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8 LONG TITLE
9 General Description:
10 This bill addresses reciprocal professional licensing and certification by certain state
11 agencies.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ enacts the PA Licensure Compact;
16 ▸ creates a process for the following state agencies to issue certain professional
17 licenses and certificates by endorsement:
18 • the Department of Agriculture and Food;
19 • the Pete Suazo Utah Athletic Commission within the Department of Cultural
20 and Community Engagement;
21 • the Department of Commerce;
22 • the Department of Environmental Quality;
23 • the Department of Health and Human Services;
24 • the Utah State Office of Rehabilitation within the Department of Workforce
25 Services;
26 • the Labor Commission;
27 • the State Board of Education; and
28 • the Department of Transportation;
29 ▸ provides administrative rulemaking authority; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438 and 466
38 58-1-302, as last amended by Laws of Utah 2022, Chapter 415
39 58-70a-302, as last amended by Laws of Utah 2021, Chapter 312
40 ENACTS:
41 4-1-112, Utah Code Annotated 1953
42 9-23-301.5, Utah Code Annotated 1953
43 13-1-17, Utah Code Annotated 1953
44 19-1-208, Utah Code Annotated 1953
45 26B-3-102, Utah Code Annotated 1953
46 35A-13-606.5, Utah Code Annotated 1953
47 40-2-403, Utah Code Annotated 1953
48 53E-6-205, Utah Code Annotated 1953
49 58-70a-301.1, Utah Code Annotated 1953
50 58-70c-101, Utah Code Annotated 1953
51 58-70c-102, Utah Code Annotated 1953
52 58-70c-103, Utah Code Annotated 1953
53 58-70c-104, Utah Code Annotated 1953
54 58-70c-105, Utah Code Annotated 1953
55 58-70c-106, Utah Code Annotated 1953
56 58-70c-107, Utah Code Annotated 1953
57 58-70c-108, Utah Code Annotated 1953
58 58-70c-109, Utah Code Annotated 1953
59 58-70c-110, Utah Code Annotated 1953
60 58-70c-111, Utah Code Annotated 1953
61 58-70c-112, Utah Code Annotated 1953
62 58-70c-113, Utah Code Annotated 1953
63 58-70c-201, Utah Code Annotated 1953
64 72-9-602.5, Utah Code Annotated 1953
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 4-1-112 is enacted to read:
68 4-1-112. License by endorsement.
69 (1) As used in this section, "license" means an authorization that permits the holder to
70 engage in the practice of a profession regulated under this title.
71 (2) Subject to Subsections (4) through (7), the department shall issue a license to an
72 applicant who has been licensed in another state, district, or territory of the United States if:
73 (a) the department determines that the license issued by the other state, district, or
74 territory encompasses a similar scope of practice as the license sought in this state;
75 (b) the applicant has at least one year of experience practicing under the license issued
76 in the other state, district, or territory; and
77 (c) the applicant's license is in good standing in the other state, district, or territory.
78 (3) Subject to Subsections (4) through (7), the department may issue a license to an
79 applicant who:
80 (a) has been licensed in another state, district, or territory of the United States, or in a
81 jurisdiction outside of the United States, if:
82 (i) (A) the department determines that the applicant's education, experience, and skills
83 demonstrate competency in the profession for which licensure is sought in this state; and
84 (B) the applicant has at least one year of experience practicing under the license issued
85 in the other state, district, territory, or jurisdiction; or
86 (ii) the department determines that the licensure requirements of the other state,
87 district, territory, or jurisdiction at the time the license was issued were substantially similar to
88 the requirements for the license sought in this state; or
89 (b) has never been licensed in a state, district, or territory of the United States, or in a
90 jurisdiction outside of the United States, if:
91 (i) the applicant was educated in or obtained relevant experience in a state, district, or
92 territory of the United States, or a jurisdiction outside of the United States; and
93 (ii) the department determines that the education or experience was substantially
94 similar to the education or experience requirements for the license sought in this state.
95 (4) The department may refuse to issue a license to an applicant under this section if:
96 (a) the department determines that there is reasonable cause to believe that the
97 applicant is not qualified to receive the license in this state; or
98 (b) the applicant has a previous or pending disciplinary action related to the applicant's
99 other license.
100 (5) Before the department issues a license to an applicant under this section, the
101 applicant shall:
102 (a) pay a fee determined by the department under Section 63J-1-504; and
103 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
104 standing in the profession for which licensure is sought in this state.
105 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
106 Administrative Rulemaking Act, prescribing the administration and requirements of this
107 section.
108 (7) This section is subject to and may be supplemented or altered by licensure
109 endorsement provisions or multistate licensure compacts in specific chapters of this title.
110 Section 2. Section 9-23-301.5 is enacted to read:
111 9-23-301.5. License by endorsement.
112 (1) As used in this section, "license" means an authorization that permits the holder to
113 engage in the practice of a profession regulated under this chapter.
114 (2) Subject to Subsections (4) through (6), the commission shall issue a license to an
115 applicant who has been licensed in another state, district, or territory of the United States if:
116 (a) the commission determines that the license issued by the other state, district, or
117 territory encompasses a similar scope of practice as the license sought in this state;
118 (b) the applicant has at least one year of experience practicing under the license issued
119 in the other state, district, or territory; and
120 (c) the applicant's license is in good standing in the other state, district, or territory.
121 (3) Subject to Subsections (4) through (6), the commission may issue a license to an
122 applicant who:
123 (a) has been licensed in another state, district, or territory of the United States, or in a
124 jurisdiction outside of the United States, if:
125 (i) (A) the commission determines that the applicant's education, experience, and skills
126 demonstrate competency in the profession for which licensure is sought in this state; and
127 (B) the applicant has at least one year of experience practicing under the license issued
128 in the other state, district, territory, or jurisdiction; or
129 (ii) the commission determines that the licensure requirements of the other state,
130 district, territory, or jurisdiction at the time the license was issued were substantially similar to
131 the requirements for the license sought in this state; or
132 (b) has never been licensed in a state, district, or territory of the United States, or in a
133 jurisdiction outside of the United States, if:
134 (i) the applicant was educated in or obtained relevant experience in a state, district, or
135 territory of the United States, or a jurisdiction outside of the United States; and
136 (ii) the commission determines that the education or experience was substantially
137 similar to the education or experience requirements for the license sought in this state.
138 (4) The commission may refuse to issue a license to an applicant under this section if:
139 (a) the commission determines that there is reasonable cause to believe that the
140 applicant is not qualified to receive the license in this state; or
141 (b) the applicant has a previous or pending disciplinary action related to the applicant's
142 other license.
143 (5) Before the commission issues a license to an applicant under this section, the
144 applicant shall:
145 (a) pay a fee determined by the commission under Section 63J-1-504; and
146 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
147 standing in the profession for which licensure is sought in this state.
148 (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
149 Administrative Rulemaking Act, prescribing the administration and requirements of this
150 section.
151 Section 3. Section 13-1-17 is enacted to read:
152 13-1-17. License by endorsement.
153 (1) As used in this section:
154 (a) "License" means, except as provided in Subsection (1)(b), an authorization that
155 permits the holder to engage in the practice of a profession regulated under this title.
156 (b) "License" does not include an authorization that permits the holder to engage in the
157 practice of a profession regulated by the Division of Real Estate under Title 61, Securities
158 Division - Real Estate Division, or the Division of Professional Licensing under Title 58,
159 Occupations and Professions.
160 (2) Subject to Subsections (4) through (7), the department shall issue a license to an
161 applicant who has been licensed in another state, district, or territory of the United States if:
162 (a) the department determines that the license issued by the other state, district, or
163 territory encompasses a similar scope of practice as the license sought in this state;
164 (b) the applicant has at least one year of experience practicing under the license issued
165 in the other state, district, or territory; and
166 (c) the applicant's license is in good standing in the other state, district, or territory.
167 (3) Subject to Subsections (4) through (7), the department may issue a license to an
168 applicant who:
169 (a) has been licensed in another state, district, or territory of the United States, or in a
170 jurisdiction outside of the United States, if:
171 (i) (A) the department determines that the applicant's education, experience, and skills
172 demonstrate competency in the profession for which licensure is sought in this state; and
173 (B) the applicant has at least one year of experience practicing under the license issued
174 in the other state, district, territory, or jurisdiction; or
175 (ii) the department determines that the licensure requirements of the other state,
176 district, territory, or jurisdiction at the time the license was issued were substantially similar to
177 the requirements for the license sought in this state; or
178 (b) has never been licensed in a state, district, or territory of the United States, or in a
179 jurisdiction outside of the United States, if:
180 (i) the applicant was educated in or obtained relevant experience in a state, district, or
181 territory of the United States, or a jurisdiction outside of the United States; and
182 (ii) the department determines that the education or experience was substantially
183 similar to the education or experience requirements for the license sought in this state.
184 (4) The department may refuse to issue a license to an applicant under this section if:
185 (a) the department determines that there is reasonable cause to believe that the
186 applicant is not qualified to receive the license in this state; or
187 (b) the applicant has a previous or pending disciplinary action related to the applicant's
188 other license.
189 (5) Before the department issues a license to an applicant under this section, the
190 applicant shall:
191 (a) pay a fee determined by the department under Section 63J-1-504; and
192 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
193 standing in the profession for which licensure is sought in this state.
194 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
195 Administrative Rulemaking Act, prescribing the administration and requirements of this
196 section.
197 (7) This section is subject to and may be supplemented or altered by licensure
198 endorsement provisions or multistate licensure compacts in specific chapters of this title.
199 Section 4. Section 19-1-208 is enacted to read:
200 19-1-208. License by endorsement.
201 (1) As used in this section, "license" means an authorization that permits the holder to
202 engage in the practice of a profession regulated under this title.
203 (2) Subject to Subsections (4) through (7), the department shall issue a license to an
204 applicant who has been licensed in another state, district, or territory of the United States if:
205 (a) the department determines that the license issued by the other state, district, or
206 territory encompasses a similar scope of practice as the license sought in this state;
207 (b) the applicant has at least one year of experience practicing under the license issued
208 in the other state, district, or territory; and
209 (c) the applicant's license is in good standing in the other state, district, or territory.
210 (3) Subject to Subsections (4) through (7), the department may issue a license to an
211 applicant who:
212 (a) has been licensed in another state, district, or territory of the United States, or in a
213 jurisdiction outside of the United States, if:
214 (i) (A) the department determines that the applicant's education, experience, and skills
215 demonstrate competency in the profession for which licensure is sought in this state; and
216 (B) the applicant has at least one year of experience practicing under the license issued
217 in the other state, district, territory, or jurisdiction; or
218 (ii) the department determines that the licensure requirements of the other state,
219 district, territory, or jurisdiction at the time the license was issued were substantially similar to
220 the requirements for the license sought in this state; or
221 (b) has never been licensed in a state, district, or territory of the United States, or in a
222 jurisdiction outside of the United States, if:
223 (i) the applicant was educated in or obtained relevant experience in a state, district, or
224 territory of the United States, or a jurisdiction outside of the United States; and
225 (ii) the department determines that the education or experience was substantially
226 similar to the education or experience requirements for the license sought in this state.
227 (4) The department may refuse to issue a license to an applicant under this section if:
228 (a) the department determines that there is reasonable cause to believe that the
229 applicant is not qualified to receive the license in this state; or
230 (b) the applicant has a previous or pending disciplinary action related to the applicant's
231 other license.
232 (5) Before the department issues a license to an applicant under this section, the
233 applicant shall:
234 (a) pay a fee determined by the department under Section 63J-1-504; and
235 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
236 standing in the profession for which licensure is sought in this state.
237 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
238 Administrative Rulemaking Act, prescribing the administration and requirements of this
239 section.
240 (7) This section is subject to and may be supplemented or altered by licensure
241 endorsement provisions or multistate licensure compacts in specific chapters of this title.
242 Section 5. Section 26B-3-102 is enacted to read:
243 26B-3-102. License by endorsement.
244 (1) As used in this section, "license" means an authorization that permits the holder to
245 engage in the practice of a profession regulated under this title.
246 (2) Subject to Subsections (4) through (7), the department shall issue a license to an
247 applicant who has been licensed in another state, district, or territory of the United States if:
248 (a) the department determines that the license issued by the other state, district, or
249 territory encompasses a similar scope of practice as the license sought in this state;
250 (b) the applicant has at least one year of experience practicing under the license issued
251 in the other state, district, or territory; and
252 (c) the applicant's license is in good standing in the other state, district, or territory.
253 (3) Subject to Subsections (4) through (7), the department may issue a license to an
254 applicant who:
255 (a) has been licensed in another state, district, or territory of the United States, or in a
256 jurisdiction outside of the United States, if:
257 (i) (A) the department determines that the applicant's education, experience, and skills
258 demonstrate competency in the profession for which licensure is sought in this state; and
259 (B) the applicant has at least one year of experience practicing under the license issued
260 in the other state, district, territory, or jurisdiction; or
261 (ii) the department determines that the licensure requirements of the other state,
262 district, territory, or jurisdiction at the time the license was issued were substantially similar to
263 the requirements for the license sought in this state; or
264 (b) has never been licensed in a state, district, or territory of the United States, or in a
265 jurisdiction outside of the United States, if:
266 (i) the applicant was educated in or obtained relevant experience in a state, district, or
267 territory of the United States, or a jurisdiction outside of the United States; and
268 (ii) the department determines that the education or experience was substantially
269 similar to the education or experience requirements for the license sought in this state.
270 (4) The department may refuse to issue a license to an applicant under this section if:
271 (a) the department determines that there is reasonable cause to believe that the
272 applicant is not qualified to receive the license in this state; or
273 (b) the applicant has a previous or pending disciplinary action related to the applicant's
274 other license.
275 (5) Before the department issues a license to an applicant under this section, the
276 applicant shall:
277 (a) pay a fee determined by the department under Section 63J-1-504; and
278 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
279 standing in the profession for which licensure is sought in this state.
280 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
281 Administrative Rulemaking Act, prescribing the administration and requirements of this
282 section.
283 (7) This section is subject to and may be supplemented or altered by licensure
284 endorsement provisions or multistate licensure compacts in specific chapters of this title.
285 Section 6. Section 35A-13-606.5 is enacted to read:
286 35A-13-606.5. Certificate by endorsement.
287 (1) As used in this section, "license" means an authorization that permits the holder to
288 engage in the practice of a profession described in Section 35A-13-605.
289 (2) Subject to Subsections (3) through (5), the director may issue a certificate described
290 in Section 35A-13-605 to an applicant who has been licensed in another state, district, or
291 territory of the United States, or in a jurisdiction outside of the United States, if:
292 (a) the director determines that the applicant's education, experience, and skills
293 demonstrate competency in the profession for which certification is sought; or
294 (b) the director determines that the licensure requirements of the other state, district,
295 territory, or jurisdiction at the time the license was issued were substantially similar to the
296 requirements for the certificate.
297 (3) The director may refuse to issue a certificate to an applicant under this section if:
298 (a) the director determines that there is reasonable cause to believe that the applicant is
299 not qualified to receive the certificate; or
300 (b) the applicant has a previous or pending disciplinary action related to the applicant's
301 other license.
302 (4) Before the director issues a certificate to an applicant under this section, the
303 applicant shall:
304 (a) pay a fee determined by the director under Section 35A-13-606; and
305 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
306 standing in the profession for which certification is sought.
307 (5) The director may make rules in accordance with Title 63G, Chapter 3, Utah
308 Administrative Rulemaking Act, prescribing the administration and requirements of this
309 section.
310 Section 7. Section 40-2-403 is enacted to read:
311 40-2-403. Certificate by endorsement.
312 (1) As used in this section, "license" means an authorization that permits the holder to
313 engage in the practice of an occupation described in Section 40-2-402.
314 (2) Subject to Subsections (4) through (6), the commission shall issue a certificate
315 described in Section 40-2-401 to an applicant who has been licensed in another state, district,
316 or territory of the United States if:
317 (a) the commission determines that the license issued by the other state, district, or
318 territory encompasses a similar scope of practice as the certificate;
319 (b) the applicant has at least one year of experience practicing under the license issued
320 in the other state, district, or territory; and
321 (c) the applicant's license is in good standing in the other state, district, or territory.
322 (3) Subject to Subsections (4) through (6), the commission may issue a certificate
323 described in Section 40-2-401 to an applicant who:
324 (a) has been licensed in another state, district, or territory of the United States, or in a
325 jurisdiction outside of the United States, if:
326 (i) (A) the commission determines that the applicant's education, experience, and skills
327 demonstrate competency in the occupation for which certification is sought; and
328 (B) the applicant has at least one year of experience practicing under the license issued
329 in the other state, district, territory, or jurisdiction; or
330 (ii) the commission determines that the licensure requirements of the other state,
331 district, territory, or jurisdiction at the time the license was issued were substantially similar to
332 the requirements for the certificate; or
333 (b) has never been licensed in a state, district, or territory of the United States, or in a
334 jurisdiction outside of the United States, if:
335 (i) the applicant was educated in or obtained relevant experience in a state, district, or
336 territory of the United States, or a jurisdiction outside of the United States; and
337 (ii) the commission determines that the education or experience was substantially
338 similar to the education or experience requirements for the certificate.
339 (4) The commission may refuse to issue a certificate to an applicant under this section
340 if:
341 (a) the commission determines that there is reasonable cause to believe that the
342 applicant is not qualified to receive the certificate; or
343 (b) the applicant has a previous or pending disciplinary action related to the applicant's
344 other license.
345 (5) Before the commission issues a certificate to an applicant under this section, the
346 applicant shall:
347 (a) pay a fee determined by the commission under Section 63J-1-504; and
348 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
349 standing in the occupation for which certification is sought.
350 (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
351 Administrative Rulemaking Act, prescribing the administration and requirements of this
352 section.
353 Section 8. Section 53E-6-205 is enacted to read:
354 53E-6-205. License by endorsement.
355 (1) Subject to Subsections (3) through (6), the state board shall issue a license to an
356 applicant who has been issued a certificate in another state, district, or territory of the United
357 States if:
358 (a) the state board determines that the certificate encompasses a similar scope of
359 practice as the license sought in this state;
360 (b) the applicant has at least one year of experience practicing under the certificate; and
361 (c) the applicant's certificate is in good standing in the other state, district, or territory.
362 (2) Subject to Subsections (3) through (6), the state board may issue a license to an
363 applicant who:
364 (a) has been issued a certificate in another state, district, or territory of the United
365 States, or in a jurisdiction outside of the United States, if:
366 (i) (A) the state board determines that the applicant's education, experience, and skills
367 demonstrate competency in the profession for which licensure is sought in this state; and
368 (B) the applicant has at least one year of experience practicing under the certificate; or
369 (ii) the state board determines that the certification requirements of the other state,
370 district, territory, or jurisdiction at the time the certificate was issued were substantially similar
371 to the requirements for the license sought in this state; or
372 (b) has never been issued a certificate in a state, district, or territory of the United
373 States, or in a jurisdiction outside of the United States, if:
374 (i) the applicant was educated in or obtained relevant experience in a state, district, or
375 territory of the United States, or a jurisdiction outside of the United States; and
376 (ii) the state board determines that the education or experience was substantially
377 similar to the education or experience requirements for the license sought in this state.
378 (3) The state board may refuse to issue a license to an applicant under this section if:
379 (a) the state board determines that there is reasonable cause to believe that the applicant
380 is not qualified to receive the license in this state; or
381 (b) the applicant has a previous or pending disciplinary action related to the applicant's
382 certificate.
383 (4) Before the state board issues a license to an applicant under this section, the
384 applicant shall:
385 (a) pay a fee determined by the state board under Section 63J-1-504; and
386 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
387 standing in the profession for which licensure is sought in this state.
388 (5) The state board may make rules in accordance with Title 63G, Chapter 3, Utah
389 Administrative Rulemaking Act, prescribing the administration and requirements of this
390 section.
391 (6) This section is subject to and may be supplemented or altered by licensure
392 endorsement provisions or multistate licensure compacts in specific chapters of this chapter.
393 Section 9. Section 58-1-301.5 is amended to read:
394 58-1-301.5. Division access to Bureau of Criminal Identification records.
395 (1) The division shall have direct access to local files maintained by the Bureau of
396 Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
397 for background screening of individuals who are applying for licensure, licensure renewal,
398 licensure reinstatement, or relicensure, as required in:
399 (a) Section 58-17b-307;
400 (b) Sections 58-24b-302 and 58-24b-302.1;
401 (c) Section 58-31b-302;
402 (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
403 Practice Act;
404 (e) Section 58-44a-302.1;
405 (f) Section 58-47b-302;
406 (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
407 company agents;
408 (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
409 Health Professional Practice Act;
410 (i) Sections 58-61-304 and 58-61-304.1;
411 (j) Section 58-63-302;
412 (k) Section 58-64-302;
413 (l) Sections 58-67-302 and 58-67-302.1; [
414 (m) Sections 58-68-302 and 58-68-302.1[
415 (n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant
416 Act.
417 (2) The division's access to criminal background information under this section:
418 (a) shall meet the requirements of Section 53-10-108; and
419 (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
420 held in abeyance, dismissed charges, and charges without a known disposition.
421 (3) The division may not disseminate outside of the division any criminal history
422 record information that the division obtains from the Bureau of Criminal Identification or the
423 Federal Bureau of Investigation under the criminal background check requirements of this
424 section.
425 Section 10. Section 58-1-302 is amended to read:
426 58-1-302. License by endorsement.
427 (1) As used in this section, "license" means an authorization that permits the holder to
428 engage in the practice of a profession regulated under this title.
429 (2) Subject to Subsections [
430 license to [
431 of the United States if:
432 (a) the division determines that the license issued in the other state, district, or territory
433 encompasses a similar scope of practice as the license sought in this state;
434 (b) [
435 year of experience practicing under the license issued in the other state, district, or territory [
436
437 [
438 or territory [
439 [
440
441 [
442 issue a license to [
443 (a) has been licensed in [
444 a jurisdiction outside of the United States, if:
445 (i) (A) the division determines that the applicant's education, experience, and skills
446 demonstrate competency in the profession for which the licensure is sought in this state; and
447 (B) [
448 practicing under the license issued in the other state, district, territory, or jurisdiction [
449
450 [
451
452
453 (ii) the division determines that the licensure requirements of the other state, district,
454 territory, or jurisdiction at the time the license was issued were substantially similar to the
455 current [
456 (b) has never been licensed in a state, district, or territory of the United States, or in a
457 jurisdiction outside of the United States, if:
458 (i) the [
459 district, or territory of the United States, or a jurisdiction outside of the United States; and
460 (ii) the division determines that the education or experience was substantially similar to
461 the current education or experience requirements for [
462 [
463
464
465 (4) The division may refuse to issue a license to [
466 applicant under this section if:
467 (a) the division determines that there is reasonable cause to believe that the [
468 applicant is not qualified to receive [
469 (b) the [
470 [
471 (5) Before [
472 this section, the [
473 (a) pay a fee determined by the department under Section 63J-1-504; and
474 (b) produce satisfactory evidence of the [
475 and good standing in the [
476 (6) The division, in consultation with the applicable licensing board, may make rules in
477 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
478 administration and requirements of this section.
479 [
480 section are subject to and may be supplemented or altered by licensure endorsement provisions
481 or multistate licensure compacts in specific chapters of this title.
482 [
483
484
485
486 Section 11. Section 58-70a-301.1 is enacted to read:
487 58-70a-301.1. Criminal background check.
488 (1) An applicant for licensure under this chapter who requires a criminal background
489 check shall:
490 (a) submit fingerprint cards in a form acceptable to the division at the time the license
491 application is filed; and
492 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
493 Identification and the Federal Bureau of Investigation regarding the application.
494 (2) The division shall:
495 (a) in addition to other fees authorized by this chapter, collect from each applicant
496 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
497 Identification is authorized to collect for the services provided under Section 53-10-108 and the
498 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
499 obtaining federal criminal history record information;
500 (b) submit from each applicant the fingerprint card and the fees described in
501 Subsection (2)(a) to the Bureau of Criminal Identification; and
502 (c) obtain and retain in division records a signed waiver approved by the Bureau of
503 Criminal Identification in accordance with Section 53-10-108 for each applicant.
504 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
505 Section 53-10-108:
506 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
507 and regional criminal records databases;
508 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
509 criminal history background check; and
510 (c) provide the results from the state, regional, and nationwide criminal history
511 background checks to the division.
512 (4) For purposes of conducting a criminal background check required under this
513 section, the division shall have direct access to criminal background information maintained
514 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
515 (5) The division may not:
516 (a) disseminate outside of the division any criminal history record information that the
517 division obtains from the Bureau of Criminal Identification or the Federal Bureau of
518 Investigation under the criminal background check requirements of this section; or
519 (b) issue a letter of qualification to participate in the PA Licensure Compact under
520 Chapter 70c, PA Licensure Compact, until the criminal background check described in this
521 section is completed.
522 Section 12. Section 58-70a-302 is amended to read:
523 58-70a-302. Qualifications for licensure.
524 Each applicant for licensure as a physician assistant shall:
525 (1) submit an application in a form prescribed by the division;
526 (2) pay a fee determined by the department under Section 63J-1-504;
527 (3) have successfully completed a physician assistant program accredited by:
528 (a) the Accreditation Review Commission on Education for the Physician Assistant; or
529 (b) if prior to January 1, 2001, either the:
530 (i) Committee on Accreditation of Allied Health Education Programs; or
531 (ii) Committee on Allied Health Education and Accreditation;
532 (4) have passed the licensing examinations required by division rule made in
533 collaboration with the board; [
534 (5) meet with the board and representatives of the division, if requested, for the
535 purpose of evaluating the applicant's qualifications for licensure[
536 (6) if the applicant is applying to participate in the PA Licensure Compact under
537 Chapter 70c, PA Licensure Compact, consent to a criminal background check in accordance
538 with Section 58-70a-301.1 and any requirements established by division rule made in
539 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
540 Section 13. Section 58-70c-101 is enacted to read:
541
542
543 58-70c-101. Section 1 -- Purpose.
544 In order to strengthen access to Medical Services, and in recognition of the advances in
545 the delivery of Medical Services, the Participating States of the PA Licensure Compact have
546 allied in common purpose to develop a comprehensive process that complements the existing
547 authority of State Licensing Boards to license and discipline PAs and seeks to enhance the
548 portability of a License to practice as a PA while safeguarding the safety of patients. This
549 Compact allows Medical Services to be provided by PAs, via the mutual recognition of the
550 Licensees Qualifying License by other Compact Participating States. This Compact also adopts
551 the prevailing standard for PA licensure and affirms that the practice and delivery of Medical
552 Services by the PA occurs where the patient is located at the time of the patient encounter, and
553 therefore requires the PA to be under the jurisdiction of the State Licensing Board where the
554 patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction
555 to impose Adverse Action against a Compact Privilege in that State issued to a PA through the
556 procedures of this Compact. The PA Licensure Compact will alleviate burdens for military
557 families by allowing active duty military personnel and their spouses to obtain a Compact
558 Privilege based on having an unrestricted License in good standing from a Participating State.
559 Section 14. Section 58-70c-102 is enacted to read:
560 58-70c-102. Section 1 -- Definitions.
561 In this Compact:
562 A. "Adverse Action" means any administrative, civil, equitable, or criminal action
563 permitted by a State's laws which is imposed by a Licensing Board or other authority against a
564 PA License or License application or Compact Privilege such as License denial, censure,
565 revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's
566 practice.
567 B. "Compact Privilege" means the authorization granted by a Remote State to allow a
568 Licensee from another Participating State to practice as a PA to provide Medical Services and
569 other licensed activity to a patient located in the Remote State under the Remote State's laws
570 and regulations.
571 C. "Conviction" means a finding by a court that an individual is guilty of a felony or
572 misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge
573 by the offender.
574 D. "Criminal Background Check" means the submission of fingerprints or other
575 biometric-based information for a License applicant for the purpose of obtaining that
576 applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the
577 State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
578 E. "Data System" means the repository of information about Licensees, including but
579 not limited to License status and Adverse Actions, which is created and administered under the
580 terms of this Compact.
581 F. "Executive Committee" means a group of directors and ex-officio individuals elected
582 or appointed pursuant to Section 7.F.2.
583 G. "Impaired Practitioner" means a PA whose practice is adversely affected by
584 health-related condition(s) that impact their ability to practice.
585 H. "Investigative Information" means information, records, or documents received or
586 generated by a Licensing Board pursuant to an investigation.
587 I. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
588 the laws and Rules governing the practice of a PA in a State.
589 J. "License" means current authorization by a State, other than authorization pursuant to
590 a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without
591 current authorization.
592 K. "Licensee" means an individual who holds a License from a State to provide
593 Medical Services as a PA.
594 L. "Licensing Board" means any State entity authorized to license and otherwise
595 regulate PAs.
596 M. "Medical Services" means health care services provided for the diagnosis,
597 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a
598 State's laws and regulations.
599 N. "Model Compact" means the model for the PA Licensure Compact on file with The
600 Council of State Governments or other entity as designated by the Commission.
601 O. "Participating State" means a State that has enacted this Compact.
602 P. "PA" means an individual who is licensed as a physician assistant in a State. For
603 purposes of this Compact, any other title or status adopted by a State to replace the term
604 "physician assistant" shall be deemed synonymous with "physician assistant" and shall confer
605 the same rights and responsibilities to the Licensee under the provisions of this Compact at the
606 time of its enactment.
607 Q. "PA Licensure Compact Commission," "Compact Commission," or "Commission"
608 mean the national administrative body created pursuant to Section 7.A of this Compact.
609 R. "Qualifying License" means an unrestricted License issued by a Participating State to
610 provide Medical Services as a PA.
611 S. "Remote State" means a Participating State where a Licensee who is not licensed as a
612 PA is exercising or seeking to exercise the Compact Privilege.
613 T. "Rule" means a regulation promulgated by an entity that has the force and effect of
614 law.
615 U. "Significant Investigative Information" means Investigative Information that a
616 Licensing Board, after an inquiry or investigation that includes notification and an opportunity
617 for the PA to respond if required by State law, has reason to believe is not groundless and, if
618 proven true, would indicate more than a minor infraction.
619 V. "State" means any state, commonwealth, district, or territory of the United States.
620 Section 15. Section 58-70c-103 is enacted to read:
621 58-70c-103. Section 3 -- State Participation in this Compact.
622 A. To participate in this Compact, a Participating State shall:
623 1. License PAs.
624 2. Participate in the Compact Commission's Data System.
625 3. Have a mechanism in place for receiving and investigating complaints against
626 Licensees and License applicants.
627 4. Notify the Commission, in compliance with the terms of this Compact and
628 Commission Rules, of any Adverse Action against a Licensee or License applicant and the
629 existence of Significant Investigative Information regarding a Licensee or License applicant.
630 5. Fully implement a Criminal Background Check requirement, within a time frame
631 established by Commission Rule, by its Licensing Board receiving the results of a Criminal
632 Background Check and reporting to the Commission whether the License applicant has been
633 granted a License.
634 6. Comply with the Rules of the Compact Commission.
635 7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a
636 requirement for PA licensure.
637 8. Grant the Compact Privilege to a holder of a Qualifying License in a Participating
638 State.
639 B. Nothing in this Compact prohibits a Participating State from charging a fee for
640 granting the Compact Privilege.
641 Section 16. Section 58-70c-104 is enacted to read:
642 58-70c-104. Section 4 -- Compact Privilege.
643 A. To exercise the Compact Privilege, a Licensee must:
644 1. Have graduated from a PA program accredited by the Accreditation Review
645 Commission on Education for the Physician Assistant, Inc. or other programs authorized by
646 Commission Rule.
647 2. Hold current NCCPA certification.
648 3. Have no felony or misdemeanor Conviction.
649 4. Have never had a controlled substance license, permit, or registration suspended or
650 revoked by a State or by the United States Drug Enforcement Administration.
651 5. Have a unique identifier as determined by Commission Rule.
652 6. Hold a Qualifying License.
653 7. Have had no revocation of a License or limitation or restriction on any License
654 currently held due to an adverse action.
655 8. If a Licensee has had a limitation or restriction on a License or Compact Privilege
656 due to an Adverse Action, two years must have elapsed from the date on which the License or
657 Compact Privilege is no longer limited or restricted due to the Adverse Action.
658 9. If a Compact Privilege has been revoked or is limited or restricted in a Participating
659 State for conduct that would not be a basis for disciplinary action in a Participating State in
660 which the Licensee is practicing or applying to practice under a Compact Privilege, that
661 Participating State shall have the discretion not to consider such action as an Adverse Action
662 requiring the denial or removal of a Compact Privilege in that State.
663 10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege
664 in a Remote State.
665 11. Meet any Jurisprudence Requirement of a Remote State in which the Licensee is
666 seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the
667 Jurisprudence Requirement.
668 12. Report to the Commission any Adverse Action taken by a non-participating State
669 within thirty (30) days after the action is taken.
670 B. The Compact Privilege is valid until the expiration or revocation of the Qualifying
671 License unless terminated pursuant to an Adverse Action. The Licensee must also comply with
672 all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote
673 State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee
674 shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact
675 Privilege until all of the following occur:
676 1. The License is no longer limited or restricted; and
677 2. Two (2) years have elapsed from the date on which the License is no longer limited
678 or restricted due to the Adverse Action.
679 C. Once a restricted or limited License satisfies the requirements of Subsection B.1 and
680 2, the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in
681 any Remote State.
682 D. For each Remote State in which a PA seeks authority to prescribe controlled
683 substances, the PA shall satisfy all requirements imposed by such State in granting or renewing
684 such authority.
685 Section 17. Section 58-70c-105 is enacted to read:
686 58-70c-105. Section 5 -- Designation of the State from Which Licensee is Applying
687 for a Compact Privilege.
688 A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to
689 the Commission the Participating State from which the Licensee is applying, in accordance
690 with applicable Rules adopted by the Commission, and subject to the following requirements:
691 1. When applying for a Compact Privilege, the Licensee shall provide the Commission
692 with the address of the Licensee's primary residence and thereafter shall immediately report to
693 the Commission any change in the address of the Licensee's primary residence.
694 2. When applying for a Compact Privilege, the Licensee is required to consent to accept
695 service of process by mail at the Licensee's primary residence on file with the Commission
696 with respect to any action brought against the Licensee by the Commission or a Participating
697 State, including a subpoena, with respect to any action brought or investigation conducted by
698 the Commission or a Participating State.
699 Section 18. Section 58-70c-106 is enacted to read:
700 58-70c-106. Section 6 -- Adverse Actions.
701 A. A Participating State in which a Licensee is licensed shall have exclusive power to
702 impose Adverse Action against the Qualifying License issued by that Participating State.
703 B. In addition to the other powers conferred by State law, a Remote State shall have the
704 authority, in accordance with existing State due process law, to do all of the following:
705 1. Take Adverse Action against a PA's Compact Privilege within that State to remove a
706 Licensee's Compact Privilege or take other action necessary under applicable law to protect the
707 health and safety of its citizens.
708 2. Issue subpoenas for both hearings and investigations that require the attendance and
709 testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
710 Board in a Participating State for the attendance and testimony of witnesses or the production
711 of evidence from another Participating State shall be enforced in the latter State by any court of
712 competent jurisdiction, according to the practice and procedure of that court applicable to
713 subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
714 fees, travel expenses, mileage and other fees required by the service statutes of the State in
715 which the witnesses or evidence are located.
716 3. Notwithstanding paragraph 1, subpoenas may not be issued by a Participating State
717 to gather evidence of conduct in another State that is lawful in that other State for the purpose
718 of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact
719 Privilege in that Participating State.
720 4. Nothing in this Compact authorizes a Participating State to impose discipline against
721 a PA's Compact Privilege or to deny an application for a Compact Privilege in that
722 Participating State for the individual's otherwise lawful practice in another State.
723 C. For purposes of taking Adverse Action, the Participating State which issued the
724 Qualifying License shall give the same priority and effect to reported conduct received from
725 any other Participating State as it would if the conduct had occurred within the Participating
726 State which issued the Qualifying License. In so doing, that Participating State shall apply its
727 own State laws to determine appropriate action.
728 D. A Participating State, if otherwise permitted by State law, may recover from the
729 affected PA the costs of investigations and disposition of cases resulting from any Adverse
730 Action taken against that PA.
731 E. A Participating State may take Adverse Action based on the factual findings of a
732 Remote State, provided that the Participating State follows its own procedures for taking the
733 Adverse Action.
734 F. Joint Investigations.
735 1. In addition to the authority granted to a Participating State by its respective State PA
736 laws and regulations or other applicable State law, any Participating State may participate with
737 other Participating States in joint investigations of Licensees.
738 2. Participating States shall share any investigative, litigation, or compliance materials
739 in furtherance of any joint or individual investigation initiated under this Compact.
740 G. If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact
741 Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all
742 restrictions have been removed from the State License. All disciplinary orders by the
743 Participating State which issued the Qualifying License that impose Adverse Action against a
744 PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all
745 Participating States during the pendency of the order.
746 H. If any Participating State takes Adverse Action, it promptly shall notify the
747 administrator of the Data System.
748 Section 19. Section 58-70c-107 is enacted to read:
749 58-70c-107. Section 7 -- Establishment of the PA Licensure Compact
750 Commission.
751 A. The Participating States hereby create and establish a joint government agency and
752 national administrative body known as the PA Licensure Compact Commission. The
753 Commission is an instrumentality of the Compact States acting jointly and not an
754 instrumentality of any one State. The Commission shall come into existence on or after the
755 effective date of the Compact as set forth in Section 11.A.
756 B. Membership, Voting, and Meetings
757 1. Each Participating State shall have and be limited to one (1) delegate selected by that
758 Participating State's Licensing Board or, if the State has more than one Licensing Board,
759 selected collectively by the Participating State's Licensing Boards.
760 2. The delegate shall be either:
761 a. A current PA, physician or public member of a Licensing Board or PA
762 Council/Committee; or
763 b. An administrator of a Licensing Board.
764 3. Any delegate may be removed or suspended from office as provided by the laws of
765 the State from which the delegate is appointed.
766 4. The Participating State Licensing Board shall fill any vacancy occurring in the
767 Commission within sixty (60) days.
768 5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
769 Commission and shall otherwise have an opportunity to participate in the business and affairs
770 of the Commission. A delegate shall vote in person or by such other means as provided in the
771 bylaws. The bylaws may provide for delegates' participation in meetings by
772 telecommunications, video conference, or other means of communication.
773 6. The Commission shall meet at least once during each calendar year. Additional
774 meetings shall be held as set forth in this Compact and the bylaws.
775 7. The Commission shall establish by Rule a term of office for delegates.
776 C. The Commission shall have the following powers and duties:
777 1. Establish a code of ethics for the Commission;
778 2. Establish the fiscal year of the Commission;
779 3. Establish fees;
780 4. Establish bylaws;
781 5. Maintain its financial records in accordance with the bylaws;
782 6. Meet and take such actions as are consistent with the provisions of this Compact and
783 the bylaws;
784 7. Promulgate Rules to facilitate and coordinate implementation and administration of
785 this Compact. The Rules shall have the force and effect of law and shall be binding in all
786 Participating States;
787 8. Bring and prosecute legal proceedings or actions in the name of the Commission,
788 provided that the standing of any State Licensing Board to sue or be sued under applicable law
789 shall not be affected;
790 9. Purchase and maintain insurance and bonds;
791 10. Borrow, accept, or contract for services of personnel, including, but not limited to,
792 employees of a Participating State;
793 11. Hire employees and engage contractors, elect or appoint officers, fix compensation,
794 define duties, grant such individuals appropriate authority to carry out the purposes of this
795 Compact, and establish the Commission's personnel policies and programs relating to conflicts
796 of interest, qualifications of personnel, and other related personnel matters;
797 12. Accept any and all appropriate donations and grants of money, equipment, supplies,
798 materials and services, and receive, utilize and dispose of the same, provided that at all times
799 the Commission shall avoid any appearance of impropriety or conflict of interest;
800 13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
801 improve or use, any property, real, personal or mixed, provided that at all times the
802 Commission shall avoid any appearance of impropriety;
803 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
804 any property real, personal, or mixed;
805 15. Establish a budget and make expenditures;
806 16. Borrow money;
807 17. Appoint committees, including standing committees composed of members, State
808 regulators, State legislators or their representatives, and consumer representatives, and such
809 other interested persons as may be designated in this Compact and the bylaws;
810 18. Provide and receive information from, and cooperate with, law enforcement
811 agencies;
812 19. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the
813 Commission as provided in the Commission's bylaws;
814 20. Reserve for itself, in addition to those reserved exclusively to the Commission
815 under the Compact, powers that the Executive Committee may not exercise;
816 21. Approve or disapprove a State's participation in the Compact based upon its
817 determination as to whether the State's Compact legislation departs in a material manner from
818 the Model Compact language;
819 22. Prepare and provide to the Participating States an annual report; and
820 23. Perform such other functions as may be necessary or appropriate to achieve the
821 purposes of this Compact consistent with the State regulation of PA licensure and practice.
822 D. Meetings of the Commission
823 1. All meetings of the Commission that are not closed pursuant to this subsection shall
824 be open to the public. Notice of public meetings shall be posted on the Commission's website
825 at least thirty (30) days prior to the public meeting.
826 2. Notwithstanding subsection D.1 of this section, the Commission may convene a
827 public meeting by providing at least twenty-four (24) hours prior notice on the Commission's
828 website, and any other means as provided in the Commission's Rules, for any of the reasons it
829 may dispense with notice of proposed rulemaking under Section 9.L.
830 3. The Commission may convene in a closed, non-public meeting or non-public part of
831 a public meeting to receive legal advice or to discuss.
832 a. Non-compliance of a Participating State with its obligations under this Compact;
833 b. The employment, compensation, discipline or other matters, practices or procedures
834 related to specific employees or other matters related to the Commission's internal personnel
835 practices and procedures;
836 c. Current, threatened, or reasonably anticipated litigation;
837 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
838 estate;
839 e. Accusing any person of a crime or formally censuring any person;
840 f. Disclosure of trade secrets or commercial or financial information that is privileged
841 or confidential;
842 g. Disclosure of information of a personal nature where disclosure would constitute a
843 clearly unwarranted invasion of personal privacy;
844 h. Disclosure of investigative records compiled for law enforcement purposes;
845 i. Disclosure of information related to any investigative reports prepared by or on behalf
846 of or for use of the Commission or other committee charged with responsibility of investigation
847 or determination of compliance issues pursuant to this Compact;
848 j. Legal advice; or
849 k. Matters specifically exempted from disclosure by federal or Participating States'
850 statutes.
851 4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of
852 the meeting or the chair's designee shall certify that the meeting or portion of the meeting may
853 be closed and shall reference each relevant exempting provision.
854 5. The Commission shall keep minutes that fully and clearly describe all matters
855 discussed in a meeting and shall provide a full and accurate summary of actions taken,
856 including a description of the views expressed. All documents considered in connection with
857 an action shall be identified in such minutes. All minutes and documents of a closed meeting
858 shall remain under seal, subject to release by a majority vote of the Commission or order of a
859 court of competent jurisdiction.
860 E. Financing of the Commission
861 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
862 its establishment, organization, and ongoing activities.
863 2. The Commission may accept any and all appropriate revenue sources, donations, and
864 grants of money, equipment, supplies, materials, and services.
865 3. The Commission may levy on and collect an annual assessment from each
866 Participating State and may impose Compact Privilege fees on Licensees of Participating States
867 to whom a Compact Privilege is granted to cover the cost of the operations and activities of the
868 Commission and its staff, which must be in a total amount sufficient to cover its annual budget
869 as approved by the Commission each year for which revenue is not provided by other sources.
870 The aggregate annual assessment amount levied on Participating States shall be allocated based
871 upon a formula to be determined by Commission Rule.
872 a. A Compact Privilege expires when the Licensee's Qualifying License in the
873 Participating State from which the Licensee applied for the Compact Privilege expires.
874 b. If the Licensee terminates the Qualifying License through which the Licensee applied
875 for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying
876 License in another Participating State, the Licensee shall inform the Commission that it is
877 changing to that Participating State the Participating State through which it applies for a
878 Compact Privilege and pay to the Commission any Compact Privilege fee required by
879 Commission Rule.
880 4. The Commission shall not incur obligations of any kind prior to securing the funds
881 adequate to meet the same; nor shall the Commission pledge the credit of any of the
882 Participating States, except by and with the authority of the Participating State.
883 5. The Commission shall keep accurate accounts of all receipts and disbursements. The
884 receipts and disbursements of the Commission shall be subject to the financial review and
885 accounting procedures established under its bylaws. All receipts and disbursements of funds
886 handled by the Commission shall be subject to an annual financial review by a certified or
887 licensed public accountant, and the report of the financial review shall be included in and
888 become part of the annual report of the Commission.
889 F. The Executive Committee
890 1. The Executive Committee shall have the power to act on behalf of the Commission
891 according to the terms of this Compact and Commission Rules.
892 2. The Executive Committee shall be composed of nine (9) members:
893 a. Seven voting members who are elected by the Commission from the current
894 membership of the Commission;
895 b. One ex-officio, nonvoting member from a recognized national PA professional
896 association; and
897 c. One ex-officio, nonvoting member from a recognized national PA certification
898 organization.
899 3. The ex-officio members will be selected by their respective organizations.
900 4. The Commission may remove any member of the Executive Committee as provided
901 in its bylaws.
902 5. The Executive Committee shall meet at least annually.
903 6. The Executive Committee shall have the following duties and responsibilities:
904 a. Recommend to the Commission changes to the Commission's Rules or bylaws,
905 changes to this Compact legislation, fees to be paid by Compact Participating States such as
906 annual dues, and any Commission Compact fee charged to Licensees for the Compact
907 Privilege;
908 b. Ensure Compact administration services are appropriately provided, contractual or
909 otherwise;
910 c. Prepare and recommend the budget;
911 d. Maintain financial records on behalf of the Commission;
912 e. Monitor Compact compliance of Participating States and provide compliance reports
913 to the Commission;
914 f. Establish additional committees as necessary;
915 g. Exercise the powers and duties of the Commission during the interim between
916 Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules
917 or bylaws, or exercising any other powers and duties exclusively reserved to the Commission
918 by the Commission's Rules; and
919 h. Perform other duties as provided in the Commission's Rules or bylaws.
920 7. All meetings of the Executive Committee at which it votes or plans to vote on
921 matters in exercising the powers and duties of the Commission shall be open to the public and
922 public notice of such meetings shall be given as public meetings of the Commission are given.
923 8. The Executive Committee may convene in a closed, non-public meeting for the same
924 reasons that the Commission may convene in a non-public meeting as set forth in Section 7.D.3
925 and shall announce the closed meeting as the Commission is required to under Section 7.D.4
926 and keep minutes of the closed meeting as the Commission is required to under Section 7.D.5.
927 G. Qualified Immunity, Defense, and Indemnification
928 1. The members, officers, executive director, employees and representatives of the
929 Commission shall be immune from suit and liability, both personally and in their official
930 capacity, for any claim for damage to or loss of property or personal injury or other civil
931 liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
932 or that the person against whom the claim is made had a reasonable basis for believing
933 occurred within the scope of Commission employment, duties or responsibilities; provided that
934 nothing in this paragraph shall be construed to protect any such person from suit or liability for
935 any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct
936 of that person. The procurement of insurance of any type by the Commission shall not in any
937 way compromise or limit the immunity granted hereunder.
938 2. The Commission shall defend any member, officer, executive director, employee,
939 and representative of the Commission in any civil action seeking to impose liability arising out
940 of any actual or alleged act, error, or omission that occurred within the scope of Commission
941 employment, duties, or responsibilities, or as determined by the commission that the person
942 against whom the claim is made had a reasonable basis for believing occurred within the scope
943 of Commission employment, duties, or responsibilities, provided that nothing herein shall be
944 construed to prohibit that person from retaining their own counsel at their own expense, and
945 provided further, that the actual or alleged act, error, or omission did not result from that
946 person's intentional or willful or wanton misconduct.
947 3. The Commission shall indemnify and hold harmless any member, officer, executive
948 director, employee, and representative of the Commission for the amount of any settlement or
949 judgment obtained against that person arising out of any actual or alleged act, error, or
950 omission that occurred within the scope of Commission employment, duties, or
951 responsibilities, or that such person had a reasonable basis for believing occurred within the
952 scope of Commission employment, duties, or responsibilities, provided that the actual or
953 alleged act, error, or omission did not result from the intentional or willful or wanton
954 misconduct of that person.
955 4. Venue is proper and judicial proceedings by or against the Commission shall be
956 brought solely and exclusively in a court of competent jurisdiction where the principal office of
957 the Commission is located. The Commission may waive venue and jurisdictional defenses in
958 any proceedings as authorized by Commission Rules.
959 5. Nothing herein shall be construed as a limitation on the liability of any Licensee for
960 professional malpractice or misconduct, which shall be governed solely by any other applicable
961 State laws.
962 6. Nothing herein shall be construed to designate the venue or jurisdiction to bring
963 actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil
964 action pertaining to the practice of a PA. All such matters shall be determined exclusively by
965 State law other than this Compact.
966 7. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
967 Participating State's state action immunity or state action affirmative defense with respect to
968 antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
969 anticompetitive law or regulation.
970 8. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
971 the Participating States or by the Commission.
972 Section 20. Section 58-70c-108 is enacted to read:
973 58-70c-108. Section 8 -- Data System.
974 A. The Commission shall provide for the development, maintenance, operation, and
975 utilization of a coordinated data and reporting system containing licensure, Adverse Action,
976 and the reporting of the existence of Significant Investigative Information on all licensed PAs
977 and applicants denied a License in Participating States.
978 B. Notwithstanding any other State law to the contrary, a Participating State shall
979 submit a uniform data set to the Data System on all PAs to whom this Compact is applicable
980 (utilizing a unique identifier) as required by the Rules of the Commission, including:
981 1. Identifying information;
982 2. Licensure data;
983 3. Adverse Actions against a License or Compact Privilege;
984 4. Any denial of application for licensure, and the reason(s) for such denial (excluding
985 the reporting of any Criminal history record information where prohibited by law);
986 5. The existence of Significant Investigative Information; and
987 6. Other information that may facilitate the administration of this Compact, as
988 determined by the Rules of the Commission.
989 C. Significant Investigative Information pertaining to a Licensee in any Participating
990 State shall only be available to other Participating States.
991 D. The Commission shall promptly notify all Participating States of any Adverse
992 Action taken against a Licensee or an individual applying for a License that has been reported
993 to it. This Adverse Action information shall be available to any other Participating State.
994 E. Participating States contributing information to the Data System may, in accordance
995 with State or federal law, designate information that may not be shared with the public without
996 the express permission of the contributing State. Notwithstanding any such designation, such
997 information shall be reported to the Commission through the Data System.
998 F. Any information submitted to the Data System that is subsequently expunged
999 pursuant to federal law or the laws of the Participating State contributing the information shall
1000 be removed from the Data System upon reporting of such by the Participating State to the
1001 Commission.
1002 G. The records and information provided to a Participating State pursuant to this
1003 Compact or through the Data System, when certified by the Commission or an agent thereof,
1004 shall constitute the authenticated business records of the Commission, and shall be entitled to
1005 any associated hearsay exception in any relevant judicial, quasi-judicial or administrative
1006 proceedings in a Participating State.
1007 Section 21. Section 58-70c-109 is enacted to read:
1008 58-70c-109. Section 9 -- Rulemaking.
1009 A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
1010 forth in this Section and the Rules adopted thereunder. Commission Rules shall become
1011 binding as of the date specified by the Commission for each Rule.
1012 B. The Commission shall promulgate reasonable Rules in order to effectively and
1013 efficiently implement and administer this Compact and achieve its purposes. A Commission
1014 Rule shall be invalid and have not force or effect only if a court of competent jurisdiction holds
1015 that the Rule is invalid because the Commission exercised its rulemaking authority in a manner
1016 that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or
1017 based upon another applicable standard of review.
1018 C. The Rules of the Commission shall have the force of law in each Participating State,
1019 provided however that where the Rules of the Commission conflict with the laws of the
1020 Participating State that establish the medical services a PA may perform in the Participating
1021 State, as held by a court of competent jurisdiction, the Rules of the Commission shall be
1022 ineffective in that State to the extent of the conflict.
1023 D. If a majority of the legislatures of the Participating States rejects a Commission
1024 Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact
1025 within four (4) years of the date of adoption of the Rule, then such Rule shall have no further
1026 force and effect in any Participating State or to any State applying to participate in the
1027 Compact.
1028 E. Commission Rules shall be adopted at a regular or special meeting of the
1029 Commission.
1030 F. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
1031 at least thirty (30) days in advance of the meeting at which the Rule will be considered and
1032 voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1033 1. On the website of the Commission or other publicly accessible platform; and
1034 2. To persons who have requested notice of the Commission's notices of proposed
1035 rulemaking, and
1036 3. In such other way(s) as the Commission may by Rule specify.
1037 G. The Notice of Proposed Rulemaking shall include:
1038 1. The time, date, and location of the public hearing on the proposed Rule and the
1039 proposed time, date and location of the meeting in which the proposed Rule will be considered
1040 and voted upon;
1041 2. The text of the proposed Rule and the reason for the proposed Rule;
1042 3. A request for comments on the proposed Rule from any interested person and the
1043 date by which written comments must be received; and
1044 4. The manner in which interested persons may submit notice to the Commission of
1045 their intention to attend the public hearing or provide any written comments.
1046 H. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
1047 written data, facts, opinions, and arguments, which shall be made available to the public.
1048 I. If the hearing is to be held via electronic means, the Commission shall publish the
1049 mechanism for access to the electronic hearing.
1050 1. All persons wishing to be heard at the hearing shall as directed in the Notice of
1051 Proposed Rulemaking, not less than five (5) business days before the scheduled date of the
1052 hearing, notify the Commission of their desire to appear and testify at the hearing.
1053 2. Hearings shall be conducted in a manner providing each person who wishes to
1054 comment a fair and reasonable opportunity to comment orally or in writing.
1055 3. All hearings shall be recorded. A copy of the recording and the written comments,
1056 data, facts, opinions, and arguments received in response to the proposed rulemaking shall be
1057 made available to a person upon request.
1058 4. Nothing in this section shall be construed as requiring a separate hearing on each
1059 proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at
1060 hearings required by this section.
1061 J. Following the public hearing the Commission shall consider all written and oral
1062 comments timely received.
1063 K. The Commission shall, by majority vote of all delegates, take final action on the
1064 proposed Rule and shall determine the effective date of the Rule, if adopted, based on the
1065 Rulemaking record and the full text of the Rule.
1066 1. If adopted, the Rule shall be posted on the Commission's website.
1067 2. The Commission may adopt changes to the proposed Rule provided the changes do
1068 not enlarge the original purpose of the proposed Rule.
1069 3. The Commission shall provide on its website an explanation of the reasons for
1070 substantive changes made to the proposed Rule as well as reasons for substantive changes not
1071 made that were recommended by commenters.
1072 4. The Commission shall determine a reasonable effective date for the Rule. Except for
1073 an emergency as provided in subsection L, the effective date of the Rule shall be no sooner
1074 than thirty (30) days after the Commission issued the notice that adopted the Rule.
1075 L. Upon determination that an emergency exists, the Commission may consider and
1076 adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for
1077 comment, or hearing, provided that the usual rulemaking procedures provided in this Compact
1078 and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in
1079 no event later than ninety (90) days after the effective date of the Rule. For the purposes of this
1080 provision, an emergency Rule is one that must be adopted immediately by the Commission in
1081 order to:
1082 1. Meet an imminent threat to public health, safety, or welfare;
1083 2. Prevent a loss of Commission or Participating State funds;
1084 3. Meet a deadline for the promulgation of a Commission Rule that is established by
1085 federal law or Rule; or
1086 4. Protect public health and safety.
1087 M. The Commission or an authorized committee of the Commission may direct
1088 revisions to a previously adopted Commission Rule for purposes of correcting typographical
1089 errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
1090 revisions shall be posted on the website of the Commission. The revision shall be subject to
1091 challenge by any person for a period of thirty (30) days after posting. The revision may be
1092 challenged only on grounds that the revision results in a material change to a Rule. A challenge
1093 shall be made as set forth in the notice of revisions and delivered to the Commission prior to
1094 the end of the notice period. If no challenge is made, the revision will take effect without
1095 further action. If the revision is challenged, the revision may not take effect without the
1096 approval of the Commission.
1097 N. No Participating State's rulemaking requirements shall apply under this Compact.
1098 Section 22. Section 58-70c-110 is enacted to read:
1099 58-70c-110. Section 10 -- Oversight, Dispute Resolution, and Enforcement.
1100 A. Oversight
1101 1. The executive and judicial branches of State government in each Participating State
1102 shall enforce this Compact and take all actions necessary and appropriate to implement the
1103 Compact.
1104 2. Venue is proper and judicial proceedings by or against the Commission shall be
1105 brought solely and exclusively in a court of competent jurisdiction where the principal office of
1106 the Commission is located. The Commission may waive venue and jurisdictional defenses to
1107 the extent it adopts or consents to participate in alternative dispute resolution proceedings.
1108 Nothing herein shall affect or limit the selection or propriety of venue in any action against a
1109 licensee for professional malpractice, misconduct or any such similar matter.
1110 3. The Commission shall be entitled to receive service of process in any proceeding
1111 regarding the enforcement or interpretation of the Compact or the Commission's Rules and
1112 shall have standing to intervene in such a proceeding for all purposes. Failure to provide the
1113 Commission with service of process shall render a judgment or order in such proceeding void
1114 as to the Commission, this Compact, or Commission Rules.
1115 B. Default, Technical Assistance, and Termination
1116 1. If the Commission determines that a Participating State has defaulted in the
1117 performance of its obligations or responsibilities under this Compact or the Commission Rules,
1118 the Commission shall provide written notice to the defaulting State and other Participating
1119 States. The notice shall describe the default, the proposed means of curing the default and any
1120 other action that the Commission may take and shall offer remedial training and specific
1121 technical assistance regarding the default.
1122 2. If a State in default fails to cure the default, the defaulting State may be terminated
1123 from this Compact upon an affirmative vote of a majority of the delegates of the Participating
1124 States, and all rights, privileges and benefits conferred by this Compact upon such State may be
1125 terminated on the effective date of termination. A cure of the default does not relieve the
1126 offending State of obligations or liabilities incurred during the period of default.
1127 3. Termination of participation in this Compact shall be imposed only after all other
1128 means of securing compliance have been exhausted. Notice of intent to suspend or terminate
1129 shall be given by the Commission to the governor, the majority and minority leaders of the
1130 defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States.
1131 4. A State that has been terminated is responsible for all assessments, obligations, and
1132 liabilities incurred through the effective date of termination, including obligations that extend
1133 beyond the effective date of termination.
1134 5. The Commission shall not bear any costs related to a State that is found to be in
1135 default or that has been terminated from this Compact, unless agreed upon in writing between
1136 the Commission and the defaulting State.
1137 6. The defaulting State may appeal its termination from the Compact by the
1138 Commission by petitioning the U.S. District Court for the District of Columbia or the federal
1139 district where the Commission has its principal offices. The prevailing member shall be
1140 awarded all costs of such litigation, including reasonable attorney's fees.
1141 7. Upon the termination of a State's participation in the Compact, the State shall
1142 immediately provide notice to all Licensees within that State of such termination:
1143 a. Licensees who have been granted a Compact Privilege in that State shall retain the
1144 Compact Privilege for one hundred eighty (180) days following the effective date of such
1145 termination.
1146 b. Licensees who are licensed in that State who have been granted a Compact Privilege
1147 in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days
1148 unless the Licensee also has a Qualifying License in a Participating State or obtains a
1149 Qualifying License in a Participating State before the one hundred eighty (180)-day period
1150 ends, in which case the Compact Privilege shall continue.
1151 C. Dispute Resolution
1152 1. Upon request by a Participating State, the Commission shall attempt to resolve
1153 disputes related to this Compact that arise among Participating States and between participating
1154 and non-Participating States.
1155 2. The Commission shall promulgate a Rule providing for both mediation and binding
1156 dispute resolution for disputes as appropriate.
1157 D. Enforcement.
1158 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
1159 provisions of this Compact and Rules of the Commission.
1160 2. If compliance is not secured after all means to secure compliance have been
1161 exhausted, by majority vote, the Commission may initiate legal action in the United States
1162 District Court for the District of Columbia or the federal district where the Commission has its
1163 principal offices, against a Participating State in default to enforce compliance with the
1164 provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief
1165 sought may include both injunctive relief and damages. In the event judicial enforcement is
1166 necessary, the prevailing party shall be awarded all costs of such litigation, including
1167 reasonable attorney's fees.
1168 3. The remedies herein shall not be the exclusive remedies of the Commission. The
1169 Commission may pursue any other remedies available under federal or State law.
1170 E. Legal Action Against the Commission
1171 1. A Participating State may initiate legal action against the Commission in the U.S.
1172 District Court for the District of Columbia or the federal district where the Commission has its
1173 principal offices to enforce compliance with the provisions of the Compact and its Rules. The
1174 relief sought may include both injunctive relief and damages. In the event judicial enforcement
1175 is necessary, the prevailing party shall be awarded all costs of such litigation, including
1176 reasonable attorney's fees.
1177 2. No person other than a Participating State shall enforce this Compact against the
1178 Commission.
1179 Section 23. Section 58-70c-111 is enacted to read:
1180 58-70c-111. Section 11 -- Date of Implementation of the PA Licensure Compact
1181 Commission.
1182 A. This Compact shall come into effect on the date on which this Compact statute is
1183 enacted into law in the seventh Participating State.
1184 1. On or after the effective date of the Compact, the Commission shall convene and
1185 review the enactment of each of the States that enacted the Compact prior to the Commission
1186 convening ("Charter Participating States") to determine if the statute enacted by each such
1187 Charter Participating State is materially different than the Model Compact.
1188 a. A Charter Participating State whose enactment is found to be materially different
1189 from the Model Compact shall be entitled to the default process set forth in Section 10.B.
1190 b. If any Participating State later withdraws from the Compact or its participation is
1191 terminated, the Commission shall remain in existence and the Compact shall remain in effect
1192 even if the number of Participating States should be less than seven. Participating States
1193 enacting the Compact subsequent to the Commission convening shall be subject to the process
1194 set forth in Section 7.C.21 to determine if their enactments are materially different from the
1195 Model Compact and whether they qualify for participation in the Compact.
1196 2. Participating States enacting the Compact subsequent to the seven initial Charter
1197 Participating States shall be subject to the process set forth in Section 7.C.21 to determine if
1198 their enactments are materially different from the Model Compact and whether they qualify for
1199 participation in the Compact.
1200 3. All actions taken for the benefit of the Commission or in furtherance of the purposes
1201 of the administration of the Compact prior to the effective date of the Compact or the
1202 Commission coming into existence shall be considered to be actions of the Commission unless
1203 specifically repudiated by the Commission.
1204 B. Any State that joins this Compact shall be subject to the Commission's Rules and
1205 bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule
1206 that has been previously adopted by the Commission shall have the full force and effect of law
1207 on the day this Compact becomes law in that State.
1208 C. Any Participating State may withdraw from this Compact by enacting a statute
1209 repealing the same.
1210 1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)
1211 days after enactment of the repealing statute. During this one hundred eighty (180) day-period,
1212 all Compact Privileges that were in effect in the withdrawing State and were granted to
1213 Licensees licensed in the withdrawing State shall remain in effect. If any Licensee licensed in
1214 the withdrawing State is also licensed in another Participating State or obtains a license in
1215 another Participating State within the one hundred eighty (180) days, the Licensee's Compact
1216 Privileges in other Participating States shall not be affected by the passage of the one hundred
1217 eighty (180) days.
1218 2. Withdrawal shall not affect the continuing requirement of the State Licensing
1219 Board(s) of the withdrawing State to comply with the investigative, and Adverse Action
1220 reporting requirements of this Compact prior to the effective date of withdrawal.
1221 3. Upon the enactment of a statute withdrawing a State from this Compact, the State
1222 shall immediately provide notice of such withdrawal to all Licensees within that State. Such
1223 withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for
1224 a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
1225 D. Nothing contained in this Compact shall be construed to invalidate or prevent any
1226 PA licensure agreement or other cooperative arrangement between Participating States and
1227 between a Participating State and non-Participating State that does not conflict with the
1228 provisions of this Compact.
1229 E. This Compact may be amended by the Participating States. No amendment to this
1230 Compact shall become effective and binding upon any Participating State until it is enacted
1231 materially in the same manner into the laws of all Participating States as determined by the
1232 Commission.
1233 Section 24. Section 58-70c-112 is enacted to read:
1234 58-70c-112. Section 12 -- Construction and Severability.
1235 A. This Compact and the Commission's rulemaking authority shall be liberally
1236 construed so as to effectuate the purposes, and the implementation and administration of the
1237 Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of
1238 Rules shall not be construed to limit the Commission's rulemaking authority solely for those
1239 purposes.
1240 B. The provisions of this Compact shall be severable and if any phrase, clause, sentence
1241 or provision of this Compact is held by a court of competent jurisdiction to be contrary to the
1242 constitution of any Participating State, a State seeking participation in the Compact, or of the
1243 United States, or the applicability thereof to any government, agency, person or circumstance is
1244 held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
1245 this Compact and the applicability thereof to any other government, agency, person or
1246 circumstance shall not be affected thereby.
1247 C. Notwithstanding subsection B or this section, the Commission may deny a State's
1248 participation in the Compact or, in accordance with the requirements of Section 10.B, terminate
1249 a Participating State's participation in the Compact, if it determines that a constitutional
1250 requirement of a Participating State is, or would be with respect to a State seeking to
1251 participate in the Compact, a material departure from the Compact. Otherwise, if this Compact
1252 shall be held to be contrary to the constitution of any Participating State, the Compact shall
1253 remain in full force and effect as to the remaining Participating States and in full force and
1254 effect as to the Participating State affected as to all severable matters.
1255 Section 25. Section 58-70c-113 is enacted to read:
1256 58-70c-113. Section 13 -- Binding Effect of Compact.
1257 A. Nothing herein prevents the enforcement of any other law of a Participating State
1258 that is not inconsistent with this Compact.
1259 B. Any laws in a Participating State in conflict with this Compact are superseded to the
1260 extent of the conflict.
1261 C. All agreements between the Commission and the Participating States are binding in
1262 accordance with their terms.
1263 Section 26. Section 58-70c-201 is enacted to read:
1264
1265 58-70c-201. Rulemaking authority -- State authority over scope of practice.
1266 (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1267 Administrative Rulemaking Act, to implement this chapter.
1268 (2) Notwithstanding any provision in Sections 58-70c-101 through 58-70c-113,
1269 Sections 58-70c-101 through 58-70c-113 do not supersede state law related to an individual's
1270 scope of practice under this title.
1271 Section 27. Section 72-9-602.5 is enacted to read:
1272 72-9-602.5. Certificate by endorsement.
1273 (1) As used in this section, "license" means an authorization that permits the holder to
1274 engage in the practice of a profession described in Section 72-9-602.
1275 (2) Subject to Subsections (4) through (6), the department shall issue a certificate
1276 described in Section 72-9-602 to an applicant who has been licensed in another state, district,
1277 or territory of the United States if:
1278 (a) the department determines that the license issued by the other state, district, or
1279 territory encompasses a similar scope of practice as the certificate;
1280 (b) the applicant has at least one year of experience practicing under the license issued
1281 in the other state, district, or territory; and
1282 (c) the applicant's license is in good standing in the other state, district, or territory.
1283 (3) Subject to Subsections (4) through (6), the department may issue a certificate
1284 described in Section 72-9-602 to an applicant who:
1285 (a) has been licensed in another state, district, or territory of the United States, or in a
1286 jurisdiction outside of the United States, if:
1287 (i) (A) the department determines that the applicant's education, experience, and skills
1288 demonstrate competency in the occupation for which certification is sought; and
1289 (B) the applicant has at least one year of experience practicing under the license issued
1290 in the other state, district, territory, or jurisdiction; or
1291 (ii) the department determines that the licensure requirements of the other state,
1292 district, territory, or jurisdiction at the time the license was issued were substantially similar to
1293 the requirements for the certificate; or
1294 (b) has never been licensed in a state, district, or territory of the United States, or in a
1295 jurisdiction outside of the United States, if:
1296 (i) the applicant was educated in or obtained relevant experience in a state, district, or
1297 territory of the United States, or a jurisdiction outside of the United States; and
1298 (ii) the department determines that the education or experience was substantially
1299 similar to the education or experience requirements for the certificate.
1300 (4) The department may refuse to issue a certificate to an applicant under this section
1301 if:
1302 (a) the department determines that there is reasonable cause to believe that the
1303 applicant is not qualified to receive the certificate; or
1304 (b) the applicant has a previous or pending disciplinary action related to the applicant's
1305 other license.
1306 (5) Before the department issues a certificate to an applicant under this section, the
1307 applicant shall:
1308 (a) pay a fee determined by the department under Section 63J-1-504; and
1309 (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
1310 standing in the occupation for which certification is sought.
1311 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
1312 Administrative Rulemaking Act, prescribing the administration and requirements of this
1313 section.