This document includes House Committee Amendments incorporated into the bill on Thu, Feb 1, 2024 at 9:36 AM by housengrossing.
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8 LONG TITLE
9 General Description:
10 This bill addresses the educational and experience requirements for certain professions.
11 Highlighted Provisions:
12 This bill:
13 ▸ eliminates the requirement that an applicant for one of the following licenses
14 complete certain educational or experience requirements within a minimum time
15 period: funeral service director, barber, esthetician, Ĥ→ audiologist, ←Ĥ massage therapist, and
16 psychologist; and
17 ▸ prohibits the Division of Real Estate from requiring an applicant for an appraiser
18 license to complete the educational or experience requirements within a minimum
19 time period.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-9-302, as last amended by Laws of Utah 2022, Chapter 415
27 58-11a-302, as last amended by Laws of Utah 2021, Chapters 285, 409
28 58-41-5, as last amended by Laws of Utah 2020, Chapter 339
29 58-47b-302, as last amended by Laws of Utah 2023, Chapter 225
30 58-61-304, as last amended by Laws of Utah 2020, Chapter 339
31 61-2g-311, as last amended by Laws of Utah 2014, Chapter 350
32 61-2g-313, as last amended by Laws of Utah 2014, Chapter 350
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 58-9-302 is amended to read:
36 58-9-302. Qualifications for licensure.
37 (1) Each applicant for licensure as a funeral service director shall:
38 (a) submit an application in a form prescribed by the division;
39 (b) pay a fee as determined by the department under Section 63J-1-504;
40 (c) have obtained a high school diploma or its equivalent or a higher education degree;
41 (d) have obtained an associate degree, or its equivalent, in mortuary science from a
42 school of funeral service accredited by the American Board of Funeral Service Education or
43 other accrediting body recognized by the U.S. Department of Education;
44 (e) have completed not less than 2,000 hours and 50 embalmings[
45
46 under the supervision of a licensed funeral service director; and
47 (f) obtain a passing score on examinations approved by the division in collaboration
48 with the board.
49 (2) Each applicant for licensure as a funeral service intern shall:
50 (a) submit an application in a form prescribed by the division;
51 (b) pay a fee as determined by the department under Section 63J-1-504;
52 (c) have obtained a high school diploma or its equivalent or a higher education degree;
53 and
54 (d) obtain a passing score on an examination approved by the division in collaboration
55 with the board.
56 (3) Each applicant for licensure as a funeral service establishment and each funeral
57 service establishment licensee shall:
58 (a) submit an application in a form prescribed by the division;
59 (b) pay a fee as determined by the department under Section 63J-1-504;
60 (c) have in place:
61 (i) an embalming room for preparing dead human bodies for burial or final disposition,
62 which may serve one or more facilities operated by the applicant;
63 (ii) a refrigeration room that maintains a temperature of not more than 40 degrees
64 fahrenheit for preserving dead human bodies prior to burial or final disposition, which may
65 serve one or more facilities operated by the applicant; and
66 (iii) maintain at all times a licensed funeral service director who is responsible for the
67 day-to-day operation of the funeral service establishment and who is personally available to
68 perform the services for which the license is required;
69 (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
70 director if the funeral service establishment sells preneed funeral arrangements;
71 (e) file with the completed application a copy of each form of contract or agreement the
72 applicant will use in the sale of preneed funeral arrangements;
73 (f) provide evidence of appropriate licensure with the Insurance Department if the
74 applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
75 in part by an insurance policy or product to be sold by the provider or the provider's sales
76 agent; and
77 (g) if the applicant intends to offer alkaline hydrolysis in a funeral service
78 establishment, provide evidence that in accordance with rules made by the division in
79 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
80 (i) the funeral service establishment meets the minimum standards for the handling,
81 holding, and processing of deceased human remains in a safe, clean, private, and respectful
82 manner; and
83 (ii) all operators of the alkaline hydrolysis equipment have received adequate training.
84 (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
85 (a) submit an application in a form prescribed by the division;
86 (b) pay a fee as determined by the department under Section 63J-1-504;
87 (c) have obtained a high school diploma or its equivalent or a higher education degree;
88 (d) have obtained a passing score on an examination approved by the division in
89 collaboration with the board;
90 (e) affiliate with a licensed funeral service establishment; and
91 (f) provide evidence of appropriate licensure with the Insurance Department if the
92 applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or
93 in part by an insurance policy or product.
94 Section 2. Section 58-11a-302 is amended to read:
95 58-11a-302. Qualifications for licensure.
96 (1) Each applicant for licensure as a barber shall:
97 (a) submit an application in a form prescribed by the division;
98 (b) pay a fee determined by the department under Section 63J-1-504;
99 (c) provide satisfactory documentation of:
100 (i) graduation from a licensed or recognized barber school, or a licensed or recognized
101 cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
102 instruction, or the equivalent number of credit hours[
103 (ii) (A) graduation from a recognized barber school located in a state other than Utah
104 whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
105 credit hours; and
106 (B) practice as a licensed barber in a state other than Utah for not less than the number
107 of hours required to equal 1,000 total hours when added to the hours of instruction described in
108 Subsection (1)(c)(ii)(A); or
109 (iii) completion of an approved barber apprenticeship; and
110 (d) meet one of the following requirements established by rule:
111 (i) pass an examination that consists of a written theory portion and a practical portion;
112 or
113 (ii) pass a practical examination and provide the written attestation of a licensed barber
114 or cosmetologist/barber instructor who participated in the school or training under Subsection
115 (1)(c), stating that the applicant has the necessary training and skill to be a licensed barber.
116 (2) Each applicant for licensure as a barber instructor shall:
117 (a) submit an application in a form prescribed by the division;
118 (b) subject to Subsection (24), pay a fee determined by the department under Section
119 63J-1-504;
120 (c) provide satisfactory documentation that the applicant is currently licensed as a
121 barber;
122 (d) provide satisfactory documentation of completion of:
123 (i) an instructor training program conducted by a licensed or recognized school, as
124 defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
125 hours;
126 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
127 recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
128 number of credit hours; or
129 (iii) a minimum of 2,000 hours of experience as a barber; and
130 (e) meet the examination requirement established by rule.
131 (3) Each applicant for licensure as a barber school shall:
132 (a) submit an application in a form prescribed by the division;
133 (b) pay a fee determined by the department under Section 63J-1-504; and
134 (c) provide satisfactory documentation:
135 (i) of appropriate registration with the Division of Corporations and Commercial Code;
136 (ii) of business licensure from the city, town, or county in which the school is located;
137 (iii) that the applicant's physical facilities comply with the requirements established by
138 rule; and
139 (iv) that the applicant meets:
140 (A) the standards for barber schools, including staff and accreditation requirements,
141 established by rule; and
142 (B) the requirements for recognition as an institution of postsecondary study as
143 described in Subsection (22).
144 (4) Each applicant for licensure as a cosmetologist/barber shall:
145 (a) submit an application in a form prescribed by the division;
146 (b) pay a fee determined by the department under Section 63J-1-504;
147 (c) provide satisfactory documentation of:
148 (i) graduation from a licensed or recognized cosmetology/barber school whose
149 curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
150 credit hours, with full flexibility within those hours;
151 (ii) (A) graduation from a recognized cosmetology/barber school located in a state
152 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
153 equivalent number of credit hours, with full flexibility within those hours; and
154 (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
155 than the number of hours required to equal 1,600 total hours when added to the hours of
156 instruction described in Subsection (4)(c)(ii)(A); or
157 (iii) completion of an approved cosmetology/barber apprenticeship; and
158 (d) meet the examination requirement established by rule.
159 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
160 (a) submit an application in a form prescribed by the division;
161 (b) subject to Subsection (24), pay a fee determined by the department under Section
162 63J-1-504;
163 (c) provide satisfactory documentation that the applicant is currently licensed as a
164 cosmetologist/barber;
165 (d) provide satisfactory documentation of completion of:
166 (i) an instructor training program conducted by a licensed or recognized school, as
167 defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
168 hours;
169 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
170 recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
171 number of credit hours; or
172 (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
173 (e) meet the examination requirement established by rule.
174 (6) Each applicant for licensure as a cosmetologist/barber school shall:
175 (a) submit an application in a form prescribed by the division;
176 (b) pay a fee determined by the department under Section 63J-1-504; and
177 (c) provide satisfactory documentation:
178 (i) of appropriate registration with the Division of Corporations and Commercial Code;
179 (ii) of business licensure from the city, town, or county in which the school is located;
180 (iii) that the applicant's physical facilities comply with the requirements established by
181 rule; and
182 (iv) that the applicant meets:
183 (A) the standards for cosmetology schools, including staff and accreditation
184 requirements, established by rule; and
185 (B) the requirements for recognition as an institution of postsecondary study as
186 described in Subsection (22).
187 (7) Each applicant for licensure as an electrologist shall:
188 (a) submit an application in a form prescribed by the division;
189 (b) pay a fee determined by the department under Section 63J-1-504;
190 (c) provide satisfactory documentation of having graduated from a licensed or
191 recognized electrology school after completing a curriculum of 600 hours of instruction or the
192 equivalent number of credit hours; and
193 (d) meet the examination requirement established by rule.
194 (8) Each applicant for licensure as an electrologist instructor shall:
195 (a) submit an application in a form prescribed by the division;
196 (b) subject to Subsection (24), pay a fee determined by the department under Section
197 63J-1-504;
198 (c) provide satisfactory documentation that the applicant is currently licensed as an
199 electrologist;
200 (d) provide satisfactory documentation of completion of:
201 (i) an instructor training program conducted by a licensed or recognized school, as
202 defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
203 hours;
204 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
205 recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
206 number of credit hours; or
207 (iii) a minimum of 1,000 hours of experience as an electrologist; and
208 (e) meet the examination requirement established by rule.
209 (9) Each applicant for licensure as an electrologist school shall:
210 (a) submit an application in a form prescribed by the division;
211 (b) pay a fee determined by the department under Section 63J-1-504; and
212 (c) provide satisfactory documentation:
213 (i) of appropriate registration with the Division of Corporations and Commercial Code;
214 (ii) of business licensure from the city, town, or county in which the school is located;
215 (iii) that the applicant's facilities comply with the requirements established by rule; and
216 (iv) that the applicant meets:
217 (A) the standards for electrologist schools, including staff, curriculum, and
218 accreditation requirements, established by rule; and
219 (B) the requirements for recognition as an institution of postsecondary study as
220 described in Subsection (22).
221 (10) Each applicant for licensure as an esthetician shall:
222 (a) submit an application in a form prescribed by the division;
223 (b) pay a fee determined by the department under Section 63J-1-504;
224 (c) provide satisfactory documentation of one of the following:
225 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
226 cosmetology/barber school [
227
228 (ii) completion of an approved esthetician apprenticeship; or
229 (iii) (A) graduation from a recognized cosmetology/barber school located in a state
230 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
231 equivalent number of credit hours, with full flexibility within those hours; and
232 (B) practice as a licensed cosmetologist/barber for not less than the number of hours
233 required to equal 1,600 total hours when added to the hours of instruction described in
234 Subsection (10)(c)(iii)(A); and
235 (d) meet the examination requirement established by division rule.
236 (11) Each applicant for licensure as a master esthetician shall:
237 (a) submit an application in a form prescribed by the division;
238 (b) pay a fee determined by the department under Section 63J-1-504;
239 (c) provide satisfactory documentation of:
240 (i) completion of at least 1,200 hours of training, or the equivalent number of credit
241 hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
242 1,200 hours may have been completed:
243 (A) at a licensed or recognized cosmetology/barbering school, if the applicant
244 graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
245 the equivalent number of credit hours, with full flexibility within those hours; or
246 (B) at a licensed or recognized cosmetology/barber school located in a state other than
247 Utah, if the applicant graduated from the school and its curriculum contained full flexibility
248 within its hours of instruction; or
249 (ii) completion of an approved master esthetician apprenticeship;
250 (d) if the applicant will practice lymphatic massage, provide satisfactory
251 documentation to show completion of 200 hours of training, or the equivalent number of credit
252 hours, in lymphatic massage as defined by division rule; and
253 (e) meet the examination requirement established by division rule.
254 (12) Each applicant for licensure as an esthetician instructor shall:
255 (a) submit an application in a form prescribed by the division;
256 (b) subject to Subsection (24), pay a fee determined by the department under Section
257 63J-1-504;
258 (c) provide satisfactory documentation that the applicant is currently licensed as a
259 master esthetician;
260 (d) provide satisfactory documentation of completion of:
261 (i) an instructor training program conducted by a licensed or recognized school, as
262 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
263 hours;
264 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
265 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
266 number of credit hours; or
267 (iii) a minimum of 1,000 hours of experience in esthetics; and
268 (e) meet the examination requirement established by rule.
269 (13) Each applicant for licensure as an esthetics school shall:
270 (a) submit an application in a form prescribed by the division;
271 (b) pay a fee determined by the department under Section 63J-1-504; and
272 (c) provide satisfactory documentation:
273 (i) of appropriate registration with the Division of Corporations and Commercial Code;
274 (ii) of business licensure from the city, town, or county in which the school is located;
275 (iii) that the applicant's physical facilities comply with the requirements established by
276 rule; and
277 (iv) that the applicant meets:
278 (A) the standards for esthetics schools, including staff, curriculum, and accreditation
279 requirements, established by division rule made in collaboration with the board; and
280 (B) the requirements for recognition as an institution of postsecondary study as
281 described in Subsection (22).
282 (14) Each applicant for licensure as a hair designer shall:
283 (a) submit an application in a form prescribed by the division;
284 (b) pay a fee determined by the department under Section 63J-1-504;
285 (c) provide satisfactory documentation of:
286 (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
287 barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
288 equivalent number of credit hours, with full flexibility within those hours;
289 (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
290 school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
291 instruction, or the equivalent number of credit hours, with full flexibility within those hours;
292 and
293 (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
294 Utah for not less than the number of hours required to equal 1,200 total hours when added to
295 the hours of instruction described in Subsection (14)(c)(ii)(A);
296 (iii) being a state licensed cosmetologist/barber; or
297 (iv) completion of an approved hair designer apprenticeship; and
298 (d) meet the examination requirements established by rule.
299 (15) Each applicant for licensure as a hair designer instructor shall:
300 (a) submit an application in a form prescribed by the division;
301 (b) subject to Subsection (24), pay a fee determined by the department under Section
302 63J-1-504;
303 (c) provide satisfactory documentation that the applicant is currently licensed as a hair
304 designer or as a cosmetologist/barber;
305 (d) provide satisfactory documentation of completion of:
306 (i) an instructor training program conducted by a licensed or recognized school, as
307 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
308 hours;
309 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
310 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
311 number of credit hours; or
312 (iii) a minimum of 2,500 hours of experience as a hair designer or as a
313 cosmetologist/barber; and
314 (e) meet the examination requirement established by rule.
315 (16) Each applicant for licensure as a hair design school shall:
316 (a) submit an application in a form prescribed by the division;
317 (b) pay a fee determined by the department under Section 63J-1-504; and
318 (c) provide satisfactory documentation:
319 (i) of appropriate registration with the Division of Corporations and Commercial Code;
320 (ii) of business licensure from the city, town, or county in which the school is located;
321 (iii) that the applicant's physical facilities comply with the requirements established by
322 rule; and
323 (iv) that the applicant meets:
324 (A) the standards for a hair design school, including staff and accreditation
325 requirements, established by rule; and
326 (B) the requirements for recognition as an institution of postsecondary study as
327 described in Subsection (22).
328 (17) Each applicant for licensure as a nail technician shall:
329 (a) submit an application in a form prescribed by the division;
330 (b) pay a fee determined by the department under Section 63J-1-504;
331 (c) provide satisfactory documentation of:
332 (i) graduation from a licensed or recognized nail technology school, or a licensed or
333 recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
334 instruction, or the equivalent number of credit hours;
335 (ii) (A) graduation from a recognized nail technology school located in a state other
336 than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
337 number of credit hours; and
338 (B) practice as a licensed nail technician in a state other than Utah for not less than the
339 number of hours required to equal 300 total hours when added to the hours of instruction
340 described in Subsection (17)(c)(ii)(A); or
341 (iii) completion of an approved nail technician apprenticeship; and
342 (d) meet the examination requirement established by division rule.
343 (18) Each applicant for licensure as a nail technician instructor shall:
344 (a) submit an application in a form prescribed by the division;
345 (b) subject to Subsection (24), pay a fee determined by the department under Section
346 63J-1-504;
347 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
348 technician;
349 (d) provide satisfactory documentation of completion of:
350 (i) an instructor training program conducted by a licensed or recognized school, as
351 defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
352 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
353 licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
354 equivalent number of credit hours; or
355 (iii) a minimum of 600 hours of experience in nail technology; and
356 (e) meet the examination requirement established by rule.
357 (19) Each applicant for licensure as a nail technology school shall:
358 (a) submit an application in a form prescribed by the division;
359 (b) pay a fee determined by the department under Section 63J-1-504; and
360 (c) provide satisfactory documentation:
361 (i) of appropriate registration with the Division of Corporations and Commercial Code;
362 (ii) of business licensure from the city, town, or county in which the school is located;
363 (iii) that the applicant's facilities comply with the requirements established by rule; and
364 (iv) that the applicant meets:
365 (A) the standards for nail technology schools, including staff, curriculum, and
366 accreditation requirements, established by rule; and
367 (B) the requirements for recognition as an institution of postsecondary study as
368 described in Subsection (22).
369 (20) Each applicant for licensure under this chapter whose education in the field for
370 which a license is sought was completed at a foreign school may satisfy the educational
371 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
372 equivalency of the foreign school education with a licensed school under this chapter.
373 (21) (a) A licensed or recognized school under this section shall accept credit hours
374 towards graduation for documented, relevant, and substantially equivalent coursework
375 previously completed by:
376 (i) a student that did not complete the student's education while attending a different
377 school; or
378 (ii) a licensee of any other profession listed in this section, based on the licensee's
379 schooling, apprenticeship, or experience.
380 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
381 consistent with this section, the division may make rules governing the acceptance of credit
382 hours under Subsection (21)(a).
383 (22) A school licensed or applying for licensure under this chapter shall maintain
384 recognition as an institution of postsecondary study by meeting the following conditions:
385 (a) the school shall admit as a regular student only an individual who has earned a
386 recognized high school diploma or the equivalent of a recognized high school diploma, or who
387 is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
388 Part 2, Compulsory Education; and
389 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
390 licensure by name, under this chapter to offer one or more training programs beyond the
391 secondary level.
392 (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
393 approved apprenticeship shall register with the division as described in Section 58-11a-306.
394 (24) The department may only charge a fee to a person applying for licensure as any
395 type of instructor under this chapter if the person is not a licensed instructor in any other
396 profession under this chapter.
397 (25) In order to encourage economic development in the state, the department may
398 offer any required examination under this section, which is prepared by a national testing
399 organization, in languages in addition to English.
400 Section 3. Section 58-41-5 is amended to read:
401 58-41-5. Licensure requirements.
402 (1) To obtain and maintain a license as an audiologist beginning July 1, 2010, an
403 applicant must:
404 (a) submit a completed application in the form and content prescribed by the division
405 and pay a fee to the department in accordance with Section 63J-1-504;
406 (b) provide the committee with verification that the applicant is the legal holder of a
407 clinical doctor's degree or AuD, in audiology, from an accredited university or college, based
408 on a program of studies primarily in the field of audiology;
409 (c) be in compliance with the regulations of conduct and codes of ethics for the
410 profession of audiology;
411 (d) submit to the board certified evidence of having completed at least one Ĥ→ academic
411a ←Ĥ year of
412 professional experience Ĥ→ [
412a
413 experience in treatment and management of patients, supervised and attested to by one holding
414 an audiologist license under this chapter, the CCC, or their full equivalent; and
415 (e) pass a nationally standardized examination in audiology which is the same as or
416 equivalent to the examination required for the CCC and with pass-fail criteria equivalent to
417 current ASHA standards, and the board may require the applicant to pass an acceptable
418 practical demonstration of clinical skills to an examining committee of licensed audiologists
419 appointed by the board.
420 (2) To obtain and maintain a license as an audiologist prior to July 1, 2010, an
421 applicant shall:
422 (a) comply with Subsections (1)(a), (c), (d), and (e); and
423 (b) provide the committee with verification that the applicant has received at least a
424 master's degree in the area of audiology from an accredited university or college, based on a
425 program of studies primarily in the field of audiology, and holds the CCC or its full equivalent.
426 (3) An individual who, prior to July 1, 2010, is licensed as an audiologist under this
427 chapter is, on or after July 1, 2010, considered to hold a current license under this chapter as an
428 audiologist and is subject to this chapter.
429 (4) To obtain and maintain a license as a speech-language pathologist, an applicant
430 must:
431 (a) comply with Subsection (1)(a);
432 (b) provide the committee with verification that the applicant has received at least a
433 master's degree in speech-language pathology from an accredited university or college, based
434 on a program of studies primarily in the field of speech-language pathology;
435 (c) be in compliance with the regulations of conduct and code of ethics for the
436 profession of speech-language pathology;
437 (d) comply with Subsection (1)(b), except that the supervision and attestation
438 requirement shall be from a licensed speech-language pathologist rather than a licensed
439 audiologist; and
440 (e) pass a nationally standardized examination in speech-language pathology which is
441 the same as or equivalent to the examination required for the CCC and with pass-fail criteria
442 equivalent to current ASHA standards, and the board may require the applicant to pass an
443 acceptable practical demonstration of clinical skills to an examining committee of licensed
444 speech-language pathologists appointed by the board.
445 Section 4. Section 58-47b-302 is amended to read:
446 58-47b-302. License classifications -- Qualifications for licensure.
447 (1) The division shall issue licenses under this chapter in the classifications of:
448 (a) massage therapist;
449 (b) massage apprentice;
450 (c) massage assistant; and
451 (d) massage assistant in-training.
452 (2) An applicant for licensure as a massage therapist shall:
453 (a) submit an application in a form prescribed by the division;
454 (b) pay a fee determined by the department under Section 63J-1-504;
455 (c) be 18 years old or older;
456 (d) have either:
457 (i) (A) graduated from a school of massage having a curriculum that meets standards
458 established by division rule made in collaboration with the board and in accordance with Title
459 63G, Chapter 3, Utah Administrative Rulemaking Act; or
460 (B) completed equivalent education and training in compliance with division rule made
461 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
462 (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
463 hours of supervised training [
464 established by division rule made in collaboration with the board and in accordance with Title
465 63G, Chapter 3, Utah Administrative Rulemaking Act; and
466 (e) pass:
467 (i) the Federation of State Massage Therapy Boards Massage and Bodywork Licensing
468 Examination; or
469 (ii) any other examination established by division rule made in collaboration with the
470 board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
471 (3) An applicant for licensure as a massage apprentice shall:
472 (a) submit an application in a form prescribed by the division;
473 (b) pay a fee determined by the department under Section 63J-1-504;
474 (c) be 18 years old or older;
475 (d) provide satisfactory evidence to the division that the applicant will practice as a
476 massage apprentice only under the direct supervision of a licensed massage therapist in good
477 standing who, for at least 6,000 hours, has engaged in the lawful practice of massage therapy as
478 a licensed massage therapist; and
479 (e) pass an examination as required by division rule made in accordance with Title
480 63G, Chapter 3, Utah Administrative Rulemaking Act.
481 (4) (a) An applicant for licensure as a massage assistant shall:
482 (i) submit an application in a form prescribed by the division;
483 (ii) pay a fee determined by the department in accordance with Section 63J-1-504;
484 (iii) be 18 years old or older;
485 (iv) subject to Subsection (4)(b), complete at least 300 hours of education and training
486 approved by division rule made accordance with Title 63G, Chapter 3, Utah Administrative
487 Rulemaking Act;
488 (v) provide satisfactory evidence to the division that the applicant will practice as a
489 massage assistant only under the indirect supervision of a massage therapy supervisor; and
490 (vi) pass an examination as required by division rule made in accordance with Title
491 63G, Chapter 3, Utah Administrative Rulemaking Act.
492 (b) The 300-hour education and training requirement described in Subsection (4)(a)
493 shall include:
494 (i) at least 150 hours of education and training while the applicant is:
495 (A) enrolled in massage school; or
496 (B) licensed as a massage assistant in-training and under the direct supervision of a
497 massage therapist in good standing who, for at least 6,000 hours, has engaged in the lawful
498 practice of massage therapy; and
499 (ii) at least 150 hours of education and training while the applicant is:
500 (A) enrolled in massage school; or
501 (B) licensed as a massage assistant in-training and under the indirect supervision of a
502 massage therapist in good standing who, for at least 6,000 hours, has engaged in the lawful
503 practice of massage therapy.
504 (5) An applicant for licensure as a massage assistant in-training shall:
505 (a) submit an application in a form prescribed by the division;
506 (b) pay a fee determined by the department in accordance with Section 63J-1-504;
507 (c) be 18 years old or older; and
508 (d) provide satisfactory evidence to the division that the applicant will practice as a
509 massage assistant in-training under the supervision of a massage therapist for a period of no
510 more than six months for the purpose of satisfying the requirements described in Subsections
511 (4)(a)(iv) and (4)(b) for licensure as a massage assistant.
512 (6) (a) A massage therapist may supervise at one time up to six individuals licensed as
513 a massage apprentice or massage assistant in-training.
514 (b) A massage therapy supervisor may supervise at one time up to six individuals
515 licensed as a massage assistant.
516 (7) A new massage therapist, massage apprentice, massage assistant, or massage
517 assistant in-training applicant shall submit to and pass a criminal background check in
518 accordance with Section 58-47b-302.1 and any requirements established by division rule made
519 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
520 Section 5. Section 58-61-304 is amended to read:
521 58-61-304. Qualifications for licensure by examination or endorsement.
522 (1) An applicant for licensure as a psychologist based upon education, clinical training,
523 and examination shall:
524 (a) submit an application on a form provided by the division;
525 (b) pay a fee determined by the department under Section 63J-1-504;
526 (c) produce certified transcripts of credit verifying satisfactory completion of a doctoral
527 degree in psychology that includes specific core course work established by division rule under
528 Section 58-1-203, from an institution of higher education whose doctoral program, at the time
529 the applicant received the doctoral degree, met approval criteria established by division rule
530 made in consultation with the board;
531 (d) have completed a minimum of 4,000 hours of psychology training as defined by
532 division rule under Section 58-1-203 [
533 psychologist supervisor approved by the division in collaboration with the board;
534 (e) to be qualified to engage in mental health therapy, document successful completion
535 of not less than 1,000 hours of supervised training in mental health therapy obtained after
536 completion of a master's level of education in psychology, which training may be included as
537 part of the 4,000 hours of training required in Subsection (1)(d), and for which documented
538 evidence demonstrates not less than one hour of supervision for each 40 hours of supervised
539 training was obtained under the direct supervision of a psychologist, as defined by rule;
540 (f) pass the examination requirement established by division rule under Section
541 58-1-203;
542 (g) consent to a criminal background check in accordance with Section 58-61-304.1
543 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
544 Administrative Rulemaking Act; and
545 (h) meet with the board, upon request for good cause, for the purpose of evaluating the
546 applicant's qualifications for licensure.
547 (2) An applicant for licensure as a psychologist by endorsement based upon licensure
548 in another jurisdiction shall:
549 (a) submit an application on a form provided by the division;
550 (b) pay a fee determined by the department under Section 63J-1-504;
551 (c) not have any disciplinary action pending or in effect against the applicant's
552 psychologist license in any jurisdiction;
553 (d) have passed the Utah Psychologist Law and Ethics Examination established by
554 division rule;
555 (e) provide satisfactory evidence the applicant is currently licensed in another state,
556 district, or territory of the United States, or in any other jurisdiction approved by the division in
557 collaboration with the board;
558 (f) provide satisfactory evidence the applicant has actively practiced psychology in that
559 jurisdiction for not less than 2,000 hours or one year, whichever is greater;
560 (g) provide satisfactory evidence that:
561 (i) the education, supervised experience, examination, and all other requirements for
562 licensure in that jurisdiction at the time the applicant obtained licensure were substantially
563 equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
564 obtained licensure in the other jurisdiction; or
565 (ii) the applicant is:
566 (A) a current holder of Board Certified Specialist status in good standing from the
567 American Board of Professional Psychology;
568 (B) currently credentialed as a health service provider in psychology by the National
569 Register of Health Service Providers in Psychology; or
570 (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
571 Association of State and Provincial Psychology Boards;
572 (h) consent to a criminal background check in accordance with Section 58-61-304.1
573 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
574 Administrative Rulemaking Act; and
575 (i) meet with the board, upon request for good cause, for the purpose of evaluating the
576 applicant's qualifications for licensure.
577 (3) (a) An applicant for certification as a psychology resident shall comply with the
578 provisions of Subsections (1)(a), (b), (c), (g), and (h).
579 (b) (i) An individual's certification as a psychology resident is limited to the period of
580 time necessary to complete clinical training as described in Subsections (1)(d) and (e) and
581 extends not more than one year from the date the minimum requirement for training is
582 completed, unless the individual presents satisfactory evidence to the division and the
583 Psychologist Licensing Board that the individual is making reasonable progress toward passing
584 the qualifying examination or is otherwise on a course reasonably expected to lead to licensure
585 as a psychologist.
586 (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
587 date the minimum supervised clinical training requirement has been completed.
588 Section 6. Section 61-2g-311 is amended to read:
589 61-2g-311. State-licensed appraiser -- Authority and qualifications.
590 (1) A state-licensed appraiser is authorized to appraise complex and noncomplex 1-4
591 family residential units in this state having a transaction value permitted under the Financial
592 Institutions Reform, Recovery, and Enforcement Act of 1989, and related federal regulations.
593 (2) A state-licensed appraiser is authorized to appraise vacant or unimproved land
594 having a transaction value permitted under the Financial Institutions Reform, Recovery, and
595 Enforcement Act of 1989, and related federal regulations that is utilized for 1-4 family
596 purposes or for which the highest and best use is 1-4 family purposes and subdivisions for
597 which a development analysis/appraisal is not necessary.
598 (3) A state-licensed appraiser may not issue a certified appraisal report.
599 (4) To qualify as a state-licensed appraiser, an applicant must:
600 (a) be of good moral character;
601 (b) demonstrate honesty, competency, integrity, truthfulness, and general fitness to
602 command the confidence of the community;
603 (c) pass the licensing examination with a satisfactory score as determined by the
604 Appraisal Qualification Board;
605 (d) successfully complete the educational requirements established by rule in
606 accordance with Subsection (5); and
607 (e) possess the experience in real property appraisal established by rule in accordance
608 with Subsection (5).
609 (5) (a) The division shall, with the concurrence of the board, make rules in accordance
610 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
611 (i) the educational requirements described in Subsection (4)(d); and
612 (ii) the experience in real property appraisal described in Subsection (4)(e).
613 (b) The educational and experience requirements established under Subsection (5)(a)
614 shall meet or exceed the educational requirements and the hourly experience requirements
615 adopted by the Appraisal Qualification Board.
616 (c) The division may not require that an applicant complete the educational or
617 experience requirements established under Subsection (5)(a) within a minimum time period.
617a Ĥ→ (d) Subsection (c) does not apply if federal law requires a minimum time period for
617b appraiser education or experience. ←Ĥ
618 Section 7. Section 61-2g-313 is amended to read:
619 61-2g-313. State-certified residential appraiser -- Authority and qualifications.
620 (1) An applicant for certification as a residential appraiser shall provide to the division
621 evidence of:
622 (a) the applicant's good moral character, honesty, competency, integrity, truthfulness,
623 and general fitness to command the confidence of the community;
624 (b) completion of the certification examination with a satisfactory score as determined
625 by the Appraisal Qualification Board;
626 (c) completion of the educational requirements established by rule in accordance with
627 Subsection (3); and
628 (d) experience in real property appraisal as established by rule in accordance with
629 Subsection (3).
630 (2) Upon request by the division, an applicant shall make available to the division for
631 examination:
632 (a) a detailed listing of the real estate appraisal reports or file memoranda for which
633 experience is claimed; and
634 (b) a sample selected by the division of appraisal reports that the applicant has prepared
635 in the course of the applicant's appraisal practice.
636 (3) (a) The division shall, with the concurrence of the board, make rules in accordance
637 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
638 (i) the educational requirements described in Subsection (1)(c); and
639 (ii) the experience in real property appraisal described in Subsection (1)(d).
640 (b) The educational and experience requirements established under Subsection (3)(a)
641 shall meet or exceed the educational requirements and the hourly experience requirements
642 adopted by the Appraisal Qualification Board.
643 (c) The division may not require that an applicant complete the educational or
644 experience requirements established under Subsection (3)(a) within a minimum time period.
644a Ĥ→ (d) Subsection (c) does not apply if federal law requires a minimum time period for
644b appraiser education or experience. ←Ĥ
645 Section 8. Effective date.
646 This bill takes effect on May 1, 2024.