1     
PROFESSIONAL LICENSING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: A. Cory Maloy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to professional licensing.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates and modifies definitions;
13          ▸     clarifies the purpose of recommendations provided by a professional licensing board
14     to the director of the Division of Professional Licensing (division);
15          ▸     authorizes the director of the division to designate certain professional licensing
16     board members to preside over adjudicative proceedings concerning professional
17     licenses;
18          ▸     creates a process for review of the designated professional licensing board members'
19     recommended order after an adjudicative proceeding;
20          ▸     modifies professional license application requirements regarding proof of identity;
21          ▸     allows the division to designate information regarding proof of identity that is
22     included with a professional license application as a private government record;
23          ▸     clarifies supervision requirements for a physician assistant performing a cosmetic
24     medical procedure;
25          ▸     removes provisions requiring the division to administer a radiology practical
26     technician examination for radiology-related license applicants;
27          ▸     modifies penalties for unlawful conduct by a person licensed to engage in a
28     construction trade;
29          ▸     removes requirements a licensed advanced practice registered nurse is required to

30     meet before prescribing or administering a Schedule II controlled substance;
31          ▸     removes provisions prohibiting the division from issuing or renewing a nurse's
32     license for past criminal convictions;
33          ▸     modifies licensing requirements for certain funeral service establishments and
34     professionals, landscape architects, security personnel, and deception detection
35     examiners;
36          ▸     modifies background check requirements for licensed pharmacies, alarm companies,
37     security car companies, and deception detector examiners;
38          ▸     grants administrative rulemaking authority; and
39          ▸     makes technical changes.
40     Money Appropriated in this Bill:
41          None
42     Other Special Clauses:
43          None
44     Utah Code Sections Affected:
45     AMENDS:
46          58-1-108, as last amended by Laws of Utah 2008, Chapter 382
47          58-1-109, as last amended by Laws of Utah 2016, Chapter 238
48          58-1-201, as last amended by Laws of Utah 2013, Chapter 262
49          58-1-202, as last amended by Laws of Utah 2022, Chapter 415
50          58-1-301, as last amended by Laws of Utah 2022, Chapters 413, 415
51          58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438 and 466
52          58-1-501, as last amended by Laws of Utah 2020, Chapters 289, 339
53          58-1-506, as last amended by Laws of Utah 2016, Chapter 75
54          58-9-306, as last amended by Laws of Utah 2007, Chapter 144
55          58-17b-102, as last amended by Laws of Utah 2021, Chapters 127, 340
56          58-17b-306, as last amended by Laws of Utah 2017, Chapter 384
57          58-17b-307, as last amended by Laws of Utah 2018, Chapter 318

58          58-17b-625, as last amended by Laws of Utah 2021, Chapter 340
59          58-31b-102, as last amended by Laws of Utah 2022, Chapter 277
60          58-31b-302, as last amended by Laws of Utah 2022, Chapter 277
61          58-31b-502, as last amended by Laws of Utah 2022, Chapter 290
62          58-31b-803, as last amended by Laws of Utah 2022, Chapter 274
63          58-53-302, as last amended by Laws of Utah 2009, Chapter 183
64          58-54-302, as last amended by Laws of Utah 2020, Chapter 339
65          58-55-102, as last amended by Laws of Utah 2022, Chapters 415, 446
66          58-55-302, as last amended by Laws of Utah 2022, Chapter 415
67          58-55-303, as last amended by Laws of Utah 2013, Chapter 57
68          58-55-503, as last amended by Laws of Utah 2022, Chapter 415
69          58-63-102, as last amended by Laws of Utah 2022, Chapter 415
70          58-63-302, as last amended by Laws of Utah 2022, Chapter 415
71          58-64-302, as last amended by Laws of Utah 2020, Chapters 154, 339
72     ENACTS:
73          58-55-302.1, Utah Code Annotated 1953
74          58-63-302.1, Utah Code Annotated 1953
75          58-64-302.1, Utah Code Annotated 1953
76     

77     Be it enacted by the Legislature of the state of Utah:
78          Section 1. Section 58-1-108 is amended to read:
79          58-1-108. Adjudicative proceedings.
80          (1) The division and all boards created under [the authority of] this title, including the
81     members of a board designated under Subsection 58-1-109(3), shall comply with the
82     procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G,
83     Chapter 4, Administrative Procedures Act, in all of their adjudicative proceedings as defined by
84     Subsection 63G-4-103(1).
85          (2) Before proceeding under Section 63G-4-502, the division shall review the proposed

86     action with a committee of no less than three licensees appointed by the chairman of the
87     licensing board created under this title for the profession of the person against whom the action
88     is proposed.
89          (3) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, a warning
90     or final disposition letter which does not constitute disciplinary action against the addressee,
91     issued in response to a complaint of unprofessional or unlawful conduct under this title, does
92     not constitute an adjudicative proceeding.
93          Section 2. Section 58-1-109 is amended to read:
94          58-1-109. Presiding officers -- Content of orders -- Recommended orders -- Final
95     orders -- Appeal of orders.
96          (1) (a) Unless otherwise specified by statute or rule made in accordance with Title 63G,
97     Chapter 3, Utah Administrative Rulemaking Act, the presiding officer for adjudicative
98     proceedings before the division [shall be] is the director. [However, pursuant to]
99          (b) Under Title 63G, Chapter 4, Administrative Procedures Act, the director may
100     designate in writing an individual or body of individuals to act as presiding officer to conduct
101     or [to] assist the director in conducting any part or all of an adjudicative proceeding.
102          (2) Unless otherwise specified by the director, an administrative law judge shall be
103     designated as the presiding officer to conduct formal adjudicative proceedings in accordance
104     with Subsection 63G-4-102(4), Sections 63G-4-204 through 63G-4-207, and 63G-4-209.
105          (3) (a) Unless otherwise specified by the director, the licensing board of the
106     [occupation or] profession that is the subject of the proceedings shall be designated as the
107     presiding officer to serve as fact finder at the evidentiary hearing in a formal adjudicative
108     proceeding.
109          (b) (i) If the licensing board is composed of seven or more members, the director may
110     designate any odd number of board members to represent the licensing board as the presiding
111     officer under Subsection (3)(a).
112          (ii) Notwithstanding Subsection 58-1-201(3), the vote of the majority of the board
113     members designated under Subsection (3)(b)(i) is sufficient authority for the licensing board to

114     act as the presiding officer.
115          (4) (a) At the close of an evidentiary hearing in an adjudicative proceeding, unless
116     otherwise specified by the director, the presiding officer who served as the fact finder at the
117     hearing shall issue a recommended order based [upon] on the record developed at the hearing
118     determining all issues pending before the division.
119          (b) If the director designates certain licensing board members under Subsection (3)(b)
120     to represent the licensing board described in Subsection (3)(a), the person who is aggrieved by
121     the designated board members' recommended order may petition the licensing board to review
122     the designated board members' recommended order.
123          (c) The licensing board shall issue a recommended order based on the review under
124     Subsection (4)(b) that shall become the recommended order of the presiding officer.
125          (5) (a) (i) The director shall issue a final order affirming the recommended order or
126     modifying or rejecting all or any part of the recommended order and entering new findings of
127     fact, conclusions of law, statement of reasons, and order based [upon] on the director's personal
128     attendance at the hearing or a review of the record developed at the hearing.
129          (ii) Before modifying or rejecting a recommended order, the director shall consult with
130     the presiding officer who issued the recommended order.
131          (b) (i) If the director issues a final order modifying or rejecting a recommended order,
132     the licensing board of the [occupation or] profession that is the subject of the proceeding may,
133     by a two-thirds majority vote of all board members, petition the executive director or designee
134     within the department to review the director's final order.
135          (ii) The executive director's decision shall become the final order of the division.
136          (c) This [subsection] Subsection (5) does not limit the right of the parties to appeal the
137     director's final order by filing a request for agency review under Subsection (8).
138          (6) If the director is unable for any reason to rule [upon] on a recommended order of a
139     presiding officer, the director may designate another person within the division to issue a final
140     order.
141          (7) If the director or the director's designee does not initiate additional fact finding or

142     issue a final order within 20 calendar days after the [date of the] day on which the
143     recommended order of the presiding officer is issued, the recommended order becomes the
144     final order of the director or the director's designee.
145          (8) The final order of the director may be appealed by filing a request for agency
146     review with the executive director or the executive director's designee within the department.
147          (9) The content of all orders shall comply with the requirements of Subsection
148     63G-4-203(1)(i) and Sections 63G-4-208 and 63G-4-209.
149          Section 3. Section 58-1-201 is amended to read:
150          58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies --
151     Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
152     professional school that teaches continuing education prohibited.
153          (1) (a) (i) The executive director shall appoint the members of the boards established
154     under this title.
155          (ii) In appointing [these] the board members the executive director shall give
156     consideration to recommendations by members of the respective [occupations and professions
157     and by their] professions and the professions' organizations.
158          (b) Each board shall be composed of five members, four of whom [shall be] are
159     licensed or certified practitioners in good standing of the [occupation or] profession the board
160     represents, and one of whom [shall be] is a member of the general public, unless otherwise
161     provided under the specific licensing chapter.
162          (c) (i) The name of each [person] individual appointed to a board shall be submitted to
163     the governor for confirmation or rejection.
164          (ii) If an appointee is rejected by the governor, the executive director shall appoint
165     another [person] individual in the same manner as set forth in Subsection (1)(a).
166          (2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members
167     expire, the executive director shall appoint each new board member or reappointed board
168     member to a four-year term.
169          (ii) Upon the expiration of the term of a board member, the board member shall

170     continue to serve until a successor is appointed, but for a period not to exceed six months from
171     the expiration date of the board member's term.
172          (b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
173     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
174     of board members are staggered so that approximately half of the board is appointed every two
175     years.
176          (c) A board member may not serve more than two consecutive terms, and a board
177     member who ceases to serve on a board may not serve again on that board until after the
178     expiration of a two-year period beginning from that cessation of service.
179          (d) (i) When a vacancy occurs in the board membership for any reason, the
180     replacement shall be appointed for the unexpired term.
181          (ii) After filling that term, the replacement board member may be appointed for only
182     one additional full term.
183          (e) The director, with the approval of the executive director, may remove a board
184     member and replace the board member in accordance with this section for the following
185     reasons:
186          (i) the board member fails or refuses to fulfill the responsibilities and duties of a board
187     member, including attendance at board meetings;
188          (ii) the board member engages in unlawful or unprofessional conduct; or
189          (iii) if appointed to the board position as a licensed member of the board, the board
190     member fails to maintain a license that is active and in good standing.
191          (3) (a) A majority of the board members constitutes a quorum.
192          (b) [A] Except as provided in Subsection 58-1-109(3), a quorum is sufficient authority
193     for the board to act.
194          (4) A board member may not receive compensation or benefits for the board member's
195     service, but may receive per diem and travel expenses in accordance with:
196          (a) Section 63A-3-106;
197          (b) Section 63A-3-107; and

198          (c) rules made by the Division of Finance [pursuant to] under Sections 63A-3-106 and
199     63A-3-107.
200          (5) Each board shall annually designate one of [its] the board's members to serve as
201     chair for a one-year period.
202          (6) A board member may not be a member of the faculty of, or have a financial interest
203     in, a vocational or professional college or school that provides continuing education to any
204     licensee if that continuing education is required by statute or rule made in accordance with
205     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
206          Section 4. Section 58-1-202 is amended to read:
207          58-1-202. Boards -- Duties, functions, and responsibilities.
208          (1) [The] Except as provided in Subsection (2), the duties, functions, and
209     responsibilities of each board established under this title include the following:
210          (a) recommending to the director appropriate rules and statutory changes to improve
211     the health, safety, and financial welfare of the public, including changes to remove regulations
212     that are no longer necessary or effective in protecting the public and enhancing commerce;
213          (b) recommending to the director policy and budgetary matters;
214          (c) approving and establishing a passing score for applicant examinations;
215          (d) screening applicants and recommending licensing, renewal, reinstatement, and
216     relicensure actions to the director in writing;
217          (e) assisting the director in establishing standards of supervision for students or persons
218     in training to become qualified to obtain a license in the [occupation or] profession [it] the
219     board represents; and
220          (f) in accordance with Section 58-1-109, acting as presiding officer in conducting
221     hearings associated with adjudicative proceedings and in issuing recommended orders when so
222     designated by the director.
223          (2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah
224     Construction Trades Licensing Act.
225          (3) (a) Each board or commission established under this title may recommend to the

226     appropriate legislative committee whether the board or commission supports a change to a
227     licensing act.
228          (b) This Subsection (3) does not:
229          (i) require a board's approval to amend a practice act; [and] or
230          (ii) apply to technical or clarifying amendments to a practice act.
231          Section 5. Section 58-1-301 is amended to read:
232          58-1-301. License application -- Licensing procedure.
233          (1) (a) Each license applicant shall apply to the division in writing upon forms
234     available from the division.
235          (b) Each completed application shall:
236          (i) contain documentation of the particular qualifications required of the applicant
237     under this title or rules made by the division in accordance with Title 63G, Chapter 3, Utah
238     Administrative Rulemaking Act;
239          (ii) include the applicant's:
240          (A) full legal name; and
241          (B) social security number, or other satisfactory evidence of the applicant's identity
242     permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah
243     Administrative Rulemaking Act;
244          (iii) be verified by the applicant; and
245          (iv) be accompanied by the appropriate fees.
246          (c) An applicant's social security number is a private record under Subsection
247     63G-2-302(1)(i).
248          (d) The division may designate an applicant's evidence of identity under Subsection
249     (1)(b)(ii)(B) as a private record in accordance with Section 63G-2-302.
250          (2) (a) The division shall issue a license to an applicant who submits a complete
251     application if the division determines that the applicant meets the qualifications of licensure.
252          (b) The division shall provide a written notice of additional proceedings to an applicant
253     who submits a complete application, but who has been, is, or will be placed under investigation

254     by the division for conduct directly bearing upon the applicant's qualifications for licensure, if
255     the outcome of additional proceedings is required to determine the division's response to the
256     application.
257          (c) The division shall provide a written notice of denial of licensure to an applicant
258     who submits a complete application if the division determines that the applicant does not meet
259     the qualifications of licensure.
260          (d) The division shall provide a written notice of incomplete application and
261     conditional denial of licensure to an applicant who submits an incomplete application, which
262     notice shall advise the applicant that the application is incomplete and that the application is
263     denied, unless the applicant corrects the deficiencies within the time period specified in the
264     notice and otherwise meets all qualifications for licensure.
265          (3) The division may only issue a license to an applicant under this title if the applicant
266     meets the requirements for that license as established under this title and by division rule made
267     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
268          (4) If an applicant meets all requirements for a specific license, the division shall issue
269     the license to the applicant.
270          (5) (a) As used in this Subsection (5):
271          (i) (A) "Competency-based licensing requirement" means a practical assessment of
272     knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
273     or profession regulated by this title, and which the director determines is at least as effective as
274     a time-based licensing requirement at demonstrating proficiency and protecting the health and
275     safety of the public.
276          (B) "Competency-based licensing requirement" may include any combination of
277     training, experience, testing, or observation.
278          (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
279     months, or years of education, training, supervised training, or other experience that an
280     applicant for licensure under this title is required to complete before receiving a license under
281     this title.

282          (B) "Time-based licensing requirement" does not include an associate degree, a
283     bachelor's degree, or a graduate degree from an accredited institution of higher education.
284          (b) Subject to Subsection (5)(c), for an occupation or profession regulated by this title
285     that has a time-based licensing requirement, the director, after consultation with the appropriate
286     board, may by division rule made in accordance with Title 63G, Chapter 3, Utah
287     Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing
288     requirement as an alternative to completing the time-based licensing requirement.
289          (c) If a time-based licensing requirement involves a program that must be approved or
290     accredited by a specific entity or board, the director may only allow an applicant to complete a
291     competency-based licensing requirement as an alternative to completing the time-based
292     licensing requirement under Subsection (5)(b) if the competency-based requirement is
293     approved or accredited by the specific entity or board as a replacement or alternative to the
294     time-based licensing requirement.
295          Section 6. Section 58-1-301.5 is amended to read:
296          58-1-301.5. Division access to Bureau of Criminal Identification records.
297          (1) The division shall have direct access to local files maintained by the Bureau of
298     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
299     for background screening of individuals who are applying for licensure, licensure renewal,
300     licensure reinstatement, or relicensure, as required in:
301          (a) [Section] Sections 58-17b-306 and 58-17b-307;
302          (b) Sections 58-24b-302 and 58-24b-302.1;
303          (c) Section 58-31b-302;
304          (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
305     Practice Act;
306          (e) Section 58-44a-302.1;
307          (f) Section 58-47b-302;
308          (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
309     company agents, and Section 58-55-302.1;

310          (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
311     Health Professional Practice Act;
312          (i) Sections 58-61-304 and 58-61-304.1;
313          (j) [Section] Sections 58-63-302 and 58-63-302.1;
314          (k) [Section] Sections 58-64-302 and 58-64-302.1;
315          (l) Sections 58-67-302 and 58-67-302.1; and
316          (m) Sections 58-68-302 and 58-68-302.1.
317          (2) The division's access to criminal background information under this section:
318          (a) shall meet the requirements of Section 53-10-108; and
319          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
320     held in abeyance, dismissed charges, and charges without a known disposition.
321          (3) The division may not disseminate outside of the division any criminal history
322     record information that the division obtains from the Bureau of Criminal Identification or the
323     Federal Bureau of Investigation under the criminal background check requirements of this
324     section.
325          Section 7. Section 58-1-501 is amended to read:
326          58-1-501. Unlawful and unprofessional conduct.
327          (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
328     under this title and includes:
329          (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
330     attempting to practice or engage in any [occupation or] profession requiring licensure under
331     this title if the person is:
332          (i) not licensed to do so or not exempted from licensure under this title; or
333          (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
334     probationary, or inactive license;
335          (b) (i) impersonating another licensee or practicing [an occupation or] a profession
336     under a false or assumed name, except as permitted by law; or
337          (ii) for a licensee who has had a license under this title reinstated following disciplinary

338     action, practicing the same [occupation or] profession using a different name than the name
339     used before the disciplinary action, except as permitted by law and after notice to, and approval
340     by, the division;
341          (c) knowingly employing any other person to practice or engage in or attempt to
342     practice or engage in any [occupation or] profession licensed under this title if the employee is
343     not licensed to do so under this title;
344          (d) knowingly permitting the person's authority to practice or engage in any
345     [occupation or] profession licensed under this title to be used by another, except as permitted
346     by law;
347          (e) obtaining a passing score on a licensure examination, applying for or obtaining a
348     license, or otherwise dealing with the division or a licensing board through the use of fraud,
349     forgery, or intentional deception, misrepresentation, misstatement, or omission;
350          (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
351     drug or device to a person located in this state:
352          (A) without prescriptive authority conferred by a license issued under this title, or by
353     an exemption to licensure under this title; or
354          (B) with prescriptive authority conferred by an exception issued under this title or a
355     multistate practice privilege recognized under this title, if the prescription was issued without
356     first obtaining information, in the usual course of professional practice, that is sufficient to
357     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
358     proposed treatment; and
359          (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
360     or cross coverage situation, provided that the person who issues the prescription has
361     prescriptive authority conferred by a license under this title, or is exempt from licensure under
362     this title; or
363          (g) aiding or abetting any other person to violate any statute, rule, or order regulating
364     [an occupation or] a profession under this title.
365          (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined

366     as unprofessional conduct under this title or under any rule adopted under this title and
367     includes:
368          (a) violating any statute, rule, or order regulating [an occupation or] a profession under
369     this title;
370          (b) violating, or aiding or abetting any other person to violate, any generally accepted
371     professional or ethical standard applicable to [an occupation or] a profession regulated under
372     this title;
373          (c) subject to the provisions of Subsection (4), engaging in conduct that results in
374     conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
375     abeyance pending the successful completion of probation with respect to a crime [of moral
376     turpitude or any other crime] that, when considered with the functions and duties of the
377     [occupation or] profession for which the license was issued or is to be issued, bears a
378     substantial relationship to the licensee's or applicant's ability to safely or competently practice
379     the [occupation or] profession;
380          (d) engaging in conduct that results in disciplinary action, including reprimand,
381     censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
382     authority having jurisdiction over the licensee or applicant in the same [occupation or]
383     profession if the conduct would, in this state, constitute grounds for denial of licensure or
384     disciplinary proceedings under Section 58-1-401;
385          (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
386     chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
387     ability of the licensee or applicant to safely engage in the [occupation or] profession;
388          (f) practicing or attempting to practice [an occupation or] a profession regulated under
389     this title despite being physically or mentally unfit to do so;
390          (g) practicing or attempting to practice [an occupation or] a profession regulated under
391     this title through gross incompetence, gross negligence, or a pattern of incompetency or
392     negligence;
393          (h) practicing or attempting to practice [an occupation or] a profession requiring

394     licensure under this title by any form of action or communication which is false, misleading,
395     deceptive, or fraudulent;
396          (i) practicing or attempting to practice [an occupation or] a profession regulated under
397     this title beyond the scope of the licensee's competency, abilities, or education;
398          (j) practicing or attempting to practice [an occupation or] a profession regulated under
399     this title beyond the scope of the licensee's license;
400          (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
401     conduct connected with the licensee's practice under this title or otherwise facilitated by the
402     licensee's license;
403          (l) acting as a supervisor without meeting the qualification requirements for that
404     position that are defined by statute or rule;
405          (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
406     drug or device:
407          (i) without first obtaining information in the usual course of professional practice, that
408     is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
409     the proposed treatment; or
410          (ii) with prescriptive authority conferred by an exception issued under this title, or a
411     multi-state practice privilege recognized under this title, if the prescription was issued without
412     first obtaining information, in the usual course of professional practice, that is sufficient to
413     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
414     proposed treatment;
415          (n) violating a provision of Section 58-1-501.5; or
416          (o) violating the terms of an order governing a license.
417          (3) Unless otherwise specified by statute or administrative rule, in a civil or
418     administrative proceeding commenced by the division under this title, a person subject to any
419     of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
420     violation.
421          (4) The following are not evidence of engaging in unprofessional conduct under

422     Subsection (2)(c):
423          (a) an arrest not followed by a conviction; or
424          (b) a conviction for which an individual's incarceration has ended more than seven
425     years before the date of the division's consideration, unless:
426          (i) after the incarceration the individual has engaged in additional conduct that results
427     in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
428     held in abeyance pending the successful completion of probation; or
429          (ii) the conviction was for:
430          (A) a violent felony as defined in Section 76-3-203.5;
431          (B) a felony related to a criminal sexual act [pursuant to] under Title 76, Chapter 5,
432     Part 4, Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
433          (C) a felony related to criminal fraud or embezzlement, including a felony [pursuant to]
434     under Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
435          Section 8. Section 58-1-506 is amended to read:
436          58-1-506. Supervision of cosmetic medical procedures.
437          (1) For purposes of this section:
438          (a) "Delegation group A" means the following who are licensed under this title, acting
439     within their respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii):
440          (i) a physician assistant, if acting [under the supervision of a physician and the
441     procedure is included in the delegation of services agreement as defined in Section 58-70a-102]
442     in accordance with Chapter 70a, Utah Physician Assistant Act;
443          (ii) a registered nurse;
444          (iii) a master esthetician; and
445          (iv) an electrologist, if evaluating for or performing laser hair removal.
446          (b) "Delegation group B" means:
447          (i) a practical nurse or an esthetician who is licensed under this title, acting within their
448     respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii); and
449          (ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).

450          (c) "Direct cosmetic medical procedure supervision" means the supervisor:
451          (i) has authorized the procedure to be done on the patient by the supervisee; and
452          (ii) is present and available for a face-to-face communication with the supervisee when
453     and where a cosmetic medical procedure is performed.
454          (d) "General cosmetic medical procedure supervision" means the supervisor:
455          (i) has authorized the procedure to be done on the patient by the supervisee;
456          (ii) is available in a timely and appropriate manner in person to evaluate and initiate
457     care for a patient with a suspected adverse reaction or complication; and
458          (iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
459          (e) "Hair removal review" means:
460          (i) conducting an in-person, face-to-face interview of a patient based on the responses
461     provided by the patient to a detailed medical history assessment that was prepared by the
462     supervisor;
463          (ii) evaluating for contraindications and conditions that are part of the treatment plan;
464     and
465          (iii) if the patient history or patient presentation deviates in any way from the treatment
466     plan, referring the patient to the supervisor and receiving clearance from the supervisor before
467     starting the treatment.
468          (f) "Indirect cosmetic medical procedure supervision" means the supervisor:
469          (i) has authorized the procedure to be done on the patient by the supervisee;
470          (ii) has given written instructions to the person being supervised;
471          (iii) is present within the cosmetic medical facility in which the person being
472     supervised is providing services; and
473          (iv) is available to:
474          (A) provide immediate face-to-face communication with the person being supervised;
475     and
476          (B) evaluate the patient, as necessary.
477          (2) A supervisor supervising a nonablative cosmetic medical procedure for hair

478     removal shall:
479          (a) have an unrestricted license to practice medicine or advanced practice registered
480     nursing in the state;
481          (b) develop the medical treatment plan for the procedure;
482          (c) conduct a hair removal review, or delegate the hair removal review to a member of
483     delegation group A, of the patient prior to initiating treatment or a series of treatments;
484          (d) personally perform the nonablative cosmetic medical procedure for hair removal, or
485     authorize and delegate the procedure to a member of delegation group A or B;
486          (e) during the nonablative cosmetic medical procedure for hair removal provide general
487     cosmetic medical procedure supervision to individuals in delegation group A performing the
488     procedure, except physician assistants, who shall [be supervised as provided in] act in
489     accordance with Chapter 70a, Utah Physician Assistant Act, and indirect cosmetic medical
490     procedure supervision to individuals in delegation group B performing the procedure; and
491          (f) verify that a person to whom the supervisor delegates an evaluation under
492     Subsection (2)(c) or delegates a procedure under Subsection (2)(d) or (3)(c)(ii):
493          (i) has received appropriate training regarding the medical procedures developed under
494     Subsection (2)(b);
495          (ii) has an unrestricted license under this title or is performing under the license of the
496     supervising physician and surgeon; and
497          (iii) has maintained competence to perform the nonablative cosmetic medical
498     procedure through documented education and experience of at least 80 hours, as further
499     defined by rule, regarding:
500          (A) the appropriate standard of care for performing nonablative cosmetic medical
501     procedures;
502          (B) physiology of the skin;
503          (C) skin typing and analysis;
504          (D) skin conditions, disorders, and diseases;
505          (E) pre- and post-procedure care;

506          (F) infection control;
507          (G) laser and light physics training;
508          (H) laser technologies and applications;
509          (I) safety and maintenance of lasers;
510          (J) cosmetic medical procedures an individual is permitted to perform under this title;
511          (K) recognition and appropriate management of complications from a procedure; and
512          (L) cardiopulmonary resuscitation (CPR).
513          (3) For a nonablative cosmetic medical procedure other than hair removal under
514     Subsection (2):
515          (a) a physician who has an unrestricted license to practice medicine, a nurse
516     practitioner who has an unrestricted license for advanced practice registered nursing, or a
517     physician assistant acting [under the supervision of a physician, with the procedure included in
518     the delegation of service agreement as defined in Section 58-70a-102] in accordance with
519     Chapter 70a, Utah Physician Assistant Act, who has an unrestricted license to practice as a
520     physician assistant, shall:
521          (i) develop a treatment plan for the nonablative cosmetic medical procedure; and
522          (ii) conduct an in-person face-to-face evaluation of the patient prior to the initiation of
523     a treatment protocol or series of treatments; and
524          (b) a nurse practitioner or physician assistant conducting an in-person face-to-face
525     evaluation of a patient under Subsection (3)(a)(ii) prior to removing a tattoo shall:
526          (i) inspect the patient's skin for any discoloration unrelated to the tattoo and any other
527     indication of cancer or other condition that should be treated or further evaluated before the
528     tattoo is removed;
529          (ii) refer a patient with any such condition to a physician for treatment or further
530     evaluation; and
531          (iii) shall not supervise a nonablative cosmetic medical procedure to remove a tattoo on
532     the patient until the patient has been approved for the tattoo removal by a physician who has
533     evaluated the patient; and

534          (c) the supervisor supervising the procedure shall:
535          (i) have an unrestricted license to practice medicine or advanced practice registered
536     nursing;
537          (ii) personally perform the nonablative cosmetic medical procedure or:
538          (A) authorize and provide general cosmetic medical procedure supervision for the
539     nonablative cosmetic medical procedure that is performed by a registered nurse or a master
540     esthetician;
541          (B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
542     Assistant Act, for the nonablative cosmetic medical procedure that is performed by a physician
543     assistant[, if the procedure is included in the delegation of services agreement]; or
544          (C) authorize and provide direct cosmetic medical procedure supervision for the
545     nonablative cosmetic medical procedure that is performed by an esthetician; and
546          (iii) verify that a person to whom the supervisor delegates a procedure under
547     Subsection (3)(c):
548          (A) has received appropriate training regarding the medical procedures to be
549     performed;
550          (B) has an unrestricted license and is acting within the person's scope of practice under
551     this title; and
552          (C) is qualified under Subsection (2)(f)(iii).
553          (4) A supervisor performing or supervising a cosmetic medical procedure under
554     Subsection (2) or (3) shall ensure that:
555          (a) the supervisor's name is prominently posted at the cosmetic medical facility
556     identifying the supervisor;
557          (b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
558     facility;
559          (c) the patient receives written information with the name and licensing information of
560     the supervisor who is supervising the nonablative cosmetic medical procedure and the person
561     who is performing the nonablative cosmetic medical procedure;

562          (d) the patient is provided with a telephone number that is answered within 24 hours
563     for follow-up communication; and
564          (e) the cosmetic medical facility's contract with a master esthetician who performs a
565     nonablative cosmetic medical procedure at the facility is kept on the premises of the facility.
566          (5) Failure to comply with the provisions of this section is unprofessional conduct.
567          (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
568     Act, is not subject to the supervision requirements in this section for a nonablative cosmetic
569     medical procedure for hair removal if the chiropractic physician is acting within the scope of
570     practice of a chiropractic physician and with training specific to nonablative hair removal.
571          Section 9. Section 58-9-306 is amended to read:
572          58-9-306. License by endorsement.
573          The division may issue a license by endorsement under this chapter to a person who:
574          (1) provides documentation that the funeral service director's current licensure is
575     active, in good standing, and free from any disciplinary action;
576          (2) submits an application on a form provided by the division;
577          (3) pays a fee determined by the department;
578          (4) [is of good moral character in that the person] has not been convicted of:
579          (a) a first or second degree felony; or
580          [(b) a misdemeanor involving moral turpitude; or]
581          [(c)] (b) [any other] crime that when considered with the duties and responsibilities of
582     the license for which the person is applying is considered by the division and the board to
583     indicate that the best interests of the public are not served by granting the applicant a license;
584          (5) has completed five years of lawful and active practice as a licensed funeral service
585     director and embalmer within the 10 years immediately preceding the application for licensure
586     by endorsement;
587          (6) has passed a national examination determined by the division; and
588          (7) has demonstrated competency of the laws and the rules of the state as determined
589     by the division.

590          Section 10. Section 58-17b-102 is amended to read:
591          58-17b-102. Definitions.
592          In addition to the definitions in Section 58-1-102, as used in this chapter:
593          (1) "Administering" means:
594          (a) the direct application of a prescription drug or device, whether by injection,
595     inhalation, ingestion, or by any other means, to the body of a human patient or research subject
596     by another person; or
597          (b) the placement by a veterinarian with the owner or caretaker of an animal or group
598     of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other
599     means directed to the body of the animal by the owner or caretaker in accordance with written
600     or verbal directions of the veterinarian.
601          (2) "Adulterated drug or device" means a drug or device considered adulterated under
602     21 U.S.C. Sec. 351 (2003).
603          (3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for
604     the purpose of analysis.
605          (b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
606     used as standards and controls in performing drug monitoring or drug screening analysis if the
607     prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid
608     components, organic solvents, or inorganic buffers at a concentration not exceeding one
609     milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic
610     use.
611          (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by
612     the use of prescription drugs.
613          (5) "Automated pharmacy systems" includes mechanical systems which perform
614     operations or activities, other than compounding or administration, relative to the storage,
615     packaging, dispensing, or distribution of medications, and which collect, control, and maintain
616     all transaction information.
617          (6) "Beyond use date" means the date determined by a pharmacist and placed on a

618     prescription label at the time of dispensing that indicates to the patient or caregiver a time
619     beyond which the contents of the prescription are not recommended to be used.
620          (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created
621     in Section 58-17b-201.
622          (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
623     underserved area, used for the storage and dispensing of prescription drugs, which is dependent
624     upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and
625     approved by the division as the parent pharmacy.
626          (9) "Centralized prescription processing" means the processing by a pharmacy of a
627     request from another pharmacy to fill or refill a prescription drug order or to perform
628     processing functions such as dispensing, drug utilization review, claims adjudication, refill
629     authorizations, and therapeutic interventions.
630          (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a
631     retail pharmacy to compound or dispense a drug or dispense a device to the public under a
632     prescription order.
633          (11) "Class B pharmacy":
634          (a) means a pharmacy located in Utah:
635          (i) that is authorized to provide pharmaceutical care for patients in an institutional
636     setting; and
637          (ii) whose primary purpose is to provide a physical environment for patients to obtain
638     health care services; and
639          (b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
640          (ii) pharmaceutical administration and sterile product preparation facilities.
641          (12) "Class C pharmacy" means a pharmacy that engages in the manufacture,
642     production, wholesale, or distribution of drugs or devices in Utah.
643          (13) "Class D pharmacy" means a nonresident pharmacy.
644          (14) "Class E pharmacy" means all other pharmacies.
645          (15) (a) "Closed-door pharmacy" means a pharmacy that:

646          (i) provides pharmaceutical care to a defined and exclusive group of patients who have
647     access to the services of the pharmacy because they are treated by or have an affiliation with a
648     specific entity, including a health maintenance organization or an infusion company; or
649          (ii) engages exclusively in the practice of telepharmacy and does not serve walk-in
650     retail customers.
651          (b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods
652     to the general public, or the office of a practitioner.
653          (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or
654     more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
655     more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical
656     care functions authorized by the practitioner or practitioners under certain specified conditions
657     or limitations.
658          (17) "Collaborative pharmacy practice agreement" means a written and signed
659     agreement between one or more pharmacists and one or more practitioners that provides for
660     collaborative pharmacy practice for the purpose of drug therapy management of patients and
661     prevention of disease of human subjects.
662          (18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or
663     labeling of a limited quantity drug, sterile product, or device:
664          (i) as the result of a practitioner's prescription order or initiative based on the
665     practitioner, patient, or pharmacist relationship in the course of professional practice;
666          (ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and
667     not for sale or dispensing; or
668          (iii) in anticipation of prescription drug orders based on routine, regularly observed
669     prescribing patterns.
670          (b) "Compounding" does not include:
671          (i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to
672     another pharmacist or pharmaceutical facility;
673          (ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a

674     dosage form which is regularly and commonly available from a manufacturer in quantities and
675     strengths prescribed by a practitioner; or
676          (iii) the preparation of a prescription drug, sterile product, or device which has been
677     withdrawn from the market for safety reasons.
678          (19) "Confidential information" has the same meaning as "protected health
679     information" under the Standards for Privacy of Individually Identifiable Health Information,
680     45 C.F.R. Parts 160 and 164.
681          (20) "Controlled substance" means the same as that term is defined in Section 58-37-2.
682          (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter
683     417, Sec. 3a(ff) which is incorporated by reference.
684          (22) "Dispense" means the interpretation, evaluation, and implementation of a
685     prescription drug order or device or nonprescription drug or device under a lawful order of a
686     practitioner in a suitable container appropriately labeled for subsequent administration to or use
687     by a patient, research subject, or an animal.
688          (23) "Dispensing medical practitioner" means an individual who is:
689          (a) currently licensed as:
690          (i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
691          (ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical
692     Practice Act;
693          (iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
694          (iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
695          (v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist
696     is acting within the scope of practice for an optometrist; and
697          (b) licensed by the division under the Pharmacy Practice Act to engage in the practice
698     of a dispensing medical practitioner.
699          (24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
700     located within a licensed dispensing medical practitioner's place of practice.
701          (25) "Distribute" means to deliver a drug or device other than by administering or

702     dispensing.
703          (26) (a) "Drug" means:
704          (i) a substance recognized in the official United States Pharmacopoeia, official
705     Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
706     supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
707     prevention of disease in humans or animals;
708          (ii) a substance that is required by any applicable federal or state law or rule to be
709     dispensed by prescription only or is restricted to administration by practitioners only;
710          (iii) a substance other than food intended to affect the structure or any function of the
711     body of humans or other animals; and
712          (iv) substances intended for use as a component of any substance specified in
713     Subsections (26)(a)(i), (ii), (iii), and (iv).
714          (b) "Drug" does not include dietary supplements.
715          (27) "Drug regimen review" includes the following activities:
716          (a) evaluation of the prescription drug order and patient record for:
717          (i) known allergies;
718          (ii) rational therapy-contraindications;
719          (iii) reasonable dose and route of administration; and
720          (iv) reasonable directions for use;
721          (b) evaluation of the prescription drug order and patient record for duplication of
722     therapy;
723          (c) evaluation of the prescription drug order and patient record for the following
724     interactions:
725          (i) drug-drug;
726          (ii) drug-food;
727          (iii) drug-disease; and
728          (iv) adverse drug reactions; and
729          (d) evaluation of the prescription drug order and patient record for proper utilization,

730     including over- or under-utilization, and optimum therapeutic outcomes.
731          (28) "Drug sample" means a prescription drug packaged in small quantities consistent
732     with limited dosage therapy of the particular drug, which is marked "sample", is not intended to
733     be sold, and is intended to be provided to practitioners for the immediate needs of patients for
734     trial purposes or to provide the drug to the patient until a prescription can be filled by the
735     patient.
736          (29) "Electronic signature" means a trusted, verifiable, and secure electronic sound,
737     symbol, or process attached to or logically associated with a record and executed or adopted by
738     a person with the intent to sign the record.
739          (30) "Electronic transmission" means transmission of information in electronic form or
740     the transmission of the exact visual image of a document by way of electronic equipment.
741          (31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to
742     inpatients of a general acute hospital or specialty hospital licensed by the Department of Health
743     under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
744          (32) "Legend drug" has the same meaning as prescription drug.
745          (33) "Licensed pharmacy technician" means an individual licensed with the division,
746     that may, under the supervision of a pharmacist, perform the activities involved in the
747     technician practice of pharmacy.
748          (34) "Manufacturer" means a person or business physically located in Utah licensed to
749     be engaged in the manufacturing of drugs or devices.
750          (35) (a) "Manufacturing" means:
751          (i) the production, preparation, propagation, conversion, or processing of a drug or
752     device, either directly or indirectly, by extraction from substances of natural origin or
753     independently by means of chemical or biological synthesis, or by a combination of extraction
754     and chemical synthesis, and includes any packaging or repackaging of the substance or labeling
755     or relabeling of its container; and
756          (ii) the promotion and marketing of such drugs or devices.
757          (b) "Manufacturing" includes the preparation and promotion of commercially available

758     products from bulk compounds for resale by pharmacies, practitioners, or other persons.
759          (c) "Manufacturing" does not include the preparation or compounding of a drug by a
760     pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation,
761     compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical
762     analysis.
763          (36) "Medical order" means a lawful order of a practitioner which may include a
764     prescription drug order.
765          (37) "Medication profile" or "profile" means a record system maintained as to drugs or
766     devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze
767     the profile to provide pharmaceutical care.
768          (38) "Misbranded drug or device" means a drug or device considered misbranded under
769     21 U.S.C. Sec. 352 (2003).
770          (39) (a) "Nonprescription drug" means a drug which:
771          (i) may be sold without a prescription; and
772          (ii) is labeled for use by the consumer in accordance with federal law.
773          (b) "Nonprescription drug" includes homeopathic remedies.
774          (40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
775     person in Utah.
776          (41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
777          (42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located
778     outside the state that is licensed and in good standing in another state, that:
779          (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
780     this state pursuant to a lawfully issued prescription;
781          (b) provides information to a patient in this state on drugs or devices which may
782     include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
783     or
784          (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic
785     effects of drugs.

786          (43) "Patient counseling" means the written and oral communication by the pharmacist
787     or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of
788     drugs, devices, and dietary supplements.
789          (44) "Pharmaceutical administration facility" means a facility, agency, or institution in
790     which:
791          (a) prescription drugs or devices are held, stored, or are otherwise under the control of
792     the facility or agency for administration to patients of that facility or agency;
793          (b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist
794     or pharmacy intern with whom the facility has established a prescription drug supervising
795     relationship under which the pharmacist or pharmacy intern provides counseling to the facility
796     or agency staff as required, and oversees drug control, accounting, and destruction; and
797          (c) prescription drugs are professionally administered in accordance with the order of a
798     practitioner by an employee or agent of the facility or agency.
799          (45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a
800     prescribing practitioner, and in accordance with division rule:
801          (i) designing, implementing, and monitoring a therapeutic drug plan intended to
802     achieve favorable outcomes related to a specific patient for the purpose of curing or preventing
803     the patient's disease;
804          (ii) eliminating or reducing a patient's symptoms; or
805          (iii) arresting or slowing a disease process.
806          (b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
807     prescribing practitioner.
808          (46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering,
809     distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this
810     state.
811          (47) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
812     engaged in the business of wholesale vending or selling of a prescription drug or device to
813     other than a consumer or user of the prescription drug or device that the pharmaceutical facility

814     has not produced, manufactured, compounded, or dispensed.
815          (b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical
816     facility carrying out the following business activities:
817          (i) intracompany sales;
818          (ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
819     purchase, or trade a prescription drug or device, if the activity is carried out between one or
820     more of the following entities under common ownership or common administrative control, as
821     defined by division rule:
822          (A) hospitals;
823          (B) pharmacies;
824          (C) chain pharmacy warehouses, as defined by division rule; or
825          (D) other health care entities, as defined by division rule;
826          (iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
827     purchase, or trade a prescription drug or device, for emergency medical reasons, including
828     supplying another pharmaceutical facility with a limited quantity of a drug, if:
829          (A) the facility is unable to obtain the drug through a normal distribution channel in
830     sufficient time to eliminate the risk of harm to a patient that would result from a delay in
831     obtaining the drug; and
832          (B) the quantity of the drug does not exceed an amount reasonably required for
833     immediate dispensing to eliminate the risk of harm;
834          (iv) the distribution of a prescription drug or device as a sample by representatives of a
835     manufacturer; and
836          (v) the distribution of prescription drugs, if:
837          (A) the facility's total distribution-related sales of prescription drugs does not exceed
838     5% of the facility's total prescription drug sales; and
839          (B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
840          (48) "Pharmacist" means an individual licensed by this state to engage in the practice
841     of pharmacy.

842          (49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing
843     who accepts responsibility for the operation of a pharmacy in conformance with all laws and
844     rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally
845     in full and actual charge of the pharmacy and all personnel.
846          (50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or
847     more years of licensed experience. The preceptor serves as a teacher, example of professional
848     conduct, and supervisor of interns in the professional practice of pharmacy.
849          (51) "Pharmacy" means any place where:
850          (a) drugs are dispensed;
851          (b) pharmaceutical care is provided;
852          (c) drugs are processed or handled for eventual use by a patient; or
853          (d) drugs are used for the purpose of analysis or research.
854          (52) "Pharmacy benefits manager or coordinator" means a person or entity that
855     provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf
856     of a self-insured employer, insurance company, health maintenance organization, or other plan
857     sponsor, as defined by rule.
858          (53) "Pharmacy intern" means an individual licensed by this state to engage in practice
859     as a pharmacy intern.
860          (54) "Pharmacy manager" means:
861          (a) a pharmacist-in-charge;
862          (b) a licensed pharmacist designated by a licensed pharmacy to consult on the
863     pharmacy's administration;
864          (c) an individual who manages the facility in which a licensed pharmacy is located;
865          (d) an individual who oversees the operations of a licensed pharmacy;
866          (e) an immediate supervisor of an individual described in Subsections (54)(a) through
867     (d); or
868          (f) another operations or site manager of a licensed pharmacy.
869          (55) "Pharmacy technician training program" means an approved technician training

870     program providing education for pharmacy technicians.
871          [(55)] (56) (a) "Practice as a dispensing medical practitioner" means the practice of
872     pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part
873     8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and
874     division rule adopted after consultation with the Board of pharmacy and the governing boards
875     of the practitioners described in Subsection (23)(a).
876          (b) "Practice as a dispensing medical practitioner" does not include:
877          (i) using a vending type of dispenser as defined by the division by administrative rule;
878     or
879          (ii) except as permitted by Section 58-17b-805, dispensing of a controlled substance as
880     defined in Section 58-37-2.
881          [(56)] (57) "Practice as a licensed pharmacy technician" means engaging in practice as
882     a pharmacy technician under the general supervision of a licensed pharmacist and in
883     accordance with a scope of practice defined by division rule made in collaboration with the
884     board.
885          [(57)] (58) "Practice of pharmacy" includes the following:
886          (a) providing pharmaceutical care;
887          (b) collaborative pharmacy practice in accordance with a collaborative pharmacy
888     practice agreement;
889          (c) compounding, packaging, labeling, dispensing, administering, and the coincident
890     distribution of prescription drugs or devices, provided that the administration of a prescription
891     drug or device is:
892          (i) pursuant to a lawful order of a practitioner when one is required by law; and
893          (ii) in accordance with written guidelines or protocols:
894          (A) established by the licensed facility in which the prescription drug or device is to be
895     administered on an inpatient basis; or
896          (B) approved by the division, in collaboration with the board and, when appropriate,
897     the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device

898     is to be administered on an outpatient basis solely by a licensed pharmacist;
899          (d) participating in drug utilization review;
900          (e) ensuring proper and safe storage of drugs and devices;
901          (f) maintaining records of drugs and devices in accordance with state and federal law
902     and the standards and ethics of the profession;
903          (g) providing information on drugs or devices, which may include advice relating to
904     therapeutic values, potential hazards, and uses;
905          (h) providing drug product equivalents;
906          (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
907     technicians;
908          (j) providing patient counseling, including adverse and therapeutic effects of drugs;
909          (k) providing emergency refills as defined by rule;
910          (l) telepharmacy;
911          (m) formulary management intervention;
912          (n) prescribing and dispensing a self-administered hormonal contraceptive in
913     accordance with Title 26, Chapter 64, Family Planning Access Act; and
914          (o) issuing a prescription in accordance with Section 58-17b-627.
915          [(58)] (59) "Practice of telepharmacy" means the practice of pharmacy through the use
916     of telecommunications and information technologies.
917          [(59)] (60) "Practice of telepharmacy across state lines" means the practice of
918     pharmacy through the use of telecommunications and information technologies that occurs
919     when the patient is physically located within one jurisdiction and the pharmacist is located in
920     another jurisdiction.
921          [(60)] (61) "Practitioner" means an individual currently licensed, registered, or
922     otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the
923     course of professional practice.
924          [(61)] (62) "Prescribe" means to issue a prescription:
925          (a) orally or in writing; or

926          (b) by telephone, facsimile transmission, computer, or other electronic means of
927     communication as defined by division rule.
928          [(62)] (63) "Prescription" means an order issued:
929          (a) by a licensed practitioner in the course of that practitioner's professional practice or
930     by collaborative pharmacy practice agreement; and
931          (b) for a controlled substance or other prescription drug or device for use by a patient
932     or an animal.
933          [(63)] (64) "Prescription device" means an instrument, apparatus, implement, machine,
934     contrivance, implant, in vitro reagent, or other similar or related article, and any component
935     part or accessory, which is required under federal or state law to be prescribed by a practitioner
936     and dispensed by or through a person or entity licensed under this chapter or exempt from
937     licensure under this chapter.
938          [(64)] (65) "Prescription drug" means a drug that is required by federal or state law or
939     rule to be dispensed only by prescription or is restricted to administration only by practitioners.
940          [(65)] (66) "Repackage":
941          (a) means changing the container, wrapper, or labeling to further the distribution of a
942     prescription drug; and
943          (b) does not include:
944          (i) Subsection [(65)(a)] (66)(a)when completed by the pharmacist responsible for
945     dispensing the product to a patient; or
946          (ii) changing or altering a label as necessary for a dispensing practitioner under Part 8,
947     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, for
948     dispensing a product to a patient.
949          [(66)] (67) "Research using pharmaceuticals" means research:
950          (a) conducted in a research facility, as defined by division rule, that is associated with a
951     university or college in the state accredited by the Northwest Commission on Colleges and
952     Universities;
953          (b) requiring the use of a controlled substance, prescription drug, or prescription

954     device;
955          (c) that uses the controlled substance, prescription drug, or prescription device in
956     accordance with standard research protocols and techniques, including, if required, those
957     approved by an institutional review committee; and
958          (d) that includes any documentation required for the conduct of the research and the
959     handling of the controlled substance, prescription drug, or prescription device.
960          [(67)] (68) "Retail pharmacy" means a pharmaceutical facility dispensing prescription
961     drugs and devices to the general public.
962          [(68)] (69) (a) "Self-administered hormonal contraceptive" means a self-administered
963     hormonal contraceptive that is approved by the United States Food and Drug Administration to
964     prevent pregnancy.
965          (b) "Self-administered hormonal contraceptive" includes an oral hormonal
966     contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
967          (c) "Self-administered hormonal contraceptive" does not include any drug intended to
968     induce an abortion, as that term is defined in Section 76-7-301.
969          [(69)] (70) "Self-audit" means an internal evaluation of a pharmacy to determine
970     compliance with this chapter.
971          [(70)] (71) "Supervising pharmacist" means a pharmacist who is overseeing the
972     operation of the pharmacy during a given day or shift.
973          [(71)] (72) "Supportive personnel" means unlicensed individuals who:
974          (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
975     pharmacy technician in nonjudgmental duties not included in the definition of the practice of
976     pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as
977     those duties may be further defined by division rule adopted in collaboration with the board;
978     and
979          (b) are supervised by a pharmacist in accordance with rules adopted by the division in
980     collaboration with the board.
981          [(72)] (73) "Unlawful conduct" means the same as that term is defined in Sections

982     58-1-501 and 58-17b-501.
983          [(73)] (74) "Unprofessional conduct" means the same as that term is defined in
984     Sections 58-1-501 and 58-17b-502 and may be further defined by rule.
985          [(74)] (75) "Veterinary pharmaceutical facility" means a pharmaceutical facility that
986     dispenses drugs intended for use by animals or for sale to veterinarians for the administration
987     for animals.
988          Section 11. Section 58-17b-306 is amended to read:
989          58-17b-306. Qualifications for licensure as a pharmacy.
990          (1) Each applicant for licensure under this section, except for those applying for a class
991     D license, shall:
992          (a) submit a written application in the form prescribed by the division;
993          (b) pay a fee as determined by the department under Section 63J-1-504;
994          (c) satisfy the division that the applicant, and each owner, officer, or manager of the
995     applicant have not engaged in any act, practice, or omission, which when considered with the
996     duties and responsibilities of a licensee under this section indicates there is cause to believe
997     that issuing a license to the applicant is inconsistent with the interest of the public's health,
998     safety, or welfare;
999          (d) demonstrate the licensee's operations will be in accordance with all federal, state,
1000     and local laws relating to the type of activity engaged in by the licensee, including regulations
1001     of the Federal Drug Enforcement Administration and Food and Drug Administration;
1002          (e) maintain operating standards established by division rule made in collaboration
1003     with the board[;] and in accordance with Title 63G, Chapter 3, Utah Administrative
1004     Rulemaking Act;
1005          (f) for each pharmacy manager, submit fingerprint cards and consent to a fingerprint
1006     background check in accordance with Section 58-17b-307; and
1007          [(f)] (g) acknowledge the division's authority to inspect the licensee's business premises
1008     pursuant to Section 58-17b-103.
1009          (2) Each applicant applying for a class D license shall:

1010          (a) submit a written application in the form prescribed by the division;
1011          (b) pay a fee as determined by the department under Section 63J-1-504;
1012          (c) present to the division verification of licensure in the state where physically located
1013     and verification that such license is in good standing;
1014          (d) satisfy the division that the applicant and each of the applicant's pharmacy
1015     managers has not engaged in any act, practice, or omission, which when considered with the
1016     duties and responsibilities of a licensee under this section, indicates there is cause to believe
1017     that issuing a license to the applicant is inconsistent with the interest of the public's health,
1018     safety, or welfare;
1019          (e) for each pharmacy manager, submit fingerprint cards and consent to a fingerprint
1020     background check in accordance with Section 58-17b-307;
1021          [(d)] (f) provide a statement of the scope of pharmacy services that will be provided
1022     and a detailed description of the protocol as described by rule by which pharmacy care will be
1023     provided, including any collaborative practice arrangements with other health care
1024     practitioners;
1025          [(e)] (g) sign an affidavit attesting that any healthcare practitioners employed by the
1026     applicant and physically located in Utah have the appropriate license issued by the division and
1027     in good standing;
1028          [(f)] (h) sign an affidavit attesting that the applicant will abide by the pharmacy laws
1029     and regulations of the jurisdiction in which the pharmacy is located; and
1030          [(g)] (i) if an applicant engages in compounding, submit the most recent inspection
1031     report:
1032          (i) conducted within two years before the application for licensure; and
1033          (ii) (A) conducted as part of the National Association of Boards of Pharmacy Verified
1034     Pharmacy Program; or
1035          (B) performed by the state licensing agency of the state in which the applicant is a
1036     resident and in accordance with the National Association of Boards of Pharmacy multistate
1037     inspection blueprint program.

1038          (3) Each license issued under this section shall be issued for a single, specific address,
1039     and is not transferable or assignable.
1040          Section 12. Section 58-17b-307 is amended to read:
1041          58-17b-307. Qualification for licensure -- Criminal background checks.
1042          (1) An individual applicant for licensure under this chapter shall:
1043          (a) submit fingerprint cards in a form acceptable to the division at the time the license
1044     application is filed; and
1045          (b) in accordance with this section and requirements established by rule made in
1046     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consent to a
1047     fingerprint background check regarding the application conducted by the:
1048          (i) Utah Bureau of Criminal Identification; and
1049          (ii) Federal Bureau of Investigation.
1050          (2) An applicant for licensure as a pharmacy under this chapter shall submit the
1051     information described in Subsection (1) for each of the applicant's pharmacy managers.
1052          [(2)] (3) The division shall:
1053          (a) in addition to other fees authorized by this chapter, collect from each applicant
1054     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
1055     Identification is authorized to collect for the services provided under Section 53-10-108 and the
1056     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
1057     obtaining federal criminal history record information;
1058          (b) submit from each applicant the fingerprint card and the fees described in
1059     Subsection (2)(a) to the Bureau of Criminal Identification; and
1060          (c) obtain and retain in division records, a signed waiver approved by the Bureau of
1061     Criminal Identification in accordance with Section 53-10-108 for each [applicant] individual
1062     who requires a background check under this section.
1063          [(3)] (4) The Bureau of Criminal Identification shall, in accordance with the
1064     requirements of Section 53-10-108:
1065          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state

1066     and regional criminal records databases;
1067          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
1068     criminal history background check; and
1069          (c) provide the results from the state, regional, and nationwide criminal history
1070     background checks to the division.
1071          [(4)] (5) For purposes of conducting the criminal background check required in
1072     Subsection (1), the division shall have direct access to criminal background information
1073     maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
1074          [(5)] (6) (a) A new pharmacy, pharmacist, pharmacy intern, or pharmacy technician
1075     license issued under this section is conditional, pending completion of the criminal background
1076     [check] checks.
1077          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
1078     criminal background check required in Subsection [(1),] (1) discloses that the applicant or the
1079     applicant's pharmacy manager has failed to accurately disclose a criminal history, the license is
1080     immediately and automatically revoked upon notice to the licensee by the division.
1081          [(6)] (7) (a) A person whose conditional license has been revoked under Subsection
1082     [(5)] (6) is entitled to a postrevocation hearing to challenge the revocation.
1083          (b) The division shall conduct a postrevocation hearing in accordance with Title 63G,
1084     Chapter 4, Administrative Procedures Act.
1085          [(7)] (8) The division may not disseminate outside of the division any criminal history
1086     record information that the division obtains from the Bureau of Criminal Identification or the
1087     Federal Bureau of Investigation under the criminal background check requirements of this
1088     section.
1089          Section 13. Section 58-17b-625 is amended to read:
1090          58-17b-625. Administration of a long-acting injectable and naloxone.
1091          (1) A pharmacist may, in accordance with this section, administer a drug described in
1092     Subsection (2).
1093          (2) Notwithstanding the provisions of Subsection [58-17b-102(57)(c)(ii)(B)]

1094     58-17b-102(58)(c)(ii)(B), the division shall make rules in collaboration with the board and,
1095     when appropriate, the Physicians Licensing Board created in Section 58-67-201, and in
1096     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish
1097     training for a pharmacist to administer naloxone and long-acting injectables intramuscularly.
1098          (3) A pharmacist may not administer naloxone or a long-acting injectable
1099     intramuscularly unless the pharmacist:
1100          (a) completes the training described in Subsection (2);
1101          (b) administers the drug at a clinic or community pharmacy, as those terms are defined
1102     by the division, by administrative rule made in accordance with Title 63G, Chapter 3, Utah
1103     Administrative Rulemaking Act; and
1104          (c) is directed by the physician, as that term is defined in Section 58-67-102 or Section
1105     58-68-102, who issues the prescription to administer the drug.
1106          Section 14. Section 58-31b-102 is amended to read:
1107          58-31b-102. Definitions.
1108          In addition to the definitions in Section 58-1-102, as used in this chapter:
1109          (1) "Administrative penalty" means a monetary fine or citation imposed by the division
1110     for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a
1111     fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah
1112     Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in
1113     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1114          (2) "Applicant" means an individual who applies for licensure or certification under
1115     this chapter by submitting a completed application for licensure or certification and the
1116     required fees to the department.
1117          (3) "Approved education program" means a nursing education program that is
1118     accredited by an accrediting body for nursing education that is approved by the United States
1119     Department of Education.
1120          (4) "Board" means the Board of Nursing created in Section 58-31b-201.
1121          (5) "Diagnosis" means the identification of and discrimination between physical and

1122     psychosocial signs and symptoms essential to the effective execution and management of
1123     health care.
1124          (6) "Examinee" means an individual who applies to take or does take any examination
1125     required under this chapter for licensure.
1126          (7) "Licensee" means an individual who is licensed or certified under this chapter.
1127          (8) "Long-term care facility" means any of the following facilities licensed by the
1128     Department of Health pursuant to Title 26, Chapter 21, Health Care Facility Licensing and
1129     Inspection Act:
1130          (a) a nursing care facility;
1131          (b) a small health care facility;
1132          (c) an intermediate care facility for people with an intellectual disability;
1133          (d) an assisted living facility Type I or II; or
1134          (e) a designated swing bed unit in a general hospital.
1135          (9) "Medication aide certified" means a certified nurse aide who:
1136          (a) has a minimum of 2,000 hours experience working as a certified nurse aide;
1137          (b) has received a minimum of 60 hours of classroom and 40 hours of practical training
1138     that is approved by the division in collaboration with the board, in administering routine
1139     medications to patients or residents of long-term care facilities; and
1140          (c) is certified by the division as a medication aide certified.
1141          (10) (a) "Practice as a medication aide certified" means the limited practice of nursing
1142     under the supervision, as defined by the division by rule made in accordance with Title 63G,
1143     Chapter 3, Utah Administrative Rulemaking Act, of a licensed nurse, involving routine patient
1144     care that requires minimal or limited specialized or general knowledge, judgment, and skill, to
1145     an individual who:
1146          (i) is ill, injured, infirm, has a physical, mental, developmental, or intellectual
1147     disability; and
1148          (ii) is in a regulated long-term care facility.
1149          (b) "Practice as a medication aide certified":

1150          (i) includes:
1151          (A) providing direct personal assistance or care; and
1152          (B) administering routine medications to patients in accordance with a formulary and
1153     protocols to be defined by the division by rule made in accordance with Title 63G, Chapter 3,
1154     Utah Administrative Rulemaking Act; and
1155          (ii) does not include assisting a resident of an assisted living facility, a long term care
1156     facility, or an intermediate care facility for people with an intellectual disability to self
1157     administer a medication, as regulated by the Department of Health by rule made in accordance
1158     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1159          (11) "Practice of advanced practice registered nursing" means the practice of nursing
1160     within the generally recognized scope and standards of advanced practice registered nursing as
1161     defined by rule and consistent with professionally recognized preparation and education
1162     standards of an advanced practice registered nurse by a person licensed under this chapter as an
1163     advanced practice registered nurse. "Practice of advanced practice registered nursing" includes:
1164          (a) maintenance and promotion of health and prevention of disease;
1165          (b) diagnosis, treatment, correction, consultation, and referral;
1166          (c) prescription or administration of prescription drugs or devices including:
1167          (i) local anesthesia;
1168          (ii) Schedule III-V controlled substances; and
1169          (iii) [Subject to Section 58-31b-803,] Schedule II controlled substances; or
1170          (d) the provision of preoperative, intraoperative, and postoperative anesthesia care and
1171     related services upon the request of a licensed health care professional by an advanced practice
1172     registered nurse specializing as a certified registered nurse anesthetist, including:
1173          (i) preanesthesia preparation and evaluation including:
1174          (A) performing a preanesthetic assessment of the patient;
1175          (B) ordering and evaluating appropriate lab and other studies to determine the health of
1176     the patient; and
1177          (C) selecting, ordering, or administering appropriate medications;

1178          (ii) anesthesia induction, maintenance, and emergence, including:
1179          (A) selecting and initiating the planned anesthetic technique;
1180          (B) selecting and administering anesthetics and adjunct drugs and fluids; and
1181          (C) administering general, regional, and local anesthesia;
1182          (iii) postanesthesia follow-up care, including:
1183          (A) evaluating the patient's response to anesthesia and implementing corrective
1184     actions; and
1185          (B) selecting, ordering, or administering the medications and studies listed in this
1186     Subsection (11)(d);
1187          (iv) other related services within the scope of practice of a certified registered nurse
1188     anesthetist, including:
1189          (A) emergency airway management;
1190          (B) advanced cardiac life support; and
1191          (C) the establishment of peripheral, central, and arterial invasive lines; and
1192          (v) for purposes of this Subsection (11)(d), "upon the request of a licensed health care
1193     professional":
1194          (A) means a health care professional practicing within the scope of the health care
1195     professional's license, requests anesthesia services for a specific patient; and
1196          (B) does not require an advanced practice registered nurse specializing as a certified
1197     registered nurse anesthetist to obtain additional authority to select, administer, or provide
1198     preoperative, intraoperative, or postoperative anesthesia care and services.
1199          (12) "Practice of nursing" means assisting individuals or groups to maintain or attain
1200     optimal health, implementing a strategy of care to accomplish defined goals and evaluating
1201     responses to care and treatment, and requires substantial specialized or general knowledge,
1202     judgment, and skill based upon principles of the biological, physical, behavioral, and social
1203     sciences. "Practice of nursing" includes:
1204          (a) initiating and maintaining comfort measures;
1205          (b) promoting and supporting human functions and responses;

1206          (c) establishing an environment conducive to well-being;
1207          (d) providing health counseling and teaching;
1208          (e) collaborating with health care professionals on aspects of the health care regimen;
1209          (f) performing delegated procedures only within the education, knowledge, judgment,
1210     and skill of the licensee;
1211          (g) delegating nursing tasks that may be performed by others, including an unlicensed
1212     assistive personnel; and
1213          (h) supervising an individual to whom a task is delegated under Subsection (12)(g) as
1214     the individual performs the task.
1215          (13) "Practice of practical nursing" means the performance of nursing acts in the
1216     generally recognized scope of practice of licensed practical nurses as defined by division rule
1217     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as
1218     provided in this Subsection (13) by an individual licensed under this chapter as a licensed
1219     practical nurse and under the direction of a registered nurse, licensed physician, or other
1220     specified health care professional as defined by division rule made in accordance with Title
1221     63G, Chapter 3, Utah Administrative Rulemaking Act. Practical nursing acts include:
1222          (a) contributing to the assessment of the health status of individuals and groups;
1223          (b) participating in the development and modification of the strategy of care;
1224          (c) implementing appropriate aspects of the strategy of care;
1225          (d) maintaining safe and effective nursing care rendered to a patient directly or
1226     indirectly; and
1227          (e) participating in the evaluation of responses to interventions.
1228          (14) "Practice of registered nursing" means performing acts of nursing as provided in
1229     this Subsection (14) by an individual licensed under this chapter as a registered nurse within
1230     the generally recognized scope of practice of registered nurses as defined by division rule made
1231     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Registered
1232     nursing acts include:
1233          (a) assessing the health status of individuals and groups;

1234          (b) identifying health care needs;
1235          (c) establishing goals to meet identified health care needs;
1236          (d) planning a strategy of care;
1237          (e) prescribing nursing interventions to implement the strategy of care;
1238          (f) implementing the strategy of care;
1239          (g) maintaining safe and effective nursing care that is rendered to a patient directly or
1240     indirectly;
1241          (h) evaluating responses to interventions;
1242          (i) teaching the theory and practice of nursing; and
1243          (j) managing and supervising the practice of nursing.
1244          (15) "Registered nurse apprentice" means an individual licensed under Subsection
1245     58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the
1246     indirect supervision of an individual licensed under:
1247          (a) Subsection 58-31b-301(2)(c), (e), or (f);
1248          (b) Chapter 67, Utah Medical Practice Act; or
1249          (c) Chapter 68, Utah Osteopathic Medical Practice Act.
1250          (16) "Routine medications":
1251          (a) means established medications administered to a medically stable individual as
1252     determined by a licensed health care practitioner or in consultation with a licensed medical
1253     practitioner; and
1254          (b) is limited to medications that are administered by the following routes:
1255          (i) oral;
1256          (ii) sublingual;
1257          (iii) buccal;
1258          (iv) eye;
1259          (v) ear;
1260          (vi) nasal;
1261          (vii) rectal;

1262          (viii) vaginal;
1263          (ix) skin ointments, topical including patches and transdermal;
1264          (x) premeasured medication delivered by aerosol/nebulizer; and
1265          (xi) medications delivered by metered hand-held inhalers.
1266          (17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
1267     and 58-31b-501.
1268          (18) "Unlicensed assistive personnel" means any unlicensed individual, regardless of
1269     title, who is delegated a task by a licensed nurse as permitted by division rule made in
1270     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards
1271     of the profession.
1272          (19) "Unprofessional conduct" means the same as that term is defined in Sections
1273     58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance
1274     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1275          Section 15. Section 58-31b-302 is amended to read:
1276          58-31b-302. Qualifications for licensure or certification -- Criminal background
1277     checks.
1278          (1) An applicant for certification as a medication aide shall:
1279          (a) submit an application to the division on a form prescribed by the division;
1280          (b) pay a fee to the division as determined under Section 63J-1-504;
1281          (c) have a high school diploma or its equivalent;
1282          (d) have a current certification as a nurse aide, in good standing, from the Department
1283     of Health and Human Services;
1284          (e) have a minimum of 2,000 hours of experience within the two years prior to
1285     application, working as a certified nurse aide in a long-term care facility;
1286          (f) obtain letters of recommendation from a long-term care facility administrator and
1287     one licensed nurse familiar with the applicant's work practices as a certified nurse aide;
1288          (g) be in a condition of physical and mental health that will permit the applicant to
1289     practice safely as a medication aide certified;

1290          (h) have completed an approved education program or an equivalent as determined by
1291     the division in collaboration with the board;
1292          (i) have passed the examinations as required by division rule made in collaboration
1293     with the board; and
1294          (j) meet with the board, if requested, to determine the applicant's qualifications for
1295     certification.
1296          (2) An applicant for licensure as a licensed practical nurse shall:
1297          (a) submit to the division an application in a form prescribed by the division;
1298          (b) pay to the division a fee determined under Section 63J-1-504;
1299          (c) have a high school diploma or its equivalent;
1300          (d) be in a condition of physical and mental health that will permit the applicant to
1301     practice safely as a licensed practical nurse;
1302          (e) have completed an approved practical nursing education program or an equivalent
1303     as determined by the board;
1304          (f) have passed the examinations as required by division rule made in collaboration
1305     with the board; and
1306          (g) meet with the board, if requested, to determine the applicant's qualifications for
1307     licensure.
1308          (3) An applicant for a registered nurse apprentice license shall:
1309          (a) submit to the division an application form prescribed by the division;
1310          (b) pay to the division a fee determined under Section 63J-1-504;
1311          (c) have a high school diploma or its equivalent;
1312          (d) be in a condition of physical and mental health that will allow the applicant to
1313     practice safely as a registered nurse apprentice;
1314          (e) as determined by an approved registered nursing education program, be:
1315          (i) in good standing with the program; and
1316          (ii) in the last semester, quarter, or competency experience;
1317          (f) have written permission from the program in which the applicant is enrolled; and

1318          (g) meet with the board, if requested, to determine the applicant's qualifications for
1319     licensure.
1320          (4) An applicant for licensure as a registered nurse shall:
1321          (a) submit to the division an application form prescribed by the division;
1322          (b) pay to the division a fee determined under Section 63J-1-504;
1323          (c) have a high school diploma or its equivalent;
1324          (d) be in a condition of physical and mental health that will allow the applicant to
1325     practice safely as a registered nurse;
1326          (e) have completed an approved registered nursing education program;
1327          (f) have passed the examinations as required by division rule made in collaboration
1328     with the board; and
1329          (g) meet with the board, if requested, to determine the applicant's qualifications for
1330     licensure.
1331          (5) Applicants for licensure as an advanced practice registered nurse shall:
1332          (a) submit to the division an application on a form prescribed by the division;
1333          (b) pay to the division a fee determined under Section 63J-1-504;
1334          (c) be in a condition of physical and mental health which will allow the applicant to
1335     practice safely as an advanced practice registered nurse;
1336          (d) hold a current registered nurse license in good standing issued by the state or be
1337     qualified at the time for licensure as a registered nurse;
1338          (e) (i) have earned a graduate degree in:
1339          (A) an advanced practice registered nurse nursing education program; or
1340          (B) a related area of specialized knowledge as determined appropriate by the division
1341     in collaboration with the board; or
1342          (ii) have completed a nurse anesthesia program in accordance with Subsection
1343     (5)(f)(ii);
1344          (f) have completed:
1345          (i) course work in patient assessment, diagnosis and treatment, and

1346     pharmacotherapeutics from an education program approved by the division in collaboration
1347     with the board; or
1348          (ii) a nurse anesthesia program which is approved by the Council on Accreditation of
1349     Nurse Anesthesia Educational Programs;
1350          (g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
1351     described in division rule, that the applicant, after completion of a doctorate or master's degree
1352     required for licensure, is in the process of completing the applicant's clinical practice
1353     requirements in psychiatric mental health nursing, including in psychotherapy;
1354          (h) have passed the examinations as required by division rule made in collaboration
1355     with the board;
1356          (i) be currently certified by a program approved by the division in collaboration with
1357     the board and submit evidence satisfactory to the division of the certification; and
1358          (j) meet with the board, if requested, to determine the applicant's qualifications for
1359     licensure.
1360          (6) For each applicant for licensure or certification under this chapter except an
1361     applicant under Subsection 58-31b-301(2)(b):
1362          (a) the applicant shall:
1363          (i) submit fingerprint cards in a form acceptable to the division at the time the
1364     application is filed; and
1365          (ii) consent to a fingerprint background check conducted by the Bureau of Criminal
1366     Identification and the Federal Bureau of Investigation regarding the application;
1367          (b) the division shall:
1368          (i) in addition to other fees authorized by this chapter, collect from each applicant
1369     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
1370     Identification is authorized to collect for the services provided under Section 53-10-108 and the
1371     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
1372     obtaining federal criminal history record information;
1373          (ii) submit from each applicant the fingerprint card and the fees described in this

1374     Subsection (6)(b) to the Bureau of Criminal Identification; and
1375          (iii) obtain and retain in division records a signed waiver approved by the Bureau of
1376     Criminal Identification in accordance with Section 53-10-108 for each applicant; and
1377          (c) the Bureau of Criminal Identification shall, in accordance with the requirements of
1378     Section 53-10-108:
1379          (i) check the fingerprints submitted under Subsection (6)(b) against the applicable state
1380     and regional criminal records databases;
1381          (ii) forward the fingerprints to the Federal Bureau of Investigation for a national
1382     criminal history background check; and
1383          (iii) provide the results from the state, regional, and nationwide criminal history
1384     background checks to the division.
1385          (7) For purposes of conducting the criminal background checks required in Subsection
1386     (6), the division shall have direct access to criminal background information maintained
1387     pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
1388          (8) (a) (i) Any new nurse license or certification issued under this section shall be
1389     conditional, pending completion of the criminal background check.
1390          (ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
1391     criminal background check discloses the applicant has failed to accurately disclose a criminal
1392     history, the license or certification shall be immediately and automatically revoked upon notice
1393     to the licensee by the division.
1394          (b) (i) An individual whose conditional license or certification has been revoked under
1395     Subsection (8)(a) is entitled to a postrevocation hearing to challenge the revocation.
1396          (ii) A postrevocation hearing shall be conducted in accordance with Title 63G, Chapter
1397     4, Administrative Procedures Act.
1398          (9) If an individual has been charged with a violent felony, as defined in Subsection
1399     76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of guilty or
1400     nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
1401     successful completion of probation, [the individual is disqualified for licensure under this

1402     chapter and:(a) if the individual is licensed under this chapter, the division:(i)] the division
1403     shall act upon the license as required under Section 58-1-401[; and].
1404          [(ii) may not renew or subsequently issue a license to the individual under this chapter;
1405     and]
1406          [(b) if the individual is not licensed under this chapter, the division may not issue a
1407     license to the individual under this chapter.]
1408          (10) If an individual has been charged with a felony other than a violent felony, as
1409     defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been convicted,
1410     entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held
1411     in abeyance pending the successful completion of probation, the division shall determine
1412     whether the felony disqualifies the individual for licensure under this chapter and act upon the
1413     license, as required, in accordance with Section 58-1-401.
1414          (11) The division may not disseminate outside of the division any criminal history
1415     record information that the division obtains from the Bureau of Criminal Identification or the
1416     Federal Bureau of Investigation under the criminal background check requirements of this
1417     section.
1418          Section 16. Section 58-31b-502 is amended to read:
1419          58-31b-502. Unprofessional conduct.
1420          (1) "Unprofessional conduct" includes:
1421          (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
1422     diagnosis, personal effects, or any other matter about which the licensee is privileged to know
1423     because of the licensee's or person with a certification's position or practice as a nurse or
1424     practice as a medication aide certified;
1425          (b) failure to provide nursing service or service as a medication aide certified in a
1426     manner that demonstrates respect for the patient's human dignity and unique personal character
1427     and needs without regard to the patient's race, religion, ethnic background, socioeconomic
1428     status, age, sex, or the nature of the patient's health problem;
1429          (c) engaging in sexual relations with a patient during any:

1430          (i) period when a generally recognized professional relationship exists between the
1431     person licensed or certified under this chapter and the patient; or
1432          (ii) extended period when a patient has reasonable cause to believe a professional
1433     relationship exists between the person licensed or certified under the provisions of this chapter
1434     and the patient;
1435          (d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
1436     information about a patient or exploiting the licensee's or the person with a certification's
1437     professional relationship between the licensee or holder of a certification under this chapter and
1438     the patient; or
1439          (ii) exploiting the patient by use of the licensee's or person with a certification's
1440     knowledge of the patient obtained while acting as a nurse or a medication aide certified;
1441          (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
1442          (f) unauthorized taking or personal use of nursing supplies from an employer;
1443          (g) unauthorized taking or personal use of a patient's personal property;
1444          (h) unlawful or inappropriate delegation of nursing care;
1445          (i) failure to exercise appropriate supervision of persons providing patient care services
1446     under supervision of the licensed nurse;
1447          (j) employing or aiding and abetting the employment of an unqualified or unlicensed
1448     person to practice as a nurse;
1449          (k) failure to file or record any medical report as required by law, impeding or
1450     obstructing the filing or recording of such a report, or inducing another to fail to file or record
1451     such a report;
1452          (l) breach of a statutory, common law, regulatory, or ethical requirement of
1453     confidentiality with respect to a person who is a patient, unless ordered by a court;
1454          (m) failure to pay a penalty imposed by the division;
1455          [(n) prescribing a Schedule II controlled substance without complying with the
1456     requirements in Section 58-31b-803, if applicable;]
1457          [(o)] (n) violating Section 58-31b-801;

1458          [(p)] (o) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b,
1459     Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
1460     if applicable;
1461          [(q)] (p) falsely making an entry in, or altering, a medical record with the intent to
1462     conceal:
1463          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
1464     or an individual under the direction or control of an individual licensed under this chapter; or
1465          (ii) conduct described in Subsections (1)(a) through [(o)] (n) or Subsection
1466     58-1-501(1); or
1467          [(r)] (q) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis
1468     Act.
1469          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
1470     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, or acting as
1471     a limited medical provider, as those terms are defined in Section 26-61a-102, recommending
1472     the use of medical cannabis.
1473          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
1474     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
1475     unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
1476          Section 17. Section 58-31b-803 is amended to read:
1477          58-31b-803. Advanced practice registered nurse prescriptive authority.
1478          (1) Except as provided in Subsection (2), a licensed advanced practice registered nurse
1479     may prescribe or administer a Schedule II controlled substance.
1480          (2) This section does not apply to an advanced practice registered nurse specializing as
1481     a certified registered nurse anesthetist under Subsection 58-31b-102(11)(d).
1482          [(2) Except as provided in Subsection (3), an advanced practice registered nurse may
1483     prescribe or administer a Schedule II controlled substance.]
1484          [(3) An advanced practice registered nurse described in Subsection (4) may not
1485     prescribe or administer a Schedule II controlled substance unless the advanced practice

1486     registered nurse:]
1487          [(a) receives a board certification from a nationally recognized organization;]
1488          [(b) completes at least 30 hours of instruction, or the equivalent number of credit
1489     hours, pertaining to advanced pharmacology during a graduate education program;]
1490          [(c) when obtaining licensure with the division, demonstrates completion of at least
1491     seven hours of continuing education pertaining to prescribing opioids; and]
1492          [(d) participates in a prescribing mentorship under which the advanced practice
1493     registered nurse:]
1494          [(i) is mentored by:]
1495          [(A) a physician licensed in accordance with this title; or]
1496          [(B) an advance practice registered nurse who has been licensed at least three years;
1497     and]
1498          [(ii) periodically provides the mentor described in Subsection (3)(d)(i) timesheets that,
1499     in total, demonstrate 1,000 hours of clinical experience.]
1500          [(4) Subsection (3) applies to an advanced practice registered nurse who:]
1501          [(a) is engaged in independent solo practice; and]
1502          [(b) (i) has been licensed as an advanced practice registered nurse for less than one
1503     year; or]
1504          [(ii) has less than 2,000 hours of experience practicing as a licensed advanced practice
1505     registered nurse.]
1506          Section 18. Section 58-53-302 is amended to read:
1507          58-53-302. Qualifications for licensure.
1508          (1) Each applicant for licensure as a landscape architect shall:
1509          (a) submit an application in a form prescribed by the division;
1510          (b) pay a fee as determined by the department under Section 63J-1-504;
1511          [(c) provide satisfactory evidence of good moral character;]
1512          [(d)] (c) (i) have graduated and received an earned bachelors or masters degree from a
1513     landscape architecture program meeting criteria established by rule by the division in

1514     collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1515     Rulemaking Act; or
1516          (ii) have completed not less than eight years of supervised practical experience in
1517     landscape architecture which meets the requirements established by rule by the division in
1518     collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1519     Rulemaking Act; and
1520          [(e)] (d) have successfully passed examinations established by rule by the division in
1521     collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1522     Rulemaking Act.
1523          (2) Satisfactory completion of each year of a landscape architectural program described
1524     in Subsection [(1)(d)(i)] (1)(c)(i) is equivalent to one year of experience for purposes of
1525     Subsection [(1)(d)(ii)] (1)(c)(ii).
1526          Section 19. Section 58-54-302 is amended to read:
1527          58-54-302. Requirements for licensure.
1528          (1) Each applicant for licensure as a radiologic technologist, radiology assistant, or
1529     radiology practical technician shall:
1530          (a) submit an application in a form prescribed by the division in collaboration with the
1531     board; and
1532          (b) pay a fee as determined by the department pursuant to Section 63J-1-504.
1533          (2) Each applicant for licensure as a radiologic technologist shall, in addition to the
1534     requirements of Subsection (1):
1535          (a) be a graduate of an accredited educational program in radiologic technology or
1536     certified by the American Registry of Radiologic Technologists or any equivalent educational
1537     program approved by the division in collaboration with the board; and
1538          (b) have passed an examination approved by the division in collaboration with the
1539     board.
1540          (3) Each applicant for licensure as a radiology practical technician shall, in addition to
1541     the requirements of Subsection (1), have passed a basic examination and one or more specialty

1542     examinations that are competency based, using a task analysis of the scope of practice of
1543     radiology practical technicians in the state. The basic examination and the specialty
1544     examination shall be approved by the division in collaboration with the board and the licensing
1545     board of the profession within which the radiology practical technician will be practicing.
1546          [(4) The division shall provide for administration of the radiology practical technician
1547     examination not less than monthly at offices designated by the division and located:]
1548          [(a) in Salt Lake City; and]
1549          [(b) within each local health department jurisdictional area.]
1550          [(5)] (4) (a) Except as provided in Subsection [(5)(b),] (4)(b), each applicant for
1551     licensure as a radiologist assistant shall:
1552          (i) meet the requirements of Subsections (1) and (2);
1553          (ii) have a Bachelor of Science degree; and
1554          (iii) be certified as:
1555          (A) a radiologist assistant by the American Registry of Radiologic Technologists; or
1556          (B) a radiology practitioner assistant by the Certification Board of Radiology
1557     Practitioner Assistants.
1558          (b) An individual who meets the requirements of Subsections [(5)(a)(i)] (4)(a)(i) and
1559     (iii), but not Subsection [(5)(a)(ii)] (4)(a)(ii), may be licensed as a radiologist assistant under
1560     this chapter until May 31, 2013, at which time, the individual must have completed the
1561     Bachelor of Science degree in order to retain the license of radiologist assistant.
1562          Section 20. Section 58-55-102 is amended to read:
1563          58-55-102. Definitions.
1564          In addition to the definitions in Section 58-1-102, as used in this chapter:
1565          (1) (a) "Alarm business" or "alarm company" means a person engaged in the sale,
1566     installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm
1567     system, except as provided in Subsection (1)(b).
1568          (b) "Alarm business" or "alarm company" does not include:
1569          (i) a person engaged in the manufacture or sale of alarm systems unless:

1570          (A) that person is also engaged in the installation, maintenance, alteration, repair,
1571     replacement, servicing, or monitoring of alarm systems;
1572          (B) the manufacture or sale occurs at a location other than a place of business
1573     established by the person engaged in the manufacture or sale; or
1574          (C) the manufacture or sale involves site visits at the place or intended place of
1575     installation of an alarm system; or
1576          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
1577     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
1578     of the alarm system owned by that owner.
1579          (2) "Alarm company agent":
1580          (a) except as provided in Subsection (2)(b), means any individual employed within this
1581     state by an alarm business; and
1582          (b) does not include an individual who:
1583          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
1584     servicing, or monitoring of an alarm system; and
1585          (ii) does not, during the normal course of the individual's employment with an alarm
1586     business, use or have access to sensitive alarm system information.
1587          (3) "Alarm company officer" means:
1588          (a) a governing person, as defined in Section 48-3a-102, of an alarm company;
1589          (b) an individual appointed as an officer of an alarm company that is a corporation in
1590     accordance with Section 16-10a-830;
1591          (c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
1592          (d) a partner, as defined in Section 48-1d-102, of an alarm company.
1593          (4) "Alarm company owner" means:
1594          (a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
1595     through an entity controlled by the individual, 5% or more of the outstanding shares of an
1596     alarm company that:
1597          (i) is a corporation; and

1598          (ii) is not publicly listed or traded; or
1599          (b) an individual who owns directly, or indirectly through an entity controlled by the
1600     individual, 5% or more of the equity of an alarm company that is not a corporation.
1601          (5) "Alarm company proprietor" means the sole proprietor of an alarm company that is
1602     registered as a sole proprietorship with the Division of Corporations and Commercial Code.
1603          (6) "Alarm company trustee" means an individual with control of or power of
1604     administration over property held in trust.
1605          [(3)] (7) (a) "Alarm system" means equipment and devices assembled for the purpose
1606     of:
1607          (i) detecting and signaling unauthorized intrusion or entry into or onto certain
1608     premises; or
1609          (ii) signaling a robbery or attempted robbery on protected premises.
1610          (b) "Alarm system" includes a battery-charged suspended-wire system or fence that is
1611     part of and interfaces with an alarm system for the purposes of detecting and deterring
1612     unauthorized intrusion or entry into or onto certain premises.
1613          [(4)] (8) "Apprentice electrician" means a person licensed under this chapter as an
1614     apprentice electrician who is learning the electrical trade under the immediate supervision of a
1615     master electrician, residential master electrician, a journeyman electrician, or a residential
1616     journeyman electrician.
1617          [(5)] (9) "Apprentice plumber" means a person licensed under this chapter as an
1618     apprentice plumber who is learning the plumbing trade under the immediate supervision of a
1619     master plumber, residential master plumber, journeyman plumber, or a residential journeyman
1620     plumber.
1621          [(6)] (10) "Approved continuing education" means instruction provided through
1622     courses under a program established under Subsection 58-55-302.5(2).
1623          [(7)] (11) (a) "Approved prelicensure course provider" means a provider that is the
1624     Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
1625     Contractors, or the Utah Home Builders Association, and that meets the requirements

1626     established by rule by the commission with the concurrence of the director, to teach the
1627     25-hour course described in Subsection 58-55-302(1)(e)(iii).
1628          (b) "Approved prelicensure course provider" may only include a provider that, in
1629     addition to any other locations, offers the 25-hour course described in Subsection
1630     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
1631     County, Utah County, Davis County, or Weber County.
1632          [(8)] (12) "Board" means the Electrician Licensing Board, Alarm System Security and
1633     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
1634          [(9)] (13) "Combustion system" means an assembly consisting of:
1635          (a) piping and components with a means for conveying, either continuously or
1636     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
1637     appliance;
1638          (b) the electric control and combustion air supply and venting systems, including air
1639     ducts; and
1640          (c) components intended to achieve control of quantity, flow, and pressure.
1641          [(10)] (14) "Commission" means the Construction Services Commission created under
1642     Section 58-55-103.
1643          [(11)] (15) "Construction trade" means any trade or occupation involving:
1644          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
1645     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
1646     or other project, development, or improvement to other than personal property; and
1647          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
1648     defined in Section 15A-1-302; or
1649          (b) installation or repair of a residential or commercial natural gas appliance or
1650     combustion system.
1651          [(12)] (16) "Construction trades instructor" means a person licensed under this chapter
1652     to teach one or more construction trades in both a classroom and project environment, where a
1653     project is intended for sale to or use by the public and is completed under the direction of the

1654     instructor, who has no economic interest in the project.
1655          [(13)] (17) (a) "Contractor" means any person who for compensation other than wages
1656     as an employee undertakes any work in the construction, plumbing, or electrical trade for
1657     which licensure is required under this chapter and includes:
1658          (i) a person who builds any structure on the person's own property for the purpose of
1659     sale or who builds any structure intended for public use on the person's own property;
1660          (ii) any person who represents that the person is a contractor, or will perform a service
1661     described in this Subsection [(13),] (17)by advertising on a website or social media, or any
1662     other means;
1663          (iii) any person engaged as a maintenance person, other than an employee, who
1664     regularly engages in activities set forth under the definition of "construction trade";
1665          (iv) any person engaged in, or offering to engage in, any construction trade for which
1666     licensure is required under this chapter; or
1667          (v) a construction manager, construction consultant, construction assistant, or any other
1668     person who, for a fee:
1669          (A) performs or offers to perform construction consulting;
1670          (B) performs or offers to perform management of construction subcontractors;
1671          (C) provides or offers to provide a list of subcontractors or suppliers; or
1672          (D) provides or offers to provide management or counseling services on a construction
1673     project.
1674          (b) "Contractor" does not include:
1675          (i) an alarm company or alarm company agent; or
1676          (ii) a material supplier who provides consulting to customers regarding the design and
1677     installation of the material supplier's products.
1678          [(14)] (18) (a) "Electrical trade" means the performance of any electrical work involved
1679     in the installation, construction, alteration, change, repair, removal, or maintenance of facilities,
1680     buildings, or appendages or appurtenances.
1681          (b) "Electrical trade" does not include:

1682          (i) transporting or handling electrical materials;
1683          (ii) preparing clearance for raceways for wiring;
1684          (iii) work commonly done by unskilled labor on any installations under the exclusive
1685     control of electrical utilities;
1686          (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
1687     hazard; or
1688          (v) work involving class two or class three power-limited circuits as defined in the
1689     National Electrical Code.
1690          [(15)] (19) "Elevator" means the same as that term is defined in Section 34A-7-202,
1691     except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or
1692     an incline platform lift.
1693          [(16)] (20) "Elevator contractor" means a sole proprietor, firm, or corporation licensed
1694     under this chapter that is engaged in the business of erecting, constructing, installing, altering,
1695     servicing, repairing, or maintaining an elevator.
1696          [(17)] (21) "Elevator mechanic" means an individual who is licensed under this chapter
1697     as an elevator mechanic and who is engaged in erecting, constructing, installing, altering,
1698     servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator
1699     contractor.
1700          [(18)] (22) "Employee" means an individual as defined by the division by rule giving
1701     consideration to the definition adopted by the Internal Revenue Service and the Department of
1702     Workforce Services.
1703          [(19)] (23) "Engage in a construction trade" means to:
1704          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
1705     in a construction trade; or
1706          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
1707     to believe one is or will act as a contractor.
1708          [(20)] (24) (a) "Financial responsibility" means a demonstration of a current and
1709     expected future condition of financial solvency evidencing a reasonable expectation to the

1710     division and the board that an applicant or licensee can successfully engage in business as a
1711     contractor without jeopardy to the public health, safety, and welfare.
1712          (b) Financial responsibility may be determined by an evaluation of the total history
1713     concerning the licensee or applicant including past, present, and expected condition and record
1714     of financial solvency and business conduct.
1715          [(21)] (25) "Gas appliance" means any device that uses natural gas to produce light,
1716     heat, power, steam, hot water, refrigeration, or air conditioning.
1717          [(22)] (26) (a) "General building contractor" means a person licensed under this
1718     chapter as a general building contractor qualified by education, training, experience, and
1719     knowledge to perform or superintend construction of structures for the support, shelter, and
1720     enclosure of persons, animals, chattels, or movable property of any kind or any of the
1721     components of that construction except plumbing, electrical work, mechanical work, work
1722     related to the operating integrity of an elevator, and manufactured housing installation, for
1723     which the general building contractor shall employ the services of a contractor licensed in the
1724     particular specialty, except that a general building contractor engaged in the construction of
1725     single-family and multifamily residences up to four units may perform the mechanical work
1726     and hire a licensed plumber or electrician as an employee.
1727          (b) The division may by rule exclude general building contractors from engaging in the
1728     performance of other construction specialties in which there is represented a substantial risk to
1729     the public health, safety, and welfare, and for which a license is required unless that general
1730     building contractor holds a valid license in that specialty classification.
1731          [(23)] (27) (a) "General electrical contractor" means a person licensed under this
1732     chapter as a general electrical contractor qualified by education, training, experience, and
1733     knowledge to perform the fabrication, construction, and installation of generators,
1734     transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or
1735     apparatus that uses electrical energy.
1736          (b) The scope of work of a general electrical contractor may be further defined by rules
1737     made by the commission, with the concurrence of the director, in accordance with Title 63G,

1738     Chapter 3, Utah Administrative Rulemaking Act.
1739          [(24)] (28) (a) "General engineering contractor" means a person licensed under this
1740     chapter as a general engineering contractor qualified by education, training, experience, and
1741     knowledge to perform or superintend construction of fixed works or components of fixed
1742     works requiring specialized engineering knowledge and skill in any of the following:
1743          (i) irrigation;
1744          (ii) drainage;
1745          (iii) water power;
1746          (iv) water supply;
1747          (v) flood control;
1748          (vi) an inland waterway;
1749          (vii) a harbor;
1750          (viii) a railroad;
1751          (ix) a highway;
1752          (x) a tunnel;
1753          (xi) an airport;
1754          (xii) an airport runway;
1755          (xiii) a sewer;
1756          (xiv) a bridge;
1757          (xv) a refinery;
1758          (xvi) a pipeline;
1759          (xvii) a chemical plant;
1760          (xviii) an industrial plant;
1761          (xix) a pier;
1762          (xx) a foundation;
1763          (xxi) a power plant; or
1764          (xxii) a utility plant or installation.
1765          (b) A general engineering contractor may not perform or superintend:

1766          (i) construction of a structure built primarily for the support, shelter, and enclosure of
1767     persons, animals, and chattels; or
1768          (ii) performance of:
1769          (A) plumbing work;
1770          (B) electrical work; or
1771          (C) mechanical work.
1772          [(25)] (29) (a) "General plumbing contractor" means a person licensed under this
1773     chapter as a general plumbing contractor qualified by education, training, experience, and
1774     knowledge to perform the fabrication or installation of material and fixtures to create and
1775     maintain sanitary conditions in a building by providing permanent means for a supply of safe
1776     and pure water, a means for the timely and complete removal from the premises of all used or
1777     contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life
1778     and the occupation of such premises, and a safe and adequate supply of gases for lighting,
1779     heating, and industrial purposes.
1780          (b) The scope of work of a general plumbing contractor may be further defined by rules
1781     made by the commission, with the concurrence of the director, in accordance with Title 63G,
1782     Chapter 3, Utah Administrative Rulemaking Act.
1783          [(26)] (30) "Immediate supervision" means reasonable direction, oversight, inspection,
1784     and evaluation of the work of a person:
1785          (a) as the division specifies in rule;
1786          (b) by, as applicable, a qualified electrician or plumber;
1787          (c) as part of a planned program of training; and
1788          (d) to ensure that the end result complies with applicable standards.
1789          [(27)] (31) "Individual" means a natural person.
1790          [(28)] (32) "Journeyman electrician" means a person licensed under this chapter as a
1791     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
1792     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
1793          [(29)] (33) "Journeyman plumber" means a person licensed under this chapter as a

1794     journeyman plumber having the qualifications, training, experience, and technical knowledge
1795     to engage in the plumbing trade.
1796          [(30)] (34) "Master electrician" means a person licensed under this chapter as a master
1797     electrician having the qualifications, training, experience, and knowledge to properly plan,
1798     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
1799     for light, heat, power, and other purposes.
1800          [(31)] (35) "Master plumber" means a person licensed under this chapter as a master
1801     plumber having the qualifications, training, experience, and knowledge to properly plan and
1802     layout projects and supervise persons in the plumbing trade.
1803          [(32)] (36) "Person" means a natural person, sole proprietorship, joint venture,
1804     corporation, limited liability company, association, or organization of any type.
1805          [(33)] (37) (a) "Plumbing trade" means the performance of any mechanical work
1806     pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
1807     buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and
1808     fittings for the:
1809          (i) delivery of the water supply;
1810          (ii) discharge of liquid and water carried waste;
1811          (iii) building drainage system within the walls of the building; and
1812          (iv) delivery of gases for lighting, heating, and industrial purposes.
1813          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
1814     fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
1815     safe and adequate supply of gases, together with their devices, appurtenances, and connections
1816     where installed within the outside walls of the building.
1817          [(34)] (38) "Ratio of apprentices" means the number of licensed plumber apprentices or
1818     licensed electrician apprentices that are allowed to be under the immediate supervision of a
1819     licensed supervisor as established by the provisions of this chapter and by rules made by the
1820     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1821     Utah Administrative Rulemaking Act.

1822          [(35)] (39) "Residential and small commercial contractor" means a person licensed
1823     under this chapter as a residential and small commercial contractor qualified by education,
1824     training, experience, and knowledge to perform or superintend the construction of
1825     single-family residences, multifamily residences up to four units, and commercial construction
1826     of not more than three stories above ground and not more than 20,000 square feet, or any of the
1827     components of that construction except plumbing, electrical work, mechanical work, and
1828     manufactured housing installation, for which the residential and small commercial contractor
1829     shall employ the services of a contractor licensed in the particular specialty, except that a
1830     residential and small commercial contractor engaged in the construction of single-family and
1831     multifamily residences up to four units may perform the mechanical work and hire a licensed
1832     plumber or electrician as an employee.
1833          [(36)] (40) "Residential building," as it relates to the license classification of residential
1834     journeyman plumber and residential master plumber, means a single or multiple family
1835     dwelling of up to four units.
1836          [(37)] (41) (a) "Residential electrical contractor" means a person licensed under this
1837     chapter as a residential electrical contractor qualified by education, training, experience, and
1838     knowledge to perform the fabrication, construction, and installation of services, disconnecting
1839     means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
1840     appliances, and fixtures in a residential unit.
1841          (b) The scope of work of a residential electrical contractor may be further defined by
1842     rules made by the commission, with the concurrence of the director, in accordance with Title
1843     63G, Chapter 3, Utah Administrative Rulemaking Act.
1844          [(38)] (42) "Residential journeyman electrician" means a person licensed under this
1845     chapter as a residential journeyman electrician having the qualifications, training, experience,
1846     and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat,
1847     power, and other purposes on buildings using primarily nonmetallic sheath cable.
1848          [(39)] (43) "Residential journeyman plumber" means a person licensed under this
1849     chapter as a residential journeyman plumber having the qualifications, training, experience, and

1850     knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.
1851          [(40)] (44) "Residential master electrician" means a person licensed under this chapter
1852     as a residential master electrician having the qualifications, training, experience, and
1853     knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
1854     electrical apparatus and equipment for light, heat, power, and other purposes on residential
1855     projects.
1856          [(41)] (45) "Residential master plumber" means a person licensed under this chapter as
1857     a residential master plumber having the qualifications, training, experience, and knowledge to
1858     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
1859     plumbing of residential buildings.
1860          [(42)] (46) (a) "Residential plumbing contractor" means a person licensed under this
1861     chapter as a residential plumbing contractor qualified by education, training, experience, and
1862     knowledge to perform the fabrication or installation of material and fixtures to create and
1863     maintain sanitary conditions in residential buildings by providing permanent means for a
1864     supply of safe and pure water, a means for the timely and complete removal from the premises
1865     of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
1866     incidental to life and the occupation of such premises, and a safe and adequate supply of gases
1867     for lighting, heating, and residential purposes.
1868          (b) The scope of work of a residential plumbing contractor may be further defined by
1869     rules made by the commission, with the concurrence of the director, in accordance with Title
1870     63G, Chapter 3, Utah Administrative Rulemaking Act.
1871          [(43)] (47) "Residential project," as it relates to an electrician or electrical contractor,
1872     means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
1873     rules and regulations governing this work, including the National Electrical Code, and in which
1874     the voltage does not exceed 250 volts line to line and 125 volts to ground.
1875          (48) "Responsible management personnel" means:
1876          (a) a qualifying agent;
1877          (b) an operations manager; or

1878          (c) a site manager.
1879          [(44)] (49) "Sensitive alarm system information" means:
1880          (a) a pass code or other code used in the operation of an alarm system;
1881          (b) information on the location of alarm system components at the premises of a
1882     customer of the alarm business providing the alarm system;
1883          (c) information that would allow the circumvention, bypass, deactivation, or other
1884     compromise of an alarm system of a customer of the alarm business providing the alarm
1885     system; and
1886          (d) any other similar information that the division by rule determines to be information
1887     that an individual employed by an alarm business should use or have access to only if the
1888     individual is licensed as provided in this chapter.
1889          [(45)] (50) (a) "Specialty contractor" means a person licensed under this chapter under
1890     a specialty contractor classification established by rule, who is qualified by education, training,
1891     experience, and knowledge to perform those construction trades and crafts requiring
1892     specialized skill, the regulation of which are determined by the division to be in the best
1893     interest of the public health, safety, and welfare.
1894          (b) A specialty contractor may perform work in crafts or trades other than those in
1895     which the specialty contractor is licensed if they are incidental to the performance of the
1896     specialty contractor's licensed craft or trade.
1897          [(46)] (51) "Unincorporated entity" means an entity that is not:
1898          (a) an individual;
1899          (b) a corporation; or
1900          (c) publicly traded.
1901          [(47)] (52) "Unlawful conduct" means the same as that term is defined in Sections
1902     58-1-501 and 58-55-501.
1903          [(48)] (53) "Unprofessional conduct" means the same as that term is defined in
1904     Sections 58-1-501 and 58-55-502 and as may be further defined by rule.
1905          [(49)] (54) "Wages" means amounts due to an employee for labor or services whether

1906     the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
1907     calculating the amount.
1908          Section 21. Section 58-55-302 is amended to read:
1909          58-55-302. Qualifications for licensure.
1910          (1) Each applicant for a license under this chapter shall:
1911          (a) submit an application prescribed by the division;
1912          (b) pay a fee as determined by the department under Section 63J-1-504;
1913          (c) meet the examination requirements established by this section and by rule by the
1914     commission with the concurrence of the director, which requirements include:
1915          (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
1916     contractor, no division-administered examination is required;
1917          (ii) for licensure as a general building contractor, general engineering contractor,
1918     residential and small commercial contractor, general plumbing contractor, residential plumbing
1919     contractor, general electrical contractor, or residential electrical contractor, the only required
1920     division-administered examination is a division-administered examination that covers
1921     information from the 25-hour course described in Subsection (1)(e)(iii), which course may
1922     have been previously completed as part of applying for any other license under this chapter,
1923     and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
1924     course described in Subsection (1)(e)(iv); and
1925          (iii) if required in Section 58-55-304, an individual qualifier must pass the required
1926     division-administered examination if the applicant is a business entity;
1927          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
1928          (e) if an applicant for a contractor's license:
1929          (i) produce satisfactory evidence of financial responsibility, except for a construction
1930     trades instructor for whom evidence of financial responsibility is not required;
1931          (ii) produce satisfactory evidence of:
1932          (A) except as provided in Subsection (2)(a), and except that no employment experience
1933     is required for licensure as a specialty contractor, two years full-time paid employment

1934     experience in the construction industry, which employment experience, unless more
1935     specifically described in this section, may be related to any contracting classification and does
1936     not have to include supervisory experience; and
1937          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
1938     necessary for the protection of the public health, safety, and welfare;
1939          (iii) except as otherwise provided by rule by the commission with the concurrence of
1940     the director, complete a 25-hour course established by rule by the commission with the
1941     concurrence of the director, which is taught by an approved prelicensure course provider, and
1942     which course may include:
1943          (A) construction business practices;
1944          (B) bookkeeping fundamentals;
1945          (C) mechanics lien fundamentals;
1946          (D) other aspects of business and construction principles considered important by the
1947     commission with the concurrence of the director; and
1948          (E) for no additional fee, a provider-administered examination at the end of the
1949     25-hour course;
1950          (iv) complete a five-hour business and law course established by rule by the
1951     commission with the concurrence of the director, which is taught by an approved prelicensure
1952     course provider, if an applicant for licensure as a general building contractor, general
1953     engineering contractor, residential and small commercial contractor, general plumbing
1954     contractor, residential plumbing contractor, general electrical contractor, or residential
1955     electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
1956     completed before July 1, 2019, the applicant does not need to take the business and law course;
1957          (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
1958     license or a licensed master residential electrician if an applicant for a residential electrical
1959     contractor's license;
1960          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
1961     a licensed master residential plumber if an applicant for a residential plumbing contractor's

1962     license; or
1963          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
1964     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
1965          (vi) when the applicant is an unincorporated entity, provide a list of the one or more
1966     individuals who hold an ownership interest in the applicant as of the day on which the
1967     application is filed that includes for each individual:
1968          (A) the individual's name, address, birth date, and social security number or other
1969     satisfactory evidence of the applicant's identity permitted under rules made by the division in
1970     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1971          (B) whether the individual will engage in a construction trade; and
1972          (f) if an applicant for a construction trades instructor license, satisfy any additional
1973     requirements established by rule.
1974          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
1975     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
1976     evidence of two years full-time paid employment experience as a building inspector, which
1977     shall include at least one year full-time experience as a licensed combination inspector.
1978          (b) The applicant shall file the following with the division before the division issues
1979     the license:
1980          (i) proof of workers' compensation insurance which covers employees of the applicant
1981     in accordance with applicable Utah law;
1982          (ii) proof of public liability insurance in coverage amounts and form established by rule
1983     except for a construction trades instructor for whom public liability insurance is not required;
1984     and
1985          (iii) proof of registration as required by applicable law with the:
1986          (A) Department of Commerce;
1987          (B) Division of Corporations and Commercial Code;
1988          (C) Unemployment Insurance Division in the Department of Workforce Services, for
1989     purposes of Title 35A, Chapter 4, Employment Security Act;

1990          (D) State Tax Commission; and
1991          (E) Internal Revenue Service.
1992          (3) In addition to the general requirements for each applicant in Subsection (1),
1993     applicants shall comply with the following requirements to be licensed in the following
1994     classifications:
1995          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
1996          (A) has been a licensed journeyman plumber for at least two years and had two years of
1997     supervisory experience as a licensed journeyman plumber in accordance with division rule;
1998          (B) has received at least an associate of applied science degree or similar degree
1999     following the completion of a course of study approved by the division and had one year of
2000     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
2001          (C) meets the qualifications for expedited licensure as established by rules made by the
2002     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2003     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2004     and skills to be a licensed master plumber.
2005          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
2006     least four years of practical experience as a licensed apprentice under the supervision of a
2007     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
2008     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
2009     master plumber license under this chapter, and satisfies the requirements of this Subsection
2010     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
2011          (iii) An individual holding a valid plumbing contractor's license or residential
2012     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
2013     2008:
2014          (A) considered to hold a current master plumber license under this chapter if licensed
2015     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
2016     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
2017     58-55-303; and

2018          (B) considered to hold a current residential master plumber license under this chapter if
2019     licensed as a residential plumbing contractor and a residential journeyman plumber, and
2020     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
2021     that license under Section 58-55-303.
2022          (b) A master residential plumber applicant shall produce satisfactory evidence that the
2023     applicant:
2024          (i) has been a licensed residential journeyman plumber for at least two years and had
2025     two years of supervisory experience as a licensed residential journeyman plumber in
2026     accordance with division rule; or
2027          (ii) meets the qualifications for expedited licensure as established by rules made by the
2028     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2029     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2030     and skills to be a licensed master residential plumber.
2031          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
2032          (i) successful completion of the equivalent of at least four years of full-time training
2033     and instruction as a licensed apprentice plumber under supervision of a licensed master
2034     plumber or journeyman plumber and in accordance with a planned program of training
2035     approved by the division;
2036          (ii) at least eight years of full-time experience approved by the division in collaboration
2037     with the Plumbers Licensing Board; or
2038          (iii) meeting the qualifications for expedited licensure as established by rules made by
2039     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2040     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2041     and skills to be a licensed journeyman plumber.
2042          (d) A residential journeyman plumber shall produce satisfactory evidence of:
2043          (i) completion of the equivalent of at least three years of full-time training and
2044     instruction as a licensed apprentice plumber under the supervision of a licensed residential
2045     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in

2046     accordance with a planned program of training approved by the division;
2047          (ii) completion of at least six years of full-time experience in a maintenance or repair
2048     trade involving substantial plumbing work; or
2049          (iii) meeting the qualifications for expedited licensure as established by rules made by
2050     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2051     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2052     and skills to be a licensed residential journeyman plumber.
2053          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
2054     in accordance with the following:
2055          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
2056     under the immediate supervision of a licensed master plumber, licensed residential master
2057     plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
2058          (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
2059     apprentice plumber may work without supervision for a period not to exceed eight hours in any
2060     24-hour period; and
2061          (iii) rules made by the commission, with the concurrence of the director, in accordance
2062     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
2063     apprentices allowed under the immediate supervision of a licensed supervisor, including the
2064     ratio of apprentices in their fourth year of training or later that are allowed to be under the
2065     immediate supervision of a licensed supervisor.
2066          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
2067          (i) is a graduate electrical engineer of an accredited college or university approved by
2068     the division and has one year of practical electrical experience as a licensed apprentice
2069     electrician;
2070          (ii) is a graduate of an electrical trade school, having received an associate of applied
2071     sciences degree following successful completion of a course of study approved by the division,
2072     and has two years of practical experience as a licensed journeyman electrician;
2073          (iii) has four years of practical experience as a journeyman electrician; or

2074          (iv) meets the qualifications for expedited licensure as established by rules made by the
2075     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2076     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2077     and skills to be a licensed master electrician.
2078          (g) A master residential electrician applicant shall produce satisfactory evidence that
2079     the applicant:
2080          (i) has at least two years of practical experience as a residential journeyman electrician;
2081     or
2082          (ii) meets the qualifications for expedited licensure as established by rules made by the
2083     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2084     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2085     and skills to be a master residential electrician.
2086          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
2087     applicant:
2088          (i) has successfully completed at least four years of full-time training and instruction as
2089     a licensed apprentice electrician under the supervision of a master electrician or journeyman
2090     electrician and in accordance with a planned training program approved by the division;
2091          (ii) has at least eight years of full-time experience approved by the division in
2092     collaboration with the Electricians Licensing Board; or
2093          (iii) meets the qualifications for expedited licensure as established by rules made by the
2094     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2095     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2096     and skills to be a licensed journeyman electrician.
2097          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
2098     that the applicant:
2099          (i) has successfully completed two years of training in an electrical training program
2100     approved by the division;
2101          (ii) has four years of practical experience in wiring, installing, and repairing electrical

2102     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
2103     journeyman, residential master, or residential journeyman electrician; or
2104          (iii) meets the qualifications for expedited licensure as established by rules made by the
2105     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
2106     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
2107     and skills to be a licensed residential journeyman electrician.
2108          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
2109     be in accordance with the following:
2110          (i) A licensed apprentice electrician shall be under the immediate supervision of a
2111     licensed master, journeyman, residential master, or residential journeyman electrician;
2112          (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
2113     apprentice electrician may work without supervision for a period not to exceed eight hours in
2114     any 24-hour period;
2115          (iii) rules made by the commission, with the concurrence of the director, in accordance
2116     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
2117     apprentices allowed under the immediate supervision of a licensed supervisor, including the
2118     ratio of apprentices in their fourth year of training or later that are allowed to be under the
2119     immediate supervision of a licensed supervisor; and
2120          (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
2121     residential project, or more if established by rules made by the commission, in concurrence
2122     with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2123     Act.
2124          (k) An alarm company applicant shall:
2125          (i) have a qualifying agent who [is an officer, director, partner, proprietor, or manager
2126     of the applicant who]:
2127          (A) is an alarm company officer, alarm company owner, alarm company proprietor, an
2128     alarm company trustee, or other responsible management personnel;
2129          [(A)] (B) demonstrates 6,000 hours of experience in the alarm company business;

2130          [(B)] (C) demonstrates 2,000 hours of experience as a manager or administrator in the
2131     alarm company business or in a construction business; and
2132          [(C)] (D) passes an examination component established by rule by the commission
2133     with the concurrence of the director;
2134          (ii) provide the name, address, date of birth, social security number, fingerprint card,
2135     and consent to a background check in accordance with Section 58-55-302.1 and requirements
2136     established by division rule made in accordance with Title 63G, Chapter 3, Utah
2137     Administrative Rulemaking Act, for each alarm company officer, alarm company owner, alarm
2138     company proprietor, alarm company trustee, and responsible management personnel with direct
2139     responsibility for managing operations of the applicant within the state;
2140          [(ii) if a corporation, provide:]
2141          [(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
2142     of all corporate officers, directors, and those responsible management personnel employed
2143     within the state or having direct responsibility for managing operations of the applicant within
2144     the state; and]
2145          [(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
2146     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
2147     shall not be required if the stock is publicly listed and traded;]
2148          [(iii) if a limited liability company, provide:]
2149          [(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
2150     of all company officers, and those responsible management personnel employed within the
2151     state or having direct responsibility for managing operations of the applicant within the state;
2152     and]
2153          [(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
2154     of all individuals owning 5% or more of the equity of the company;]
2155          [(iv) if a partnership, provide the names, addresses, dates of birth, social security
2156     numbers, and fingerprint cards of all general partners, and those responsible management
2157     personnel employed within the state or having direct responsibility for managing operations of

2158     the applicant within the state;]
2159          [(v) if a proprietorship, provide the names, addresses, dates of birth, social security
2160     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
2161     employed within the state or having direct responsibility for managing operations of the
2162     applicant within the state;]
2163          [(vi) if a trust, provide the names, addresses, dates of birth, social security numbers,
2164     and fingerprint cards of the trustee, and those responsible management personnel employed
2165     within the state or having direct responsibility for managing operations of the applicant within
2166     the state;]
2167          [(vii)] (iii) document that none of the [applicant's officers, directors, shareholders
2168     described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible
2169     management personnel] persons described in Subsection (3)(k)(ii):
2170          (A) have been declared by any court of competent jurisdiction incompetent by reason
2171     of mental defect or disease and not been restored; or
2172          [(viii)] (B) [document that none of the applicant's officers, directors, shareholders
2173     described in Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management
2174     personnel] are currently suffering from habitual drunkenness or from drug addiction or
2175     dependence;
2176          [(ix)] (iv) file and maintain with the division evidence of:
2177          (A) comprehensive general liability insurance in form and in amounts to be established
2178     by rule by the commission with the concurrence of the director;
2179          (B) workers' compensation insurance that covers employees of the applicant in
2180     accordance with applicable Utah law; and
2181          (C) registration as is required by applicable law with the:
2182          (I) Division of Corporations and Commercial Code;
2183          (II) Unemployment Insurance Division in the Department of Workforce Services, for
2184     purposes of Title 35A, Chapter 4, Employment Security Act;
2185          (III) State Tax Commission; and

2186          (IV) Internal Revenue Service; and
2187          [(x)] (v) meet with the division and board.
2188          (l) Each applicant for licensure as an alarm company agent shall:
2189          (i) submit an application in a form prescribed by the division accompanied by
2190     fingerprint cards;
2191          (ii) pay a fee determined by the department under Section 63J-1-504;
2192          (iii) submit to and pass a criminal background check in accordance with Section
2193     58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2194     Chapter 3, Utah Administrative Rulemaking Act;
2195          [(iii)] (iv) not have been declared by any court of competent jurisdiction incompetent
2196     by reason of mental defect or disease and not been restored;
2197          [(iv)] (v) not be currently suffering from habitual drunkenness or from drug addiction
2198     or dependence; and
2199          [(v)] (vi) meet with the division and board if requested by the division or the board.
2200          (m) (i) Each applicant for licensure as an elevator mechanic shall:
2201          (A) provide documentation of experience and education credits of not less than three
2202     years work experience in the elevator industry, in construction, maintenance, or service and
2203     repair; and
2204          (B) satisfactorily complete a written examination administered by the division
2205     established by rule under Section 58-1-203; or
2206          (C) provide certificates of completion of an apprenticeship program for elevator
2207     mechanics, having standards substantially equal to those of this chapter and registered with the
2208     United States Department of Labor Bureau Apprenticeship and Training or a state
2209     apprenticeship council.
2210          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
2211     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
2212     repairing, or maintaining an elevator, the contractor may:
2213          (I) notify the division of the unavailability of licensed personnel; and

2214          (II) request the division issue a temporary elevator mechanic license to an individual
2215     certified by the contractor as having an acceptable combination of documented experience and
2216     education to perform the work described in this Subsection (3)(m)(ii)(A).
2217          (B) (I) The division may issue a temporary elevator mechanic license to an individual
2218     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
2219     the appropriate fee as determined by the department under Section 63J-1-504.
2220          (II) The division shall specify the time period for which the license is valid and may
2221     renew the license for an additional time period upon its determination that a shortage of
2222     licensed elevator mechanics continues to exist.
2223          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2224     division may make rules establishing when Federal Bureau of Investigation records shall be
2225     checked for applicants as an alarm company or alarm company agent under this section and
2226     Section 58-55-302.1.
2227          [(5) For each applicant described in Subsection (3)(k) or (l), the division shall provide
2228     an appropriate number of copies of fingerprint cards to the Department of Public Safety with
2229     the division's request to:]
2230          [(a) conduct a search of records of the Department of Public Safety for criminal history
2231     information relating to each applicant for licensure as an alarm company or alarm company
2232     agent and each applicant's officers, directors, shareholders described in Subsection
2233     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and]
2234          [(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
2235     requiring a check of records of the Federal Bureau of Investigation for criminal history
2236     information under this section.]
2237          [(6) The Department of Public Safety shall send to the division:]
2238          [(a) a written record of criminal history, or certification of no criminal history record,
2239     as contained in the records of the Department of Public Safety in a timely manner after receipt
2240     of a fingerprint card from the division and a request for review of Department of Public Safety
2241     records; and]

2242          [(b) the results of the Federal Bureau of Investigation review concerning an applicant
2243     in a timely manner after receipt of information from the Federal Bureau of Investigation.]
2244          [(7) (a) The division shall charge each applicant for licensure as an alarm company or
2245     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
2246     performing the records reviews under this section.]
2247          [(b) The division shall pay the Department of Public Safety the costs of all records
2248     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
2249     costs of records reviews under this section.]
2250          [(8) Information obtained by the division from the reviews of criminal history records
2251     of the Department of Public Safety and the Federal Bureau of Investigation shall be used or
2252     disseminated by the division only for the purpose of determining if an applicant for licensure as
2253     an alarm company or alarm company agent is qualified for licensure.]
2254          [(9)] (5) (a) An application for licensure under this chapter shall be denied if:
2255          (i) the applicant has had a previous license, which was issued under this chapter,
2256     suspended or revoked within two years before the date of the applicant's application;
2257          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
2258          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
2259     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
2260     status, performing similar functions, or directly or indirectly controlling the applicant has
2261     served in any similar capacity with any person or entity which has had a previous license,
2262     which was issued under this chapter, suspended or revoked within two years before the date of
2263     the applicant's application;
2264          (iii) (A) the applicant is an individual or sole proprietorship; and
2265          (B) any owner or agent acting as a qualifier has served in any capacity listed in
2266     Subsection [(9)(a)(ii)(B)] (5)(a)(ii)(B) in any entity which has had a previous license, which
2267     was issued under this chapter, suspended or revoked within two years before the date of the
2268     applicant's application; or
2269          (iv) (A) the applicant includes an individual who was an owner, director, or officer of

2270     an unincorporated entity at the time the entity's license under this chapter was revoked; and
2271          (B) the application for licensure is filed within 60 months after the revocation of the
2272     unincorporated entity's license.
2273          (b) An application for licensure under this chapter shall be reviewed by the appropriate
2274     licensing board prior to approval if:
2275          (i) the applicant has had a previous license, which was issued under this chapter,
2276     suspended or revoked more than two years before the date of the applicant's application;
2277          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
2278          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
2279     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
2280     status, performing similar functions, or directly or indirectly controlling the applicant has
2281     served in any similar capacity with any person or entity which has had a previous license,
2282     which was issued under this chapter, suspended or revoked more than two years before the date
2283     of the applicant's application; or
2284          (iii) (A) the applicant is an individual or sole proprietorship; and
2285          (B) any owner or agent acting as a qualifier has served in any capacity listed in
2286     Subsection [(9)(b)(ii)(B)] (5)(a)(ii)(B) in any entity which has had a previous license, which
2287     was issued under this chapter, suspended or revoked more than two years before the date of the
2288     applicant's application.
2289          [(10)] (6) (a) (i) A licensee that is an unincorporated entity shall file an ownership
2290     status report with the division every 30 days after the day on which the license is issued if the
2291     licensee has more than five owners who are individuals who:
2292          (A) own an interest in the contractor that is an unincorporated entity;
2293          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
2294     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
2295     unincorporated entity; and
2296          (C) engage, or will engage, in a construction trade in the state as owners of the
2297     contractor described in Subsection [(10)(a)(i)(A)] (6)(a)(i)(A).

2298          (ii) If the licensee has five or fewer owners described in Subsection [(10)(a)(i)]
2299     (6)(a)(i), the licensee shall provide the ownership status report with an application for renewal
2300     of licensure.
2301          (b) An ownership status report required under this Subsection [(10)] (6) shall:
2302          (i) specify each addition or deletion of an owner:
2303          (A) for the first ownership status report, after the day on which the unincorporated
2304     entity is licensed under this chapter; and
2305          (B) for a subsequent ownership status report, after the day on which the previous
2306     ownership status report is filed;
2307          (ii) be in a format prescribed by the division that includes for each owner, regardless of
2308     the owner's percentage ownership in the unincorporated entity, the information described in
2309     Subsection (1)(e)(vi);
2310          (iii) list the name of:
2311          (A) each officer or manager of the unincorporated entity; and
2312          (B) each other individual involved in the operation, supervision, or management of the
2313     unincorporated entity; and
2314          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
2315     if the ownership status report indicates there is a change described in Subsection [(10)(b)(i).]
2316     (6)(b)(i).
2317          (c) The division may, at any time, audit an ownership status report under this
2318     Subsection [(10)] (6):
2319          (i) to determine if financial responsibility has been demonstrated or maintained as
2320     required under Section 58-55-306; and
2321          (ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
2322     Subsection 58-55-502(8) or (9).
2323          [(11)] (7) (a) An unincorporated entity that provides labor to an entity licensed under
2324     this chapter by providing an individual who owns an interest in the unincorporated entity to
2325     engage in a construction trade in Utah shall file with the division:

2326          (i) before the individual who owns an interest in the unincorporated entity engages in a
2327     construction trade in Utah, a current list of the one or more individuals who hold an ownership
2328     interest in the unincorporated entity that includes for each individual:
2329          (A) the individual's name, address, birth date, and social security number; and
2330          (B) whether the individual will engage in a construction trade; and
2331          (ii) every 30 days after the day on which the unincorporated entity provides the list
2332     described in Subsection [(11)(a)(i)] (7)(a)(i), an ownership status report containing the
2333     information that would be required under Subsection [(10)] (6) if the unincorporated entity
2334     were a licensed contractor.
2335          (b) When filing an ownership list described in Subsection [(11)(a)(i)] (7)(a)(i) or an
2336     ownership status report described in Subsection [(11)(a)(ii),] (7)(a)(i) an unincorporated entity
2337     shall pay a fee set by the division in accordance with Section 63J-1-504.
2338          [(12)] (8) This chapter may not be interpreted to create or support an express or
2339     implied independent contractor relationship between an unincorporated entity described in
2340     Subsection [(10)] (6) or [(11)] (7) and the owners of the unincorporated entity for any purpose,
2341     including income tax withholding.
2342          [(13)] (9) (a) A social security number provided under Subsection (1)(e)(vi) or
2343     (3)(k)(ii) is a private record under Subsection 63G-2-302(1)(i).
2344          (b) The division may designate an applicant's evidence of identity under Subsection
2345     (1)(e)(vi) as a private record in accordance with Section 63G-2-302.
2346          Section 22. Section 58-55-302.1 is enacted to read:
2347          58-55-302.1. Criminal background check.
2348          (1) An applicant for licensure under this chapter who requires a criminal background
2349     check shall:
2350          (a) submit fingerprint cards in a form acceptable to the division at the time the license
2351     application is filed; and
2352          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2353     Identification and the Federal Bureau of Investigation regarding the application.

2354          (2) The division shall:
2355          (a) in addition to other fees authorized by this chapter, collect from each applicant
2356     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2357     Identification is authorized to collect for the services provided under Section 53-10-108 and the
2358     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2359     obtaining federal criminal history record information;
2360          (b) submit from each applicant the fingerprint card and the fees described in
2361     Subsection (2)(a) to the Bureau of Criminal Identification; and
2362          (c) obtain and retain in division records a signed waiver approved by the Bureau of
2363     Criminal Identification in accordance with Section 53-10-108 for each applicant.
2364          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2365     Section 53-10-108:
2366          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2367     and regional criminal records databases;
2368          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2369     criminal history background check; and
2370          (c) provide the results from the state, regional, and nationwide criminal history
2371     background checks to the division.
2372          (4) For purposes of conducting a criminal background check required under this
2373     section, the division shall have direct access to criminal background information maintained
2374     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2375          (5) The division may not disseminate outside of the division any criminal history
2376     record information that the division obtains from the Bureau of Criminal Identification or the
2377     Federal Bureau of Investigation under the criminal background check requirements of this
2378     section.
2379          (6) (a) A new license issued under Section 58-55-302 is conditional pending
2380     completion of the criminal background check.
2381          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the

2382     criminal background check required in Section 58-55-302 demonstrates the applicant or the
2383     applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
2384     responsible management personnel has failed to accurately disclose a criminal history, the
2385     license is immediately and automatically revoked upon notice to the licensee by the division.
2386          (c) A person whose conditional license has been revoked under Subsection (6)(b) is
2387     entitled to a postrevocation hearing to challenge the revocation.
2388          (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
2389     Chapter 4, Administrative Procedures Act.
2390          Section 23. Section 58-55-303 is amended to read:
2391          58-55-303. Term of license -- Expiration -- Renewal.
2392          (1) (a) Each license issued under this chapter shall be issued in accordance with a
2393     two-year renewal cycle established by rule.
2394          (b) The division may by rule extend or shorten a renewal period by as much as one year
2395     to stagger the renewal cycle it administers.
2396          (c) (i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding
2397     Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a
2398     license is automatically suspended 60 days after the licensee:
2399          (A) becomes, after the time of licensing, an unincorporated entity that is subject to the
2400     ownership status report filing requirements of Subsection [58-55-302(10)(a)(i)]
2401     58-55-302(6)(a)(i); or
2402          (B) transfers its license to an unincorporated entity that is subject to the ownership
2403     status report filing requirements of Subsection [58-55-302(10)(a)(i)] 58-55-302(6)(a)(i).
2404          (ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the
2405     expiration of the 60-day period in Subsection (1)(c)(i):
2406          (A) the licensee submits an application for renewal of the license; and
2407          (B) the division renews the licensee's license pursuant to the licensee's application for
2408     renewal.
2409          (iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i),

2410     the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
2411     make a final determination concerning the suspension.
2412          (2) At the time of renewal, the licensee shall show satisfactory evidence of:
2413          (a) continuing financial responsibility as required under Section 58-55-306;
2414          (b) for a contractor licensee, completion of six hours of approved continuing education,
2415     as required in Section 58-55-302.5; and
2416          (c) if the licensee is an apprentice electrician or plumber, journeyman electrician or
2417     plumber, master electrician or plumber, residential journeyman electrician or plumber, or
2418     residential master electrician or plumber, completion of the number of hours of continuing
2419     education specified under Section 58-55-302.7.
2420          (3) Each license automatically expires on the expiration date shown on the license
2421     unless the licensee renews the license in accordance with Section 58-1-308.
2422          (4) The requirements of Subsection [58-55-302(9)] 58-55-302(5) shall also apply to
2423     applicants seeking to renew or reinstate a license.
2424          (5) In addition to any other requirements imposed by law, if a license has been
2425     suspended or revoked for any reason, the applicant:
2426          (a) shall pay in full all fines imposed by the division;
2427          (b) resolve any outstanding citations or disciplinary actions with the division;
2428          (c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution;
2429          (d) complete a new financial responsibility review as required under Section
2430     58-55-306, using only titled assets; and
2431          (e) pay in full any reimbursement amount as provided in Title 38, Chapter 11,
2432     Residence Lien Restriction and Lien Recovery Fund Act.
2433          Section 24. Section 58-55-503 is amended to read:
2434          58-55-503. Penalty for unlawful conduct -- Citations.
2435          (1) As used in this section:
2436          (a) "Person" means, in reference to Subsection 58-55-504(2), an individual, and does
2437     not include a sole proprietorship, joint venture, corporation, limited liability company,

2438     association, or organization of any type.
2439          (b) "Qualifying violation" means a violation under:
2440          (i) Subsection 58-55-308(2);
2441          (ii) Subsections 58-55-501(1) through (3), (9), (10), (12), (14), (16)(e), (18), or (20)
2442     through (28);
2443          (iii) Subsection 58-55-502(4)(a) or (11); or
2444          (iv) Subsection 58-55-504(2).
2445          (2) (a) [(i)] A person who violates Subsection [58-55-308(2), Subsection 58-55-501(1),
2446     (2), (3), (4), (5), (6),] 58-55-501(1) through (7), (9), (10), (12), (14), (15), (16)(e), [(21), (22),
2447     (23), (24), (25), (26), (27), or] or (21) through (28), Subsection 58-55-308(2), or Subsection
2448     58-55-504(2), or who fails to comply with a citation issued under this section after [it] the
2449     citation is final, is guilty of a class A misdemeanor.
2450          [(ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
2451     individual and does not include a sole proprietorship, joint venture, corporation, limited
2452     liability company, association, or organization of any type.]
2453          (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
2454     awarded and may not accept a contract for the performance of the work.
2455          [(2)] (3) A person who violates [the provisions of] Subsection 58-55-501(13) is guilty
2456     of:
2457          (a) an infraction [unless the]; or
2458          (b) if the violator did so with the intent to deprive the person to whom money is to be
2459     paid of the money received, [in which case the violator is guilty] of theft[,] as classified in
2460     Section 76-6-412.
2461          [(3)] (4) Grounds for immediate suspension of a licensee's license by the division and
2462     the commission include:
2463          (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
2464     58-55-501, or Subsection 58-55-504(2); and
2465          (b) the failure by a licensee to make application to, report to, or notify the division with

2466     respect to any matter for which application, notification, or reporting is required under this
2467     chapter or rules adopted under this chapter, including:
2468          (i) applying to the division for a new license to engage in a new specialty classification
2469     or to do business under a new form of organization or business structure;
2470          (ii) filing a current financial statement with the division; and
2471          (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
2472          [(4)] (5) (a) (i) If upon inspection or investigation, the division concludes that a person
2473     has [violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
2474     (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24), (25), (26), (27), (28), Subsection
2475     58-55-502(4)(a) or (11), Subsection 58-55-504(2),] committed a qualifying violation or
2476     violated any rule or order issued with respect to [these subsections] a qualifying violation, and
2477     that disciplinary action is appropriate, the director or the director's designee from within the
2478     division shall:
2479          (A) promptly issue a citation to the person according to this chapter and any pertinent
2480     rules[,];
2481          (B) attempt to negotiate a stipulated settlement[,]; or
2482          (C) notify the person to appear before an adjudicative proceeding conducted under
2483     Title 63G, Chapter 4, Administrative Procedures Act.
2484          (ii) A person who [is in violation of the provisions of Subsection 58-55-308(2),
2485     Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24),
2486     (25), (26), (27), or (28), or Subsection 58-55-504(2)] committed a qualifying violation, as
2487     evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an
2488     adjudicative proceeding, may be assessed a fine [pursuant to this Subsection (4)] and may, in
2489     addition to or in lieu of, be ordered to cease and desist from [violating Subsection
2490     58-55-308(2), Subsection 58-55-501(1), (2), (3), (9), (10), (12), (16)(e), (18), (20), (21), (24),
2491     (25), (26), (27), or (28), or Subsection 58-55-504(2)] engaging in the qualifying violation.
2492          (iii) Except for a cease and desist order, the licensure sanctions cited in Section
2493     58-55-401 may not be assessed through a citation.

2494          (b) [(i)] A citation shall:
2495          (i) be in writing and describe with particularity the nature of the violation, including a
2496     reference to the provision of the chapter, rule, or order alleged to have been violated[.];
2497          (ii) [A citation shall] clearly state that the recipient must notify the division in writing
2498     within 20 calendar days [of service of the citation] after the day on which the citation is served
2499     if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4,
2500     Administrative Procedures Act[.]; and
2501          (iii) [A citation shall] clearly explain the consequences of failure to timely contest the
2502     citation or to make payment of any fines assessed by the citation within the time specified in
2503     the citation.
2504          (c) A citation issued under this section, or a copy of a citation, may be served upon a
2505     person upon whom a summons may be served:
2506          (i) in accordance with the Utah Rules of Civil Procedure;
2507          (ii) personally or upon the person's agent by a division investigator or by a person
2508     specially designated by the director; or
2509          (iii) by mail.
2510          (d) (i) If within 20 calendar days after the day on which a citation is served, the person
2511     to whom the citation was issued fails to request a hearing to contest the citation, the citation
2512     becomes the final order of the division and is not subject to further agency review.
2513          (ii) The period to contest a citation may be extended by the division for cause.
2514          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
2515     the license of a licensee who fails to comply with a citation after the citation becomes final.
2516          (f) The failure of an applicant for licensure to comply with a citation after the citation
2517     becomes final is a ground for denial of license.
2518          (g) A citation may not be issued under this section after the expiration of one year
2519     [following] after the date on which the violation that is the subject of the citation is reported to
2520     the division.
2521          (h) (i) Except as provided in Subsections [(4)(h)(ii)] (5)(h)(ii) and [(5),] (6), the

2522     director or the director's designee shall assess a fine in accordance with the following:
2523          (A) for a first offense handled [pursuant to] under Subsection [(4)(a)] (5)(a), a fine of
2524     up to $1,000;
2525          (B) for a second offense handled [pursuant to] under Subsection [(4)(a),] (5)(a), a fine
2526     of up to $2,000; and
2527          (C) for any subsequent offense handled [pursuant to] under Subsection [(4)(a)] (5)(a), a
2528     fine of up to $2,000 for each day of continued offense.
2529          (ii) Except as provided in Subsection [(5),] (6), if a person violates Subsection
2530     58-55-501(16)(e) or (28), the director or the director's designee shall assess a fine in
2531     accordance with the following:
2532          (A) for a first offense handled [pursuant to] under Subsection [(4)(a),] (5)(a), a fine of
2533     up to $2,000;
2534          (B) for a second offense handled [pursuant to] under Subsection [(4)(a),] (5)(a), a fine
2535     of up to $4,000; and
2536          (C) for any subsequent offense handled [pursuant to] under Subsection [(4)(a),] (5)(a),
2537     a fine of up to $4,000 for each day of continued offense.
2538          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
2539     Subsection [(4)(h)] (5)(h), an offense constitutes a second or subsequent offense if:
2540          (A) the division previously issued a final order determining that a person committed a
2541     first or second [offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
2542     (3), (9), (10), (12), (14), (16)(e), (18), (23), (24), (25), (26), (27), or (28), or Subsection
2543     58-55-504(2)] qualifying violation; or
2544          (B) (I) the division initiated an action for a first or second offense;
2545          (II) a final order has not been issued by the division in the action initiated under
2546     Subsection [(4)(i)(i)(B)(I)] (5)(i)(i)(B)(I);
2547          (III) the division determines during an investigation that occurred after the initiation of
2548     the action under Subsection [(4)(i)(i)(B)(I)] (5)(i)(i)(B)(I) that the person committed a second
2549     or subsequent [violation of the provisions of Subsection 58-55-308(2), Subsection

2550     58-55-501(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (19), (23), (24), (25), (26), (27), (28),
2551     or Subsection 58-55-504(2)] qualifying violation; and
2552          (IV) after determining that the person committed a second or subsequent [offense]
2553     qualifying violation under Subsection [(4)(i)(i)(B)(III)] (5)(i)(i)(B)(III), the division issues a
2554     final order on the action initiated under Subsection [(4)(i)(i)(B)(I).] (5)(i)(i)(B)(I).
2555          (ii) In issuing a final order for a second or subsequent offense under Subsection
2556     [(4)(i)(i),] (5)(i)(i), the division shall comply with the requirements of this section.
2557          (j) In addition to any other licensure sanction or fine imposed under this section, the
2558     division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
2559     two or more times within a 12-month period, unless, with respect to a violation of Subsection
2560     58-55-501(23), the licensee can demonstrate that the licensee successfully verified the federal
2561     legal working status of the individual who was the subject of the violation using a status
2562     verification system, as defined in Section 13-47-102.
2563          (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
2564     for each individual is considered a separate violation.
2565          [(5)] (6) If a person violates Section 58-55-501, the division may not treat the violation
2566     as a subsequent violation of a previous violation if the violation occurs five years or more after
2567     the day on which the person committed the previous violation.
2568          [(6)] (7) If, after an investigation, the division determines that a person has committed
2569     multiple of the same type of violation of Section 58-55-501, the division may treat each
2570     violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
2571     each violation.
2572          [(7)] (8) (a) A penalty imposed by the director under Subsection [(4)(h)] (5) shall be
2573     deposited into the Commerce Service Account created by Section 13-1-2.
2574          (b) A penalty that is not paid may be collected by the director by either referring the
2575     matter to a collection agency or bringing an action in the district court of the county in which
2576     the person against whom the penalty is imposed resides or in the county where the office of the
2577     director is located.

2578          (c) A county attorney or the attorney general of the state shall provide legal assistance
2579     and advice to the director in an action to collect a penalty.
2580          (d) In an action brought to collect a penalty, the court shall award reasonable attorney
2581     fees and costs to the prevailing party.
2582          Section 25. Section 58-63-102 is amended to read:
2583          58-63-102. Definitions.
2584          In addition to the definitions in Section 58-1-102, as used in this chapter:
2585          (1) "Agreement for services" means a written and signed agreement between a security
2586     service provider and a client that:
2587          (a) contains clear language that addresses and assigns financial responsibility;
2588          (b) describes the length, duties, and scope of the security services that will be provided;
2589     and
2590          (c) describes the compensation that will be paid by the client for the security services,
2591     including the compensation for each security officer.
2592          (2) "Armed courier service" means a person engaged in business as a contract security
2593     company who transports or offers to transport tangible personal property from one place or
2594     point to another under the control of an armed security officer employed by that service.
2595          (3) "Armed private security officer" means an individual:
2596          (a) employed by a contract security company;
2597          (b) whose primary duty is:
2598          (i) guarding personal or real property; or
2599          (ii) providing protection or security to the life and well being of humans or animals;
2600     and
2601          (c) who wears, carries, possesses, or has immediate access to a firearm in the
2602     performance of the individual's duties.
2603          (4) "Armored car company" means a person engaged in business under contract to
2604     others who transports or offers to transport tangible personal property, currency, valuables,
2605     jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that

2606     require secured delivery from one place to another under the control of an armored car security
2607     officer employed by the company using a specially equipped motor vehicle offering a high
2608     degree of security.
2609          (5) "Armored car security officer" means an individual:
2610          (a) employed by an armored car company;
2611          (b) whose primary duty is to guard the tangible property, currency, valuables, jewelry,
2612     SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured
2613     delivery from one place to another; and
2614          (c) who wears, carries, possesses, or has immediate access to a firearm in the
2615     performance of the individual's duties.
2616          (6) "Board" means the Security Services Licensing Board created in Section
2617     58-63-201.
2618          (7) "Client" means a person, company, or entity that contracts for and receives security
2619     services from a contract security company or an armored car company.
2620          (8) "Contract security company" means a company that [is registered with the Division
2621     of Corporations and Commercial Code and] is engaged in business to provide security services
2622     to another person, business, or entity on a contractual basis by assignment of an armed or
2623     unarmed private security officer.
2624          [(9) "Corporate officer" means an individual who is on file with the Division of
2625     Corporations and Commercial Code as:]
2626          [(a) a corporate officer of a contract security company or an armored car company that
2627     is a corporation; or]
2628          [(b) a sole proprietor of a contract security company or an armored car company that is
2629     not a corporation.]
2630          [(10)] (9) "Company officer" means:
2631          (a) a governing person, as defined in Section 48-3a-102, of an armored car company or
2632     contract security company;
2633          (b) an individual appointed as an officer of an armored car company or contract

2634     security company that is a corporation in accordance with Section 16-10a-830;
2635          (c) a general partner, as defined in Section 48-2e-102, of an armored car company or
2636     contract security company; or
2637          (d) a partner, as defined in Section 48-1d-102, of an armored car company or contract
2638     security company.
2639          (10) "Company owner" means:
2640          (a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
2641     through an entity controlled by the individual, 5% or more of the outstanding shares of an
2642     armored car company or contract security company that:
2643          (i) is a corporation; and
2644          (ii) is not publicly listed or traded; or
2645          (b) an individual who owns directly, or indirectly through an entity controlled by the
2646     individual, 5% or more of the equity of an armored car company or contract security company
2647     that is not a corporation.
2648          (11) "Company proprietor" means the sole proprietor of an armored car company or
2649     contract security company that is registered as a sole proprietorship with the Division of
2650     Corporations and Commercial Code.
2651          (12) "Company trustee" means an individual with control of or power of administration
2652     over property held in trust.
2653          (13) "Financial responsibility," when referring to a contract security company, means
2654     that a contract security company may only provide security services to a client if the contract
2655     security company:
2656          (a) enters into an agreement for services with the client;
2657          (b) maintains a current general liability insurance policy with:
2658          (i) at least an annual $1,000,000 per occurrence limit;
2659          (ii) at least an annual $2,000,000 aggregate limit; and
2660          (iii) the following riders:
2661          (A) general liability;

2662          (B) assault and battery;
2663          (C) personal injury;
2664          (D) false arrest;
2665          (E) libel and slander;
2666          (F) invasion of privacy;
2667          (G) broad form property damage;
2668          (H) damage to property in the care, custody, or control of the security service provider;
2669     and
2670          (I) errors and omissions;
2671          (c) maintains a workers' compensation insurance policy with at least a $1,000,000 per
2672     occurrence limit and that covers each security officer employed by the contract security
2673     company; and
2674          (d) maintains a federal employer identification number and an unemployment
2675     insurance employer account as required under state and federal law.
2676          [(11)] (14) "Identification card" means a personal pocket or wallet size card issued by
2677     the division to each armored car and armed or unarmed private security officer licensed under
2678     this chapter.
2679          [(12)] (15) "Law enforcement agency" means the same as that term is defined in
2680     Section 53-1-102.
2681          [(13) "Owner" means an individual who is listed with the Division of Corporations and
2682     Commercial Code as a majority stockholder of a company, a general partner of a partnership,
2683     or the proprietor of a sole proprietorship.]
2684          [(14)] (16) "Peace officer" means a person who:
2685          (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
2686     Classifications; and
2687          (b) derives total or special law enforcement powers from, and is an employee of, the
2688     federal government, the state, or a political subdivision, agency, department, branch, or service
2689     of either, of a municipality, or a unit of local government.

2690          [(15)] (17) "Regular basis" means at least 20 hours per month.
2691          [(16)] (18) "Responsible management personnel" means [an individual who is
2692     responsible for managing an applicant's operations.]:
2693          (a) a qualifying agent;
2694          (b) an operations manager; or
2695          (c) a site manager.
2696          [(17)] (19) (a) "Security officer" means an individual who is licensed as an armed or
2697     unarmed private security officer under this chapter and who:
2698          (i) is employed by a contract security company securing, guarding, or otherwise
2699     protecting tangible personal property, real property, or the life and well being of human or
2700     animal life against:
2701          (A) trespass or other unlawful intrusion or entry;
2702          (B) larceny;
2703          (C) vandalism or other abuse;
2704          (D) arson or other criminal activity; or
2705          (E) personal injury caused by another person or as a result of an act or omission by
2706     another person;
2707          (ii) is controlling, regulating, or directing the flow of movements of an individual or
2708     vehicle; or
2709          (iii) providing street patrol service.
2710          (b) "Security officer" does not include an individual whose duties include taking
2711     admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
2712     materials of individuals who are entering a sports venue, concert venue, theatrical venue,
2713     convention center, fairgrounds, public assembly facility, or mass gathering location if:
2714          (i) the individual carries out these duties without the use of specialized equipment;
2715          (ii) the authority of the individual is limited to denying entry or passage of another
2716     individual into or within the facility; and
2717          (iii) the individual is not authorized to use physical force in the performance of the

2718     individual's duties under this Subsection [(17)(b).] (19)(b).
2719          [(18)] (20) "Security service provider" means a contract security company or an
2720     armored car company licensed under this chapter.
2721          [(19)] (21) "Security system" means equipment, a device, or an instrument installed
2722     for:
2723          (a) detecting and signaling entry or intrusion by an individual into or onto, or exit from
2724     the premises protected by the system; or
2725          (b) signaling the commission of criminal activity at the election of an individual having
2726     control of the features of the security system.
2727          [(20)] (22) "Specialized resource, motor vehicle, or equipment" means an item of
2728     tangible personal property specifically designed for use in law enforcement or in providing
2729     security or guard services, or that is specially equipped with a device or feature designed for
2730     use in providing law enforcement, security, or guard services, but does not include:
2731          (a) standardized clothing, whether or not bearing a company name or logo, if the
2732     clothing does not bear the words "security" or "guard"; or
2733          (b) an item of tangible personal property, other than a firearm or nonlethal weapon, that
2734     may be used without modification in providing security or guard services.
2735          [(21)] (23) "Street patrol service" means a contract security company that provides
2736     patrols by means of foot, vehicle, or other method of transportation using public streets,
2737     thoroughfares, or property in the performance of the company's duties and responsibilities.
2738          [(22)] (24) "Unarmed private security officer" means an individual:
2739          (a) employed by a contract security company;
2740          (b) whose primary duty is guarding personal or real property or providing protection or
2741     security to the life and well being of humans or animals;
2742          (c) who does not wear, carry, possess, or have immediate access to a firearm in the
2743     performance of the individual's duties; and
2744          (d) who wears clothing of distinctive design or fashion bearing a symbol, badge,
2745     emblem, insignia, or other device that identifies the individual as a security officer.

2746          [(23)] (25) "Unlawful conduct" means the same as that term is defined in Sections
2747     58-1-501 and 58-63-501.
2748          [(24)] (26) "Unprofessional conduct" means the same as that term is defined in
2749     Sections 58-1-501 and 58-63-502 and as may be further defined by rule.
2750          Section 26. Section 58-63-302 is amended to read:
2751          58-63-302. Qualifications for licensure.
2752          (1) Each applicant for licensure as an armored car company or a contract security
2753     company shall:
2754          (a) submit an application in a form prescribed by the division;
2755          (b) pay a fee determined by the department under Section 63J-1-504;
2756          (c) have a qualifying agent who:
2757          (i) [shall meet] meets with the division and the board and [demonstrate] demonstrates
2758     that the applicant and the qualifying agent meet the requirements of this section;
2759          (ii) is a resident of the state [and];
2760          (iii) is responsible management personnel or [an] a company owner of the applicant;
2761          [(iii)] (iv) exercises material day-to-day authority in the conduct of the applicant's
2762     business by making substantive technical and administrative decisions and whose primary
2763     employment is with the applicant;
2764          [(iv)] (v) is not concurrently acting as a qualifying agent or employee of another
2765     armored car company or contract security company and is not engaged in any other
2766     employment on a regular basis;
2767          [(v)] (vi) is not involved in any activity that would conflict with the qualifying agent's
2768     duties and responsibilities under this chapter to ensure that the qualifying agent's and the
2769     applicant's performance under this chapter does not jeopardize the health or safety of the
2770     general public;
2771          [(vi)] (vii) is not an employee of a government agency;
2772          [(vii)] (viii) passes an examination component established by rule by the division in
2773     collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative

2774     Rulemaking Act; and
2775          [(viii)] (ix) (A) demonstrates 6,000 hours of compensated experience as a manager,
2776     supervisor, or administrator of an armored car company or a contract security company; or
2777          (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
2778     collaboration with the board with a federal, United States military, state, county, or municipal
2779     law enforcement agency;
2780          (d) provide the name, address, date of birth, social security number, fingerprint card,
2781     and consent to a criminal background check in accordance with Section 58-63-302.1 and
2782     requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah
2783     Administrative Rulemaking Act, for each company officer, company owner, company
2784     proprietor, company trustee, and responsible management personnel with direct responsibility
2785     for managing operations of the applicant within the state;
2786          [(d) if a corporation, provide:]
2787          [(i) the names, addresses, dates of birth, and social security numbers of all corporate
2788     officers, directors, and responsible management personnel; and]
2789          [(ii) the names, addresses, dates of birth, and social security numbers, of all
2790     shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
2791     the division if the stock is publicly listed and traded;]
2792          [(e) if a limited liability company, provide:]
2793          [(i) the names, addresses, dates of birth, and social security numbers of all company
2794     officers, and responsible management personnel; and]
2795          [(ii) the names, addresses, dates of birth, and social security numbers of all individuals
2796     owning 5% or more of the equity of the company;]
2797          [(f) if a partnership, provide the names, addresses, dates of birth, and social security
2798     numbers of all general partners, and responsible management personnel;]
2799          [(g) if a proprietorship, provide the names, addresses, dates of birth, and social security
2800     numbers of the proprietor, and responsible management personnel;]
2801          [(h)] (e) have [good moral character in that officers, directors, shareholders described

2802     in Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have]
2803     company officers, company owners, company proprietors, company trustees, and responsible
2804     management personnel who have not been convicted of:
2805          (i) a felony; or
2806          [(ii) a misdemeanor involving moral turpitude; or]
2807          [(iii)] (ii) a crime that when considered with the duties and responsibilities of a contract
2808     security company or an armored car company by the division and the board indicates that the
2809     best interests of the public are not served by granting the applicant a license;
2810          [(i)] (f) document that none of the [applicant's officers, directors, shareholders
2811     described in Subsection (1)(d)(ii), partners, proprietors, and responsible management
2812     personnel] persons described in Subsection (1)(e):
2813          (i) have been declared by a court of competent jurisdiction incompetent by reason of
2814     mental defect or disease and not been restored; [and] or
2815          (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
2816          [(j)] (g) file and maintain with the division evidence of:
2817          (i) comprehensive general liability insurance in a form and in amounts established by
2818     rule by the division in collaboration with the board and in accordance with Title 63G, Chapter
2819     3, Utah Administrative Rulemaking Act;
2820          (ii) workers' compensation insurance that covers employees of the applicant in
2821     accordance with applicable Utah law;
2822          (iii) registration with the Division of Corporations and Commercial Code; and
2823          (iv) registration as required by applicable law with the:
2824          (A) Unemployment Insurance Division in the Department of Workforce Services, for
2825     purposes of Title 35A, Chapter 4, Employment Security Act;
2826          (B) State Tax Commission; and
2827          (C) Internal Revenue Service; and
2828          [(k)] (h) meet with the division and board if requested by the division or board.
2829          (2) Each applicant for licensure as an armed private security officer [shall]:

2830          (a) shall submit an application in a form prescribed by the division;
2831          (b) shall pay a fee determined by the department under Section 63J-1-504;
2832          (c) [have good moral character in that the applicant has not] may not have been
2833     convicted of:
2834          (i) a felony; or
2835          [(ii) a misdemeanor involving moral turpitude; or]
2836          [(iii)] (ii) a crime that when considered with the duties and responsibilities of an armed
2837     private security officer by the division and the board indicates that the best interests of the
2838     public are not served by granting the applicant a license;
2839          (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2840     Sec. 922(g);
2841          (e) may not have been declared incompetent by a court of competent jurisdiction by
2842     reason of mental defect or disease and not been restored;
2843          (f) may not be currently suffering from habitual drunkenness or from drug addiction or
2844     dependence;
2845          (g) shall successfully complete basic education and training requirements established
2846     by rule by the division in collaboration with the board and in accordance with Title 63G,
2847     Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight
2848     hours of classroom or online curriculum;
2849          (h) shall successfully complete firearms training requirements established by rule by
2850     the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2851     Administrative Rulemaking Act, which shall include a minimum of 12 hours of training;
2852          (i) shall pass the examination requirement established by rule by the division in
2853     collaboration with the board[;] and in accordance with Title 63G, Chapter 3, Utah
2854     Administrative Rulemaking Act;
2855          (j) shall submit to and pass a background check in accordance with Section
2856     58-63-302.1 and requirements established by division rule made in accordance with Title 63G,
2857     Chapter 3, Utah Administrative Rulemaking Act; and

2858          [(j)] (k) shall meet with the division and board if requested by the division or the board.
2859          (3) Each applicant for licensure as an unarmed private security officer [shall]:
2860          (a) shall submit an application in a form prescribed by the division;
2861          (b) shall pay a fee determined by the department under Section 63J-1-504;
2862          (c) [have good moral character in that the applicant has not] may not have been
2863     convicted of:
2864          (i) a felony; or
2865          [(ii) a misdemeanor involving moral turpitude; or]
2866          [(iii)] (ii) a crime that when considered with the duties and responsibilities of an
2867     unarmed private security officer by the division and the board indicates that the best interests of
2868     the public are not served by granting the applicant a license;
2869          (d) may not have been declared incompetent by a court of competent jurisdiction by
2870     reason of mental defect or disease and not been restored;
2871          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2872     dependence;
2873          (f) shall successfully complete basic education and training requirements established
2874     by rule by the division in collaboration with the board and in accordance with Title 63G,
2875     Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight
2876     hours of classroom or online curriculum;
2877          (g) shall pass the examination requirement established by rule by the division in
2878     collaboration with the board[;] and in accordance with Title 63G, Chapter 3, Utah
2879     Administrative Rulemaking Act;
2880          (h) shall submit to and pass a background check in accordance with Section
2881     58-63-302.1 and requirements established by division rule made in accordance with Title 63G,
2882     Chapter 3, Utah Administrative Rulemaking Act; and
2883          [(h)] (i) shall meet with the division and board if requested by the division or board.
2884          (4) Each applicant for licensure as an armored car security officer [shall]:
2885          (a) shall submit an application in a form prescribed by the division;

2886          (b) shall pay a fee determined by the department under Section 63J-1-504;
2887          (c) [have good moral character in that the applicant has not] may not have been
2888     convicted of:
2889          (i) a felony; or
2890          [(ii) a misdemeanor involving moral turpitude; or]
2891          [(iii)] (ii) a crime that when considered with the duties and responsibilities of an
2892     armored car security officer by the division and the board indicates that the best interests of the
2893     public are not served by granting the applicant a license;
2894          (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2895     Sec. 922(g);
2896          (e) may not have been declared incompetent by a court of competent jurisdiction by
2897     reason of mental defect or disease and not been restored;
2898          (f) may not be currently suffering from habitual drunkenness or from drug addiction or
2899     dependence;
2900          (g) shall successfully complete basic education and training requirements established
2901     by rule by the division in collaboration with the board and in accordance with Title 63G,
2902     Chapter 3, Utah Administrative Rulemaking Act;
2903          (h) shall successfully complete firearms training requirements established by rule by
2904     the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2905     Administrative Rulemaking Act;
2906          (i) shall pass the examination requirements established by rule by the division in
2907     collaboration with the board[;] and in accordance with Title 63G, Chapter 3, Utah
2908     Administrative Rulemaking Act;
2909          (j) shall submit to and pass a background check in accordance with Section
2910     58-63-302.1 and requirements established by division rule made in accordance with Title 63G,
2911     Chapter 3, Utah Administrative Rulemaking Act; and
2912          [(j)] (k) shall meet with the division and board if requested by the division or the board.
2913          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

2914     division may make a rule establishing when the division shall request a Federal Bureau of
2915     Investigation records' review for an applicant who is applying for licensure or licensure renewal
2916     under this chapter.
2917          [(6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
2918     (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
2919     cards to the Department of Public Safety with the division's request to:]
2920          [(a) conduct a search of records of the Department of Public Safety for criminal history
2921     information relating to each applicant for licensure under this chapter and each applicant's
2922     officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
2923     responsible management personnel; and]
2924          [(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
2925     requiring a check of records of the FBI for criminal history information under this section.]
2926          [(7) The Department of Public Safety shall send the division:]
2927          [(a) a written record of criminal history, or certification of no criminal history record,
2928     as contained in the records of the Department of Public Safety in a timely manner after receipt
2929     of a fingerprint card from the division and a request for review of Department of Public Safety
2930     records; and]
2931          [(b) the results of the FBI review concerning an applicant in a timely manner after
2932     receipt of information from the FBI.]
2933          [(8) (a) The division shall charge each applicant a fee, in accordance with Section
2934     63J-1-504, equal to the cost of performing the records reviews under this section.]
2935          [(b) The division shall pay the Department of Public Safety the costs of all records
2936     reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
2937     under this chapter.]
2938          [(9) The division shall use or disseminate the information it obtains from the reviews
2939     of criminal history records of the Department of Public Safety and the FBI only to determine if
2940     an applicant for licensure or licensure renewal under this chapter is qualified for licensure.]
2941          Section 27. Section 58-63-302.1 is enacted to read:

2942          58-63-302.1. Criminal background check.
2943          (1) An applicant for licensure under this chapter who requires a criminal background
2944     check shall:
2945          (a) submit fingerprint cards in a form acceptable to the division at the time the license
2946     application is filed; and
2947          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2948     Identification and the Federal Bureau of Investigation regarding the application.
2949          (2) The division shall:
2950          (a) in addition to other fees authorized by this chapter, collect from each applicant
2951     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2952     Identification is authorized to collect for the services provided under Section 53-10-108 and the
2953     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2954     obtaining federal criminal history record information;
2955          (b) submit from each applicant the fingerprint card and the fees described in
2956     Subsection (2)(a) to the Bureau of Criminal Identification; and
2957          (c) obtain and retain in division records a signed waiver approved by the Bureau of
2958     Criminal Identification in accordance with Section 53-10-108 for each applicant.
2959          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2960     Section 53-10-108:
2961          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2962     and regional criminal records databases;
2963          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2964     criminal history background check; and
2965          (c) provide the results from the state, regional, and nationwide criminal history
2966     background checks to the division.
2967          (4) For purposes of conducting a criminal background check required under this
2968     section, the division shall have direct access to criminal background information maintained
2969     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.

2970          (5) The division may not disseminate outside of the division any criminal history
2971     record information that the division obtains from the Bureau of Criminal Identification or the
2972     Federal Bureau of Investigation under the criminal background check requirements of this
2973     section.
2974          (6) (a) A new license issued under Section 58-63-302 is conditional pending
2975     completion of the criminal background check.
2976          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
2977     criminal background check required in Section 58-63-302 demonstrates the applicant or the
2978     applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
2979     responsible management personnel has failed to accurately disclose a criminal history, the
2980     license is immediately and automatically revoked upon notice to the licensee by the division.
2981          (c) A person whose conditional license has been revoked under Subsection (6)(b) is
2982     entitled to a postrevocation hearing to challenge the revocation.
2983          (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
2984     Chapter 4, Administrative Procedures Act.
2985          Section 28. Section 58-64-302 is amended to read:
2986          58-64-302. Qualifications for licensure.
2987          (1) Each applicant for licensure as a deception detection examiner:
2988          (a) shall submit an application in a form prescribed by the division;
2989          (b) shall pay a fee determined by the department under Section 63J-1-504;
2990          (c) may not have been convicted of a felony[, a misdemeanor involving moral
2991     turpitude,] or any other crime that when considered with the duties and responsibilities of a
2992     deception detection examiner is considered by the division to indicate that the best interests of
2993     the public will not be served by granting the applicant a license;
2994          (d) may not have been declared by any court of competent jurisdiction incompetent by
2995     reason of mental defect or disease and not been restored;
2996          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2997     dependence;

2998          (f) shall have completed one of the following:
2999          (i) have earned a bachelor's degree from a four year university or college meeting
3000     standards established by the division by rule made in accordance with Title 63G, Chapter 3,
3001     Utah Administrative Rulemaking Act;
3002          (ii) have completed not less than 8,000 hours of investigation experience approved by
3003     the division; or
3004          (iii) have completed a combination of university or college education and investigation
3005     experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3,
3006     Utah Administrative Rulemaking Act, as being equivalent to the requirements under
3007     Subsection (1)(f)(i) or (1)(f)(ii);
3008          (g) shall have successfully completed a training program in detection deception
3009     meeting criteria established by rule made by the division[; and] in accordance with Title 63G,
3010     Chapter 3, Utah Administrative Rulemaking Act;
3011          (h) shall submit to and pass a background check in accordance with Section
3012     58-64-302.1 and requirements established by division rule made in accordance with Title 63G,
3013     Chapter 3, Utah Administrative Rulemaking Act; and
3014          [(h)] (i) shall have performed satisfactorily as a licensed deception detection intern for
3015     a period of not less than one year and shall have satisfactorily conducted not less than 100
3016     deception detection examinations under the supervision of a licensed deception detection
3017     examiner.
3018          (2) Each applicant for licensure as a deception detection intern:
3019          (a) shall submit an application in a form prescribed by the division;
3020          (b) shall pay a fee determined by the department under Section 63J-1-504;
3021          (c) may not have been convicted of a felony[, a misdemeanor involving moral
3022     turpitude,] or any other crime that when considered with the duties and responsibilities of a
3023     deception detection intern is considered by the division to indicate that the best interests of the
3024     public will not be served by granting the applicant a license;
3025          (d) may not have been declared by any court of competent jurisdiction incompetent by

3026     reason of mental defect or disease and not been restored;
3027          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
3028     dependence;
3029          (f) shall have completed one of the following:
3030          (i) have earned a bachelor's degree from a four year university or college meeting
3031     standards established by the division by rule made in accordance with Title 63G, Chapter 3,
3032     Utah Administrative Rulemaking Act;
3033          (ii) have completed not less than 8,000 hours of investigation experience approved by
3034     the division; or
3035          (iii) have completed a combination of university or college education and investigation
3036     experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3,
3037     Utah Administrative Rulemaking Act, as being equivalent to the requirements under
3038     Subsection (2)(f)(i) or (2)(f)(ii);
3039          (g) shall have successfully completed a training program in detection deception
3040     meeting criteria established by rule made by the division[; and] in accordance with Title 63G,
3041     Chapter 3, Utah Administrative Rulemaking Act;
3042          (h) shall submit to and pass a background check in accordance with Section
3043     58-64-302.1 and requirements established by division rule made in accordance with Title 63G,
3044     Chapter 3, Utah Administrative Rulemaking Act; and
3045          [(h)] (i) shall provide the division with an intern supervision agreement in a form
3046     prescribed by the division under which:
3047          (i) a licensed deception detection examiner agrees to supervise the intern; and
3048          (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
3049          (3) Each applicant for licensure as a deception detection examination administrator:
3050          (a) shall submit an application in a form prescribed by the division;
3051          (b) shall pay a fee determined by the department under Section 63J-1-504;
3052          (c) may not have been convicted of a felony[, a misdemeanor involving moral
3053     turpitude,] or any other crime that when considered with the duties and responsibilities of a

3054     deception detection examination administrator is considered by the division to indicate that the
3055     best interests of the public will not be served by granting the applicant a license;
3056          (d) may not have been declared by a court of competent jurisdiction incompetent by
3057     reason of mental defect or disease and not been restored;
3058          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
3059     dependence;
3060          (f) shall have earned an associate degree from a state-accredited university or college or
3061     have an equivalent number of years' work experience; [and]
3062          (g) shall submit to and pass a background check in accordance with Section
3063     58-64-302.1 and requirements established by division rule made in accordance with Title 63G,
3064     Chapter 3, Utah Administrative Rulemaking Act; and
3065          [(g)] (h) shall have successfully completed a training program and have obtained
3066     certification in deception detection examination administration provided by the manufacturer
3067     of a scientific or technology-based software application solution that is approved by the
3068     director.
3069          [(4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c),
3070     or (3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
3071     Department of Public Safety with the division's request to:]
3072          [(a) conduct a search of records of the Department of Public Safety for criminal history
3073     information relating to each applicant for licensure under this chapter; and]
3074          [(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
3075     requiring a check of records of the F.B.I. for criminal history information under this section.]
3076          [(5) The Department of Public Safety shall send to the division:]
3077          [(a) a written record of criminal history, or certification of no criminal history record,
3078     as contained in the records of the Department of Public Safety in a timely manner after receipt
3079     of a fingerprint card from the division and a request for review of Department of Public Safety
3080     records; and]
3081          [(b) the results of the F.B.I. review concerning an applicant in a timely manner after

3082     receipt of information from the F.B.I.]
3083          [(6) (a) The division shall charge each applicant a fee, in accordance with Section
3084     63J-1-504, equal to the cost of performing the records reviews under this section.]
3085          [(b) The division shall pay the Department of Public Safety the costs of all records
3086     reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
3087     under this chapter.]
3088          [(7) Information obtained by the division from the reviews of criminal history records
3089     of the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
3090     only for the purpose of determining if an applicant for licensure under this chapter is qualified
3091     for licensure.]
3092          Section 29. Section 58-64-302.1 is enacted to read:
3093          58-64-302.1. Criminal background check.
3094          (1) An applicant for licensure under this chapter who requires a criminal background
3095     check shall:
3096          (a) submit fingerprint cards in a form acceptable to the division at the time the license
3097     application is filed; and
3098          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
3099     Identification and the Federal Bureau of Investigation regarding the application.
3100          (2) The division shall:
3101          (a) in addition to other fees authorized by this chapter, collect from each applicant
3102     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
3103     Identification is authorized to collect for the services provided under Section 53-10-108 and the
3104     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
3105     obtaining federal criminal history record information;
3106          (b) submit from each applicant the fingerprint card and the fees described in
3107     Subsection (2)(a) to the Bureau of Criminal Identification; and
3108          (c) obtain and retain in division records a signed waiver approved by the Bureau of
3109     Criminal Identification in accordance with Section 53-10-108 for each applicant.

3110          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
3111     Section 53-10-108:
3112          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
3113     and regional criminal records databases;
3114          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
3115     criminal history background check; and
3116          (c) provide the results from the state, regional, and nationwide criminal history
3117     background checks to the division.
3118          (4) For purposes of conducting a criminal background check required under this
3119     section, the division shall have direct access to criminal background information maintained
3120     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
3121          (5) The division may not disseminate outside of the division any criminal history
3122     record information that the division obtains from the Bureau of Criminal Identification or the
3123     Federal Bureau of Investigation under the criminal background check requirements of this
3124     section.
3125          (6) (a) A new license issued under Section 58-64-302 is conditional pending
3126     completion of the criminal background check.
3127          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
3128     criminal background check required in Section 58-64-302 demonstrates the applicant or the
3129     applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
3130     responsible management personnel has failed to accurately disclose a criminal history, the
3131     license is immediately and automatically revoked upon notice to the licensee by the division.
3132          (c) A person whose conditional license has been revoked under Subsection (6)(b) is
3133     entitled to a postrevocation hearing to challenge the revocation.
3134          (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
3135     Chapter 4, Administrative Procedures Act.