to] to the department a fee in an amount determined by the department in accordance
3371     with Section 63J-1-504 for:
3372          (a) admission to the examination[, for];
3373          (b) an initial license[, and for]; and
3374          (c) a renewal license.
3375          (4) (a) The applicant shall pass a written examination in subjects determined by the
3376     board.
3377          (b) Upon the applicant passing the examination described in Subsection (4)(a) and
3378     [payment of] paying the license fee described in Subsection (3), the board shall recommend
3379     issuance to the applicant of a license to practice as a health facility administrator.
3380          (5) (a) A temporary license may be issued without examination to a person who meets
3381     the requirements established by statute and by rule for an administrator. [The]
3382          (b) A temporary license may be issued only:
3383          (i) to fill a position of administrator that unexpectedly becomes vacant; and [may be
3384     issued for only a single period not to exceed six months.]
3385          (ii) for a single period of six months or less.
3386          [(6) A license may be granted to an applicant who is a licensed nursing home
3387     administrator in another state if the standards for licensure in the other state are equivalent to
3388     those criteria set forth in Subsections (1) and (2), and if the applicant is otherwise qualified.]
3389          Section 63. Section 58-15-302, which is renumbered from Section 58-15-4.5 is
3390     renumbered and amended to read:
3391          [58-15-4.5].      58-15-302. Term of license -- Expiration -- Renewal.
3392          (1) (a) Each license issued under this chapter shall be issued in accordance with a
3393     two-year renewal cycle established by rule.
3394          (b) A renewal period described in Subsection (1)(a) may be extended or shortened by
3395     as much as one year to maintain established renewal cycles or to change an established renewal
3396     cycle.
3397          (2) Each license automatically expires on the expiration date shown on the license
3398     unless renewed by the licensee in accordance with Section 58-1-308.
3399          Section 64. Section 58-15-303, which is renumbered from Section 58-15-11 is
3400     renumbered and amended to read:

3401          [58-15-11].      58-15-303. Exemptions to chapter.
3402          (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
3403     apply to:
3404          (a) a facility of a recognized church or denomination that cares for the sick and
3405     suffering by mental or spiritual means if no drug or material remedy is used in the care
3406     provided; or
3407          (b) the superintendent of the Utah State Developmental Center described in Section
3408     62A-5-201.
3409          (2) Any facility or person exempted under this section shall comply with each statute
3410     and rule on sanitation and life safety.
3411          Section 65. Section 58-15-401, which is renumbered from Section 58-15-12 is
3412     renumbered and amended to read:
3413     
Part 4. License Denial and Discipline

3414          [58-15-12].      58-15-401. Grounds for denial of license -- Disciplinary
3415     proceedings.
3416          Grounds for refusal to issue a license to an applicant, for refusal to renew the license of
3417     a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
3418     public or private reprimand to a licensee, and to issue cease and desist orders shall be in
3419     accordance with Section 58-1-401.
3420          Section 66. Section 58-15-501, which is renumbered from Section 58-15-10 is
3421     renumbered and amended to read:
3422     
Part 5. Unlawful Conduct

3423          [58-15-10].      58-15-501. Penalty for unlawful conduct.
3424          [Any] A person who violates the unlawful conduct provisions defined in Subsection
3425     58-1-501(1) is guilty of a class B misdemeanor.
3426          Section 67. Section 58-16a-302 is amended to read:
3427          58-16a-302. Qualifications for licensure.
3428          [(1)] An applicant for licensure as an optometrist shall:
3429          [(a)] (1) submit an application in a form prescribed by the division;
3430          [(b)] (2) pay a fee as determined by the division under Section 63J-1-504;
3431          [(c) (i)] (3) (a) be a doctoral graduate of a recognized school of optometry accredited

3432     by the American Optometric Association's Accreditation Council on Optometric Education; or
3433          [(ii)] (b) be a graduate of a school of optometry located outside the United States that
3434     meets the criteria that would qualify the school for accreditation under Subsection [(1)(c)(i)]
3435     (3)(a), as demonstrated by the applicant for licensure;
3436          [(d)] (4) if the applicant graduated from a recognized school of optometry prior to July
3437     1, 1996, have successfully completed a course of study satisfactory to the division, in
3438     consultation with the board, in general and ocular pharmacology and emergency medical care;
3439          [(e)] (5) have passed examinations approved by the division in consultation with the
3440     board that include:
3441          [(i)] (a) a standardized national optometry examination;
3442          [(ii)] (b) a standardized clinical examination; and
3443          [(iii)] (c) a standardized national therapeutics examination; and
3444          [(f)] (6) meet with the board and representatives of the division, if requested by either
3445     party, for the purpose of evaluating the applicant's qualifications for licensure.
3446          [(2) Notwithstanding Subsection (1) and Section 58-1-302, the division shall issue a
3447     license under this chapter by endorsement to an individual who:]
3448          [(a) submits an application for licensure by endorsement on a form approved by the
3449     division;]
3450          [(b) pays a fee established by the division in accordance with Section 63J-1-504;]
3451          [(c) verifies that the individual is licensed as an optometrist in good standing in each
3452     state of the United States, or province of Canada, in which the individual is currently licensed
3453     as an optometrist; and]
3454          [(d) has been actively engaged in the legal practice of optometry for at least 3,200
3455     hours during the immediately preceding two years in a manner consistent with the legal
3456     practice of optometry in this state.]
3457          Section 68. Section 58-17b-504 is amended to read:
3458          58-17b-504. Penalty for unlawful or unprofessional conduct -- Fines -- Citations.
3459          (1) Any person who violates any of the unlawful conduct provisions of Subsection
3460     58-1-501(1)(a)(i) and Subsections 58-17b-501(7) and (11) is guilty of a third degree felony.
3461          (2) Any person who violates any of the unlawful conduct provisions of Subsection
3462     58-1-501(1)(a)(ii), Subsections 58-1-501(1)(b) through (e), and Section 58-17b-501, except

3463     Subsections 58-17b-501(7) and (11), is guilty of a class A misdemeanor.
3464          (3) (a) Subject to Subsection (5) and in accordance with Section 58-17b-401, for acts
3465     of unprofessional or unlawful conduct, the division may:
3466          (i) assess administrative penalties; and
3467          (ii) take any other appropriate administrative action.
3468          (b) An administrative penalty imposed pursuant to this section shall be deposited in the
3469     General Fund as a dedicated credit to be used by the division for pharmacy licensee education
3470     and enforcement as provided in Section 58-17b-505.
3471          (4) If a licensee has been convicted of violating Section 58-17b-501 prior to an
3472     administrative finding of a violation of the same section, the licensee may not be assessed an
3473     administrative fine under this chapter for the same offense for which the conviction was
3474     obtained.
3475          (5) (a) If upon inspection or investigation, the division concludes that a person has
3476     violated the provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled
3477     Substances Act, Chapter 37f, Controlled Substance Database Act, Chapter 1, Division of
3478     [Occupational and] Professional Licensing Act, or any rule or order issued with respect to these
3479     provisions, and that disciplinary action is appropriate, the director or the director's designee
3480     from within the division shall promptly issue a citation to the person according to this chapter
3481     and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to
3482     appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
3483     Administrative Procedures Act.
3484          (b) Any person who is in violation of the provisions of Section 58-17b-501 or
3485     58-17b-502, Chapter 37, Utah Controlled Substances Act, Chapter 37f, Controlled Substance
3486     Database Act, Chapter 1, Division of [Occupational and] Professional Licensing Act, or any
3487     rule or order issued with respect to these provisions, as evidenced by an uncontested citation, a
3488     stipulated settlement, or a finding of violation in an adjudicative proceeding, may be assessed a
3489     fine pursuant to this Subsection (5) of up to $10,000 per single violation or up to $2,000 per
3490     day of ongoing violation, whichever is greater, in accordance with a fine schedule established
3491     by rule, and may, in addition to or in lieu of, be ordered to cease and desist from violating the
3492     provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled Substances Act,
3493     Chapter 1, Division of [Occupational and] Professional Licensing Act, or any rule or order

3494     issued with respect to these provisions.
3495          (c) Except for an administrative fine and a cease and desist order, the licensure
3496     sanctions cited in Section 58-17b-401 may not be assessed through a citation.
3497          (d) Each citation shall be in writing and specifically describe with particularity the
3498     nature of the violation, including a reference to the provision of the chapter, rule, or order
3499     alleged to have been violated. The citation shall clearly state that the recipient must notify the
3500     division in writing within 20 calendar days of service of the citation in order to contest the
3501     citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
3502     The citation shall clearly explain the consequences of failure to timely contest the citation or to
3503     make payment of any fines assessed by the citation within the time specified in the citation.
3504          (e) Each citation issued under this section, or a copy of each citation, may be served
3505     upon any person upon whom a summons may be served:
3506          (i) in accordance with the Utah Rules of Civil Procedure;
3507          (ii) personally or upon the person's agent by a division investigator or by any person
3508     specially designated by the director; or
3509          (iii) by mail.
3510          (f) If within 20 calendar days from the service of a citation, the person to whom the
3511     citation was issued fails to request a hearing to contest the citation, the citation becomes the
3512     final order of the division and is not subject to further agency review. The period to contest the
3513     citation may be extended by the division for cause.
3514          (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
3515     the license of a licensee who fails to comply with the citation after it becomes final.
3516          (h) The failure of an applicant for licensure to comply with a citation after it becomes
3517     final is a ground for denial of license.
3518          (i) No citation may be issued under this section after the expiration of one year
3519     following the date on which the violation that is the subject of the citation is reported to the
3520     division.
3521          (6) (a) The director may collect a penalty that is not paid by:
3522          (i) referring the matter to a collection agency; or
3523          (ii) bringing an action in the district court of the county where the person against whom
3524     the penalty is imposed resides or in the county where the office of the director is located.

3525          (b) A county attorney or the attorney general of the state shall provide legal assistance
3526     and advice to the director in an action to collect a penalty.
3527          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3528     action brought by the division to collect a penalty.
3529          Section 69. Section 58-20b-102 is amended to read:
3530          58-20b-102. Definitions.
3531          In addition to the definitions in Section 58-1-102, as used in this chapter:
3532          (1) "Accredited program" means a degree-offering program from:
3533          (a) an institution, college, or university that is accredited by the Department of
3534     Education or the Council for Higher Education Accreditation; or
3535          (b) a non-accredited institution, college, or university that offers education equivalent
3536     to Department of Education-accredited programs, as determined by a third party selected by the
3537     board.
3538          (2) "Board" means the Environmental Health Scientist Board created in Section
3539     58-20b-201.
3540          (3) "General supervision" means the supervising environmental health scientist is
3541     available for immediate voice communication with the person he or she is supervising.
3542          (4) "Practice of environmental health science" means:
3543          (a) the enforcement of, the issuance of permits required by, or the inspection for the
3544     purpose of enforcing state and local public health laws in the following areas:
3545          (i) air quality;
3546          (ii) food [quality] safety;
3547          (iii) solid, hazardous, and toxic substances disposal;
3548          (iv) consumer product safety;
3549          (v) housing;
3550          (vi) noise control;
3551          (vii) radiation protection;
3552          (viii) water quality;
3553          (ix) vector control;
3554          (x) drinking water quality;
3555          (xi) milk sanitation;

3556          (xii) rabies control;
3557          (xiii) public health nuisances;
3558          (xiv) indoor clean air regulations;
3559          (xv) institutional and residential sanitation; or
3560          (xvi) recreational facilities sanitation; or
3561          (b) representing oneself in any manner as, or using the titles "environmental health
3562     scientist," "environmental health scientist-in-training," or "registered sanitarian."
3563          (5) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
3564          (6) "Unprofessional conduct" means the same as that term is defined in Sections
3565     58-1-501 and 58-20b-501 and as may be further defined by division rule.
3566          Section 70. Section 58-22-102 is amended to read:
3567          58-22-102. Definitions.
3568          In addition to the definitions in Section 58-1-102, as used in this chapter:
3569          (1) "Board" means the Professional Engineers and Professional Land Surveyors
3570     Licensing Board created in Section 58-22-201.
3571          (2) "Building" means a structure which has human occupancy or habitation as its
3572     principal purpose, and includes the structural, mechanical, and electrical systems, utility
3573     services, and other facilities required for the building, and is otherwise governed by the State
3574     Construction Code or an approved code under Title 15A, State Construction and Fire Codes
3575     Act.
3576          (3) "Complete construction plans" means a final set of plans, specifications, and reports
3577     for a building or structure that normally includes:
3578          (a) floor plans;
3579          (b) elevations;
3580          (c) site plans;
3581          (d) foundation, structural, and framing detail;
3582          (e) electrical, mechanical, and plumbing design;
3583          (f) information required by the energy code;
3584          (g) specifications and related calculations as appropriate; and
3585          (h) all other documents required to obtain a building permit.
3586          (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation

3587     Board for Engineering and Technology.
3588          (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
3589     Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
3590          (6) "NCEES" means the National Council of Examiners for Engineering and
3591     Surveying.
3592          (7) "Principal" means a licensed professional engineer, professional structural engineer,
3593     or professional land surveyor having responsible charge of an organization's professional
3594     engineering, professional structural engineering, or professional land surveying practice.
3595          (8) "Professional engineer" means a person licensed under this chapter as a
3596     professional engineer.
3597          (9) (a) "Professional engineering," "the practice of engineering," or "the practice of
3598     professional engineering" means a service or creative work, the adequate performance of which
3599     requires engineering education, training, and experience in the application of special
3600     knowledge of the mathematical, physical, and engineering sciences to the service or creative
3601     work as consultation, investigation, evaluation, planning, design, and design coordination of
3602     engineering works and systems, planning the use of land and water, facility programming,
3603     performing engineering surveys and studies, and the review of construction for the purpose of
3604     monitoring compliance with drawings and specifications; any of which embraces these services
3605     or work, either public or private, in connection with any utilities, structures, buildings,
3606     machines, equipment, processes, work systems, projects, and industrial or consumer products
3607     or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and
3608     including other professional services as may be necessary to the planning, progress, and
3609     completion of any engineering services.
3610          (b) "The practice of professional engineering" does not include the practice of
3611     architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform
3612     architecture work as is incidental to the practice of engineering.
3613          (10) "Professional engineering intern" means a person who:
3614          (a) has completed the education requirements to become a professional engineer;
3615          (b) has passed the fundamentals of engineering examination; and
3616          (c) is engaged in obtaining the four years of qualifying experience for licensure under
3617     the [direct] supervision of a licensed professional engineer.

3618          (11) "Professional land surveying" or "the practice of land surveying" means a service
3619     or work, the adequate performance of which requires the application of special knowledge of
3620     the principles of mathematics, the related physical and applied sciences, and the relevant
3621     requirements of law for adequate evidence to the act of measuring and locating lines, angles,
3622     elevations, natural and man-made features in the air, on the surface of the earth, within
3623     underground workings, and on the beds of bodies of water for the purpose of determining areas
3624     and volumes, for the monumenting or locating of property boundaries or points controlling
3625     boundaries, and for the platting and layout of lands and subdivisions of lands, including the
3626     topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
3627     record plats, field notes records, and property descriptions that represent these surveys and
3628     other duties as sound surveying practices could direct.
3629          (12) "Professional land surveyor" means an individual licensed under this chapter as a
3630     professional land surveyor.
3631          (13) "Professional structural engineer" means a person licensed under this chapter as a
3632     professional structural engineer.
3633          (14) (a) "Professional structural engineering" or "the practice of structural engineering"
3634     means a service or creative work providing structural engineering services for significant
3635     structures, including:
3636          (i) buildings and other structures representing a substantial hazard to human life, which
3637     include:
3638          (A) buildings and other structures whose primary occupancy is public assembly with an
3639     occupant load greater than 300;
3640          (B) buildings and other structures with elementary school, secondary school, or day
3641     care facilities with an occupant load greater than 250;
3642          (C) buildings and other structures with an occupant load greater than 500 for colleges
3643     or adult education facilities;
3644          (D) health care facilities with an occupant load of 50 or more resident patients, but not
3645     having surgery or emergency treatment facilities;
3646          (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
3647          (F) buildings and other structures with an occupant load greater than 5,000;
3648          (ii) buildings and other structures designated as essential facilities, including:

3649          (A) hospitals and other health care facilities having surgery or emergency treatment
3650     facilities with a gross area greater than 3,000 square feet;
3651          (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
3652     greater than 24 feet or a gross area greater than 5,000 square feet;
3653          (C) designated earthquake, hurricane, or other emergency shelters with a gross area
3654     greater than 3,000 square feet;
3655          (D) designated emergency preparedness, communication, and operation centers and
3656     other buildings required for emergency response with a mean height more than 24 feet or a
3657     gross area greater than 5,000 square feet;
3658          (E) power-generating stations and other public utility facilities required as emergency
3659     backup facilities with a gross area greater than 3,000 square feet;
3660          (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
3661     square feet containing highly toxic materials as defined by the division by rule, where the
3662     quantity of the material exceeds the maximum allowable quantities set by the division by rule;
3663     and
3664          (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
3665     at commercial service and cargo air services airports as defined by the Federal Aviation
3666     Administration with a mean height greater than 35 feet or a gross area greater than 20,000
3667     square feet; and
3668          (iii) buildings and other structures requiring special consideration, including:
3669          (A) structures or buildings that are normally occupied by human beings and are five
3670     stories or more in height;
3671          (B) structures or buildings that are normally occupied by human beings and have an
3672     average roof height more than 60 feet above the average ground level measured at the
3673     perimeter of the structure; and
3674          (C) buildings that are over 200,000 aggregate gross square feet in area.
3675          (b) "Professional structural engineering" or "the practice of structural engineering":
3676          (i) includes the definition of professional engineering or the practice of professional
3677     engineering as provided in Subsection (9); and
3678          (ii) may be further defined by rules made by the division in collaboration with the
3679     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

3680          (15) "Structure" means that which is built or constructed, an edifice or building of any
3681     kind, or a piece of work artificially built up or composed of parts joined together in a definite
3682     manner, and as otherwise governed by the State Construction Code or an approved code under
3683     Title 15A, State Construction and Fire Codes Act.
3684          (16) "Supervision [of an employee, subordinate, associate, or drafter of a licensee]"
3685     means that a licensed professional engineer, professional structural engineer, or professional
3686     land surveyor is responsible for and personally reviews, corrects when necessary, and approves
3687     work performed by an employee, subordinate, associate, or drafter under the direction of the
3688     licensee, and may be further defined by rule by the division in collaboration with the board.
3689          (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
3690     Board for Engineering and Technology.
3691          (18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
3692     and 58-22-501.
3693          (19) "Unprofessional conduct" means the same as that term is defined in Sections
3694     58-1-501 and 58-22-502.5 .
3695          Section 71. Section 58-28-304 is amended to read:
3696          58-28-304. Temporary license -- License reciprocity.
3697          (1) The division may issue a temporary license to practice veterinary medicine, surgery,
3698     and dentistry to any person not qualified for licensure under [Subsection (4)] Section 58-1-302
3699     who meets all requirements of Section 58-28-302 with the exception of Subsections
3700     58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date
3701     examination results are available for the examination next following the date of the issuance of
3702     the temporary license.
3703          (2) The temporary license shall permit the holder to practice under the indirect
3704     supervision of a veterinarian licensed to practice in this state.
3705          (3) The division may extend the expiration date of the temporary license until the
3706     following examination date if:
3707          (a) the applicant shows to the board good cause for failing to take or pass the
3708     examination; and
3709          (b) the majority of the board members recommend the extension.
3710          [(4) Upon the recommendation of the board, the division may issue a license without

3711     examination to a person who:]
3712          [(a) has been licensed or registered to practice veterinary medicine, surgery, and
3713     dentistry in any state, district, or territory of the United States or in any foreign country, whose
3714     educational, examination, and experience requirements are or were at the time the license was
3715     issued equal to those of this state;]
3716          [(b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
3717     licensed by another jurisdiction for at least two years;]
3718          [(c) obtained the license in another jurisdiction after passing an examination
3719     component acceptable to the division and the board;]
3720          [(d) produces satisfactory evidence of having practiced veterinary medicine
3721     competently and in accordance with the standards and ethics of the profession while practicing
3722     in another jurisdiction; and]
3723          [(e) produces satisfactory evidence of identity and good moral character as it relates to
3724     the applicant's functions and practice as a licensed veterinarian.]
3725          Section 72. Section 58-28-503 is amended to read:
3726          58-28-503. Penalty for unlawful or unprofessional conduct.
3727          (1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is
3728     guilty of a third degree felony.
3729          (2) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act,
3730     and Chapter 1, Division of [Occupational and] Professional Licensing Act, the division may
3731     impose administrative penalties of up to $10,000 for acts of unprofessional conduct or
3732     unlawful conduct under this chapter.
3733          (3) Assessment of a penalty under this section does not affect any other action the
3734     division is authorized to take regarding a license issued under this chapter.
3735          (4) (a) The director may collect a penalty that is not paid by:
3736          (i) referring the matter to a collection agency; or
3737          (ii) bringing an action in the district court of the county where the person against whom
3738     the penalty is imposed resides or in the county where the office of the director is located.
3739          (b) A county attorney or the attorney general of the state shall provide legal assistance
3740     and advice to the director in an action to collect a penalty.
3741          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an

3742     action brought by the division to collect a penalty.
3743          Section 73. Section 58-31b-303 is amended to read:
3744          58-31b-303. Qualifications for licensure -- Graduates of nonapproved nursing
3745     programs.
3746          An applicant for licensure as a practical nurse or registered nurse who is a graduate of a
3747     nursing education program not approved by the division in collaboration with the board must
3748     comply with the requirements of this section.
3749          (1) An applicant for licensure as a licensed practical nurse shall:
3750          (a) meet all requirements of Subsection 58-31b-302(2), except Subsection
3751     58-31b-302(2)(e); and
3752          (b) produce evidence acceptable to the division and the board that the nursing
3753     education program completed by the applicant is equivalent to the minimum standards
3754     established by the division in collaboration with the board for an approved licensed practical
3755     nursing education program.
3756          (2) An applicant for licensure as a registered nurse shall:
3757          (a) meet all requirements of Subsection 58-31b-302(3), except Subsection
3758     58-31b-302(3)(e); and
3759          (b) (i) pass the Commission on Graduates of Foreign Nursing Schools (CGFNS)
3760     Examination; or
3761          (ii) produce evidence acceptable to the division and the board that the applicant is
3762     currently licensed as a registered nurse in one of the states, territories, or the District of
3763     Columbia of the United States or in Canada and has passed the NCLEX-RN examination in
3764     English.
3765          Section 74. Section 58-31b-503 is amended to read:
3766          58-31b-503. Penalties and administrative actions for unlawful conduct and
3767     unprofessional conduct.
3768          (1) Any person who violates the unlawful conduct provision specifically defined in
3769     Subsection 58-1-501(1)(a) is guilty of a third degree felony.
3770          (2) Any person who violates any of the unlawful conduct provisions specifically
3771     defined in Subsections 58-1-501(1)(b) through (f) and 58-31b-501(1)(d) is guilty of a class A
3772     misdemeanor.

3773          (3) Any person who violates any of the unlawful conduct provisions specifically
3774     defined in this chapter and not set forth in Subsection (1) or (2) is guilty of a class B
3775     misdemeanor.
3776          (4) (a) Subject to Subsection (6) and in accordance with Section 58-31b-401, for acts
3777     of unprofessional or unlawful conduct, the division may:
3778          (i) assess administrative penalties; and
3779          (ii) take any other appropriate administrative action.
3780          (b) An administrative penalty imposed pursuant to this section shall be deposited [in]
3781     into the "Nurse Education and Enforcement Account" as provided in Section 58-31b-103.
3782          (5) If a licensee has been convicted of violating Section 58-31b-501 prior to an
3783     administrative finding of a violation of the same section, the licensee may not be assessed an
3784     administrative fine under this chapter for the same offense for which the conviction was
3785     obtained.
3786          (6) (a) If upon inspection or investigation, the division concludes that a person has
3787     violated the provisions of Section 58-31b-401, 58-31b-501, or 58-31b-502, Chapter 1, Division
3788     of [Occupational and] Professional Licensing Act, Chapter 37, Utah Controlled Substances
3789     Act, or any rule or order issued with respect to these provisions, and that disciplinary action is
3790     appropriate, the director or the director's designee from within the division shall:
3791          (i) promptly issue a citation to the person according to this chapter and any pertinent
3792     administrative rules;
3793          (ii) attempt to negotiate a stipulated settlement; or
3794          (iii) notify the person to appear before an adjudicative proceeding conducted under
3795     Title 63G, Chapter 4, Administrative Procedures Act.
3796          (b) Any person who is in violation of a provision described in Subsection (6)(a), as
3797     evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an
3798     adjudicative proceeding may be assessed a fine:
3799          (i) pursuant to this Subsection (6) of up to $10,000 per single violation or up to $2,000
3800     per day of ongoing violation, whichever is greater, in accordance with a fine schedule
3801     established by rule; and
3802          (ii) in addition to or in lieu of the fine imposed under Subsection (6)(b)(i), be ordered
3803     to cease and desist from violating a provision of Sections 58-31b-501 and 58-31b-502, Chapter

3804     1, Division of [Occupational and] Professional Licensing Act, Chapter 37, Utah Controlled
3805     Substances Act, or any rule or order issued with respect to those provisions.
3806          (c) Except for an administrative fine and a cease and desist order, the licensure
3807     sanctions cited in Section 58-31b-401 may not be assessed through a citation.
3808          (d) Each citation issued under this section shall:
3809          (i) be in writing; and
3810          (ii) clearly describe or explain:
3811          (A) the nature of the violation, including a reference to the provision of the chapter,
3812     rule, or order alleged to have been violated;
3813          (B) that the recipient must notify the division in writing within 20 calendar days of
3814     service of the citation in order to contest the citation at a hearing conducted under Title 63G,
3815     Chapter 4, Administrative Procedures Act; and
3816          (C) the consequences of failure to timely contest the citation or to make payment of
3817     any fines assessed by the citation within the time specified in the citation; and
3818          (iii) be served upon any person upon whom a summons may be served:
3819          (A) in accordance with the Utah Rules of Civil Procedure;
3820          (B) personally or upon the person's agent by a division investigator or by any person
3821     specially designated by the director; or
3822          (C) by mail.
3823          (e) If within 20 calendar days from the service of a citation, the person to whom the
3824     citation was issued fails to request a hearing to contest the citation, the citation becomes the
3825     final order of the division and is not subject to further agency review. The period to contest the
3826     citation may be extended by the division for cause.
3827          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
3828     the license of a licensee who fails to comply with the citation after it becomes final.
3829          (g) The failure of an applicant for licensure to comply with a citation after it becomes
3830     final is a ground for denial of license.
3831          (h) No citation may be issued under this section after the expiration of one year
3832     following the date on which the violation that is the subject of the citation is reported to the
3833     division.
3834          (7) (a) The director may collect a penalty that is not paid by:

3835          (i) referring the matter to a collection agency; or
3836          (ii) bringing an action in the district court of the county where the person against whom
3837     the penalty is imposed resides or in the county where the office of the director is located.
3838          (b) A county attorney or the attorney general of the state shall provide legal assistance
3839     and advice to the director in an action to collect a penalty.
3840          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3841     action brought by the division to collect a penalty.
3842          Section 75. Section 58-37-2 is amended to read:
3843          58-37-2. Definitions.
3844          (1) As used in this chapter:
3845          (a) "Administer" means the direct application of a controlled substance, whether by
3846     injection, inhalation, ingestion, or any other means, to the body of a patient or research subject
3847     by:
3848          (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent;
3849     or
3850          (ii) the patient or research subject at the direction and in the presence of the
3851     practitioner.
3852          (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
3853     manufacturer, distributor, or practitioner but does not include a motor carrier, public
3854     warehouseman, or employee of any of them.
3855          (c) "Consumption" means ingesting or having any measurable amount of a controlled
3856     substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a
3857     controlled substance.
3858          (d) "Continuing criminal enterprise" means any individual, sole proprietorship,
3859     partnership, corporation, business trust, association, or other legal entity, and any union or
3860     groups of individuals associated in fact although not a legal entity, and includes illicit as well
3861     as licit entities created or maintained for the purpose of engaging in conduct which constitutes
3862     the commission of episodes of activity made unlawful by Title 58, Chapter 37, Utah Controlled
3863     Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
3864     Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
3865     Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar

3866     purposes, results, participants, victims, methods of commission, or otherwise are interrelated
3867     by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing
3868     unlawful conduct and be related either to each other or to the enterprise.
3869          (e) "Control" means to add, remove, or change the placement of a drug, substance, or
3870     immediate precursor under Section 58-37-3.
3871          (f) (i) "Controlled substance" means a drug or substance:
3872          (A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
3873          (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act,
3874     Title II, P.L. 91-513;
3875          (C) that is a controlled substance analog; or
3876          (D) listed in Section 58-37-4.2.
3877          (ii) "Controlled substance" does not include:
3878          (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B,
3879     Alcoholic Beverage Control Act;
3880          (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
3881     prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine,
3882     norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
3883     transferred, or furnished as an over-the-counter medication without prescription; or
3884          (C) dietary supplements, vitamins, minerals, herbs, or other similar substances
3885     including concentrates or extracts, which:
3886          (I) are not otherwise regulated by law; and
3887          (II) may contain naturally occurring amounts of chemical or substances listed in this
3888     chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
3889     Act.
3890          (g) (i) "Controlled substance analog" means:
3891          (A) a substance the chemical structure of which is substantially similar to the chemical
3892     structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance
3893     listed in Section 58-37-4.2, or in Schedules I and II of the federal Controlled Substances Act,
3894     Title II, P.L. 91-513;
3895          (B) a substance which has a stimulant, depressant, or hallucinogenic effect on the
3896     central nervous system substantially similar to the stimulant, depressant, or hallucinogenic

3897     effect on the central nervous system of controlled substances listed in Schedules I and II of
3898     Section 58-37-4, substances listed in Section 58-37-4.2, or substances listed in Schedules I and
3899     II of the federal Controlled Substances Act, Title II, P.L. 91-513; or
3900          (C) A substance which, with respect to a particular individual, is represented or
3901     intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system
3902     substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
3903     nervous system of controlled substances listed in Schedules I and II of Section 58-37-4,
3904     substances listed in Section 58-37-4.2, or substances listed in Schedules I and II of the federal
3905     Controlled Substances Act, Title II, P.L. 91-513.
3906          (ii) "Controlled substance analog" does not include:
3907          (A) a controlled substance currently scheduled in Schedules I through V of Section
3908     58-37-4;
3909          (B) a substance for which there is an approved new drug application;
3910          (C) a substance with respect to which an exemption is in effect for investigational use
3911     by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355,
3912     to the extent the conduct with respect to the substance is permitted by the exemption;
3913          (D) any substance to the extent not intended for human consumption before an
3914     exemption takes effect with respect to the substance;
3915          (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
3916     prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
3917     norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold,
3918     transferred, or furnished as an over-the-counter medication without prescription; or
3919          (F) dietary supplements, vitamins, minerals, herbs, or other similar substances
3920     including concentrates or extracts, which are not otherwise regulated by law, which may
3921     contain naturally occurring amounts of chemical or substances listed in this chapter, or in rules
3922     adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3923          (h) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench,
3924     or plea, whether guilty or no contest, for any offense proscribed by:
3925          (A) Chapter 37, Utah Controlled Substances Act;
3926          (B) Chapter 37a, Utah Drug Paraphernalia Act;
3927          (C) Chapter 37b, Imitation Controlled Substances Act;

3928          (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
3929          (E) Chapter 37d, Clandestine Drug Lab Act; or
3930          (ii) for any offense under the laws of the United States and any other state which, if
3931     committed in this state, would be an offense under:
3932          (A) Chapter 37, Utah Controlled Substances Act;
3933          (B) Chapter 37a, Utah Drug Paraphernalia Act;
3934          (C) Chapter 37b, Imitation Controlled Substances Act;
3935          (D) Chapter 37c, Utah Controlled Substance Precursor Act; or
3936          (E) Chapter 37d, Clandestine Drug Lab Act.
3937          (i) "Counterfeit substance" means:
3938          (i) any controlled substance or container or labeling of any controlled substance that:
3939          (A) without authorization bears the trademark, trade name, or other identifying mark,
3940     imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser
3941     other than the person or persons who in fact manufactured, distributed, or dispensed the
3942     substance which falsely purports to be a controlled substance distributed by any other
3943     manufacturer, distributor, or dispenser; and
3944          (B) a reasonable person would believe to be a controlled substance distributed by an
3945     authorized manufacturer, distributor, or dispenser based on the appearance of the substance as
3946     described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled
3947     substance; or
3948          (ii) any substance other than under Subsection (1)(i)(i) that:
3949          (A) is falsely represented to be any legally or illegally manufactured controlled
3950     substance; and
3951          (B) a reasonable person would believe to be a legal or illegal controlled substance.
3952          (j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
3953     controlled substance or a listed chemical, whether or not an agency relationship exists.
3954          (k) "Department" means the Department of Commerce.
3955          (l) "Depressant or stimulant substance" means:
3956          (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
3957     acid;
3958          (ii) a drug which contains any quantity of:

3959          (A) amphetamine or any of its optical isomers;
3960          (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
3961          (C) any substance which the Secretary of Health and Human Services or the Attorney
3962     General of the United States after investigation has found and by regulation designated
3963     habit-forming because of its stimulant effect on the central nervous system;
3964          (iii) lysergic acid diethylamide; or
3965          (iv) any drug which contains any quantity of a substance which the Secretary of Health
3966     and Human Services or the Attorney General of the United States after investigation has found
3967     to have, and by regulation designated as having, a potential for abuse because of its depressant
3968     or stimulant effect on the central nervous system or its hallucinogenic effect.
3969          (m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
3970     ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
3971     distributing to, leaving with, giving away, or disposing of that substance as well as the
3972     packaging, labeling, or compounding necessary to prepare the substance for delivery.
3973          (n) "Dispenser" means a pharmacist who dispenses a controlled substance.
3974          (o) "Distribute" means to deliver other than by administering or dispensing a controlled
3975     substance or a listed chemical.
3976          (p) "Distributor" means a person who distributes controlled substances.
3977          (q) "Division" means the Division of [Occupational and] Professional Licensing
3978     created in Section 58-1-103.
3979          (r) (i) "Drug" means:
3980          (A) a substance recognized in the official United States Pharmacopoeia, Official
3981     Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
3982     supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
3983     prevention of disease in humans or animals;
3984          (B) a substance that is required by any applicable federal or state law or rule to be
3985     dispensed by prescription only or is restricted to administration by practitioners only;
3986          (C) a substance other than food intended to affect the structure or any function of the
3987     body of humans or other animals; and
3988          (D) substances intended for use as a component of any substance specified in
3989     Subsections (1)(r)(i)(A), (B), and (C).

3990          (ii) "Drug" does not include dietary supplements.
3991          (s) "Drug dependent person" means any individual who unlawfully and habitually uses
3992     any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
3993     dependent upon the use of controlled substances as to have lost the power of self-control with
3994     reference to the individual's dependency.
3995          (t) "Food" means:
3996          (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
3997     specified in this chapter, and normally ingested by human beings; and
3998          (ii) foods for special dietary uses as exist by reason of a physical, physiological,
3999     pathological, or other condition including but not limited to the conditions of disease,
4000     convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
4001     overweight; uses for supplying a particular dietary need which exist by reason of age including
4002     but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
4003     fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for
4004     use of a food. Any particular use of a food is a special dietary use regardless of the nutritional
4005     purposes.
4006          (u) "Immediate precursor" means a substance which the Attorney General of the United
4007     States has found to be, and by regulation designated as being, the principal compound used or
4008     produced primarily for use in the manufacture of a controlled substance, or which is an
4009     immediate chemical intermediary used or likely to be used in the manufacture of a controlled
4010     substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
4011     controlled substance.
4012          (v) "Indian" means a member of an Indian tribe.
4013          (w) "Indian religion" means any religion:
4014          (i) the origin and interpretation of which is from within a traditional Indian culture or
4015     community; and
4016          (ii) which is practiced by Indians.
4017          (x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
4018     community of Indians, including any Alaska Native village, which is legally recognized as
4019     eligible for and is consistent with the special programs, services, and entitlements provided by
4020     the United States to Indians because of their status as Indians.

4021          (y) "Manufacture" means the production, preparation, propagation, compounding, or
4022     processing of a controlled substance, either directly or indirectly by extraction from substances
4023     of natural origin, or independently by means of chemical synthesis or by a combination of
4024     extraction and chemical synthesis.
4025          (z) "Manufacturer" includes any person who packages, repackages, or labels any
4026     container of any controlled substance, except pharmacists who dispense or compound
4027     prescription orders for delivery to the ultimate consumer.
4028          (aa) (i) "Marijuana" means all species of the genus cannabis and all parts of the genus,
4029     whether growing or not, including:
4030          (A) seeds;
4031          (B) resin extracted from any part of the plant, including the resin extracted from the
4032     mature stalks;
4033          (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant,
4034     seeds, or resin; and
4035          (D) any synthetic equivalents of the substances contained in the plant cannabis sativa
4036     or any other species of the genus cannabis which are chemically indistinguishable and
4037     pharmacologically active.
4038          (ii) "Marijuana" does not include:
4039          (A) the mature stalks of the plant;
4040          (B) fiber produced from the stalks;
4041          (C) oil or cake made from the seeds of the plant;
4042          (D) except as provided in Subsection (1)(aa)(i), any other compound, manufacture,
4043     salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake;
4044          (E) the sterilized seed of the plant which is incapable of germination; or
4045          (F) any compound, mixture, or preparation approved by the federal Food and Drug
4046     Administration under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
4047     that is not listed in a schedule of controlled substances in Section 58-27-4 or in the federal
4048     Controlled Substances Act, Title II, P.L. 91-513.
4049          (bb) "Money" means officially issued coin and currency of the United States or any
4050     foreign country.
4051          (cc) "Narcotic drug" means any of the following, whether produced directly or

4052     indirectly by extraction from substances of vegetable origin, or independently by means of
4053     chemical synthesis, or by a combination of extraction and chemical synthesis:
4054          (i) opium, coca leaves, and opiates;
4055          (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
4056     opiates;
4057          (iii) opium poppy and poppy straw; or
4058          (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
4059     substance, which is chemically identical with any of the substances referred to in Subsection
4060     (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or
4061     extracts of coca leaves which do not contain cocaine or ecgonine.
4062          (dd) "Negotiable instrument" means documents, containing an unconditional promise
4063     to pay a sum of money, which are legally transferable to another party by endorsement or
4064     delivery.
4065          (ee) "Opiate" means any drug or other substance having an addiction-forming or
4066     addiction-sustaining liability similar to morphine or being capable of conversion into a drug
4067     having addiction-forming or addiction-sustaining liability.
4068          (ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
4069     seeds of the plant.
4070          (gg) "Person" means any corporation, association, partnership, trust, other institution or
4071     entity or one or more individuals.
4072          (hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
4073     mowing.
4074          (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
4075     holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
4076     or consumption, as distinguished from distribution, of controlled substances and includes
4077     individual, joint, or group possession or use of controlled substances. For a person to be a
4078     possessor or user of a controlled substance, it is not required that the person be shown to have
4079     individually possessed, used, or controlled the substance, but it is sufficient if it is shown that
4080     the person jointly participated with one or more persons in the use, possession, or control of
4081     any substances with knowledge that the activity was occurring, or the controlled substance is
4082     found in a place or under circumstances indicating that the person had the ability and the intent

4083     to exercise dominion and control over it.
4084          (jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
4085     pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or
4086     otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use
4087     in teaching or chemical analysis a controlled substance in the course of professional practice or
4088     research in this state.
4089          (kk) "Prescribe" means to issue a prescription:
4090          (i) orally or in writing; or
4091          (ii) by telephone, facsimile transmission, computer, or other electronic means of
4092     communication as defined by division rule.
4093          (ll) "Prescription" means an order issued:
4094          (i) by a licensed practitioner, in the course of that practitioner's professional practice or
4095     by collaborative pharmacy practice agreement; and
4096          (ii) for a controlled substance or other prescription drug or device for use by a patient
4097     or an animal.
4098          (mm) "Production" means the manufacture, planting, cultivation, growing, or
4099     harvesting of a controlled substance.
4100          (nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
4101     property.
4102          (oo) "State" means the state of Utah.
4103          (pp) "Ultimate user" means any person who lawfully possesses a controlled substance
4104     for the person's own use, for the use of a member of the person's household, or for
4105     administration to an animal owned by the person or a member of the person's household.
4106          (2) If a term used in this chapter is not defined, the definition and terms of Title 76,
4107     Utah Criminal Code, shall apply.
4108          Section 76. Section 58-37-6 is amended to read:
4109          58-37-6. License to manufacture, produce, distribute, dispense, administer, or
4110     conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
4111     required -- Prescriptions.
4112          (1) (a) The division may adopt rules relating to the licensing and control of the
4113     manufacture, distribution, production, prescription, administration, dispensing, conducting of

4114     research with, and performing of laboratory analysis upon controlled substances within this
4115     state.
4116          (b) The division may assess reasonable fees to defray the cost of issuing original and
4117     renewal licenses under this chapter pursuant to Section 63J-1-504.
4118          (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
4119     administers, conducts research with, or performs laboratory analysis upon any controlled
4120     substance in Schedules I through V within this state, or who proposes to engage in
4121     manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
4122     research with, or performing laboratory analysis upon controlled substances included in
4123     Schedules I through V within this state shall obtain a license issued by the division.
4124          (ii) The division shall issue each license under this chapter in accordance with a
4125     two-year renewal cycle established by rule. The division may by rule extend or shorten a
4126     renewal period by as much as one year to stagger the renewal cycles it administers.
4127          (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
4128     administer, conduct research with, or perform laboratory analysis upon controlled substances in
4129     Schedules I through V within this state may possess, manufacture, produce, distribute,
4130     prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
4131     those substances to the extent authorized by their license and in conformity with this chapter.
4132          (c) The following persons are not required to obtain a license and may lawfully possess
4133     controlled substances included in Schedules II through V under this section:
4134          (i) an agent or employee, except a sales representative, of any registered manufacturer,
4135     distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
4136     usual course of the agent or employee's business or employment; however, nothing in this
4137     subsection shall be interpreted to permit an agent, employee, sales representative, or detail man
4138     to maintain an inventory of controlled substances separate from the location of the person's
4139     employer's registered and licensed place of business;
4140          (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
4141     warehouseman, who possesses a controlled substance in the usual course of the person's
4142     business or employment; and
4143          (iii) an ultimate user, or a person who possesses any controlled substance pursuant to a
4144     lawful order of a practitioner.

4145          (d) The division may enact rules waiving the license requirement for certain
4146     manufacturers, producers, distributors, prescribers, dispensers, administrators, research
4147     practitioners, or laboratories performing analysis if waiving the license requirement is
4148     consistent with public health and safety.
4149          (e) A separate license is required at each principal place of business or professional
4150     practice where the applicant manufactures, produces, distributes, dispenses, conducts research
4151     with, or performs laboratory analysis upon controlled substances.
4152          (f) The division may enact rules providing for the inspection of a licensee or applicant's
4153     establishment, and may inspect the establishment according to those rules.
4154          (3) (a) (i) Upon proper application, the division shall license a qualified applicant to
4155     manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
4156     controlled substances included in Schedules I through V, unless it determines that issuance of a
4157     license is inconsistent with the public interest.
4158          (ii) The division may not issue a license to any person to prescribe, dispense, or
4159     administer a Schedule I controlled substance except under Subsection (3)(a)(i).
4160          (iii) In determining public interest under this Subsection (3)(a), the division shall
4161     consider whether the applicant has:
4162          (A) maintained effective controls against diversion of controlled substances and any
4163     Schedule I or II substance compounded from any controlled substance into channels other than
4164     legitimate medical, scientific, or industrial channels;
4165          (B) complied with applicable state and local law;
4166          (C) been convicted under federal or state laws relating to the manufacture, distribution,
4167     or dispensing of substances;
4168          (D) past experience in the manufacture of controlled dangerous substances;
4169          (E) established effective controls against diversion; and
4170          (F) complied with any other factors that the division establishes that promote the public
4171     health and safety.
4172          (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
4173     produce, distribute, conduct research with, or perform laboratory analysis upon controlled
4174     substances in Schedule I other than those specified in the license.
4175          (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with

4176     substances in Schedules II through V if they are authorized to administer, dispense, or conduct
4177     research under the laws of this state.
4178          (ii) The division need not require a separate license for practitioners engaging in
4179     research with nonnarcotic controlled substances in Schedules II through V where the licensee is
4180     already licensed under this chapter in another capacity.
4181          (iii) With respect to research involving narcotic substances in Schedules II through V,
4182     or where the division by rule requires a separate license for research of nonnarcotic substances
4183     in Schedules II through V, a practitioner shall apply to the division prior to conducting
4184     research.
4185          (iv) Licensing for purposes of bona fide research with controlled substances by a
4186     practitioner considered qualified may be denied only on a ground specified in Subsection (4),
4187     or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
4188     adequately the practitioner's supply of substances against diversion from medical or scientific
4189     use.
4190          (v) Practitioners registered under federal law to conduct research in Schedule I
4191     substances may conduct research in Schedule I substances within this state upon providing the
4192     division with evidence of federal registration.
4193          (d) Compliance by manufacturers, producers, and distributors with the provisions of
4194     federal law respecting registration, excluding fees, entitles them to be licensed under this
4195     chapter.
4196          (e) The division shall initially license those persons who own or operate an
4197     establishment engaged in the manufacture, production, distribution, dispensation, or
4198     administration of controlled substances prior to April 3, 1980, and who are licensed by the
4199     state.
4200          (4) (a) Any license issued pursuant to Subsection (2) or (3) may be denied, suspended,
4201     placed on probation, or revoked by the division upon finding that the applicant or licensee has:
4202          (i) materially falsified any application filed or required pursuant to this chapter;
4203          (ii) been convicted of an offense under this chapter or any law of the United States, or
4204     any state, relating to any substance defined as a controlled substance;
4205          (iii) been convicted of a felony under any other law of the United States or any state
4206     within five years of the date of the issuance of the license;

4207          (iv) had a federal registration or license denied, suspended, or revoked by competent
4208     federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
4209     controlled substances;
4210          (v) had the licensee's license suspended or revoked by competent authority of another
4211     state for violation of laws or regulations comparable to those of this state relating to the
4212     manufacture, distribution, or dispensing of controlled substances;
4213          (vi) violated any division rule that reflects adversely on the licensee's reliability and
4214     integrity with respect to controlled substances;
4215          (vii) refused inspection of records required to be maintained under this chapter by a
4216     person authorized to inspect them; or
4217          (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
4218     purpose of manipulating human hormonal structure so as to:
4219          (A) increase muscle mass, strength, or weight without medical necessity and without a
4220     written prescription by any practitioner in the course of the practitioner's professional practice;
4221     or
4222          (B) improve performance in any form of human exercise, sport, or game.
4223          (b) The division may limit revocation or suspension of a license to a particular
4224     controlled substance with respect to which grounds for revocation or suspension exist.
4225          (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
4226     this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
4227     [Occupational and] Professional Licensing Act, and conducted in conjunction with the
4228     appropriate representative committee designated by the director of the department.
4229          (ii) Nothing in this Subsection (4)(c) gives the Division of [Occupational and]
4230     Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
4231     except where the division is designated by law to perform those functions, or, when not
4232     designated by law, is designated by the executive director of the Department of Commerce to
4233     conduct the proceedings.
4234          (d) (i) The division may suspend any license simultaneously with the institution of
4235     proceedings under this section if it finds there is an imminent danger to the public health or
4236     safety.
4237          (ii) Suspension shall continue in effect until the conclusion of proceedings, including

4238     judicial review, unless withdrawn by the division or dissolved by a court of competent
4239     jurisdiction.
4240          (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
4241     substances owned or possessed by the licensee may be placed under seal in the discretion of the
4242     division.
4243          (ii) Disposition may not be made of substances under seal until the time for taking an
4244     appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
4245     orders the sale of perishable substances and the proceeds deposited with the court.
4246          (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
4247          (f) The division shall notify promptly the Drug Enforcement Administration of all
4248     orders suspending or revoking a license and all forfeitures of controlled substances.
4249          (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
4250     surrendered, or suspended, the division shall immediately suspend the individual's controlled
4251     substance license, which shall only be reinstated by the division upon reinstatement of the
4252     federal registration, unless the division has taken further administrative action under
4253     Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
4254     substance license.
4255          (5) (a) A person licensed under Subsection (2) or (3) shall maintain records and
4256     inventories in conformance with the record keeping and inventory requirements of federal and
4257     state law and any additional rules issued by the division.
4258          (b) (i) A physician, dentist, naturopathic physician, veterinarian, practitioner, or other
4259     individual who is authorized to administer or professionally use a controlled substance shall
4260     keep a record of the drugs received by the individual and a record of all drugs administered,
4261     dispensed, or professionally used by the individual otherwise than by a prescription.
4262          (ii) An individual using small quantities or solutions or other preparations of those
4263     drugs for local application has complied with this Subsection (5)(b) if the individual keeps a
4264     record of the quantity, character, and potency of those solutions or preparations purchased or
4265     prepared by the individual, and of the dates when purchased or prepared.
4266          (6) Controlled substances in Schedules I through V may be distributed only by a
4267     licensee and pursuant to an order form prepared in compliance with division rules or a lawful
4268     order under the rules and regulations of the United States.

4269          (7) (a) An individual may not write or authorize a prescription for a controlled
4270     substance unless the individual is:
4271          (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
4272     or under the laws of another state having similar standards; and
4273          (ii) licensed under this chapter or under the laws of another state having similar
4274     standards.
4275          (b) An individual other than a pharmacist licensed under the laws of this state, or the
4276     pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
4277     dispense a controlled substance.
4278          (c) (i) A controlled substance may not be dispensed without the written prescription of
4279     a practitioner, if the written prescription is required by the federal Controlled Substances Act.
4280          (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
4281     conformity with Subsection (7)(d).
4282          (iii) In emergency situations, as defined by division rule, controlled substances may be
4283     dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
4284     designated by the division and filed by the pharmacy.
4285          (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
4286     Subsection (7)(d).
4287          (d) Except for emergency situations designated by the division, an individual may not
4288     issue, fill, compound, or dispense a prescription for a controlled substance unless the
4289     prescription is signed by the prescriber in ink or indelible pencil or is signed with an electronic
4290     signature of the prescriber as authorized by division rule, and contains the following
4291     information:
4292          (i) the name, address, and registry number of the prescriber;
4293          (ii) the name, address, and age of the person to whom or for whom the prescription is
4294     issued;
4295          (iii) the date of issuance of the prescription; and
4296          (iv) the name, quantity, and specific directions for use by the ultimate user of the
4297     controlled substance.
4298          (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
4299     controlled substance unless:

4300          (i) the individual who writes the prescription is licensed under Subsection (2); and
4301          (ii) the prescribed controlled substance is to be used in research.
4302          (f) Except when administered directly to an ultimate user by a licensed practitioner,
4303     controlled substances are subject to the restrictions of this Subsection (7)(f).
4304          (i) A prescription for a Schedule II substance may not be refilled.
4305          (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
4306     one-month's supply, as directed on the daily dosage rate of the prescriptions.
4307          (iii) (A) A prescription for a Schedule II or Schedule III controlled substance that is an
4308     opiate and that is issued for an acute condition shall be completely or partially filled in a
4309     quantity not to exceed a seven-day supply as directed on the daily dosage rate of the
4310     prescription.
4311          (B) Subsection (7)(f)(iii)(A) does not apply to prescriptions issued for complex or
4312     chronic conditions which are documented as being complex or chronic in the medical record.
4313          (C) A pharmacist is not required to verify that a prescription is in compliance with
4314     Subsection (7)(f)(iii).
4315          (iv) A Schedule III or IV controlled substance may be filled only within six months of
4316     issuance, and may not be refilled more than six months after the date of its original issuance or
4317     be refilled more than five times after the date of the prescription unless renewed by the
4318     practitioner.
4319          (v) All other controlled substances in Schedule V may be refilled as the prescriber's
4320     prescription directs, but they may not be refilled one year after the date the prescription was
4321     issued unless renewed by the practitioner.
4322          (vi) Any prescription for a Schedule II substance may not be dispensed if it is not
4323     presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
4324     after the date the prescription was issued, or 30 days after the dispensing date, if that date is
4325     specified separately from the date of issue.
4326          (vii) A practitioner may issue more than one prescription at the same time for the same
4327     Schedule II controlled substance, but only under the following conditions:
4328          (A) no more than three prescriptions for the same Schedule II controlled substance may
4329     be issued at the same time;
4330          (B) no one prescription may exceed a 30-day supply; and

4331          (C) a second or third prescription shall include the date of issuance and the date for
4332     dispensing.
4333          (g) An order for a controlled substance in Schedules II through V for use by an
4334     inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
4335     Subsection (7) if the order is:
4336          (i) issued or made by a prescribing practitioner who holds an unrestricted registration
4337     with the federal Drug Enforcement Administration, and an active Utah controlled substance
4338     license in good standing issued by the division under this section, or a medical resident who is
4339     exempted from licensure under Subsection 58-1-307(1)(c);
4340          (ii) authorized by the prescribing practitioner treating the patient and the prescribing
4341     practitioner designates the quantity ordered;
4342          (iii) entered upon the record of the patient, the record is signed by the prescriber
4343     affirming the prescriber's authorization of the order within 48 hours after filling or
4344     administering the order, and the patient's record reflects the quantity actually administered; and
4345          (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
4346     the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
4347     the hospital and the amount taken from the supply is administered directly to the patient
4348     authorized to receive it.
4349          (h) A practitioner licensed under this chapter may not prescribe, administer, or
4350     dispense a controlled substance to a child, without first obtaining the consent required in
4351     Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except
4352     in cases of an emergency. For purposes of Subsection (7)(h), "child" has the same meaning as
4353     defined in Section 80-1-102, and "emergency" means any physical condition requiring the
4354     administration of a controlled substance for immediate relief of pain or suffering.
4355          (i) A practitioner licensed under this chapter may not prescribe or administer dosages
4356     of a controlled substance in excess of medically recognized quantities necessary to treat the
4357     ailment, malady, or condition of the ultimate user.
4358          (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
4359     any controlled substance to another person knowing that the other person is using a false name,
4360     address, or other personal information for the purpose of securing the controlled substance.
4361          (k) A person who is licensed under this chapter to manufacture, distribute, or dispense

4362     a controlled substance may not manufacture, distribute, or dispense a controlled substance to
4363     another licensee or any other authorized person not authorized by this license.
4364          (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
4365     symbol required by this chapter or by a rule issued under this chapter.
4366          (m) A person licensed under this chapter may not refuse or fail to make, keep, or
4367     furnish any record notification, order form, statement, invoice, or information required under
4368     this chapter.
4369          (n) A person licensed under this chapter may not refuse entry into any premises for
4370     inspection as authorized by this chapter.
4371          (o) A person licensed under this chapter may not furnish false or fraudulent material
4372     information in any application, report, or other document required to be kept by this chapter or
4373     willfully make any false statement in any prescription, order, report, or record required by this
4374     chapter.
4375          (8) (a) (i) Any person licensed under this chapter who is found by the division to have
4376     violated any of the provisions of Subsections (7)(k) through (o) or Subsection (10) is subject to
4377     a penalty not to exceed $5,000. The division shall determine the procedure for adjudication of
4378     any violations in accordance with Sections 58-1-106 and 58-1-108.
4379          (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) into the
4380     General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
4381          (iii) The director may collect a penalty that is not paid by:
4382          (A) referring the matter to a collection agency; or
4383          (B) bringing an action in the district court of the county where the person against
4384     whom the penalty is imposed resides or in the county where the office of the director is located.
4385          (iv) A county attorney or the attorney general of the state shall provide legal assistance
4386     and advice to the director in an action to collect a penalty.
4387          (v) A court shall award reasonable attorney fees and costs to the prevailing party in an
4388     action brought by the division to collect a penalty.
4389          (b) Any person who knowingly and intentionally violates Subsections (7)(h) through (j)
4390     or Subsection (10) is:
4391          (i) upon first conviction, guilty of a class B misdemeanor;
4392          (ii) upon second conviction, guilty of a class A misdemeanor; and

4393          (iii) on third or subsequent conviction, guilty of a third degree felony.
4394          (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
4395     (o) shall upon conviction be guilty of a third degree felony.
4396          (9) Any information communicated to any licensed practitioner in an attempt to
4397     unlawfully procure, or to procure the administration of, a controlled substance is not considered
4398     to be a privileged communication.
4399          (10) A person holding a valid license under this chapter who is engaged in medical
4400     research may produce, possess, administer, prescribe, or dispense a controlled substance for
4401     research purposes as licensed under Subsection (2) but may not otherwise prescribe or dispense
4402     a controlled substance listed in Section 58-37-4.2.
4403          (11) (a) As used in this Subsection (11):
4404          (i) "High risk prescription" means a prescription for an opiate or a benzodiazepine that
4405     is written to continue for longer than 30 consecutive days.
4406          (ii) "Database" means the controlled substance database created in Section 58-37f-201.
4407          (b) A practitioner who issues a high risk prescription to a patient shall, before issuing
4408     the high risk prescription to the patient, verify in the database that the patient does not have a
4409     high risk prescription from a different practitioner that is currently active.
4410          (c) If the database shows that the patient has received a high risk prescription that is
4411     currently active from a different practitioner, the practitioner may not issue a high risk
4412     prescription to the patient unless the practitioner:
4413          (i) contacts and consults with each practitioner who issued a high risk prescription that
4414     is currently active to the patient;
4415          (ii) documents in the patient's medical record that the practitioner made contact with
4416     each practitioner in accordance with Subsection (11)(c)(i); and
4417          (iii) documents in the patient's medical record the reason why the practitioner believes
4418     that the patient needs multiple high risk prescriptions from different practitioners.
4419          (d) A practitioner shall satisfy the requirement described in Subsection (11)(c) in a
4420     timely manner, which may be after the practitioner issues the high risk prescription to the
4421     patient.
4422          Section 77. Section 58-37-8 is amended to read:
4423          58-37-8. Prohibited acts -- Penalties.

4424          (1) Prohibited acts A -- Penalties and reporting:
4425          (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
4426     intentionally:
4427          (i) produce, manufacture, or dispense, or to possess with intent to produce,
4428     manufacture, or dispense, a controlled or counterfeit substance;
4429          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
4430     arrange to distribute a controlled or counterfeit substance;
4431          (iii) possess a controlled or counterfeit substance with intent to distribute; or
4432          (iv) engage in a continuing criminal enterprise where:
4433          (A) the person participates, directs, or engages in conduct that results in a violation of
4434     Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act,
4435     Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
4436     Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a felony; and
4437          (B) the violation is a part of a continuing series of two or more violations of Chapter
4438     37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
4439     Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act,
4440     or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are undertaken in concert
4441     with five or more persons with respect to whom the person occupies a position of organizer,
4442     supervisor, or any other position of management.
4443          (b) A person convicted of violating Subsection (1)(a) with respect to:
4444          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
4445     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
4446     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
4447     subsequent conviction is guilty of a first degree felony;
4448          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
4449     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
4450     upon a second or subsequent conviction is guilty of a second degree felony; or
4451          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
4452     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
4453     felony.
4454          (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may

4455     be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
4456     fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
4457     person or in the person's immediate possession during the commission or in furtherance of the
4458     offense, the court shall additionally sentence the person convicted for a term of one year to run
4459     consecutively and not concurrently; and the court may additionally sentence the person
4460     convicted for an indeterminate term not to exceed five years to run consecutively and not
4461     concurrently.
4462          (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
4463     felony punishable by imprisonment for an indeterminate term of not less than:
4464          (A) seven years and which may be for life; or
4465          (B) 15 years and which may be for life if the trier of fact determined that the defendant
4466     knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)
4467     was under 18 years old.
4468          (ii) Imposition or execution of the sentence may not be suspended, and the person is
4469     not eligible for probation.
4470          (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
4471     offense, was under 18 years old.
4472          (e) The Administrative Office of the Courts shall report to the Division of
4473     [Occupational and] Professional Licensing the name, case number, date of conviction, and if
4474     known, the date of birth of each person convicted of violating Subsection (1)(a).
4475          (2) Prohibited acts B -- Penalties and reporting:
4476          (a) It is unlawful:
4477          (i) for a person knowingly and intentionally to possess or use a controlled substance
4478     analog or a controlled substance, unless it was obtained under a valid prescription or order,
4479     directly from a practitioner while acting in the course of the person's professional practice, or as
4480     otherwise authorized by this chapter;
4481          (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
4482     vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
4483     by persons unlawfully possessing, using, or distributing controlled substances in any of those
4484     locations; or
4485          (iii) for a person knowingly and intentionally to possess an altered or forged

4486     prescription or written order for a controlled substance.
4487          (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
4488          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
4489     or
4490          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
4491     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
4492     conviction if each prior offense was committed within seven years before the date of the
4493     offense upon which the current conviction is based is guilty of a third degree felony.
4494          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
4495     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
4496     penalty than provided in this Subsection (2).
4497          (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
4498     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
4499     58-37-4.2, or marijuana, is guilty of a class B misdemeanor.
4500          (i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
4501     offense was committed within seven years before the date of the offense upon which the
4502     current conviction is based.
4503          (ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
4504     if each prior offense was committed within seven years before the date of the offense upon
4505     which the current conviction is based.
4506          (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
4507     boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
4508     public jail or other place of confinement shall be sentenced to a penalty one degree greater than
4509     provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
4510     listed in:
4511          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
4512     indeterminate term as provided by law, and:
4513          (A) the court shall additionally sentence the person convicted to a term of one year to
4514     run consecutively and not concurrently; and
4515          (B) the court may additionally sentence the person convicted for an indeterminate term
4516     not to exceed five years to run consecutively and not concurrently; and

4517          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
4518     indeterminate term as provided by law, and the court shall additionally sentence the person
4519     convicted to a term of six months to run consecutively and not concurrently.
4520          (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
4521          (i) on a first conviction, guilty of a class B misdemeanor;
4522          (ii) on a second conviction, guilty of a class A misdemeanor; and
4523          (iii) on a third or subsequent conviction, guilty of a third degree felony.
4524          (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
4525     amounting to a violation of Section 76-5-207:
4526          (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
4527     body any measurable amount of a controlled substance, except for
4528     11-nor-9-carboxy-tetrahydrocannabinol; and
4529          (ii) (A) if the controlled substance is not marijuana, operates a motor vehicle as defined
4530     in Section 76-5-207 in a negligent manner, causing serious bodily injury as defined in Section
4531     76-1-601 or the death of another; or
4532          (B) if the controlled substance is marijuana, operates a motor vehicle as defined in
4533     Section 76-5-207 in a criminally negligent manner, causing serious bodily injury as defined in
4534     Section 76-1-601 or the death of another.
4535          (h) A person who violates Subsection (2)(g) by having in the person's body:
4536          (i) a controlled substance classified under Schedule I, other than those described in
4537     Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
4538     degree felony;
4539          (ii) except as provided in Subsection (2)(g)(ii)(B), marijuana, tetrahydrocannabinols, or
4540     equivalents described in Subsection 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in
4541     Section 58-37-4.2 is guilty of a third degree felony; or
4542          (iii) a controlled substance classified under Schedules III, IV, or V is guilty of a class A
4543     misdemeanor.
4544          (i) A person is guilty of a separate offense for each victim suffering serious bodily
4545     injury or death as a result of the person's negligent driving in violation of Subsection(2)(g)
4546     whether or not the injuries arise from the same episode of driving.
4547          (j) The Administrative Office of the Courts shall report to the Division of

4548     [Occupational and] Professional Licensing the name, case number, date of conviction, and if
4549     known, the date of birth of each person convicted of violating Subsection (2)(a).
4550          (3) Prohibited acts C -- Penalties:
4551          (a) It is unlawful for a person knowingly and intentionally:
4552          (i) to use in the course of the manufacture or distribution of a controlled substance a
4553     license number which is fictitious, revoked, suspended, or issued to another person or, for the
4554     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
4555     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
4556     person;
4557          (ii) to acquire or obtain possession of, to procure or attempt to procure the
4558     administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
4559     attempting to acquire or obtain possession of, or to procure the administration of a controlled
4560     substance by misrepresentation or failure by the person to disclose receiving a controlled
4561     substance from another source, fraud, forgery, deception, subterfuge, alteration of a
4562     prescription or written order for a controlled substance, or the use of a false name or address;
4563          (iii) to make a false or forged prescription or written order for a controlled substance,
4564     or to utter the same, or to alter a prescription or written order issued or written under the terms
4565     of this chapter; or
4566          (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
4567     print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
4568     device of another or any likeness of any of the foregoing upon any drug or container or labeling
4569     so as to render a drug a counterfeit controlled substance.
4570          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
4571     misdemeanor.
4572          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
4573     degree felony.
4574          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
4575          (4) Prohibited acts D -- Penalties:
4576          (a) Notwithstanding other provisions of this section, a person not authorized under this
4577     chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
4578     upon conviction subject to the penalties and classifications under this Subsection (4) if the trier

4579     of fact finds the act is committed:
4580          (i) in a public or private elementary or secondary school or on the grounds of any of
4581     those schools during the hours of 6 a.m. through 10 p.m.;
4582          (ii) in a public or private vocational school or postsecondary institution or on the
4583     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
4584          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
4585     facility's hours of operation;
4586          (iv) in a public park, amusement park, arcade, or recreation center when the public or
4587     amusement park, arcade, or recreation center is open to the public;
4588          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
4589          (vi) in or on the grounds of a library when the library is open to the public;
4590          (vii) within an area that is within 100 feet of any structure, facility, or grounds included
4591     in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
4592          (viii) in the presence of a person younger than 18 years [of age] old, regardless of
4593     where the act occurs; or
4594          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
4595     distribution of a substance in violation of this section to an inmate or on the grounds of a
4596     correctional facility as defined in Section 76-8-311.3.
4597          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
4598     and shall be imprisoned for a term of not less than five years if the penalty that would
4599     otherwise have been established but for this Subsection (4) would have been a first degree
4600     felony.
4601          (ii) Imposition or execution of the sentence may not be suspended, and the person is
4602     not eligible for probation.
4603          (c) If the classification that would otherwise have been established would have been
4604     less than a first degree felony but for this Subsection (4), a person convicted under this
4605     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
4606     offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
4607          (d) (i) If the violation is of Subsection (4)(a)(ix):
4608          (A) the person may be sentenced to imprisonment for an indeterminate term as
4609     provided by law, and the court shall additionally sentence the person convicted for a term of

4610     one year to run consecutively and not concurrently; and
4611          (B) the court may additionally sentence the person convicted for an indeterminate term
4612     not to exceed five years to run consecutively and not concurrently; and
4613          (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
4614     the mental state required for the commission of an offense, directly or indirectly solicits,
4615     requests, commands, coerces, encourages, or intentionally aids another person to commit a
4616     violation of Subsection (4)(a)(ix).
4617          (e) It is not a defense to a prosecution under this Subsection (4) that:
4618          (i) the actor mistakenly believed the individual to be 18 years old or older at the time of
4619     the offense or was unaware of the individual's true age; or
4620          (ii) the actor mistakenly believed that the location where the act occurred was not as
4621     described in Subsection (4)(a) or was unaware that the location where the act occurred was as
4622     described in Subsection (4)(a).
4623          (5) A violation of this chapter for which no penalty is specified is a class B
4624     misdemeanor.
4625          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
4626     guilty or no contest to a violation or attempted violation of this section or a plea which is held
4627     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
4628     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
4629     abeyance agreement.
4630          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
4631     conviction that is:
4632          (i) from a separate criminal episode than the current charge; and
4633          (ii) from a conviction that is separate from any other conviction used to enhance the
4634     current charge.
4635          (7) A person may be charged and sentenced for a violation of this section,
4636     notwithstanding a charge and sentence for a violation of any other section of this chapter.
4637          (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
4638     of, a civil or administrative penalty or sanction authorized by law.
4639          (b) When a violation of this chapter violates a federal law or the law of another state,
4640     conviction or acquittal under federal law or the law of another state for the same act is a bar to

4641     prosecution in this state.
4642          (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
4643     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
4644     substance or substances, is prima facie evidence that the person or persons did so with
4645     knowledge of the character of the substance or substances.
4646          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
4647     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
4648     administering controlled substances or from causing the substances to be administered by an
4649     assistant or orderly under the veterinarian's direction and supervision.
4650          (11) Civil or criminal liability may not be imposed under this section on:
4651          (a) a person registered under this chapter who manufactures, distributes, or possesses
4652     an imitation controlled substance for use as a placebo or investigational new drug by a
4653     registered practitioner in the ordinary course of professional practice or research; or
4654          (b) a law enforcement officer acting in the course and legitimate scope of the officer's
4655     employment.
4656          (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
4657     as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
4658     traditional ceremonial purposes in connection with the practice of a traditional Indian religion
4659     as defined in Section 58-37-2.
4660          (b) In a prosecution alleging violation of this section regarding peyote as defined in
4661     Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
4662     by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
4663     traditional Indian religion.
4664          (c) (i) The defendant shall provide written notice of intent to claim an affirmative
4665     defense under this Subsection (12) as soon as practicable, but not later than 10 days before
4666     trial.
4667          (ii) The notice shall include the specific claims of the affirmative defense.
4668          (iii) The court may waive the notice requirement in the interest of justice for good
4669     cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
4670          (d) The defendant shall establish the affirmative defense under this Subsection (12) by
4671     a preponderance of the evidence. If the defense is established, it is a complete defense to the

4672     charges.
4673          (13) (a) It is an affirmative defense that the person produced, possessed, or
4674     administered a controlled substance listed in Section 58-37-4.2 if the person was:
4675          (i) engaged in medical research; and
4676          (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
4677          (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
4678     a controlled substance listed in Section 58-37-4.2.
4679          (14) It is an affirmative defense that the person possessed, in the person's body, a
4680     controlled substance listed in Section 58-37-4.2 if:
4681          (a) the person was the subject of medical research conducted by a holder of a valid
4682     license to possess controlled substances under Section 58-37-6; and
4683          (b) the substance was administered to the person by the medical researcher.
4684          (15) The application of any increase in penalty under this section to a violation of
4685     Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
4686     Subsection (15) takes precedence over any conflicting provision of this section.
4687          (16) (a) It is an affirmative defense to an allegation of the commission of an offense
4688     listed in Subsection (16)(b) that the person or bystander:
4689          (i) reasonably believes that the person or another person is experiencing an overdose
4690     event due to the ingestion, injection, inhalation, or other introduction into the human body of a
4691     controlled substance or other substance;
4692          (ii) reports, or assists a person who reports, in good faith the overdose event to a
4693     medical provider, an emergency medical service provider as defined in Section 26-8a-102, a
4694     law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the
4695     person is the subject of a report made under this Subsection (16);
4696          (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
4697     actual location of the overdose event that facilitates responding to the person experiencing the
4698     overdose event;
4699          (iv) remains at the location of the person experiencing the overdose event until a
4700     responding law enforcement officer or emergency medical service provider arrives, or remains
4701     at the medical care facility where the person experiencing an overdose event is located until a
4702     responding law enforcement officer arrives;

4703          (v) cooperates with the responding medical provider, emergency medical service
4704     provider, and law enforcement officer, including providing information regarding the person
4705     experiencing the overdose event and any substances the person may have injected, inhaled, or
4706     otherwise introduced into the person's body; and
4707          (vi) is alleged to have committed the offense in the same course of events from which
4708     the reported overdose arose.
4709          (b) The offenses referred to in Subsection (16)(a) are:
4710          (i) the possession or use of less than 16 ounces of marijuana;
4711          (ii) the possession or use of a scheduled or listed controlled substance other than
4712     marijuana; and
4713          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4714     Imitation Controlled Substances Act.
4715          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
4716     include seeking medical assistance under this section during the course of a law enforcement
4717     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
4718          (17) If any provision of this chapter, or the application of any provision to any person
4719     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
4720     invalid provision or application.
4721          (18) A legislative body of a political subdivision may not enact an ordinance that is
4722     less restrictive than any provision of this chapter.
4723          (19) If a minor who is under 18 years old is found by a court to have violated this
4724     section, the court may order the minor to complete:
4725          (a) a screening as defined in Section 41-6a-501;
4726          (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
4727     assessment to be appropriate; and
4728          (c) an educational series as defined in Section 41-6a-501 or substance use disorder
4729     treatment as indicated by an assessment.
4730          Section 78. Section 58-37c-5 is amended to read:
4731          58-37c-5. Responsibility of Department of Commerce -- Delegation to the
4732     Division of Professional Licensing -- Rulemaking authority of the division.
4733          (1) Responsibility for the enforcement of the licensing and reporting provisions of this

4734     chapter shall be with the Department of Commerce.
4735          (2) The executive director shall delegate specific responsibility within the department
4736     to the Division of [Occupational and] Professional Licensing.
4737          (3) The division shall make, adopt, amend, and repeal rules necessary for the proper
4738     administration and enforcement of this chapter.
4739          Section 79. Section 58-37c-6 is amended to read:
4740          58-37c-6. Division duties.
4741          The division shall be responsible for the licensing and reporting provisions of this
4742     chapter and those duties shall include:
4743          (1) providing for a system of licensure of regulated distributors and regulated
4744     purchasers;
4745          (2) refusing to renew a license or revoking, suspending, restricting, placing on
4746     probation, issuing a private or public letter of censure or reprimand, or imposing other
4747     appropriate action against a license;
4748          (3) with respect to the licensure and reporting provisions of this chapter, investigating
4749     or causing to be investigated any violation of this chapter by any person and to cause, when
4750     necessary, appropriate administrative action with respect to the license of that person;
4751          (4) presenting evidence obtained from investigations conducted by appropriate county
4752     attorneys and the Office of the Attorney General for civil or criminal prosecution or for
4753     administrative action against a licensee;
4754          (5) conducting hearings for the purpose of revoking, suspending, placing on probation,
4755     or imposing other appropriate administrative action against the license of regulated distributors
4756     or regulated purchasers in accordance with the provisions of Title 58, Chapter 1, Division of
4757     [Occupational and] Professional Licensing Act, and Title 63G, Chapter 4, Administrative
4758     Procedures Act;
4759          (6) assisting all other law enforcement agencies of the state in enforcing all laws
4760     regarding controlled substance precursors;
4761          (7) specifying reports, frequency of reports, and conditions under which reports are to
4762     be submitted and to whom reports are to be submitted by regulated distributors and regulated
4763     purchasers with respect to transactions involving threshold amounts of controlled substance
4764     precursors; and

4765          (8) performing all other functions necessary to fulfill division duties and
4766     responsibilities as outlined under this chapter or rules adopted pursuant to this chapter.
4767          Section 80. Section 58-37c-21 is amended to read:
4768          58-37c-21. Department of Public Safety enforcement authority.
4769          (1) As used in this section, "division" means the Criminal Investigations and Technical
4770     Services Division of the Department of Public Safety, created in Section 53-10-103.
4771          (2) The division has authority to enforce this chapter. To carry out this purpose, the
4772     division may:
4773          (a) inspect, copy, and audit records, inventories of controlled substance precursors, and
4774     reports required under this chapter and rules adopted under this chapter;
4775          (b) enter the premises of regulated distributors and regulated purchasers during normal
4776     business hours to conduct administrative inspections;
4777          (c) assist the law enforcement agencies of the state in enforcing this chapter;
4778          (d) conduct investigations to enforce this chapter;
4779          (e) present evidence obtained from investigations conducted in conjunction with
4780     appropriate county and district attorneys and the Office of the Attorney General for civil or
4781     criminal prosecution or for administrative action against a licensee; and
4782          (f) work in cooperation with the Division of [Occupational and] Professional
4783     Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
4784          Section 81. Section 58-37d-9 is amended to read:
4785          58-37d-9. Department of Public Safety enforcement authority.
4786          (1) As used in this section, "division" means the Criminal Investigations and Technical
4787     Services Division of the Department of Public Safety, created in Section 53-10-103.
4788          (2) The division has authority to enforce this chapter. To carry out this purpose, the
4789     division may:
4790          (a) assist the law enforcement agencies of the state in enforcing this chapter;
4791          (b) conduct investigations to enforce this chapter;
4792          (c) present evidence obtained from investigations conducted in conjunction with
4793     appropriate county and district attorneys and the Office of the Attorney General for civil or
4794     criminal prosecution or for administrative action against a licensee; and
4795          (d) work in cooperation with the Division of [Occupational and] Professional

4796     Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
4797          Section 82. Section 58-38a-201 is amended to read:
4798          58-38a-201. Controlled Substances Advisory Committee.
4799          There is created within the Division of [Occupational and] Professional Licensing the
4800     Controlled Substances Advisory Committee. The committee consists of:
4801          (1) the director of the Department of Health or the director's designee;
4802          (2) the State Medical Examiner or the examiner's designee;
4803          (3) the commissioner of the Department of Public Safety or the commissioner's
4804     designee;
4805          (4) the director of the Bureau of Forensic Services created in Section 53-10-401, or the
4806     director's designee;
4807          (5) the director of the Utah Poison Control Center or the director's designee;
4808          (6) one physician who is a member of the Physicians Licensing Board and is
4809     designated by that board;
4810          (7) one pharmacist who is a member of the Utah State Board of Pharmacy and is
4811     designated by that board;
4812          (8) one dentist who is a member of the Dentist and Dental Hygienist Licensing Board
4813     and is designated by that board;
4814          (9) one physician who is currently licensed and practicing in the state, to be appointed
4815     by the governor;
4816          (10) one psychiatrist who is currently licensed and practicing in the state, to be
4817     appointed by the governor;
4818          (11) one individual with expertise in substance abuse addiction, to be appointed by the
4819     governor;
4820          (12) one representative from the Statewide Association of Prosecutors, to be
4821     designated by that association;
4822          (13) one naturopathic physician who is currently licensed and practicing in the state, to
4823     be appointed by the governor;
4824          (14) one advanced practice registered nurse who is currently licensed and practicing in
4825     this state, to be appointed by the governor; and
4826          (15) one member of the public, to be appointed by the governor.

4827          Section 83. Section 58-41-4 is amended to read:
4828          58-41-4. Exemptions from chapter.
4829          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4830     persons may engage in the practice of speech-language pathology and audiology subject to the
4831     stated circumstances and limitations without being licensed under this chapter:
4832          (a) a qualified person licensed in this state under any law existing in this state prior to
4833     May 13, 1975, engaging in the profession for which [he] the person is licensed;
4834          (b) a medical doctor, physician, physician assistant, or surgeon licensed in this state,
4835     engaging in his or her specialty in the practice of medicine;
4836          (c) a hearing aid dealer or [salesman from] salesperson selling, fitting, adjusting, and
4837     repairing hearing aids, and conducting hearing tests solely for that purpose. However, a hearing
4838     aid dealer may not conduct audiologic testing on persons [under the age of 18 years] younger
4839     than 18 years old except under the direct supervision of an audiologist licensed under this
4840     chapter;
4841          (d) a person who has obtained a valid and current credential issued by the State Board
4842     of Education while specifically performing [specifically] the functions of a speech-language
4843     pathologist or audiologist[, in no way in his own interest, solely within the confines of and
4844     under the direction and jurisdiction of and only in the academic interest of the schools by which
4845     employed in this state] solely within the confines of, under the direction and jurisdiction of, and
4846     in the academic interest of the school employing the person;
4847          (e) a person employed as a speech-language pathologist or audiologist by federal
4848     government agencies or subdivisions or, prior to July 1, 1989, by state or local government
4849     agencies or subdivisions, while specifically performing speech-language pathology or
4850     audiology services [in no way in his own interest,] solely within the confines of [and], under
4851     the direction and jurisdiction of, and in the specific interest of [that] the agency or subdivision;
4852          (f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
4853     monetary or other compensation, without being licensed[; however, such person may elect to
4854     be subject to the requirements of this chapter];
4855          (g) a person employed by an accredited [colleges or universities] college or university
4856     as a speech-language pathologist or audiologist [from] performing the services or functions
4857     described in this chapter [when they] if the services or functions are:

4858          (i) performed solely as an assigned teaching function of the person's employment;
4859          (ii) solely in academic interest and pursuit as a function of [that] the person's
4860     employment;
4861          (iii) in no way for [their] the person's own interest; and
4862          (iv) provided for no fee, monetary or otherwise, other than [their] the person's agreed
4863     institutional salary;
4864          (h) a person pursuing a course of study leading to a degree in speech-language
4865     pathology or audiology while enrolled in an accredited college or university, provided:
4866          (i) those activities constitute an assigned, directed, and supervised part of [his] the
4867     person's curricular study, and in no other interest[, and];
4868          (ii) that all examinations, tests, histories, charts, progress notes, reports,
4869     correspondence, [and all] documents, and records [which he] the person produces be identified
4870     clearly as having been conducted and prepared by a student in training [and that such a];
4871          (iii) that the person is obviously identified and designated by appropriate title clearly
4872     indicating the person's training status; and [provided that he]
4873          (iv) that the person does not hold [himself] out directly or indirectly [as being] to the
4874     public or otherwise represent that the person is qualified to practice independently;
4875          (i) a person trained in elementary audiometry and qualified to perform basic
4876     audiometric tests while employed by and under the direct supervision of a licensed medical
4877     doctor to perform solely for [him while under his direct supervision,] the licensed medical
4878     doctor, the elementary conventional audiometric tests of air conduction screening, air
4879     conduction threshold testing, and tympanometry;
4880          (j) a person [while performing as a] performing the functions of a speech-language
4881     pathologist or audiologist for the sole purpose of obtaining required professional experience
4882     under the provisions of this chapter and only during the period the person is obtaining the
4883     required professional experience, if [he] the person:
4884          (i) meets all training requirements; and
4885          (ii) is professionally responsible to and under the supervision of a speech-language
4886     pathologist or audiologist who holds the CCC or a state license in speech-language pathology
4887     or audiology[. This provision is applicable only during the time that person is obtaining the
4888     required professional experience];

4889          (k) a corporation, partnership, trust, association, group practice, or [like] similar
4890     organization engaging in speech-language pathology or audiology services without certification
4891     or license, if [it acts] acting only through employees or [consists] consisting only of persons
4892     who are licensed under this chapter;
4893          (l) [performance of] a person who is not a resident of this state performing
4894     speech-language pathology or audiology services in this state [by a speech-language pathologist
4895     or audiologist who is not a resident of this state and is not licensed under this chapter if those]
4896     if:
4897          (i) the services are performed for no more than one month in any calendar year in
4898     association with a speech-language pathologist or audiologist licensed under this chapter[, and
4899     if that]; and
4900          (ii) the person meets the qualifications and requirements for application for licensure
4901     described in Section 58-41-5; [and]
4902          (m) a person certified under Title 53E, Public Education System -- State
4903     Administration, as a teacher of the deaf, from providing the services or performing the
4904     functions [he] the person is certified to perform[.]; and
4905          (n) a person who is:
4906          (i) trained in newborn hearing screening as described in rules made by the Department
4907     of Health in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
4908          (ii) is working under the indirect supervision of a licensed audiologist responsible for a
4909     newborn hearing screening program established by the Department of Health under Section
4910     26-10-6.
4911          (2) No person is exempt from the requirements of this chapter who performs or
4912     provides any services as a speech-language pathologist or audiologist for which a fee, salary,
4913     bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
4914     engages any part of his professional work for a fee practicing in conjunction with, by
4915     permission of, or apart from his position of employment as speech-language pathologist or
4916     audiologist in any branch or subdivision of local, state, or federal government or as otherwise
4917     identified in this section.
4918          Section 84. Section 58-44a-302 is amended to read:
4919          58-44a-302. Qualifications for licensure.

4920          (1) An applicant for licensure as a nurse midwife shall:
4921          (a) submit an application in a form as prescribed by the division;
4922          (b) pay a fee as determined by the department under Section 63J-1-504;
4923          [(c) be of good moral character;]
4924          [(d)] (c) at the time of application for licensure hold a license in good standing as a
4925     registered nurse in Utah, or be at that time qualified for a license as a registered nurse under
4926     Title 58, Chapter 31b, Nurse Practice Act;
4927          [(e)] (d) have completed:
4928          (i) a certified nurse midwifery education program accredited by the Accreditation
4929     Commission for Midwifery Education and approved by the division; or
4930          (ii) a nurse midwifery education program located outside of the United States which is
4931     approved by the division and is equivalent to a program accredited by the Accreditation
4932     Commission for Midwifery Education, as demonstrated by a graduate's being accepted to sit for
4933     the national certifying examination administered by the Accreditation Commission for
4934     Midwifery Education or its designee; and
4935          [(f)] (e) have passed examinations established by the division rule in collaboration with
4936     the board within two years after completion of the approved education program required under
4937     Subsection [(1)(e)] (1)(d).
4938          (2) For purposes of Subsection [(1)(e)] (1)(d), as of January 1, 2010, the accredited
4939     education program or it's equivalent must grant a graduate degree, including post-master's
4940     certificate, in nurse midwifery.
4941          Section 85. Section 58-44a-402 is amended to read:
4942          58-44a-402. Authority to assess penalty.
4943          (1) After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures
4944     Act, and Title 58, Chapter 1, Division of [Occupational and] Professional Licensing Act, the
4945     division may impose an administrative penalty of up to $10,000 for unprofessional or unlawful
4946     conduct under this chapter in accordance with a fine schedule established by rule.
4947          (2) The assessment of a penalty under this section does not affect any other action the
4948     division is authorized to take regarding a license issued under this chapter.
4949          (3) The division may impose an administrative penalty of up to $500 for any violation
4950     of Subsection 58-44a-501(2), (3), or (4), consistent with Section 58-44a-503.

4951          (4) (a) The director may collect a penalty that is not paid by:
4952          (i) referring the matter to a collection agency; or
4953          (ii) bringing an action in the district court of the county where the person against whom
4954     the penalty is imposed resides or in the county where the office of the director is located.
4955          (b) A county attorney or the attorney general of the state shall provide legal assistance
4956     and advice to the director in an action to collect a penalty.
4957          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
4958     action brought by the division to collect a penalty.
4959          Section 86. Section 58-55-102 is amended to read:
4960          58-55-102. Definitions.
4961          In addition to the definitions in Section 58-1-102, as used in this chapter:
4962          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
4963     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
4964     except as provided in Subsection (1)(b).
4965          (b) "Alarm business or company" does not include:
4966          (i) a person engaged in the manufacture or sale of alarm systems unless:
4967          (A) that person is also engaged in the installation, maintenance, alteration, repair,
4968     replacement, servicing, or monitoring of alarm systems;
4969          (B) the manufacture or sale occurs at a location other than a place of business
4970     established by the person engaged in the manufacture or sale; or
4971          (C) the manufacture or sale involves site visits at the place or intended place of
4972     installation of an alarm system; or
4973          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
4974     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
4975     of the alarm system owned by that owner.
4976          (2) "Alarm company agent":
4977          (a) except as provided in Subsection (2)(b), means any individual employed within this
4978     state by an alarm business; and
4979          (b) does not include an individual who:
4980          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
4981     servicing, or monitoring of an alarm system; and

4982          (ii) does not, during the normal course of the individual's employment with an alarm
4983     business, use or have access to sensitive alarm system information.
4984          (3) "Alarm system" means equipment and devices assembled for the purpose of:
4985          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
4986     premises; or
4987          (b) signaling a robbery or attempted robbery on protected premises.
4988          (4) "Apprentice electrician" means a person licensed under this chapter as an
4989     apprentice electrician who is learning the electrical trade under the immediate supervision of a
4990     master electrician, residential master electrician, a journeyman electrician, or a residential
4991     journeyman electrician.
4992          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
4993     plumber who is learning the plumbing trade under the immediate supervision of a master
4994     plumber, residential master plumber, journeyman plumber, or a residential journeyman
4995     plumber.
4996          (6) "Approved continuing education" means instruction provided through courses
4997     under a program established under Subsection 58-55-302.5(2).
4998          (7) (a) "Approved prelicensure course provider" means a provider that is the
4999     Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
5000     Contractors, or the Utah Home Builders Association, and that meets the requirements
5001     established by rule by the commission with the concurrence of the director, to teach the
5002     25-hour course described in Subsection 58-55-302(1)(e)(iii).
5003          (b) "Approved prelicensure course provider" may only include a provider that, in
5004     addition to any other locations, offers the 25-hour course described in Subsection
5005     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
5006     County, Utah County, Davis County, or Weber County.
5007          (8) "Board" means the Electrician Licensing Board, Alarm System Security and
5008     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
5009          (9) "Combustion system" means an assembly consisting of:
5010          (a) piping and components with a means for conveying, either continuously or
5011     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
5012     appliance;

5013          (b) the electric control and combustion air supply and venting systems, including air
5014     ducts; and
5015          (c) components intended to achieve control of quantity, flow, and pressure.
5016          (10) "Commission" means the Construction Services Commission created under
5017     Section 58-55-103.
5018          (11) "Construction trade" means any trade or occupation involving:
5019          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
5020     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
5021     or other project, development, or improvement to other than personal property; and
5022          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
5023     defined in Section 15A-1-302; or
5024          (b) installation or repair of a residential or commercial natural gas appliance or
5025     combustion system.
5026          (12) "Construction trades instructor" means a person licensed under this chapter to
5027     teach one or more construction trades in both a classroom and project environment, where a
5028     project is intended for sale to or use by the public and is completed under the direction of the
5029     instructor, who has no economic interest in the project.
5030          (13) (a) "Contractor" means any person who for compensation other than wages as an
5031     employee undertakes any work in the construction, plumbing, or electrical trade for which
5032     licensure is required under this chapter and includes:
5033          (i) a person who builds any structure on the person's own property for the purpose of
5034     sale or who builds any structure intended for public use on the person's own property;
5035          (ii) any person who represents that the person is a contractor, or will perform a service
5036     described in this Subsection (13), by advertising on a website or social media, or any other
5037     means;
5038          (iii) any person engaged as a maintenance person, other than an employee, who
5039     regularly engages in activities set forth under the definition of "construction trade";
5040          (iv) any person engaged in, or offering to engage in, any construction trade for which
5041     licensure is required under this chapter; or
5042          (v) a construction manager, construction consultant, construction assistant, or any other
5043     person who, for a fee:

5044          (A) performs or offers to perform construction consulting;
5045          (B) performs or offers to perform management of construction subcontractors;
5046          (C) provides or offers to provide a list of subcontractors or suppliers; or
5047          (D) provides or offers to provide management or counseling services on a construction
5048     project.
5049          (b) "Contractor" does not include:
5050          (i) an alarm company or alarm company agent; or
5051          (ii) a material supplier who provides consulting to customers regarding the design and
5052     installation of the material supplier's products.
5053          (14) (a) "Electrical trade" means the performance of any electrical work involved in the
5054     installation, construction, alteration, change, repair, removal, or maintenance of facilities,
5055     buildings, or appendages or appurtenances.
5056          (b) "Electrical trade" does not include:
5057          (i) transporting or handling electrical materials;
5058          (ii) preparing clearance for raceways for wiring;
5059          (iii) work commonly done by unskilled labor on any installations under the exclusive
5060     control of electrical utilities;
5061          (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
5062     hazard; or
5063          (v) work involving class two or class three power-limited circuits as defined in the
5064     National Electrical Code.
5065          (15) "Elevator" means the same as that term is defined in Section 34A-7-202, except
5066     that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
5067     incline platform lift.
5068          (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
5069     this chapter that is engaged in the business of erecting, constructing, installing, altering,
5070     servicing, repairing, or maintaining an elevator.
5071          (17) "Elevator mechanic" means an individual who is licensed under this chapter as an
5072     elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
5073     repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
5074          (18) "Employee" means an individual as defined by the division by rule giving

5075     consideration to the definition adopted by the Internal Revenue Service and the Department of
5076     Workforce Services.
5077          (19) "Engage in a construction trade" means to:
5078          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
5079     in a construction trade; or
5080          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
5081     to believe one is or will act as a contractor.
5082          (20) (a) "Financial responsibility" means a demonstration of a current and expected
5083     future condition of financial solvency evidencing a reasonable expectation to the division and
5084     the board that an applicant or licensee can successfully engage in business as a contractor
5085     without jeopardy to the public health, safety, and welfare.
5086          (b) Financial responsibility may be determined by an evaluation of the total history
5087     concerning the licensee or applicant including past, present, and expected condition and record
5088     of financial solvency and business conduct.
5089          (21) "Gas appliance" means any device that uses natural gas to produce light, heat,
5090     power, steam, hot water, refrigeration, or air conditioning.
5091          (22) (a) "General building contractor" means a person licensed under this chapter as a
5092     general building contractor qualified by education, training, experience, and knowledge to
5093     perform or superintend construction of structures for the support, shelter, and enclosure of
5094     persons, animals, chattels, or movable property of any kind or any of the components of that
5095     construction except plumbing, electrical work, mechanical work, work related to the operating
5096     integrity of an elevator, and manufactured housing installation, for which the general building
5097     contractor shall employ the services of a contractor licensed in the particular specialty, except
5098     that a general building contractor engaged in the construction of single-family and multifamily
5099     residences up to four units may perform the mechanical work and hire a licensed plumber or
5100     electrician as an employee.
5101          (b) The division may by rule exclude general building contractors from engaging in the
5102     performance of other construction specialties in which there is represented a substantial risk to
5103     the public health, safety, and welfare, and for which a license is required unless that general
5104     building contractor holds a valid license in that specialty classification.
5105          (23) (a) "General electrical contractor" means a person licensed under this chapter as a

5106     general electrical contractor qualified by education, training, experience, and knowledge to
5107     perform the fabrication, construction, and installation of generators, transformers, conduits,
5108     raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
5109     electrical energy.
5110          (b) The scope of work of a general electrical contractor may be further defined by rules
5111     made by the commission, with the concurrence of the director, in accordance with Title 63G,
5112     Chapter 3, Utah Administrative Rulemaking Act.
5113          (24) (a) "General engineering contractor" means a person licensed under this chapter as
5114     a general engineering contractor qualified by education, training, experience, and knowledge to
5115     perform or superintend construction of fixed works or components of fixed works requiring
5116     specialized engineering knowledge and skill in any of the following: [irrigation, drainage,
5117     water, power, water supply, flood control, inland waterways, harbors, railroads, highways,
5118     tunnels, airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial
5119     plants requiring specialized engineering knowledge and skill, piers, and foundations, or any of
5120     the components of those works.]
5121          (i) irrigation;
5122          (ii) drainage;
5123          (iii) water power;
5124          (iv) water supply;
5125          (v) flood control;
5126          (vi) an inland waterway;
5127          (vii) a harbor;
5128          (viii) a railroad;
5129          (ix) a highway;
5130          (x) a tunnel;
5131          (xi) an airport;
5132          (xii) an airport runway;
5133          (xiii) a sewer;
5134          (xiv) a bridge;
5135          (xv) a refinery;
5136          (xvi) a pipeline;

5137          (xvii) a chemical plant;
5138          (xviii) an industrial plant;
5139          (xix) a pier;
5140          (xx) a foundation;
5141          (xxi) a power plant; or
5142          (xxii) a utility plant or installation.
5143          (b) A general engineering contractor may not perform [construction of structures] or
5144     superintend:
5145          (i) construction of a structure built primarily for the support, shelter, and enclosure of
5146     persons, animals, and chattels[.]; or
5147          (ii) performance of:
5148          (A) plumbing work;
5149          (B) electrical work; or
5150          (C) mechanical work.
5151          (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
5152     general plumbing contractor qualified by education, training, experience, and knowledge to
5153     perform the fabrication or installation of material and fixtures to create and maintain sanitary
5154     conditions in a building by providing permanent means for a supply of safe and pure water, a
5155     means for the timely and complete removal from the premises of all used or contaminated
5156     water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
5157     occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
5158     industrial purposes.
5159          (b) The scope of work of a general plumbing contractor may be further defined by rules
5160     made by the commission, with the concurrence of the director, in accordance with Title 63G,
5161     Chapter 3, Utah Administrative Rulemaking Act.
5162          (26) "Immediate supervision" means reasonable direction, oversight, inspection, and
5163     evaluation of the work of a person:
5164          (a) as the division specifies in rule;
5165          (b) by, as applicable, a qualified electrician or plumber;
5166          (c) as part of a planned program of training; and
5167          (d) to ensure that the end result complies with applicable standards.

5168          (27) "Individual" means a natural person.
5169          (28) "Journeyman electrician" means a person licensed under this chapter as a
5170     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
5171     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
5172          (29) "Journeyman plumber" means a person licensed under this chapter as a
5173     journeyman plumber having the qualifications, training, experience, and technical knowledge
5174     to engage in the plumbing trade.
5175          (30) "Master electrician" means a person licensed under this chapter as a master
5176     electrician having the qualifications, training, experience, and knowledge to properly plan,
5177     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
5178     for light, heat, power, and other purposes.
5179          (31) "Master plumber" means a person licensed under this chapter as a master plumber
5180     having the qualifications, training, experience, and knowledge to properly plan and layout
5181     projects and supervise persons in the plumbing trade.
5182          (32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
5183     limited liability company, association, or organization of any type.
5184          (33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
5185     the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
5186     three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
5187          (i) delivery of the water supply;
5188          (ii) discharge of liquid and water carried waste;
5189          (iii) building drainage system within the walls of the building; and
5190          (iv) delivery of gases for lighting, heating, and industrial purposes.
5191          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
5192     fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
5193     safe and adequate supply of gases, together with their devices, appurtenances, and connections
5194     where installed within the outside walls of the building.
5195          (34) "Ratio of apprentices" means the number of licensed plumber apprentices or
5196     licensed electrician apprentices that are allowed to be under the immediate supervision of a
5197     licensed supervisor as established by the provisions of this chapter and by rules made by the
5198     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,

5199     Utah Administrative Rulemaking Act.
5200          (35) "Residential and small commercial contractor" means a person licensed under this
5201     chapter as a residential and small commercial contractor qualified by education, training,
5202     experience, and knowledge to perform or superintend the construction of single-family
5203     residences, multifamily residences up to four units, and commercial construction of not more
5204     than three stories above ground and not more than 20,000 square feet, or any of the components
5205     of that construction except plumbing, electrical work, mechanical work, and manufactured
5206     housing installation, for which the residential and small commercial contractor shall employ
5207     the services of a contractor licensed in the particular specialty, except that a residential and
5208     small commercial contractor engaged in the construction of single-family and multifamily
5209     residences up to four units may perform the mechanical work and hire a licensed plumber or
5210     electrician as an employee.
5211          (36) "Residential building," as it relates to the license classification of residential
5212     journeyman plumber and residential master plumber, means a single or multiple family
5213     dwelling of up to four units.
5214          (37) (a) "Residential electrical contractor" means a person licensed under this chapter
5215     as a residential electrical contractor qualified by education, training, experience, and
5216     knowledge to perform the fabrication, construction, and installation of services, disconnecting
5217     means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
5218     appliances, and fixtures in a residential unit.
5219          (b) The scope of work of a residential electrical contractor may be further defined by
5220     rules made by the commission, with the concurrence of the director, in accordance with Title
5221     63G, Chapter 3, Utah Administrative Rulemaking Act.
5222          (38) "Residential journeyman electrician" means a person licensed under this chapter
5223     as a residential journeyman electrician having the qualifications, training, experience, and
5224     knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
5225     and other purposes on buildings using primarily nonmetallic sheath cable.
5226          (39) "Residential journeyman plumber" means a person licensed under this chapter as a
5227     residential journeyman plumber having the qualifications, training, experience, and knowledge
5228     to engage in the plumbing trade as limited to the plumbing of residential buildings.
5229          (40) "Residential master electrician" means a person licensed under this chapter as a

5230     residential master electrician having the qualifications, training, experience, and knowledge to
5231     properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
5232     and equipment for light, heat, power, and other purposes on residential projects.
5233          (41) "Residential master plumber" means a person licensed under this chapter as a
5234     residential master plumber having the qualifications, training, experience, and knowledge to
5235     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
5236     plumbing of residential buildings.
5237          (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
5238     as a residential plumbing contractor qualified by education, training, experience, and
5239     knowledge to perform the fabrication or installation of material and fixtures to create and
5240     maintain sanitary conditions in residential buildings by providing permanent means for a
5241     supply of safe and pure water, a means for the timely and complete removal from the premises
5242     of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
5243     incidental to life and the occupation of such premises, and a safe and adequate supply of gases
5244     for lighting, heating, and [industrial] residential purposes.
5245          (b) The scope of work of a residential plumbing contractor may be further defined by
5246     rules made by the commission, with the concurrence of the director, in accordance with Title
5247     63G, Chapter 3, Utah Administrative Rulemaking Act.
5248          (43) "Residential project," as it relates to an electrician or electrical contractor, means
5249     buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
5250     and regulations governing this work, including the National Electrical Code, and in which the
5251     voltage does not exceed 250 volts line to line and 125 volts to ground.
5252          (44) "Sensitive alarm system information" means:
5253          (a) a pass code or other code used in the operation of an alarm system;
5254          (b) information on the location of alarm system components at the premises of a
5255     customer of the alarm business providing the alarm system;
5256          (c) information that would allow the circumvention, bypass, deactivation, or other
5257     compromise of an alarm system of a customer of the alarm business providing the alarm
5258     system; and
5259          (d) any other similar information that the division by rule determines to be information
5260     that an individual employed by an alarm business should use or have access to only if the

5261     individual is licensed as provided in this chapter.
5262          (45) (a) "Specialty contractor" means a person licensed under this chapter under a
5263     specialty contractor classification established by rule, who is qualified by education, training,
5264     experience, and knowledge to perform those construction trades and crafts requiring
5265     specialized skill, the regulation of which are determined by the division to be in the best
5266     interest of the public health, safety, and welfare.
5267          (b) A specialty contractor may perform work in crafts or trades other than those in
5268     which the specialty contractor is licensed if they are incidental to the performance of the
5269     specialty contractor's licensed craft or trade.
5270          (46) "Unincorporated entity" means an entity that is not:
5271          (a) an individual;
5272          (b) a corporation; or
5273          (c) publicly traded.
5274          (47) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
5275     and 58-55-501.
5276          (48) "Unprofessional conduct" means the same as that term is defined in Sections
5277     58-1-501 and 58-55-502 and as may be further defined by rule.
5278          (49) "Wages" means amounts due to an employee for labor or services whether the
5279     amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
5280     the amount.
5281          Section 87. Section 58-55-302 is amended to read:
5282          58-55-302. Qualifications for licensure.
5283          (1) Each applicant for a license under this chapter shall:
5284          (a) submit an application prescribed by the division;
5285          (b) pay a fee as determined by the department under Section 63J-1-504;
5286          (c) meet the examination requirements established by this section and by rule by the
5287     commission with the concurrence of the director, which requirements include:
5288          (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
5289     contractor, no division-administered examination is required;
5290          (ii) for licensure as a general building contractor, general engineering contractor,
5291     residential and small commercial contractor, general plumbing contractor, residential plumbing

5292     contractor, general electrical contractor, or residential electrical contractor, the only required
5293     division-administered examination is a division-administered examination that covers
5294     information from the 25-hour course described in Subsection (1)(e)(iii), which course may
5295     have been previously completed as part of applying for any other license under this chapter,
5296     and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
5297     course described in Subsection (1)(e)(iv); and
5298          (iii) if required in Section 58-55-304, an individual qualifier must pass the required
5299     division-administered examination if the applicant is a business entity;
5300          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
5301          (e) if an applicant for a contractor's license:
5302          (i) produce satisfactory evidence of financial responsibility, except for a construction
5303     trades instructor for whom evidence of financial responsibility is not required;
5304          (ii) produce satisfactory evidence of:
5305          (A) except as provided in Subsection (2)(a), and except that no employment experience
5306     is required for licensure as a specialty contractor, two years full-time paid employment
5307     experience in the construction industry, which employment experience, unless more
5308     specifically described in this section, may be related to any contracting classification and does
5309     not have to include supervisory experience; and
5310          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
5311     necessary for the protection of the public health, safety, and welfare;
5312          (iii) except as otherwise provided by rule by the commission with the concurrence of
5313     the director, complete a 25-hour course established by rule by the commission with the
5314     concurrence of the director, which is taught by an approved prelicensure course provider, and
5315     which course may include:
5316          (A) construction business practices;
5317          (B) bookkeeping fundamentals;
5318          (C) mechanics lien fundamentals;
5319          (D) other aspects of business and construction principles considered important by the
5320     commission with the concurrence of the director; and
5321          (E) for no additional fee, a provider-administered examination at the end of the
5322     25-hour course;

5323          (iv) complete a five-hour business and law course established by rule by the
5324     commission with the concurrence of the director, which is taught by an approved prelicensure
5325     course provider, if an applicant for licensure as a general building contractor, general
5326     engineering contractor, residential and small commercial contractor, general plumbing
5327     contractor, residential plumbing contractor, general electrical contractor, or residential
5328     electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
5329     completed before July 1, 2019, the applicant does not need to take the business and law course;
5330          (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
5331     license or a licensed master residential electrician if an applicant for a residential electrical
5332     contractor's license;
5333          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
5334     a licensed master residential plumber if an applicant for a residential plumbing contractor's
5335     license; or
5336          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
5337     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
5338          (vi) when the applicant is an unincorporated entity, provide a list of the one or more
5339     individuals who hold an ownership interest in the applicant as of the day on which the
5340     application is filed that includes for each individual:
5341          (A) the individual's name, address, birth date, and social security number; and
5342          (B) whether the individual will engage in a construction trade; and
5343          (f) if an applicant for a construction trades instructor license, satisfy any additional
5344     requirements established by rule.
5345          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
5346     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
5347     evidence of two years full-time paid employment experience as a building inspector, which
5348     shall include at least one year full-time experience as a licensed combination inspector.
5349          (b) The applicant shall file the following with the division before the division issues the
5350     license:
5351          (i) proof of workers' compensation insurance which covers employees of the applicant
5352     in accordance with applicable Utah law;
5353          (ii) proof of public liability insurance in coverage amounts and form established by rule

5354     except for a construction trades instructor for whom public liability insurance is not required;
5355     and
5356          (iii) proof of registration as required by applicable law with the:
5357          (A) Department of Commerce;
5358          (B) Division of Corporations and Commercial Code;
5359          (C) Unemployment Insurance Division in the Department of Workforce Services, for
5360     purposes of Title 35A, Chapter 4, Employment Security Act;
5361          (D) State Tax Commission; and
5362          (E) Internal Revenue Service.
5363          (3) In addition to the general requirements for each applicant in Subsection (1),
5364     applicants shall comply with the following requirements to be licensed in the following
5365     classifications:
5366          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
5367          (A) has been a licensed journeyman plumber for at least two years and had two years of
5368     supervisory experience as a licensed journeyman plumber in accordance with division rule;
5369          (B) has received at least an associate of applied science degree or similar degree
5370     following the completion of a course of study approved by the division and had one year of
5371     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
5372          (C) meets the qualifications for expedited licensure as established by rules made by the
5373     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5374     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5375     and skills to be a licensed master plumber.
5376          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
5377     least four years of practical experience as a licensed apprentice under the supervision of a
5378     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
5379     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
5380     master plumber license under this chapter, and satisfies the requirements of this Subsection
5381     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
5382          (iii) An individual holding a valid plumbing contractor's license or residential
5383     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
5384     2008:

5385          (A) considered to hold a current master plumber license under this chapter if licensed
5386     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
5387     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
5388     58-55-303; and
5389          (B) considered to hold a current residential master plumber license under this chapter if
5390     licensed as a residential plumbing contractor and a residential journeyman plumber, and
5391     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
5392     that license under Section 58-55-303.
5393          (b) A master residential plumber applicant shall produce satisfactory evidence that the
5394     applicant:
5395          (i) has been a licensed residential journeyman plumber for at least two years and had
5396     two years of supervisory experience as a licensed residential journeyman plumber in
5397     accordance with division rule; or
5398          (ii) meets the qualifications for expedited licensure as established by rules made by the
5399     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5400     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5401     and skills to be a licensed master residential plumber.
5402          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
5403          (i) successful completion of the equivalent of at least four years of full-time training
5404     and instruction as a licensed apprentice plumber under supervision of a licensed master
5405     plumber or journeyman plumber and in accordance with a planned program of training
5406     approved by the division;
5407          (ii) at least eight years of full-time experience approved by the division in collaboration
5408     with the Plumbers Licensing Board; or
5409          (iii) meeting the qualifications for expedited licensure as established by rules made by
5410     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5411     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5412     and skills to be a licensed journeyman plumber.
5413          (d) A residential journeyman plumber shall produce satisfactory evidence of:
5414          (i) completion of the equivalent of at least three years of full-time training and
5415     instruction as a licensed apprentice plumber under the supervision of a licensed residential

5416     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
5417     accordance with a planned program of training approved by the division;
5418          (ii) completion of at least six years of full-time experience in a maintenance or repair
5419     trade involving substantial plumbing work; or
5420          (iii) meeting the qualifications for expedited licensure as established by rules made by
5421     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5422     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5423     and skills to be a licensed residential journeyman plumber.
5424          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
5425     in accordance with the following:
5426          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
5427     under the immediate supervision of a licensed master plumber, licensed residential master
5428     plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
5429          (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
5430     apprentice plumber may work without supervision for a period not to exceed eight hours in any
5431     24-hour period; and
5432          (iii) rules made by the commission, with the concurrence of the director, in accordance
5433     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
5434     apprentices allowed under the immediate supervision of a licensed supervisor, including the
5435     ratio of apprentices in their fourth year of training or later that are allowed to be under the
5436     immediate supervision of a licensed supervisor.
5437          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
5438          (i) is a graduate electrical engineer of an accredited college or university approved by
5439     the division and has one year of practical electrical experience as a licensed apprentice
5440     electrician;
5441          (ii) is a graduate of an electrical trade school, having received an associate of applied
5442     sciences degree following successful completion of a course of study approved by the division,
5443     and has two years of practical experience as a licensed journeyman electrician;
5444          (iii) has four years of practical experience as a journeyman electrician; or
5445          (iv) meets the qualifications for expedited licensure as established by rules made by the
5446     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,

5447     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5448     and skills to be a licensed master electrician.
5449          (g) A master residential electrician applicant shall produce satisfactory evidence that
5450     the applicant:
5451          (i) has at least two years of practical experience as a residential journeyman electrician;
5452     or
5453          (ii) meets the qualifications for expedited licensure as established by rules made by the
5454     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5455     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5456     and skills to be a master residential electrician.
5457          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
5458     applicant:
5459          (i) has successfully completed at least four years of full-time training and instruction as
5460     a licensed apprentice electrician under the supervision of a master electrician or journeyman
5461     electrician and in accordance with a planned training program approved by the division;
5462          (ii) has at least eight years of full-time experience approved by the division in
5463     collaboration with the Electricians Licensing Board; or
5464          (iii) meets the qualifications for expedited licensure as established by rules made by the
5465     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5466     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
5467     and skills to be a licensed journeyman electrician.
5468          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
5469     that the applicant:
5470          (i) has successfully completed two years of training in an electrical training program
5471     approved by the division;
5472          (ii) has four years of practical experience in wiring, installing, and repairing electrical
5473     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
5474     journeyman, residential master, or residential journeyman electrician; or
5475          (iii) meets the qualifications for expedited licensure as established by rules made by the
5476     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
5477     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge

5478     and skills to be a licensed residential journeyman electrician.
5479          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
5480     be in accordance with the following:
5481          (i) A licensed apprentice electrician shall be under the immediate supervision of a
5482     licensed master, journeyman, residential master, or residential journeyman electrician;
5483          (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
5484     apprentice electrician may work without supervision for a period not to exceed eight hours in
5485     any 24-hour period;
5486          (iii) rules made by the commission, with the concurrence of the director, in accordance
5487     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
5488     apprentices allowed under the immediate supervision of a licensed supervisor, including the
5489     ratio of apprentices in their fourth year of training or later that are allowed to be under the
5490     immediate supervision of a licensed supervisor; and
5491          (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
5492     residential project, or more if established by rules made by the commission, in concurrence
5493     with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
5494     Act.
5495          (k) An alarm company applicant shall:
5496          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
5497     the applicant who:
5498          (A) demonstrates 6,000 hours of experience in the alarm company business;
5499          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
5500     company business or in a construction business; and
5501          (C) passes an examination component established by rule by the commission with the
5502     concurrence of the director;
5503          (ii) if a corporation, provide:
5504          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
5505     of all corporate officers, directors, and those responsible management personnel employed
5506     within the state or having direct responsibility for managing operations of the applicant within
5507     the state; and
5508          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards

5509     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
5510     shall not be required if the stock is publicly listed and traded;
5511          (iii) if a limited liability company, provide:
5512          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
5513     of all company officers, and those responsible management personnel employed within the
5514     state or having direct responsibility for managing operations of the applicant within the state;
5515     and
5516          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
5517     of all individuals owning 5% or more of the equity of the company;
5518          (iv) if a partnership, provide the names, addresses, dates of birth, social security
5519     numbers, and fingerprint cards of all general partners, and those responsible management
5520     personnel employed within the state or having direct responsibility for managing operations of
5521     the applicant within the state;
5522          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
5523     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
5524     employed within the state or having direct responsibility for managing operations of the
5525     applicant within the state;
5526          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
5527     fingerprint cards of the trustee, and those responsible management personnel employed within
5528     the state or having direct responsibility for managing operations of the applicant within the
5529     state;
5530          [(vii) be of good moral character in that officers, directors, shareholders described in
5531     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
5532     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
5533     crime that when considered with the duties and responsibilities of an alarm company is
5534     considered by the board to indicate that the best interests of the public are served by granting
5535     the applicant a license;]
5536          [(viii)] (vii) document that none of the applicant's officers, directors, shareholders
5537     described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible
5538     management personnel have been declared by any court of competent jurisdiction incompetent
5539     by reason of mental defect or disease and not been restored;

5540          [(ix)] (viii) document that none of the applicant's officers, directors, shareholders
5541     described in Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management
5542     personnel are currently suffering from habitual drunkenness or from drug addiction or
5543     dependence;
5544          [(x)] (ix) file and maintain with the division evidence of:
5545          (A) comprehensive general liability insurance in form and in amounts to be established
5546     by rule by the commission with the concurrence of the director;
5547          (B) workers' compensation insurance that covers employees of the applicant in
5548     accordance with applicable Utah law; and
5549          (C) registration as is required by applicable law with the:
5550          (I) Division of Corporations and Commercial Code;
5551          (II) Unemployment Insurance Division in the Department of Workforce Services, for
5552     purposes of Title 35A, Chapter 4, Employment Security Act;
5553          (III) State Tax Commission; and
5554          (IV) Internal Revenue Service; and
5555          [(xi)] (x) meet with the division and board.
5556          (l) Each applicant for licensure as an alarm company agent shall:
5557          (i) submit an application in a form prescribed by the division accompanied by
5558     fingerprint cards;
5559          (ii) pay a fee determined by the department under Section 63J-1-504;
5560          [(iii) be of good moral character in that the applicant has not been convicted of a
5561     felony, a misdemeanor involving moral turpitude, or any other crime that when considered with
5562     the duties and responsibilities of an alarm company agent is considered by the board to indicate
5563     that the best interests of the public are served by granting the applicant a license;]
5564          [(iv)] (iii) not have been declared by any court of competent jurisdiction incompetent
5565     by reason of mental defect or disease and not been restored;
5566          [(v)] (iv) not be currently suffering from habitual drunkenness or from drug addiction
5567     or dependence; and
5568          [(vi)] (v) meet with the division and board if requested by the division or the board.
5569          (m) (i) Each applicant for licensure as an elevator mechanic shall:
5570          (A) provide documentation of experience and education credits of not less than three

5571     years work experience in the elevator industry, in construction, maintenance, or service and
5572     repair; and
5573          (B) satisfactorily complete a written examination administered by the division
5574     established by rule under Section 58-1-203; or
5575          (C) provide certificates of completion of an apprenticeship program for elevator
5576     mechanics, having standards substantially equal to those of this chapter and registered with the
5577     United States Department of Labor Bureau Apprenticeship and Training or a state
5578     apprenticeship council.
5579          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
5580     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
5581     repairing, or maintaining an elevator, the contractor may:
5582          (I) notify the division of the unavailability of licensed personnel; and
5583          (II) request the division issue a temporary elevator mechanic license to an individual
5584     certified by the contractor as having an acceptable combination of documented experience and
5585     education to perform the work described in this Subsection (3)(m)(ii)(A).
5586          (B) (I) The division may issue a temporary elevator mechanic license to an individual
5587     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
5588     the appropriate fee as determined by the department under Section 63J-1-504.
5589          (II) The division shall specify the time period for which the license is valid and may
5590     renew the license for an additional time period upon its determination that a shortage of
5591     licensed elevator mechanics continues to exist.
5592          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5593     division may make rules establishing when Federal Bureau of Investigation records shall be
5594     checked for applicants as an alarm company or alarm company agent.
5595          (5) [To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
5596     (3)(l)(iii)] For each applicant described in Subsection (3)(k) or (l), the division shall provide an
5597     appropriate number of copies of fingerprint cards to the Department of Public Safety with the
5598     division's request to:
5599          (a) conduct a search of records of the Department of Public Safety for criminal history
5600     information relating to each applicant for licensure as an alarm company or alarm company
5601     agent and each applicant's officers, directors, shareholders described in Subsection

5602     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
5603          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5604     requiring a check of records of the Federal Bureau of Investigation for criminal history
5605     information under this section.
5606          (6) The Department of Public Safety shall send to the division:
5607          (a) a written record of criminal history, or certification of no criminal history record, as
5608     contained in the records of the Department of Public Safety in a timely manner after receipt of
5609     a fingerprint card from the division and a request for review of Department of Public Safety
5610     records; and
5611          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
5612     a timely manner after receipt of information from the Federal Bureau of Investigation.
5613          (7) (a) The division shall charge each applicant for licensure as an alarm company or
5614     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
5615     performing the records reviews under this section.
5616          (b) The division shall pay the Department of Public Safety the costs of all records
5617     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
5618     costs of records reviews under this section.
5619          (8) Information obtained by the division from the reviews of criminal history records of
5620     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
5621     disseminated by the division only for the purpose of determining if an applicant for licensure as
5622     an alarm company or alarm company agent is qualified for licensure.
5623          (9) (a) An application for licensure under this chapter shall be denied if:
5624          (i) the applicant has had a previous license, which was issued under this chapter,
5625     suspended or revoked within two years before the date of the applicant's application;
5626          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
5627          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
5628     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
5629     status, performing similar functions, or directly or indirectly controlling the applicant has
5630     served in any similar capacity with any person or entity which has had a previous license,
5631     which was issued under this chapter, suspended or revoked within two years before the date of
5632     the applicant's application;

5633          (iii) (A) the applicant is an individual or sole proprietorship; and
5634          (B) any owner or agent acting as a qualifier has served in any capacity listed in
5635     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
5636     this chapter, suspended or revoked within two years before the date of the applicant's
5637     application; or
5638          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
5639     an unincorporated entity at the time the entity's license under this chapter was revoked; and
5640          (B) the application for licensure is filed within 60 months after the revocation of the
5641     unincorporated entity's license.
5642          (b) An application for licensure under this chapter shall be reviewed by the appropriate
5643     licensing board prior to approval if:
5644          (i) the applicant has had a previous license, which was issued under this chapter,
5645     suspended or revoked more than two years before the date of the applicant's application;
5646          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
5647          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
5648     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
5649     status, performing similar functions, or directly or indirectly controlling the applicant has
5650     served in any similar capacity with any person or entity which has had a previous license,
5651     which was issued under this chapter, suspended or revoked more than two years before the date
5652     of the applicant's application; or
5653          (iii) (A) the applicant is an individual or sole proprietorship; and
5654          (B) any owner or agent acting as a qualifier has served in any capacity listed in
5655     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
5656     this chapter, suspended or revoked more than two years before the date of the applicant's
5657     application.
5658          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
5659     report with the division every 30 days after the day on which the license is issued if the licensee
5660     has more than five owners who are individuals who:
5661          (A) own an interest in the contractor that is an unincorporated entity;
5662          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
5663     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the

5664     unincorporated entity; and
5665          (C) engage, or will engage, in a construction trade in the state as owners of the
5666     contractor described in Subsection (10)(a)(i)(A).
5667          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
5668     licensee shall provide the ownership status report with an application for renewal of licensure.
5669          (b) An ownership status report required under this Subsection (10) shall:
5670          (i) specify each addition or deletion of an owner:
5671          (A) for the first ownership status report, after the day on which the unincorporated
5672     entity is licensed under this chapter; and
5673          (B) for a subsequent ownership status report, after the day on which the previous
5674     ownership status report is filed;
5675          (ii) be in a format prescribed by the division that includes for each owner, regardless of
5676     the owner's percentage ownership in the unincorporated entity, the information described in
5677     Subsection (1)(e)(vi);
5678          (iii) list the name of:
5679          (A) each officer or manager of the unincorporated entity; and
5680          (B) each other individual involved in the operation, supervision, or management of the
5681     unincorporated entity; and
5682          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
5683     if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
5684          (c) The division may, at any time, audit an ownership status report under this
5685     Subsection (10):
5686          (i) to determine if financial responsibility has been demonstrated or maintained as
5687     required under Section 58-55-306; and
5688          (ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
5689     Subsection 58-55-502(8) or (9).
5690          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
5691     chapter by providing an individual who owns an interest in the unincorporated entity to engage
5692     in a construction trade in Utah shall file with the division:
5693          (i) before the individual who owns an interest in the unincorporated entity engages in a
5694     construction trade in Utah, a current list of the one or more individuals who hold an ownership

5695     interest in the unincorporated entity that includes for each individual:
5696          (A) the individual's name, address, birth date, and social security number; and
5697          (B) whether the individual will engage in a construction trade; and
5698          (ii) every 30 days after the day on which the unincorporated entity provides the list
5699     described in Subsection (11)(a)(i), an ownership status report containing the information that
5700     would be required under Subsection (10) if the unincorporated entity were a licensed
5701     contractor.
5702          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
5703     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
5704     the division in accordance with Section 63J-1-504.
5705          (12) This chapter may not be interpreted to create or support an express or implied
5706     independent contractor relationship between an unincorporated entity described in Subsection
5707     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
5708     withholding.
5709          (13) A social security number provided under Subsection (1)(e)(vi) is a private record
5710     under Subsection 63G-2-302(1)(i).
5711          Section 88. Section 58-55-502 is amended to read:
5712          58-55-502. Unprofessional conduct.
5713          Unprofessional conduct includes:
5714          (1) failing to establish, maintain, or demonstrate financial responsibility while licensed
5715     as a contractor under this chapter;
5716          (2) disregarding or violating through gross negligence or a pattern of negligence:
5717          (a) the building or construction laws of this state or any political subdivision;
5718          (b) the safety and labor laws applicable to a project;
5719          (c) any provision of the health laws applicable to a project;
5720          (d) the workers' compensation insurance laws of this state applicable to a project;
5721          (e) the laws governing withholdings for employee state and federal income taxes,
5722     unemployment taxes, Social Security payroll taxes, or other required withholdings; or
5723          (f) any reporting, notification, and filing laws of this state or the federal government;
5724          (3) any willful, fraudulent, or deceitful act by a licensee, caused by a licensee, or at a
5725     licensee's direction which causes material injury to another;

5726          (4) contract violations that pose a threat or potential threat to the public health, safety,
5727     and welfare including:
5728          (a) willful, deliberate, or grossly negligent departure from or disregard for plans or
5729     specifications, or abandonment or failure to complete a project without the consent of the
5730     owner or the owner's duly authorized representative or the consent of any other person entitled
5731     to have the particular project completed in accordance with the plans, specifications, and
5732     contract terms;
5733          (b) failure to deposit funds to the benefit of an employee as required under any written
5734     contractual obligation the licensee has to the employee;
5735          (c) failure to maintain in full force and effect any health insurance benefit to an
5736     employee that was extended as a part of any written contractual obligation or representation by
5737     the licensee, unless the employee is given written notice of the licensee's intent to cancel or
5738     reduce the insurance benefit at least 45 days before the effective date of the cancellation or
5739     reduction;
5740          (d) failure to reimburse the Residence Lien Recovery Fund as required by Section
5741     38-11-207;
5742          (e) failure to provide, when applicable, the information required by Section 38-11-108;
5743     and
5744          (f) willfully or deliberately misrepresenting or omitting a material fact in connection
5745     with an application to claim recovery from the Residence Lien Recovery Fund under Section
5746     38-11-204;
5747          (5) failing as an alarm company to notify the division of the cessation of performance
5748     of its qualifying agent, or failing to replace its qualifying agent as required under Section
5749     58-55-304;
5750          (6) failing as an alarm company agent to carry or display a copy of the licensee's
5751     license as required under Section 58-55-311;
5752          (7) failing to comply with operating standards established by rule in accordance with
5753     Section 58-55-308;
5754          (8) an unincorporated entity licensed under this chapter having an individual who owns
5755     an interest in the unincorporated entity engage in a construction trade in Utah while not
5756     lawfully present in the United States;

5757          (9) an unincorporated entity failing to provide the following for an individual who
5758     engages, or will engage, in a construction trade in Utah for the unincorporated entity:
5759          (a) workers' compensation coverage to the extent required by Title 34A, Chapter 2,
5760     Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act; and
5761          (b) unemployment compensation in accordance with Title 35A, Chapter 4,
5762     Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
5763     interest in the unincorporated entity, as defined by rule made by the division in accordance with
5764     Title 63G, Chapter 3, Utah Administrative Rulemaking Act; [or]
5765          (10) the failure of an alarm company or alarm company agent to inform a potential
5766     customer, before the customer's purchase of an alarm system or alarm service from the alarm
5767     company, of the policy of the county, city, or town within which the customer resides relating
5768     to priority levels for responding to an alarm signal transmitted by the alarm system that the
5769     alarm company provides the customer[.]; or
5770          (11) failing to continuously maintain insurance and registration as required under
5771     Subsection 58-55-302(2).
5772          Section 89. Section 58-55-503 is amended to read:
5773          58-55-503. Penalty for unlawful conduct -- Citations.
5774          (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
5775     (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (16)(e), (21), (22), (23), (24), (25), (26),
5776     (27), or (28), or Subsection 58-55-504(2), or who fails to comply with a citation issued under
5777     this section after it is final, is guilty of a class A misdemeanor.
5778          (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
5779     individual and does not include a sole proprietorship, joint venture, corporation, limited
5780     liability company, association, or organization of any type.
5781          (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
5782     awarded and may not accept a contract for the performance of the work.
5783          (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
5784     infraction unless the violator did so with the intent to deprive the person to whom money is to
5785     be paid of the money received, in which case the violator is guilty of theft, as classified in
5786     Section 76-6-412.
5787          (3) Grounds for immediate suspension of a licensee's license by the division and the

5788     commission include:
5789          (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
5790     58-55-501, or Subsection 58-55-504(2); and
5791          (b) the failure by a licensee to make application to, report to, or notify the division with
5792     respect to any matter for which application, notification, or reporting is required under this
5793     chapter or rules adopted under this chapter, including:
5794          (i) applying to the division for a new license to engage in a new specialty classification
5795     or to do business under a new form of organization or business structure;
5796          (ii) filing a current financial statement with the division; and
5797          (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
5798          (4) (a) (i) If upon inspection or investigation, the division concludes that a person has
5799     violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
5800     (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24), (25), (26), (27), [or] (28), Subsection
5801     58-55-502(4)(a) or (11), Subsection 58-55-504(2), or any rule or order issued with respect to
5802     these subsections, and that disciplinary action is appropriate, the director or the director's
5803     designee from within the division shall promptly issue a citation to the person according to this
5804     chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person
5805     to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
5806     Administrative Procedures Act.
5807          (ii) A person who is in violation of the provisions of Subsection 58-55-308(2),
5808     Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24),
5809     (25), (26), (27), or (28), or Subsection 58-55-504(2), as evidenced by an uncontested citation, a
5810     stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
5811     assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
5812     to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3),
5813     (9), (10), (12), (16)(e), (18), (20), (21), (24), (25), (26), (27), or (28), or Subsection
5814     58-55-504(2).
5815          (iii) Except for a cease and desist order, the licensure sanctions cited in Section
5816     58-55-401 may not be assessed through a citation.
5817          (b) (i) A citation shall be in writing and describe with particularity the nature of the
5818     violation, including a reference to the provision of the chapter, rule, or order alleged to have

5819     been violated.
5820          (ii) A citation shall clearly state that the recipient must notify the division in writing
5821     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
5822     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
5823          (iii) A citation shall clearly explain the consequences of failure to timely contest the
5824     citation or to make payment of any fines assessed by the citation within the time specified in
5825     the citation.
5826          (c) A citation issued under this section, or a copy of a citation, may be served upon a
5827     person upon whom a summons may be served:
5828          (i) in accordance with the Utah Rules of Civil Procedure;
5829          (ii) personally or upon the person's agent by a division investigator or by a person
5830     specially designated by the director; or
5831          (iii) by mail.
5832          (d) (i) If within 20 calendar days after the day on which a citation is served, the person
5833     to whom the citation was issued fails to request a hearing to contest the citation, the citation
5834     becomes the final order of the division and is not subject to further agency review.
5835          (ii) The period to contest a citation may be extended by the division for cause.
5836          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
5837     the license of a licensee who fails to comply with a citation after the citation becomes final.
5838          (f) The failure of an applicant for licensure to comply with a citation after the citation
5839     becomes final is a ground for denial of license.
5840          (g) A citation may not be issued under this section after the expiration of one year
5841     following the date on which the violation that is the subject of the citation is reported to the
5842     division.
5843          (h) (i) Except as provided in Subsections (4)(h)(ii) and (5), the director or the director's
5844     designee shall assess a fine in accordance with the following:
5845          (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
5846          (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
5847     and
5848          (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
5849     $2,000 for each day of continued offense.

5850          (ii) Except as provided in Subsection (5), if a person violates Subsection
5851     58-55-501(16)(e) or (28), the director or the director's designee shall assess a fine in
5852     accordance with the following:
5853          (A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
5854          (B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $4,000;
5855     and
5856          (C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
5857     $4,000 for each day of continued offense.
5858          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
5859     Subsection (4)(h), an offense constitutes a second or subsequent offense if:
5860          (A) the division previously issued a final order determining that a person committed a
5861     first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
5862     (3), (9), (10), (12), (14), (16)(e), (18), (23), (24), (25), (26), (27), or (28), or Subsection
5863     58-55-504(2); or
5864          (B) (I) the division initiated an action for a first or second offense;
5865          (II) a final order has not been issued by the division in the action initiated under
5866     Subsection (4)(i)(i)(B)(I);
5867          (III) the division determines during an investigation that occurred after the initiation of
5868     the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
5869     violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
5870     (10), (12), (14), (16)(e), (18), (19), (23), (24), (25), (26), (27), (28), or Subsection
5871     58-55-504(2); and
5872          (IV) after determining that the person committed a second or subsequent offense under
5873     Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
5874     Subsection (4)(i)(i)(B)(I).
5875          (ii) In issuing a final order for a second or subsequent offense under Subsection
5876     (4)(i)(i), the division shall comply with the requirements of this section.
5877          (j) In addition to any other licensure sanction or fine imposed under this section, the
5878     division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
5879     two or more times within a 12-month period, unless, with respect to a violation of Subsection
5880     58-55-501(23), the licensee can demonstrate that the licensee successfully verified the federal

5881     legal working status of the individual who was the subject of the violation using a status
5882     verification system, as defined in Section 13-47-102.
5883          (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
5884     for each individual is considered a separate violation.
5885           (5) If a person violates Section 58-55-501, the division may not treat the violation as a
5886     subsequent violation of a previous violation if the violation occurs five years or more after the
5887     day on which the person committed the previous violation.
5888          (6) If, after an investigation, the division determines that a person has committed
5889     multiple of the same type of violation of Section 58-55-501, the division may treat each
5890     violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
5891     each violation.
5892          (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
5893     into the Commerce Service Account created by Section 13-1-2.
5894          (b) A penalty that is not paid may be collected by the director by either referring the
5895     matter to a collection agency or bringing an action in the district court of the county in which
5896     the person against whom the penalty is imposed resides or in the county where the office of the
5897     director is located.
5898          (c) A county attorney or the attorney general of the state shall provide legal assistance
5899     and advice to the director in an action to collect a penalty.
5900          (d) In an action brought to collect a penalty, the court shall award reasonable attorney
5901     fees and costs to the prevailing party.
5902          Section 90. Section 58-56-2 is amended to read:
5903          58-56-2. Chapter administration.
5904          The provisions of this chapter shall be administered by the Division of [Occupational
5905     and] Professional Licensing.
5906          Section 91. Section 58-57-14 is amended to read:
5907          58-57-14. Unlawful conduct -- Penalty.
5908          (1) Beginning January 1, 2007, "unlawful conduct" includes:
5909          (a) using the following titles, names, or initials, if the user is not properly licensed
5910     under this chapter:
5911          (i) respiratory care practitioner;

5912          (ii) respiratory therapist; and
5913          (iii) respiratory technician; and
5914          (b) using any other name, title, or initials that would cause a reasonable person to
5915     believe the user is licensed under this chapter if the user is not properly licensed under this
5916     chapter.
5917          (2) Any person who violates the unlawful conduct provision specifically defined in
5918     Subsection 58-1-501(1)(a) is guilty of a third degree felony.
5919          (3) Any person who violates any of the unlawful conduct provisions specifically
5920     defined in Subsections 58-1-501(1)(b) through (f) and Subsection (1) of this section is guilty of
5921     a class A misdemeanor.
5922          (4) After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures
5923     Act, and Title 58, Chapter 1, Division of [Occupational and] Professional Licensing Act, the
5924     division may assess administrative penalties for acts of unprofessional or unlawful conduct or
5925     any other appropriate administrative action.
5926          Section 92. Section 58-61-704 is amended to read:
5927          58-61-704. Term of license or registration.
5928          (1) (a) The division shall issue each license under this part with a two-year renewal
5929     cycle established by division rule.
5930          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
5931     to stagger the renewal cycles it administers.
5932          (2) At the time of renewal, the licensed individual shall show satisfactory evidence of
5933     renewal requirements as required under this part.
5934          (3) Each license or registration expires on the expiration date shown on the license
5935     unless renewed by the licensed individual in accordance with Section 58-1-308.
5936          (4) (a) A registration as a registered behavior specialist or a registered assistant
5937     behavior specialist:
5938          (i) expires on the day the individual is no longer employed in accordance with
5939     Subsection 58-61-705(5)(d) or (6)(d); and
5940          (ii) may not be renewed.
5941          (b) The Department of Human Services, or an organization contracted with a division
5942     of the Department of Human Services, shall notify the Division of [Occupational and]

5943     Professional Licensing when a person registered under this part is no longer employed as a
5944     registered behavior specialist or a registered assistant behavior specialist.
5945          Section 93. Section 58-63-102 is amended to read:
5946          58-63-102. Definitions.
5947          In addition to the definitions in Section 58-1-102, as used in this chapter:
5948          (1) "Agreement for services" means a written and signed agreement between a security
5949     service provider and a client that:
5950          (a) contains clear language that addresses and assigns financial responsibility;
5951          (b) describes the length, duties, and scope of the security services that will be provided;
5952     and
5953          (c) describes the compensation that will be paid by the client for the security services,
5954     including the compensation for each security officer.
5955          (2) "Armed courier service" means a person engaged in business as a contract security
5956     company who transports or offers to transport tangible personal property from one place or
5957     point to another under the control of an armed security officer employed by that service.
5958          (3) "Armed private security officer" means an individual:
5959          (a) employed by a contract security company;
5960          (b) whose primary duty is:
5961          (i) guarding personal or real property; or
5962          (ii) providing protection or security to the life and well being of humans or animals;
5963     and
5964          (c) who wears, carries, possesses, or has immediate access to a firearm in the
5965     performance of the individual's duties.
5966          (4) "Armored car company" means a person engaged in business under contract to
5967     others who transports or offers to transport tangible personal property, currency, valuables,
5968     jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that
5969     require secured delivery from one place to another under the control of an armored car security
5970     officer employed by the company using a specially equipped motor vehicle offering a high
5971     degree of security.
5972          (5) "Armored car security officer" means an individual:
5973          (a) employed by an armored car company;

5974          (b) whose primary duty is to guard the tangible property, currency, valuables, jewelry,
5975     SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured
5976     delivery from one place to another; and
5977          (c) who wears, carries, possesses, or has immediate access to a firearm in the
5978     performance of the individual's duties.
5979          (6) "Board" means the Security Services Licensing Board created in Section
5980     58-63-201.
5981          (7) "Client" means a person, company, or entity that contracts for and receives security
5982     services from a contract security company or an armored car company.
5983          (8) "Contract security company" means a company that is registered with the Division
5984     of Corporations and Commercial Code and is engaged in business to provide security services
5985     to another person, business, or entity on a contractual basis by assignment of an armed or
5986     unarmed private security officer.
5987          (9) "Corporate officer" means an individual who is on file with the Division of
5988     Corporations and Commercial Code as:
5989          (a) a corporate officer of a contract security company or an armored car company that
5990     is a corporation; or
5991          (b) a sole proprietor of a contract security company or an armored car company that is
5992     not a corporation.
5993          (10) "Financial responsibility," when referring to a contract security company, means
5994     that a contract security company may only provide security services to a client if the contract
5995     security company:
5996          (a) enters into an agreement for services with the client;
5997          (b) maintains a current general liability insurance policy with:
5998          (i) at least an annual $1,000,000 per occurrence limit;
5999          (ii) at least an annual $2,000,000 aggregate limit; and
6000          (iii) the following riders:
6001          (A) general liability;
6002          (B) assault and battery;
6003          (C) personal injury;
6004          (D) false arrest;

6005          (E) libel and slander;
6006          (F) invasion of privacy;
6007          (G) broad form property damage;
6008          (H) damage to property in the care, custody, or control of the security service provider;
6009     and
6010          (I) errors and omissions;
6011          (c) maintains a workers' compensation insurance policy with at least a $1,000,000 per
6012     occurrence limit and that covers each security officer employed by the contract security
6013     company; and
6014          (d) maintains a federal employer identification number and an unemployment
6015     insurance employer account as required under state and federal law.
6016          (11) "Identification card" means a personal pocket or wallet size card issued by the
6017     division to each armored car and armed or unarmed private security officer licensed under this
6018     chapter.
6019          (12) "Law enforcement agency" means the same as that term is defined in Section
6020     53-1-102.
6021          (13) "Owner" means an individual who is listed with the Division of Corporations and
6022     Commercial Code as a majority stockholder of a company, a general partner of a partnership,
6023     or the proprietor of a sole proprietorship.
6024          (14) "Peace officer" means a person who:
6025          (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
6026     Classifications; and
6027          (b) derives total or special law enforcement powers from, and is an employee of, the
6028     federal government, the state, or a political subdivision, agency, department, branch, or service
6029     of either, of a municipality, or a unit of local government.
6030          (15) "Regular basis" means at least 20 hours per month.
6031          (16) "Responsible management personnel" means an individual who is responsible for
6032     managing an applicant's operations.
6033          [(16)] (17) (a) "Security officer" means an individual who is licensed as an armed or
6034     unarmed private security officer under this chapter and who:
6035          (i) is employed by a contract security company securing, guarding, or otherwise

6036     protecting tangible personal property, real property, or the life and well being of human or
6037     animal life against:
6038          (A) trespass or other unlawful intrusion or entry;
6039          (B) larceny;
6040          (C) vandalism or other abuse;
6041          (D) arson or other criminal activity; or
6042          (E) personal injury caused by another person or as a result of an act or omission by
6043     another person;
6044          (ii) is controlling, regulating, or directing the flow of movements of an individual or
6045     vehicle; or
6046          (iii) providing street patrol service.
6047          (b) "Security officer" does not include an individual whose duties include taking
6048     admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
6049     materials of individuals who are entering a sports venue, concert venue, theatrical venue,
6050     convention center, fairgrounds, public assembly facility, or mass gathering location if:
6051          (i) the individual carries out these duties without the use of specialized equipment;
6052          (ii) the authority of the individual is limited to denying entry or passage of another
6053     individual into or within the facility; and
6054          (iii) the individual is not authorized to use physical force in the performance of the
6055     individual's duties under this Subsection [(16)] (17)(b).
6056          [(17)] (18) "Security service provider" means a contract security company or an
6057     armored car company licensed under this chapter.
6058          [(18)] (19) "Security system" means equipment, a device, or an instrument installed
6059     for:
6060          (a) detecting and signaling entry or intrusion by an individual into or onto, or exit from
6061     the premises protected by the system; or
6062          (b) signaling the commission of criminal activity at the election of an individual having
6063     control of the features of the security system.
6064          [(19)] (20) "Specialized resource, motor vehicle, or equipment" means an item of
6065     tangible personal property specifically designed for use in law enforcement or in providing
6066     security or guard services, or that is specially equipped with a device or feature designed for

6067     use in providing law enforcement, security, or guard services, but does not include:
6068          (a) standardized clothing, whether or not bearing a company name or logo, if the
6069     clothing does not bear the words "security" or "guard"; or
6070          (b) an item of tangible personal property, other than a firearm or nonlethal weapon, that
6071     may be used without modification in providing security or guard services.
6072          [(20)] (21) "Street patrol service" means a contract security company that provides
6073     patrols by means of foot, vehicle, or other method of transportation using public streets,
6074     thoroughfares, or property in the performance of the company's duties and responsibilities.
6075          [(21)] (22) "Unarmed private security officer" means an individual:
6076          (a) employed by a contract security company;
6077          (b) whose primary duty is guarding personal or real property or providing protection or
6078     security to the life and well being of humans or animals;
6079          (c) who does not wear, carry, possess, or have immediate access to a firearm in the
6080     performance of the individual's duties; and
6081          (d) who wears clothing of distinctive design or fashion bearing a symbol, badge,
6082     emblem, insignia, or other device that identifies the individual as a security officer.
6083          [(22)] (23) "Unlawful conduct" means the same as that term is defined in Sections
6084     58-1-501 and 58-63-501.
6085          [(23)] (24) "Unprofessional conduct" means the same as that term is defined in
6086     Sections 58-1-501 and 58-63-502 and as may be further defined by rule.
6087          Section 94. Section 58-63-302 is amended to read:
6088          58-63-302. Qualifications for licensure.
6089          (1) Each applicant for licensure as an armored car company or a contract security
6090     company shall:
6091          (a) submit an application in a form prescribed by the division;
6092          (b) pay a fee determined by the department under Section 63J-1-504;
6093          (c) have a qualifying agent who:
6094          (i) shall meet with the division and the board and demonstrate that the applicant and
6095     the qualifying agent meet the requirements of this section;
6096          (ii) is a resident of the state and is [a corporate officer] responsible management
6097     personnel or an owner of the applicant;

6098          (iii) exercises material day-to-day authority in the conduct of the applicant's business
6099     by making substantive technical and administrative decisions and whose primary employment
6100     is with the applicant;
6101          (iv) is not concurrently acting as a qualifying agent or employee of another armored car
6102     company or contract security company and is not engaged in any other employment on a
6103     regular basis;
6104          (v) is not involved in any activity that would conflict with the qualifying agent's duties
6105     and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
6106     performance under this chapter does not jeopardize the health or safety of the general public;
6107          (vi) is not an employee of a government agency;
6108          (vii) passes an examination component established by rule by the division in
6109     collaboration with the board; and
6110          (viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
6111     supervisor, or administrator of an armored car company or a contract security company; or
6112          (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
6113     collaboration with the board with a federal, United States military, state, county, or municipal
6114     law enforcement agency;
6115          (d) if a corporation, provide:
6116          (i) the names, addresses, dates of birth, and social security numbers of all corporate
6117     officers, directors, and [those] responsible management personnel [employed within the state or
6118     having direct responsibility for managing operations of the applicant within the state]; and
6119          (ii) the names, addresses, dates of birth, and social security numbers, of all
6120     shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
6121     the division if the stock is publicly listed and traded;
6122          (e) if a limited liability company, provide:
6123          (i) the names, addresses, dates of birth, and social security numbers of all company
6124     officers, and [those] responsible management personnel [employed within the state or having
6125     direct responsibility for managing operations of the applicant within the state]; and
6126          (ii) the names, addresses, dates of birth, and social security numbers of all individuals
6127     owning 5% or more of the equity of the company;
6128          (f) if a partnership, provide the names, addresses, dates of birth, and social security

6129     numbers of all general partners, and [those] responsible management personnel [employed
6130     within the state or having direct responsibility for managing operations of the applicant within
6131     the state];
6132          (g) if a proprietorship, provide the names, addresses, dates of birth, and social security
6133     numbers of the proprietor, and [those] responsible management personnel [employed within
6134     the state or having direct responsibility for managing operations of the applicant within the
6135     state];
6136          (h) have good moral character in that officers, directors, shareholders described in
6137     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
6138     been convicted of:
6139          (i) a felony;
6140          (ii) a misdemeanor involving moral turpitude; or
6141          (iii) a crime that when considered with the duties and responsibilities of a contract
6142     security company or an armored car company by the division and the board indicates that the
6143     best interests of the public are not served by granting the applicant a license;
6144          (i) document that none of the applicant's officers, directors, shareholders described in
6145     Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
6146          (i) have been declared by a court of competent jurisdiction incompetent by reason of
6147     mental defect or disease and not been restored; and
6148          (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
6149          (j) file and maintain with the division evidence of:
6150          (i) comprehensive general liability insurance in a form and in amounts established by
6151     rule by the division in collaboration with the board;
6152          (ii) workers' compensation insurance that covers employees of the applicant in
6153     accordance with applicable Utah law;
6154          (iii) registration with the Division of Corporations and Commercial Code; and
6155          (iv) registration as required by applicable law with the:
6156          (A) Unemployment Insurance Division in the Department of Workforce Services, for
6157     purposes of Title 35A, Chapter 4, Employment Security Act;
6158          (B) State Tax Commission; and
6159          (C) Internal Revenue Service; and

6160          (k) meet with the division and board if requested by the division or board.
6161          (2) Each applicant for licensure as an armed private security officer shall:
6162          (a) submit an application in a form prescribed by the division;
6163          (b) pay a fee determined by the department under Section 63J-1-504;
6164          (c) have good moral character in that the applicant has not been convicted of:
6165          (i) a felony;
6166          (ii) a misdemeanor involving moral turpitude; or
6167          (iii) a crime that when considered with the duties and responsibilities of an armed
6168     private security officer by the division and the board indicates that the best interests of the
6169     public are not served by granting the applicant a license;
6170          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
6171     922(g);
6172          (e) not have been declared incompetent by a court of competent jurisdiction by reason
6173     of mental defect or disease and not been restored;
6174          (f) not be currently suffering from habitual drunkenness or from drug addiction or
6175     dependence;
6176          (g) successfully complete basic education and training requirements established by rule
6177     by the division in collaboration with the board, which shall include a minimum of eight hours
6178     of classroom or online curriculum;
6179          (h) successfully complete firearms training requirements established by rule by the
6180     division in collaboration with the board, which shall include a minimum of 12 hours of
6181     training;
6182          (i) pass the examination requirement established by rule by the division in
6183     collaboration with the board; and
6184          (j) meet with the division and board if requested by the division or the board.
6185          (3) Each applicant for licensure as an unarmed private security officer shall:
6186          (a) submit an application in a form prescribed by the division;
6187          (b) pay a fee determined by the department under Section 63J-1-504;
6188          (c) have good moral character in that the applicant has not been convicted of:
6189          (i) a felony;
6190          (ii) a misdemeanor involving moral turpitude; or

6191          (iii) a crime that when considered with the duties and responsibilities of an unarmed
6192     private security officer by the division and the board indicates that the best interests of the
6193     public are not served by granting the applicant a license;
6194          (d) not have been declared incompetent by a court of competent jurisdiction by reason
6195     of mental defect or disease and not been restored;
6196          (e) not be currently suffering from habitual drunkenness or from drug addiction or
6197     dependence;
6198          (f) successfully complete basic education and training requirements established by rule
6199     by the division in collaboration with the board, which shall include a minimum of eight hours
6200     of classroom or online curriculum;
6201          (g) pass the examination requirement established by rule by the division in
6202     collaboration with the board; and
6203          (h) meet with the division and board if requested by the division or board.
6204          (4) Each applicant for licensure as an armored car security officer shall:
6205          (a) submit an application in a form prescribed by the division;
6206          (b) pay a fee determined by the department under Section 63J-1-504;
6207          (c) have good moral character in that the applicant has not been convicted of:
6208          (i) a felony;
6209          (ii) a misdemeanor involving moral turpitude; or
6210          (iii) a crime that when considered with the duties and responsibilities of an armored car
6211     security officer by the division and the board indicates that the best interests of the public are
6212     not served by granting the applicant a license;
6213          (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
6214     922(g);
6215          (e) not have been declared incompetent by a court of competent jurisdiction by reason
6216     of mental defect or disease and not been restored;
6217          (f) not be currently suffering from habitual drunkenness or from drug addiction or
6218     dependence;
6219          (g) successfully complete basic education and training requirements established by rule
6220     by the division in collaboration with the board;
6221          (h) successfully complete firearms training requirements established by rule by the

6222     division in collaboration with the board;
6223          (i) pass the examination requirements established by rule by the division in
6224     collaboration with the board; and
6225          (j) meet with the division and board if requested by the division or the board.
6226          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6227     division may make a rule establishing when the division shall request a Federal Bureau of
6228     Investigation records' review for an applicant who is applying for licensure or licensure renewal
6229     under this chapter.
6230          (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
6231     (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
6232     cards to the Department of Public Safety with the division's request to:
6233          (a) conduct a search of records of the Department of Public Safety for criminal history
6234     information relating to each applicant for licensure under this chapter and each applicant's
6235     officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
6236     responsible management personnel; and
6237          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
6238     requiring a check of records of the FBI for criminal history information under this section.
6239          (7) The Department of Public Safety shall send the division:
6240          (a) a written record of criminal history, or certification of no criminal history record, as
6241     contained in the records of the Department of Public Safety in a timely manner after receipt of
6242     a fingerprint card from the division and a request for review of Department of Public Safety
6243     records; and
6244          (b) the results of the FBI review concerning an applicant in a timely manner after
6245     receipt of information from the FBI.
6246          (8) (a) The division shall charge each applicant a fee, in accordance with Section
6247     63J-1-504, equal to the cost of performing the records reviews under this section.
6248          (b) The division shall pay the Department of Public Safety the costs of all records
6249     reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
6250     under this chapter.
6251          (9) The division shall use or disseminate the information it obtains from the reviews of
6252     criminal history records of the Department of Public Safety and the FBI only to determine if an

6253     applicant for licensure or licensure renewal under this chapter is qualified for licensure.
6254          Section 95. Section 58-67-503 is amended to read:
6255          58-67-503. Penalties and administrative actions for unlawful and unprofessional
6256     conduct.
6257          (1) Any person who violates the unlawful conduct provisions of Section 58-67-501 or
6258     Section 58-1-501 is guilty of a third degree felony.
6259          (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6260     conduct by:
6261          (i) assessing administrative penalties; or
6262          (ii) taking other appropriate administrative action.
6263          (b) A monetary administrative penalty imposed under this section shall be deposited
6264     [in] into the Physician Education Fund created in Section 58-67a-1.
6265          (3) If a licensee has been convicted of unlawful conduct, described in Section
6266     58-67-501, before an administrative proceeding regarding the same conduct, the division may
6267     not assess an additional administrative fine under this chapter for the same conduct.
6268          (4) (a) If the division concludes that an individual has violated provisions of Section
6269     58-67-501, Section 58-67-502, Chapter 1, Division of [Occupational and] Professional
6270     Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with
6271     respect to these provisions, and disciplinary action is appropriate, the director or director's
6272     designee shall:
6273          (i) issue a citation to the individual;
6274          (ii) attempt to negotiate a stipulated settlement; or
6275          (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6276     Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6277     appear.
6278          (b) The division may take the following action against an individual who is in violation
6279     of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6280     stipulated settlement, or a finding of violation in an adjudicative proceeding:
6281          (i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
6282     ongoing violation, whichever is greater, in accordance with a fine schedule established by rule;
6283     or

6284          (ii) order to cease and desist from the behavior that constitutes a violation of the
6285     provisions described in Subsection (4)(a).
6286          (c) An individual's license may not be suspended or revoked through a citation.
6287          (d) Each citation issued under this section shall:
6288          (i) be in writing;
6289          (ii) clearly describe or explain:
6290          (A) the nature of the violation, including a reference to the provision of the chapter,
6291     rule, or order alleged to have been violated;
6292          (B) that the recipient must notify the division in writing within 20 calendar days from
6293     the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6294     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6295          (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6296     the citation within the time specified in the citation; and
6297          (iii) be served in accordance with the Utah Rules of Civil Procedure.
6298          (e) If the individual to whom the citation is issued fails to request a hearing to contest
6299     the citation within 20 calendar days from the day on which the citation is served, the citation
6300     becomes the final order of the division and is not subject to further agency review. The period
6301     to contest the citation may be extended by the division for cause.
6302          (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6303     the license of an individual who fails to comply with a citation after the citation becomes final.
6304          (g) The failure of an applicant for licensure to comply with a citation after it becomes
6305     final is a ground for denial of license.
6306          (h) No citation may be issued under this section after the expiration of one year
6307     following the date on which the violation that is the subject of the citation is reported to the
6308     division.
6309          (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6310          (i) referring the matter to a collection agency; or
6311          (ii) bringing an action in the district court of the county where the person against whom
6312     the penalty is imposed resides or in the county where the office of the director is located.
6313          (b) A county attorney or the attorney general of the state shall provide legal assistance
6314     and advice to the director in an action to collect a penalty.

6315          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6316     action brought by the division to collect a penalty.
6317          Section 96. Section 58-68-503 is amended to read:
6318          58-68-503. Penalties and administrative actions for unlawful and unprofessional
6319     conduct.
6320          (1) Any person who violates the unlawful conduct provisions of Section 58-68-501 or
6321     Section 58-1-501 is guilty of a third degree felony.
6322          (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6323     conduct by:
6324          (i) assessing administrative penalties; or
6325          (ii) taking any other appropriate administrative action.
6326          (b) A monetary administrative penalty imposed under this section shall be deposited
6327     [in] into the Physician Education Fund described in Section 58-67a-1.
6328          (3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501,
6329     before an administrative proceeding regarding the same conduct, the licensee may not be
6330     assessed an administrative fine under this chapter for the same conduct.
6331          (4) (a) If the division concludes that an individual has violated the provisions of
6332     Section 58-68-501, Section 58-68-502, Chapter 1, Division of [Occupational and] Professional
6333     Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with
6334     respect to these provisions, and disciplinary action is appropriate, the director or director's
6335     designee shall:
6336          (i) issue a citation to the individual;
6337          (ii) attempt to negotiate a stipulated settlement; or
6338          (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6339     Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6340     appear.
6341          (b) The division may take the following action against an individual who is in violation
6342     of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6343     stipulated settlement, or a finding of violation in an adjudicative proceeding:
6344          (i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
6345     violation, whichever is greater, in accordance with a fine schedule established by rule; or

6346          (ii) order to cease and desist from the behavior that constitutes a violation of provisions
6347     described in Subsection (4)(a).
6348          (c) Except for an administrative fine and a cease and desist order, the licensure
6349     sanctions cited in Section 58-1-401 may not be assessed through a citation.
6350          (d) Each citation issued under this section shall:
6351          (i) be in writing;
6352          (ii) clearly describe or explain:
6353          (A) the nature of the violation, including a reference to the provision of the chapter,
6354     rule, or order alleged to have been violated;
6355          (B) that the recipient must notify the division in writing within 20 calendar days from
6356     the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6357     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6358          (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6359     the citation within the time specified in the citation; and
6360          (iii) be served in accordance with the requirements of the Utah Rules of Civil
6361     Procedure.
6362          (e) If the individual to whom the citation is issued fails to request a hearing to contest
6363     the citation within 20 calendar days from the day on which the citation is served, the citation
6364     becomes the final order of the division and is not subject to further agency review. The period
6365     to contest the citation may be extended by the division for cause.
6366          (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6367     the license of an individual who fails to comply with a citation after the citation becomes final.
6368          (g) The failure of an applicant for licensure to comply with a citation after it becomes
6369     final is a ground for denial of a license.
6370          (h) No citation may be issued under this section after the expiration of one year
6371     following the date on which the violation that is the subject of the citation is reported to the
6372     division.
6373          (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6374          (i) referring the matter to a collection agency; or
6375          (ii) bringing an action in the district court of the county where the person against whom
6376     the penalty is imposed resides or in the county where the office of the director is located.

6377          (b) A county attorney or the attorney general of the state shall provide legal assistance
6378     and advice to the director in an action to collect a penalty.
6379          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6380     action brought by the division to collect a penalty.
6381          Section 97. Section 58-71-402 is amended to read:
6382          58-71-402. Authority to assess penalty.
6383          (1) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act,
6384     and Title 58, Chapter 1, Division of [Occupational and] Professional Licensing Act, the
6385     division may impose administrative penalties of up to $10,000 for acts of unprofessional
6386     conduct or unlawful conduct under this chapter.
6387          (2) Assessment of a penalty under this section does not affect any other action the
6388     division is authorized to take regarding a license issued under this chapter.
6389          Section 98. Section 58-73-302 is amended to read:
6390          58-73-302. Qualifications for licensure.
6391          (1) Each applicant for licensure as a chiropractic physician, other than those applying
6392     for a license based on licensure as a chiropractor or chiropractic physician in another
6393     jurisdiction, shall:
6394          (a) submit an application in a form prescribed by the division;
6395          (b) pay a fee determined by the department under Section 63J-1-504;
6396          (c) demonstrate satisfactory completion of at least two years of general study in a
6397     college or university;
6398          (d) demonstrate having earned a degree of doctor of chiropractic from a chiropractic
6399     college or university that at the time the degree was conferred was accredited by the Council on
6400     Chiropractic Education, Inc., or an equivalent chiropractic accrediting body recognized by the
6401     United States Department of Education and by the division rule made in collaboration with the
6402     board;
6403          (e) demonstrate successful completion of:
6404          (i) the National Chiropractic Boards:
6405          (A) Parts I and II;
6406          (B) Written Clinical Competency Examination; and
6407          (C) [Physical Therapy] Physiotherapy;

6408          (ii) the Utah Chiropractic Law and Rules Examination; and
6409          (iii) a practical examination approved by the division in collaboration with the board;
6410     and
6411          (f) meet with the board, if requested, for the purpose of reviewing the applicant's
6412     qualifications for licensure.
6413          (2) Each applicant for licensure as a chiropractic physician based on licensure as a
6414     chiropractor or chiropractic physician in another jurisdiction shall:
6415          (a) submit an application in the form prescribed by the division;
6416          (b) pay a fee determined by the department under Section 63J-1-504;
6417          (c) demonstrate having obtained licensure as a chiropractor or chiropractic physician in
6418     another state under education requirements which were equivalent to the education
6419     requirements in this state to obtain a chiropractor or chiropractic physician license at the time
6420     the applicant obtained the license in the other state;
6421          (d) demonstrate successful completion of:
6422          (i) the Utah Chiropractic Law and Rules Examination; and
6423          (ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
6424     of Chiropractic Examiners;
6425          (e) have been actively engaged in the practice of chiropractic for not less than two
6426     years immediately preceding application for licensure in this state; and
6427          (f) meet with the board, if requested, for the purpose of reviewing the applicant's
6428     qualifications for licensure.
6429          Section 99. Section 58-73-501 is amended to read:
6430          58-73-501. Unprofessional conduct.
6431          Unprofessional conduct is as defined in Section 58-1-501, as defined by division rule,
6432     and also includes:
6433          (1) engaging in practice as a chiropractic physician after electing to place his license on
6434     inactive status, without having established with the board that he has initiated or completed
6435     continuing education necessary to reinstate active status of his license;
6436          (2) failing to complete required continuing professional education;
6437          (3) violating any of the scope of practice standards set forth in Section 58-73-601;
6438          (4) failing to maintain patient records in sufficient detail to clearly substantiate a

6439     diagnosis, all treatment rendered to the patient in accordance with the recognized standard of
6440     chiropractic care, and fees charged for professional services;
6441          (5) refusing to divulge to the division on demand the means, methods, device, or
6442     instrumentality used in the treatment of a disease, injury, ailment, or infirmity, unless that
6443     information is protected by the physician-patient privilege of Utah and the patient has not
6444     waived that privilege;
6445          (6) refusing the division or [its] the division's employees access to his office,
6446     instruments, laboratory equipment, appliances, or supplies at reasonable times for purposes of
6447     inspection;
6448          (7) fraudulently representing that curable disease, sickness, or injury can be cured in a
6449     stated time, or knowingly making any false statement in connection with the practice of
6450     chiropractic;
6451          (8) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, or
6452     infirmity by a secret means, method, device, or instrumentality;
6453          (9) willfully and intentionally making any false statement or entry in any chiropractic
6454     office records or other chiropractic records or reports;
6455          (10) knowingly engaging in billing practices which are abusive and represent charges
6456     which are fraudulent or grossly excessive for services rendered;
6457          (11) performing, procuring, or agreeing to procure or perform, or advising, aiding in or
6458     abetting, or offering or attempting to procure or aid or abet in the procuring of a criminal
6459     abortion;
6460          (12) willfully betraying or disclosing a professional confidence or violation of a
6461     privileged communication, except:
6462          (a) as required by law; or
6463          (b) to assist the division by fully and freely exchanging information concerning
6464     applicants or licensees with the licensing or disciplinary boards of other states or foreign
6465     countries, the Utah chiropractic associations, their component societies, or chiropractic
6466     societies of other states, countries, districts, territories, or foreign countries;
6467          (13) directly or indirectly giving or receiving any fee, commission, rebate, or other
6468     compensation for professional services not actually rendered or supervised, but this subsection
6469     does not preclude the legal relationships within lawful professional partnerships, corporations,

6470     or associations; [and]
6471          (14) knowingly failing to transfer a copy of pertinent and necessary medical records or
6472     a summary of them to another physician when requested to do so by the subject patient or his
6473     designated representative[.];
6474          (15) making a false entry in, or altering, a medical record with the intent to conceal:
6475          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
6476     or an individual under the direction or control of an individual licensed under this chapter; or
6477          (b) conduct described in Subsections (1) through (14) or Subsection 58-1-501(1);
6478          (16) sharing professional fees with a person who is not licensed under this chapter; and
6479          (17) paying a person for a patient referral.
6480          Section 100. Section 58-83-102 is amended to read:
6481          58-83-102. Definitions.
6482          In addition to the definitions in Section 58-1-102, as used in this chapter:
6483          (1) "Board" means the Online Prescribing, Dispensing, and Facilitation Licensing
6484     Board created in Section 58-83-201.
6485          (2) "Branching questionnaire" means an adaptive and progressive assessment tool
6486     approved by the board.
6487          (3) "Delivery of online pharmaceutical services" means the process in which a
6488     prescribing practitioner diagnoses a patient and prescribes one or more of the drugs authorized
6489     by Section 58-83-306, using:
6490          (a) a branching questionnaire or other assessment tool approved by the division for the
6491     purpose of diagnosing and assessing a patient's health status;
6492          (b) an Internet contract pharmacy to:
6493          (i) dispense the prescribed drug; or
6494          (ii) transfer the prescription to another pharmacy; and
6495          (c) an Internet facilitator to facilitate the practices described in Subsections (3)(a) and
6496     (b).
6497          (4) "Division" means the [Utah] Division of [Occupational and] Professional
6498     Licensing.
6499          (5) "Internet facilitator" means a licensed provider of a web-based system for electronic
6500     communication between and among an online prescriber, the online prescriber's patient, and

6501     the online contract pharmacy.
6502          (6) "Online contract pharmacy" means a pharmacy licensed and in good standing under
6503     Chapter 17b, Pharmacy Practice Act, as either a Class A Retail Pharmacy or a Class B Closed
6504     Door Pharmacy and licensed under this chapter to fulfill prescriptions issued by an online
6505     prescriber through a specific Internet facilitator.
6506          (7) "Online prescriber" means a person:
6507          (a) licensed under another chapter of this title;
6508          (b) whose license under another chapter of this title includes assessing, diagnosing, and
6509     prescribing authority for humans; and
6510          (c) who has obtained a license under this chapter to engage in online prescribing.
6511          (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-83-501.
6512          (9) "Unprofessional conduct" is as defined in Sections 58-1-203 and 58-83-502, and as
6513     further defined by the division in accordance with Title 63G, Chapter 3, Utah Administrative
6514     Rulemaking Act.
6515          Section 101. Section 58-83-302 is amended to read:
6516          58-83-302. Qualifications for licensure.
6517          (1) Each applicant for licensure as an online prescriber under this chapter shall:
6518          (a) submit an application in a form prescribed by the division;
6519          (b) pay a fee determined by the department under Section 63J-1-504;
6520          [(c) be of good moral character;]
6521          [(d)] (c) document that the applicant holds a Utah license that is active and in good
6522     standing and authorizes the licensee to engage in the assessment, diagnosis, and treatment of
6523     human ailments and the prescription of medications;
6524          [(e)] (d) document that any other professional license the applicant possesses from
6525     other jurisdictions is in good standing;
6526          [(f)] (e) (i) submit to the division an outline of the applicant's proposed online
6527     assessment, diagnosis, and prescribing tool, such as a branching questionnaire; and
6528          (ii) demonstrate the proposed online assessment, diagnosis, and prescribing tool to the
6529     board and establish to the board's satisfaction that the utilization of that assessment tool to
6530     facilitate the prescription of the drugs approved for online prescribing under Section 58-83-305
6531     does not compromise the public's health, safety, or welfare;

6532          [(g)] (f) submit policies and procedures that address patient confidentiality, including
6533     measures that will be taken to ensure that the age and other identifying information of the
6534     person completing the online branching questionnaire are accurate;
6535          [(h)] (g) describe the mechanism by which the online prescriber and patient will
6536     communicate with one another, including electronic and telephonic communication;
6537          [(i)] (h) describe how the online prescriber/patient relationship will be established and
6538     maintained;
6539          [(j)] (i) submit the name, address, and contact person of the Internet facilitator with
6540     whom the online prescriber has contracted to provide services that the online prescriber will
6541     use to engage in online assessment, diagnosis, and prescribing; and
6542          [(k)] (j) submit documentation satisfactory to the board regarding public health, safety,
6543     and welfare demonstrating:
6544          (i) how the online prescriber will comply with the requirements of Section 58-83-305;
6545          (ii) the contractual services arrangement between the online prescriber and:
6546          (A) the Internet facilitator; and
6547          (B) the online contract pharmacy; and
6548          (iii) how the online prescriber will allow and facilitate the division's ability to conduct
6549     audits in accordance with Section 58-83-308.
6550          (2) An online prescriber may not use the services of an Internet facilitator or online
6551     contract pharmacy whose license is not active and in good standing.
6552          (3) Each applicant for licensure as an online contract pharmacy under this chapter
6553     shall:
6554          (a) be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class B
6555     Closed Door Pharmacy;
6556          (b) submit a written application in the form prescribed by the division;
6557          (c) pay a fee as determined by the department under Section 63J-1-504;
6558          (d) submit any contract between the applicant and the Internet facilitator with which
6559     the applicant is or will be affiliated;
6560          (e) submit proof of liability insurance acceptable to the division that expressly covers
6561     all activities the online contract pharmacy will engage in under this chapter, which coverage
6562     shall be in a minimum amount of $1,000,000 per occurrence with a policy limit of not less than

6563     $3,000,000;
6564          (f) submit a signed affidavit to the division attesting that the online contract pharmacy
6565     will not dispense a drug that is prescribed by an online prescriber engaged in the delivery of
6566     online pharmaceutical services under the provisions of this chapter unless:
6567          (i) the drug is specifically approved by the division under Section 58-83-306; and
6568          (ii) both the prescribing and the dispensing of the drug were facilitated by the Internet
6569     facilitator with whom the Internet contract pharmacy is associated under Subsection
6570     [58-83-302](3)(d);
6571          (g) document that any other professional license the applicant possesses from other
6572     jurisdictions is active and in good standing; and
6573          (h) demonstrate to the division that the applicant has satisfied any background check
6574     required by Section 58-17b-307, and each owner, officer, or manager of the applicant online
6575     contract pharmacy has not engaged in any act, practice, or omission, which when considered
6576     with the duties and responsibilities of a licensee under this chapter indicates there is cause to
6577     believe that issuing a license under this chapter is inconsistent with the public's health, safety,
6578     or welfare.
6579          (4) Each applicant for licensure as an Internet facilitator under this chapter shall:
6580          (a) submit a written application in the form prescribed by the division;
6581          (b) pay a fee as determined by the department under Section 63J-1-504;
6582          (c) submit any contract between the applicant and the following with which the
6583     applicant will be affiliated:
6584          (i) each online prescriber; and
6585          (ii) the single online contract pharmacy;
6586          (d) submit written policies and procedures satisfactory to the division that:
6587          (i) address patient privacy, including compliance with 45 C.F.R. Parts 160, 162, and
6588     164, Health Insurance Portability and Accountability Act of 1996;
6589          (ii) ensure compliance with all applicable laws by health care personnel and the online
6590     prescriber who will process patient communications;
6591          (iii) list the hours of operation;
6592          (iv) describe the types of services that will be permitted electronically;
6593          (v) describe the required patient information to be included in the communication, such

6594     as patient name, identification number, and type of transaction;
6595          (vi) establish procedures for archiving and retrieving information; and
6596          (vii) establish quality oversight mechanisms;
6597          (e) submit written documentation of the applicant's security measures to ensure the
6598     confidentiality and integrity of any user-identifiable medical information;
6599          (f) submit a description of the mechanism for:
6600          (i) patients to access, supplement, and amend patient-provided personal health
6601     information;
6602          (ii) back-up regarding the Internet facilitator electronic interface;
6603          (iii) the quality of information and services provided via the interface; and
6604          (iv) patients to register complaints regarding the Internet facilitator, the online
6605     prescriber, or the online contract pharmacy;
6606          (g) submit a copy of the Internet facilitator's website;
6607          (h) sign an affidavit attesting that:
6608          (i) the applicant will not access any medical records or information contained in the
6609     medical record except as necessary to administer the website and the branching questionnaire;
6610     and
6611          (ii) the applicant and its principals, and any entities affiliated with them, will only use
6612     the services of a single online contract pharmacy named on the license approved by the
6613     division; and
6614          (i) submit any other information required by the division.
6615          Section 102. Section 58-83-401 is amended to read:
6616          58-83-401. Grounds for denial of license -- Disciplinary proceedings --
6617     Termination of authority to prescribe -- Immediate and significant danger.
6618          (1) Grounds for refusing to issue a license to an applicant, for refusing to renew the
6619     license of a licensee, for revoking, suspending, restricting, or placing on probation the license
6620     of a licensee, for issuing a public reprimand to a licensee, and for issuing a cease and desist
6621     order:
6622          (a) shall be in accordance with Section 58-1-401; and
6623          (b) includes:
6624          (i) prescribing, dispensing, or facilitating the prescribing or dispensing of a drug not

6625     approved by the board under Section 58-83-306; or
6626          (ii) any other violation of this chapter.
6627          (2) The termination or expiration of a license under this chapter for any reason does not
6628     limit the division's authority to start or continue any investigation or adjudicative proceeding.
6629          (3) (a) Because of the working business relationship between and among the online
6630     prescriber, the Internet facilitator, and the online contract pharmacy, each entity's ability to
6631     comply with this chapter may depend in some respects on the actions of the others.
6632          (b) It is possible that a particular action or inaction by the online prescriber, the Internet
6633     facilitator, or the online contract pharmacy could have the effect of causing the other licensed
6634     entities to be out of compliance with this chapter, and each entity may, therefore, be held
6635     accountable for any related party's non-compliance, if the party knew or reasonably should
6636     have known of the other person's non-compliance.
6637          (4) (a) An online prescriber may lose the practitioner's professional license to prescribe
6638     any drug under this title if the online prescriber knew or reasonably should have known that the
6639     provisions of this chapter were violated by the online prescriber, the Internet facilitator, or the
6640     online contract pharmacy.
6641          (b) It is not a defense to an alleged violation under this chapter that the alleged
6642     violation was a result of an action or inaction not by the charged party but by the related online
6643     prescriber, the online contract pharmacy, or the Internet facilitator.
6644          (5) The following actions may result in an immediate suspension of the online
6645     prescriber's license, the online contract pharmacy's license, or the Internet facilitator's license,
6646     and each is considered an immediate and significant danger to the public health, safety, or
6647     welfare requiring immediate action by the division pursuant to Section 63G-4-502 to terminate
6648     the delivery of online pharmaceutical services by the licensee:
6649          (a) online prescribing, dispensing, or facilitation with respect to:
6650          (i) a person [under the age of] who is younger than 18 years old;
6651          (ii) a legend drug not authorized by the division in accordance with Section 58-83-306;
6652     and
6653          (iii) any controlled substance;
6654          (b) violating this chapter after having been given reasonable opportunity to cure the
6655     violation;

6656          (c) using the name or official seal of the state, the [Utah Department of Commerce]
6657     department, or the [Utah Division of Occupational and Professional Licensing] division, or
6658     their boards, in an unauthorized manner; or
6659          (d) failing to respond to a request from the division within the time frame requested
6660     for:
6661          (i) an audit of the website; or
6662          (ii) records of the online prescriber, the Internet facilitator, or the online contract
6663     pharmacy.
6664          Section 103. Section 58-83-502 is amended to read:
6665          58-83-502. Unprofessional conduct.
6666          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
6667     as may be further defined by administrative rule:
6668          (1) except as provided in Section 58-83-306, online prescribing, dispensing, or
6669     facilitation with respect to a person [under the age of] who is younger than 18 years old;
6670          (2) using the name or official seal of the state, the [Utah Department of Commerce]
6671     division, or the [Utah Division of Occupational and Professional Licensing] division, or their
6672     boards, in an unauthorized manner;
6673          (3) failing to respond promptly to a request by the division for information including:
6674          (a) an audit of the website; or
6675          (b) records of the online prescriber, the Internet facilitator, or the online contract
6676     pharmacy;
6677          (4) using an online prescriber, online contract pharmacy, or Internet facilitator without
6678     approval of the division;
6679          (5) failing to inform a patient of the patient's freedom of choice in selecting who will
6680     dispense a prescription in accordance with Subsection 58-83-305(1)(n);
6681          (6) failing to keep the division informed of the name and contact information of the
6682     Internet facilitator or online contract pharmacy;
6683          (7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
6684     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
6685          (8) falsely making an entry in, or altering, a medical record with the intent to conceal:
6686          (a) a wrongful or negligent act or omission of an individual licensed under this chapter

6687     or an individual under the direction or control of an individual licensed under this chapter; or
6688          (b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).
6689          Section 104. Section 58-87-103 is amended to read:
6690          58-87-103. Administration -- Rulemaking -- Service of process.
6691          (1) (a) This chapter shall be administered by the division and is subject to the
6692     requirements of Chapter 1, Division of [Occupational and] Professional Licensing Act, so long
6693     as the requirements of Chapter 1, Division of [Occupational and] Professional Licensing Act,
6694     are not inconsistent with the requirements of this chapter.
6695          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6696     division may make rules necessary to implement this chapter.
6697          (2) By acting as an athlete agent in this state, a nonresident individual appoints the
6698     director of the division as the individual's agent for service of process in any civil action in this
6699     state related to the individual acting as an athlete agent in this state.
6700          Section 105. Section 59-10-1111 is amended to read:
6701          59-10-1111. Refundable tax credit for psychiatrists, psychiatric mental health
6702     nurse practitioners, and volunteer retired psychiatrists.
6703          (1) As used in this section:
6704          (a) "Psychiatric mental health nurse practitioner" means the same as that term is
6705     defined in Section 58-1-111.
6706          (b) "Psychiatrist" means the same as that term is defined in Section 58-1-111.
6707          (c) "Tax credit certificate" means a certificate issued by the Division of [Occupational
6708     and] Professional Licensing under Section 58-1-111 certifying that the claimant is entitled to a
6709     tax credit under this section.
6710          (d) "Volunteer retired psychiatrist" means the same as that term is defined in Section
6711     58-1-111.
6712          (2) A claimant who is a psychiatrist or a psychiatric mental health nurse practitioner
6713     and who submits a tax credit certificate issued by the Division of [Occupational and]
6714     Professional Licensing under Subsection 58-1-111(3), may claim a refundable tax credit:
6715          (a) as provided in this section; and
6716          (b) in the amount of $10,000.
6717          (3) A claimant who is a psychiatrist or a psychiatric mental health nurse practitioner

6718     and who submits a tax credit certificate under Subsection 58-1-111(4) may claim a refundable
6719     tax credit:
6720          (a) as provided in this section; and
6721          (b) in the amount of $10,000.
6722          (4) A claimant who is a volunteer retired psychiatrist and who submits a tax credit
6723     certificate under Subsection 58-1-111(5) may claim a refundable tax credit:
6724          (a) as provided in this section; and
6725          (b) in the amount of $10,000.
6726          (5) A claimant may claim a tax credit under Subsections (2) through (4) for no more
6727     than 10 taxable years for each tax credit.
6728          (6) (a) In accordance with any rules prescribed by the commission under Subsection
6729     (6)(b), the commission shall make a refund to a claimant who claims a tax credit under this
6730     section if the amount of the tax credit exceeds the claimant's tax liability for the taxable year.
6731          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6732     commission may make rules providing procedures for making a refund to a claimant as
6733     required by Subsection (6)(a).
6734          Section 106. Section 62A-3-202 is amended to read:
6735          62A-3-202. Definitions.
6736          As used in this part:
6737          (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
6738          (2) "Auxiliary aids and services" means items, equipment, or services that assist in
6739     effective communication between an individual who has a mental, hearing, vision, or speech
6740     disability and another individual.
6741          (3) "Government agency" means any department, division, office, bureau, board,
6742     commission, authority, or any other agency or instrumentality created by the state, or to which
6743     the state is a party, or created by any county or municipality, which is responsible for the
6744     regulation, visitation, inspection, or supervision of facilities, or which provides services to
6745     patients, residents, or clients of facilities.
6746          (4) "Intermediate care facility" means the same as that term is defined in Section
6747     [58-15-2] 58-15-101.
6748          (5) (a) "Long-term care facility" means:

6749          (i) a skilled nursing facility;
6750          (ii) except as provided in Subsection (5)(b), an intermediate care facility;
6751          (iii) a nursing home;
6752          (iv) a small health care facility;
6753          (v) a small health care facility type N; or
6754          (vi) an assisted living facility.
6755          (b) "Long-term care facility" does not mean an intermediate care facility for people
6756     with an intellectual disability, as defined in Section [58-15-2] 58-15-101.
6757          (6) "Ombudsman" means the administrator of the long-term care ombudsman program,
6758     created pursuant to Section 62A-3-203.
6759          (7) "Ombudsman program" means the Long-Term Care Ombudsman Program.
6760          (8) "Resident" means an individual who resides in a long-term care facility.
6761          (9) "Skilled nursing facility" means the same as that term is defined in Section
6762     [58-15-2] 58-15-101.
6763          (10) "Small health care facility" means the same as that term is defined in Section
6764     26-21-2.
6765          (11) "Small health care facility type N" means a residence in which a licensed nurse
6766     resides and provides protected living arrangements, nursing care, and other services on a daily
6767     basis for two to three individuals who are also residing in the residence and are unrelated to the
6768     licensee.
6769          Section 107. Section 62A-3-305 is amended to read:
6770          62A-3-305. Reporting requirements -- Investigation -- Exceptions -- Immunity --
6771     Penalties -- Nonmedical healing.
6772          (1) Except as provided in Subsection (4), if an individual has reason to believe that a
6773     vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
6774     shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
6775     Services or to the nearest peace officer or law enforcement agency.
6776          (2) (a) If a peace officer or a law enforcement agency receives a report under
6777     Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
6778     Protective Services.
6779          (b) Adult Protective Services and the peace officer or the law enforcement agency shall

6780     coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
6781     protection to the vulnerable adult.
6782          (3) When a report under Subsection (1), or a subsequent investigation by Adult
6783     Protective Services, indicates that a criminal offense may have occurred against a vulnerable
6784     adult:
6785          (a) Adult Protective Services shall notify the nearest local law enforcement agency
6786     regarding the potential offense; and
6787          (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
6788     Protective Services.
6789          (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
6790     does not apply to:
6791          (a) a member of the clergy, with regard to any confession made to the member of the
6792     clergy while functioning in the ministerial capacity of the member of the clergy and without the
6793     consent of the individual making the confession, if:
6794          (i) the perpetrator made the confession directly to the member of the clergy; and
6795          (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
6796     to maintain the confidentiality of that confession; or
6797          (b) an attorney, or an individual employed by the attorney, if knowledge of the
6798     suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
6799     a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
6800     of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
6801     accordance with Utah Rules of Professional Conduct, Rule 1.6.
6802          (5) (a) When a member of the clergy receives information about abuse, neglect, or
6803     exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
6804     member of the clergy is required to report that information even though the member of the
6805     clergy may have also received information about abuse or neglect from the confession of the
6806     perpetrator.
6807          (b) Exemption of the reporting requirement for an individual described in Subsection
6808     (4) does not exempt the individual from any other efforts required by law to prevent further
6809     abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
6810          (6) (a) As used in this Subsection (6), "physician" means an individual licensed to

6811     practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
6812     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
6813          (b) The physician-patient privilege does not:
6814          (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
6815     vulnerable adult under Subsection (1); or
6816          (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
6817     the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
6818     resulting from a report under Subsection (1).
6819          (7) (a) An individual who in good faith makes a report under Subsection (1), or who
6820     otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
6821     immune from civil and criminal liability in connection with the report or notification.
6822          (b) A covered provider or covered contractor, as defined in Section 26-21-201, that
6823     knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to
6824     Adult Protective Services, or to the nearest peace officer or law enforcement agency, under
6825     Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or
6826     exploitation of a vulnerable adult that is committed by the individual who was not reported to
6827     Adult Protective Services or to the nearest peace officer or law enforcement agency.
6828          (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
6829     a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
6830     Act of Utah.
6831          (8) If Adult Protective Services has substantial grounds to believe that an individual
6832     has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
6833     accordance with this section, Adult Protective Services shall file a complaint with:
6834          (a) the Division of [Occupational and] Professional Licensing if the individual is a
6835     health care provider, as defined in Section 62A-4a-404, or a mental health therapist, as defined
6836     in Section 58-60-102;
6837          (b) the appropriate law enforcement agency if the individual is a law enforcement
6838     officer, as defined in Section 53-13-103; and
6839          (c) the State Board of Education if the individual is an educator, as defined in Section
6840     53E-6-102.
6841          (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails

6842     to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
6843     Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
6844          (b) If an individual is convicted under Subsection (9)(a), the court may order the
6845     individual, in addition to any other sentence the court imposes, to:
6846          (i) complete community service hours; or
6847          (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
6848     adults.
6849          (c) In determining whether it would be appropriate to charge an individual with a
6850     violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
6851     reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
6852     vulnerable adult because reporting would have placed the individual in immediate danger of
6853     death or serious bodily injury.
6854          (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
6855     an individual's violation of Subsection (9)(a) as the basis for charging the individual with
6856     another offense.
6857          (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
6858     within two years after the day on which the individual had knowledge of the suspected abuse,
6859     neglect, or exploitation and willfully failed to report.
6860          (10) Under circumstances not amounting to a violation of Section 76-8-508, an
6861     individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
6862     attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1),
6863     the individual who made the report under Subsection (1), a witness, or any other person
6864     cooperating with an investigation conducted in accordance with this chapter.
6865          (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
6866     that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
6867     medical care.
6868          Section 108. Section 62A-3-311.1 is amended to read:
6869          62A-3-311.1. Statewide database -- Restricted use and access.
6870          (1) The division shall maintain a database for reports of vulnerable adult abuse,
6871     neglect, or exploitation made pursuant to this part.
6872          (2) The database shall include:

6873          (a) the names and identifying data of the alleged abused, neglected, or exploited
6874     vulnerable adult and the alleged perpetrator;
6875          (b) information regarding whether or not the allegation of abuse, neglect, or
6876     exploitation was found to be:
6877          (i) supported;
6878          (ii) inconclusive;
6879          (iii) without merit; or
6880          (iv) for reports for which the finding is made before May 5, 2008:
6881          (A) substantiated; or
6882          (B) unsubstantiated; and
6883          (c) any other information that may be helpful in furthering the purposes of this part, as
6884     determined by the division.
6885          (3) Information obtained from the database may be used only:
6886          (a) for statistical summaries compiled by the department that do not include names or
6887     other identifying data;
6888          (b) where identification of an individual as a perpetrator may be relevant in a
6889     determination regarding whether to grant or deny a license, privilege, or approval made by:
6890          (i) the department;
6891          (ii) the Division of [Occupational and] Professional Licensing;
6892          (iii) the Bureau of Licensing, within the Department of Health;
6893          (iv) the Bureau of Emergency Medical Services and Preparedness, within the
6894     Department of Health, or a designee of the Bureau of Emergency Medical Services and
6895     Preparedness;
6896          (v) any government agency specifically authorized by statute to access or use the
6897     information in the database; or
6898          (vi) an agency of another state that performs a similar function to an agency described
6899     in Subsections (3)(b)(i) through (iv); or
6900          (c) as otherwise specifically provided by law.
6901          Section 109. Section 62A-3-312 is amended to read:
6902          62A-3-312. Access to information in database.
6903          The database and the adult protection case file:

6904          (1) shall be made available to law enforcement agencies, the attorney general's office,
6905     city attorneys, the Division of [Occupational and] Professional Licensing, and county or district
6906     attorney's offices;
6907          (2) shall be released as required under Subsection 63G-2-202(4)(c); and
6908          (3) may be made available, at the discretion of the division, to:
6909          (a) subjects of a report as follows:
6910          (i) a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or
6911     that adult's attorney or legal guardian; and
6912          (ii) a person identified in a report as having abused, neglected, or exploited a
6913     vulnerable adult, or that person's attorney; and
6914          (b) persons involved in an evaluation or assessment of the vulnerable adult as follows:
6915          (i) an employee or contractor of the department who is responsible for the evaluation or
6916     assessment of an adult protection case file;
6917          (ii) a multidisciplinary team approved by the division to assist Adult Protective
6918     Services in the evaluation, assessment, and disposition of a vulnerable adult case;
6919          (iii) an authorized person or agency providing services to, or responsible for, the care,
6920     treatment, assessment, or supervision of a vulnerable adult named in the report as a victim,
6921     when in the opinion of the division, that information will assist in the protection of, or provide
6922     other benefits to, the victim;
6923          (iv) a licensing authority for a facility, program, or person providing care to a victim
6924     named in a report; and
6925          (v) legally authorized protection and advocacy agencies when they represent a victim
6926     or have been requested by the division to assist on a case, including:
6927          (A) the Office of Public Guardian, created in Section 62A-14-103; and
6928          (B) the Long-Term Care Ombudsman Program, created in Section 62A-3-203.
6929          Section 110. Section 62A-4a-411 is amended to read:
6930          62A-4a-411. Failure to report -- Threats and intimidation -- Penalties.
6931          (1) If the division has substantial grounds to believe that an individual has knowingly
6932     failed to report suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency in
6933     accordance with this part, the division shall file a complaint with:
6934          (a) the Division of [Occupational and] Professional Licensing if the individual is a

6935     health care provider, as defined in Section 62A-4a-404, or a mental health therapist, as defined
6936     in Section 58-60-102;
6937          (b) the appropriate law enforcement agency if the individual is a law enforcement
6938     officer, as defined in Section 53-13-103; and
6939          (c) the State Board of Education if the individual is an educator, as defined in Section
6940     53E-6-102.
6941          (2) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
6942     to report the suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency in
6943     accordance with this part.
6944          (b) If an individual is convicted under Subsection (2)(a), the court may order the
6945     individual, in addition to any other sentence the court imposes, to:
6946          (i) complete community service hours; or
6947          (ii) complete a program on preventing abuse and neglect of children.
6948          (c) In determining whether it would be appropriate to charge an individual with a
6949     violation of Subsection (2)(a), the prosecuting attorney shall take into account whether a
6950     reasonable individual would not have reported suspected abuse or neglect of a child because
6951     reporting would have placed the individual in immediate danger of death or serious bodily
6952     injury.
6953          (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
6954     an individual's violation of Subsection (2)(a) as the basis for charging the individual with
6955     another offense.
6956          (e) A prosecution for failure to report under Subsection (2)(a) shall be commenced
6957     within two years after the day on which the individual had knowledge of the suspected abuse,
6958     neglect, fetal alcohol syndrome, or fetal drug dependency and willfully failed to report.
6959          (3) Under circumstances not amounting to a violation of Section 76-8-508, an
6960     individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
6961     attempts to intimidate a child who is the subject of a report under this part, the individual who
6962     made the report, a witness, or any other person cooperating with an investigation conducted in
6963     accordance with this chapter.
6964          Section 111. Section 62A-4a-603 is amended to read:
6965          62A-4a-603. Injunction -- Enforcement by county attorney or attorney general.

6966          (1) The Office of Licensing within the department or any interested person may
6967     commence an action in district court to enjoin any person, agency, firm, corporation, or
6968     association violating Section 62A-4a-602.
6969          (2) The Office of Licensing shall:
6970          (a) solicit information from the public relating to violations of Section 62A-4a-602;
6971     and
6972          (b) upon identifying a violation of Section 62A-4a-602:
6973          (i) send a written notice to the person who violated Section 62A-4a-602 that describes
6974     the alleged violation; and
6975          (ii) notify the following persons of the alleged violation:
6976          (A) the local county attorney; and
6977          (B) the Division of [Occupational and] Professional Licensing.
6978          (3) (a) A county attorney or the attorney general shall institute legal action as necessary
6979     to enforce the provisions of Section 62A-4a-602 after being informed of an alleged violation.
6980          (b) If a county attorney does not take action within 30 days after the day on which the
6981     county attorney is informed of an alleged violation of Section 62A-4a-602, the attorney general
6982     may be requested to take action, and shall then institute legal proceedings in place of the county
6983     attorney.
6984          (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
6985     agency, firm, corporation, or association found to be in violation of Section 62A-4a-602 shall
6986     forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil
6987     penalty of not more than $10,000 for each violation.
6988          (b) Each act in violation of Section 62A-4a-602, including each placement or
6989     attempted placement of a child, is a separate violation.
6990          (5) (a) All amounts recovered as penalties under Subsection (4) shall be placed in the
6991     General Fund of the prosecuting county, or in the state General Fund if the attorney general
6992     prosecutes.
6993          (b) If two or more governmental entities are involved in the prosecution, the penalty
6994     amounts recovered shall be apportioned by the court among the entities, according to their
6995     involvement.
6996          (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)

6997     is a lien when recorded in the judgment docket, and has the same effect and is subject to the
6998     same rules as a judgment for money in a civil action.
6999          Section 112. Section 62A-15-103 is amended to read:
7000          62A-15-103. Division -- Creation -- Responsibilities.
7001          (1) (a) There is created the Division of Substance Abuse and Mental Health within the
7002     department, under the administration and general supervision of the executive director.
7003          (b) The division is the substance abuse authority and the mental health authority for
7004     this state.
7005          (2) The division shall:
7006          (a) (i) educate the general public regarding the nature and consequences of substance
7007     abuse by promoting school and community-based prevention programs;
7008          (ii) render support and assistance to public schools through approved school-based
7009     substance abuse education programs aimed at prevention of substance abuse;
7010          (iii) promote or establish programs for the prevention of substance abuse within the
7011     community setting through community-based prevention programs;
7012          (iv) cooperate with and assist treatment centers, recovery residences, and other
7013     organizations that provide services to individuals recovering from a substance abuse disorder,
7014     by identifying and disseminating information about effective practices and programs;
7015          (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title
7016     63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
7017     and private programs, minimum standards for public and private providers of substance abuse
7018     and mental health programs licensed by the department under Title 62A, Chapter 2, Licensure
7019     of Programs and Facilities;
7020          (vi) promote integrated programs that address an individual's substance abuse, mental
7021     health, physical health, and criminal risk factors;
7022          (vii) establish and promote an evidence-based continuum of screening, assessment,
7023     prevention, treatment, and recovery support services in the community for individuals with
7024     substance use disorder and mental illness that addresses criminal risk factors;
7025          (viii) evaluate the effectiveness of programs described in this Subsection (2);
7026          (ix) consider the impact of the programs described in this Subsection (2) on:
7027          (A) emergency department utilization;

7028          (B) jail and prison populations;
7029          (C) the homeless population; and
7030          (D) the child welfare system; and
7031          (x) promote or establish programs for education and certification of instructors to
7032     educate individuals convicted of driving under the influence of alcohol or drugs or driving with
7033     any measurable controlled substance in the body;
7034          (b) (i) collect and disseminate information pertaining to mental health;
7035          (ii) provide direction over the state hospital including approval of the state hospital's
7036     budget, administrative policy, and coordination of services with local service plans;
7037          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7038     Rulemaking Act, to educate families concerning mental illness and promote family
7039     involvement, when appropriate, and with patient consent, in the treatment program of a family
7040     member; and
7041          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7042     Rulemaking Act, to direct that an individual receiving services through a local mental health
7043     authority or the Utah State Hospital be informed about and, if desired by the individual,
7044     provided assistance in the completion of a declaration for mental health treatment in
7045     accordance with Section 62A-15-1002;
7046          (c) (i) consult and coordinate with local substance abuse authorities and local mental
7047     health authorities regarding programs and services;
7048          (ii) provide consultation and other assistance to public and private agencies and groups
7049     working on substance abuse and mental health issues;
7050          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
7051     medical and social agencies, public health authorities, law enforcement agencies, education and
7052     research organizations, and other related groups;
7053          (iv) promote or conduct research on substance abuse and mental health issues, and
7054     submit to the governor and the Legislature recommendations for changes in policy and
7055     legislation;
7056          (v) receive, distribute, and provide direction over public funds for substance abuse and
7057     mental health services;
7058          (vi) monitor and evaluate programs provided by local substance abuse authorities and

7059     local mental health authorities;
7060          (vii) examine expenditures of local, state, and federal funds;
7061          (viii) monitor the expenditure of public funds by:
7062          (A) local substance abuse authorities;
7063          (B) local mental health authorities; and
7064          (C) in counties where they exist, a private contract provider that has an annual or
7065     otherwise ongoing contract to provide comprehensive substance abuse or mental health
7066     programs or services for the local substance abuse authority or local mental health authority;
7067          (ix) contract with local substance abuse authorities and local mental health authorities
7068     to provide a comprehensive continuum of services that include community-based services for
7069     individuals involved in the criminal justice system, in accordance with division policy, contract
7070     provisions, and the local plan;
7071          (x) contract with private and public entities for special statewide or nonclinical
7072     services, or services for individuals involved in the criminal justice system, according to
7073     division rules;
7074          (xi) review and approve each local substance abuse authority's plan and each local
7075     mental health authority's plan in order to ensure:
7076          (A) a statewide comprehensive continuum of substance abuse services;
7077          (B) a statewide comprehensive continuum of mental health services;
7078          (C) services result in improved overall health and functioning;
7079          (D) a statewide comprehensive continuum of community-based services designed to
7080     reduce criminal risk factors for individuals who are determined to have substance abuse or
7081     mental illness conditions or both, and who are involved in the criminal justice system;
7082          (E) compliance, where appropriate, with the certification requirements in Subsection
7083     (2)(j); and
7084          (F) appropriate expenditure of public funds;
7085          (xii) review and make recommendations regarding each local substance abuse
7086     authority's contract with the local substance abuse authority's provider of substance abuse
7087     programs and services and each local mental health authority's contract with the local mental
7088     health authority's provider of mental health programs and services to ensure compliance with
7089     state and federal law and policy;

7090          (xiii) monitor and ensure compliance with division rules and contract requirements;
7091     and
7092          (xiv) withhold funds from local substance abuse authorities, local mental health
7093     authorities, and public and private providers for contract noncompliance, failure to comply
7094     with division directives regarding the use of public funds, or for misuse of public funds or
7095     money;
7096          (d) ensure that the requirements of this part are met and applied uniformly by local
7097     substance abuse authorities and local mental health authorities across the state;
7098          (e) require each local substance abuse authority and each local mental health authority,
7099     in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
7100     the division on or before May 15 of each year;
7101          (f) conduct an annual program audit and review of each local substance abuse authority
7102     and each local substance abuse authority's contract provider, and each local mental health
7103     authority and each local mental health authority's contract provider, including:
7104          (i) a review and determination regarding whether:
7105          (A) public funds allocated to the local substance abuse authority or the local mental
7106     health authorities are consistent with services rendered by the authority or the authority's
7107     contract provider, and with outcomes reported by the authority's contract provider; and
7108          (B) each local substance abuse authority and each local mental health authority is
7109     exercising sufficient oversight and control over public funds allocated for substance use
7110     disorder and mental health programs and services; and
7111          (ii) items determined by the division to be necessary and appropriate;
7112          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
7113     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
7114          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
7115     supports services to an individual with:
7116          (A) a substance use disorder;
7117          (B) a mental health disorder; or
7118          (C) a substance use disorder and a mental health disorder;
7119          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
7120     adult as a peer support specialist;

7121          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7122     Rulemaking Act, that:
7123          (A) establish training and certification requirements for a peer support specialist;
7124          (B) specify the types of services a peer support specialist is qualified to provide;
7125          (C) specify the type of supervision under which a peer support specialist is required to
7126     operate; and
7127          (D) specify continuing education and other requirements for maintaining or renewing
7128     certification as a peer support specialist; and
7129          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7130     Rulemaking Act, that:
7131          (A) establish the requirements for a person to be certified to carry out, as needed, the
7132     division's duty to train and certify an adult as a peer support specialist; and
7133          (B) specify how the division shall provide oversight of a person certified to train and
7134     certify a peer support specialist;
7135          (i) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
7136     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
7137     requirements for the provision of substance use disorder and mental health treatment to an
7138     individual who is incarcerated or who is required to participate in treatment by a court or by the
7139     Board of Pardons and Parole, including:
7140          (i) collaboration with the Department of Corrections and the Utah Substance Use and
7141     Mental Health Advisory Council to develop and coordinate the standards, including standards
7142     for county and state programs serving individuals convicted of class A and class B
7143     misdemeanors;
7144          (ii) determining that the standards ensure available treatment, including the most
7145     current practices and procedures demonstrated by recognized scientific research to reduce
7146     recidivism, including focus on the individual's criminal risk factors; and
7147          (iii) requiring that all public and private treatment programs meet the standards
7148     established under this Subsection (2)(i) in order to receive public funds allocated to the
7149     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
7150     for the costs of providing screening, assessment, prevention, treatment, and recovery support;
7151          (j) except as provided in Section 62A-15-103.5, establish by rule, in accordance with

7152     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
7153     for the certification of licensed public and private providers, including individuals licensed by
7154     the Division of [Occupational and] Professional Licensing, programs licensed by the
7155     department, and health care facilities licensed by the Department of Health, who provide, as
7156     part of their practice, substance use disorder and mental health treatment to an individual
7157     involved in the criminal justice system, including:
7158          (i) collaboration with the Department of Corrections, the Utah Substance Use and
7159     Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
7160     and implement the certification process;
7161          (ii) basing the certification process on the standards developed under Subsection (2)(i)
7162     for the treatment of an individual involved in the criminal justice system; and
7163          (iii) the requirement that a public or private provider of treatment to an individual
7164     involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
7165     shall renew the certification every two years, in order to qualify for funds allocated to the
7166     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
7167     on or after July 1, 2016;
7168          (k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and
7169     provide recommendations to the Legislature regarding:
7170          (i) pretrial services and the resources needed to reduce recidivism;
7171          (ii) county jail and county behavioral health early-assessment resources needed for an
7172     offender convicted of a class A or class B misdemeanor; and
7173          (iii) the replacement of federal dollars associated with drug interdiction law
7174     enforcement task forces that are reduced;
7175          (l) (i) establish performance goals and outcome measurements for all treatment
7176     programs for which minimum standards are established under Subsection (2)(i), including
7177     recidivism data and data regarding cost savings associated with recidivism reduction and the
7178     reduction in the number of inmates, that are obtained in collaboration with the Administrative
7179     Office of the Courts and the Department of Corrections; and
7180          (ii) collect data to track and determine whether the goals and measurements are being
7181     attained and make this information available to the public;
7182          (m) in the division's discretion, use the data to make decisions regarding the use of

7183     funds allocated to the division, the Administrative Office of the Courts, and the Department of
7184     Corrections to provide treatment for which standards are established under Subsection (2)(i);
7185          (n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
7186     to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
7187     based on the data and provide the report to the Judiciary Interim Committee, the Health and
7188     Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
7189     Committee, and the related appropriations subcommittees; and
7190          (o) consult and coordinate with the Department of Health and the Division of Child
7191     and Family Services to develop and manage the operation of a program designed to reduce
7192     substance abuse during pregnancy and by parents of a newborn child that includes:
7193          (i) providing education and resources to health care providers and individuals in the
7194     state regarding prevention of substance abuse during pregnancy;
7195          (ii) providing training to health care providers in the state regarding screening of a
7196     pregnant woman or pregnant minor to identify a substance abuse disorder; and
7197          (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
7198     child in need of substance abuse treatment services to a facility that has the capacity to provide
7199     the treatment services.
7200          (3) In addition to the responsibilities described in Subsection (2), the division shall,
7201     within funds appropriated by the Legislature for this purpose, implement and manage the
7202     operation of a firearm safety and suicide prevention program, in consultation with the Bureau
7203     of Criminal Identification created in Section 53-10-201, including:
7204          (a) coordinating with the Department of Health, local mental health and substance
7205     abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
7206     Utah-based nonprofit organization with expertise in the field of firearm use and safety that
7207     represents firearm owners, to:
7208          (i) produce and periodically review and update a firearm safety brochure and other
7209     educational materials with information about the safe handling and use of firearms that
7210     includes:
7211          (A) information on safe handling, storage, and use of firearms in a home environment;
7212          (B) information about at-risk individuals and individuals who are legally prohibited
7213     from possessing firearms;

7214          (C) information about suicide prevention awareness; and
7215          (D) information about the availability of firearm safety packets;
7216          (ii) procure cable-style gun locks for distribution under this section;
7217          (iii) produce a firearm safety packet that includes the firearm safety brochure and the
7218     cable-style gun lock described in this Subsection (3); and
7219          (iv) create a suicide prevention education course that:
7220          (A) provides information for distribution regarding firearm safety education;
7221          (B) incorporates current information on how to recognize suicidal behaviors and
7222     identify individuals who may be suicidal; and
7223          (C) provides information regarding crisis intervention resources;
7224          (b) distributing, free of charge, the firearm safety packet to the following persons, who
7225     shall make the firearm safety packet available free of charge:
7226          (i) health care providers, including emergency rooms;
7227          (ii) mobile crisis outreach teams;
7228          (iii) mental health practitioners;
7229          (iv) other public health suicide prevention organizations;
7230          (v) entities that teach firearm safety courses;
7231          (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
7232     of students in the school district; and
7233          (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
7234          (c) creating and administering a rebate program that includes a rebate that offers
7235     between $10 and $200 off the purchase price of a firearm safe from a participating firearms
7236     dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
7237          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7238     making rules that establish procedures for:
7239          (i) producing and distributing the suicide prevention education course and the firearm
7240     safety brochures and packets;
7241          (ii) procuring the cable-style gun locks for distribution; and
7242          (iii) administering the rebate program; and
7243          (e) reporting to the Health and Human Services Interim Committee regarding
7244     implementation and success of the firearm safety program and suicide prevention education

7245     course at or before the November meeting each year.
7246          (4) (a) The division may refuse to contract with and may pursue legal remedies against
7247     any local substance abuse authority or local mental health authority that fails, or has failed, to
7248     expend public funds in accordance with state law, division policy, contract provisions, or
7249     directives issued in accordance with state law.
7250          (b) The division may withhold funds from a local substance abuse authority or local
7251     mental health authority if the authority's contract provider of substance abuse or mental health
7252     programs or services fails to comply with state and federal law or policy.
7253          (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
7254     or local mental health authority, the division shall review and determine whether the local
7255     substance abuse authority or local mental health authority is complying with the oversight and
7256     management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
7257     17-43-309.
7258          (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
7259     liability described in Section 17-43-303 and to the responsibility and liability described in
7260     Section 17-43-203.
7261          (6) In carrying out the division's duties and responsibilities, the division may not
7262     duplicate treatment or educational facilities that exist in other divisions or departments of the
7263     state, but shall work in conjunction with those divisions and departments in rendering the
7264     treatment or educational services that those divisions and departments are competent and able
7265     to provide.
7266          (7) The division may accept in the name of and on behalf of the state donations, gifts,
7267     devises, or bequests of real or personal property or services to be used as specified by the
7268     donor.
7269          (8) The division shall annually review with each local substance abuse authority and
7270     each local mental health authority the authority's statutory and contract responsibilities
7271     regarding:
7272          (a) use of public funds;
7273          (b) oversight of public funds; and
7274          (c) governance of substance use disorder and mental health programs and services.
7275          (9) The Legislature may refuse to appropriate funds to the division upon the division's

7276     failure to comply with the provisions of this part.
7277          (10) If a local substance abuse authority contacts the division under Subsection
7278     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
7279     minor, the division shall:
7280          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
7281     capacity to provide the treatment services; or
7282          (b) otherwise ensure that treatment services are made available to the pregnant woman
7283     or pregnant minor.
7284          (11) The division shall employ a school-based mental health specialist to be housed at
7285     the State Board of Education who shall work with the State Board of Education to:
7286          (a) provide coordination between a local education agency and local mental health
7287     authority;
7288          (b) recommend evidence-based and evidence informed mental health screenings and
7289     intervention assessments for a local education agency; and
7290          (c) coordinate with the local community, including local departments of health, to
7291     enhance and expand mental health related resources for a local education agency.
7292          Section 113. Section 63G-2-305 is amended to read:
7293          63G-2-305. Protected records.
7294          The following records are protected if properly classified by a governmental entity:
7295          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
7296     has provided the governmental entity with the information specified in Section 63G-2-309;
7297          (2) commercial information or nonindividual financial information obtained from a
7298     person if:
7299          (a) disclosure of the information could reasonably be expected to result in unfair
7300     competitive injury to the person submitting the information or would impair the ability of the
7301     governmental entity to obtain necessary information in the future;
7302          (b) the person submitting the information has a greater interest in prohibiting access
7303     than the public in obtaining access; and
7304          (c) the person submitting the information has provided the governmental entity with
7305     the information specified in Section 63G-2-309;
7306          (3) commercial or financial information acquired or prepared by a governmental entity

7307     to the extent that disclosure would lead to financial speculations in currencies, securities, or
7308     commodities that will interfere with a planned transaction by the governmental entity or cause
7309     substantial financial injury to the governmental entity or state economy;
7310          (4) records, the disclosure of which could cause commercial injury to, or confer a
7311     competitive advantage upon a potential or actual competitor of, a commercial project entity as
7312     defined in Subsection 11-13-103(4);
7313          (5) test questions and answers to be used in future license, certification, registration,
7314     employment, or academic examinations;
7315          (6) records, the disclosure of which would impair governmental procurement
7316     proceedings or give an unfair advantage to any person proposing to enter into a contract or
7317     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
7318     Subsection (6) does not restrict the right of a person to have access to, after the contract or
7319     grant has been awarded and signed by all parties:
7320          (a) a bid, proposal, application, or other information submitted to or by a governmental
7321     entity in response to:
7322          (i) an invitation for bids;
7323          (ii) a request for proposals;
7324          (iii) a request for quotes;
7325          (iv) a grant; or
7326          (v) other similar document; or
7327          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
7328          (7) information submitted to or by a governmental entity in response to a request for
7329     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
7330     the right of a person to have access to the information, after:
7331          (a) a contract directly relating to the subject of the request for information has been
7332     awarded and signed by all parties; or
7333          (b) (i) a final determination is made not to enter into a contract that relates to the
7334     subject of the request for information; and
7335          (ii) at least two years have passed after the day on which the request for information is
7336     issued;
7337          (8) records that would identify real property or the appraisal or estimated value of real

7338     or personal property, including intellectual property, under consideration for public acquisition
7339     before any rights to the property are acquired unless:
7340          (a) public interest in obtaining access to the information is greater than or equal to the
7341     governmental entity's need to acquire the property on the best terms possible;
7342          (b) the information has already been disclosed to persons not employed by or under a
7343     duty of confidentiality to the entity;
7344          (c) in the case of records that would identify property, potential sellers of the described
7345     property have already learned of the governmental entity's plans to acquire the property;
7346          (d) in the case of records that would identify the appraisal or estimated value of
7347     property, the potential sellers have already learned of the governmental entity's estimated value
7348     of the property; or
7349          (e) the property under consideration for public acquisition is a single family residence
7350     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
7351     the property as required under Section 78B-6-505;
7352          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
7353     compensated transaction of real or personal property including intellectual property, which, if
7354     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
7355     of the subject property, unless:
7356          (a) the public interest in access is greater than or equal to the interests in restricting
7357     access, including the governmental entity's interest in maximizing the financial benefit of the
7358     transaction; or
7359          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
7360     the value of the subject property have already been disclosed to persons not employed by or
7361     under a duty of confidentiality to the entity;
7362          (10) records created or maintained for civil, criminal, or administrative enforcement
7363     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
7364     release of the records:
7365          (a) reasonably could be expected to interfere with investigations undertaken for
7366     enforcement, discipline, licensing, certification, or registration purposes;
7367          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
7368     proceedings;

7369          (c) would create a danger of depriving a person of a right to a fair trial or impartial
7370     hearing;
7371          (d) reasonably could be expected to disclose the identity of a source who is not
7372     generally known outside of government and, in the case of a record compiled in the course of
7373     an investigation, disclose information furnished by a source not generally known outside of
7374     government if disclosure would compromise the source; or
7375          (e) reasonably could be expected to disclose investigative or audit techniques,
7376     procedures, policies, or orders not generally known outside of government if disclosure would
7377     interfere with enforcement or audit efforts;
7378          (11) records the disclosure of which would jeopardize the life or safety of an
7379     individual;
7380          (12) records the disclosure of which would jeopardize the security of governmental
7381     property, governmental programs, or governmental recordkeeping systems from damage, theft,
7382     or other appropriation or use contrary to law or public policy;
7383          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
7384     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
7385     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
7386          (14) records that, if disclosed, would reveal recommendations made to the Board of
7387     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
7388     Board of Pardons and Parole, or the Department of Human Services that are based on the
7389     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
7390     jurisdiction;
7391          (15) records and audit workpapers that identify audit, collection, and operational
7392     procedures and methods used by the State Tax Commission, if disclosure would interfere with
7393     audits or collections;
7394          (16) records of a governmental audit agency relating to an ongoing or planned audit
7395     until the final audit is released;
7396          (17) records that are subject to the attorney client privilege;
7397          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
7398     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
7399     quasi-judicial, or administrative proceeding;

7400          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
7401     from a member of the Legislature; and
7402          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
7403     legislative action or policy may not be classified as protected under this section; and
7404          (b) (i) an internal communication that is part of the deliberative process in connection
7405     with the preparation of legislation between:
7406          (A) members of a legislative body;
7407          (B) a member of a legislative body and a member of the legislative body's staff; or
7408          (C) members of a legislative body's staff; and
7409          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
7410     legislative action or policy may not be classified as protected under this section;
7411          (20) (a) records in the custody or control of the Office of Legislative Research and
7412     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
7413     legislation or contemplated course of action before the legislator has elected to support the
7414     legislation or course of action, or made the legislation or course of action public; and
7415          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
7416     Office of Legislative Research and General Counsel is a public document unless a legislator
7417     asks that the records requesting the legislation be maintained as protected records until such
7418     time as the legislator elects to make the legislation or course of action public;
7419          (21) research requests from legislators to the Office of Legislative Research and
7420     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
7421     in response to these requests;
7422          (22) drafts, unless otherwise classified as public;
7423          (23) records concerning a governmental entity's strategy about:
7424          (a) collective bargaining; or
7425          (b) imminent or pending litigation;
7426          (24) records of investigations of loss occurrences and analyses of loss occurrences that
7427     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
7428     Uninsured Employers' Fund, or similar divisions in other governmental entities;
7429          (25) records, other than personnel evaluations, that contain a personal recommendation
7430     concerning an individual if disclosure would constitute a clearly unwarranted invasion of

7431     personal privacy, or disclosure is not in the public interest;
7432          (26) records that reveal the location of historic, prehistoric, paleontological, or
7433     biological resources that if known would jeopardize the security of those resources or of
7434     valuable historic, scientific, educational, or cultural information;
7435          (27) records of independent state agencies if the disclosure of the records would
7436     conflict with the fiduciary obligations of the agency;
7437          (28) records of an institution within the state system of higher education defined in
7438     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
7439     retention decisions, and promotions, which could be properly discussed in a meeting closed in
7440     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
7441     the final decisions about tenure, appointments, retention, promotions, or those students
7442     admitted, may not be classified as protected under this section;
7443          (29) records of the governor's office, including budget recommendations, legislative
7444     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
7445     policies or contemplated courses of action before the governor has implemented or rejected
7446     those policies or courses of action or made them public;
7447          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
7448     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
7449     recommendations in these areas;
7450          (31) records provided by the United States or by a government entity outside the state
7451     that are given to the governmental entity with a requirement that they be managed as protected
7452     records if the providing entity certifies that the record would not be subject to public disclosure
7453     if retained by it;
7454          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
7455     public body except as provided in Section 52-4-206;
7456          (33) records that would reveal the contents of settlement negotiations but not including
7457     final settlements or empirical data to the extent that they are not otherwise exempt from
7458     disclosure;
7459          (34) memoranda prepared by staff and used in the decision-making process by an
7460     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
7461     other body charged by law with performing a quasi-judicial function;

7462          (35) records that would reveal negotiations regarding assistance or incentives offered
7463     by or requested from a governmental entity for the purpose of encouraging a person to expand
7464     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
7465     person or place the governmental entity at a competitive disadvantage, but this section may not
7466     be used to restrict access to a record evidencing a final contract;
7467          (36) materials to which access must be limited for purposes of securing or maintaining
7468     the governmental entity's proprietary protection of intellectual property rights including patents,
7469     copyrights, and trade secrets;
7470          (37) the name of a donor or a prospective donor to a governmental entity, including an
7471     institution within the state system of higher education defined in Section 53B-1-102, and other
7472     information concerning the donation that could reasonably be expected to reveal the identity of
7473     the donor, provided that:
7474          (a) the donor requests anonymity in writing;
7475          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
7476     classified protected by the governmental entity under this Subsection (37); and
7477          (c) except for an institution within the state system of higher education defined in
7478     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
7479     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
7480     over the donor, a member of the donor's immediate family, or any entity owned or controlled
7481     by the donor or the donor's immediate family;
7482          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
7483     73-18-13;
7484          (39) a notification of workers' compensation insurance coverage described in Section
7485     34A-2-205;
7486          (40) (a) the following records of an institution within the state system of higher
7487     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
7488     or received by or on behalf of faculty, staff, employees, or students of the institution:
7489          (i) unpublished lecture notes;
7490          (ii) unpublished notes, data, and information:
7491          (A) relating to research; and
7492          (B) of:

7493          (I) the institution within the state system of higher education defined in Section
7494     53B-1-102; or
7495          (II) a sponsor of sponsored research;
7496          (iii) unpublished manuscripts;
7497          (iv) creative works in process;
7498          (v) scholarly correspondence; and
7499          (vi) confidential information contained in research proposals;
7500          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
7501     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
7502          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
7503          (41) (a) records in the custody or control of the Office of the Legislative Auditor
7504     General that would reveal the name of a particular legislator who requests a legislative audit
7505     prior to the date that audit is completed and made public; and
7506          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
7507     Office of the Legislative Auditor General is a public document unless the legislator asks that
7508     the records in the custody or control of the Office of the Legislative Auditor General that would
7509     reveal the name of a particular legislator who requests a legislative audit be maintained as
7510     protected records until the audit is completed and made public;
7511          (42) records that provide detail as to the location of an explosive, including a map or
7512     other document that indicates the location of:
7513          (a) a production facility; or
7514          (b) a magazine;
7515          (43) information:
7516          (a) contained in the statewide database of the Division of Aging and Adult Services
7517     created by Section 62A-3-311.1; or
7518          (b) received or maintained in relation to the Identity Theft Reporting Information
7519     System (IRIS) established under Section 67-5-22;
7520          (44) information contained in the Licensing Information System described in Title
7521     62A, Chapter 4a, Child and Family Services;
7522          (45) information regarding National Guard operations or activities in support of the
7523     National Guard's federal mission;

7524          (46) records provided by any pawn or secondhand business to a law enforcement
7525     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
7526     Secondhand Merchandise Transaction Information Act;
7527          (47) information regarding food security, risk, and vulnerability assessments performed
7528     by the Department of Agriculture and Food;
7529          (48) except to the extent that the record is exempt from this chapter pursuant to Section
7530     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
7531     prepared or maintained by the Division of Emergency Management, and the disclosure of
7532     which would jeopardize:
7533          (a) the safety of the general public; or
7534          (b) the security of:
7535          (i) governmental property;
7536          (ii) governmental programs; or
7537          (iii) the property of a private person who provides the Division of Emergency
7538     Management information;
7539          (49) records of the Department of Agriculture and Food that provides for the
7540     identification, tracing, or control of livestock diseases, including any program established under
7541     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
7542     of Animal Disease;
7543          (50) as provided in Section 26-39-501:
7544          (a) information or records held by the Department of Health related to a complaint
7545     regarding a child care program or residential child care which the department is unable to
7546     substantiate; and
7547          (b) information or records related to a complaint received by the Department of Health
7548     from an anonymous complainant regarding a child care program or residential child care;
7549          (51) unless otherwise classified as public under Section 63G-2-301 and except as
7550     provided under Section 41-1a-116, an individual's home address, home telephone number, or
7551     personal mobile phone number, if:
7552          (a) the individual is required to provide the information in order to comply with a law,
7553     ordinance, rule, or order of a government entity; and
7554          (b) the subject of the record has a reasonable expectation that this information will be

7555     kept confidential due to:
7556          (i) the nature of the law, ordinance, rule, or order; and
7557          (ii) the individual complying with the law, ordinance, rule, or order;
7558          (52) the portion of the following documents that contains a candidate's residential or
7559     mailing address, if the candidate provides to the filing officer another address or phone number
7560     where the candidate may be contacted:
7561          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
7562     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
7563     20A-9-408.5, 20A-9-502, or 20A-9-601;
7564          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
7565          (c) a notice of intent to gather signatures for candidacy, described in Section
7566     20A-9-408;
7567          (53) the name, home address, work addresses, and telephone numbers of an individual
7568     that is engaged in, or that provides goods or services for, medical or scientific research that is:
7569          (a) conducted within the state system of higher education, as defined in Section
7570     53B-1-102; and
7571          (b) conducted using animals;
7572          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
7573     Evaluation Commission concerning an individual commissioner's vote on whether or not to
7574     recommend that the voters retain a judge including information disclosed under Subsection
7575     78A-12-203(5)(e);
7576          (55) information collected and a report prepared by the Judicial Performance
7577     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
7578     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
7579     the information or report;
7580          (56) records provided or received by the Public Lands Policy Coordinating Office in
7581     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
7582          (57) information requested by and provided to the 911 Division under Section
7583     63H-7a-302;
7584          (58) in accordance with Section 73-10-33:
7585          (a) a management plan for a water conveyance facility in the possession of the Division

7586     of Water Resources or the Board of Water Resources; or
7587          (b) an outline of an emergency response plan in possession of the state or a county or
7588     municipality;
7589          (59) the following records in the custody or control of the Office of Inspector General
7590     of Medicaid Services, created in Section 63A-13-201:
7591          (a) records that would disclose information relating to allegations of personal
7592     misconduct, gross mismanagement, or illegal activity of a person if the information or
7593     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
7594     through other documents or evidence, and the records relating to the allegation are not relied
7595     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
7596     report or final audit report;
7597          (b) records and audit workpapers to the extent they would disclose the identity of a
7598     person who, during the course of an investigation or audit, communicated the existence of any
7599     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
7600     regulation adopted under the laws of this state, a political subdivision of the state, or any
7601     recognized entity of the United States, if the information was disclosed on the condition that
7602     the identity of the person be protected;
7603          (c) before the time that an investigation or audit is completed and the final
7604     investigation or final audit report is released, records or drafts circulated to a person who is not
7605     an employee or head of a governmental entity for the person's response or information;
7606          (d) records that would disclose an outline or part of any investigation, audit survey
7607     plan, or audit program; or
7608          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
7609     investigation or audit;
7610          (60) records that reveal methods used by the Office of Inspector General of Medicaid
7611     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
7612     abuse;
7613          (61) information provided to the Department of Health or the Division of
7614     [Occupational and] Professional Licensing under Subsections 58-67-304(3) and (4) and
7615     Subsections 58-68-304(3) and (4);
7616          (62) a record described in Section 63G-12-210;

7617          (63) captured plate data that is obtained through an automatic license plate reader
7618     system used by a governmental entity as authorized in Section 41-6a-2003;
7619          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
7620     victim, including:
7621          (a) a victim's application or request for benefits;
7622          (b) a victim's receipt or denial of benefits; and
7623          (c) any administrative notes or records made or created for the purpose of, or used to,
7624     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
7625     Reparations Fund;
7626          (65) an audio or video recording created by a body-worn camera, as that term is
7627     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
7628     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
7629     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
7630     that term is defined in Section 62A-2-101, except for recordings that:
7631          (a) depict the commission of an alleged crime;
7632          (b) record any encounter between a law enforcement officer and a person that results in
7633     death or bodily injury, or includes an instance when an officer fires a weapon;
7634          (c) record any encounter that is the subject of a complaint or a legal proceeding against
7635     a law enforcement officer or law enforcement agency;
7636          (d) contain an officer involved critical incident as defined in Subsection
7637     76-2-408(1)(f); or
7638          (e) have been requested for reclassification as a public record by a subject or
7639     authorized agent of a subject featured in the recording;
7640          (66) a record pertaining to the search process for a president of an institution of higher
7641     education described in Section 53B-2-102, except for application materials for a publicly
7642     announced finalist;
7643          (67) an audio recording that is:
7644          (a) produced by an audio recording device that is used in conjunction with a device or
7645     piece of equipment designed or intended for resuscitating an individual or for treating an
7646     individual with a life-threatening condition;
7647          (b) produced during an emergency event when an individual employed to provide law

7648     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
7649          (i) is responding to an individual needing resuscitation or with a life-threatening
7650     condition; and
7651          (ii) uses a device or piece of equipment designed or intended for resuscitating an
7652     individual or for treating an individual with a life-threatening condition; and
7653          (c) intended and used for purposes of training emergency responders how to improve
7654     their response to an emergency situation;
7655          (68) records submitted by or prepared in relation to an applicant seeking a
7656     recommendation by the Research and General Counsel Subcommittee, the Budget
7657     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
7658     employment position with the Legislature;
7659          (69) work papers as defined in Section 31A-2-204;
7660          (70) a record made available to Adult Protective Services or a law enforcement agency
7661     under Section 61-1-206;
7662          (71) a record submitted to the Insurance Department in accordance with Section
7663     31A-37-201;
7664          (72) a record described in Section 31A-37-503;
7665          (73) any record created by the Division of [Occupational and] Professional Licensing
7666     as a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
7667          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
7668     involving an amusement ride;
7669          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
7670     on a political petition, or on a request to withdraw a signature from a political petition,
7671     including a petition or request described in the following titles:
7672          (a) Title 10, Utah Municipal Code;
7673          (b) Title 17, Counties;
7674          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
7675          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
7676          (e) Title 20A, Election Code;
7677          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
7678     a voter registration record;

7679          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
7680     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
7681     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
7682          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
7683     5, Victims Guidelines for Prosecutors Act;
7684          (79) a record submitted to the Insurance Department under Subsection
7685     31A-48-103(1)(b);
7686          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
7687     prohibited under Section 63G-26-103;
7688          (81) (a) an image taken of an individual during the process of booking the individual
7689     into jail, unless:
7690          (i) the individual is convicted of a criminal offense based upon the conduct for which
7691     the individual was incarcerated at the time the image was taken;
7692          (ii) a law enforcement agency releases or disseminates the image after determining
7693     that:
7694          (A) the individual is a fugitive or an imminent threat to an individual or to public
7695     safety; and
7696          (B) releasing or disseminating the image will assist in apprehending the individual or
7697     reducing or eliminating the threat; or
7698          (iii) a judge orders the release or dissemination of the image based on a finding that the
7699     release or dissemination is in furtherance of a legitimate law enforcement interest.
7700          (82) a record:
7701          (a) concerning an interstate claim to the use of waters in the Colorado River system;
7702          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
7703     representative from another state or the federal government as provided in Section
7704     63M-14-205; and
7705          (c) the disclosure of which would:
7706          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
7707     Colorado River system;
7708          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
7709     negotiate the best terms and conditions regarding the use of water in the Colorado River

7710     system; or
7711          (iii) give an advantage to another state or to the federal government in negotiations
7712     regarding the use of water in the Colorado River system; and
7713          (83) any part of an application described in Section 63N-16-201 that the Governor's
7714     Office of Economic Opportunity determines is nonpublic, confidential information that if
7715     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
7716     not be used to restrict access to a record evidencing a final contract or approval decision.
7717          Section 114. Section 63I-1-258 is amended to read:
7718          63I-1-258. Repeal dates, Title 58.
7719          (1) Section 58-3a-201, which creates the Architects Licensing Board, is repealed July
7720     1, 2026.
7721          [(2) Section 58-11a-302.5 is repealed July 1, 2022.]
7722          [(3)] (2) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
7723     repealed July 1, 2026.
7724          [(4)] (3) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1,
7725     2025.
7726          [(5)] (4) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1,
7727     2028.
7728          [(6)] (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of
7729     Legislative Research and General Counsel is authorized to renumber the remaining subsections
7730     accordingly.
7731          [(7)] (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
7732     [2023] 2033.
7733          [(8)] (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
7734     Act, is repealed July 1, 2029.
7735          [(9)] (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
7736     2025.
7737          [(10)] (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
7738     repealed July 1, 2023.
7739          [(11)] (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
7740     2024.

7741          [(12)] (11) Subsection 58-55-201(2), which creates the Alarm System and Security
7742     Licensing Advisory Board, is repealed July 1, 2027.
7743          [(13)] (12) Subsection 58-60-405(3), regarding certain educational qualifications for
7744     licensure and reporting, is repealed July 1, 2022.
7745          [(14)] (13) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
7746     July 1, 2026.
7747          [(15)] (14) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
7748          [(16)] (15) The following sections are repealed on July 1, 2022:
7749          (a) Section 58-5a-502;
7750          (b) Section 58-31b-502.5;
7751          (c) Section 58-67-502.5;
7752          (d) Section 58-68-502.5; and
7753          (e) Section 58-69-502.5.
7754          Section 115. Section 63J-1-602.1 is amended to read:
7755          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
7756          Appropriations made from the following accounts or funds are nonlapsing:
7757          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
7758     and Leadership Restricted Account created in Section 4-42-102.
7759          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
7760          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
7761     Section 9-18-102.
7762          (4) The National Professional Men's Soccer Team Support of Building Communities
7763     Restricted Account created in Section 9-19-102.
7764          (5) Funds collected for directing and administering the C-PACE district created in
7765     Section 11-42a-106.
7766          (6) Money received by the Utah Inland Port Authority, as provided in Section
7767     11-58-105.
7768          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
7769          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
7770          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
7771     Section 19-2a-106.

7772          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
7773     Section 19-5-126.
7774          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
7775     Section 23-14-13.5.
7776          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
7777     Section 24-4-117.
7778          (13) Funds collected from the program fund for local health department expenses
7779     incurred in responding to a local health emergency under Section 26-1-38.
7780          (14) The Children with Cancer Support Restricted Account created in Section
7781     26-21a-304.
7782          (15) State funds for matching federal funds in the Children's Health Insurance Program
7783     as provided in Section 26-40-108.
7784          (16) The Children with Heart Disease Support Restricted Account created in Section
7785     26-58-102.
7786          (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
7787          (18) The Technology Development Restricted Account created in Section 31A-3-104.
7788          (19) The Criminal Background Check Restricted Account created in Section
7789     31A-3-105.
7790          (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
7791     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
7792          (21) The Title Licensee Enforcement Restricted Account created in Section
7793     31A-23a-415.
7794          (22) The Health Insurance Actuarial Review Restricted Account created in Section
7795     31A-30-115.
7796          (23) The Insurance Fraud Investigation Restricted Account created in Section
7797     31A-31-108.
7798          (24) The Underage Drinking Prevention Media and Education Campaign Restricted
7799     Account created in Section 32B-2-306.
7800          (25) The School Readiness Restricted Account created in Section 35A-15-203.
7801          (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
7802     products or services, as provided in Section 35A-13-202.

7803          (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
7804          (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
7805          (29) The Division of Oil, Gas, and Mining Restricted account created in Section
7806     40-6-23.
7807          (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
7808     the Motor Vehicle Division.
7809          (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
7810     created by Section 41-3-110 to the State Tax Commission.
7811          (32) The Utah Law Enforcement Memorial Support Restricted Account created in
7812     Section 53-1-120.
7813          (33) The State Disaster Recovery Restricted Account to the Division of Emergency
7814     Management, as provided in Section 53-2a-603.
7815          (34) The Department of Public Safety Restricted Account to the Department of Public
7816     Safety, as provided in Section 53-3-106.
7817          (35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
7818     53-8-303.
7819          (36) The DNA Specimen Restricted Account created in Section 53-10-407.
7820          (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
7821          (38) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
7822          (39) The Higher Education Capital Projects Fund created in Section 53B-22-202.
7823          (40) A certain portion of money collected for administrative costs under the School
7824     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
7825          (41) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
7826     subject to Subsection 54-5-1.5(4)(d).
7827          (42) Funds collected from a surcharge fee to provide certain licensees with access to an
7828     electronic reference library, as provided in Section 58-3a-105.
7829          (43) Certain fines collected by the Division of [Occupational and] Professional
7830     Licensing for violation of unlawful or unprofessional conduct that are used for education and
7831     enforcement purposes, as provided in Section 58-17b-505.
7832          (44) Funds collected from a surcharge fee to provide certain licensees with access to an
7833     electronic reference library, as provided in Section 58-22-104.

7834          (45) Funds collected from a surcharge fee to provide certain licensees with access to an
7835     electronic reference library, as provided in Section 58-55-106.
7836          (46) Funds collected from a surcharge fee to provide certain licensees with access to an
7837     electronic reference library, as provided in Section 58-56-3.5.
7838          (47) Certain fines collected by the Division of [Occupational and] Professional
7839     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
7840     provided in Section 58-63-103.
7841          (48) The Relative Value Study Restricted Account created in Section 59-9-105.
7842          (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
7843          (50) Funds paid to the Division of Real Estate for the cost of a criminal background
7844     check for a mortgage loan license, as provided in Section 61-2c-202.
7845          (51) Funds paid to the Division of Real Estate for the cost of a criminal background
7846     check for principal broker, associate broker, and sales agent licenses, as provided in Section
7847     61-2f-204.
7848          (52) Certain funds donated to the Department of Human Services, as provided in
7849     Section 62A-1-111.
7850          (53) The National Professional Men's Basketball Team Support of Women and
7851     Children Issues Restricted Account created in Section 62A-1-202.
7852          (54) Certain funds donated to the Division of Child and Family Services, as provided
7853     in Section 62A-4a-110.
7854          (55) The Choose Life Adoption Support Restricted Account created in Section
7855     62A-4a-608.
7856          (56) Funds collected by the Office of Administrative Rules for publishing, as provided
7857     in Section 63G-3-402.
7858          (57) The Immigration Act Restricted Account created in Section 63G-12-103.
7859          (58) Money received by the military installation development authority, as provided in
7860     Section 63H-1-504.
7861          (59) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
7862          (60) The Unified Statewide 911 Emergency Service Account created in Section
7863     63H-7a-304.
7864          (61) The Utah Statewide Radio System Restricted Account created in Section

7865     63H-7a-403.
7866          (62) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
7867          (63) The Motion Picture Incentive Account created in Section 63N-8-103.
7868          (64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
7869     as provided under Section 63N-10-301.
7870          (65) Funds collected by the housing of state probationary inmates or state parole
7871     inmates, as provided in Subsection 64-13e-104(2).
7872          (66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
7873     and State Lands, as provided in Section 65A-8-103.
7874          (67) The Transportation of Veterans to Memorials Support Restricted Account created
7875     in Section 71-14-102.
7876          (68) The Amusement Ride Safety Restricted Account, as provided in Section
7877     72-16-204.
7878          (69) Certain funds received by the Office of the State Engineer for well drilling fines or
7879     bonds, as provided in Section 73-3-25.
7880          (70) The Water Resources Conservation and Development Fund, as provided in
7881     Section 73-23-2.
7882          (71) Funds donated or paid to a juvenile court by private sources, as provided in
7883     Subsection 78A-6-203(1)(c).
7884          (72) Fees for certificate of admission created under Section 78A-9-102.
7885          (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
7886     78B-6-144, and 78B-6-144.5.
78