Representative A. Cory Maloy proposes the following substitute bill:


1     
LICENSING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill addresses licensing.
10     Highlighted Provisions:
11          This bill:
12          ▸     permits the Department of Agriculture to establish the minimum experience
13     required for licensure under the Utah Pesticide Control Act;
14          ▸     broadens the Division of Professional Licensing's (division) discretion to accept
15     substantially similar education or experience in satisfaction of standard licensing
16     requirements;
17          ▸     permits the division to issue a limited supervised training permit to an applicant
18     seeking licensure by endorsement under certain circumstances;
19          ▸     establishes a licensure by endorsement process that applies to all other statutory
20     licensure by endorsement processes;
21          ▸     requires that the division create an annual report related to licensure by
22     endorsement; and
23          ▸     defines terms.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          4-1-112, as enacted by Laws of Utah 2023, Chapter 222
31          4-14-111, as last amended by Laws of Utah 2018, Chapter 457
32          58-1-302, as last amended by Laws of Utah 2023, Chapter 222
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 4-1-112 is amended to read:
36          4-1-112. License by endorsement.
37          (1) As used in this section, "license" means an authorization that permits the holder to
38     engage in the practice of a profession regulated under this title.
39          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
40     applicant who has been licensed in another state, district, or territory of the United States if:
41          (a) the department determines that the license issued by the other state, district, or
42     territory encompasses a similar scope of practice as the license sought in this state;
43          (b) the applicant has at least one year of experience practicing under the license issued
44     in the other state, district, or territory; and
45          (c) the applicant's license is in good standing in the other state, district, or territory.
46          (3) Subject to Subsections (4) through (7), the department may issue a license to an
47     applicant who:
48          (a) has been licensed in another state, district, or territory of the United States, or in a
49     jurisdiction outside of the United States, if:
50          (i) (A) the department determines that the applicant's education, experience, and skills
51     demonstrate competency in the profession for which licensure is sought in this state; and
52          (B) [the applicant has at least one year of experience practicing] under the license
53     issued in the other state, district, territory, or jurisdiction, the applicant has at least one year of
54     experience or a lesser minimum amount of experience established by the department; or
55          (ii) the department determines that the licensure requirements of the other state,
56     district, territory, or jurisdiction at the time the license was issued were substantially similar to

57     the requirements for the license sought in this state; or
58          (b) has never been licensed in a state, district, or territory of the United States, or in a
59     jurisdiction outside of the United States, if:
60          (i) the applicant was educated in or obtained relevant experience in a state, district, or
61     territory of the United States, or a jurisdiction outside of the United States; and
62          (ii) the department determines that the education or experience was substantially
63     similar to the education or experience requirements for the license sought in this state.
64          (4) The department may refuse to issue a license to an applicant under this section if:
65          (a) the department determines that there is reasonable cause to believe that the
66     applicant is not qualified to receive the license in this state; or
67          (b) the applicant has a previous or pending disciplinary action related to the applicant's
68     other license.
69          (5) Before the department issues a license to an applicant under this section, the
70     applicant shall:
71          (a) pay a fee determined by the department under Section 63J-1-504; and
72          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
73     standing in the profession for which licensure is sought in this state.
74          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
75     Administrative Rulemaking Act, prescribing the administration and requirements of this
76     section.
77          (7) This section is subject to and may be supplemented or altered by licensure
78     endorsement provisions or multistate licensure compacts in specific chapters of this title.
79          Section 2. Section 4-14-111 is amended to read:
80          4-14-111. Registration required for a pesticide business.
81          (1) A pesticide applicator business shall register with the department by:
82          (a) submitting an application on a form provided by the department;
83          (b) paying the registration fee; and
84          (c) certifying that the business is in compliance with this chapter and departmental
85     rules authorized by this chapter.
86          (2) (a) By following the procedures and requirements of Section 63J-1-504, the
87     department shall establish a registration fee based on the number of pesticide applicators

88     employed by the pesticide applicator business.
89          (b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as
90     dedicated credits and may only use the fees to administer and enforce this chapter.
91          (ii) The Legislature may annually designate the revenue generated from the fee as
92     nonlapsing in an appropriations act.
93          (3) The department shall issue a business registration certificate to a pesticide
94     applicator business if the individual or entity:
95          (a) has complied with the requirements of this section;
96          (b) has shown evidence of competence in the pesticide profession and meets the
97     certification requirements established by rule;
98          (c) provides evidence that the owner or qualifying party is a certified applicator;
99          (d) provides evidence that the owner or qualifying party:
100          (i) has been a certified applicator for at least two years out of the 10 years immediately
101     before the date of the application for a business registration certificate is received by the
102     department; [or]
103          (ii) holds an associate degree or higher in horticulture, agricultural sciences, biological
104     sciences, pest management, or a related field; or
105          (iii) has held a comparable license issued in another state, district, territory, or
106     jurisdiction and meets the requirements described in Subsection 4-1-112(2);
107          (e) demonstrates good character;
108          (f) has no outstanding infractions and owes no money to the department; and
109          (g) pays the licensing fee established by the department.
110          (4) A registration certificate expires on December 31 of the second calendar year after
111     the calendar year in which the registration certificate is issued.
112          (5) (a) The department may suspend a registration certificate if the pesticide applicator
113     business violates this chapter or any rules authorized by it.
114          (b) A pesticide applicator business whose registration certificate has been suspended
115     may apply to the department for reinstatement of the registration certificate by demonstrating
116     compliance with this chapter and rules authorized by this chapter.
117          (6) A pesticide applicator business shall:
118          (a) only employ a pesticide applicator who has received a license from the department,

119     as required by Section 4-14-103; and
120          (b) ensure that all employees comply with this chapter and the rules authorized by this
121     chapter.
122          (7) An individual or entity applying for a business registration certificate does not have
123     to meet the requirements of Subsection (3)(d) if the individual's or entity's sole use of
124     pesticides is limited to:
125          (a) providing ornamental and turf pest control spot treatment services; and
126          (b) herbicides with labels that contain the signal word "caution" or "warning."
127          Section 3. Section 58-1-302 is amended to read:
128          58-1-302. License by endorsement.
129          (1) As used in this section[,]:
130          (a) ["license"] "License" means an authorization that permits the holder to engage in
131     the practice of a profession regulated under this title.
132          (b) "Limited supervised training permit" means a temporary authorization to work in a
133     limited professional capacity that would otherwise require licensure under this title.
134          (2) Subject to Subsections (4) through (7), the division shall issue a license to an
135     applicant who has been licensed in another state, district, or territory of the United States if:
136          (a) the division determines that the license issued in the other state, district, or territory
137     encompasses a similar scope of practice as the license sought in this state;
138          (b) the applicant has at least one year of experience practicing under the license issued
139     in the other state, district, or territory; and
140          (c) the applicant's license is in good standing in the other state, district, or territory
141     where the license was issued.
142          (3) Subject to [Subsections (4) through (7)] the other provisions of this section, the
143     division may issue a license to an applicant who:
144          (a) has been licensed in another state, district, or territory of the United States, or in a
145     jurisdiction outside of the United States, if:
146          (i) (A) the division determines that the applicant's education, credentialing
147     examination, experience, and skills demonstrate competency in the profession for which the
148     licensure is sought in this state; and
149          (B) the applicant has at least one year of experience practicing under the license issued

150     in the other state, district, territory, or jurisdiction; or
151          (ii) the division determines that the licensure requirements of the other state, district,
152     territory, or jurisdiction at the time the license was issued were substantially similar to the
153     current requirements for the license sought in this state; or
154          (b) has never been licensed in a state, district, or territory of the United States, or in a
155     jurisdiction outside of the United States, if:
156          (i) the applicant was educated in or obtained relevant experience in a state, district, or
157     territory of the United States, or a jurisdiction outside of the United States; and
158          (ii) the division determines that the [education or] education, credentialing
159     examination, and experience was substantially similar to the current [education or] education,
160     credentialing examination, and experience requirements for the license sought in this state.
161          (4) The division may refuse to issue a license to an applicant under this section if:
162          (a) the division determines that there is reasonable cause to believe that the applicant is
163     not qualified to receive the license in this state; or
164          (b) the applicant has a previous or pending disciplinary action related to the applicant's
165     license.
166          (5) Before the division issues a license to an applicant under this section, the applicant
167     shall:
168          (a) pay a fee determined by the department under Section 63J-1-504; and
169          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
170     standing in the profession for which licensure is sought in this state.
171          (6) (a) For an applicant who is or has been licensed in another jurisdiction, but does not
172     satisfy the requirements of Subsection (2) or (3), the division may evaluate and determine
173     whether:
174          (i) the applicant is eligible for a license under this title because the applicant's
175     education, credentialing examination, or experience obtained in the other jurisdiction is
176     substantially similar to the education, credentialing examination, or experience requirements
177     for the license; or
178          (ii) in light of the applicant's education or experience obtained in the other jurisdiction,
179     the applicant's education or experience would be substantially similar to the education or
180     experience requirements for a license under this title, if the applicant obtains additional

181     education or experience.
182          (b) After the division chooses to evaluate an applicant under Subsection (6)(a), the
183     division may issue a limited supervised training permit to the applicant if:
184          (i) the applicant has an employment offer from an employer in the state;
185          (ii) the employer attests to the division that the applicant will work under the direct
186     supervision of an individual who:
187          (A) holds a license in good standing of the same classification as the limited supervised
188     training permit; and
189          (B) has held the license for minimum period of time defined by the division;
190          (iii) (A) the division needs additional time to make a determination under Subsection
191     (6)(a)(i); or
192          (B) the division determines under Subsection (6)(a)(ii) that additional education or
193     experience would make the applicant's education or experience substantially similar to the
194     education or experience requirements for a license under this title, the applicant wishes to
195     pursue the education or experience, and the division establishes a deadline for the applicant to
196     complete the additional education or experience;
197          (iv) the applicant pays a fee determined by the department under Section 63J-1-504;
198          (v) the applicant meets the minimum professional standards to work in a supervised
199     environment that the division, in consultation with the applicable board, establishes for the
200     applicable profession;
201          (vi) the applicant submits to a background check, if required for the license for which
202     the applicant applied; and
203          (vii) the applicant meets with the applicable board, if requested, to evaluate the
204     applicant's qualifications.
205          (c) (i) A limited supervised training permit issued under this Subsection (6) expires:
206          (A) on the deadline that the division establishes for the applicant to complete the
207     additional education or experience described in Subsection (6)(b)(iii)(B); or
208          (B) upon the division's grant or denial of the applicant's application for licensure by
209     endorsement.
210          (ii) The division may not renew or otherwise extend a limited supervised training
211     permit unless:

212          (A) a circumstance or hardship arose beyond the limited supervised training permit
213     holder's control that prevented the limited supervised training permit holder from completing
214     the licensure process;
215          (B) the limited supervised training permit holder presents satisfactory evidence to the
216     division that the limited supervised training permit holder is making reasonable progress
217     toward obtaining licensure in the state;
218          (C) the division grants the renewal or extension for a period proportionate to the
219     circumstance or hardship; and
220          (D) the limited supervised training permit holder's employer consents in writing to the
221     renewal or extension.
222          [(6)] (7) The division, in consultation with the applicable licensing board, may make
223     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
224     prescribing the administration and requirements of this section.
225          (8) (a) The provisions of this section control over any conflicting licensure by
226     endorsement provision in another chapter of this title.
227          (b) The division, in consultation with the applicable licensing board and professional
228     educators that help establish and monitor educational requirements for the profession of the
229     applicant under review, shall ensure that the provisions of this section apply uniformly to the
230     administration and enforcement of licensure by endorsement for each license type under this
231     title.
232          (9) The division shall compile and post on the division's website an annual report that
233     includes:
234          (a) the number of licenses and limited supervised training permits issued under this
235     section during the preceding year;
236          (b) each determination in which the division deems specified education, credentialing
237     examination, experience, or skills substantially similar to the education, credentialing
238     examination, experience, or skills required for a license sought under this section; and
239          (c) documentation of each instance in which the applicable board disagreed with the
240     division's determination that an applicant's education, credentialing examination, experience, or
241     skills from another jurisdiction were substantially similar to the education, credentialing
242     examination, experience, or skills required for the license sought under this section.

243          [(7) In accordance with Section 58-1-107, licensure endorsement provisions in this
244     section are subject to and may be supplemented or altered by licensure endorsement provisions
245     or multistate licensure compacts in specific chapters of this title.]
246          Section 4. Effective date.
247          This bill takes effect on May 1, 2024.