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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to professional licensing.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions;
13 ▸ clarifies the purpose of recommendations provided by a professional licensing board
14 to the director of the Division of Professional Licensing (division);
15 ▸ authorizes the director of the division to designate certain professional licensing
16 board members to preside over adjudicative proceedings concerning professional
17 licenses;
18 ▸ creates a process for review of the designated professional licensing board members'
19 recommended order after an adjudicative proceeding;
20 ▸ modifies professional license application requirements regarding proof of identity;
21 ▸ allows the division to designate information regarding proof of identity that is
22 included with a professional license application as a private government record;
23 ▸ clarifies supervision requirements for a physician assistant performing a cosmetic
24 medical procedure;
25 ▸ removes provisions requiring the division to administer a radiology practical
26 technician examination for radiology-related license applicants;
27 ▸ modifies penalties for unlawful conduct by a person licensed to engage in a
28 construction trade;
29 ▸ removes requirements a licensed advanced practice registered nurse is required to
30 meet before prescribing or administering a Schedule II controlled substance;
31 ▸ modifies licensing requirements for certain funeral service establishments and
32 professionals, landscape architects, security personnel, and deception detection
33 examiners;
34 ▸ modifies background check requirements for licensed pharmacies, alarm companies,
35 security car companies, and deception detector examiners;
36 ▸ grants administrative rulemaking authority; and
37 ▸ makes technical changes.
38 Money Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 AMENDS:
44 58-1-108, as last amended by Laws of Utah 2008, Chapter 382
45 58-1-109, as last amended by Laws of Utah 2016, Chapter 238
46 58-1-201, as last amended by Laws of Utah 2013, Chapter 262
47 58-1-202, as last amended by Laws of Utah 2022, Chapter 415
48 58-1-301, as last amended by Laws of Utah 2022, Chapters 413, 415
49 58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438 and 466
50 58-1-501, as last amended by Laws of Utah 2020, Chapters 289, 339
51 58-1-506, as last amended by Laws of Utah 2016, Chapter 75
52 58-9-306, as last amended by Laws of Utah 2007, Chapter 144
53 58-17b-102, as last amended by Laws of Utah 2021, Chapters 127, 340
54 58-17b-306, as last amended by Laws of Utah 2017, Chapter 384
55 58-17b-307, as last amended by Laws of Utah 2018, Chapter 318
56 58-17b-625, as last amended by Laws of Utah 2021, Chapter 340
57 58-31b-102, as last amended by Laws of Utah 2022, Chapter 277
58 58-31b-502, as last amended by Laws of Utah 2022, Chapter 290
59 58-31b-803, as last amended by Laws of Utah 2022, Chapter 274
60 58-53-302, as last amended by Laws of Utah 2009, Chapter 183
61 58-54-302, as last amended by Laws of Utah 2020, Chapter 339
62 58-55-102, as last amended by Laws of Utah 2022, Chapters 415, 446
63 58-55-302, as last amended by Laws of Utah 2022, Chapter 415
64 58-55-303, as last amended by Laws of Utah 2013, Chapter 57
65 58-55-503, as last amended by Laws of Utah 2022, Chapter 415
66 58-63-102, as last amended by Laws of Utah 2022, Chapter 415
67 58-63-302, as last amended by Laws of Utah 2022, Chapter 415
68 58-64-302, as last amended by Laws of Utah 2020, Chapters 154, 339
69 ENACTS:
70 58-55-302.1, Utah Code Annotated 1953
71 58-63-302.1, Utah Code Annotated 1953
72 58-64-302.1, Utah Code Annotated 1953
73
74 Be it enacted by the Legislature of the state of Utah:
75 Section 1. Section 58-1-108 is amended to read:
76 58-1-108. Adjudicative proceedings.
77 (1) The division and all boards created under [
78 members of a board designated under Subsection 58-1-109(3), shall comply with the
79 procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G,
80 Chapter 4, Administrative Procedures Act, in all of their adjudicative proceedings as defined by
81 Subsection 63G-4-103(1).
82 (2) Before proceeding under Section 63G-4-502, the division shall review the proposed
83 action with a committee of no less than three licensees appointed by the chairman of the
84 licensing board created under this title for the profession of the person against whom the action
85 is proposed.
86 (3) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, a warning
87 or final disposition letter which does not constitute disciplinary action against the addressee,
88 issued in response to a complaint of unprofessional or unlawful conduct under this title, does
89 not constitute an adjudicative proceeding.
90 Section 2. Section 58-1-109 is amended to read:
91 58-1-109. Presiding officers -- Content of orders -- Recommended orders -- Final
92 orders -- Appeal of orders.
93 (1) (a) Unless otherwise specified by statute or rule made in accordance with Title 63G,
94 Chapter 3, Utah Administrative Rulemaking Act, the presiding officer for adjudicative
95 proceedings before the division [
96 (b) Under Title 63G, Chapter 4, Administrative Procedures Act, the director may
97 designate in writing an individual or body of individuals to act as presiding officer to conduct
98 or [
99 (2) Unless otherwise specified by the director, an administrative law judge shall be
100 designated as the presiding officer to conduct formal adjudicative proceedings in accordance
101 with Subsection 63G-4-102(4), Sections 63G-4-204 through 63G-4-207, and 63G-4-209.
102 (3) (a) Unless otherwise specified by the director, the licensing board of the
103 [
104 presiding officer to serve as fact finder at the evidentiary hearing in a formal adjudicative
105 proceeding.
106 (b) (i) If the licensing board is composed of seven or more members, the director may
107 designate any odd number of board members to represent the licensing board as the presiding
108 officer under Subsection (3)(a).
109 (ii) Notwithstanding Subsection 58-1-201(3), the vote of the majority of the board
110 members designated under Subsection (3)(b)(i) is sufficient authority for the licensing board to
111 act as the presiding officer.
112 (4) (a) At the close of an evidentiary hearing in an adjudicative proceeding, unless
113 otherwise specified by the director, the presiding officer who served as the fact finder at the
114 hearing shall issue a recommended order based [
115 determining all issues pending before the division.
116 (b) If the director designates certain licensing board members under Subsection (3)(b)
117 to represent the licensing board described in Subsection (3)(a), the person who is aggrieved by
118 the designated board members' recommended order may petition the licensing board to review
119 the designated board members' recommended order.
120 (c) The licensing board shall issue a recommended order based on the review under
121 Subsection (4)(b) that shall become the recommended order of the presiding officer.
122 (5) (a) (i) The director shall issue a final order affirming the recommended order or
123 modifying or rejecting all or any part of the recommended order and entering new findings of
124 fact, conclusions of law, statement of reasons, and order based [
125 attendance at the hearing or a review of the record developed at the hearing.
126 (ii) Before modifying or rejecting a recommended order, the director shall consult with
127 the presiding officer who issued the recommended order.
128 (b) (i) If the director issues a final order modifying or rejecting a recommended order,
129 the licensing board of the [
130 by a two-thirds majority vote of all board members, petition the executive director or designee
131 within the department to review the director's final order.
132 (ii) The executive director's decision shall become the final order of the division.
133 (c) This [
134 director's final order by filing a request for agency review under Subsection (8).
135 (6) If the director is unable for any reason to rule [
136 presiding officer, the director may designate another person within the division to issue a final
137 order.
138 (7) If the director or the director's designee does not initiate additional fact finding or
139 issue a final order within 20 calendar days after the [
140 recommended order of the presiding officer is issued, the recommended order becomes the
141 final order of the director or the director's designee.
142 (8) The final order of the director may be appealed by filing a request for agency
143 review with the executive director or the executive director's designee within the department.
144 (9) The content of all orders shall comply with the requirements of Subsection
145 63G-4-203(1)(i) and Sections 63G-4-208 and 63G-4-209.
146 Section 3. Section 58-1-201 is amended to read:
147 58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies --
148 Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
149 professional school that teaches continuing education prohibited.
150 (1) (a) (i) The executive director shall appoint the members of the boards established
151 under this title.
152 (ii) In appointing [
153 consideration to recommendations by members of the respective [
154
155 (b) Each board shall be composed of five members, four of whom [
156 licensed or certified practitioners in good standing of the [
157 represents, and one of whom [
158 provided under the specific licensing chapter.
159 (c) (i) The name of each [
160 the governor for confirmation or rejection.
161 (ii) If an appointee is rejected by the governor, the executive director shall appoint
162 another [
163 (2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members
164 expire, the executive director shall appoint each new board member or reappointed board
165 member to a four-year term.
166 (ii) Upon the expiration of the term of a board member, the board member shall
167 continue to serve until a successor is appointed, but for a period not to exceed six months from
168 the expiration date of the board member's term.
169 (b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
170 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
171 of board members are staggered so that approximately half of the board is appointed every two
172 years.
173 (c) A board member may not serve more than two consecutive terms, and a board
174 member who ceases to serve on a board may not serve again on that board until after the
175 expiration of a two-year period beginning from that cessation of service.
176 (d) (i) When a vacancy occurs in the board membership for any reason, the
177 replacement shall be appointed for the unexpired term.
178 (ii) After filling that term, the replacement board member may be appointed for only
179 one additional full term.
180 (e) The director, with the approval of the executive director, may remove a board
181 member and replace the board member in accordance with this section for the following
182 reasons:
183 (i) the board member fails or refuses to fulfill the responsibilities and duties of a board
184 member, including attendance at board meetings;
185 (ii) the board member engages in unlawful or unprofessional conduct; or
186 (iii) if appointed to the board position as a licensed member of the board, the board
187 member fails to maintain a license that is active and in good standing.
188 (3) (a) A majority of the board members constitutes a quorum.
189 (b) [
190 for the board to act.
191 (4) A board member may not receive compensation or benefits for the board member's
192 service, but may receive per diem and travel expenses in accordance with:
193 (a) Section 63A-3-106;
194 (b) Section 63A-3-107; and
195 (c) rules made by the Division of Finance [
196 63A-3-107.
197 (5) Each board shall annually designate one of [
198 chair for a one-year period.
199 (6) A board member may not be a member of the faculty of, or have a financial interest
200 in, a vocational or professional college or school that provides continuing education to any
201 licensee if that continuing education is required by statute or rule made in accordance with
202 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
203 Section 4. Section 58-1-202 is amended to read:
204 58-1-202. Boards -- Duties, functions, and responsibilities.
205 (1) [
206 responsibilities of each board established under this title include the following:
207 (a) recommending to the director appropriate rules and statutory changes to improve
208 the health, safety, and financial welfare of the public, including changes to remove regulations
209 that are no longer necessary or effective in protecting the public and enhancing commerce;
210 (b) recommending to the director policy and budgetary matters;
211 (c) approving and establishing a passing score for applicant examinations;
212 (d) screening applicants and recommending licensing, renewal, reinstatement, and
213 relicensure actions to the director in writing;
214 (e) assisting the director in establishing standards of supervision for students or persons
215 in training to become qualified to obtain a license in the [
216 board represents; and
217 (f) in accordance with Section 58-1-109, acting as presiding officer in conducting
218 hearings associated with adjudicative proceedings and in issuing recommended orders when so
219 designated by the director.
220 (2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah
221 Construction Trades Licensing Act.
222 (3) (a) Each board or commission established under this title may recommend to the
223 appropriate legislative committee whether the board or commission supports a change to a
224 licensing act.
225 (b) This Subsection (3) does not:
226 (i) require a board's approval to amend a practice act; [
227 (ii) apply to technical or clarifying amendments to a practice act.
228 Section 5. Section 58-1-301 is amended to read:
229 58-1-301. License application -- Licensing procedure.
230 (1) (a) Each license applicant shall apply to the division in writing upon forms
231 available from the division.
232 (b) Each completed application shall:
233 (i) contain documentation of the particular qualifications required of the applicant
234 under this title or rules made by the division in accordance with Title 63G, Chapter 3, Utah
235 Administrative Rulemaking Act;
236 (ii) include the applicant's:
237 (A) full legal name; and
238 (B) social security number, or other satisfactory evidence of the applicant's identity
239 permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah
240 Administrative Rulemaking Act;
241 (iii) be verified by the applicant; and
242 (iv) be accompanied by the appropriate fees.
243 (c) An applicant's social security number is a private record under Subsection
244 63G-2-302(1)(i).
245 (d) The division may designate an applicant's evidence of identity under Subsection
246 (1)(b)(ii)(B) as a private record in accordance with Section 63G-2-302.
247 (2) (a) The division shall issue a license to an applicant who submits a complete
248 application if the division determines that the applicant meets the qualifications of licensure.
249 (b) The division shall provide a written notice of additional proceedings to an applicant
250 who submits a complete application, but who has been, is, or will be placed under investigation
251 by the division for conduct directly bearing upon the applicant's qualifications for licensure, if
252 the outcome of additional proceedings is required to determine the division's response to the
253 application.
254 (c) The division shall provide a written notice of denial of licensure to an applicant
255 who submits a complete application if the division determines that the applicant does not meet
256 the qualifications of licensure.
257 (d) The division shall provide a written notice of incomplete application and
258 conditional denial of licensure to an applicant who submits an incomplete application, which
259 notice shall advise the applicant that the application is incomplete and that the application is
260 denied, unless the applicant corrects the deficiencies within the time period specified in the
261 notice and otherwise meets all qualifications for licensure.
262 (3) The division may only issue a license to an applicant under this title if the applicant
263 meets the requirements for that license as established under this title and by division rule made
264 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
265 (4) If an applicant meets all requirements for a specific license, the division shall issue
266 the license to the applicant.
267 (5) (a) As used in this Subsection (5):
268 (i) (A) "Competency-based licensing requirement" means a practical assessment of
269 knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
270 or profession regulated by this title, and which the director determines is at least as effective as
271 a time-based licensing requirement at demonstrating proficiency and protecting the health and
272 safety of the public.
273 (B) "Competency-based licensing requirement" may include any combination of
274 training, experience, testing, or observation.
275 (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
276 months, or years of education, training, supervised training, or other experience that an
277 applicant for licensure under this title is required to complete before receiving a license under
278 this title.
279 (B) "Time-based licensing requirement" does not include an associate degree, a
280 bachelor's degree, or a graduate degree from an accredited institution of higher education.
281 (b) Subject to Subsection (5)(c), for an occupation or profession regulated by this title
282 that has a time-based licensing requirement, the director, after consultation with the appropriate
283 board, may by division rule made in accordance with Title 63G, Chapter 3, Utah
284 Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing
285 requirement as an alternative to completing the time-based licensing requirement.
286 (c) If a time-based licensing requirement involves a program that must be approved or
287 accredited by a specific entity or board, the director may only allow an applicant to complete a
288 competency-based licensing requirement as an alternative to completing the time-based
289 licensing requirement under Subsection (5)(b) if the competency-based requirement is
290 approved or accredited by the specific entity or board as a replacement or alternative to the
291 time-based licensing requirement.
292 Section 6. Section 58-1-301.5 is amended to read:
293 58-1-301.5. Division access to Bureau of Criminal Identification records.
294 (1) The division shall have direct access to local files maintained by the Bureau of
295 Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
296 for background screening of individuals who are applying for licensure, licensure renewal,
297 licensure reinstatement, or relicensure, as required in:
298 (a) [
299 (b) Sections 58-24b-302 and 58-24b-302.1;
300 (c) Section 58-31b-302;
301 (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
302 Practice Act;
303 (e) Section 58-44a-302.1;
304 (f) Section 58-47b-302;
305 (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
306 company agents, and Section 58-55-302.1;
307 (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
308 Health Professional Practice Act;
309 (i) Sections 58-61-304 and 58-61-304.1;
310 (j) [
311 (k) [
312 (l) Sections 58-67-302 and 58-67-302.1; and
313 (m) Sections 58-68-302 and 58-68-302.1.
314 (2) The division's access to criminal background information under this section:
315 (a) shall meet the requirements of Section 53-10-108; and
316 (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
317 held in abeyance, dismissed charges, and charges without a known disposition.
318 (3) The division may not disseminate outside of the division any criminal history
319 record information that the division obtains from the Bureau of Criminal Identification or the
320 Federal Bureau of Investigation under the criminal background check requirements of this
321 section.
322 Section 7. Section 58-1-501 is amended to read:
323 58-1-501. Unlawful and unprofessional conduct.
324 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
325 under this title and includes:
326 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
327 attempting to practice or engage in any [
328 this title if the person is:
329 (i) not licensed to do so or not exempted from licensure under this title; or
330 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
331 probationary, or inactive license;
332 (b) (i) impersonating another licensee or practicing [
333 under a false or assumed name, except as permitted by law; or
334 (ii) for a licensee who has had a license under this title reinstated following disciplinary
335 action, practicing the same [
336 used before the disciplinary action, except as permitted by law and after notice to, and approval
337 by, the division;
338 (c) knowingly employing any other person to practice or engage in or attempt to
339 practice or engage in any [
340 not licensed to do so under this title;
341 (d) knowingly permitting the person's authority to practice or engage in any
342 [
343 by law;
344 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
345 license, or otherwise dealing with the division or a licensing board through the use of fraud,
346 forgery, or intentional deception, misrepresentation, misstatement, or omission;
347 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
348 drug or device to a person located in this state:
349 (A) without prescriptive authority conferred by a license issued under this title, or by
350 an exemption to licensure under this title; or
351 (B) with prescriptive authority conferred by an exception issued under this title or a
352 multistate practice privilege recognized under this title, if the prescription was issued without
353 first obtaining information, in the usual course of professional practice, that is sufficient to
354 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
355 proposed treatment; and
356 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
357 or cross coverage situation, provided that the person who issues the prescription has
358 prescriptive authority conferred by a license under this title, or is exempt from licensure under
359 this title; or
360 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
361 [
362 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
363 as unprofessional conduct under this title or under any rule adopted under this title and
364 includes:
365 (a) violating any statute, rule, or order regulating [
366 this title;
367 (b) violating, or aiding or abetting any other person to violate, any generally accepted
368 professional or ethical standard applicable to [
369 this title;
370 (c) subject to the provisions of Subsection (4), engaging in conduct that results in
371 conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
372 abeyance pending the successful completion of probation with respect to a crime [
373
374 [
375 substantial relationship to the licensee's or applicant's ability to safely or competently practice
376 the [
377 (d) engaging in conduct that results in disciplinary action, including reprimand,
378 censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
379 authority having jurisdiction over the licensee or applicant in the same [
380 profession if the conduct would, in this state, constitute grounds for denial of licensure or
381 disciplinary proceedings under Section 58-1-401;
382 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
383 chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
384 ability of the licensee or applicant to safely engage in the [
385 (f) practicing or attempting to practice [
386 this title despite being physically or mentally unfit to do so;
387 (g) practicing or attempting to practice [
388 this title through gross incompetence, gross negligence, or a pattern of incompetency or
389 negligence;
390 (h) practicing or attempting to practice [
391 licensure under this title by any form of action or communication which is false, misleading,
392 deceptive, or fraudulent;
393 (i) practicing or attempting to practice [
394 this title beyond the scope of the licensee's competency, abilities, or education;
395 (j) practicing or attempting to practice [
396 this title beyond the scope of the licensee's license;
397 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
398 conduct connected with the licensee's practice under this title or otherwise facilitated by the
399 licensee's license;
400 (l) acting as a supervisor without meeting the qualification requirements for that
401 position that are defined by statute or rule;
402 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
403 drug or device:
404 (i) without first obtaining information in the usual course of professional practice, that
405 is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
406 the proposed treatment; or
407 (ii) with prescriptive authority conferred by an exception issued under this title, or a
408 multi-state practice privilege recognized under this title, if the prescription was issued without
409 first obtaining information, in the usual course of professional practice, that is sufficient to
410 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
411 proposed treatment;
412 (n) violating a provision of Section 58-1-501.5; or
413 (o) violating the terms of an order governing a license.
414 (3) Unless otherwise specified by statute or administrative rule, in a civil or
415 administrative proceeding commenced by the division under this title, a person subject to any
416 of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
417 violation.
418 (4) The following are not evidence of engaging in unprofessional conduct under
419 Subsection (2)(c):
420 (a) an arrest not followed by a conviction; or
421 (b) a conviction for which an individual's incarceration has ended more than seven
422 years before the date of the division's consideration, unless:
423 (i) after the incarceration the individual has engaged in additional conduct that results
424 in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
425 held in abeyance pending the successful completion of probation; or
426 (ii) the conviction was for:
427 (A) a violent felony as defined in Section 76-3-203.5;
428 (B) a felony related to a criminal sexual act [
429 Part 4, Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
430 (C) a felony related to criminal fraud or embezzlement, including a felony [
431 under Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
432 Section 8. Section 58-1-506 is amended to read:
433 58-1-506. Supervision of cosmetic medical procedures.
434 (1) For purposes of this section:
435 (a) "Delegation group A" means the following who are licensed under this title, acting
436 within their respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii):
437 (i) a physician assistant[
438
439
440 (ii) a registered nurse;
441 (iii) a master esthetician; and
442 (iv) an electrologist, if evaluating for or performing laser hair removal.
443 (b) "Delegation group B" means:
444 (i) a practical nurse or an esthetician who is licensed under this title, acting within their
445 respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii); and
446 (ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
447 (c) "Direct cosmetic medical procedure supervision" means the supervisor:
448 (i) has authorized the procedure to be done on the patient by the supervisee; and
449 (ii) is present and available for a face-to-face communication with the supervisee when
450 and where a cosmetic medical procedure is performed.
451 (d) "General cosmetic medical procedure supervision" means the supervisor:
452 (i) has authorized the procedure to be done on the patient by the supervisee;
453 (ii) is available in a timely and appropriate manner in person to evaluate and initiate
454 care for a patient with a suspected adverse reaction or complication; and
455 (iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
456 (e) "Hair removal review" means:
457 (i) conducting an in-person, face-to-face interview of a patient based on the responses
458 provided by the patient to a detailed medical history assessment that was prepared by the
459 supervisor;
460 (ii) evaluating for contraindications and conditions that are part of the treatment plan;
461 and
462 (iii) if the patient history or patient presentation deviates in any way from the treatment
463 plan, referring the patient to the supervisor and receiving clearance from the supervisor before
464 starting the treatment.
465 (f) "Indirect cosmetic medical procedure supervision" means the supervisor:
466 (i) has authorized the procedure to be done on the patient by the supervisee;
467 (ii) has given written instructions to the person being supervised;
468 (iii) is present within the cosmetic medical facility in which the person being
469 supervised is providing services; and
470 (iv) is available to:
471 (A) provide immediate face-to-face communication with the person being supervised;
472 and
473 (B) evaluate the patient, as necessary.
474 (2) A supervisor supervising a nonablative cosmetic medical procedure for hair
475 removal shall:
476 (a) have an unrestricted license to practice medicine or advanced practice registered
477 nursing in the state;
478 (b) develop the medical treatment plan for the procedure;
479 (c) conduct a hair removal review, or delegate the hair removal review to a member of
480 delegation group A, of the patient prior to initiating treatment or a series of treatments;
481 (d) personally perform the nonablative cosmetic medical procedure for hair removal, or
482 authorize and delegate the procedure to a member of delegation group A or B;
483 (e) during the nonablative cosmetic medical procedure for hair removal provide general
484 cosmetic medical procedure supervision to individuals in delegation group A performing the
485 procedure[
486
487 individuals in delegation group B performing the procedure; and
488 (f) verify that a person to whom the supervisor delegates an evaluation under
489 Subsection (2)(c) or delegates a procedure under Subsection (2)(d) or (3)(c)(ii):
490 (i) has received appropriate training regarding the medical procedures developed under
491 Subsection (2)(b);
492 (ii) has an unrestricted license under this title or is performing under the license of the
493 supervising physician and surgeon; and
494 (iii) has maintained competence to perform the nonablative cosmetic medical
495 procedure through documented education and experience of at least 80 hours, as further
496 defined by rule, regarding:
497 (A) the appropriate standard of care for performing nonablative cosmetic medical
498 procedures;
499 (B) physiology of the skin;
500 (C) skin typing and analysis;
501 (D) skin conditions, disorders, and diseases;
502 (E) pre- and post-procedure care;
503 (F) infection control;
504 (G) laser and light physics training;
505 (H) laser technologies and applications;
506 (I) safety and maintenance of lasers;
507 (J) cosmetic medical procedures an individual is permitted to perform under this title;
508 (K) recognition and appropriate management of complications from a procedure; and
509 (L) cardiopulmonary resuscitation (CPR).
510 (3) For a nonablative cosmetic medical procedure other than hair removal under
511 Subsection (2):
512 (a) a physician who has an unrestricted license to practice medicine, a nurse
513 practitioner who has an unrestricted license for advanced practice registered nursing, or a
514 physician assistant [
515
516 license to practice as a physician assistant, shall:
517 (i) develop a treatment plan for the nonablative cosmetic medical procedure; and
518 (ii) conduct an in-person face-to-face evaluation of the patient prior to the initiation of
519 a treatment protocol or series of treatments; and
520 (b) a nurse practitioner or physician assistant conducting an in-person face-to-face
521 evaluation of a patient under Subsection (3)(a)(ii) prior to removing a tattoo shall:
522 (i) inspect the patient's skin for any discoloration unrelated to the tattoo and any other
523 indication of cancer or other condition that should be treated or further evaluated before the
524 tattoo is removed;
525 (ii) refer a patient with any such condition to a physician for treatment or further
526 evaluation; and
527 (iii) shall not supervise a nonablative cosmetic medical procedure to remove a tattoo on
528 the patient until the patient has been approved for the tattoo removal by a physician who has
529 evaluated the patient; and
530 (c) the supervisor supervising the procedure shall:
531 (i) have an unrestricted license to practice medicine or advanced practice registered
532 nursing;
533 (ii) personally perform the nonablative cosmetic medical procedure or:
534 (A) authorize and provide general cosmetic medical procedure supervision for the
535 nonablative cosmetic medical procedure that is performed by a registered nurse or a master
536 esthetician;
537 (B) authorize and provide [
538
539 medical procedure that is performed by a physician assistant[
540
541 (C) authorize and provide direct cosmetic medical procedure supervision for the
542 nonablative cosmetic medical procedure that is performed by an esthetician; and
543 (iii) verify that a person to whom the supervisor delegates a procedure under
544 Subsection (3)(c):
545 (A) has received appropriate training regarding the medical procedures to be
546 performed;
547 (B) has an unrestricted license and is acting within the person's scope of practice under
548 this title; and
549 (C) is qualified under Subsection (2)(f)(iii).
550 (4) A supervisor performing or supervising a cosmetic medical procedure under
551 Subsection (2) or (3) shall ensure that:
552 (a) the supervisor's name is prominently posted at the cosmetic medical facility
553 identifying the supervisor;
554 (b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
555 facility;
556 (c) the patient receives written information with the name and licensing information of
557 the supervisor who is supervising the nonablative cosmetic medical procedure and the person
558 who is performing the nonablative cosmetic medical procedure;
559 (d) the patient is provided with a telephone number that is answered within 24 hours
560 for follow-up communication; and
561 (e) the cosmetic medical facility's contract with a master esthetician who performs a
562 nonablative cosmetic medical procedure at the facility is kept on the premises of the facility.
563 (5) Failure to comply with the provisions of this section is unprofessional conduct.
564 (6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
565 Act, is not subject to the supervision requirements in this section for a nonablative cosmetic
566 medical procedure for hair removal if the chiropractic physician is acting within the scope of
567 practice of a chiropractic physician and with training specific to nonablative hair removal.
568 Section 9. Section 58-9-306 is amended to read:
569 58-9-306. License by endorsement.
570 The division may issue a license by endorsement under this chapter to a person who:
571 (1) provides documentation that the funeral service director's current licensure is
572 active, in good standing, and free from any disciplinary action;
573 (2) submits an application on a form provided by the division;
574 (3) pays a fee determined by the department;
575 (4) [
576 (a) a first or second degree felony; or
577 [
578 [
579 the license for which the person is applying is considered by the division and the board to
580 indicate that the best interests of the public are not served by granting the applicant a license;
581 (5) has completed five years of lawful and active practice as a licensed funeral service
582 director and embalmer within the 10 years immediately preceding the application for licensure
583 by endorsement;
584 (6) has passed a national examination determined by the division; and
585 (7) has demonstrated competency of the laws and the rules of the state as determined
586 by the division.
587 Section 10. Section 58-17b-102 is amended to read:
588 58-17b-102. Definitions.
589 In addition to the definitions in Section 58-1-102, as used in this chapter:
590 (1) "Administering" means:
591 (a) the direct application of a prescription drug or device, whether by injection,
592 inhalation, ingestion, or by any other means, to the body of a human patient or research subject
593 by another person; or
594 (b) the placement by a veterinarian with the owner or caretaker of an animal or group
595 of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other
596 means directed to the body of the animal by the owner or caretaker in accordance with written
597 or verbal directions of the veterinarian.
598 (2) "Adulterated drug or device" means a drug or device considered adulterated under
599 21 U.S.C. Sec. 351 (2003).
600 (3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for
601 the purpose of analysis.
602 (b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
603 used as standards and controls in performing drug monitoring or drug screening analysis if the
604 prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid
605 components, organic solvents, or inorganic buffers at a concentration not exceeding one
606 milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic
607 use.
608 (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by
609 the use of prescription drugs.
610 (5) "Automated pharmacy systems" includes mechanical systems which perform
611 operations or activities, other than compounding or administration, relative to the storage,
612 packaging, dispensing, or distribution of medications, and which collect, control, and maintain
613 all transaction information.
614 (6) "Beyond use date" means the date determined by a pharmacist and placed on a
615 prescription label at the time of dispensing that indicates to the patient or caregiver a time
616 beyond which the contents of the prescription are not recommended to be used.
617 (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created
618 in Section 58-17b-201.
619 (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
620 underserved area, used for the storage and dispensing of prescription drugs, which is dependent
621 upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and
622 approved by the division as the parent pharmacy.
623 (9) "Centralized prescription processing" means the processing by a pharmacy of a
624 request from another pharmacy to fill or refill a prescription drug order or to perform
625 processing functions such as dispensing, drug utilization review, claims adjudication, refill
626 authorizations, and therapeutic interventions.
627 (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a
628 retail pharmacy to compound or dispense a drug or dispense a device to the public under a
629 prescription order.
630 (11) "Class B pharmacy":
631 (a) means a pharmacy located in Utah:
632 (i) that is authorized to provide pharmaceutical care for patients in an institutional
633 setting; and
634 (ii) whose primary purpose is to provide a physical environment for patients to obtain
635 health care services; and
636 (b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
637 (ii) pharmaceutical administration and sterile product preparation facilities.
638 (12) "Class C pharmacy" means a pharmacy that engages in the manufacture,
639 production, wholesale, or distribution of drugs or devices in Utah.
640 (13) "Class D pharmacy" means a nonresident pharmacy.
641 (14) "Class E pharmacy" means all other pharmacies.
642 (15) (a) "Closed-door pharmacy" means a pharmacy that:
643 (i) provides pharmaceutical care to a defined and exclusive group of patients who have
644 access to the services of the pharmacy because they are treated by or have an affiliation with a
645 specific entity, including a health maintenance organization or an infusion company; or
646 (ii) engages exclusively in the practice of telepharmacy and does not serve walk-in
647 retail customers.
648 (b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods
649 to the general public, or the office of a practitioner.
650 (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or
651 more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
652 more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical
653 care functions authorized by the practitioner or practitioners under certain specified conditions
654 or limitations.
655 (17) "Collaborative pharmacy practice agreement" means a written and signed
656 agreement between one or more pharmacists and one or more practitioners that provides for
657 collaborative pharmacy practice for the purpose of drug therapy management of patients and
658 prevention of disease of human subjects.
659 (18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or
660 labeling of a limited quantity drug, sterile product, or device:
661 (i) as the result of a practitioner's prescription order or initiative based on the
662 practitioner, patient, or pharmacist relationship in the course of professional practice;
663 (ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and
664 not for sale or dispensing; or
665 (iii) in anticipation of prescription drug orders based on routine, regularly observed
666 prescribing patterns.
667 (b) "Compounding" does not include:
668 (i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to
669 another pharmacist or pharmaceutical facility;
670 (ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a
671 dosage form which is regularly and commonly available from a manufacturer in quantities and
672 strengths prescribed by a practitioner; or
673 (iii) the preparation of a prescription drug, sterile product, or device which has been
674 withdrawn from the market for safety reasons.
675 (19) "Confidential information" has the same meaning as "protected health
676 information" under the Standards for Privacy of Individually Identifiable Health Information,
677 45 C.F.R. Parts 160 and 164.
678 (20) "Controlled substance" means the same as that term is defined in Section 58-37-2.
679 (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter
680 417, Sec. 3a(ff) which is incorporated by reference.
681 (22) "Dispense" means the interpretation, evaluation, and implementation of a
682 prescription drug order or device or nonprescription drug or device under a lawful order of a
683 practitioner in a suitable container appropriately labeled for subsequent administration to or use
684 by a patient, research subject, or an animal.
685 (23) "Dispensing medical practitioner" means an individual who is:
686 (a) currently licensed as:
687 (i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
688 (ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical
689 Practice Act;
690 (iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
691 (iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
692 (v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist
693 is acting within the scope of practice for an optometrist; and
694 (b) licensed by the division under the Pharmacy Practice Act to engage in the practice
695 of a dispensing medical practitioner.
696 (24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
697 located within a licensed dispensing medical practitioner's place of practice.
698 (25) "Distribute" means to deliver a drug or device other than by administering or
699 dispensing.
700 (26) (a) "Drug" means:
701 (i) a substance recognized in the official United States Pharmacopoeia, official
702 Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
703 supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
704 prevention of disease in humans or animals;
705 (ii) a substance that is required by any applicable federal or state law or rule to be
706 dispensed by prescription only or is restricted to administration by practitioners only;
707 (iii) a substance other than food intended to affect the structure or any function of the
708 body of humans or other animals; and
709 (iv) substances intended for use as a component of any substance specified in
710 Subsections (26)(a)(i), (ii), (iii), and (iv).
711 (b) "Drug" does not include dietary supplements.
712 (27) "Drug regimen review" includes the following activities:
713 (a) evaluation of the prescription drug order and patient record for:
714 (i) known allergies;
715 (ii) rational therapy-contraindications;
716 (iii) reasonable dose and route of administration; and
717 (iv) reasonable directions for use;
718 (b) evaluation of the prescription drug order and patient record for duplication of
719 therapy;
720 (c) evaluation of the prescription drug order and patient record for the following
721 interactions:
722 (i) drug-drug;
723 (ii) drug-food;
724 (iii) drug-disease; and
725 (iv) adverse drug reactions; and
726 (d) evaluation of the prescription drug order and patient record for proper utilization,
727 including over- or under-utilization, and optimum therapeutic outcomes.
728 (28) "Drug sample" means a prescription drug packaged in small quantities consistent
729 with limited dosage therapy of the particular drug, which is marked "sample", is not intended to
730 be sold, and is intended to be provided to practitioners for the immediate needs of patients for
731 trial purposes or to provide the drug to the patient until a prescription can be filled by the
732 patient.
733 (29) "Electronic signature" means a trusted, verifiable, and secure electronic sound,
734 symbol, or process attached to or logically associated with a record and executed or adopted by
735 a person with the intent to sign the record.
736 (30) "Electronic transmission" means transmission of information in electronic form or
737 the transmission of the exact visual image of a document by way of electronic equipment.
738 (31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to
739 inpatients of a general acute hospital or specialty hospital licensed by the Department of Health
740 under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
741 (32) "Legend drug" has the same meaning as prescription drug.
742 (33) "Licensed pharmacy technician" means an individual licensed with the division,
743 that may, under the supervision of a pharmacist, perform the activities involved in the
744 technician practice of pharmacy.
745 (34) "Manufacturer" means a person or business physically located in Utah licensed to
746 be engaged in the manufacturing of drugs or devices.
747 (35) (a) "Manufacturing" means:
748 (i) the production, preparation, propagation, conversion, or processing of a drug or
749 device, either directly or indirectly, by extraction from substances of natural origin or
750 independently by means of chemical or biological synthesis, or by a combination of extraction
751 and chemical synthesis, and includes any packaging or repackaging of the substance or labeling
752 or relabeling of its container; and
753 (ii) the promotion and marketing of such drugs or devices.
754 (b) "Manufacturing" includes the preparation and promotion of commercially available
755 products from bulk compounds for resale by pharmacies, practitioners, or other persons.
756 (c) "Manufacturing" does not include the preparation or compounding of a drug by a
757 pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation,
758 compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical
759 analysis.
760 (36) "Medical order" means a lawful order of a practitioner which may include a
761 prescription drug order.
762 (37) "Medication profile" or "profile" means a record system maintained as to drugs or
763 devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze
764 the profile to provide pharmaceutical care.
765 (38) "Misbranded drug or device" means a drug or device considered misbranded under
766 21 U.S.C. Sec. 352 (2003).
767 (39) (a) "Nonprescription drug" means a drug which:
768 (i) may be sold without a prescription; and
769 (ii) is labeled for use by the consumer in accordance with federal law.
770 (b) "Nonprescription drug" includes homeopathic remedies.
771 (40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
772 person in Utah.
773 (41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
774 (42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located
775 outside the state that is licensed and in good standing in another state, that:
776 (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
777 this state pursuant to a lawfully issued prescription;
778 (b) provides information to a patient in this state on drugs or devices which may
779 include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
780 or
781 (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic
782 effects of drugs.
783 (43) "Patient counseling" means the written and oral communication by the pharmacist
784 or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of
785 drugs, devices, and dietary supplements.
786 (44) "Pharmaceutical administration facility" means a facility, agency, or institution in
787 which:
788 (a) prescription drugs or devices are held, stored, or are otherwise under the control of
789 the facility or agency for administration to patients of that facility or agency;
790 (b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist
791 or pharmacy intern with whom the facility has established a prescription drug supervising
792 relationship under which the pharmacist or pharmacy intern provides counseling to the facility
793 or agency staff as required, and oversees drug control, accounting, and destruction; and
794 (c) prescription drugs are professionally administered in accordance with the order of a
795 practitioner by an employee or agent of the facility or agency.
796 (45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a
797 prescribing practitioner, and in accordance with division rule:
798 (i) designing, implementing, and monitoring a therapeutic drug plan intended to
799 achieve favorable outcomes related to a specific patient for the purpose of curing or preventing
800 the patient's disease;
801 (ii) eliminating or reducing a patient's symptoms; or
802 (iii) arresting or slowing a disease process.
803 (b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
804 prescribing practitioner.
805 (46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering,
806 distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this
807 state.
808 (47) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
809 engaged in the business of wholesale vending or selling of a prescription drug or device to
810 other than a consumer or user of the prescription drug or device that the pharmaceutical facility
811 has not produced, manufactured, compounded, or dispensed.
812 (b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical
813 facility carrying out the following business activities:
814 (i) intracompany sales;
815 (ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
816 purchase, or trade a prescription drug or device, if the activity is carried out between one or
817 more of the following entities under common ownership or common administrative control, as
818 defined by division rule:
819 (A) hospitals;
820 (B) pharmacies;
821 (C) chain pharmacy warehouses, as defined by division rule; or
822 (D) other health care entities, as defined by division rule;
823 (iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
824 purchase, or trade a prescription drug or device, for emergency medical reasons, including
825 supplying another pharmaceutical facility with a limited quantity of a drug, if:
826 (A) the facility is unable to obtain the drug through a normal distribution channel in
827 sufficient time to eliminate the risk of harm to a patient that would result from a delay in
828 obtaining the drug; and
829 (B) the quantity of the drug does not exceed an amount reasonably required for
830 immediate dispensing to eliminate the risk of harm;
831 (iv) the distribution of a prescription drug or device as a sample by representatives of a
832 manufacturer; and
833 (v) the distribution of prescription drugs, if:
834 (A) the facility's total distribution-related sales of prescription drugs does not exceed
835 5% of the facility's total prescription drug sales; and
836 (B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
837 (48) "Pharmacist" means an individual licensed by this state to engage in the practice
838 of pharmacy.
839 (49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing
840 who accepts responsibility for the operation of a pharmacy in conformance with all laws and
841 rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally
842 in full and actual charge of the pharmacy and all personnel.
843 (50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or
844 more years of licensed experience. The preceptor serves as a teacher, example of professional
845 conduct, and supervisor of interns in the professional practice of pharmacy.
846 (51) "Pharmacy" means any place where:
847 (a) drugs are dispensed;
848 (b) pharmaceutical care is provided;
849 (c) drugs are processed or handled for eventual use by a patient; or
850 (d) drugs are used for the purpose of analysis or research.
851 (52) "Pharmacy benefits manager or coordinator" means a person or entity that
852 provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf
853 of a self-insured employer, insurance company, health maintenance organization, or other plan
854 sponsor, as defined by rule.
855 (53) "Pharmacy intern" means an individual licensed by this state to engage in practice
856 as a pharmacy intern.
857 (54) "Pharmacy manager" means:
858 (a) a pharmacist-in-charge;
859 (b) an immediate supervisor of a pharmacist-in-charge; or
860 (c) an individual who manages the facility in which a pharmacy is located.
861 (55) "Pharmacy officer" means:
862 (a) a governing person, as defined in Section 48-3a-102, of a pharmacy;
863 (b) an individual appointed as an officer of a pharmacy that is a corporation in
864 accordance with Section 16-10a-830;
865 (c) a general partner, as defined in Section 48-2e-102, of a pharmacy; or
866 (d) a partner, as defined in Section 48-1d-102, of a pharmacy.
867 (56) "Pharmacy owner" means:
868 (a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
869 through an entity controlled by the individual, 5% or more of the outstanding shares of a
870 pharmacy that:
871 (i) is a corporation; and
872 (ii) is not publicly listed or traded; or
873 (b) an individual who owns directly, or indirectly through an entity controlled by the
874 individual, 5% or more of the equity of a pharmacy that is not a corporation.
875 [
876 training program providing education for pharmacy technicians.
877 [
878 pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part
879 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and
880 division rule adopted after consultation with the Board of pharmacy and the governing boards
881 of the practitioners described in Subsection (23)(a).
882 (b) "Practice as a dispensing medical practitioner" does not include:
883 (i) using a vending type of dispenser as defined by the division by administrative rule;
884 or
885 (ii) except as permitted by Section 58-17b-805, dispensing of a controlled substance as
886 defined in Section 58-37-2.
887 [
888 a pharmacy technician under the general supervision of a licensed pharmacist and in
889 accordance with a scope of practice defined by division rule made in collaboration with the
890 board.
891 [
892 (a) providing pharmaceutical care;
893 (b) collaborative pharmacy practice in accordance with a collaborative pharmacy
894 practice agreement;
895 (c) compounding, packaging, labeling, dispensing, administering, and the coincident
896 distribution of prescription drugs or devices, provided that the administration of a prescription
897 drug or device is:
898 (i) pursuant to a lawful order of a practitioner when one is required by law; and
899 (ii) in accordance with written guidelines or protocols:
900 (A) established by the licensed facility in which the prescription drug or device is to be
901 administered on an inpatient basis; or
902 (B) approved by the division, in collaboration with the board and, when appropriate,
903 the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device
904 is to be administered on an outpatient basis solely by a licensed pharmacist;
905 (d) participating in drug utilization review;
906 (e) ensuring proper and safe storage of drugs and devices;
907 (f) maintaining records of drugs and devices in accordance with state and federal law
908 and the standards and ethics of the profession;
909 (g) providing information on drugs or devices, which may include advice relating to
910 therapeutic values, potential hazards, and uses;
911 (h) providing drug product equivalents;
912 (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
913 technicians;
914 (j) providing patient counseling, including adverse and therapeutic effects of drugs;
915 (k) providing emergency refills as defined by rule;
916 (l) telepharmacy;
917 (m) formulary management intervention;
918 (n) prescribing and dispensing a self-administered hormonal contraceptive in
919 accordance with Title 26, Chapter 64, Family Planning Access Act; and
920 (o) issuing a prescription in accordance with Section 58-17b-627.
921 [
922 of telecommunications and information technologies.
923 [
924 pharmacy through the use of telecommunications and information technologies that occurs
925 when the patient is physically located within one jurisdiction and the pharmacist is located in
926 another jurisdiction.
927 [
928 otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the
929 course of professional practice.
930 [
931 (a) orally or in writing; or
932 (b) by telephone, facsimile transmission, computer, or other electronic means of
933 communication as defined by division rule.
934 [
935 (a) by a licensed practitioner in the course of that practitioner's professional practice or
936 by collaborative pharmacy practice agreement; and
937 (b) for a controlled substance or other prescription drug or device for use by a patient
938 or an animal.
939 [
940 contrivance, implant, in vitro reagent, or other similar or related article, and any component
941 part or accessory, which is required under federal or state law to be prescribed by a practitioner
942 and dispensed by or through a person or entity licensed under this chapter or exempt from
943 licensure under this chapter.
944 [
945 rule to be dispensed only by prescription or is restricted to administration only by practitioners.
946 [
947 (a) means changing the container, wrapper, or labeling to further the distribution of a
948 prescription drug; and
949 (b) does not include:
950 (i) Subsection (65)(a) when completed by the pharmacist responsible for dispensing the
951 product to a patient; or
952 (ii) changing or altering a label as necessary for a dispensing practitioner under Part 8,
953 Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, for
954 dispensing a product to a patient.
955 [
956 (a) conducted in a research facility, as defined by division rule, that is associated with a
957 university or college in the state accredited by the Northwest Commission on Colleges and
958 Universities;
959 (b) requiring the use of a controlled substance, prescription drug, or prescription
960 device;
961 (c) that uses the controlled substance, prescription drug, or prescription device in
962 accordance with standard research protocols and techniques, including, if required, those
963 approved by an institutional review committee; and
964 (d) that includes any documentation required for the conduct of the research and the
965 handling of the controlled substance, prescription drug, or prescription device.
966 [
967 drugs and devices to the general public.
968 [
969 hormonal contraceptive that is approved by the United States Food and Drug Administration to
970 prevent pregnancy.
971 (b) "Self-administered hormonal contraceptive" includes an oral hormonal
972 contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
973 (c) "Self-administered hormonal contraceptive" does not include any drug intended to
974 induce an abortion, as that term is defined in Section 76-7-301.
975 [
976 compliance with this chapter.
977 [
978 operation of the pharmacy during a given day or shift.
979 [
980 (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
981 pharmacy technician in nonjudgmental duties not included in the definition of the practice of
982 pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as
983 those duties may be further defined by division rule adopted in collaboration with the board;
984 and
985 (b) are supervised by a pharmacist in accordance with rules adopted by the division in
986 collaboration with the board.
987 [
988 58-1-501 and 58-17b-501.
989 [
990 Sections 58-1-501 and 58-17b-502 and may be further defined by rule.
991 [
992 dispenses drugs intended for use by animals or for sale to veterinarians for the administration
993 for animals.
994 Section 11. Section 58-17b-306 is amended to read:
995 58-17b-306. Qualifications for licensure as a pharmacy.
996 (1) Each applicant for licensure under this section, except for those applying for a class
997 D license, shall:
998 (a) submit a written application in the form prescribed by the division;
999 (b) pay a fee as determined by the department under Section 63J-1-504;
1000 (c) satisfy the division that the applicant, and each owner, officer, or manager of the
1001 applicant have not engaged in any act, practice, or omission, which when considered with the
1002 duties and responsibilities of a licensee under this section indicates there is cause to believe
1003 that issuing a license to the applicant is inconsistent with the interest of the public's health,
1004 safety, or welfare;
1005 (d) demonstrate the licensee's operations will be in accordance with all federal, state,
1006 and local laws relating to the type of activity engaged in by the licensee, including regulations
1007 of the Federal Drug Enforcement Administration and Food and Drug Administration;
1008 (e) maintain operating standards established by division rule made in collaboration
1009 with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1010 Act; [
1011 (f) for each pharmacy officer, pharmacy manager, and pharmacy owner, submit
1012 fingerprint cards and consent to a fingerprint background check in accordance with Section
1013 58-17b-307; and
1014 [
1015 pursuant to Section 58-17b-103.
1016 (2) Each applicant applying for a class D license shall:
1017 (a) submit a written application in the form prescribed by the division;
1018 (b) pay a fee as determined by the department under Section 63J-1-504;
1019 (c) present to the division verification of licensure in the state where physically located
1020 and verification that such license is in good standing;
1021 (d) satisfy the division that the applicant, and each officer, pharmacy manager, and
1022 pharmacy owner of the applicant has not engaged in any act, practice, or omission, which when
1023 considered with the duties and responsibilities of a licensee under this section indicates there is
1024 cause to believe that issuing a license to the applicant is inconsistent with the interest of the
1025 public's health, safety, or welfare;
1026 (e) for each pharmacy officer, pharmacy manager, and pharmacy owner, submit
1027 fingerprint cards and consent to a fingerprint background check in accordance with Section
1028 58-17b-307;
1029 [
1030 and a detailed description of the protocol as described by rule by which pharmacy care will be
1031 provided, including any collaborative practice arrangements with other health care
1032 practitioners;
1033 [
1034 applicant and physically located in Utah have the appropriate license issued by the division and
1035 in good standing;
1036 [
1037 and regulations of the jurisdiction in which the pharmacy is located; and
1038 [
1039 report:
1040 (i) conducted within two years before the application for licensure; and
1041 (ii) (A) conducted as part of the National Association of Boards of Pharmacy Verified
1042 Pharmacy Program; or
1043 (B) performed by the state licensing agency of the state in which the applicant is a
1044 resident and in accordance with the National Association of Boards of Pharmacy multistate
1045 inspection blueprint program.
1046 (3) Each license issued under this section shall be issued for a single, specific address,
1047 and is not transferable or assignable.
1048 Section 12. Section 58-17b-307 is amended to read:
1049 58-17b-307. Qualification for licensure -- Criminal background checks.
1050 (1) An individual applicant for licensure under this chapter shall:
1051 (a) submit fingerprint cards in a form acceptable to the division at the time the license
1052 application is filed; and
1053 (b) in accordance with this section and requirements established by rule made in
1054 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consent to a
1055 fingerprint background check regarding the application conducted by the:
1056 (i) Utah Bureau of Criminal Identification; and
1057 (ii) Federal Bureau of Investigation.
1058 (2) An applicant for licensure as a pharmacy under this chapter shall submit the
1059 information described in Subsection (1) for each pharmacy officer, pharmacy owner, and
1060 pharmacy manager of the applicant.
1061 [
1062 (a) in addition to other fees authorized by this chapter, collect from each applicant
1063 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
1064 Identification is authorized to collect for the services provided under Section 53-10-108 and the
1065 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
1066 obtaining federal criminal history record information;
1067 (b) submit from each applicant the fingerprint card and the fees described in
1068 Subsection (2)(a) to the Bureau of Criminal Identification; and
1069 (c) obtain and retain in division records, a signed waiver approved by the Bureau of
1070 Criminal Identification in accordance with Section 53-10-108 for each [
1071 who requires a background check under this section.
1072 [
1073 requirements of Section 53-10-108:
1074 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
1075 and regional criminal records databases;
1076 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
1077 criminal history background check; and
1078 (c) provide the results from the state, regional, and nationwide criminal history
1079 background checks to the division.
1080 [
1081 Subsection (1), the division shall have direct access to criminal background information
1082 maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
1083 [
1084 license issued under this section is conditional, pending completion of the criminal background
1085 [
1086 (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
1087 criminal background check required in Subsection (1), discloses that the applicant or the
1088 applicant's pharmacy officer, pharmacy owner, or pharmacy manager has failed to accurately
1089 disclose a criminal history, the license is immediately and automatically revoked upon notice to
1090 the licensee by the division.
1091 [
1092 is entitled to a postrevocation hearing to challenge the revocation.
1093 (b) The division shall conduct a postrevocation hearing in accordance with Title 63G,
1094 Chapter 4, Administrative Procedures Act.
1095 [
1096 record information that the division obtains from the Bureau of Criminal Identification or the
1097 Federal Bureau of Investigation under the criminal background check requirements of this
1098 section.
1099 Section 13. Section 58-17b-625 is amended to read:
1100 58-17b-625. Administration of a long-acting injectable and naloxone.
1101 (1) A pharmacist may, in accordance with this section, administer a drug described in
1102 Subsection (2).
1103 (2) Notwithstanding the provisions of Subsection [
1104 58-17b-102(60)(c)(ii)(B), the division shall make rules in collaboration with the board and,
1105 when appropriate, the Physicians Licensing Board created in Section 58-67-201, and in
1106 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish
1107 training for a pharmacist to administer naloxone and long-acting injectables intramuscularly.
1108 (3) A pharmacist may not administer naloxone or a long-acting injectable
1109 intramuscularly unless the pharmacist:
1110 (a) completes the training described in Subsection (2);
1111 (b) administers the drug at a clinic or community pharmacy, as those terms are defined
1112 by the division, by administrative rule made in accordance with Title 63G, Chapter 3, Utah
1113 Administrative Rulemaking Act; and
1114 (c) is directed by the physician, as that term is defined in Section 58-67-102 or Section
1115 58-68-102, who issues the prescription to administer the drug.
1116 Section 14. Section 58-31b-102 is amended to read:
1117 58-31b-102. Definitions.
1118 In addition to the definitions in Section 58-1-102, as used in this chapter:
1119 (1) "Administrative penalty" means a monetary fine or citation imposed by the division
1120 for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a
1121 fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah
1122 Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in
1123 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1124 (2) "Applicant" means an individual who applies for licensure or certification under
1125 this chapter by submitting a completed application for licensure or certification and the
1126 required fees to the department.
1127 (3) "Approved education program" means a nursing education program that is
1128 accredited by an accrediting body for nursing education that is approved by the United States
1129 Department of Education.
1130 (4) "Board" means the Board of Nursing created in Section 58-31b-201.
1131 (5) "Diagnosis" means the identification of and discrimination between physical and
1132 psychosocial signs and symptoms essential to the effective execution and management of
1133 health care.
1134 (6) "Examinee" means an individual who applies to take or does take any examination
1135 required under this chapter for licensure.
1136 (7) "Licensee" means an individual who is licensed or certified under this chapter.
1137 (8) "Long-term care facility" means any of the following facilities licensed by the
1138 Department of Health pursuant to Title 26, Chapter 21, Health Care Facility Licensing and
1139 Inspection Act:
1140 (a) a nursing care facility;
1141 (b) a small health care facility;
1142 (c) an intermediate care facility for people with an intellectual disability;
1143 (d) an assisted living facility Type I or II; or
1144 (e) a designated swing bed unit in a general hospital.
1145 (9) "Medication aide certified" means a certified nurse aide who:
1146 (a) has a minimum of 2,000 hours experience working as a certified nurse aide;
1147 (b) has received a minimum of 60 hours of classroom and 40 hours of practical training
1148 that is approved by the division in collaboration with the board, in administering routine
1149 medications to patients or residents of long-term care facilities; and
1150 (c) is certified by the division as a medication aide certified.
1151 (10) (a) "Practice as a medication aide certified" means the limited practice of nursing
1152 under the supervision, as defined by the division by rule made in accordance with Title 63G,
1153 Chapter 3, Utah Administrative Rulemaking Act, of a licensed nurse, involving routine patient
1154 care that requires minimal or limited specialized or general knowledge, judgment, and skill, to
1155 an individual who:
1156 (i) is ill, injured, infirm, has a physical, mental, developmental, or intellectual
1157 disability; and
1158 (ii) is in a regulated long-term care facility.
1159 (b) "Practice as a medication aide certified":
1160 (i) includes:
1161 (A) providing direct personal assistance or care; and
1162 (B) administering routine medications to patients in accordance with a formulary and
1163 protocols to be defined by the division by rule made in accordance with Title 63G, Chapter 3,
1164 Utah Administrative Rulemaking Act; and
1165 (ii) does not include assisting a resident of an assisted living facility, a long term care
1166 facility, or an intermediate care facility for people with an intellectual disability to self
1167 administer a medication, as regulated by the Department of Health by rule made in accordance
1168 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1169 (11) "Practice of advanced practice registered nursing" means the practice of nursing
1170 within the generally recognized scope and standards of advanced practice registered nursing as
1171 defined by rule and consistent with professionally recognized preparation and education
1172 standards of an advanced practice registered nurse by a person licensed under this chapter as an
1173 advanced practice registered nurse. "Practice of advanced practice registered nursing" includes:
1174 (a) maintenance and promotion of health and prevention of disease;
1175 (b) diagnosis, treatment, correction, consultation, and referral;
1176 (c) prescription or administration of prescription drugs or devices including:
1177 (i) local anesthesia;
1178 (ii) Schedule III-V controlled substances; and
1179 (iii) [
1180 (d) the provision of preoperative, intraoperative, and postoperative anesthesia care and
1181 related services upon the request of a licensed health care professional by an advanced practice
1182 registered nurse specializing as a certified registered nurse anesthetist, including:
1183 (i) preanesthesia preparation and evaluation including:
1184 (A) performing a preanesthetic assessment of the patient;
1185 (B) ordering and evaluating appropriate lab and other studies to determine the health of
1186 the patient; and
1187 (C) selecting, ordering, or administering appropriate medications;
1188 (ii) anesthesia induction, maintenance, and emergence, including:
1189 (A) selecting and initiating the planned anesthetic technique;
1190 (B) selecting and administering anesthetics and adjunct drugs and fluids; and
1191 (C) administering general, regional, and local anesthesia;
1192 (iii) postanesthesia follow-up care, including:
1193 (A) evaluating the patient's response to anesthesia and implementing corrective
1194 actions; and
1195 (B) selecting, ordering, or administering the medications and studies listed in this
1196 Subsection (11)(d);
1197 (iv) other related services within the scope of practice of a certified registered nurse
1198 anesthetist, including:
1199 (A) emergency airway management;
1200 (B) advanced cardiac life support; and
1201 (C) the establishment of peripheral, central, and arterial invasive lines; and
1202 (v) for purposes of this Subsection (11)(d), "upon the request of a licensed health care
1203 professional":
1204 (A) means a health care professional practicing within the scope of the health care
1205 professional's license, requests anesthesia services for a specific patient; and
1206 (B) does not require an advanced practice registered nurse specializing as a certified
1207 registered nurse anesthetist to obtain additional authority to select, administer, or provide
1208 preoperative, intraoperative, or postoperative anesthesia care and services.
1209 (12) "Practice of nursing" means assisting individuals or groups to maintain or attain
1210 optimal health, implementing a strategy of care to accomplish defined goals and evaluating
1211 responses to care and treatment, and requires substantial specialized or general knowledge,
1212 judgment, and skill based upon principles of the biological, physical, behavioral, and social
1213 sciences. "Practice of nursing" includes:
1214 (a) initiating and maintaining comfort measures;
1215 (b) promoting and supporting human functions and responses;
1216 (c) establishing an environment conducive to well-being;
1217 (d) providing health counseling and teaching;
1218 (e) collaborating with health care professionals on aspects of the health care regimen;
1219 (f) performing delegated procedures only within the education, knowledge, judgment,
1220 and skill of the licensee;
1221 (g) delegating nursing tasks that may be performed by others, including an unlicensed
1222 assistive personnel; and
1223 (h) supervising an individual to whom a task is delegated under Subsection (12)(g) as
1224 the individual performs the task.
1225 (13) "Practice of practical nursing" means the performance of nursing acts in the
1226 generally recognized scope of practice of licensed practical nurses as defined by division rule
1227 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as
1228 provided in this Subsection (13) by an individual licensed under this chapter as a licensed
1229 practical nurse and under the direction of a registered nurse, licensed physician, or other
1230 specified health care professional as defined by division rule made in accordance with Title
1231 63G, Chapter 3, Utah Administrative Rulemaking Act. Practical nursing acts include:
1232 (a) contributing to the assessment of the health status of individuals and groups;
1233 (b) participating in the development and modification of the strategy of care;
1234 (c) implementing appropriate aspects of the strategy of care;
1235 (d) maintaining safe and effective nursing care rendered to a patient directly or
1236 indirectly; and
1237 (e) participating in the evaluation of responses to interventions.
1238 (14) "Practice of registered nursing" means performing acts of nursing as provided in
1239 this Subsection (14) by an individual licensed under this chapter as a registered nurse within
1240 the generally recognized scope of practice of registered nurses as defined by division rule made
1241 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Registered
1242 nursing acts include:
1243 (a) assessing the health status of individuals and groups;
1244 (b) identifying health care needs;
1245 (c) establishing goals to meet identified health care needs;
1246 (d) planning a strategy of care;
1247 (e) prescribing nursing interventions to implement the strategy of care;
1248 (f) implementing the strategy of care;
1249 (g) maintaining safe and effective nursing care that is rendered to a patient directly or
1250 indirectly;
1251 (h) evaluating responses to interventions;
1252 (i) teaching the theory and practice of nursing; and
1253 (j) managing and supervising the practice of nursing.
1254 (15) "Registered nurse apprentice" means an individual licensed under Subsection
1255 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the
1256 indirect supervision of an individual licensed under:
1257 (a) Subsection 58-31b-301(2)(c), (e), or (f);
1258 (b) Chapter 67, Utah Medical Practice Act; or
1259 (c) Chapter 68, Utah Osteopathic Medical Practice Act.
1260 (16) "Routine medications":
1261 (a) means established medications administered to a medically stable individual as
1262 determined by a licensed health care practitioner or in consultation with a licensed medical
1263 practitioner; and
1264 (b) is limited to medications that are administered by the following routes:
1265 (i) oral;
1266 (ii) sublingual;
1267 (iii) buccal;
1268 (iv) eye;
1269 (v) ear;
1270 (vi) nasal;
1271 (vii) rectal;
1272 (viii) vaginal;
1273 (ix) skin ointments, topical including patches and transdermal;
1274 (x) premeasured medication delivered by aerosol/nebulizer; and
1275 (xi) medications delivered by metered hand-held inhalers.
1276 (17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
1277 and 58-31b-501.
1278 (18) "Unlicensed assistive personnel" means any unlicensed individual, regardless of
1279 title, who is delegated a task by a licensed nurse as permitted by division rule made in
1280 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards
1281 of the profession.
1282 (19) "Unprofessional conduct" means the same as that term is defined in Sections
1283 58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance
1284 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1285 Section 15. Section 58-31b-502 is amended to read:
1286 58-31b-502. Unprofessional conduct.
1287 (1) "Unprofessional conduct" includes:
1288 (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
1289 diagnosis, personal effects, or any other matter about which the licensee is privileged to know
1290 because of the licensee's or person with a certification's position or practice as a nurse or
1291 practice as a medication aide certified;
1292 (b) failure to provide nursing service or service as a medication aide certified in a
1293 manner that demonstrates respect for the patient's human dignity and unique personal character
1294 and needs without regard to the patient's race, religion, ethnic background, socioeconomic
1295 status, age, sex, or the nature of the patient's health problem;
1296 (c) engaging in sexual relations with a patient during any:
1297 (i) period when a generally recognized professional relationship exists between the
1298 person licensed or certified under this chapter and the patient; or
1299 (ii) extended period when a patient has reasonable cause to believe a professional
1300 relationship exists between the person licensed or certified under the provisions of this chapter
1301 and the patient;
1302 (d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
1303 information about a patient or exploiting the licensee's or the person with a certification's
1304 professional relationship between the licensee or holder of a certification under this chapter and
1305 the patient; or
1306 (ii) exploiting the patient by use of the licensee's or person with a certification's
1307 knowledge of the patient obtained while acting as a nurse or a medication aide certified;
1308 (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
1309 (f) unauthorized taking or personal use of nursing supplies from an employer;
1310 (g) unauthorized taking or personal use of a patient's personal property;
1311 (h) unlawful or inappropriate delegation of nursing care;
1312 (i) failure to exercise appropriate supervision of persons providing patient care services
1313 under supervision of the licensed nurse;
1314 (j) employing or aiding and abetting the employment of an unqualified or unlicensed
1315 person to practice as a nurse;
1316 (k) failure to file or record any medical report as required by law, impeding or
1317 obstructing the filing or recording of such a report, or inducing another to fail to file or record
1318 such a report;
1319 (l) breach of a statutory, common law, regulatory, or ethical requirement of
1320 confidentiality with respect to a person who is a patient, unless ordered by a court;
1321 (m) failure to pay a penalty imposed by the division;
1322 [
1323
1324 [
1325 [
1326 Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
1327 if applicable;
1328 [
1329 conceal:
1330 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
1331 or an individual under the direction or control of an individual licensed under this chapter; or
1332 (ii) conduct described in Subsections (1)(a) through [
1333 58-1-501(1); or
1334 [
1335 Act.
1336 (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
1337 61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, or acting as
1338 a limited medical provider, as those terms are defined in Section 26-61a-102, recommending
1339 the use of medical cannabis.
1340 (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
1341 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
1342 unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
1343 Section 16. Section 58-31b-803 is amended to read:
1344 58-31b-803. Advanced practice registered nurse prescriptive authority.
1345 (1) Except as provided in Subsection (2), a licensed advanced practice registered nurse
1346 may prescribe or administer a Schedule II controlled substance.
1347 (2) This section does not apply to an advanced practice registered nurse specializing as
1348 a certified registered nurse anesthetist under Subsection 58-31b-102(11)(d).
1349 [
1350
1351 [
1352
1353
1354 [
1355 [
1356
1357 [
1358
1359 [
1360
1361 [
1362 [
1363 [
1364
1365 [
1366
1367 [
1368 [
1369 [
1370
1371 [
1372
1373 Section 17. Section 58-53-302 is amended to read:
1374 58-53-302. Qualifications for licensure.
1375 (1) Each applicant for licensure as a landscape architect shall:
1376 (a) submit an application in a form prescribed by the division;
1377 (b) pay a fee as determined by the department under Section 63J-1-504;
1378 [
1379 [
1380 landscape architecture program meeting criteria established by rule by the division in
1381 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1382 Rulemaking Act; or
1383 (ii) have completed not less than eight years of supervised practical experience in
1384 landscape architecture which meets the requirements established by rule by the division in
1385 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1386 Rulemaking Act; and
1387 [
1388 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
1389 Rulemaking Act.
1390 (2) Satisfactory completion of each year of a landscape architectural program described
1391 in Subsection [
1392 Subsection [
1393 Section 18. Section 58-54-302 is amended to read:
1394 58-54-302. Requirements for licensure.
1395 (1) Each applicant for licensure as a radiologic technologist, radiology assistant, or
1396 radiology practical technician shall:
1397 (a) submit an application in a form prescribed by the division in collaboration with the
1398 board; and
1399 (b) pay a fee as determined by the department pursuant to Section 63J-1-504.
1400 (2) Each applicant for licensure as a radiologic technologist shall, in addition to the
1401 requirements of Subsection (1):
1402 (a) be a graduate of an accredited educational program in radiologic technology or
1403 certified by the American Registry of Radiologic Technologists or any equivalent educational
1404 program approved by the division in collaboration with the board; and
1405 (b) have passed an examination approved by the division in collaboration with the
1406 board.
1407 (3) Each applicant for licensure as a radiology practical technician shall, in addition to
1408 the requirements of Subsection (1), have passed a basic examination and one or more specialty
1409 examinations that are competency based, using a task analysis of the scope of practice of
1410 radiology practical technicians in the state. The basic examination and the specialty
1411 examination shall be approved by the division in collaboration with the board and the licensing
1412 board of the profession within which the radiology practical technician will be practicing.
1413 [
1414
1415 [
1416 [
1417 [
1418 licensure as a radiologist assistant shall:
1419 (i) meet the requirements of Subsections (1) and (2);
1420 (ii) have a Bachelor of Science degree; and
1421 (iii) be certified as:
1422 (A) a radiologist assistant by the American Registry of Radiologic Technologists; or
1423 (B) a radiology practitioner assistant by the Certification Board of Radiology
1424 Practitioner Assistants.
1425 (b) An individual who meets the requirements of Subsections [
1426 (iii), but not Subsection [
1427 this chapter until May 31, 2013, at which time, the individual must have completed the
1428 Bachelor of Science degree in order to retain the license of radiologist assistant.
1429 Section 19. Section 58-55-102 is amended to read:
1430 58-55-102. Definitions.
1431 In addition to the definitions in Section 58-1-102, as used in this chapter:
1432 (1) (a) "Alarm business" or "alarm company" means a person engaged in the sale,
1433 installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm
1434 system, except as provided in Subsection (1)(b).
1435 (b) "Alarm business" or "alarm company" does not include:
1436 (i) a person engaged in the manufacture or sale of alarm systems unless:
1437 (A) that person is also engaged in the installation, maintenance, alteration, repair,
1438 replacement, servicing, or monitoring of alarm systems;
1439 (B) the manufacture or sale occurs at a location other than a place of business
1440 established by the person engaged in the manufacture or sale; or
1441 (C) the manufacture or sale involves site visits at the place or intended place of
1442 installation of an alarm system; or
1443 (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
1444 is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
1445 of the alarm system owned by that owner.
1446 (2) "Alarm company agent":
1447 (a) except as provided in Subsection (2)(b), means any individual employed within this
1448 state by an alarm business; and
1449 (b) does not include an individual who:
1450 (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
1451 servicing, or monitoring of an alarm system; and
1452 (ii) does not, during the normal course of the individual's employment with an alarm
1453 business, use or have access to sensitive alarm system information.
1454 (3) "Alarm company officer" means:
1455 (a) a governing person, as defined in Section 48-3a-102, of an alarm company;
1456 (b) an individual appointed as an officer of an alarm company that is a corporation in
1457 accordance with Section 16-10a-830;
1458 (c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
1459 (d) a partner, as defined in Section 48-1d-102, of an alarm company.
1460 (4) "Alarm company owner" means:
1461 (a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
1462 through an entity controlled by the individual, 5% or more of the outstanding shares of an
1463 alarm company that:
1464 (i) is a corporation; and
1465 (ii) is not publicly listed or traded; or
1466 (b) an individual who owns directly, or indirectly through an entity controlled by the
1467 individual, 5% or more of the equity of an alarm company that is not a corporation.
1468 (5) "Alarm company proprietor" means the sole proprietor of an alarm company that is
1469 registered as a sole proprietorship with the Division of Corporations and Commercial Code.
1470 (6) "Alarm company trustee" means an individual with control of or power of
1471 administration over property held in trust.
1472 [
1473 of:
1474 (i) detecting and signaling unauthorized intrusion or entry into or onto certain
1475 premises; or
1476 (ii) signaling a robbery or attempted robbery on protected premises.
1477 (b) "Alarm system" includes a battery-charged suspended-wire system or fence that is
1478 part of and interfaces with an alarm system for the purposes of detecting and deterring
1479 unauthorized intrusion or entry into or onto certain premises.
1480 [
1481 apprentice electrician who is learning the electrical trade under the immediate supervision of a
1482 master electrician, residential master electrician, a journeyman electrician, or a residential
1483 journeyman electrician.
1484 [
1485 apprentice plumber who is learning the plumbing trade under the immediate supervision of a
1486 master plumber, residential master plumber, journeyman plumber, or a residential journeyman
1487 plumber.
1488 [
1489 courses under a program established under Subsection 58-55-302.5(2).
1490 [
1491 Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
1492 Contractors, or the Utah Home Builders Association, and that meets the requirements
1493 established by rule by the commission with the concurrence of the director, to teach the
1494 25-hour course described in Subsection 58-55-302(1)(e)(iii).
1495 (b) "Approved prelicensure course provider" may only include a provider that, in
1496 addition to any other locations, offers the 25-hour course described in Subsection
1497 58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
1498 County, Utah County, Davis County, or Weber County.
1499 [
1500 Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
1501 [
1502 (a) piping and components with a means for conveying, either continuously or
1503 intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
1504 appliance;
1505 (b) the electric control and combustion air supply and venting systems, including air
1506 ducts; and
1507 (c) components intended to achieve control of quantity, flow, and pressure.
1508 [
1509 Section 58-55-103.
1510 [
1511 (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
1512 to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
1513 or other project, development, or improvement to other than personal property; and
1514 (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
1515 defined in Section 15A-1-302; or
1516 (b) installation or repair of a residential or commercial natural gas appliance or
1517 combustion system.
1518 [
1519 to teach one or more construction trades in both a classroom and project environment, where a
1520 project is intended for sale to or use by the public and is completed under the direction of the
1521 instructor, who has no economic interest in the project.
1522 [
1523 as an employee undertakes any work in the construction, plumbing, or electrical trade for
1524 which licensure is required under this chapter and includes:
1525 (i) a person who builds any structure on the person's own property for the purpose of
1526 sale or who builds any structure intended for public use on the person's own property;
1527 (ii) any person who represents that the person is a contractor, or will perform a service
1528 described in this Subsection (13), by advertising on a website or social media, or any other
1529 means;
1530 (iii) any person engaged as a maintenance person, other than an employee, who
1531 regularly engages in activities set forth under the definition of "construction trade";
1532 (iv) any person engaged in, or offering to engage in, any construction trade for which
1533 licensure is required under this chapter; or
1534 (v) a construction manager, construction consultant, construction assistant, or any other
1535 person who, for a fee:
1536 (A) performs or offers to perform construction consulting;
1537 (B) performs or offers to perform management of construction subcontractors;
1538 (C) provides or offers to provide a list of subcontractors or suppliers; or
1539 (D) provides or offers to provide management or counseling services on a construction
1540 project.
1541 (b) "Contractor" does not include:
1542 (i) an alarm company or alarm company agent; or
1543 (ii) a material supplier who provides consulting to customers regarding the design and
1544 installation of the material supplier's products.
1545 [
1546 in the installation, construction, alteration, change, repair, removal, or maintenance of facilities,
1547 buildings, or appendages or appurtenances.
1548 (b) "Electrical trade" does not include:
1549 (i) transporting or handling electrical materials;
1550 (ii) preparing clearance for raceways for wiring;
1551 (iii) work commonly done by unskilled labor on any installations under the exclusive
1552 control of electrical utilities;
1553 (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
1554 hazard; or
1555 (v) work involving class two or class three power-limited circuits as defined in the
1556 National Electrical Code.
1557 [
1558 except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or
1559 an incline platform lift.
1560 [
1561 under this chapter that is engaged in the business of erecting, constructing, installing, altering,
1562 servicing, repairing, or maintaining an elevator.
1563 [
1564 as an elevator mechanic and who is engaged in erecting, constructing, installing, altering,
1565 servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator
1566 contractor.
1567 [
1568 consideration to the definition adopted by the Internal Revenue Service and the Department of
1569 Workforce Services.
1570 [
1571 (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
1572 in a construction trade; or
1573 (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
1574 to believe one is or will act as a contractor.
1575 [
1576 expected future condition of financial solvency evidencing a reasonable expectation to the
1577 division and the board that an applicant or licensee can successfully engage in business as a
1578 contractor without jeopardy to the public health, safety, and welfare.
1579 (b) Financial responsibility may be determined by an evaluation of the total history
1580 concerning the licensee or applicant including past, present, and expected condition and record
1581 of financial solvency and business conduct.
1582 [
1583 heat, power, steam, hot water, refrigeration, or air conditioning.
1584 [
1585 chapter as a general building contractor qualified by education, training, experience, and
1586 knowledge to perform or superintend construction of structures for the support, shelter, and
1587 enclosure of persons, animals, chattels, or movable property of any kind or any of the
1588 components of that construction except plumbing, electrical work, mechanical work, work
1589 related to the operating integrity of an elevator, and manufactured housing installation, for
1590 which the general building contractor shall employ the services of a contractor licensed in the
1591 particular specialty, except that a general building contractor engaged in the construction of
1592 single-family and multifamily residences up to four units may perform the mechanical work
1593 and hire a licensed plumber or electrician as an employee.
1594 (b) The division may by rule exclude general building contractors from engaging in the
1595 performance of other construction specialties in which there is represented a substantial risk to
1596 the public health, safety, and welfare, and for which a license is required unless that general
1597 building contractor holds a valid license in that specialty classification.
1598 [
1599 chapter as a general electrical contractor qualified by education, training, experience, and
1600 knowledge to perform the fabrication, construction, and installation of generators,
1601 transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or
1602 apparatus that uses electrical energy.
1603 (b) The scope of work of a general electrical contractor may be further defined by rules
1604 made by the commission, with the concurrence of the director, in accordance with Title 63G,
1605 Chapter 3, Utah Administrative Rulemaking Act.
1606 [
1607 chapter as a general engineering contractor qualified by education, training, experience, and
1608 knowledge to perform or superintend construction of fixed works or components of fixed
1609 works requiring specialized engineering knowledge and skill in any of the following:
1610 (i) irrigation;
1611 (ii) drainage;
1612 (iii) water power;
1613 (iv) water supply;
1614 (v) flood control;
1615 (vi) an inland waterway;
1616 (vii) a harbor;
1617 (viii) a railroad;
1618 (ix) a highway;
1619 (x) a tunnel;
1620 (xi) an airport;
1621 (xii) an airport runway;
1622 (xiii) a sewer;
1623 (xiv) a bridge;
1624 (xv) a refinery;
1625 (xvi) a pipeline;
1626 (xvii) a chemical plant;
1627 (xviii) an industrial plant;
1628 (xix) a pier;
1629 (xx) a foundation;
1630 (xxi) a power plant; or
1631 (xxii) a utility plant or installation.
1632 (b) A general engineering contractor may not perform or superintend:
1633 (i) construction of a structure built primarily for the support, shelter, and enclosure of
1634 persons, animals, and chattels; or
1635 (ii) performance of:
1636 (A) plumbing work;
1637 (B) electrical work; or
1638 (C) mechanical work.
1639 [
1640 chapter as a general plumbing contractor qualified by education, training, experience, and
1641 knowledge to perform the fabrication or installation of material and fixtures to create and
1642 maintain sanitary conditions in a building by providing permanent means for a supply of safe
1643 and pure water, a means for the timely and complete removal from the premises of all used or
1644 contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life
1645 and the occupation of such premises, and a safe and adequate supply of gases for lighting,
1646 heating, and industrial purposes.
1647 (b) The scope of work of a general plumbing contractor may be further defined by rules
1648 made by the commission, with the concurrence of the director, in accordance with Title 63G,
1649 Chapter 3, Utah Administrative Rulemaking Act.
1650 [
1651 and evaluation of the work of a person:
1652 (a) as the division specifies in rule;
1653 (b) by, as applicable, a qualified electrician or plumber;
1654 (c) as part of a planned program of training; and
1655 (d) to ensure that the end result complies with applicable standards.
1656 [
1657 [
1658 journeyman electrician having the qualifications, training, experience, and knowledge to wire,
1659 install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
1660 [
1661 journeyman plumber having the qualifications, training, experience, and technical knowledge
1662 to engage in the plumbing trade.
1663 [
1664 electrician having the qualifications, training, experience, and knowledge to properly plan,
1665 layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
1666 for light, heat, power, and other purposes.
1667 [
1668 plumber having the qualifications, training, experience, and knowledge to properly plan and
1669 layout projects and supervise persons in the plumbing trade.
1670 [
1671 corporation, limited liability company, association, or organization of any type.
1672 [
1673 pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
1674 buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and
1675 fittings for the:
1676 (i) delivery of the water supply;
1677 (ii) discharge of liquid and water carried waste;
1678 (iii) building drainage system within the walls of the building; and
1679 (iv) delivery of gases for lighting, heating, and industrial purposes.
1680 (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
1681 fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
1682 safe and adequate supply of gases, together with their devices, appurtenances, and connections
1683 where installed within the outside walls of the building.
1684 [
1685 licensed electrician apprentices that are allowed to be under the immediate supervision of a
1686 licensed supervisor as established by the provisions of this chapter and by rules made by the
1687 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1688 Utah Administrative Rulemaking Act.
1689 [
1690 under this chapter as a residential and small commercial contractor qualified by education,
1691 training, experience, and knowledge to perform or superintend the construction of
1692 single-family residences, multifamily residences up to four units, and commercial construction
1693 of not more than three stories above ground and not more than 20,000 square feet, or any of the
1694 components of that construction except plumbing, electrical work, mechanical work, and
1695 manufactured housing installation, for which the residential and small commercial contractor
1696 shall employ the services of a contractor licensed in the particular specialty, except that a
1697 residential and small commercial contractor engaged in the construction of single-family and
1698 multifamily residences up to four units may perform the mechanical work and hire a licensed
1699 plumber or electrician as an employee.
1700 [
1701 journeyman plumber and residential master plumber, means a single or multiple family
1702 dwelling of up to four units.
1703 [
1704 chapter as a residential electrical contractor qualified by education, training, experience, and
1705 knowledge to perform the fabrication, construction, and installation of services, disconnecting
1706 means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
1707 appliances, and fixtures in a residential unit.
1708 (b) The scope of work of a residential electrical contractor may be further defined by
1709 rules made by the commission, with the concurrence of the director, in accordance with Title
1710 63G, Chapter 3, Utah Administrative Rulemaking Act.
1711 [
1712 chapter as a residential journeyman electrician having the qualifications, training, experience,
1713 and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat,
1714 power, and other purposes on buildings using primarily nonmetallic sheath cable.
1715 [
1716 chapter as a residential journeyman plumber having the qualifications, training, experience, and
1717 knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.
1718 [
1719 as a residential master electrician having the qualifications, training, experience, and
1720 knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
1721 electrical apparatus and equipment for light, heat, power, and other purposes on residential
1722 projects.
1723 [
1724 a residential master plumber having the qualifications, training, experience, and knowledge to
1725 properly plan and layout projects and supervise persons in the plumbing trade as limited to the
1726 plumbing of residential buildings.
1727 [
1728 chapter as a residential plumbing contractor qualified by education, training, experience, and
1729 knowledge to perform the fabrication or installation of material and fixtures to create and
1730 maintain sanitary conditions in residential buildings by providing permanent means for a
1731 supply of safe and pure water, a means for the timely and complete removal from the premises
1732 of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
1733 incidental to life and the occupation of such premises, and a safe and adequate supply of gases
1734 for lighting, heating, and residential purposes.
1735 (b) The scope of work of a residential plumbing contractor may be further defined by
1736 rules made by the commission, with the concurrence of the director, in accordance with Title
1737 63G, Chapter 3, Utah Administrative Rulemaking Act.
1738 [
1739 means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
1740 rules and regulations governing this work, including the National Electrical Code, and in which
1741 the voltage does not exceed 250 volts line to line and 125 volts to ground.
1742 (48) "Responsible management personnel" means:
1743 (a) a qualifying agent;
1744 (b) an operations manager; or
1745 (c) a site manager.
1746 [
1747 (a) a pass code or other code used in the operation of an alarm system;
1748 (b) information on the location of alarm system components at the premises of a
1749 customer of the alarm business providing the alarm system;
1750 (c) information that would allow the circumvention, bypass, deactivation, or other
1751 compromise of an alarm system of a customer of the alarm business providing the alarm
1752 system; and
1753 (d) any other similar information that the division by rule determines to be information
1754 that an individual employed by an alarm business should use or have access to only if the
1755 individual is licensed as provided in this chapter.
1756 [
1757 a specialty contractor classification established by rule, who is qualified by education, training,
1758 experience, and knowledge to perform those construction trades and crafts requiring
1759 specialized skill, the regulation of which are determined by the division to be in the best
1760 interest of the public health, safety, and welfare.
1761 (b) A specialty contractor may perform work in crafts or trades other than those in
1762 which the specialty contractor is licensed if they are incidental to the performance of the
1763 specialty contractor's licensed craft or trade.
1764 [
1765 (a) an individual;
1766 (b) a corporation; or
1767 (c) publicly traded.
1768 [
1769 58-1-501 and 58-55-501.
1770 [
1771 Sections 58-1-501 and 58-55-502 and as may be further defined by rule.
1772 [
1773 the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
1774 calculating the amount.
1775 Section 20. Section 58-55-302 is amended to read:
1776 58-55-302. Qualifications for licensure.
1777 (1) Each applicant for a license under this chapter shall:
1778 (a) submit an application prescribed by the division;
1779 (b) pay a fee as determined by the department under Section 63J-1-504;
1780 (c) meet the examination requirements established by this section and by rule by the
1781 commission with the concurrence of the director, which requirements include:
1782 (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
1783 contractor, no division-administered examination is required;
1784 (ii) for licensure as a general building contractor, general engineering contractor,
1785 residential and small commercial contractor, general plumbing contractor, residential plumbing
1786 contractor, general electrical contractor, or residential electrical contractor, the only required
1787 division-administered examination is a division-administered examination that covers
1788 information from the 25-hour course described in Subsection (1)(e)(iii), which course may
1789 have been previously completed as part of applying for any other license under this chapter,
1790 and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
1791 course described in Subsection (1)(e)(iv); and
1792 (iii) if required in Section 58-55-304, an individual qualifier must pass the required
1793 division-administered examination if the applicant is a business entity;
1794 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
1795 (e) if an applicant for a contractor's license:
1796 (i) produce satisfactory evidence of financial responsibility, except for a construction
1797 trades instructor for whom evidence of financial responsibility is not required;
1798 (ii) produce satisfactory evidence of:
1799 (A) except as provided in Subsection (2)(a), and except that no employment experience
1800 is required for licensure as a specialty contractor, two years full-time paid employment
1801 experience in the construction industry, which employment experience, unless more
1802 specifically described in this section, may be related to any contracting classification and does
1803 not have to include supervisory experience; and
1804 (B) knowledge of the principles of the conduct of business as a contractor, reasonably
1805 necessary for the protection of the public health, safety, and welfare;
1806 (iii) except as otherwise provided by rule by the commission with the concurrence of
1807 the director, complete a 25-hour course established by rule by the commission with the
1808 concurrence of the director, which is taught by an approved prelicensure course provider, and
1809 which course may include:
1810 (A) construction business practices;
1811 (B) bookkeeping fundamentals;
1812 (C) mechanics lien fundamentals;
1813 (D) other aspects of business and construction principles considered important by the
1814 commission with the concurrence of the director; and
1815 (E) for no additional fee, a provider-administered examination at the end of the
1816 25-hour course;
1817 (iv) complete a five-hour business and law course established by rule by the
1818 commission with the concurrence of the director, which is taught by an approved prelicensure
1819 course provider, if an applicant for licensure as a general building contractor, general
1820 engineering contractor, residential and small commercial contractor, general plumbing
1821 contractor, residential plumbing contractor, general electrical contractor, or residential
1822 electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
1823 completed before July 1, 2019, the applicant does not need to take the business and law course;
1824 (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
1825 license or a licensed master residential electrician if an applicant for a residential electrical
1826 contractor's license;
1827 (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
1828 a licensed master residential plumber if an applicant for a residential plumbing contractor's
1829 license; or
1830 (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
1831 experience as an elevator mechanic if an applicant for an elevator contractor's license; and
1832 (vi) when the applicant is an unincorporated entity, provide a list of the one or more
1833 individuals who hold an ownership interest in the applicant as of the day on which the
1834 application is filed that includes for each individual:
1835 (A) the individual's name, address, birth date, and social security number or other
1836 satisfactory evidence of the applicant's identity permitted under rules made by the division in
1837 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1838 (B) whether the individual will engage in a construction trade; and
1839 (f) if an applicant for a construction trades instructor license, satisfy any additional
1840 requirements established by rule.
1841 (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
1842 building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
1843 evidence of two years full-time paid employment experience as a building inspector, which
1844 shall include at least one year full-time experience as a licensed combination inspector.
1845 (b) The applicant shall file the following with the division before the division issues
1846 the license:
1847 (i) proof of workers' compensation insurance which covers employees of the applicant
1848 in accordance with applicable Utah law;
1849 (ii) proof of public liability insurance in coverage amounts and form established by rule
1850 except for a construction trades instructor for whom public liability insurance is not required;
1851 and
1852 (iii) proof of registration as required by applicable law with the:
1853 (A) Department of Commerce;
1854 (B) Division of Corporations and Commercial Code;
1855 (C) Unemployment Insurance Division in the Department of Workforce Services, for
1856 purposes of Title 35A, Chapter 4, Employment Security Act;
1857 (D) State Tax Commission; and
1858 (E) Internal Revenue Service.
1859 (3) In addition to the general requirements for each applicant in Subsection (1),
1860 applicants shall comply with the following requirements to be licensed in the following
1861 classifications:
1862 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
1863 (A) has been a licensed journeyman plumber for at least two years and had two years of
1864 supervisory experience as a licensed journeyman plumber in accordance with division rule;
1865 (B) has received at least an associate of applied science degree or similar degree
1866 following the completion of a course of study approved by the division and had one year of
1867 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
1868 (C) meets the qualifications for expedited licensure as established by rules made by the
1869 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1870 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1871 and skills to be a licensed master plumber.
1872 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
1873 least four years of practical experience as a licensed apprentice under the supervision of a
1874 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
1875 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
1876 master plumber license under this chapter, and satisfies the requirements of this Subsection
1877 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
1878 (iii) An individual holding a valid plumbing contractor's license or residential
1879 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
1880 2008:
1881 (A) considered to hold a current master plumber license under this chapter if licensed
1882 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
1883 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
1884 58-55-303; and
1885 (B) considered to hold a current residential master plumber license under this chapter if
1886 licensed as a residential plumbing contractor and a residential journeyman plumber, and
1887 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
1888 that license under Section 58-55-303.
1889 (b) A master residential plumber applicant shall produce satisfactory evidence that the
1890 applicant:
1891 (i) has been a licensed residential journeyman plumber for at least two years and had
1892 two years of supervisory experience as a licensed residential journeyman plumber in
1893 accordance with division rule; or
1894 (ii) meets the qualifications for expedited licensure as established by rules made by the
1895 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1896 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1897 and skills to be a licensed master residential plumber.
1898 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
1899 (i) successful completion of the equivalent of at least four years of full-time training
1900 and instruction as a licensed apprentice plumber under supervision of a licensed master
1901 plumber or journeyman plumber and in accordance with a planned program of training
1902 approved by the division;
1903 (ii) at least eight years of full-time experience approved by the division in collaboration
1904 with the Plumbers Licensing Board; or
1905 (iii) meeting the qualifications for expedited licensure as established by rules made by
1906 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1907 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1908 and skills to be a licensed journeyman plumber.
1909 (d) A residential journeyman plumber shall produce satisfactory evidence of:
1910 (i) completion of the equivalent of at least three years of full-time training and
1911 instruction as a licensed apprentice plumber under the supervision of a licensed residential
1912 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
1913 accordance with a planned program of training approved by the division;
1914 (ii) completion of at least six years of full-time experience in a maintenance or repair
1915 trade involving substantial plumbing work; or
1916 (iii) meeting the qualifications for expedited licensure as established by rules made by
1917 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1918 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1919 and skills to be a licensed residential journeyman plumber.
1920 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
1921 in accordance with the following:
1922 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
1923 under the immediate supervision of a licensed master plumber, licensed residential master
1924 plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
1925 (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
1926 apprentice plumber may work without supervision for a period not to exceed eight hours in any
1927 24-hour period; and
1928 (iii) rules made by the commission, with the concurrence of the director, in accordance
1929 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
1930 apprentices allowed under the immediate supervision of a licensed supervisor, including the
1931 ratio of apprentices in their fourth year of training or later that are allowed to be under the
1932 immediate supervision of a licensed supervisor.
1933 (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
1934 (i) is a graduate electrical engineer of an accredited college or university approved by
1935 the division and has one year of practical electrical experience as a licensed apprentice
1936 electrician;
1937 (ii) is a graduate of an electrical trade school, having received an associate of applied
1938 sciences degree following successful completion of a course of study approved by the division,
1939 and has two years of practical experience as a licensed journeyman electrician;
1940 (iii) has four years of practical experience as a journeyman electrician; or
1941 (iv) meets the qualifications for expedited licensure as established by rules made by the
1942 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1943 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1944 and skills to be a licensed master electrician.
1945 (g) A master residential electrician applicant shall produce satisfactory evidence that
1946 the applicant:
1947 (i) has at least two years of practical experience as a residential journeyman electrician;
1948 or
1949 (ii) meets the qualifications for expedited licensure as established by rules made by the
1950 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1951 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1952 and skills to be a master residential electrician.
1953 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
1954 applicant:
1955 (i) has successfully completed at least four years of full-time training and instruction as
1956 a licensed apprentice electrician under the supervision of a master electrician or journeyman
1957 electrician and in accordance with a planned training program approved by the division;
1958 (ii) has at least eight years of full-time experience approved by the division in
1959 collaboration with the Electricians Licensing Board; or
1960 (iii) meets the qualifications for expedited licensure as established by rules made by the
1961 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1962 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1963 and skills to be a licensed journeyman electrician.
1964 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
1965 that the applicant:
1966 (i) has successfully completed two years of training in an electrical training program
1967 approved by the division;
1968 (ii) has four years of practical experience in wiring, installing, and repairing electrical
1969 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
1970 journeyman, residential master, or residential journeyman electrician; or
1971 (iii) meets the qualifications for expedited licensure as established by rules made by the
1972 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1973 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
1974 and skills to be a licensed residential journeyman electrician.
1975 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
1976 be in accordance with the following:
1977 (i) A licensed apprentice electrician shall be under the immediate supervision of a
1978 licensed master, journeyman, residential master, or residential journeyman electrician;
1979 (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
1980 apprentice electrician may work without supervision for a period not to exceed eight hours in
1981 any 24-hour period;
1982 (iii) rules made by the commission, with the concurrence of the director, in accordance
1983 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
1984 apprentices allowed under the immediate supervision of a licensed supervisor, including the
1985 ratio of apprentices in their fourth year of training or later that are allowed to be under the
1986 immediate supervision of a licensed supervisor; and
1987 (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
1988 residential project, or more if established by rules made by the commission, in concurrence
1989 with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1990 Act.
1991 (k) An alarm company applicant shall:
1992 (i) have a qualifying agent who:
1993 (A) is an [
1994 company officer, alarm company owner, alarm company proprietor, or an alarm company
1995 trustee [
1996 [
1997 [
1998 alarm company business or in a construction business; and
1999 [
2000 with the concurrence of the director;
2001 (ii) provide the name, address, date of birth, social security number, fingerprint card,
2002 and consent to a background check in accordance with Section 58-55-302.1 and requirements
2003 established by division rule made in accordance with Title 63G, Chapter 3, Utah
2004 Administrative Rulemaking Act, for each alarm company officer, alarm company owner, alarm
2005 company proprietor, alarm company trustee, and responsible management personnel with direct
2006 responsibility for managing operations of the applicant within the state;
2007 [
2008 [
2009
2010
2011
2012 [
2013
2014
2015 [
2016 [
2017
2018
2019
2020 [
2021
2022 [
2023
2024
2025
2026 [
2027
2028
2029
2030 [
2031
2032
2033
2034 [
2035
2036
2037 (A) have been declared by any court of competent jurisdiction incompetent by reason
2038 of mental defect or disease and not been restored; or
2039 [
2040
2041
2042 dependence;
2043 [
2044 (A) comprehensive general liability insurance in form and in amounts to be established
2045 by rule by the commission with the concurrence of the director;
2046 (B) workers' compensation insurance that covers employees of the applicant in
2047 accordance with applicable Utah law; and
2048 (C) registration as is required by applicable law with the:
2049 (I) Division of Corporations and Commercial Code;
2050 (II) Unemployment Insurance Division in the Department of Workforce Services, for
2051 purposes of Title 35A, Chapter 4, Employment Security Act;
2052 (III) State Tax Commission; and
2053 (IV) Internal Revenue Service; and
2054 [
2055 (l) Each applicant for licensure as an alarm company agent shall:
2056 (i) submit an application in a form prescribed by the division accompanied by
2057 fingerprint cards;
2058 (ii) pay a fee determined by the department under Section 63J-1-504;
2059 (iii) submit to and pass a criminal background check in accordance with Section
2060 58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2061 Chapter 3, Utah Administrative Rulemaking Act;
2062 [
2063 by reason of mental defect or disease and not been restored;
2064 [
2065 or dependence; and
2066 [
2067 (m) (i) Each applicant for licensure as an elevator mechanic shall:
2068 (A) provide documentation of experience and education credits of not less than three
2069 years work experience in the elevator industry, in construction, maintenance, or service and
2070 repair; and
2071 (B) satisfactorily complete a written examination administered by the division
2072 established by rule under Section 58-1-203; or
2073 (C) provide certificates of completion of an apprenticeship program for elevator
2074 mechanics, having standards substantially equal to those of this chapter and registered with the
2075 United States Department of Labor Bureau Apprenticeship and Training or a state
2076 apprenticeship council.
2077 (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
2078 elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
2079 repairing, or maintaining an elevator, the contractor may:
2080 (I) notify the division of the unavailability of licensed personnel; and
2081 (II) request the division issue a temporary elevator mechanic license to an individual
2082 certified by the contractor as having an acceptable combination of documented experience and
2083 education to perform the work described in this Subsection (3)(m)(ii)(A).
2084 (B) (I) The division may issue a temporary elevator mechanic license to an individual
2085 certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
2086 the appropriate fee as determined by the department under Section 63J-1-504.
2087 (II) The division shall specify the time period for which the license is valid and may
2088 renew the license for an additional time period upon its determination that a shortage of
2089 licensed elevator mechanics continues to exist.
2090 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2091 division may make rules establishing when Federal Bureau of Investigation records shall be
2092 checked for applicants as an alarm company or alarm company agent under this section and
2093 Section 58-55-302.1.
2094 [
2095
2096
2097 [
2098
2099
2100
2101 [
2102
2103
2104 [
2105 [
2106
2107
2108
2109 [
2110
2111 [
2112
2113
2114 [
2115
2116
2117 [
2118
2119
2120
2121 [
2122 (i) the applicant has had a previous license, which was issued under this chapter,
2123 suspended or revoked within two years before the date of the applicant's application;
2124 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
2125 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
2126 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
2127 status, performing similar functions, or directly or indirectly controlling the applicant has
2128 served in any similar capacity with any person or entity which has had a previous license,
2129 which was issued under this chapter, suspended or revoked within two years before the date of
2130 the applicant's application;
2131 (iii) (A) the applicant is an individual or sole proprietorship; and
2132 (B) any owner or agent acting as a qualifier has served in any capacity listed in
2133 Subsection [
2134 was issued under this chapter, suspended or revoked within two years before the date of the
2135 applicant's application; or
2136 (iv) (A) the applicant includes an individual who was an owner, director, or officer of
2137 an unincorporated entity at the time the entity's license under this chapter was revoked; and
2138 (B) the application for licensure is filed within 60 months after the revocation of the
2139 unincorporated entity's license.
2140 (b) An application for licensure under this chapter shall be reviewed by the appropriate
2141 licensing board prior to approval if:
2142 (i) the applicant has had a previous license, which was issued under this chapter,
2143 suspended or revoked more than two years before the date of the applicant's application;
2144 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
2145 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
2146 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
2147 status, performing similar functions, or directly or indirectly controlling the applicant has
2148 served in any similar capacity with any person or entity which has had a previous license,
2149 which was issued under this chapter, suspended or revoked more than two years before the date
2150 of the applicant's application; or
2151 (iii) (A) the applicant is an individual or sole proprietorship; and
2152 (B) any owner or agent acting as a qualifier has served in any capacity listed in
2153 Subsection [
2154 was issued under this chapter, suspended or revoked more than two years before the date of the
2155 applicant's application.
2156 [
2157 status report with the division every 30 days after the day on which the license is issued if the
2158 licensee has more than five owners who are individuals who:
2159 (A) own an interest in the contractor that is an unincorporated entity;
2160 (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
2161 division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
2162 unincorporated entity; and
2163 (C) engage, or will engage, in a construction trade in the state as owners of the
2164 contractor described in Subsection [
2165 (ii) If the licensee has five or fewer owners described in Subsection [
2166 (6)(a)(i), the licensee shall provide the ownership status report with an application for renewal
2167 of licensure.
2168 (b) An ownership status report required under this Subsection [
2169 (i) specify each addition or deletion of an owner:
2170 (A) for the first ownership status report, after the day on which the unincorporated
2171 entity is licensed under this chapter; and
2172 (B) for a subsequent ownership status report, after the day on which the previous
2173 ownership status report is filed;
2174 (ii) be in a format prescribed by the division that includes for each owner, regardless of
2175 the owner's percentage ownership in the unincorporated entity, the information described in
2176 Subsection (1)(e)(vi);
2177 (iii) list the name of:
2178 (A) each officer or manager of the unincorporated entity; and
2179 (B) each other individual involved in the operation, supervision, or management of the
2180 unincorporated entity; and
2181 (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
2182 if the ownership status report indicates there is a change described in Subsection [
2183 (6)(b)(i).
2184 (c) The division may, at any time, audit an ownership status report under this
2185 Subsection [
2186 (i) to determine if financial responsibility has been demonstrated or maintained as
2187 required under Section 58-55-306; and
2188 (ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
2189 Subsection 58-55-502(8) or (9).
2190 [
2191 this chapter by providing an individual who owns an interest in the unincorporated entity to
2192 engage in a construction trade in Utah shall file with the division:
2193 (i) before the individual who owns an interest in the unincorporated entity engages in a
2194 construction trade in Utah, a current list of the one or more individuals who hold an ownership
2195 interest in the unincorporated entity that includes for each individual:
2196 (A) the individual's name, address, birth date, and social security number; and
2197 (B) whether the individual will engage in a construction trade; and
2198 (ii) every 30 days after the day on which the unincorporated entity provides the list
2199 described in Subsection [
2200 information that would be required under Subsection [
2201 were a licensed contractor.
2202 (b) When filing an ownership list described in Subsection [
2203 ownership status report described in Subsection [
2204 shall pay a fee set by the division in accordance with Section 63J-1-504.
2205 [
2206 implied independent contractor relationship between an unincorporated entity described in
2207 Subsection [
2208 purpose, including income tax withholding.
2209 [
2210 a private record under Subsection 63G-2-302(1)(i).
2211 (b) The division may designate an applicant's evidence of identity under Subsection
2212 (1)(e)(iv) as a private record in accordance with Section 63G-2-302.
2213 Section 21. Section 58-55-302.1 is enacted to read:
2214 58-55-302.1. Criminal background check.
2215 (1) An applicant for licensure under this chapter who requires a criminal background
2216 check shall:
2217 (a) submit fingerprint cards in a form acceptable to the division at the time the license
2218 application is filed; and
2219 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2220 Identification and the Federal Bureau of Investigation regarding the application.
2221 (2) The division shall:
2222 (a) in addition to other fees authorized by this chapter, collect from each applicant
2223 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2224 Identification is authorized to collect for the services provided under Section 53-10-108 and the
2225 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2226 obtaining federal criminal history record information;
2227 (b) submit from each applicant the fingerprint card and the fees described in
2228 Subsection (2)(a) to the Bureau of Criminal Identification; and
2229 (c) obtain and retain in division records a signed waiver approved by the Bureau of
2230 Criminal Identification in accordance with Section 53-10-108 for each applicant.
2231 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2232 Section 53-10-108:
2233 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2234 and regional criminal records databases;
2235 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2236 criminal history background check; and
2237 (c) provide the results from the state, regional, and nationwide criminal history
2238 background checks to the division.
2239 (4) For purposes of conducting a criminal background check required under this
2240 section, the division shall have direct access to criminal background information maintained
2241 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2242 (5) The division may not disseminate outside of the division any criminal history
2243 record information that the division obtains from the Bureau of Criminal Identification or the
2244 Federal Bureau of Investigation under the criminal background check requirements of this
2245 section.
2246 (6)(a) A new license issued under Subsection 58-55-302 is conditional pending
2247 completion of the criminal background check.
2248 (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
2249 criminal background check required in Section 58-55-302 demonstrates the applicant or the
2250 applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
2251 responsible management personnel has failed to accurately disclose a criminal history, the
2252 license is immediately and automatically revoked upon notice to the licensee by the division.
2253 (c) A person whose conditional license has been revoked under Subsection (6)(b) is
2254 entitled to a postrevocation hearing to challenge the revocation.
2255 (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
2256 Chapter 4, Administrative Procedures Act.
2257 Section 22. Section 58-55-303 is amended to read:
2258 58-55-303. Term of license -- Expiration -- Renewal.
2259 (1) (a) Each license issued under this chapter shall be issued in accordance with a
2260 two-year renewal cycle established by rule.
2261 (b) The division may by rule extend or shorten a renewal period by as much as one year
2262 to stagger the renewal cycle it administers.
2263 (c) (i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding
2264 Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a
2265 license is automatically suspended 60 days after the licensee:
2266 (A) becomes, after the time of licensing, an unincorporated entity that is subject to the
2267 ownership status report filing requirements of Subsection [
2268 58-55-302(6)(a)(i); or
2269 (B) transfers its license to an unincorporated entity that is subject to the ownership
2270 status report filing requirements of Subsection [
2271 (ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the
2272 expiration of the 60-day period in Subsection (1)(c)(i):
2273 (A) the licensee submits an application for renewal of the license; and
2274 (B) the division renews the licensee's license pursuant to the licensee's application for
2275 renewal.
2276 (iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i),
2277 the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
2278 make a final determination concerning the suspension.
2279 (2) At the time of renewal, the licensee shall show satisfactory evidence of:
2280 (a) continuing financial responsibility as required under Section 58-55-306;
2281 (b) for a contractor licensee, completion of six hours of approved continuing education,
2282 as required in Section 58-55-302.5; and
2283 (c) if the licensee is an apprentice electrician or plumber, journeyman electrician or
2284 plumber, master electrician or plumber, residential journeyman electrician or plumber, or
2285 residential master electrician or plumber, completion of the number of hours of continuing
2286 education specified under Section 58-55-302.7.
2287 (3) Each license automatically expires on the expiration date shown on the license
2288 unless the licensee renews the license in accordance with Section 58-1-308.
2289 (4) The requirements of Subsection [
2290 applicants seeking to renew or reinstate a license.
2291 (5) In addition to any other requirements imposed by law, if a license has been
2292 suspended or revoked for any reason, the applicant:
2293 (a) shall pay in full all fines imposed by the division;
2294 (b) resolve any outstanding citations or disciplinary actions with the division;
2295 (c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution;
2296 (d) complete a new financial responsibility review as required under Section
2297 58-55-306, using only titled assets; and
2298 (e) pay in full any reimbursement amount as provided in Title 38, Chapter 11,
2299 Residence Lien Restriction and Lien Recovery Fund Act.
2300 Section 23. Section 58-55-503 is amended to read:
2301 58-55-503. Penalty for unlawful conduct -- Citations.
2302 (1) As used in this section:
2303 (a) "Person" means, in reference to Subsection 58-55-504(2), an individual and does
2304 not include a sole proprietorship, joint venture, corporation, limited liability company,
2305 association, or organization of any type.
2306 (b) "Qualifying violation" means a violation under:
2307 (i) Subsection 58-55-308(2);
2308 (ii) Subsections 58-55-501(1) through (3), (9), (10), (12), (14), (16)(e), (18), or (20)
2309 through (28);
2310 (iii) Subsection 58-55-502(4)(a) or (11); or
2311 (iv) Subsection 58-55-504(2).
2312 (2) (a) [
2313 [
2314
2315 Subsection 58-55-504(2), or who fails to comply with a citation issued under this section after
2316 [
2317 [
2318
2319
2320 (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
2321 awarded and may not accept a contract for the performance of the work.
2322 [
2323 of:
2324 (a) an infraction [
2325 (b) if the violator did so with the intent to deprive the person to whom money is to be
2326 paid of the money received, [
2327 Section 76-6-412.
2328 [
2329 the commission include:
2330 (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
2331 58-55-501, or Subsection 58-55-504(2); and
2332 (b) the failure by a licensee to make application to, report to, or notify the division with
2333 respect to any matter for which application, notification, or reporting is required under this
2334 chapter or rules adopted under this chapter, including:
2335 (i) applying to the division for a new license to engage in a new specialty classification
2336 or to do business under a new form of organization or business structure;
2337 (ii) filing a current financial statement with the division; and
2338 (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
2339 [
2340 has [
2341
2342
2343 violated any rule or order issued with respect to [
2344 that disciplinary action is appropriate, the director or the director's designee from within the
2345 division shall:
2346 (A) promptly issue a citation to the person according to this chapter and any pertinent
2347 rules[
2348 (B) attempt to negotiate a stipulated settlement[
2349 (C) notify the person to appear before an adjudicative proceeding conducted under
2350 Title 63G, Chapter 4, Administrative Procedures Act.
2351 (ii) A person who [
2352
2353
2354 evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an
2355 adjudicative proceeding, may be assessed a fine [
2356 addition to or in lieu of, be ordered to cease and desist from [
2357
2358
2359 (iii) Except for a cease and desist order, the licensure sanctions cited in Section
2360 58-55-401 may not be assessed through a citation.
2361 (b) [
2362 (i) be in writing and describe with particularity the nature of the violation, including a
2363 reference to the provision of the chapter, rule, or order alleged to have been violated[
2364 (ii) [
2365 within 20 calendar days [
2366 if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4,
2367 Administrative Procedures Act[
2368 (iii) [
2369 citation or to make payment of any fines assessed by the citation within the time specified in
2370 the citation.
2371 (c) A citation issued under this section, or a copy of a citation, may be served upon a
2372 person upon whom a summons may be served:
2373 (i) in accordance with the Utah Rules of Civil Procedure;
2374 (ii) personally or upon the person's agent by a division investigator or by a person
2375 specially designated by the director; or
2376 (iii) by mail.
2377 (d) (i) If within 20 calendar days after the day on which a citation is served, the person
2378 to whom the citation was issued fails to request a hearing to contest the citation, the citation
2379 becomes the final order of the division and is not subject to further agency review.
2380 (ii) The period to contest a citation may be extended by the division for cause.
2381 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
2382 the license of a licensee who fails to comply with a citation after the citation becomes final.
2383 (f) The failure of an applicant for licensure to comply with a citation after the citation
2384 becomes final is a ground for denial of license.
2385 (g) A citation may not be issued under this section after the expiration of one year
2386 [
2387 the division.
2388 (h) (i) Except as provided in Subsections [
2389 director or the director's designee shall assess a fine in accordance with the following:
2390 (A) for a first offense handled [
2391 up to $1,000;
2392 (B) for a second offense handled [
2393 of up to $2,000; and
2394 (C) for any subsequent offense handled [
2395 fine of up to $2,000 for each day of continued offense.
2396 (ii) Except as provided in Subsection [
2397 58-55-501(16)(e) or (28), the director or the director's designee shall assess a fine in
2398 accordance with the following:
2399 (A) for a first offense handled [
2400 up to $2,000;
2401 (B) for a second offense handled [
2402 of up to $4,000; and
2403 (C) for any subsequent offense handled [
2404 a fine of up to $4,000 for each day of continued offense.
2405 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
2406 Subsection [
2407 (A) the division previously issued a final order determining that a person committed a
2408 first or second [
2409
2410
2411 (B) (I) the division initiated an action for a first or second offense;
2412 (II) a final order has not been issued by the division in the action initiated under
2413 Subsection [
2414 (III) the division determines during an investigation that occurred after the initiation of
2415 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
2416 [
2417
2418
2419 (IV) after determining that the person committed a second or subsequent [
2420 qualifying violation under Subsection (4)(i)(i)(B)(III), the division issues a final order on the
2421 action initiated under Subsection [
2422 (ii) In issuing a final order for a second or subsequent offense under Subsection
2423 [
2424 (j) In addition to any other licensure sanction or fine imposed under this section, the
2425 division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
2426 two or more times within a 12-month period, unless, with respect to a violation of Subsection
2427 58-55-501(23), the licensee can demonstrate that the licensee successfully verified the federal
2428 legal working status of the individual who was the subject of the violation using a status
2429 verification system, as defined in Section 13-47-102.
2430 (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
2431 for each individual is considered a separate violation.
2432 [
2433 as a subsequent violation of a previous violation if the violation occurs five years or more after
2434 the day on which the person committed the previous violation.
2435 [
2436 multiple of the same type of violation of Section 58-55-501, the division may treat each
2437 violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
2438 each violation.
2439 [
2440 deposited into the Commerce Service Account created by Section 13-1-2.
2441 (b) A penalty that is not paid may be collected by the director by either referring the
2442 matter to a collection agency or bringing an action in the district court of the county in which
2443 the person against whom the penalty is imposed resides or in the county where the office of the
2444 director is located.
2445 (c) A county attorney or the attorney general of the state shall provide legal assistance
2446 and advice to the director in an action to collect a penalty.
2447 (d) In an action brought to collect a penalty, the court shall award reasonable attorney
2448 fees and costs to the prevailing party.
2449 Section 24. Section 58-63-102 is amended to read:
2450 58-63-102. Definitions.
2451 In addition to the definitions in Section 58-1-102, as used in this chapter:
2452 (1) "Agreement for services" means a written and signed agreement between a security
2453 service provider and a client that:
2454 (a) contains clear language that addresses and assigns financial responsibility;
2455 (b) describes the length, duties, and scope of the security services that will be provided;
2456 and
2457 (c) describes the compensation that will be paid by the client for the security services,
2458 including the compensation for each security officer.
2459 (2) "Armed courier service" means a person engaged in business as a contract security
2460 company who transports or offers to transport tangible personal property from one place or
2461 point to another under the control of an armed security officer employed by that service.
2462 (3) "Armed private security officer" means an individual:
2463 (a) employed by a contract security company;
2464 (b) whose primary duty is:
2465 (i) guarding personal or real property; or
2466 (ii) providing protection or security to the life and well being of humans or animals;
2467 and
2468 (c) who wears, carries, possesses, or has immediate access to a firearm in the
2469 performance of the individual's duties.
2470 (4) "Armored car company" means a person engaged in business under contract to
2471 others who transports or offers to transport tangible personal property, currency, valuables,
2472 jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that
2473 require secured delivery from one place to another under the control of an armored car security
2474 officer employed by the company using a specially equipped motor vehicle offering a high
2475 degree of security.
2476 (5) "Armored car security officer" means an individual:
2477 (a) employed by an armored car company;
2478 (b) whose primary duty is to guard the tangible property, currency, valuables, jewelry,
2479 SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured
2480 delivery from one place to another; and
2481 (c) who wears, carries, possesses, or has immediate access to a firearm in the
2482 performance of the individual's duties.
2483 (6) "Board" means the Security Services Licensing Board created in Section
2484 58-63-201.
2485 (7) "Client" means a person, company, or entity that contracts for and receives security
2486 services from a contract security company or an armored car company.
2487 (8) "Contract security company" means a company that [
2488
2489 to another person, business, or entity on a contractual basis by assignment of an armed or
2490 unarmed private security officer.
2491 [
2492
2493 [
2494
2495 [
2496
2497 [
2498 (a) a governing person, as defined in Section 48-3a-102, of an armored car company or
2499 contract security company;
2500 (b) an individual appointed as an officer of an armored car company or contract
2501 security company that is a corporation in accordance with Section 16-10a-830;
2502 (c) a general partner, as defined in Section 48-2e-102, of an armored car company or
2503 contract security company; or
2504 (d) a partner, as defined in Section 48-1d-102, of an armored car company or contract
2505 security company.
2506 (10) "Company owner" means:
2507 (a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
2508 through an entity controlled by the individual, 5% or more of the outstanding shares of an
2509 armored car company or contract security company that:
2510 (i) is a corporation; and
2511 (ii) is not publicly listed or traded; or
2512 (b) an individual who owns directly, or indirectly through an entity controlled by the
2513 individual, 5% or more of the equity of an armored car company or contract security company
2514 that is not a corporation.
2515 (11) "Company proprietor" means the sole proprietor of an armored car company or
2516 contract security company that is registered as a sole proprietorship with the Division of
2517 Corporations and Commercial Code.
2518 (12) "Company trustee" means an individual with control of or power of administration
2519 over property held in trust.
2520 (13) "Financial responsibility," when referring to a contract security company, means
2521 that a contract security company may only provide security services to a client if the contract
2522 security company:
2523 (a) enters into an agreement for services with the client;
2524 (b) maintains a current general liability insurance policy with:
2525 (i) at least an annual $1,000,000 per occurrence limit;
2526 (ii) at least an annual $2,000,000 aggregate limit; and
2527 (iii) the following riders:
2528 (A) general liability;
2529 (B) assault and battery;
2530 (C) personal injury;
2531 (D) false arrest;
2532 (E) libel and slander;
2533 (F) invasion of privacy;
2534 (G) broad form property damage;
2535 (H) damage to property in the care, custody, or control of the security service provider;
2536 and
2537 (I) errors and omissions;
2538 (c) maintains a workers' compensation insurance policy with at least a $1,000,000 per
2539 occurrence limit and that covers each security officer employed by the contract security
2540 company; and
2541 (d) maintains a federal employer identification number and an unemployment
2542 insurance employer account as required under state and federal law.
2543 [
2544 the division to each armored car and armed or unarmed private security officer licensed under
2545 this chapter.
2546 [
2547 Section 53-1-102.
2548 [
2549
2550
2551 [
2552 (a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
2553 Classifications; and
2554 (b) derives total or special law enforcement powers from, and is an employee of, the
2555 federal government, the state, or a political subdivision, agency, department, branch, or service
2556 of either, of a municipality, or a unit of local government.
2557 [
2558 [
2559
2560 (a) a qualifying agent;
2561 (b) an operations manager; or
2562 (c) a site manager.
2563 [
2564 unarmed private security officer under this chapter and who:
2565 (i) is employed by a contract security company securing, guarding, or otherwise
2566 protecting tangible personal property, real property, or the life and well being of human or
2567 animal life against:
2568 (A) trespass or other unlawful intrusion or entry;
2569 (B) larceny;
2570 (C) vandalism or other abuse;
2571 (D) arson or other criminal activity; or
2572 (E) personal injury caused by another person or as a result of an act or omission by
2573 another person;
2574 (ii) is controlling, regulating, or directing the flow of movements of an individual or
2575 vehicle; or
2576 (iii) providing street patrol service.
2577 (b) "Security officer" does not include an individual whose duties include taking
2578 admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
2579 materials of individuals who are entering a sports venue, concert venue, theatrical venue,
2580 convention center, fairgrounds, public assembly facility, or mass gathering location if:
2581 (i) the individual carries out these duties without the use of specialized equipment;
2582 (ii) the authority of the individual is limited to denying entry or passage of another
2583 individual into or within the facility; and
2584 (iii) the individual is not authorized to use physical force in the performance of the
2585 individual's duties under this Subsection (17)(b).
2586 [
2587 armored car company licensed under this chapter.
2588 [
2589 for:
2590 (a) detecting and signaling entry or intrusion by an individual into or onto, or exit from
2591 the premises protected by the system; or
2592 (b) signaling the commission of criminal activity at the election of an individual having
2593 control of the features of the security system.
2594 [
2595 tangible personal property specifically designed for use in law enforcement or in providing
2596 security or guard services, or that is specially equipped with a device or feature designed for
2597 use in providing law enforcement, security, or guard services, but does not include:
2598 (a) standardized clothing, whether or not bearing a company name or logo, if the
2599 clothing does not bear the words "security" or "guard"; or
2600 (b) an item of tangible personal property, other than a firearm or nonlethal weapon, that
2601 may be used without modification in providing security or guard services.
2602 [
2603 patrols by means of foot, vehicle, or other method of transportation using public streets,
2604 thoroughfares, or property in the performance of the company's duties and responsibilities.
2605 [
2606 (a) employed by a contract security company;
2607 (b) whose primary duty is guarding personal or real property or providing protection or
2608 security to the life and well being of humans or animals;
2609 (c) who does not wear, carry, possess, or have immediate access to a firearm in the
2610 performance of the individual's duties; and
2611 (d) who wears clothing of distinctive design or fashion bearing a symbol, badge,
2612 emblem, insignia, or other device that identifies the individual as a security officer.
2613 [
2614 58-1-501 and 58-63-501.
2615 [
2616 Sections 58-1-501 and 58-63-502 and as may be further defined by rule.
2617 Section 25. Section 58-63-302 is amended to read:
2618 58-63-302. Qualifications for licensure.
2619 (1) Each applicant for licensure as an armored car company or a contract security
2620 company shall:
2621 (a) submit an application in a form prescribed by the division;
2622 (b) pay a fee determined by the department under Section 63J-1-504;
2623 (c) have a qualifying agent who:
2624 (i) [
2625 that the applicant and the qualifying agent meet the requirements of this section;
2626 (ii) is a resident of the state [
2627 (iii) is responsible management personnel or [
2628 [
2629 business by making substantive technical and administrative decisions and whose primary
2630 employment is with the applicant;
2631 [
2632 armored car company or contract security company and is not engaged in any other
2633 employment on a regular basis;
2634 [
2635 duties and responsibilities under this chapter to ensure that the qualifying agent's and the
2636 applicant's performance under this chapter does not jeopardize the health or safety of the
2637 general public;
2638 [
2639 [
2640 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
2641 Rulemaking Act; and
2642 [
2643 supervisor, or administrator of an armored car company or a contract security company; or
2644 (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
2645 collaboration with the board with a federal, United States military, state, county, or municipal
2646 law enforcement agency;
2647 (d) provide the name, address, date of birth, social security number, fingerprint card,
2648 and consent to a criminal background check in accordance with Section 58-55-302.1 and
2649 requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah
2650 Administrative Rulemaking Act, for each company officer, company owner, company
2651 proprietor, company trustee, and responsible management personnel with direct responsibility
2652 for managing operations of the applicant within the state;
2653 [
2654 [
2655
2656 [
2657
2658
2659 [
2660 [
2661
2662 [
2663
2664 [
2665
2666 [
2667
2668 [
2669
2670 company officers, company owners, company proprietors, company trustees, and responsible
2671 management personnel who have not been convicted of:
2672 (i) a felony; or
2673 [
2674 [
2675 security company or an armored car company by the division and the board indicates that the
2676 best interests of the public are not served by granting the applicant a license;
2677 [
2678
2679
2680 (i) have been declared by a court of competent jurisdiction incompetent by reason of
2681 mental defect or disease and not been restored; [
2682 (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
2683 [
2684 (i) comprehensive general liability insurance in a form and in amounts established by
2685 rule by the division in collaboration with the board and in accordance with Title 63G, Chapter
2686 3, Utah Administrative Rulemaking Act;
2687 (ii) workers' compensation insurance that covers employees of the applicant in
2688 accordance with applicable Utah law;
2689 (iii) registration with the Division of Corporations and Commercial Code; and
2690 (iv) registration as required by applicable law with the:
2691 (A) Unemployment Insurance Division in the Department of Workforce Services, for
2692 purposes of Title 35A, Chapter 4, Employment Security Act;
2693 (B) State Tax Commission; and
2694 (C) Internal Revenue Service; and
2695 [
2696 (2) Each applicant for licensure as an armed private security officer [
2697 (a) shall submit an application in a form prescribed by the division;
2698 (b) shall pay a fee determined by the department under Section 63J-1-504;
2699 (c) [
2700 convicted of:
2701 (i) a felony; or
2702 [
2703 [
2704 private security officer by the division and the board indicates that the best interests of the
2705 public are not served by granting the applicant a license;
2706 (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2707 Sec. 922(g);
2708 (e) may not have been declared incompetent by a court of competent jurisdiction by
2709 reason of mental defect or disease and not been restored;
2710 (f) may not be currently suffering from habitual drunkenness or from drug addiction or
2711 dependence;
2712 (g) shall successfully complete basic education and training requirements established
2713 by rule by the division in collaboration with the board and in accordance with Title 63G,
2714 Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight
2715 hours of classroom or online curriculum;
2716 (h) shall successfully complete firearms training requirements established by rule by
2717 the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2718 Administrative Rulemaking Act, which shall include a minimum of 12 hours of training;
2719 (i) shall pass the examination requirement established by rule by the division in
2720 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
2721 Rulemaking Act; [
2722 (j) shall submit to and pass a background check in accordance with Section
2723 58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2724 Chapter 3, Utah Administrative Rulemaking Act; and
2725 [
2726 (3) Each applicant for licensure as an unarmed private security officer [
2727 (a) shall submit an application in a form prescribed by the division;
2728 (b) shall pay a fee determined by the department under Section 63J-1-504;
2729 (c) [
2730 convicted of:
2731 (i) a felony; or
2732 [
2733 [
2734 unarmed private security officer by the division and the board indicates that the best interests of
2735 the public are not served by granting the applicant a license;
2736 (d) may not have been declared incompetent by a court of competent jurisdiction by
2737 reason of mental defect or disease and not been restored;
2738 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2739 dependence;
2740 (f) shall successfully complete basic education and training requirements established
2741 by rule by the division in collaboration with the board and in accordance with Title 63G,
2742 Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight
2743 hours of classroom or online curriculum;
2744 (g) shall pass the examination requirement established by rule by the division in
2745 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
2746 Rulemaking Act; [
2747 (h) shall submit to and pass a background check in accordance with Section
2748 58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2749 Chapter 3, Utah Administrative Rulemaking Act; and
2750 [
2751 (4) Each applicant for licensure as an armored car security officer [
2752 (a) shall submit an application in a form prescribed by the division;
2753 (b) shall pay a fee determined by the department under Section 63J-1-504;
2754 (c) [
2755 convicted of:
2756 (i) a felony; or
2757 [
2758 [
2759 armored car security officer by the division and the board indicates that the best interests of the
2760 public are not served by granting the applicant a license;
2761 (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2762 Sec. 922(g);
2763 (e) may not have been declared incompetent by a court of competent jurisdiction by
2764 reason of mental defect or disease and not been restored;
2765 (f) may not be currently suffering from habitual drunkenness or from drug addiction or
2766 dependence;
2767 (g) shall successfully complete basic education and training requirements established
2768 by rule by the division in collaboration with the board and in accordance with Title 63G,
2769 Chapter 3, Utah Administrative Rulemaking Act;
2770 (h) shall successfully complete firearms training requirements established by rule by
2771 the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2772 Administrative Rulemaking Act;
2773 (i) shall pass the examination requirements established by rule by the division in
2774 collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
2775 Rulemaking Act; [
2776 (j) shall submit to and pass a background check in accordance with Section
2777 58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2778 Chapter 3, Utah Administrative Rulemaking Act; and
2779 [
2780 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2781 division may make a rule establishing when the division shall request a Federal Bureau of
2782 Investigation records' review for an applicant who is applying for licensure or licensure renewal
2783 under this chapter.
2784 [
2785
2786
2787 [
2788
2789
2790
2791 [
2792
2793 [
2794 [
2795
2796
2797
2798 [
2799
2800 [
2801
2802 [
2803
2804
2805 [
2806
2807
2808 Section 26. Section 58-63-302.1 is enacted to read:
2809 58-63-302.1. Criminal background check.
2810 (1) An applicant for licensure under this chapter who requires a criminal background
2811 check shall:
2812 (a) submit fingerprint cards in a form acceptable to the division at the time the license
2813 application is filed; and
2814 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2815 Identification and the Federal Bureau of Investigation regarding the application.
2816 (2) The division shall:
2817 (a) in addition to other fees authorized by this chapter, collect from each applicant
2818 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2819 Identification is authorized to collect for the services provided under Section 53-10-108 and the
2820 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2821 obtaining federal criminal history record information;
2822 (b) submit from each applicant the fingerprint card and the fees described in
2823 Subsection (2)(a) to the Bureau of Criminal Identification; and
2824 (c) obtain and retain in division records a signed waiver approved by the Bureau of
2825 Criminal Identification in accordance with Section 53-10-108 for each applicant.
2826 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2827 Section 53-10-108:
2828 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2829 and regional criminal records databases;
2830 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2831 criminal history background check; and
2832 (c) provide the results from the state, regional, and nationwide criminal history
2833 background checks to the division.
2834 (4) For purposes of conducting a criminal background check required under this
2835 section, the division shall have direct access to criminal background information maintained
2836 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2837 (5) The division may not disseminate outside of the division any criminal history
2838 record information that the division obtains from the Bureau of Criminal Identification or the
2839 Federal Bureau of Investigation under the criminal background check requirements of this
2840 section.
2841 (6) (a) A new license issued under Subsection 58-63-302 is conditional pending
2842 completion of the criminal background check.
2843 (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
2844 criminal background check required in Section 58-68-302 demonstrates the applicant or the
2845 applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
2846 responsible management personnel has failed to accurately disclose a criminal history, the
2847 license is immediately and automatically revoked upon notice to the licensee by the division.
2848 (c) A person whose conditional license has been revoked under Subsection (6)(b) is
2849 entitled to a postrevocation hearing to challenge the revocation.
2850 (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
2851 Chapter 4, Administrative Procedures Act.
2852 Section 27. Section 58-64-302 is amended to read:
2853 58-64-302. Qualifications for licensure.
2854 (1) Each applicant for licensure as a deception detection examiner:
2855 (a) shall submit an application in a form prescribed by the division;
2856 (b) shall pay a fee determined by the department under Section 63J-1-504;
2857 (c) may not have been convicted of a felony[
2858
2859 deception detection examiner is considered by the division to indicate that the best interests of
2860 the public will not be served by granting the applicant a license;
2861 (d) may not have been declared by any court of competent jurisdiction incompetent by
2862 reason of mental defect or disease and not been restored;
2863 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2864 dependence;
2865 (f) shall have completed one of the following:
2866 (i) have earned a bachelor's degree from a four year university or college meeting
2867 standards established by the division by rule made in accordance with Title 63G, Chapter 3,
2868 Utah Administrative Rulemaking Act;
2869 (ii) have completed not less than 8,000 hours of investigation experience approved by
2870 the division; or
2871 (iii) have completed a combination of university or college education and investigation
2872 experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3,
2873 Utah Administrative Rulemaking Act, as being equivalent to the requirements under
2874 Subsection (1)(f)(i) or (1)(f)(ii);
2875 (g) shall have successfully completed a training program in detection deception
2876 meeting criteria established by rule made by the division in accordance with Title 63G, Chapter
2877 3, Utah Administrative Rulemaking Act; [
2878 (h) shall submit to and pass a background check in accordance with Section
2879 58-64-302.1 and requirements established by division rule made in accordance with Title 63G,
2880 Chapter 3, Utah Administrative Rulemaking Act; and
2881 [
2882 a period of not less than one year and shall have satisfactorily conducted not less than 100
2883 deception detection examinations under the supervision of a licensed deception detection
2884 examiner.
2885 (2) Each applicant for licensure as a deception detection intern:
2886 (a) shall submit an application in a form prescribed by the division;
2887 (b) shall pay a fee determined by the department under Section 63J-1-504;
2888 (c) may not have been convicted of a felony[
2889
2890 deception detection intern is considered by the division to indicate that the best interests of the
2891 public will not be served by granting the applicant a license;
2892 (d) may not have been declared by any court of competent jurisdiction incompetent by
2893 reason of mental defect or disease and not been restored;
2894 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2895 dependence;
2896 (f) shall have completed one of the following:
2897 (i) have earned a bachelor's degree from a four year university or college meeting
2898 standards established by the division by rule made in accordance with Title 63G, Chapter 3,
2899 Utah Administrative Rulemaking Act;
2900 (ii) have completed not less than 8,000 hours of investigation experience approved by
2901 the division; or
2902 (iii) have completed a combination of university or college education and investigation
2903 experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3,
2904 Utah Administrative Rulemaking Act, as being equivalent to the requirements under
2905 Subsection (2)(f)(i) or (2)(f)(ii);
2906 (g) shall have successfully completed a training program in detection deception
2907 meeting criteria established by rule made by the division in accordance with Title 63G, Chapter
2908 3, Utah Administrative Rulemaking Act; [
2909 (h) shall submit to and pass a background check in accordance with Section
2910 58-64-302.1 and requirements established by division rule made in accordance with Title 63G,
2911 Chapter 3, Utah Administrative Rulemaking Act; and
2912 [
2913 prescribed by the division under which:
2914 (i) a licensed deception detection examiner agrees to supervise the intern; and
2915 (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
2916 (3) Each applicant for licensure as a deception detection examination administrator:
2917 (a) shall submit an application in a form prescribed by the division;
2918 (b) shall pay a fee determined by the department under Section 63J-1-504;
2919 (c) may not have been convicted of a felony[
2920
2921 deception detection examination administrator is considered by the division to indicate that the
2922 best interests of the public will not be served by granting the applicant a license;
2923 (d) may not have been declared by a court of competent jurisdiction incompetent by
2924 reason of mental defect or disease and not been restored;
2925 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
2926 dependence;
2927 (f) shall have earned an associate degree from a state-accredited university or college or
2928 have an equivalent number of years' work experience; [
2929 (g) shall submit to and pass a background check in accordance with Section
2930 58-55-302.1 and requirements established by division rule made in accordance with Title 63G,
2931 Chapter 3, Utah Administrative Rulemaking Act; and
2932 [
2933 certification in deception detection examination administration provided by the manufacturer
2934 of a scientific or technology-based software application solution that is approved by the
2935 director.
2936 [
2937
2938
2939 [
2940
2941 [
2942
2943 [
2944 [
2945
2946
2947
2948 [
2949
2950 [
2951
2952 [
2953
2954
2955 [
2956
2957
2958
2959 Section 28. Section 58-64-302.1 is enacted to read:
2960 58-64-302.1. Criminal background check.
2961 (1) An applicant for licensure under this chapter who requires a criminal background
2962 check shall:
2963 (a) submit fingerprint cards in a form acceptable to the division at the time the license
2964 application is filed; and
2965 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2966 Identification and the Federal Bureau of Investigation regarding the application.
2967 (2) The division shall:
2968 (a) in addition to other fees authorized by this chapter, collect from each applicant
2969 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2970 Identification is authorized to collect for the services provided under Section 53-10-108 and the
2971 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2972 obtaining federal criminal history record information;
2973 (b) submit from each applicant the fingerprint card and the fees described in Subsection
2974 (2)(a) to the Bureau of Criminal Identification; and
2975 (c) obtain and retain in division records a signed waiver approved by the Bureau of
2976 Criminal Identification in accordance with Section 53-10-108 for each applicant.
2977 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2978 Section 53-10-108:
2979 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2980 and regional criminal records databases;
2981 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2982 criminal history background check; and
2983 (c) provide the results from the state, regional, and nationwide criminal history
2984 background checks to the division.
2985 (4) For purposes of conducting a criminal background check required under this
2986 section, the division shall have direct access to criminal background information maintained
2987 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2988 (5) The division may not disseminate outside of the division any criminal history record
2989 information that the division obtains from the Bureau of Criminal Identification or the Federal
2990 Bureau of Investigation under the criminal background check requirements of this section.
2991 (6)(a) A new license issued under Subsection 58-64-302 is conditional pending
2992 completion of the criminal background check.
2993 (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
2994 criminal background check required in Section 58-64-302 demonstrates the applicant or the
2995 applicant's officer, director, shareholder, general partner, proprietor, trustee, or other
2996 responsible management personnel has failed to accurately disclose a criminal history, the
2997 license is immediately and automatically revoked upon notice to the licensee by the division.
2998 (c) A person whose conditional license has been revoked under Subsection (6)(b) is
2999 entitled to a postrevocation hearing to challenge the revocation.
3000 (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
3001 Chapter 4, Administrative Procedures Act.