Utah Senate Bill SB0044 Introduced / Bill

                    12-27 10:38	S.B. 44
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Professional Licensure Background Checks
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
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LONG TITLE
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Committee Note:
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The Business and Labor Interim Committee recommended this bill.
6 	Legislative Vote:12 voting for0 voting against10 absent
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General Description:
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This bill amends provisions related to professional licensure background checks.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ standardizes the requirements for a criminal background check for licensure in certain
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professions;
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▸ clarifies the circumstances under which the Division of Professional Licensing revokes a
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license, as that revocation applies to a criminal background check; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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58-1-301.5, as last amended by Laws of Utah 2024, Chapter 420
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58-5a-302, as last amended by Laws of Utah 2020, Chapter 339
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58-16a-302, as last amended by Laws of Utah 2022, Chapter 415
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58-17b-303, as last amended by Laws of Utah 2020, Chapter 339
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58-17b-304, as last amended by Laws of Utah 2020, Chapter 339
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58-17b-305, as last amended by Laws of Utah 2020, Chapter 339
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58-17b-306, as last amended by Laws of Utah 2024, Chapter 210
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58-24b-302, as last amended by Laws of Utah 2020, Chapter 339
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58-31b-302, as last amended by Laws of Utah 2023, Chapters 223, 284 S.B. 44	12-27 10:38
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58-42a-302, as last amended by Laws of Utah 2022, Chapter 221
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58-44a-302, as last amended by Laws of Utah 2022, Chapters 415, 438
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58-47b-302, as last amended by Laws of Utah 2024, Chapter 137
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58-55-302, as last amended by Laws of Utah 2024, Chapter 507
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58-60-205, as last amended by Laws of Utah 2024, Chapters 103, 420
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58-60-305, as last amended by Laws of Utah 2024, Chapter 420
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58-60-405, as last amended by Laws of Utah 2024, Chapter 420
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58-60-506, as last amended by Laws of Utah 2024, Chapter 420
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58-61-304, as last amended by Laws of Utah 2024, Chapter 420
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58-63-302, as last amended by Laws of Utah 2023, Chapter 223
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58-64-302, as last amended by Laws of Utah 2023, Chapter 223
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58-67-302, as last amended by Laws of Utah 2023, Chapter 329
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58-68-302, as last amended by Laws of Utah 2023, Chapter 329
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58-69-302, as last amended by Laws of Utah 2020, Chapter 339
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58-70a-302, as last amended by Laws of Utah 2023, Chapter 222
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58-70b-302, as last amended by Laws of Utah 2023, Chapter 139
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58-71-302, as last amended by Laws of Utah 2023, Chapter 249
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58-73-302, as last amended by Laws of Utah 2022, Chapter 415
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REPEALS:
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58-17b-307, as last amended by Laws of Utah 2023, Chapter 223
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58-24b-302.1, as enacted by Laws of Utah 2018, Chapter 318
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58-42a-302.1, as enacted by Laws of Utah 2022, Chapter 221
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58-44a-302.1, as enacted by Laws of Utah 2022, Chapter 438
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58-47b-302.1, as enacted by Laws of Utah 2023, Chapter 225
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58-55-302.1, as enacted by Laws of Utah 2023, Chapter 223
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58-60-103.1, as last amended by Laws of Utah 2024, Chapters 103, 420
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58-61-304.1, as last amended by Laws of Utah 2024, Chapter 420
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58-63-302.1, as enacted by Laws of Utah 2023, Chapter 223
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58-64-302.1, as enacted by Laws of Utah 2023, Chapter 223
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58-67-302.1, as enacted by Laws of Utah 2018, Chapter 318
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58-68-302.1, as enacted by Laws of Utah 2018, Chapter 318
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58-70a-301.1, as enacted by Laws of Utah 2023, Chapter 222
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Be it enacted by the Legislature of the state of Utah:
- 2 - 12-27 10:38	S.B. 44
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Section 1.  Section 58-1-301.5 is amended to read:
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58-1-301.5 . Division access to Bureau of Criminal Identification records --
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Criminal background check requirement.
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(1) As used in this section, "applicant" means an individual applying for licensure or
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certification, or with respect to a license or certification, applying for renewal,
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reinstatement, or relicensure or recertification, as required in:
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(a) Section 58-5a-302;
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(b) Section 58-16a-302;
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(c) Section 58-17b-303;
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(d) Section 58-17b-304;
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(e) Section 58-17b-305;
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(f) Section 58-17b-306;
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(g) Section 58-24b-302;
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(h) Section 58-31b-302;
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(i) Section 58-42a-302;
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(j) Section 58-44a-302;
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(k) Section 58-47b-302;
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(l) Section 58-55-302;
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(m) Section 58-60-205;
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(n) Section 58-60-305;
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(o) Section 58-60-405;
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(p) Section 58-60-506;
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(q) Section 58-61-304;
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(r) Section 58-63-302;
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(s) Section 58-64-302;
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(t) Section 58-67-302;
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(u) Section 58-68-302;
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(v) Section 58-69-302;
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(w) Section 58-70a-302;
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(x) Section 58-70b-302;
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(y) Section 58-71-302; or
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(z) Section 58-73-302.
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[(1)] (2) The division shall have direct access to local files maintained by the Bureau of
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Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal
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Identification, for background screening of [individuals who are applying for licensure
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or certification, or with respect to a license or certification, renewal, reinstatement, or
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relicensure or recertification, as required in:] an applicant.
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[(a) Sections 58-17b-306 and 58-17b-307;]
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[(b) Sections 58-24b-302 and 58-24b-302.1;]
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[(c) Section 58-31b-302;]
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[(d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
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Practice Act;]
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[(e) Section 58-44a-302.1;]
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[(f) Sections 58-47b-302 and 58-47b-302.1;]
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[(g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
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company agents, and Section 58-55-302.1;]
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[(h) Sections 58-60-103.1, 58-60-205, 58-60-305, 58-60-405, and 58-60-506 of Chapter
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60, Mental Health Professional Practice Act;]
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[(i) Sections 58-61-304 and 58-61-304.1;]
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[(j) Sections 58-63-302 and 58-63-302.1;]
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[(k) Sections 58-64-302 and 58-64-302.1;]
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[(l) Sections 58-67-302 and 58-67-302.1;]
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[(m) Sections 58-68-302 and 58-68-302.1; and]
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[(n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant
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Act.]
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[(2)] (3) The division's access to criminal background information under this section:
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(a) shall meet the requirements of Section 53-10-108; and
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(b) includes[ ] :
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(i) convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
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abeyance, dismissed charges, and charges without a known disposition; and
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(ii) criminal background information maintained under Title 53, Chapter 10, Part 2,
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Bureau of Criminal Identification.
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[(3)] (4) The division may not disseminate outside of the division any criminal history
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record information that the division obtains from the Bureau of Criminal Identification
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or the Federal Bureau of Investigation under the criminal background check
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requirements of this section.
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(5) To fulfill an applicable criminal background check requirement, an applicant shall:
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(a) submit fingerprints in a form acceptable to the division at the time the applicant files
- 4 - 12-27 10:38	S.B. 44
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a license application; and
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(b) consent to a fingerprint background check conducted by the Bureau of Criminal
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Identification and the Federal Bureau of Investigation regarding the application.
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(6)(a) Upon receiving fingerprints from an applicant in accordance with Subsection (5),
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the division shall:
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(i) collect from each applicant submitting fingerprints in accordance with this section:
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(A) the fee that the Bureau of Criminal Identification is authorized to collect for
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the services provided under Section 53-10-108; and
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(B) the fee charged by the Federal Bureau of Investigation for fingerprint
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processing for the purpose of obtaining federal criminal history record
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information;
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(ii) submit from each applicant the fingerprints and the fees described in Subsection
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(6)(a)(i) to the Bureau of Criminal Identification; and
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(iii) obtain and retain in division records a signed waiver approved by the Bureau of
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Criminal Identification in accordance with Section 53-10-108 for each applicant.
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(b) The fees described in Subsection (6)(a)(i) are in addition to other fees authorized by
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this chapter.
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(7) In accordance with the requirements of Section 53-10-108, the Bureau of Criminal
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Identification shall:
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(a) check the fingerprints submitted under Subsection (5)(a) against the applicable state
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and regional criminal records databases;
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(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal
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history background check; and
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(c) provide the results from the state, regional, and nationwide criminal history
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background checks to the division.
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(8)(a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
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criminal background check required under this section demonstrates, after the
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applicant is licensed, that the applicant failed to accurately disclose a criminal
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history, the division may provide notice to the applicant that the license is
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immediately and automatically revoked.
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(b) An individual whose license has been revoked in accordance with Subsection (8)(a)
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is entitled to a hearing to challenge the revocation.
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(c) The division shall conduct the hearing described in this Subsection (8) in accordance
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with Title 63G, Chapter 4, Administrative Procedures Act.
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Section 2.  Section 58-5a-302 is amended to read:
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58-5a-302 . Qualifications to practice podiatry.
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      An applicant for licensure to practice podiatry shall:
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(1) submit an application in a form [as prescribed by ]the division approves;
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(2) pay a fee as determined by the department under Section 63J-1-504;
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(3) provide satisfactory documentation of having successfully completed a program of
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professional education preparing an individual as a podiatric physician, as evidenced by
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having received an earned degree of doctor of podiatric medicine from a podiatry school
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or college accredited by the Council on Podiatric Medical Education;
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(4) if licensed on or after July 1, 2015, satisfy the division and board that the applicant:
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(a) has successfully completed 24 months of resident training in a program approved by
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the Council on Podiatric Medical Education; or
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(b)(i) has successfully completed 12 months of resident training in a program
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approved by the Council on Podiatric Medical Education after receiving a degree
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of doctor of podiatric medicine as required under Subsection (3);
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(ii) has been accepted in, and is successfully participating in, progressive resident
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training in a Council on Podiatric Medical Education approved program within
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Utah, in the applicant's second or third year of postgraduate training; and
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(iii) has agreed to surrender to the division the applicant's license as a podiatric
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physician without any proceedings under Title 63G, Chapter 4, Administrative
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Procedures Act, and has agreed the applicant's license as a podiatric physician will
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be automatically revoked by the division if the applicant fails to continue in good
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standing in a Council on Podiatric Medical Education approved progressive
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resident training program within the state;[ and]
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(5) pass examinations required by rule[.] ; and
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(6)(a) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(b) meet any other standard related to the criminal background check described in
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Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act; and
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(c) disclose any criminal history the division requests on a form the division approves.
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Section 3.  Section 58-16a-302 is amended to read:
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58-16a-302 . Qualifications for licensure.
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      An applicant for licensure as an optometrist shall:
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(1) submit an application in a form [prescribed by ]the division approves;
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(2) pay a fee as determined by the division under Section 63J-1-504;
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(3)(a)[(a)] (i) be a doctoral graduate of a recognized school of optometry accredited
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by the American Optometric Association's Accreditation Council on Optometric
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Education; or
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[(b)] (ii) be a graduate of a school of optometry located outside the United States that
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meets the criteria that would qualify the school for accreditation under Subsection
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(3)(a), as demonstrated by the applicant for licensure; or
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[(4)] (b) if the applicant graduated from a recognized school of optometry [prior to] before
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July 1, 1996, have successfully completed a course of study satisfactory to the
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division, in consultation with the board, in general and ocular pharmacology and
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emergency medical care;
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[(5)] (4) have passed examinations [approved by ]the division, in consultation with the board,
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approves and that include:
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(a) a standardized national optometry examination;
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(b) a standardized clinical examination; and
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(c) a standardized national therapeutics examination;[ and]
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[(6)] (5) meet with the board and representatives of the division, if requested by either party,
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for the purpose of evaluating the applicant's qualifications for licensure[.] ; and
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(6)(a) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(b) meet any other standard related to the criminal background check described in
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Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act; and
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(c) disclose any criminal history the division requests on a form the division approves.
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Section 4.  Section 58-17b-303 is amended to read:
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58-17b-303 . Qualifications for licensure as a pharmacist.
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(1) An applicant for licensure as a pharmacist shall:
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(a) submit an application in a form [prescribed by ]the division approves;
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(b) pay a fee as determined by the department under Section 63J-1-504;
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(c) [complete a criminal background check and be free from criminal convictions as
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described in Section 58-1-501;]
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(i) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(ii) meet any other standard related to the criminal background check described in
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Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act; and
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(iii) disclose any criminal history the division requests on a form the division
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approves;
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(d) have no physical or mental condition of a nature [which] that prevents the applicant
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from engaging in the practice of pharmacy with reasonable skill, competency, and
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safety to the public;
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(e) have graduated and received a professional entry degree from a school or college of
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pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
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(f) have completed an internship meeting standards established by division rule made in
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collaboration with the board; and
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(g) have successfully passed examinations required by division rule made in
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collaboration with the board.
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(2) An applicant for licensure as a pharmacist whose pharmacy education was completed at
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a foreign pharmacy school shall, in addition to the requirements under Subsections (1)(a)
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through (d), (f), and (g), obtain a certification of equivalency from a credentialing
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agency required by division rule made in collaboration with the board.
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(3) An applicant for a license by endorsement as a pharmacist under this section shall:
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(a) submit a written application in the form prescribed by the division;
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(b) pay the fee determined by the department under Section 63J-1-504;
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(c) [complete a criminal background check and be free from criminal convictions as
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described in Section 58-1-501;]
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(i) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(ii) meet any other standard related to the criminal background check described in
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Subsection (3)(c)(i), that the division establishes by rule in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act; and
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(iii) disclose any criminal history the division requests on a form the division
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approves;
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(d) have no physical or mental condition of a nature which prevents the applicant from
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engaging in the practice of pharmacy with reasonable skill, competency, and safety to
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the public;
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(e) have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in the
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four years immediately preceding the date of application;
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(f) produce satisfactory evidence of completing the professional education required
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under Subsection (1);
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(g) be currently licensed in good standing as a pharmacist in another state, territory, or
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possession of the United States;
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(h) produce satisfactory evidence that the examination requirements are or were at the
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time the license was issued, equal to those of this state; and
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(i) pass the jurisprudence examination prescribed by division rule made in collaboration
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with the board.
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Section 5.  Section 58-17b-304 is amended to read:
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58-17b-304 . Qualifications for licensure of pharmacy intern.
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      An applicant for licensure as a pharmacy intern shall:
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(1) submit an application in a form[ prescribed by] the division approves;
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(2) pay a fee determined by the department under Section 63J-1-504;
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(3) [complete a criminal background check and be free from criminal convictions as
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described in Section 58-1-501;]
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(a) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(b) meet any other standard related to the criminal background check described in
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Subsection (3)(a), that the division establishes by rule in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act; and
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(c) disclose any criminal history the division requests on a form the division approves;
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(4) have no physical or mental condition of a nature [which] that prevents the applicant from
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engaging in the practice of pharmacy with reasonable skill, competency, and safety to
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the public;
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(5) meet the preliminary educational qualifications required by division rule made in
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collaboration with the board; and
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(6) meet one of the following educational criteria:
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(a) be a current pharmacy student, a resident, or fellow in a program approved by
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division rule made in collaboration with the board; or
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(b) have graduated from a foreign pharmacy school and received certification of
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equivalency from a credentialing agency approved by division rule made in
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collaboration with the board.
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Section 6.  Section 58-17b-305 is amended to read:
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58-17b-305 . Qualifications for licensure of pharmacy technician.
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(1) An applicant for licensure as a pharmacy technician shall:
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(a) submit an application in a form [prescribed by ]the division approves;
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(b) pay a fee determined by the department under Section 63J-1-504;
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(c) [complete a criminal background check and be free from criminal convictions as
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described in Section 58-1-501;]
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(i) consent to, and complete, a criminal background check, described in Section
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58-1-301.5;
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(ii) meet any other standard related to the criminal background check described in
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Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act; and
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(iii) disclose any criminal history the division requests on a form the division
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approves;
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(d) have no physical or mental condition of a nature [which] that prevents the applicant
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from engaging in practice as a pharmacy technician with reasonable skill,
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competency, and safety to the public;
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(e) have completed a program and curriculum of education and training, meeting
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standards established by division rule made in collaboration with the board; and
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(f) successfully complete the examinations requirement within the time periods
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established by division rule made in collaboration with the board.
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(2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
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disciplinary purposes is not eligible to be a licensed pharmacy technician while on
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probation with the division.
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Section 7.  Section 58-17b-306 is amended to read:
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58-17b-306 . Qualifications for licensure as a pharmacy.
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(1) Each applicant for licensure under this section, except for those applying for a class D
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license, shall:
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(a) submit a written application in the form[ prescribed by] the division approves;
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(b) pay a fee as determined by the department under Section 63J-1-504;
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(c) satisfy the division that the applicant, and each owner, officer, or manager of the
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applicant, [have] has not engaged in any act, practice, or omission, which when
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considered with the duties and responsibilities of a licensee under this section
336 
indicates there is cause to believe that issuing a license to the applicant is inconsistent
337 
with the interest of the public's health, safety, or welfare;
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(d) demonstrate the licensee's operations will be in accordance with all federal, state, and
339 
local laws relating to the type of activity engaged in by the licensee, including
340 
regulations of the Federal Drug Enforcement Administration and Food and Drug
341 
Administration;
342 
(e) maintain operating standards established by division rule made in collaboration with
343 
the board and in accordance with Title 63G, Chapter 3, Utah Administrative
344 
Rulemaking Act;
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(f)(i) for each pharmacy license, ensure that the [pharmacist in charge] 
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pharmacist-in-charge, as defined by the division[, submits fingerprint cards and
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consents to a fingerprint background check in accordance with Section 58-17b-307] 
348 
consents to, and completes, a criminal background check, described in Section
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58-1-301.5;
350 
(ii) meets any other standard related to the criminal background check described in
351 
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act; and
353 
(iii) discloses any criminal history the division requests on a form the division
354 
approves; and
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(g) acknowledge the division's authority to inspect the licensee's business premises
356 
pursuant to Section 58-17b-103.
357 
(2) Each applicant applying for a class D license shall:
358 
(a) submit a written application in the form[ prescribed by] the division approves;
359 
(b) pay a fee as determined by the department under Section 63J-1-504;
360 
(c) present to the division verification of licensure in the state where physically located
361 
and verification that such license is in good standing;
362 
(d) satisfy the division that the applicant and each of the applicant's pharmacy managers
363 
has not engaged in any act, practice, or omission, which when considered with the
364 
duties and responsibilities of a licensee under this section, indicates there is cause to
365 
believe that issuing a license to the applicant is inconsistent with the interest of the
366 
public's health, safety, or welfare;
367 
(e) for each pharmacy manager[, submit fingerprint cards and consent to a fingerprint
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background check in accordance with Section 58-17b-307;] :
369 
(i) consent to, and complete, a criminal background check, described in Section
370 
58-1-301.5;
371 
(ii) meet any other standard related to the criminal background check described in
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Subsection (2)(e)(i), that the division establishes by rule in accordance with Title
373 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
374 
(iii) disclose any criminal history the division requests on a form the division
375 
approves;
376 
(f) provide a statement of the scope of pharmacy services that will be provided and a
377 
detailed description of the protocol as described by rule by which pharmacy care will
378 
be provided, including any collaborative practice arrangements with other health care
379 
practitioners;
380 
(g) sign an affidavit attesting that any healthcare practitioners employed by the applicant
381 
and physically located in Utah have the appropriate license issued by the division and
382 
in good standing;
383 
(h) sign an affidavit attesting that the applicant will abide by the pharmacy laws and
384 
regulations of the jurisdiction in which the pharmacy is located; and
385 
(i) if an applicant engages in compounding, submit the most recent inspection report:
386 
(i) conducted within two years before the application for licensure; and
387 
(ii)(A) conducted as part of the National Association of Boards of Pharmacy
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Verified Pharmacy Program; or
389 
(B) performed by the state licensing agency of the state in which the applicant is a
390 
resident and in accordance with the National Association of Boards of
391 
Pharmacy multistate inspection blueprint program.
392 
(3)(a) Each license issued under this section shall be associated with a single, specific
393 
address.
394 
(b) By rule made in collaboration with the board and in accordance with Title 63G,
395 
Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee
396 
to update, by request to the division, the address associated with the licensee under
397 
Subsection (3)(a), to a new address if the licensee requests the change of address at
398 
least 90 days before the day on which the licensee begins operating at the new
399 
address.
400 
Section 8.  Section 58-24b-302 is amended to read:
401 
58-24b-302 . Licensure.
402 
(1) An applicant for a license as a physical therapist shall:
403 
(a) complete the application process, including payment of fees;
404 
(b) submit proof of graduation from a professional physical therapist education program
405 
that is accredited by a recognized accreditation agency;
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406 
(c) pass a licensing examination:
407 
(i) after complying with Subsection (1)(b); or
408 
(ii) if the applicant is in the final term of a professional physical therapist education
409 
program that is accredited by a recognized accreditation agency;
410 
(d) be able to read, write, speak, understand, and be understood in the English language
411 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
412 
(e)(i) [consent to a criminal background check in accordance with Section
413 
58-24b-302.1 and any requirements established by rule made in accordance with
414 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and
415 
complete, a criminal background check, described in Section 58-1-301.5;
416 
(ii) meet any other standard related to the criminal background check described in
417 
Subsection (1)(e)(i), that the division establishes by rule in accordance with Title
418 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
419 
(iii) disclose any criminal history the division requests on a form the division
420 
approves; and
421 
(f) meet any other requirements established by the division, by rule made in accordance
422 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
423 
(2) An applicant for a license as a physical therapist assistant shall:
424 
(a) complete the application process, including payment of fees set by the division, in
425 
accordance with Section 63J-1-504, to recover the costs of administering the
426 
licensing requirements relating to physical therapist assistants;
427 
(b) submit proof of graduation from a physical therapist assistant education program that
428 
is accredited by a recognized accreditation agency;
429 
(c) pass a licensing examination approved by division rule made in collaboration with
430 
the board and in accordance with Title 63G, Chapter 3, Utah Administrative
431 
Rulemaking Act:
432 
(i) after the applicant complies with Subsection (2)(b); or
433 
(ii) if the applicant is in the final term of a physical therapist assistant education
434 
program that is accredited by a recognized accreditation agency;
435 
(d) be able to read, write, speak, understand, and be understood in the English language
436 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
437 
(e)(i) [submit to, and pass, a criminal background check, in accordance with Section
438 
58-24b-302.1 and standards established by rule made in accordance with Title
439 
63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and complete, a
- 13 - S.B. 44	12-27 10:38
440 
criminal background check, described in Section 58-1-301.5;
441 
(ii) meet any other standard related to the criminal background check described in
442 
Subsection (2)(e)(i), that the division establishes by rule in accordance with Title
443 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
444 
(iii) disclose any criminal history the division requests on a form the division
445 
approves; and
446 
(f) meet any other requirements established by the division, by rule made in accordance
447 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
448 
(3) An applicant for a license as a physical therapist who is educated outside of the United
449 
States shall:
450 
(a) complete the application process, including payment of fees;
451 
(b)(i) provide satisfactory evidence that the applicant graduated from a professional
452 
physical therapist education program that is accredited by a recognized
453 
accreditation agency; or
454 
(ii)(A) provide satisfactory evidence that the applicant graduated from a physical
455 
therapist education program that prepares the applicant to engage in the
456 
practice of physical therapy, without restriction;
457 
(B) provide satisfactory evidence that the education program described in
458 
Subsection (3)(b)(ii)(A) is recognized by the government entity responsible for
459 
recognizing a physical therapist education program in the country where the
460 
program is located; and
461 
(C) pass a credential evaluation to ensure that the applicant has satisfied uniform
462 
educational requirements;
463 
(c) after complying with Subsection (3)(b), pass a licensing examination;
464 
(d) be able to read, write, speak, understand, and be understood in the English language
465 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
466 
(e)(i) [consent to a criminal background check in accordance with Section
467 
58-24b-302.1 and any requirements established by rule made in accordance with
468 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and
469 
complete, a criminal background check, described in Section 58-1-301.5;
470 
(ii) meet any other standard related to the criminal background check described in
471 
Subsection (3)(e)(i), that the division establishes by rule in accordance with Title
472 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
473 
(iii) disclose any criminal history the division requests on a form the division
- 14 - 12-27 10:38	S.B. 44
474 
approves; and
475 
(f) meet any other requirements established by the division, by rule made in accordance
476 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
477 
(4) The division shall issue a license to [a person] an individual who holds a current
478 
unrestricted license to practice physical therapy in a state, district, or territory of the
479 
United States of America, other than Utah, if the [person] individual:
480 
(a) completes the application process, including payment of fees;
481 
(b) is able to read, write, speak, understand, and be understood in the English language
482 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
483 
(c) [consents to a criminal background check in accordance with Section 58-24b-302.1
484 
and any requirements established by rule made in accordance with Title 63G,
484a 
Chapter
485 
3, Utah Administrative Rulemaking Act; and]
486 
(i) consents to, and completes, a criminal background check, described in Section
487 
58-1-301.5;
488 
(ii) meets any other standard related to the criminal background check described in
489 
Subsection (4)(c)(i), that the division establishes by rule in accordance with Title
490 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
491 
(iii) discloses any criminal history the division requests on a form the division
492 
approves; and
493 
(d) meets any other requirements established by the division, by rule made in accordance
494 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
495 
(5)(a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
496 
internship in physical therapy, unless the [person] individual is:
497 
(i) certified by the division; or
498 
(ii) exempt from licensure under Section 58-24b-304.
499 
(b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
500 
participating in the supervised clinical training program for the purpose of becoming
501 
a physical therapist or a physical therapist assistant.
502 
Section 9.  Section 58-31b-302 is amended to read:
503 
58-31b-302 . Qualifications for licensure or certification -- Criminal background
504 
checks.
505 
(1) An applicant for certification as a medication aide shall:
506 
(a) submit an application to the division on a form [prescribed by ]the division approves;
- 15 - S.B. 44	12-27 10:38
507 
(b) pay a fee to the division as determined under Section 63J-1-504;
508 
(c) have a high school diploma or its equivalent;
509 
(d) have a current certification as a nurse aide, in good standing, from the Department of
510 
Health and Human Services;
511 
(e) have a minimum of 2,000 hours of experience within the two years [prior to] before
512 
application, working as a certified nurse aide in a long-term care facility or another
513 
health care facility that is designated by the division in collaboration with the board;
514 
(f) obtain letters of recommendation from a health care facility administrator and one
515 
licensed nurse familiar with the applicant's work practices as a certified nurse aide;
516 
(g) be in a condition of physical and mental health that will permit the applicant to
517 
practice safely as a medication aide certified;
518 
(h) have completed an approved education program or an equivalent as determined by
519 
the division in collaboration with the board;
520 
(i) have passed the examinations as required by division rule made in collaboration with
521 
the board; and
522 
(j) meet with the board, if requested, to determine the applicant's qualifications for
523 
certification.
524 
(2) An applicant for licensure as a licensed practical nurse shall:
525 
(a) submit to the division an application in a form [prescribed by ]the division approves;
526 
(b) pay to the division a fee determined under Section 63J-1-504;
527 
(c) have a high school diploma or its equivalent;
528 
(d) be in a condition of physical and mental health that will permit the applicant to
529 
practice safely as a licensed practical nurse;
530 
(e) have completed an approved practical nursing education program or an equivalent as
531 
determined by the board;
532 
(f) have passed the examinations as required by division rule made in collaboration with
533 
the board; and
534 
(g) meet with the board, if requested, to determine the applicant's qualifications for
535 
licensure.
536 
(3) An applicant for a registered nurse apprentice license shall:
537 
(a) submit to the division an application form [prescribed by ]the division approves;
538 
(b) pay to the division a fee determined under Section 63J-1-504;
539 
(c) have a high school diploma or its equivalent;
540 
(d) be in a condition of physical and mental health that will allow the applicant to
- 16 - 12-27 10:38	S.B. 44
541 
practice safely as a registered nurse apprentice;
542 
(e) as determined by an approved registered nursing education program, be:
543 
(i) in good standing with the program; and
544 
(ii) in the last semester, quarter, or competency experience;
545 
(f) have written permission from the program in which the applicant is enrolled; and
546 
(g) meet with the board, if requested, to determine the applicant's qualifications for
547 
licensure.
548 
(4) An applicant for licensure as a registered nurse shall:
549 
(a) submit to the division an application form[ prescribed by ]the division approves;
550 
(b) pay to the division a fee determined under Section 63J-1-504;
551 
(c) have a high school diploma or its equivalent;
552 
(d) be in a condition of physical and mental health that will allow the applicant to
553 
practice safely as a registered nurse;
554 
(e) have completed an approved registered nursing education program;
555 
(f) have passed the examinations as required by division rule made in collaboration with
556 
the board; and
557 
(g) meet with the board, if requested, to determine the applicant's qualifications for
558 
licensure.
559 
(5) [Applicants ] An applicant for licensure as an advanced practice registered nurse shall:
560 
(a) submit to the division an application on a form [prescribed by ]the division approves;
561 
(b) pay to the division a fee determined under Section 63J-1-504;
562 
(c) be in a condition of physical and mental health [which will allow] that allows the
563 
applicant to practice safely as an advanced practice registered nurse;
564 
(d) hold a current registered nurse license in good standing issued by the state or be
565 
qualified at the time for licensure as a registered nurse;
566 
(e)(i) have earned a graduate degree in:
567 
(A) an advanced practice registered nurse nursing education program; or
568 
(B) a related area of specialized knowledge as determined appropriate by the
569 
division in collaboration with the board; or
570 
(ii) have completed a nurse anesthesia program in accordance with Subsection
571 
(5)(f)(ii);
572 
(f) have completed:
573 
(i) course work in patient assessment, diagnosis and treatment, and
574 
pharmacotherapeutics from an education program approved by the division in
- 17 - S.B. 44	12-27 10:38
575 
collaboration with the board; or
576 
(ii) a nurse anesthesia program which is approved by the Council on Accreditation of
577 
Nurse Anesthesia Educational Programs;
578 
(g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
579 
described in division rule, that the applicant, after completion of a doctorate or
580 
master's degree required for licensure, is in the process of completing the applicant's
581 
clinical practice requirements in psychiatric mental health nursing, including in
582 
psychotherapy;
583 
(h) have passed the examinations as required by division rule made in collaboration with
584 
the board;
585 
(i) be currently certified by a program approved by the division in collaboration with the
586 
board and submit evidence satisfactory to the division of the certification; and
587 
(j) meet with the board, if requested, to determine the applicant's qualifications for
588 
licensure.
589 
(6) [For each] Each applicant for licensure or certification under this chapter, except an
590 
applicant under Subsection 58-31b-301(2)(b), shall:
591 
[(a) the applicant shall:]
592 
[(i) submit fingerprint cards in a form acceptable to the division at the time the
593 
application is filed; and]
594 
[(ii) consent to a fingerprint background check conducted by the Bureau of Criminal
595 
Identification and the Federal Bureau of Investigation regarding the application;]
596 
[(b) the division shall:]
597 
[(i) in addition to other fees authorized by this chapter, collect from each applicant
598 
submitting fingerprints in accordance with this section the fee that the Bureau of
599 
Criminal Identification is authorized to collect for the services provided under
600 
Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for
601 
fingerprint processing for the purpose of obtaining federal criminal history record
602 
information;]
603 
[(ii) submit from each applicant the fingerprint card and the fees described in this
604 
Subsection (6)(b) to the Bureau of Criminal Identification; and]
605 
[(iii) obtain and retain in division records a signed waiver approved by the Bureau of
606 
Criminal Identification in accordance with Section 53-10-108 for each applicant;
606a 
and]
607 
[(c) the Bureau of Criminal Identification shall, in accordance with the requirements of
- 18 - 12-27 10:38	S.B. 44
608 
Section 53-10-108:]
609 
[(i) check the fingerprints submitted under Subsection (6)(b) against the applicable
609a 
state
610 
and regional criminal records databases;]
611 
[(ii) forward the fingerprints to the Federal Bureau of Investigation for a national
612 
criminal history background check; and]
613 
[(iii) provide the results from the state, regional, and nationwide criminal history
614 
background checks to the division.]
615 
(a) consent to, and complete, a criminal background check, described in Section
616 
58-1-301.5;
617 
(b) meet any other standard related to the criminal background check described in
618 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
619 
Chapter 3, Utah Administrative Rulemaking Act; and
620 
(c) disclose any criminal history the division requests on a form the division approves.
621 
[(7) For purposes of conducting the criminal background checks required in Subsection (6),
622 
the division shall have direct access to criminal background information maintained
623 
pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.]
624 
[(8)(a)(i) Any new nurse license or certification issued under this section shall be
625 
conditional, pending completion of the criminal background check.]
626 
[(ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
626a 
criminal
627 
background check discloses the applicant has failed to accurately disclose a
627a 
criminal
628 
history, the license or certification shall be immediately and automatically
628a 
revoked upon
629 
notice to the licensee by the division.]
630 
[(b)(i) An individual whose conditional license or certification has been revoked
630a 
under
631 
Subsection (8)(a) is entitled to a postrevocation hearing to challenge the
631a 
revocation.]
632 
[(ii) A postrevocation hearing shall be conducted in accordance with Title 63G,
632a 
Chapter 4,
633 
Administrative Procedures Act.]
634 
[(9)] (7) If an individual has been charged with a violent felony, as defined in Subsection
- 19 - S.B. 44	12-27 10:38
635 
76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of
636 
guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance
637 
pending the successful completion of probation, the division shall act upon the license as
638 
required under Section 58-1-401.
639 
[(10)] (8) If an individual has been charged with a felony other than a violent felony, as
640 
defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been
641 
convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo
642 
contendere held in abeyance pending the successful completion of probation, the
643 
division shall determine whether the felony disqualifies the individual for licensure
644 
under this chapter and act upon the license, as required, in accordance with Section
645 
58-1-401.
646 
[(11) The division may not disseminate outside of the division any criminal history record
647 
information that the division obtains from the Bureau of Criminal Identification or the
648 
Federal Bureau of Investigation under the criminal background check requirements of
649 
this section.]
650 
Section 10.  Section 58-42a-302 is amended to read:
651 
58-42a-302 . Qualifications for licensure.
652 
(1) An applicant for licensure as an occupational therapist shall:
653 
(a) submit an application in a form [as prescribed by ]the division approves;
654 
(b) pay a fee as determined by the department under Section 63J-1-504;
655 
(c) graduate with a bachelor's or graduate degree for the practice of occupational therapy
656 
from an education program accredited by the American Occupational Therapy
657 
Association's Accreditation Council for Occupational Therapy Education, a
658 
predecessor organization, or an equivalent organization as determined by division
659 
rule;
660 
(d) if applying for licensure on or after July 1, 2015, complete a minimum of 24 weeks
661 
of supervised fieldwork experience;
662 
(e) pass an examination approved by the division in consultation with the board and
663 
administered by the National Board for Certification in Occupational Therapy, or by
664 
another nationally recognized credentialing body as approved by division rule, to
665 
demonstrate knowledge of the practice, skills, theory, and professional ethics related
666 
to occupational therapy; and
667 
(f) [if the applicant is applying to participate in the Occupational Therapy Licensure
668 
Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a
- 20 - 12-27 10:38	S.B. 44
669 
criminal background check in accordance with Section 58-42a-302.1 and any
670 
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
671 
Administrative Rulemaking Act.]
672 
(i) consent to, and complete, a criminal background check, described in Section
673 
58-1-301.5;
674 
(ii) meet any other standard related to the criminal background check described in
675 
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title
676 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
677 
(iii) disclose any criminal history the division requests on a form the division
678 
approves.
679 
(2) [All applicants ] An applicant for licensure as an occupational therapy assistant shall:
680 
(a) submit an application in a form [as prescribed by ]the division approves;
681 
(b) pay a fee as determined by the department under Section 63J-1-504;
682 
(c) graduate from an educational program for the practice of occupational therapy as an
683 
occupational therapy assistant that is accredited by the American Occupational
684 
Therapy Association's Accreditation Council for Occupational Therapy Education, a
685 
predecessor organization, or an equivalent organization as determined by division
686 
rule;
687 
(d) if applying for licensure on or after July 1, 2015, complete a minimum of 16 weeks
688 
of supervised fieldwork experience;
689 
(e) pass an examination approved by the division in consultation with the board and
690 
administered by the National Board for Certification in Occupational Therapy, or by
691 
another nationally recognized credentialing body as approved by division rule, to
692 
demonstrate knowledge of the practice, skills, theory, and professional ethics related
693 
to occupational therapy; and
694 
(f) [if the applicant is applying to participate in the Occupational Therapy Licensure
695 
Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a
696 
criminal background check in accordance with Section 58-42a-302.1 and any
697 
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
698 
Administrative Rulemaking Act.]
699 
(i) consent to, and complete, a criminal background check, described in Section
700 
58-1-301.5;
701 
(ii) meet any other standard related to the criminal background check described in
702 
Subsection (2)(f)(i), that the division establishes by rule in accordance with Title
- 21 - S.B. 44	12-27 10:38
703 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
704 
(iii) disclose any criminal history the division requests on a form the division
705 
approves.
706 
(3) Notwithstanding the other requirements of this section, the division may issue a license
707 
as an occupational therapist or as an occupational therapy assistant to an applicant who:
708 
(a) consents to a criminal background check in accordance with Section 58-42a-302 and
709 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
710 
Utah Administrative Rulemaking Act; and
711 
(b)(i) meets the requirements of receiving a license by endorsement under Section
712 
58-1-302; or
713 
(ii) has been licensed in a state, district, or territory of the United States, or in a
714 
foreign country, where the education, experience, or examination requirements are
715 
not substantially equal to the requirements of this state, if the applicant passes the
716 
applicable examination described in Subsection (1)(e) or (2)(e).
717 
Section 11.  Section 58-44a-302 is amended to read:
718 
58-44a-302 . Qualifications for licensure.
719 
(1) An applicant for licensure as a nurse midwife shall:
720 
(a) submit an application in a form [as prescribed by ]the division approves;
721 
(b) pay a fee as determined by the department under Section 63J-1-504;
722 
(c) at the time of application for licensure hold a license in good standing as a registered
723 
nurse in Utah, or be at that time qualified for a license as a registered nurse under
724 
Title 58, Chapter 31b, Nurse Practice Act;
725 
(d) have completed:
726 
(i) a certified nurse midwifery education program accredited by the Accreditation
727 
Commission for Midwifery Education and approved by the division; or
728 
(ii) a nurse midwifery education program located outside of the United States which
729 
is approved by the division and is equivalent to a program accredited by the
730 
Accreditation Commission for Midwifery Education, as demonstrated by a
731 
graduate's being accepted to sit for the national certifying examination
732 
administered by the Accreditation Commission for Midwifery Education or its
733 
designee;
734 
(e) have passed examinations established by the division rule in collaboration with the
735 
board within two years after completion of the approved education program required
736 
under Subsection (1)(d); and
- 22 - 12-27 10:38	S.B. 44
737 
(f) [complete and pass a criminal background check in accordance with Section
738 
58-44a-302.1.]
739 
(i) consent to, and complete, a criminal background check, described in Section
740 
58-1-301.5;
741 
(ii) meet any other standard related to the criminal background check described in
742 
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title
743 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
744 
(iii) disclose any criminal history the division requests on a form the division
745 
approves.
746 
(2) For purposes of Subsection (1)(d), as of January 1, 2010, an applicant shall have
747 
completed a graduate degree, including post-master's certificate, in nurse midwifery
748 
from the accredited education program or the accredited education program's equivalent.[.]
749 
Section 12.  Section 58-47b-302 is amended to read:
750 
58-47b-302 . License classifications -- Qualifications for licensure.
751 
(1) The division shall issue licenses under this chapter in the classifications of:
752 
(a) massage therapist;
753 
(b) massage apprentice;
754 
(c) massage assistant; and
755 
(d) massage assistant in-training.
756 
(2) An applicant for licensure as a massage therapist shall:
757 
(a) submit an application in a form [prescribed by ]the division approves;
758 
(b) pay a fee determined by the department under Section 63J-1-504;
759 
(c) be 18 years old or older;
760 
(d) have either:
761 
(i)(A) graduated from a school of massage having a curriculum that meets
762 
standards established by division rule made in collaboration with the board and
763 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
764 
Act; or
765 
(B) completed equivalent education and training in compliance with division rule
766 
made in accordance with Title 63G, Chapter 3, Utah Administrative
767 
Rulemaking Act; or
768 
(ii) completed a massage apprenticeship program consisting of a minimum of 1,000
769 
hours of supervised training and in accordance with standards established by
770 
division rule made in collaboration with the board and in accordance with Title
- 23 - S.B. 44	12-27 10:38
771 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
772 
(e) pass:
773 
(i) the Federation of State Massage Therapy Boards Massage and Bodywork
774 
Licensing Examination; or
775 
(ii) any other examination established by division rule made in collaboration with the
776 
board and in accordance with Title 63G, Chapter 3, Utah Administrative
777 
Rulemaking Act.
778 
(3) An applicant for licensure as a massage apprentice shall:
779 
(a) submit an application in a form [prescribed by ]the division approves;
780 
(b) pay a fee determined by the department under Section 63J-1-504;
781 
(c) be 18 years old or older;
782 
(d) provide satisfactory evidence to the division that the applicant will practice as a
783 
massage apprentice only under the direct supervision of a licensed massage therapist
784 
in good standing who, for at least 6,000 hours, has engaged in the lawful practice of
785 
massage therapy as a licensed massage therapist; and
786 
(e) pass an examination as required by division rule made in accordance with Title 63G,
787 
Chapter 3, Utah Administrative Rulemaking Act.
788 
(4)(a) An applicant for licensure as a massage assistant shall:
789 
(i) submit an application in a form [prescribed by ]the division approves;
790 
(ii) pay a fee determined by the department in accordance with Section 63J-1-504;
791 
(iii) be 18 years old or older;
792 
(iv) subject to Subsection (4)(b), complete at least 300 hours of education and
793 
training approved by division rule made accordance with Title 63G, Chapter 3,
794 
Utah Administrative Rulemaking Act;
795 
(v) provide satisfactory evidence to the division that the applicant will practice as a
796 
massage assistant only under the indirect supervision of a massage therapy
797 
supervisor; and
798 
(vi) pass an examination as required by division rule made in accordance with Title
799 
63G, Chapter 3, Utah Administrative Rulemaking Act.
800 
(b) The 300-hour education and training requirement described in Subsection (4)(a) shall
801 
include:
802 
(i) at least 150 hours of education and training while the applicant is:
803 
(A) enrolled in massage school; or
804 
(B) licensed as a massage assistant in-training and under the direct supervision of
- 24 - 12-27 10:38	S.B. 44
805 
a massage therapist in good standing who, for at least 6,000 hours, has engaged
806 
in the lawful practice of massage therapy; and
807 
(ii) at least 150 hours of education and training while the applicant is:
808 
(A) enrolled in massage school; or
809 
(B) licensed as a massage assistant in-training and under the indirect supervision
810 
of a massage therapist in good standing who, for at least 6,000 hours, has
811 
engaged in the lawful practice of massage therapy.
812 
(5) An applicant for licensure as a massage assistant in-training shall:
813 
(a) submit an application in a form [prescribed by ]the division approves;
814 
(b) pay a fee determined by the department in accordance with Section 63J-1-504;
815 
(c) be 18 years old or older; and
816 
(d) provide satisfactory evidence to the division that the applicant will practice as a
817 
massage assistant in-training under the supervision of a massage therapist for a
818 
period of no more than six months for the purpose of satisfying the requirements
819 
described in Subsections (4)(a)(iv) and (4)(b) for licensure as a massage assistant.
820 
(6)(a) A massage therapist may supervise at one time up to six individuals licensed as a
821 
massage apprentice or massage assistant in-training.
822 
(b) A massage therapy supervisor may supervise at one time up to six individuals
823 
licensed as a massage assistant.
824 
(7) A new massage therapist, massage apprentice, massage assistant, or massage assistant
825 
in-training applicant shall[ submit to and pass a criminal background check in
826 
accordance with Section 58-47b-302.1 and any requirements established by division rule
827 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.] :
828 
(a) consent to, and complete, a criminal background check, described in Section
829 
58-1-301.5;
830 
(b) meet any other standard related to the criminal background check described in
831 
Subsection (7)(a), that the division establishes by rule in accordance with Title 63G,
832 
Chapter 3, Utah Administrative Rulemaking Act; and
833 
(c) disclose any criminal history the division requests on a form the division approves.
834 
Section 13.  Section 58-55-302 is amended to read:
835 
58-55-302 . Qualifications for licensure.
836 
(1) Each applicant for a license under this chapter shall:
837 
(a) submit an application [prescribed by ]the division approves;
838 
(b) pay a fee as determined by the department under Section 63J-1-504;
- 25 - S.B. 44	12-27 10:38
839 
(c) meet the examination requirements established by this section and by rule by the
840 
commission with the concurrence of the director, which requirements include:
841 
(i) for licensure as an apprentice electrician, apprentice plumber, or specialty
842 
contractor, no division-administered examination is required;
843 
(ii) for licensure as a general building contractor, general engineering contractor,
844 
residential and small commercial contractor, general plumbing contractor,
845 
residential plumbing contractor, general electrical contractor, or residential
846 
electrical contractor, the only required division-administered examination is a
847 
division-administered examination that covers information from the 25-hour
848 
course described in Subsection (1)(e)(iii), which course may have been previously
849 
completed as part of applying for any other license under this chapter, and, if the
850 
25-hour course was completed on or after July 1, 2019, the five-hour business law
851 
course described in Subsection (1)(e)(iv); and
852 
(iii) if required [in] by Section 58-55-304 and the applicant is a business entity, that an
853 
individual qualifier[ must] pass the required division-administered examination[ if
854 
the applicant is a business entity];
855 
(d) [if an] for licensure as an apprentice, identify the proposed supervisor of the
856 
apprenticeship;
857 
(e) [if an applicant for a contractor's license] for licensure as a contractor:
858 
(i) produce satisfactory evidence of financial responsibility, except for a construction
859 
trades instructor for whom evidence of financial responsibility is not required;
860 
(ii) produce satisfactory evidence of:
861 
(A) except as provided in Subsection (2)(a), and except that no employment
862 
experience is required for licensure as a specialty contractor, two years
863 
full-time paid employment experience in the construction industry, which
864 
employment experience, unless more specifically described in this section, may
865 
be related to any contracting classification and does not have to include
866 
supervisory experience; and
867 
(B) knowledge of the principles of the conduct of business as a contractor,
868 
reasonably necessary for the protection of the public health, safety, and welfare;
869 
(iii) except as otherwise provided by rule by the commission with the concurrence of
870 
the director, complete a 25-hour course [established by rule by] that the
871 
commission with the concurrence of the director[, which]  establishes by rule, that
872 
is taught by an approved prelicensure course provider, and which [course ]may
- 26 - 12-27 10:38	S.B. 44
873 
include:
874 
(A) construction business practices;
875 
(B) bookkeeping fundamentals;
876 
(C) mechanics lien fundamentals;
877 
(D) other aspects of business and construction principles considered important by
878 
the commission with the concurrence of the director; and
879 
(E) for no additional fee, a provider-administered examination at the end of the
880 
25-hour course;
881 
(iv) if the applicant is applying for licensure as a general building contractor, general
882 
engineering contractor, residential and small commercial contractor, general
883 
plumbing contractor, residential plumbing contractor, general electrical contractor,
884 
or residential electrical contractor, other than an applicant who completed the
885 
25-hour course described in Subsection (1)(e)(iii) before July 1, 2019, complete a
886 
five-hour business and law course[ ] :
887 
(A) [established by rule by ] that the commission, with the concurrence of the
888 
director, establishes by rule; and
889 
(B) [ which] that is taught by an approved prelicensure course provider[, if an
890 
applicant for licensure as a general building contractor, general engineering
891 
contractor, residential and small commercial contractor, general plumbing
892 
contractor, residential plumbing contractor, general electrical contractor, or
893 
residential electrical contractor, except that if the 25-hour course described in
894 
Subsection (1)(e)(iii) was completed before July 1, 2019, the applicant does not
895 
need to take the business and law course];
896 
(v)(A) for licensure as a residential electrical contractor, be a licensed master
897 
electrician if an applicant for an electrical contractor's license or a licensed
898 
master residential electrician[ if an applicant for a residential electrical
899 
contractor's license];
900 
(B) for licensure as a residential plumbing contractor, be a licensed master
901 
plumber if an applicant for a plumbing contractor's license or a licensed master
902 
residential plumber[ if an applicant for a residential plumbing contractor's
903 
license]; or
904 
(C) for licensure as an elevator contractor, be a licensed elevator mechanic and
905 
produce satisfactory evidence of three years experience as an elevator mechanic[
906 
if an applicant for an elevator contractor's license];[ and]
- 27 - S.B. 44	12-27 10:38
907 
(vi) when the applicant is an unincorporated entity, provide a list of the one or more
908 
individuals who hold an ownership interest in the applicant as of the day on which
909 
the application is filed that includes for each individual:
910 
(A) the individual's name, address, birth date, and social security number or other
911 
satisfactory evidence of the applicant's identity permitted under rules made by
912 
the division in accordance with Title 63G, Chapter 3, Utah Administrative
913 
Rulemaking Act; and
914 
(B) whether the individual will engage in a construction trade; and
915 
(vii) the applicant or, if the applicant is a business entity as described in Section
916 
58-55-304, an individual qualifier and each individual with at least a 10% voting
917 
interest in the business entity shall:
918 
(A) consent to, and complete, a criminal background check, described in Section
919 
58-1-301.5;
920 
(B) meet any other standard related to the criminal background check described in
921 
Subsection (1)(e)(vii)(A), that the division establishes by rule in accordance
922 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
923 
(C) disclose any criminal history the division requests on a form the division
924 
approves; and
925 
(f) [if an applicant ]for licensure as a construction trades instructor[ license], satisfy any
926 
additional requirements [established by rule] the division establishes by rule.
927 
(2)(a) If the applicant for a contractor's license described in Subsection (1) is a building
928 
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
929 
evidence of two years of full-time paid employment experience as a building
930 
inspector, which shall include at least one year of full-time experience as a licensed
931 
combination inspector.
932 
(b) The applicant shall file the following with the division before the division issues the
933 
license:
934 
(i) proof of workers' compensation insurance [which] that covers employees of the
935 
applicant in accordance with applicable Utah law;
936 
(ii) proof of public liability insurance in coverage amounts and form established by
937 
rule except for a construction trades instructor for whom public liability insurance
938 
is not required; and
939 
(iii) proof of registration as required by applicable law with the:
940 
(A) Department of Commerce;
- 28 - 12-27 10:38	S.B. 44
941 
(B) Division of Corporations and Commercial Code;
942 
(C) Unemployment Insurance Division in the Department of Workforce Services,
943 
for purposes of Title 35A, Chapter 4, Employment Security Act;
944 
(D) State Tax Commission; and
945 
(E) Internal Revenue Service.
946 
(3) In addition to the general requirements for each applicant in Subsection (1), [applicants] 
947 
an applicant shall comply with the following requirements to be licensed in the
948 
following classifications:
949 
(a)(i) [A ] a master plumber shall produce satisfactory evidence that the applicant:
950 
(A) has been a licensed journeyman plumber for at least two years and had two
951 
years of supervisory experience as a licensed journeyman plumber in
952 
accordance with division rule;
953 
(B) has received at least an associate of applied science degree or similar degree
954 
following the completion of a course of study approved by the division and had
955 
one year of supervisory experience as a licensed journeyman plumber in
956 
accordance with division rule; or
957 
(C) meets the qualifications for expedited licensure as established by rules made
958 
by the commission, with the concurrence of the director, in accordance with
959 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
960 
demonstrate the applicant has the knowledge and skills to be a licensed master
961 
plumber[.] ;
962 
(ii) [An] an individual holding a valid Utah license as a journeyman plumber, based
963 
on at least four years of practical experience as a licensed apprentice under the
964 
supervision of a licensed journeyman plumber and four years as a licensed
965 
journeyman plumber, in effect immediately [prior to] before May 5, 2008, is on
966 
and after May 5, 2008, considered to hold a current master plumber license under
967 
this chapter, and satisfies the requirements of this Subsection (3)(a) for the
968 
purpose of renewal or reinstatement of that license under Section 58-55-303[.] ; and
969 
(iii) [An] an individual holding a valid plumbing contractor's license or residential
970 
plumbing contractor's license, in effect immediately [prior to] before May 5, 2008,
971 
is on or after May 5, 2008:
972 
(A) considered to hold a current master plumber license under this chapter if
973 
licensed as a plumbing contractor and a journeyman plumber, and satisfies the
974 
requirements of this Subsection (3)(a) for purposes of renewal or reinstatement
- 29 - S.B. 44	12-27 10:38
975 
of that license under Section 58-55-303; and
976 
(B) considered to hold a current residential master plumber license under this
977 
chapter if licensed as a residential plumbing contractor and a residential
978 
journeyman plumber, and satisfies the requirements of this Subsection (3)(a)
979 
for purposes of renewal or reinstatement of that license under Section
980 
58-55-303[.] ;
981 
(b) [A] a master residential plumber applicant shall produce satisfactory evidence that the
982 
applicant:
983 
(i) has been a licensed residential journeyman plumber for at least two years and had
984 
two years of supervisory experience as a licensed residential journeyman plumber
985 
in accordance with division rule; or
986 
(ii) meets the qualifications for expedited licensure as established by rules made by
987 
the commission, with the concurrence of the director, in accordance with Title
988 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
989 
the applicant has the knowledge and skills to be a licensed master residential
990 
plumber[.] ;
991 
(c) [A] a journeyman plumber applicant shall produce satisfactory evidence of:
992 
(i) successful completion of the equivalent of at least four years of full-time training
993 
and instruction as a licensed apprentice plumber under supervision of a licensed
994 
master plumber or journeyman plumber and in accordance with a planned
995 
program of training approved by the division;
996 
(ii) at least eight years of full-time experience approved by the division in
997 
collaboration with the Electricians and Plumbers Licensing Board; or
998 
(iii) meeting the qualifications for expedited licensure as established by rules made
999 
by the commission, with the concurrence of the director, in accordance with Title
1000 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1001 
the applicant has the knowledge and skills to be a licensed journeyman plumber[.] ;
1002 
(d) [A] a residential journeyman plumber shall produce satisfactory evidence of:
1003 
(i) completion of the equivalent of at least three years of full-time training and
1004 
instruction as a licensed apprentice plumber under the supervision of a licensed
1005 
residential master plumber, licensed residential journeyman plumber, or licensed
1006 
journeyman plumber in accordance with a planned program of training approved
1007 
by the division;
1008 
(ii) completion of at least six years of full-time experience in a maintenance or repair
- 30 - 12-27 10:38	S.B. 44
1009 
trade involving substantial plumbing work; or
1010 
(iii) meeting the qualifications for expedited licensure as established by rules made
1011 
by the commission, with the concurrence of the director, in accordance with Title
1012 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1013 
the applicant has the knowledge and skills to be a licensed residential journeyman
1014 
plumber[.] ;
1015 
(e) [The] the conduct of a licensed apprentice [plumbers] plumber and [their] the licensed
1016 
apprentice plumber's licensed [supervisors] supervisor shall be in accordance with the
1017 
following:
1018 
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
1019 
under the immediate supervision of a licensed master plumber, licensed residential
1020 
master plumber, licensed journeyman plumber, or licensed residential journeyman
1021 
plumber;
1022 
(ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
1023 
apprentice plumber may work without supervision for a period not to exceed eight
1024 
hours in any 24-hour period; and
1025 
(iii) rules made by the commission, with the concurrence of the director, in
1026 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1027 
regarding the ratio of apprentices allowed under the immediate supervision of a
1028 
licensed supervisor, including the ratio of apprentices in their fourth year of
1029 
training or later that are allowed to be under the immediate supervision of a
1030 
licensed supervisor[.] ;
1031 
(f) [A] a master electrician applicant shall produce satisfactory evidence that the
1032 
applicant:
1033 
(i) is a graduate electrical engineer of an accredited college or university approved by
1034 
the division and has one year of practical electrical experience as a licensed
1035 
apprentice electrician;
1036 
(ii) is a graduate of an electrical trade school, having received an associate of applied
1037 
sciences degree following successful completion of a course of study approved by
1038 
the division, and has two years of practical experience as a licensed journeyman
1039 
electrician;
1040 
(iii) has four years of practical experience as a journeyman electrician; or
1041 
(iv) meets the qualifications for expedited licensure as established by rules made by
1042 
the commission, with the concurrence of the director, in accordance with Title
- 31 - S.B. 44	12-27 10:38
1043 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1044 
the applicant has the knowledge and skills to be a licensed master electrician[.] ;
1045 
(g) [A] a master residential electrician applicant shall produce satisfactory evidence that
1046 
the applicant:
1047 
(i) has at least two years of practical experience as a residential journeyman
1048 
electrician; or
1049 
(ii) meets the qualifications for expedited licensure as established by rules made by
1050 
the commission, with the concurrence of the director, in accordance with Title
1051 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1052 
the applicant has the knowledge and skills to be a master residential electrician[.] ;
1053 
(h) [A] a journeyman electrician applicant shall produce satisfactory evidence that the
1054 
applicant:
1055 
(i) has successfully completed at least four years of full-time training and instruction
1056 
as a licensed apprentice electrician under the supervision of a master electrician or
1057 
journeyman electrician and in accordance with a planned training program
1058 
approved by the division;
1059 
(ii) has at least eight years of full-time experience approved by the division in
1060 
collaboration with the Electricians and Plumbers Licensing Board; or
1061 
(iii) meets the qualifications for expedited licensure as established by rules made by
1062 
the commission, with the concurrence of the director, in accordance with Title
1063 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1064 
the applicant has the knowledge and skills to be a licensed journeyman electrician[.] ;
1065 
(i) [A] a residential journeyman electrician applicant shall produce satisfactory evidence
1066 
that the applicant:
1067 
(i) has successfully completed two years of training in an electrical training program
1068 
approved by the division;
1069 
(ii) has four years of practical experience in wiring, installing, and repairing electrical
1070 
apparatus and equipment for light, heat, and power under the supervision of a
1071 
licensed master, journeyman, residential master, or residential journeyman
1072 
electrician; or
1073 
(iii) meets the qualifications for expedited licensure as established by rules made by
1074 
the commission, with the concurrence of the director, in accordance with Title
1075 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1076 
the applicant has the knowledge and skills to be a licensed residential journeyman
- 32 - 12-27 10:38	S.B. 44
1077 
electrician[.] ;
1078 
(j) [The] the conduct of a licensed apprentice [electricians] electrician and [their] the
1079 
licensed apprentice electrician's licensed [supervisors] supervisor shall be in
1080 
accordance with the following:
1081 
(i) a licensed apprentice electrician shall be under the immediate supervision of a
1082 
licensed master, journeyman, residential master, or residential journeyman
1083 
electrician;
1084 
(ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
1085 
apprentice electrician may work without supervision for a period not to exceed
1086 
eight hours in any 24-hour period;
1087 
(iii) rules made by the commission, with the concurrence of the director, in
1088 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1089 
regarding the ratio of apprentices allowed under the immediate supervision of a
1090 
licensed supervisor, including the ratio of apprentices in their fourth year of
1091 
training or later that are allowed to be under the immediate supervision of a
1092 
licensed supervisor; and
1093 
(iv) a licensed supervisor may have up to three licensed apprentice electricians on a
1094 
residential project, or more if established by rules made by the commission, in
1095 
concurrence with the director, in accordance with Title 63G, Chapter 3, Utah
1096 
Administrative Rulemaking Act[.] ;
1097 
(k) [An] an alarm company applicant shall:
1098 
(i) have a qualifying agent who:
1099 
(A) is an alarm company officer, alarm company owner, alarm company
1100 
proprietor, an alarm company trustee, or other responsible management
1101 
personnel;
1102 
(B) demonstrates 6,000 hours of experience in the alarm company business;
1103 
(C) demonstrates 2,000 hours of experience as a manager or administrator in the
1104 
alarm company business or in a construction business; and
1105 
(D) passes an examination component[ established by rule by] the commission,
1106 
with the concurrence of the director, establishes by rule;
1107 
(ii) [provide the name, address, date of birth, social security number, fingerprint card,
1108 
and consent to a background check in accordance with Section 58-55-302.1 and
1109 
requirements established by division rule made in accordance with Title 63G,
1110 
Chapter 3, Utah Administrative Rulemaking Act, for] require that each alarm
- 33 - S.B. 44	12-27 10:38
1111 
company officer, alarm company owner, alarm company proprietor, alarm
1112 
company trustee, and responsible management personnel with direct responsibility
1113 
for managing operations of the applicant within the state[;] :
1114 
(A) provide the applicant's name, address, date of birth, social security number,
1115 
and fingerprints to the division;
1116 
(B) consent to, and complete, a criminal background check, described in Section
1117 
58-1-301.5;
1118 
(C) meet any other standard related to the criminal background check described in
1119 
Subsection (2)(k)(ii)(B), that the division establishes by rule in accordance
1120 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1121 
(D) disclose any criminal history the division requests on a form the division
1122 
approves;
1123 
(iii) document that none of the [persons] individuals described in Subsection (3)(k)(ii):
1124 
(A) have been declared by any court of competent jurisdiction incompetent by
1125 
reason of mental defect or disease and not been restored; or
1126 
(B) are currently suffering from habitual drunkenness or from drug addiction or
1127 
dependence;
1128 
(iv) file and maintain with the division evidence of:
1129 
(A) comprehensive general liability insurance in form and in amounts [to be ]
1130 
established by rule by the commission with the concurrence of the director;
1131 
(B) workers' compensation insurance that covers employees of the applicant in
1132 
accordance with applicable Utah law; and
1133 
(C) registration as is required by applicable law with the:
1134 
(I) Division of Corporations and Commercial Code;
1135 
(II) Unemployment Insurance Division in the Department of Workforce
1136 
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
1137 
(III) State Tax Commission; and
1138 
(IV) Internal Revenue Service; and
1139 
(v) meet with the division and board[.] ;
1140 
(l) [Each] an applicant for licensure as an alarm company agent shall:
1141 
(i) submit an application in a form [prescribed by ]the division approves
1142 
accompanied by fingerprint cards;
1143 
(ii) pay a fee determined by the department under Section 63J-1-504;
1144 
(iii) [submit to and pass a criminal background check in accordance with Section
- 34 - 12-27 10:38	S.B. 44
1145 
58-55-302.1 and requirements established by division rule made in accordance
1146 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;]
1147 
(A) consent to, and complete, a criminal background check, described in Section
1148 
58-1-301.5;
1149 
(B) meet any other standard related to the criminal background check described in
1150 
Subsection (3)(l)(iii)(A), that the division establishes by rule in accordance
1151 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1152 
(C) disclose any criminal history the division requests on a form the division
1153 
approves;
1154 
(iv) not have been declared by any court of competent jurisdiction incompetent by
1155 
reason of mental defect or disease and not been restored;
1156 
(v) not be currently suffering from habitual drunkenness or from drug addiction or
1157 
dependence; and
1158 
(vi) meet with the division and board if requested by the division or the board[.] ; and
1159 
(m)[(i) Each applicant for licensure as an elevator mechanic shall:]
1160 
(i) an applicant for licensure as an elevator mechanic shall:
1161 
(A) provide documentation of experience and education credits of not less than
1162 
three years work experience in the elevator industry, in construction,
1163 
maintenance, or service and repair;[ and]
1164 
(B) satisfactorily complete a written examination administered by the division
1165 
established by rule under Section 58-1-203; or
1166 
(C) provide certificates of completion of an apprenticeship program for elevator
1167 
mechanics, having standards substantially equal to those of this chapter and
1168 
registered with the United States Department of Labor Bureau Apprenticeship
1169 
and Training or a state apprenticeship council[.] ; and
1170 
(ii)[(A) If an elevator contractor licensed under this chapter cannot find a
1171 
licensed elevator mechanic to perform the work of erecting, constructing,
1172 
installing, altering, servicing, repairing, or maintaining an elevator, the
1173 
contractor may:]
1174 
(A) if an elevator contractor licensed under this chapter cannot find a licensed
1175 
elevator mechanic to perform the work of erecting, constructing, installing,
1176 
altering, servicing, repairing, or maintaining an elevator, the contractor may
1177 
[(I)] notify the division of the unavailability of licensed personnel[;] and [(II)] 
1178 
request the division issue a temporary elevator mechanic license to an
- 35 - S.B. 44	12-27 10:38
1179 
individual certified by the contractor as having an acceptable combination
1180 
of documented experience and education to perform the work described in
1181 
this Subsection (3)(m)(ii)(A)[.] ; and
1182 
(B)[(I) The] if an elevator contractor requests that the division issue a
1183 
temporary elevator license as described in Subsection (3)(m)(ii)(A), the
1184 
division may issue a temporary elevator mechanic license to an individual
1185 
certified under Subsection [(3)(m)(ii)(A)(II)] (3)(m)(ii)(A) upon application
1186 
by the individual, accompanied by the appropriate fee as determined by the
1187 
department under Section 63J-1-504[.]  and [(II) The division ]shall specify the
1188 
time period for which the license is valid and may renew the license for an
1189 
additional time period upon [its] the division's determination that a shortage
1190 
of licensed elevator mechanics continues to exist.
1191 
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1192 
division may make rules establishing when Federal Bureau of Investigation records shall
1193 
be checked for applicants as an alarm company or alarm company agent under this
1194 
section and Section 58-55-302.1.
1195 
(5)(a) [An ] The division shall deny an application for licensure under this chapter[ shall
1196 
be denied] if:
1197 
(i) the applicant has had a previous license, which was issued under this chapter,
1198 
suspended or revoked within two years before the date of the applicant's
1199 
application;
1200 
(ii)(A) the applicant is a partnership, corporation, or limited liability company;
1201 
and
1202 
(B) any corporate officer, director, shareholder holding 25% or more of the stock
1203 
in the applicant, partner, member, agent acting as a qualifier, or any person
1204 
occupying a similar status, performing similar functions, or directly or
1205 
indirectly controlling the applicant has served in any similar capacity with any
1206 
person or entity [which] that has had a previous license, which was issued under
1207 
this chapter, suspended or revoked within two years before the date of the
1208 
applicant's application;
1209 
(iii)(A) the applicant is an individual or sole proprietorship; and
1210 
(B) any owner or agent acting as a qualifier has served in any capacity listed in
1211 
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
1212 
was issued under this chapter, suspended or revoked within two years before
- 36 - 12-27 10:38	S.B. 44
1213 
the date of the applicant's application; or
1214 
(iv)(A) the applicant includes an individual who was an owner, director, or
1215 
officer of an unincorporated entity at the time the entity's license under this
1216 
chapter was revoked; and
1217 
(B) the application for licensure is filed within 60 months after the revocation of
1218 
the unincorporated entity's license.
1219 
(b) [An ] The appropriate licensing board shall review an application for licensure under
1220 
this chapter [shall be reviewed by the appropriate licensing board prior to] before
1221 
approval if:
1222 
(i) the applicant has had a previous license, which was issued under this chapter,
1223 
suspended or revoked more than two years before the date of the applicant's
1224 
application;
1225 
(ii)(A) the applicant is a partnership, corporation, or limited liability company;
1226 
and
1227 
(B) any corporate officer, director, shareholder holding 25% or more of the stock
1228 
in the applicant, partner, member, agent acting as a qualifier, or any person
1229 
occupying a similar status, performing similar functions, or directly or
1230 
indirectly controlling the applicant has served in any similar capacity with any
1231 
person or entity [which] that has had a previous license, which was issued under
1232 
this chapter, suspended or revoked more than two years before the date of the
1233 
applicant's application; or
1234 
(iii)(A) the applicant is an individual or sole proprietorship; and
1235 
(B) any owner or agent acting as a qualifier has served in any capacity listed in
1236 
Subsection (5)(a)(ii)(B) in any entity [which] that has had a previous license,
1237 
which was issued under this chapter, suspended or revoked more than two
1238 
years before the date of the applicant's application.
1239 
(6)(a)(i) A licensee that is an unincorporated entity shall file an ownership status
1240 
report with the division every 30 days after the day on which the license is issued
1241 
if the licensee has more than five owners who are individuals who:
1242 
(A) own an interest in the contractor that is an unincorporated entity;
1243 
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made
1244 
by the division in accordance with Title 63G, Chapter 3, Utah Administrative
1245 
Rulemaking Act, in the unincorporated entity; and
1246 
(C) engage, or will engage, in a construction trade in the state as owners of the
- 37 - S.B. 44	12-27 10:38
1247 
contractor described in Subsection (6)(a)(i)(A).
1248 
(ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the
1249 
licensee shall provide the ownership status report with an application for renewal
1250 
of licensure.
1251 
(b) An ownership status report required under this Subsection (6) shall:
1252 
(i) specify each addition or deletion of an owner:
1253 
(A) for the first ownership status report, after the day on which the unincorporated
1254 
entity is licensed under this chapter; and
1255 
(B) for a subsequent ownership status report, after the day on which the previous
1256 
ownership status report is filed;
1257 
(ii) be in a format [prescribed by ]the division approves and that includes for each
1258 
owner, regardless of the owner's percentage ownership in the unincorporated
1259 
entity, the information described in Subsection (1)(e)(vi);
1260 
(iii) list the name of:
1261 
(A) each officer or manager of the unincorporated entity; and
1262 
(B) each other individual involved in the operation, supervision, or management
1263 
of the unincorporated entity; and
1264 
(iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
1265 
if the ownership status report indicates there is a change described in Subsection
1266 
(6)(b)(i).
1267 
(c) The division may audit, at any time,[ audit] an ownership status report under this
1268 
Subsection (6):
1269 
(i) to determine if financial responsibility has been demonstrated or maintained as
1270 
required under Section 58-55-306; and
1271 
(ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
1272 
Subsection 58-55-502(8) or (9).
1273 
(7)(a) An unincorporated entity that provides labor to an entity licensed under this
1274 
chapter by providing an individual who owns an interest in the unincorporated entity
1275 
to engage in a construction trade in Utah shall file with the division:
1276 
(i) before the individual who owns an interest in the unincorporated entity engages in
1277 
a construction trade in Utah, a current list of the one or more individuals who hold
1278 
an ownership interest in the unincorporated entity that includes for each individual:
1279 
(A) the individual's name, address, birth date, and social security number; and
1280 
(B) whether the individual will engage in a construction trade; and
- 38 - 12-27 10:38	S.B. 44
1281 
(ii) every 30 days after the day on which the unincorporated entity provides the list
1282 
described in Subsection (7)(a)(i), an ownership status report containing the
1283 
information that would be required under Subsection (6) if the unincorporated
1284 
entity were a licensed contractor.
1285 
(b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership
1286 
status report described in Subsection [(7)(a)(i)] (7)(a)(ii) an unincorporated entity
1287 
shall pay a fee set by the division in accordance with Section 63J-1-504.
1288 
(8) This chapter may not be interpreted to create or support an express or implied
1289 
independent contractor relationship between an unincorporated entity described in
1290 
Subsection (6) or (7) and the owners of the unincorporated entity for any purpose,
1291 
including income tax withholding.
1292 
(9)(a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a
1293 
private record under Subsection 63G-2-302(1)(i).
1294 
(b) The division may designate an applicant's evidence of identity under Subsection
1295 
(1)(e)(vi) as a private record in accordance with Section 63G-2-302.
1296 
Section 14.  Section 58-60-205 is amended to read:
1297 
58-60-205 . Qualifications for licensure or certification as a clinical social worker,
1298 
certified social worker, and social service worker.
1299 
(1) An applicant for licensure as a clinical social worker shall:
1300 
(a) submit an application on a form [provided by ]the division approves;
1301 
(b) pay a fee determined by the department under Section 63J-1-504;
1302 
(c) produce certified transcripts from an accredited institution of higher education
1303 
recognized by the division in collaboration with the board verifying satisfactory
1304 
completion of an education and an earned degree as follows:
1305 
(i) a master's degree in a social work program accredited by the Council on Social
1306 
Work Education or by the Canadian Association of Schools of Social Work; or
1307 
(ii) a doctoral degree that contains a clinical social work concentration and practicum
1308 
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1309 
Administrative Rulemaking Act, that is consistent with Section 58-1-203;
1310 
(d) if required under federal law for any licensee as a clinical social worker to qualify as
1311 
an eligible professional under CMS rules for Medicare payment, document
1312 
completion of:
1313 
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1314 
under Subsection (1)(e); or
- 39 - S.B. 44	12-27 10:38
1315 
(ii) not less than two years of clinical supervision;
1316 
(e) document successful completion of not less than 1,200 direct client care hours:
1317 
(i) obtained after completion of the education requirements under Subsection (1)(c);
1318 
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1319 
supervision hours under the supervision of a clinical supervisor;
1320 
(iii) not less than 25 of which are direct observation hours; and
1321 
(iv) not more than 25 of which are group supervision hours accrued concurrently with
1322 
more than one other applicant for licensure;
1323 
(f) document successful completion of not less than two hours of training in suicide
1324 
prevention, obtained after completion of the education requirements under
1325 
Subsection (1)(c) via a course that the division designates as approved;
1326 
(g) have completed a case work, group work, or family treatment course sequence with a
1327 
clinical practicum in content as defined by rule under Section 58-1-203;
1328 
(h)(i) pass the examination requirement established by rule under Section 58-1-203;
1329 
or
1330 
(ii) satisfy the following requirements:
1331 
(A) document at least one examination attempt that did not result in a passing
1332 
score;
1333 
(B) document successful completion of not less than 500 additional direct client
1334 
care hours, at least 25 of which are direct clinical supervision hours, and at
1335 
least five of which are direct observation hours;
1336 
(C) submit to the division a recommendation letter from the applicant's direct
1337 
clinical supervisor; and
1338 
(D) submit to the division a recommendation letter from another licensed mental
1339 
health therapist who has directly observed the applicant's direct client care
1340 
hours and who is not the applicant's direct clinical supervisor; and
1341 
(i)(i) [consent to a criminal background check in accordance with Section
1342 
58-60-103.1 and any requirements established by division rule made in
1343 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act] 
1344 
consent to, and complete, a criminal background check, described in Section
1345 
58-1-301.5;
1346 
(ii) meet any other standard related to the criminal background check described in
1347 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
1348 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
- 40 - 12-27 10:38	S.B. 44
1349 
(iii) disclose any criminal history the division requests on a form the division
1350 
approves.
1351 
(2) An applicant for licensure as a certified social worker shall:
1352 
(a) submit an application on a form [provided by ]the division approves;
1353 
(b) pay a fee determined by the department under Section 63J-1-504;
1354 
(c) produce certified transcripts from an accredited institution of higher education
1355 
recognized by the division in collaboration with the board verifying satisfactory
1356 
completion of an education and an earned degree as follows:
1357 
(i) a master's degree in a social work program accredited by the Council on Social
1358 
Work Education or by the Canadian Association of Schools of Social Work; or
1359 
(ii) a doctoral degree that contains a clinical social work concentration and practicum
1360 
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1361 
Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
1362 
(d) [consent to a criminal background check in accordance with Section 58-60-103.1 and
1363 
any requirements established by division rule made in accordance with Title 63G,
1364 
Chapter 3, Utah Administrative Rulemaking Act.]
1365 
(i) consent to, and complete, a criminal background check, described in Section
1366 
58-1-301.5;
1367 
(ii) meet any other standard related to the criminal background check described in
1368 
Subsection (2)(d)(i), that the division establishes by rule in accordance with Title
1369 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1370 
(iii) disclose any criminal history the division requests on a form the division
1371 
approves.
1372 
(3) An applicant for licensure as a social service worker shall:
1373 
(a) submit an application on a form[ provided by] the division approves;
1374 
(b) pay a fee determined by the department under Section 63J-1-504; and
1375 
(c) produce certified transcripts from an accredited institution of higher education
1376 
recognized by the division in collaboration with the board verifying satisfactory
1377 
completion of an education and an earned degree as follows:
1378 
(i) a bachelor's degree in a social work program accredited by the Council on Social
1379 
Work Education or by the Canadian Association of Schools of Social Work;
1380 
(ii) a master's degree in a field approved by the division in collaboration with the
1381 
board;
1382 
(iii) a bachelor's degree in any field if the applicant:
- 41 - S.B. 44	12-27 10:38
1383 
(A) has completed at least three semester hours, or the equivalent, in each of the
1384 
following areas:
1385 
(I) social welfare policy;
1386 
(II) human growth and development; and
1387 
(III) social work practice methods, as defined by rule; and
1388 
(B) provides documentation that the applicant has completed at least 2,000 hours
1389 
of qualifying experience under the supervision of a mental health therapist,
1390 
which experience is approved by the division in collaboration with the board,
1391 
and which is performed after completion of the requirements to obtain the
1392 
bachelor's degree required under this Subsection (3); or
1393 
(iv) successful completion of the first academic year of a Council on Social Work
1394 
Education approved master's of social work curriculum and practicum.
1395 
(4) The division shall ensure that the rules for an examination described under Subsection
1396 
(1)(h)(i) allow additional time to complete the examination if requested by an applicant
1397 
who is:
1398 
(a) a foreign born legal resident of the United States for whom English is a second
1399 
language; or
1400 
(b) an enrolled member of a federally recognized Native American tribe.
1401 
Section 15.  Section 58-60-305 is amended to read:
1402 
58-60-305 . Qualifications for licensure.
1403 
(1) [All applicants ] An applicant for licensure as a marriage and family [therapists] therapist
1404 
shall:
1405 
(a) submit an application on a form [provided by ]the division approves;
1406 
(b) pay a fee determined by the department under Section 63J-1-504;
1407 
(c) produce certified transcripts evidencing completion of a [masters] master's or
1408 
doctorate degree in marriage and family therapy from:
1409 
(i) a program accredited by the Commission on Accreditation for Marriage and
1410 
Family Therapy Education; or
1411 
(ii) an accredited institution meeting criteria for approval established by rule under
1412 
Section 58-1-203;
1413 
(d) if required under federal law for any licensee as a marriage and family therapist to
1414 
qualify as an eligible professional under CMS rules for Medicare payment, document
1415 
completion of:
1416 
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
- 42 - 12-27 10:38	S.B. 44
1417 
under Subsection [(2)(e)] (1)(e); or
1418 
(ii) not less than two years of clinical supervision;
1419 
(e) document successful completion of not less than 1,200 direct client care hours:
1420 
(i) obtained after completion of the education requirements under Subsection (1)(c);
1421 
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1422 
supervision hours under the supervision of a clinical supervisor obtained after
1423 
completion of the education requirements under Subsection (1)(c);
1424 
(iii) not less than 25 of which are direct observation hours; and
1425 
(iv) not more than 25 of which are group supervision hours concurrently with more
1426 
than one other applicant for licensure;
1427 
(f) document successful completion of not less than two hours of training in suicide
1428 
prevention obtained after completion of the education requirements under Subsection
1429 
(1)(c) via a course that the division designates as approved;
1430 
(g)(i) pass the examination requirement [established by] the division establishes by
1431 
rule under Section 58-1-203; or
1432 
(ii) satisfy the following requirements:
1433 
(A) document at least one examination attempt that did not result in a passing
1434 
score;
1435 
(B) document successful completion of not less than 500 additional direct client
1436 
care hours, not less than 25 of which are direct clinical supervision hours, and
1437 
not less than five of which are direct observation hours by a mental health
1438 
therapist or supervisor;
1439 
(C) submit to the division a recommendation letter from the applicant's direct
1440 
clinical supervisor; and
1441 
(D) submit to the division a recommendation letter from another licensed mental
1442 
health therapist who has directly observed the applicant's direct client care
1443 
hours and who is not the applicant's direct clinical supervisor; and
1444 
(h) [consent to a criminal background check in accordance with Section 58-60-103.1 and
1445 
any requirements established by division rule made in accordance with Title 63G,
1446 
Chapter 3, Utah Administrative Rulemaking Act.]
1447 
(i) consent to, and complete, a criminal background check, described in Section
1448 
58-1-301.5;
1449 
(ii) meet any other standard related to the criminal background check described in
1450 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
- 43 - S.B. 44	12-27 10:38
1451 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1452 
(iii) disclose any criminal history the division requests on a form the division
1453 
approves.
1454 
(2) [All applicants ] An applicant for licensure as an associate marriage and family therapist
1455 
shall comply with the provisions of Subsections (1)(a) through (c) and (h).
1456 
Section 16.  Section 58-60-405 is amended to read:
1457 
58-60-405 . Qualifications for licensure.
1458 
(1) An applicant for licensure as a clinical mental health counselor shall:
1459 
(a) submit an application on a form [provided by ]the division approves;
1460 
(b) pay a fee determined by the department under Section 63J-1-504;
1461 
(c) produce certified transcripts evidencing completion of:
1462 
(i) a master's or doctorate degree conferred to the applicant in:
1463 
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
1464 
education and supervision from a program accredited by the Council for
1465 
Accreditation of Counseling and Related Educational Programs; or
1466 
(B) clinical mental health counseling or an equivalent field from a program
1467 
affiliated with an institution that has accreditation that is recognized by the
1468 
Council for Higher Education Accreditation; and
1469 
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related
1470 
to an educational program described in Subsection (1)(c)(i);
1471 
(d) if required under federal law for any licensee as a clinical mental health counselor to
1472 
qualify as an eligible professional under CMS rules for Medicare payment, document
1473 
completion of:
1474 
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1475 
under Subsection (1)(e); or
1476 
(ii) not less than two years of clinical supervision;
1477 
(e) document successful completion of not less than 1,200 direct client care hours:
1478 
(i) obtained after completion of the education requirements under Subsection (1)(c);
1479 
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1480 
supervision hours under the supervision of a clinical supervisor;
1481 
(iii) not less than 25 of which are direct observation hours; and
1482 
(iv) not more than 25 of which are group supervision hours concurrently with more
1483 
than one other applicant for licensure;
1484 
(f) document successful completion of not less than two hours of training in suicide
- 44 - 12-27 10:38	S.B. 44
1485 
prevention obtained after completion of the education requirements under Subsection
1486 
(1)(c) via a course that the division designates as approved;
1487 
(g)(i) pass the examination requirement [established by ] the division establishes by
1488 
rule under Section 58-1-203; or
1489 
(ii) satisfy the following requirements:
1490 
(A) document at least one examination attempt that did not result in a passing
1491 
score;
1492 
(B) document successful completion of not less than 500 additional direct client
1493 
care hours, not less than 25 of which are direct clinical supervision hours, and
1494 
not less than five of which are direct observation hours by a clinical supervisor;
1495 
(C) submit to the division a recommendation letter from the applicant's direct
1496 
clinical supervisor; and
1497 
(D) submit to the division a recommendation letter from another licensed mental
1498 
health therapist who has directly observed the applicant's direct client care
1499 
hours and who is not the applicant's direct clinical supervisor; and
1500 
(h) [consent to a criminal background check in accordance with Section 58-60-103.1 and
1501 
any requirements established by division rule made in accordance with Title 63G,
1502 
Chapter 3, Utah Administrative Rulemaking Act.]
1503 
(i) consent to, and complete, a criminal background check, described in Section
1504 
58-1-301.5;
1505 
(ii) meet any other standard related to the criminal background check described in
1506 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
1507 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1508 
(iii) disclose any criminal history the division requests on a form the division
1509 
approves.
1510 
(2) An applicant for licensure as an associate clinical mental health counselor shall comply
1511 
with the provisions of Subsections (1)(a) through (c) and (h).
1512 
(3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
1513 
described in Subsection (1)(c) if the applicant submits documentation verifying:
1514 
(a) satisfactory completion of a doctoral or master's degree from an educational program
1515 
in rehabilitation counseling accredited by the Council for Accreditation of
1516 
Counseling and Related Educational Programs;
1517 
(b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit hours
1518 
of coursework related to an educational program described in Subsection (1)(c)(i);
- 45 - S.B. 44	12-27 10:38
1519 
and
1520 
(c) that the applicant received a passing score that is valid and in good standing on:
1521 
(i) the National Counselor Examination; and
1522 
(ii) the National Clinical Mental Health Counseling Examination.
1523 
Section 17.  Section 58-60-506 is amended to read:
1524 
58-60-506 . Qualifications for licensure.
1525 
(1) Subject to Subsection (2), an applicant for licensure as master addiction counselor based
1526 
on education, training, and experience shall:
1527 
(a) submit an application on a form [provided by ]the division approves;
1528 
(b) pay a fee determined by the department under Section 63J-1-504;
1529 
(c) document successful completion of not less than two hours of training in suicide
1530 
prevention obtained after completion of the education requirements under Subsection
1531 
(1)(d) via a course that the division designates as approved;
1532 
(d) produce a certified transcript from an accredited institution of higher education that
1533 
meets standards established by division rule under Section 58-1-203, verifying the
1534 
satisfactory completion of:
1535 
(i) a doctoral or master's degree in:
1536 
(A) substance use disorders or addiction counseling and treatment; or
1537 
(B) a counseling subject approved by the division in collaboration with the board,
1538 
which may include social work, mental health counseling, marriage and family
1539 
therapy, psychology, or medicine;
1540 
(ii) an associate's degree or higher, or 18 credit hours, in substance use disorder or
1541 
addiction counseling and treatment from a regionally accredited institution of
1542 
higher education;
1543 
(e) if required under federal law for any licensee as a master addiction counselor to
1544 
qualify as an eligible professional under CMS rules for Medicare payment, document
1545 
completion of:
1546 
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1547 
under Subsection (1)(g); or
1548 
(ii) not less than two years of clinical supervision;
1549 
(f) document successful completion of not less than 1,200 direct client care hours:
1550 
(i) obtained after completion of the education requirements under Subsection
1551 
(1)(d)(ii);
1552 
(ii) subject to Subsection (1)(f)(iii), not less than 100 of which are direct clinical
- 46 - 12-27 10:38	S.B. 44
1553 
supervision hours under the supervision of a clinical supervisor;
1554 
(iii) not less than 25 of which are direct observation hours; and
1555 
(iv) not more than 25 of which are group supervision hours concurrently with more
1556 
than one other applicant for licensure;
1557 
(g) if the applicant for licensure produces a transcript described in Subsection (1)(d)(ii),
1558 
evidence completion of an additional 200 hours of direct client care hours in
1559 
substance use disorder or addiction treatment;
1560 
(h)(i) pass the examination requirement [established by ] the division establishes by
1561 
rule under Section 58-1-203; or
1562 
(ii) satisfy the following requirements:
1563 
(A) document at least one examination attempt that did not result in a passing
1564 
score;
1565 
(B) document successful completion of not less than 500 additional direct client
1566 
care hours, not less than 25 of which are direct clinical supervision hours, and
1567 
not less than five of which are direct observation hours by a clinical supervisor;
1568 
(C) submit to the division a recommendation letter from the applicant's direct
1569 
clinical supervisor; and
1570 
(D) submit to the division a recommendation letter from another licensed mental
1571 
health therapist who has directly observed the applicant's direct client care
1572 
hours and who is not the applicant's direct clinical supervisor; and
1573 
(i) [consent to a criminal background check in accordance with Section 58-60-103.1 and
1574 
any requirements established by division rule made in accordance with Title 63G,
1575 
Chapter 3, Utah Administrative Rulemaking Act.]
1576 
(i) consent to, and complete, a criminal background check, described in Section
1577 
58-1-301.5;
1578 
(ii) meet any other standard related to the criminal background check described in
1579 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
1580 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1581 
(iii) disclose any criminal history the division requests on a form the division
1582 
approves.
1583 
(2) In lieu of the requirements under Subsections (1)(d) through (i), an applicant for
1584 
licensure as master addiction counselor may document current certification in good
1585 
standing as:
1586 
(a) a master addiction counselor by the National Certification Commission for Addiction
- 47 - S.B. 44	12-27 10:38
1587 
Professionals;
1588 
(b) a master addiction counselor by the National Board for Certified Counselors; or
1589 
(c) an equivalent certification as under Subsections (2)(a) and (b), as determined in rule
1590 
made by the division in collaboration with the board.
1591 
(3) An applicant for licensure as an associate master addiction counselor shall satisfy the
1592 
requirements under Subsections (1)(a) through (c) and (i).
1593 
(4) Subject to Subsection (5), an applicant for licensure as an advanced substance use
1594 
disorder counselor shall:
1595 
(a) submit an application on a form [provided by ]the division approves;
1596 
(b) pay a fee determined by the department under Section 63J-1-504; and
1597 
(c)(i) produce certified transcripts verifying satisfactory completion of:
1598 
(A) a bachelor's degree or higher, from a regionally accredited institution of
1599 
higher learning, in substance use disorders, addiction, or related counseling
1600 
subjects, including social work, mental health counseling, marriage and family
1601 
counseling, or psychology; or
1602 
(B) two academic years of study in a master's of addiction counseling curriculum
1603 
and practicum approved by the National Addictions Studies Accreditation
1604 
Commission;
1605 
(ii) document completion of at least 500 hours of supervised experience while
1606 
licensed as a substance use disorder counselor under this section, which the
1607 
applicant may complete while completing the education requirements under
1608 
Subsection (1)(c)(i); and
1609 
(iii) satisfy examination requirements established by the division in rule.
1610 
(5) [The ] An applicant for licensure as an advanced substance use disorder counselor may
1611 
satisfy the requirements of Subsection (4)(c) [may be satisfied ]by providing official
1612 
verification of current certification in good standing:
1613 
(a)(i) as a National Certified Addiction Counselor Level II (NCAC II) from the
1614 
National Certification Commission for Addiction Professionals (NCC AP); or
1615 
(ii) as an Advanced Alcohol & Drug Counselor (AADC), from the International
1616 
Certification and Reciprocity Consortium; or
1617 
(b) of substantive equivalence to the certifications under Subsection (5)(a), as
1618 
determined by division rule made in consultation with the board.
1619 
(6) In accordance with division rules, an applicant for licensure as a substance use disorder
1620 
counselor shall produce:
- 48 - 12-27 10:38	S.B. 44
1621 
(a) certified transcripts from an accredited institution that:
1622 
(i) meet division standards;
1623 
(ii) verify satisfactory completion of an associate's degree or equivalent as defined by
1624 
the division in rule; and
1625 
(iii) verify the completion of prerequisite courses established by division rules;
1626 
(b) documentation of the applicant's completion of a substance use disorder education
1627 
program that includes:
1628 
(i) completion of at least 200 hours of substance use disorder related education;
1629 
(ii) included in the 200 hours described in Subsection (6)(b)(i), a minimum of two
1630 
hours of training in suicide prevention via a course that the division designates as
1631 
approved; and
1632 
(iii) completion of a supervised practicum of at least 200 hours; and
1633 
(c) documentation of the applicant's completion of at least 2,000 hours of supervised
1634 
experience in substance use disorder treatment that:
1635 
(i) meets division standards; and
1636 
(ii) is performed within a two-year period after the applicant's completion of the
1637 
substance use disorder education program described in Subsection (6)(b), unless,
1638 
as determined by the division after consultation with the board, the time for
1639 
performance is extended due to an extenuating circumstance.
1640 
Section 18.  Section 58-61-304 is amended to read:
1641 
58-61-304 . Qualifications for licensure by examination or endorsement.
1642 
(1) An applicant for licensure as a psychologist based upon education, clinical training, and
1643 
examination shall:
1644 
(a) submit an application on a form [provided by ]the division approves;
1645 
(b) pay a fee determined by the department under Section 63J-1-504;
1646 
(c) produce certified transcripts of credit verifying satisfactory completion of a doctoral
1647 
degree in psychology that includes specific core course work established by division
1648 
rule under Section 58-1-203, from an institution of higher education whose doctoral
1649 
program, at the time the applicant received the doctoral degree, met approval criteria
1650 
established by division rule made in consultation with the board;
1651 
(d) have completed a minimum of 4,000 hours of psychology training as defined by
1652 
division rule under Section 58-1-203 under the supervision of a psychologist
1653 
supervisor approved by the division in collaboration with the board;
1654 
(e) to be qualified to engage in mental health therapy, document successful completion
- 49 - S.B. 44	12-27 10:38
1655 
of not less than 1,000 hours of supervised training in mental health therapy obtained
1656 
after completion of a master's level of education in psychology, which training may
1657 
be included as part of the 4,000 hours of training required in Subsection (1)(d), and
1658 
for which documented evidence demonstrates not less than one hour of supervision
1659 
for each 40 hours of supervised training was obtained under the direct supervision of
1660 
a psychologist, as defined by rule;
1661 
(f) pass the examination requirement established by division rule under Section 58-1-203;
1662 
(g) [consent to a criminal background check in accordance with Section 58-61-304.1 and
1663 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1664 
Utah Administrative Rulemaking Act; and]
1665 
(i) consent to, and complete, a criminal background check, described in Section
1666 
58-1-301.5;
1667 
(ii) meet any other standard related to the criminal background check described in
1668 
Subsection (1)(g)(i), that the division establishes by rule in accordance with Title
1669 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1670 
(iii) disclose any criminal history the division requests on a form the division
1671 
approves; and
1672 
(h) meet with the board, upon request for good cause, for the purpose of evaluating the
1673 
applicant's qualifications for licensure.
1674 
(2) An applicant for licensure as a psychologist by endorsement based upon licensure in
1675 
another jurisdiction shall:
1676 
(a) submit an application on a form [provided by ]the division approves;
1677 
(b) pay a fee determined by the department under Section 63J-1-504;
1678 
(c) not have any disciplinary action pending or in effect against the applicant's
1679 
psychologist license in any jurisdiction;
1680 
(d) have passed the Utah Psychologist Law and Ethics Examination established by
1681 
division rule;
1682 
(e) provide satisfactory evidence the applicant is currently licensed in another state,
1683 
district, or territory of the United States, or in any other jurisdiction approved by the
1684 
division in collaboration with the board;
1685 
(f) provide satisfactory evidence the applicant has actively practiced psychology in that
1686 
jurisdiction for not less than 2,000 hours or one year, whichever is greater;
1687 
(g) provide satisfactory evidence that:
1688 
(i) the education, supervised experience, examination, and all other requirements for
- 50 - 12-27 10:38	S.B. 44
1689 
licensure in that jurisdiction at the time the applicant obtained licensure were
1690 
substantially equivalent to the licensure requirements for a psychologist in Utah at
1691 
the time the applicant obtained licensure in the other jurisdiction; or
1692 
(ii) the applicant is:
1693 
(A) a current holder of Board Certified Specialist status in good standing from the
1694 
American Board of Professional Psychology;
1695 
(B) currently credentialed as a health service provider in psychology by the
1696 
National Register of Health Service Providers in Psychology; or
1697 
(C) currently holds a Certificate of Professional Qualification (CPQ) granted by
1698 
the Association of State and Provincial Psychology Boards;
1699 
(h) [consent to a criminal background check in accordance with Section 58-61-304.1 and
1700 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1701 
Utah Administrative Rulemaking Act; and]
1702 
(i) consent to, and complete, a criminal background check, described in Section
1703 
58-1-301.5;
1704 
(ii) meet any other standard related to the criminal background check described in
1705 
Subsection (2)(h)(i), that the division establishes by rule in accordance with Title
1706 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1707 
(iii) disclose any criminal history the division requests on a form the division
1708 
approves; and
1709 
(i) meet with the board, upon request for good cause, for the purpose of evaluating the
1710 
applicant's qualifications for licensure.
1711 
(3)(a) An applicant for certification as a psychology resident shall comply with the
1712 
provisions of Subsections (1)(a), (b), (c), (g), and (h).
1713 
(b)(i) An individual's certification as a psychology resident is limited to the period of
1714 
time necessary to complete clinical training as described in Subsections (1)(d) and
1715 
(e) and extends not more than one year from the date the minimum requirement
1716 
for training is completed, unless the individual presents satisfactory evidence to
1717 
the division and the board that the individual is making reasonable progress
1718 
toward passing the qualifying examination or is otherwise on a course reasonably
1719 
expected to lead to licensure as a psychologist.
1720 
(ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
1721 
date the minimum supervised clinical training requirement has been completed.
1722 
(4) An applicant for certification as a certified prescribing psychologist based upon
- 51 - S.B. 44	12-27 10:38
1723 
education, clinical training, and examination shall:
1724 
(a) have authority to engage in the practice of psychology under Subsection 58-61-301;
1725 
(b) pay a fee determined by the department under Section 63J-1-504;
1726 
(c) demonstrate by official transcript, or other official evidence satisfactory to the
1727 
division, that the applicant:
1728 
(i) has completed a doctoral degree in psychology that includes specific core course
1729 
work established by division rule under Section 58-1-203, from an institution of
1730 
higher education whose doctoral program, at the time the applicant received the
1731 
doctoral degree, met approval criteria established by division rule made in
1732 
consultation with the board;
1733 
(ii) has completed a master's degree in clinical psychopharmacology from an
1734 
institution of higher learning whose master's program, at the time the applicant
1735 
received the master's degree, included at least 30 credit hours of didactics
1736 
coursework over no less than four semesters, met approval criteria established by
1737 
division rule made in consultation with the board and includes the following core
1738 
areas of instruction:
1739 
(A) neuroscience, pharmacology, psychopharmacology, physiology, and
1740 
pathophysiology;
1741 
(B) appropriate and relevant physical and laboratory assessment;
1742 
(C) basic sciences, including general biology, microbiology, cell and molecular
1743 
biology, human anatomy, human physiology, biochemistry, and genetics, as
1744 
part of or [prior to] before enrollment in a master's degree in clinical
1745 
psychopharmacology; and
1746 
(D) any other areas of instruction determined necessary by the division, in
1747 
collaboration with the board, as established by division rule; and
1748 
(iii) has completed postdoctoral supervised training, as defined by division rule made
1749 
in consultation with the board, in prescribing psychology under the direction of a
1750 
licensed physician, including:
1751 
(A) not less than 4,000 hours of supervised clinical training throughout a period of
1752 
at least two years; and
1753 
(B) for an applicant for a prescription certificate who specializes in the
1754 
psychological care of children 17 years old or younger, persons 65 years old or
1755 
older, or persons with comorbid medical conditions, at least one year
1756 
prescribing psychotropic medications to those populations, as certified by the
- 52 - 12-27 10:38	S.B. 44
1757 
applicant's supervising licensed physician;
1758 
(d) have passed:
1759 
(i) the Psychopharmacology Examination for Psychologists developed by the
1760 
Association of State and Provincial Psychology Boards, or [its] the association's
1761 
successor organization; or
1762 
(ii) an equivalent examination as defined by the division in rule;
1763 
(e) not have any disciplinary action pending or in effect against the applicant's
1764 
psychologist license or other professional license authorizing the applicant to
1765 
prescribe in any jurisdiction;
1766 
(f) [consent to a criminal background check in accordance with Section 58-61-304.1 and
1767 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1768 
Utah Administrative Rulemaking Act;]
1769 
(i) consent to, and complete, a criminal background check, described in Section
1770 
58-1-301.5;
1771 
(ii) meet any other standard related to the criminal background check described in
1772 
Subsection (4)(f)(i), that the division establishes by rule in accordance with Title
1773 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1774 
(iii) disclose any criminal history the division requests on a form the division
1775 
approves;
1776 
(g) commit to maintaining professional liability insurance while acting as a certified
1777 
prescribing psychologist; and
1778 
(h) meet with the board, upon request for good cause, for the purpose of evaluating the
1779 
applicant's qualifications for licensure.
1780 
(5) An applicant for certification as a certified prescribing psychologist by endorsement
1781 
based upon licensure in another jurisdiction shall:
1782 
(a) submit an application on a form [provided by ]the division approves;
1783 
(b) pay a fee determined by the department under Section 63J-1-504;
1784 
(c) not have any disciplinary action pending or in effect against the applicant's
1785 
psychologist license or other professional license authorizing the applicant to
1786 
prescribe in any jurisdiction;
1787 
(d) have passed the Utah Psychologist Law and Ethics Examination established by
1788 
division rule;
1789 
(e) provide satisfactory evidence that the applicant is currently licensed as a prescribing
1790 
psychologist in another state, district, or territory of the United States, or in any other
- 53 - S.B. 44	12-27 10:38
1791 
jurisdiction approved by the division in collaboration with the board;
1792 
(f) provide satisfactory evidence that the applicant has actively practiced as a prescribing
1793 
psychologist in that jurisdiction for not less than 4,000 hours or two years, whichever
1794 
is greater;
1795 
(g) provide satisfactory evidence that the applicant has satisfied the education,
1796 
supervised experience, examination, and all other requirements for licensure as a
1797 
prescribing psychologist in that jurisdiction at the time the applicant obtained
1798 
licensure were substantially equivalent to the licensure requirements for a certified
1799 
prescribing psychologist in Utah at the time the applicant obtained licensure in the
1800 
other jurisdiction;
1801 
(h) [consent to a criminal background check in accordance with Section 58-61-304.1 and
1802 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1803 
Utah Administrative Rulemaking Act;]
1804 
(i) consent to, and complete, a criminal background check, described in Section
1805 
58-1-301.5;
1806 
(ii) meet any other standard related to the criminal background check described in
1807 
Subsection (5)(h)(i), that the division establishes by rule in accordance with Title
1808 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1809 
(iii) disclose any criminal history the division requests on a form the division
1810 
approves;
1811 
(i) commit to maintaining professional liability insurance while acting as a certified
1812 
prescribing psychologist; and
1813 
(j) meet with the board, upon request for good cause, for the purpose of evaluating the
1814 
applicant's qualifications for licensure.
1815 
(6) An applicant for certification as a provisional prescribing psychologist shall:
1816 
(a) have authority to engage in the practice of psychology under Section 58-61-301;
1817 
(b) pay a fee determined by the department under Section 63J-1-504;
1818 
(c) demonstrate by official transcript, or other official evidence satisfactory to the
1819 
division, that the applicant:
1820 
(i) has completed a doctoral degree in psychology that includes specific core course
1821 
work established by division rule under Section 58-1-203, from an institution of
1822 
higher education whose doctoral program, at the time the applicant received the
1823 
doctoral degree, met approval criteria established by division rule made in
1824 
consultation with the board; and
- 54 - 12-27 10:38	S.B. 44
1825 
(ii) has completed a master's degree in clinical psychopharmacology from an
1826 
institution of higher learning whose master's program, at the time the applicant
1827 
received the master's degree, met approval criteria established by division rule
1828 
made in consultation with the board and includes the following core areas of
1829 
instruction:
1830 
(A) neuroscience, pharmacology, psychopharmacology, physiology, and
1831 
pathophysiology;
1832 
(B) appropriate and relevant physical and laboratory assessment;
1833 
(C) basic sciences, including general biology, microbiology, cell and molecular
1834 
biology, human anatomy, human physiology, biochemistry, and genetics, as
1835 
part of or [prior to] before enrollment in a master's degree in clinical
1836 
psychopharmacology; and
1837 
(D) any other areas of instruction determined necessary by the division, in
1838 
collaboration with the board, as established by division rule;
1839 
(d) have no disciplinary action pending or in effect against the applicant's psychologist
1840 
license or other professional license authorizing the applicant to prescribe in any
1841 
jurisdiction;
1842 
(e) [consent to a criminal background check in accordance with Section 58-61-304.1 and
1843 
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1844 
Utah Administrative Rulemaking Act;]
1845 
(i) consent to, and complete, a criminal background check, described in Section
1846 
58-1-301.5;
1847 
(ii) meet any other standard related to the criminal background check described in
1848 
Subsection (6)(e)(i), that the division establishes by rule in accordance with Title
1849 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1850 
(iii) disclose any criminal history the division requests on a form the division
1851 
approves;
1852 
(f) commit to maintaining professional liability insurance while acting as a provisional
1853 
prescribing psychologist;
1854 
(g) meet with the board, upon request for good cause, for the purpose of evaluating the
1855 
applicant's qualifications for licensure; and
1856 
(h) satisfy any further requirements, as established by the division in rule.
1857 
(7) An applicant for licensure as a licensed school psychological practitioner shall:
1858 
(a) submit an application on a form [provided by ]the division approves;
- 55 - S.B. 44	12-27 10:38
1859 
(b) pay a fee determined by the department under Section 63J-1-504;
1860 
(c) produce certified transcripts of credit verifying satisfactory completion of a master's
1861 
degree or equivalent certification program approved by the division that:
1862 
(i) consists of at least 60 semester hours or 90 quarter hours in school psychology at
1863 
an accredited institution; and
1864 
(ii) includes training in at least the following topics:
1865 
(A) understanding the organization, administration, and operation of schools, the
1866 
major roles of personnel employed in schools, and curriculum development;
1867 
(B) directing psychological and psycho-educational assessments and intervention [
1868 
2-118including] including all areas of exceptionality;
1869 
(C) individual and group intervention and remediation techniques, including
1870 
consulting, behavioral methods, counseling, and primary prevention;
1871 
(D) understanding the ethical and professional practice and legal issues related to [
1872 
2-122the] the work of school psychologists;
1873 
(E) social psychology, including interpersonal relations, communications, and
1874 
consultation with students, parents, and professional personnel;
1875 
(F) coordination and work with community-school relations and multicultural
1876 
education programs and assessments; and
1877 
(G) the use and evaluation of tests and measurements, developmental psychology,
1878 
affective and cognitive processes, social and biological bases of behavior,
1879 
personality, and psychopathology;
1880 
(d) provide evidence demonstrating that the applicant has:
1881 
(i) completed a one school year internship, or the equivalent, with a minimum of
1882 
1,200 clock hours in school psychology, at least 600 hours of which shall be in a
1883 
school setting or a setting with an educational component; and
1884 
(ii) completed at least five years of successful experience as a school psychologist in
1885 
the state; and
1886 
(e) provide a recommendation from:
1887 
(i) the institution that the applicant attended under Subsection (4)(c); and
1888 
(ii) one or more local education agencies, as defined in Section 53E-1-102, that
1889 
employed the applicant as a school psychologist for the period described in
1890 
Subsection (4)(d)(ii).
1891 
Section 19.  Section 58-63-302 is amended to read:
1892 
58-63-302 . Qualifications for licensure.
- 56 - 12-27 10:38	S.B. 44
1893 
(1) Each applicant for licensure as an armored car company or a contract security company
1894 
shall:
1895 
(a) submit an application in a form [prescribed by ]the division approves;
1896 
(b) pay a fee determined by the department under Section 63J-1-504;
1897 
(c) have a qualifying agent who:
1898 
(i) meets with the division and the board and demonstrates that the applicant and the
1899 
qualifying agent meet the requirements of this section;
1900 
(ii) is a resident of the state;
1901 
(iii) is responsible management personnel or a company owner of the applicant;
1902 
(iv) exercises material day-to-day authority in the conduct of the applicant's business
1903 
by making substantive technical and administrative decisions and whose primary
1904 
employment is with the applicant;
1905 
(v) is not concurrently acting as a qualifying agent or employee of another armored
1906 
car company or contract security company and is not engaged in any other
1907 
employment on a regular basis;
1908 
(vi) is not involved in any activity that would conflict with the qualifying agent's
1909 
duties and responsibilities under this chapter to ensure that the qualifying agent's
1910 
and the applicant's performance under this chapter does not jeopardize the health
1911 
or safety of the general public;
1912 
(vii) is not an employee of a government agency;
1913 
(viii) passes an examination component established by rule by the division in
1914 
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
1915 
Administrative Rulemaking Act; and
1916 
(ix)(A) demonstrates 6,000 hours of compensated experience as a manager,
1917 
supervisor, or administrator of an armored car company or a contract security
1918 
company; or
1919 
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division
1920 
in collaboration with the board with a federal, United States military, state,
1921 
county, or municipal law enforcement agency;
1922 
(d) [provide the name, address, date of birth, social security number, fingerprint card,
1923 
and consent to a criminal background check in accordance with Section 58-63-302.1
1924 
and requirements established by division rule made in accordance with Title 63G,
1925 
Chapter 3, Utah Administrative Rulemaking Act, for] require that each company
1926 
officer, company owner, company proprietor, company trustee, and responsible
- 57 - S.B. 44	12-27 10:38
1927 
management personnel with direct responsibility for managing operations of the
1928 
applicant within the state:
1929 
(i) provide name, address, date of birth, social security number, and fingerprints; and
1930 
(ii)(A) consent to, and complete, a criminal background check, described in
1931 
Section 58-1-301.5;
1932 
(B) meet any other standard related to the criminal background check described in
1933 
Subsection (1)(d)(ii)(A), that the division establishes by rule in accordance
1934 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1935 
(C) disclose any criminal history the division requests on a form the division
1936 
approves;
1937 
(e) have company officers, company owners, company proprietors, company trustees,
1938 
and responsible management personnel who have not been convicted of:
1939 
(i) a felony; or
1940 
(ii) a crime that when considered with the duties and responsibilities of a contract
1941 
security company or an armored car company by the division and the board
1942 
indicates that the best interests of the public are not served by granting the
1943 
applicant a license;
1944 
(f) document that none of the [persons] individuals described in Subsection (1)(e):
1945 
(i) have been declared by a court of competent jurisdiction incompetent by reason of
1946 
mental defect or disease and not been restored; or
1947 
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
1948 
(g) file and maintain with the division evidence of:
1949 
(i) comprehensive general liability insurance in a form and in amounts established by
1950 
rule by the division in collaboration with the board and in accordance with Title
1951 
63G, Chapter 3, Utah Administrative Rulemaking Act;
1952 
(ii) workers' compensation insurance that covers employees of the applicant in
1953 
accordance with applicable Utah law;
1954 
(iii) registration with the Division of Corporations and Commercial Code; and
1955 
(iv) registration as required by applicable law with the:
1956 
(A) Unemployment Insurance Division in the Department of Workforce Services,
1957 
for purposes of Title 35A, Chapter 4, Employment Security Act;
1958 
(B) State Tax Commission; and
1959 
(C) Internal Revenue Service; and
1960 
(h) meet with the division and board if requested by the division or board.
- 58 - 12-27 10:38	S.B. 44
1961 
(2) Each applicant for licensure as an armed private security officer:
1962 
(a) shall submit an application in a form[ prescribed by] the division approves;
1963 
(b) shall pay a fee determined by the department under Section 63J-1-504;
1964 
(c) may not have been convicted of:
1965 
(i) a felony; or
1966 
(ii) a crime that when considered with the duties and responsibilities of an armed
1967 
private security officer by the division and the board indicates that the best
1968 
interests of the public are not served by granting the applicant a license;
1969 
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
1970 
Sec. 922(g);
1971 
(e) may not have been declared incompetent by a court of competent jurisdiction by
1972 
reason of mental defect or disease and not been restored;
1973 
(f) may not be currently suffering from habitual drunkenness or from drug addiction or
1974 
dependence;
1975 
(g) shall successfully complete basic education and training requirements established by
1976 
rule by the division in collaboration with the board and in accordance with Title 63G,
1977 
Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of
1978 
eight hours of classroom or online curriculum;
1979 
(h) shall successfully complete firearms training requirements established by rule by the
1980 
division in collaboration with the board and in accordance with Title 63G, Chapter 3,
1981 
Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of
1982 
training;
1983 
(i) shall pass the examination requirement established by rule by the division in
1984 
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
1985 
Administrative Rulemaking Act;
1986 
(j) [shall submit to and pass a background check in accordance with Section 58-63-302.1
1987 
and requirements established by division rule made in accordance with Title 63G,
1988 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
1989 
(i) consent to, and complete, a criminal background check, described in Section
1990 
58-1-301.5;
1991 
(ii) meet any other standard related to the criminal background check described in
1992 
Subsection (1)(j)(i), that the division establishes by rule in accordance with Title
1993 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1994 
(iii) disclose any criminal history the division requests on a form the division
- 59 - S.B. 44	12-27 10:38
1995 
approves; and
1996 
(k) shall meet with the division and board if requested by the division or the board.
1997 
(3) Each applicant for licensure as an unarmed private security officer:
1998 
(a) shall submit an application in a form[ prescribed by] the division approves;
1999 
(b) shall pay a fee determined by the department under Section 63J-1-504;
2000 
(c) may not have been convicted of:
2001 
(i) a felony; or
2002 
(ii) a crime that when considered with the duties and responsibilities of an unarmed
2003 
private security officer by the division and the board indicates that the best
2004 
interests of the public are not served by granting the applicant a license;
2005 
(d) may not have been declared incompetent by a court of competent jurisdiction by
2006 
reason of mental defect or disease and not been restored;
2007 
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2008 
dependence;
2009 
(f) shall successfully complete basic education and training requirements established by
2010 
rule by the division in collaboration with the board and in accordance with Title 63G,
2011 
Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of
2012 
eight hours of classroom or online curriculum;
2013 
(g) shall pass the examination requirement established by rule by the division in
2014 
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2015 
Administrative Rulemaking Act;
2016 
(h) [shall submit to and pass a background check in accordance with Section 58-63-302.1
2017 
and requirements established by division rule made in accordance with Title 63G,
2018 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2019 
(i) consent to, and complete, a criminal background check, described in Section
2020 
58-1-301.5;
2021 
(ii) meet any other standard related to the criminal background check described in
2022 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2023 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2024 
(iii) disclose any criminal history the division requests on a form the division
2025 
approves; and
2026 
(i) shall meet with the division and board if requested by the division or board.
2027 
(4) Each applicant for licensure as an armored car security officer:
2028 
(a) shall submit an application in a form[ prescribed by] the division approves;
- 60 - 12-27 10:38	S.B. 44
2029 
(b) shall pay a fee determined by the department under Section 63J-1-504;
2030 
(c) may not have been convicted of:
2031 
(i) a felony; or
2032 
(ii) a crime that when considered with the duties and responsibilities of an armored
2033 
car security officer by the division and the board indicates that the best interests of
2034 
the public are not served by granting the applicant a license;
2035 
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2036 
Sec. 922(g);
2037 
(e) may not have been declared incompetent by a court of competent jurisdiction by
2038 
reason of mental defect or disease and not been restored;
2039 
(f) may not be currently suffering from habitual drunkenness or from drug addiction or
2040 
dependence;
2041 
(g) shall successfully complete basic education and training requirements established by
2042 
rule by the division in collaboration with the board and in accordance with Title 63G,
2043 
Chapter 3, Utah Administrative Rulemaking Act;
2044 
(h) shall successfully complete firearms training requirements established by rule by the
2045 
division in collaboration with the board and in accordance with Title 63G, Chapter 3,
2046 
Utah Administrative Rulemaking Act;
2047 
(i) shall pass the examination requirements established by rule by the division in
2048 
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2049 
Administrative Rulemaking Act;
2050 
(j) [shall submit to and pass a background check in accordance with Section 58-63-302.1
2051 
and requirements established by division rule made in accordance with Title 63G,
2052 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2053 
(i) consent to, and complete, a criminal background check, described in Section
2054 
58-1-301.5;
2055 
(ii) meet any other standard related to the criminal background check described in
2056 
Subsection (4)(j)(i), that the division establishes by rule in accordance with Title
2057 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2058 
(iii) disclose any criminal history the division requests on a form the division
2059 
approves; and
2060 
(k) shall meet with the division and board if requested by the division or the board.
2061 
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2062 
division may make a rule establishing when the division shall request a Federal Bureau
- 61 - S.B. 44	12-27 10:38
2063 
of Investigation records' review for an applicant who is applying for licensure or
2064 
licensure renewal under this chapter.
2065 
Section 20.  Section 58-64-302 is amended to read:
2066 
58-64-302 . Qualifications for licensure.
2067 
(1) [Each ] An applicant for licensure as a deception detection examiner:
2068 
(a) shall submit an application in a form [prescribed by ]the division approves;
2069 
(b) shall pay a fee determined by the department under Section 63J-1-504;
2070 
(c) may not have been convicted of a felony or any other crime that when considered
2071 
with the duties and responsibilities of a deception detection examiner is considered
2072 
by the division to indicate that the best interests of the public will not be served by
2073 
granting the applicant a license;
2074 
(d) may not have been declared by any court of competent jurisdiction incompetent by
2075 
reason of mental defect or disease and not been restored;
2076 
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2077 
dependence;
2078 
(f) shall have completed one of the following:
2079 
(i) have earned a bachelor's degree from a [four year] four-year university or college
2080 
meeting standards [established by ]the division establishes by rule made in
2081 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2082 
(ii) have completed not less than 8,000 hours of investigation experience approved by
2083 
the division; or
2084 
(iii) have completed a combination of university or college education and
2085 
investigation experience, as defined by rule made by the division in accordance
2086 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as being
2087 
equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
2088 
(g) shall have successfully completed a training program in detection deception meeting
2089 
criteria [established by rule made by ]the division establishes by rule made in
2090 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2091 
(h) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2092 
and requirements established by division rule made in accordance with Title 63G,
2093 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2094 
(i) consent to, and complete, a criminal background check, described in Section
2095 
58-1-301.5;
2096 
(ii) meet any other standard related to the criminal background check described in
- 62 - 12-27 10:38	S.B. 44
2097 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2098 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2099 
(iii) disclose any criminal history the division requests on a form the division
2100 
approves; and
2101 
(i) shall have performed satisfactorily as a licensed deception detection intern for a
2102 
period of not less than one year and shall have satisfactorily conducted not less than
2103 
100 deception detection examinations under the supervision of a licensed deception
2104 
detection examiner.
2105 
(2) [Each ] An applicant for licensure as a deception detection intern:
2106 
(a) shall submit an application in a form [prescribed by ]the division approves;
2107 
(b) shall pay a fee determined by the department under Section 63J-1-504;
2108 
(c) may not have been convicted of a felony or any other crime that when considered
2109 
with the duties and responsibilities of a deception detection intern is considered by
2110 
the division to indicate that the best interests of the public will not be served by
2111 
granting the applicant a license;
2112 
(d) may not have been declared by any court of competent jurisdiction incompetent by
2113 
reason of mental defect or disease and not been restored;
2114 
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2115 
dependence;
2116 
(f) shall have completed one of the following:
2117 
(i) have earned a bachelor's degree from a [four year] four-year university or college
2118 
meeting standards [established by ]the division establishes by rule made in
2119 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2120 
(ii) have completed not less than 8,000 hours of investigation experience approved by
2121 
the division; or
2122 
(iii) have completed a combination of university or college education and
2123 
investigation experience, as defined by rule [made by ]the division makes in
2124 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
2125 
being equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
2126 
(g) shall have successfully completed a training program in detection deception meeting
2127 
criteria established by rule [made by ]the division makes in accordance with Title
2128 
63G, Chapter 3, Utah Administrative Rulemaking Act;
2129 
(h) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2130 
and requirements established by division rule made in accordance with Title 63G,
- 63 - S.B. 44	12-27 10:38
2131 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2132 
(i) consent to, and complete, a criminal background check, described in Section
2133 
58-1-301.5;
2134 
(ii) meet any other standard related to the criminal background check described in
2135 
Subsection (2)(h)(i), that the division establishes by rule in accordance with Title
2136 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2137 
(iii) disclose any criminal history the division requests on a form the division
2138 
approves; and
2139 
(i) shall provide the division with an intern supervision agreement in a form [prescribed
2140 
by ]the division approves under which:
2141 
(i) a licensed deception detection examiner agrees to supervise the intern; and
2142 
(ii) the applicant agrees to be supervised by that licensed deception detection
2143 
examiner.
2144 
(3) [Each ] An applicant for licensure as a deception detection examination administrator:
2145 
(a) shall submit an application in a form[ prescribed by] the division approves;
2146 
(b) shall pay a fee determined by the department under Section 63J-1-504;
2147 
(c) may not have been convicted of a felony or any other crime that when considered
2148 
with the duties and responsibilities of a deception detection examination
2149 
administrator is considered by the division to indicate that the best interests of the
2150 
public will not be served by granting the applicant a license;
2151 
(d) may not have been declared by a court of competent jurisdiction incompetent by
2152 
reason of mental defect or disease and not been restored;
2153 
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2154 
dependence;
2155 
(f) shall have earned an associate degree from a state-accredited university or college or
2156 
have an equivalent number of years' work experience;
2157 
(g) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2158 
and requirements established by division rule made in accordance with Title 63G,
2159 
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2160 
(i) consent to, and complete, a criminal background check, described in Section
2161 
58-1-301.5;
2162 
(ii) meet any other standard related to the criminal background check described in
2163 
Subsection (3)(g)(i), that the division establishes by rule in accordance with Title
2164 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
- 64 - 12-27 10:38	S.B. 44
2165 
(iii) disclose any criminal history the division requests on a form the division
2166 
approves; and
2167 
(h) shall have successfully completed a training program and have obtained certification
2168 
in deception detection examination administration provided by the manufacturer of a
2169 
scientific or technology-based software application solution that [is approved by ]the
2170 
director approves.
2171 
Section 21.  Section 58-67-302 is amended to read:
2172 
58-67-302 . Qualifications for licensure.
2173 
(1) An applicant for licensure as a physician and surgeon, except as set forth in Subsection
2174 
(2), shall:
2175 
(a) submit an application in a form [prescribed by ]the division approves, which may
2176 
include:
2177 
(i) submissions by the applicant of information maintained by practitioner data banks,
2178 
as designated by division rule, with respect to the applicant;
2179 
(ii) a record of professional liability claims made against the applicant and
2180 
settlements paid by or on behalf of the applicant; and
2181 
(iii) authorization to use a record coordination and verification service [approved by ]
2182 
the division in collaboration with the board approves;
2183 
(b) pay a fee determined by the department under Section 63J-1-504;
2184 
[(c) if the applicant is applying to participate in the Interstate Medical Licensure
2185 
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a
2186 
criminal background check in accordance with Section 58-67-302.1 and any
2187 
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2188 
Administrative Rulemaking Act;]
2189 
(c)(i) consent to, and complete, a criminal background check, described in Section
2190 
58-1-301.5;
2191 
(ii) meet any other standard related to the criminal background check described in
2192 
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
2193 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2194 
(iii) disclose any criminal history the division requests on a form the division
2195 
approves;
2196 
(d) provide satisfactory documentation of having successfully completed a program of
2197 
professional education preparing an individual as a physician and surgeon, as
2198 
evidenced by:
- 65 - S.B. 44	12-27 10:38
2199 
(i) having received an earned degree of doctor of medicine from an LCME accredited
2200 
medical school or college; or
2201 
(ii) if the applicant graduated from a medical school or college located outside the
2202 
United States or [its] the United States' territories, submitting a current certification
2203 
by the Educational Commission for Foreign Medical Graduates or any successor
2204 
organization approved by the division in collaboration with the board;
2205 
(e) satisfy the division and board that the applicant:
2206 
(i) has successfully completed 24 months of progressive resident training in a
2207 
program approved by the ACGME, the Royal College of Physicians and
2208 
Surgeons, the College of Family Physicians of Canada, or any similar body in the
2209 
United States or Canada approved by the division in collaboration with the board;
2210 
or
2211 
(ii)(A) has successfully completed 12 months of resident training in an ACGME
2212 
approved program after receiving a degree of doctor of medicine as required
2213 
under Subsection (1)(d);
2214 
(B) has been accepted in and is successfully participating in progressive resident
2215 
training in an ACGME approved program within Utah, in the applicant's
2216 
second or third year of postgraduate training; and
2217 
(C) has agreed to surrender to the division the applicant's license as a physician
2218 
and surgeon without any proceedings under Title 63G, Chapter 4,
2219 
Administrative Procedures Act, and has agreed the applicant's license as a
2220 
physician and surgeon [will] may be automatically revoked by the division if
2221 
the applicant fails to continue in good standing in an ACGME approved
2222 
progressive resident training program within the state;
2223 
(f) pass the licensing examination sequence required by division rule made in
2224 
collaboration with the board;
2225 
(g) be able to read, write, speak, understand, and be understood in the English language
2226 
and demonstrate proficiency to the satisfaction of the board if requested by the board;
2227 
(h) meet with the board and representatives of the division, if requested, for the purpose
2228 
of evaluating the applicant's qualifications for licensure;
2229 
(i) designate:
2230 
(i) a contact person for access to medical records in accordance with the federal
2231 
Health Insurance Portability and Accountability Act; and
2232 
(ii) an alternate contact person for access to medical records, in the event the original
- 66 - 12-27 10:38	S.B. 44
2233 
contact person is unable or unwilling to serve as the contact person for access to
2234 
medical records; and
2235 
(j) establish a method for notifying patients of the identity and location of the contact
2236 
person and alternate contact person, if the applicant will practice in a location with no
2237 
other persons licensed under this chapter.
2238 
(2) An applicant for licensure as a physician and surgeon by endorsement who is currently
2239 
licensed to practice medicine in any state other than Utah, a district or territory of the
2240 
United States, or Canada shall:
2241 
(a) be currently licensed with a full unrestricted license in good standing in any state,
2242 
district, or territory of the United States, or Canada;
2243 
(b) have been actively engaged in the legal practice of medicine in any state, district, or
2244 
territory of the United States, or Canada for not less than 6,000 hours during the five
2245 
years immediately preceding the date of application for licensure in Utah;
2246 
(c) comply with the requirements for licensure under Subsections (1)(a) through (d),
2247 
(1)(e)(i), and (1)(g) through (j);
2248 
(d) have passed the licensing examination sequence required in Subsection (1)(f) or
2249 
another medical licensing examination sequence in another state, district or territory
2250 
of the United States, or Canada that the division in collaboration with the board by
2251 
rulemaking determines is equivalent to [its] the board's own required examination;
2252 
(e) not have any investigation or action pending against any health care license of the
2253 
applicant, not have a health care license that was suspended or revoked in any state,
2254 
district or territory of the United States, or Canada, and not have surrendered a health
2255 
care license in lieu of a disciplinary action, unless:
2256 
(i) the license was subsequently reinstated as a full unrestricted license in good
2257 
standing; or
2258 
(ii) the division in collaboration with the board determines to [its] the board's
2259 
satisfaction, after full disclosure by the applicant, that:
2260 
(A) the conduct has been corrected, monitored, and resolved; or
2261 
(B) a mitigating circumstance exists that prevents [its] the investigation's or action's
2262 
resolution, and the division in collaboration with the board is satisfied that, but
2263 
for the mitigating circumstance, the license would be reinstated;
2264 
(f) submit to a records review, a practice history review, and comprehensive
2265 
assessments, if requested by the division in collaboration with the board; and
2266 
(g) produce satisfactory evidence that the applicant meets the requirements of this
- 67 - S.B. 44	12-27 10:38
2267 
Subsection (2) to the satisfaction of the division in collaboration with the board.
2268 
(3) An applicant for licensure by endorsement may engage in the practice of medicine
2269 
under a temporary license while the division processes the applicant's application for
2270 
licensure[ is being processed by the division, provided]  if:
2271 
(a) the applicant submits a complete application required for temporary licensure to the
2272 
division;
2273 
(b) the applicant submits a written document to the division from:
2274 
(i) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care
2275 
Facility Licensing and Inspection, stating that the applicant is practicing under the:
2276 
(A) invitation of the health care facility; and
2277 
(B) the general supervision of a physician practicing at the facility; or
2278 
(ii) two individuals licensed under this chapter, whose license is in good standing and
2279 
who practice in the same clinical location, both stating that:
2280 
(A) the applicant is practicing under the invitation and general supervision of the
2281 
individual; and
2282 
(B) the applicant will practice at the same clinical location as the individual;
2283 
(c) the applicant submits a signed certification to the division that the applicant meets
2284 
the requirements of Subsection (2);
2285 
(d) the applicant does not engage in the practice of medicine until the division [has issued] 
2286 
issues a temporary license;
2287 
(e) the temporary license is [only ]issued for only one year from the date of issuance and
2288 
may not be extended or renewed[ beyond the duration of one year from issuance]; and
2289 
(f) the temporary license expires immediately and [prior to] before the expiration of one
2290 
year from issuance, upon notification from the division that the division denied the
2291 
applicant's application for licensure by endorsement[ is denied].
2292 
(4) The division shall issue a temporary license under Subsection (3) within 15 business
2293 
days after the day on which the applicant satisfies the requirements of Subsection (3).
2294 
(5) The division may not require  the following requirements for licensure:
2295 
(a) a post-residency board certification; or
2296 
(b) a cognitive test when the physician reaches a specified age, unless:
2297 
(i) the screening is based on evidence of cognitive changes associated with aging that
2298 
are relevant to physician performance;
2299 
(ii) the screening is based on principles of medical ethics;
2300 
(iii) physicians are involved in the development of standards for assessing
- 68 - 12-27 10:38	S.B. 44
2301 
competency;
2302 
(iv) guidelines, procedures, and methods of assessment, which may include cognitive
2303 
screening, are relevant to physician practice and to the physician's ability to
2304 
perform the tasks specifically required in the physician's practice environment;
2305 
(v) the primary driver for establishing assessment results is the ethical obligation of
2306 
the profession to the health of the public and patient safety;
2307 
(vi) the goal of the assessment is to optimize physician competency and performance
2308 
through education, remediation, and modifications to a physician's practice
2309 
environment or scope;
2310 
(vii) a credentialing committee determines that public health or patient safety is
2311 
directly threatened, the screening permits a physician to retain the right to modify
2312 
the physician's practice environment to allow the physician to continue to provide
2313 
safe and effective care;
2314 
(viii) guidelines, procedures, and methods of assessment are transparent to physicians
2315 
and physicians' representatives, if requested by a physician or a physician's
2316 
representative, and physicians are made aware of the specific methods used,
2317 
performance expectations and standards against which performance will be
2318 
judged, and the possible outcomes of the screening or assessment;
2319 
(ix) education or remediation practices that result from screening or assessment
2320 
procedures are:
2321 
(A) supportive of physician wellness;
2322 
(B) ongoing; and
2323 
(C) proactive; and
2324 
(x) procedures and screening mechanisms that are distinctly different from for cause
2325 
assessments do not result in undue cost or burden to senior physicians providing
2326 
patient care.
2327 
Section 22.  Section 58-68-302 is amended to read:
2328 
58-68-302 . Qualifications for licensure.
2329 
(1) An applicant for licensure as an osteopathic physician and surgeon, except as set forth
2330 
in Subsection (2), shall:
2331 
(a) submit an application in a form [prescribed by ]the division approves, which may
2332 
include:
2333 
(i) submissions by the applicant of information maintained by practitioner data banks,
2334 
as designated by division rule, with respect to the applicant;
- 69 - S.B. 44	12-27 10:38
2335 
(ii) a record of professional liability claims made against the applicant and
2336 
settlements paid by or on behalf of the applicant; and
2337 
(iii) authorization to use a record coordination and verification service approved by
2338 
the division in collaboration with the board;
2339 
(b) pay a fee determined by the department under Section 63J-1-504;
2340 
[(c) if the applicant is applying to participate in the Interstate Medical Licensure
2341 
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a
2342 
criminal background check in accordance with Section 58-68-302.1 and any
2343 
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2344 
Administrative Rulemaking Act;]
2345 
(c)(i) consent to, and complete, a criminal background check, described in Section
2346 
58-1-301.5;
2347 
(ii) meet any other standard related to the criminal background check described in
2348 
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
2349 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2350 
(iii) disclose any criminal history the division requests on a form the division
2351 
approves;
2352 
(d) provide satisfactory documentation of having successfully completed a program of
2353 
professional education preparing an individual as an osteopathic physician and
2354 
surgeon, as evidenced by:
2355 
(i) having received an earned degree of doctor of osteopathic medicine from an AOA
2356 
approved medical school or college; or
2357 
(ii) submitting a current certification by the Educational Commission for Foreign
2358 
Medical Graduates or any successor organization approved by the division in
2359 
collaboration with the board, if the applicant is graduated from an osteopathic
2360 
medical school or college located outside of the United States or its territories
2361 
which at the time of the applicant's graduation, met criteria for accreditation by the
2362 
AOA;
2363 
(e) satisfy the division and board that the applicant:
2364 
(i) has successfully completed 24 months of progressive resident training in an
2365 
ACGME or AOA approved program after receiving a degree of doctor of
2366 
osteopathic medicine required under Subsection (1)(d); or
2367 
(ii)(A) has successfully completed 12 months of resident training in an ACGME
2368 
or AOA approved program after receiving a degree of doctor of osteopathic
- 70 - 12-27 10:38	S.B. 44
2369 
medicine as required under Subsection (1)(d);
2370 
(B) has been accepted in and is successfully participating in progressive resident
2371 
training in an ACGME or AOA approved program within Utah, in the
2372 
applicant's second or third year of postgraduate training; and
2373 
(C) has agreed to surrender to the division the applicant's license as an osteopathic
2374 
physician and surgeon without any proceedings under Title 63G, Chapter 4,
2375 
Administrative Procedures Act, and has agreed the applicant's license as an
2376 
osteopathic physician and surgeon will be automatically revoked by the
2377 
division if the applicant fails to continue in good standing in an ACGME or
2378 
AOA approved progressive resident training program within the state;
2379 
(f) pass the licensing examination sequence required by division rule, as made in
2380 
collaboration with the board;
2381 
(g) be able to read, write, speak, understand, and be understood in the English language
2382 
and demonstrate proficiency to the satisfaction of the board, if requested by the board;
2383 
(h) meet with the board and representatives of the division, if requested for the purpose
2384 
of evaluating the applicant's qualifications for licensure;
2385 
(i) designate:
2386 
(i) a contact person for access to medical records in accordance with the federal
2387 
Health Insurance Portability and Accountability Act; and
2388 
(ii) an alternate contact person for access to medical records, in the event the original
2389 
contact person is unable or unwilling to serve as the contact person for access to
2390 
medical records; and
2391 
(j) establish a method for notifying patients of the identity and location of the contact
2392 
person and alternate contact person, if the applicant will practice in a location with no
2393 
other persons licensed under this chapter.
2394 
(2) An applicant for licensure as an osteopathic physician and surgeon by endorsement who
2395 
is currently licensed to practice osteopathic medicine in any state other than Utah, a
2396 
district or territory of the United States, or Canada shall:
2397 
(a) be currently licensed with a full unrestricted license in good standing in any state,
2398 
district or territory of the United States, or Canada;
2399 
(b) have been actively engaged in the legal practice of osteopathic medicine in any state,
2400 
district or territory of the United States, or Canada for not less than 6,000 hours
2401 
during the five years immediately preceding the day on which the applicant applied
2402 
for licensure in Utah;
- 71 - S.B. 44	12-27 10:38
2403 
(c) comply with the requirements for licensure under Subsections (1)(a) through (d),
2404 
(1)(e)(i), and (1)(g) through (j);
2405 
(d) have passed the licensing examination sequence required in Subsection (1)(f) or
2406 
another medical licensing examination sequence in another state, district or territory
2407 
of the United States, or Canada that the division in collaboration with the board by
2408 
rulemaking determines is equivalent to [its] the board's own required examination;
2409 
(e) not have any investigation or action pending against any health care license of the
2410 
applicant, not have a health care license that was suspended or revoked in any state,
2411 
district or territory of the United States, or Canada, and not have surrendered a health
2412 
care license in lieu of a disciplinary action, unless:
2413 
(i) the license was subsequently reinstated as a full unrestricted license in good
2414 
standing; or
2415 
(ii) the division in collaboration with the board determines, after full disclosure by
2416 
the applicant, that:
2417 
(A) the conduct has been corrected, monitored, and resolved; or
2418 
(B) a mitigating circumstance exists that prevents its resolution, and the division
2419 
in collaboration with the board is satisfied that, but for the mitigating
2420 
circumstance, the license would be reinstated;
2421 
(f) submit to a records review, a practice review history, and physical and psychological
2422 
assessments, if requested by the division in collaboration with the board; and
2423 
(g) produce evidence that the applicant meets the requirements of this Subsection (2) to
2424 
the satisfaction of the division in collaboration with the board.
2425 
(3) An applicant for licensure by endorsement may engage in the practice of medicine
2426 
under a temporary license while the division processes the applicant's application for
2427 
licensure[ is being processed by the division, provided]  if:
2428 
(a) the applicant submits a complete application required for temporary licensure to the
2429 
division;
2430 
(b) the applicant submits a written document to the division from:
2431 
(i) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care
2432 
Facility Licensing and Inspection, stating that the applicant is practicing under the:
2433 
(A) invitation of the health care facility; and
2434 
(B) the general supervision of a physician practicing at the health care facility; or
2435 
(ii) two individuals licensed under this chapter, whose license is in good standing and
2436 
who practice in the same clinical location, both stating that:
- 72 - 12-27 10:38	S.B. 44
2437 
(A) the applicant is practicing under the invitation and general supervision of the
2438 
individual; and
2439 
(B) the applicant will practice at the same clinical location as the individual;
2440 
(c) the applicant submits a signed certification to the division that the applicant meets
2441 
the requirements of Subsection (2);
2442 
(d) the applicant does not engage in the practice of medicine until the division [has issued] 
2443 
issues a temporary license;
2444 
(e) the temporary license is [only ]issued for only one year from the date of issuance and
2445 
may not be extended or renewed[ beyond the duration of one year from issuance]; and
2446 
(f) the temporary license expires immediately and [prior to] before the expiration of one
2447 
year from issuance, upon notification from the division that the division denied the
2448 
applicant's application for licensure by endorsement[ is denied].
2449 
(4) The division shall issue a temporary license under Subsection (3) within 15 business
2450 
days after the applicant satisfies the requirements of Subsection (3).
2451 
(5) The division may not require  a:
2452 
(a) post-residency board certification; or
2453 
(b) a cognitive test when the physician reaches a specified age, unless the test reflects
2454 
the standards described in Subsections 58-67-302(5)(b)(i) through (x).
2455 
Section 23.  Section 58-69-302 is amended to read:
2456 
58-69-302 . Qualifications -- Licensure as a dentist -- Licensure as a dental
2457 
hygienist.
2458 
(1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall:
2459 
(a) submit an application in a form [as prescribed by ]the division approves;
2460 
(b) pay a fee as determined by the department under Section 63J-1-504;
2461 
(c) provide satisfactory documentation of having successfully completed a program of
2462 
professional education preparing an individual as a dentist as evidenced by having
2463 
received an earned doctor's degree in dentistry from a dental school accredited by the
2464 
Commission on Dental Accreditation of the American Dental Association;
2465 
(d) pass the National Board Dental Examinations as administered by the Joint
2466 
Commission on National Dental Examinations of the American Dental Association;
2467 
(e) pass any regional dental clinical licensure examination approved by division rule
2468 
made in collaboration with the board and in accordance with Title 63G, Chapter 3,
2469 
Utah Administrative Rulemaking Act;
2470 
(f) pass any other examinations regarding applicable law, rules, or ethics as established
- 73 - S.B. 44	12-27 10:38
2471 
by division rule made in collaboration with the board and in accordance with Title
2472 
63G, Chapter 3, Utah Administrative Rulemaking Act;
2473 
(g) be able to read, write, speak, understand, and be understood in the English language
2474 
and demonstrate proficiency to the satisfaction of the board if requested by the board;[
2475 
and]
2476 
(h) meet with the board if requested by the board or division for the purpose of
2477 
examining the applicant's qualifications for licensure[.] ; and
2478 
(i)(i) consent to, and complete, a criminal background check, described in Section
2479 
58-1-301.5;
2480 
(ii) meet any other standard related to the criminal background check described in
2481 
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
2482 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2483 
(iii) disclose any criminal history the division requests on a form the division
2484 
provides.
2485 
(2) An applicant for licensure as a dentist qualifying under the endorsement provision of
2486 
Section 58-1-302 shall:
2487 
(a) be currently licensed in good standing with an unrestricted license in another
2488 
jurisdiction described in Section 58-1-302;
2489 
(b) document having met all requirements for licensure under Subsection (1) except
2490 
Subsection (1)(c); and
2491 
(c) document having been successfully engaged in clinical practice as a dentist for not
2492 
less than 6,000 hours in the five years immediately preceding the date of application
2493 
for licensure in Utah.
2494 
(3) [An] Except as provided in Subsection (4), an applicant for licensure as a dental hygienist[
2495 
, except as set forth in Subsection (4),] shall:
2496 
(a) submit an application in a form [as prescribed by ]the division approves;
2497 
(b) pay a fee as determined by the department pursuant to Section 63J-1-504;
2498 
(c) be a graduate holding a certificate or degree in dental hygiene from a school
2499 
accredited by the Commission on Dental Accreditation of the American Dental
2500 
Association;
2501 
(d) pass the National Board Dental Hygiene Examination as administered by the Joint
2502 
Commission on National Dental Examinations of the American Dental Association;
2503 
(e) pass an examination consisting of practical demonstrations in the practice of dental
2504 
hygiene and written or oral examination in the theory and practice of dental hygiene
- 74 - 12-27 10:38	S.B. 44
2505 
as established by division rule made in collaboration with the board;
2506 
(f) pass any other examinations regarding applicable law, rules, and ethics as established
2507 
by rule by division rule made in collaboration with the board;
2508 
(g) be able to read, write, speak, understand, and be understood in the English language
2509 
and demonstrate proficiency to the satisfaction of the board if requested by the board;[
2510 
and]
2511 
(h) meet with the board if requested by the board or division for the purpose of
2512 
examining the applicant's qualifications for licensure[.] ; and
2513 
(i)(i) consent to, and complete, a criminal background check, described in Section
2514 
58-1-301.5;
2515 
(ii) meet any other standard related to the criminal background check described in
2516 
Subsection (3)(i)(i), that the division establishes by rule in accordance with Title
2517 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2518 
(iii) disclose any criminal history the division requests on a form the division
2519 
provides.
2520 
(4) An applicant for licensure as a dental hygienist qualifying under the endorsement
2521 
provision of Section 58-1-302 shall:
2522 
(a) be currently licensed in another jurisdiction set forth in Section 58-1-302;
2523 
(b)(i) document having met all requirements for licensure under Subsection (3)
2524 
except, an applicant having received licensure in another state or jurisdiction [
2525 
prior to] before 1962, the year when the National Board Dental Hygiene
2526 
Examinations were first administered, shall document having passed a state
2527 
administered examination acceptable to the division in collaboration with the
2528 
board; or
2529 
(ii) document having obtained licensure in another state or jurisdiction upon which
2530 
licensure by endorsement is based [by] upon meeting requirements [which] that
2531 
were equal to licensure requirements in Utah at the time the applicant obtained
2532 
licensure in the other state or jurisdiction; and
2533 
(c) document having been successfully engaged in practice as a dental hygienist for not
2534 
less than 2,000 hours in the two years immediately preceding the date of application
2535 
for licensure in Utah.
2536 
Section 24.  Section 58-70a-302 is amended to read:
2537 
58-70a-302 . Qualifications for licensure.
2538 
      Each applicant for licensure as a physician assistant shall:
- 75 - S.B. 44	12-27 10:38
2539 
(1) submit an application in a form[ prescribed by] the division approves;
2540 
(2) pay a fee determined by the department under Section 63J-1-504;
2541 
(3) have successfully completed a physician assistant program accredited by:
2542 
(a) the Accreditation Review Commission on Education for the Physician Assistant; or
2543 
(b) if [prior to] before January 1, 2001, either the:
2544 
(i) Committee on Accreditation of Allied Health Education Programs; or
2545 
(ii) Committee on Allied Health Education and Accreditation;
2546 
(4) have passed the licensing examinations required by division rule made in collaboration
2547 
with the board;
2548 
(5) meet with the board and representatives of the division, if requested, for the purpose of
2549 
evaluating the applicant's qualifications for licensure; and
2550 
(6) [if the applicant is applying to participate in the PA Licensure Compact under Chapter
2551 
70c, PA Licensure Compact, consent to a criminal background check in accordance with
2552 
Section 58-70a-301.1 and any requirements established by division rule made in
2553 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
2554 
(a) consent to, and complete, a criminal background check, described in Section
2555 
58-1-301.5;
2556 
(b) meet any other standard related to the criminal background check described in
2557 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
2558 
Chapter 3, Utah Administrative Rulemaking Act; and
2559 
(c) disclose any criminal history the division requests on a form the division provides.
2560 
Section 25.  Section 58-70b-302 is amended to read:
2561 
58-70b-302 . Qualifications for licensure.
2562 
      Each applicant for licensure as an anesthesiologist assistant under this chapter
2563 
shall:
2564 
(1) submit an application on a form [established by ]the division approves;
2565 
(2) pay a fee determined by the division under Section 63J-1-504;
2566 
(3) provide satisfactory documentation of having graduated from a program certified by the
2567 
Commission on Accreditation of Allied Health Education Programs or the commission's
2568 
successor organization;
2569 
(4) within 12 months of completing the training under Subsection (3), pass the certification
2570 
exam offered by the National Commission for Certification of Anesthesiologist
2571 
Assistants;[ and]
2572 
(5) have the certification described in Subsection (4) at the time of the application and
- 76 - 12-27 10:38	S.B. 44
2573 
maintain the certification throughout the term of the license[.] ; and
2574 
(6)(a) consent to, and complete, a criminal background check, described in Section
2575 
58-1-301.5;
2576 
(b) meet any other standard related to the criminal background check described in
2577 
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
2578 
Chapter 3, Utah Administrative Rulemaking Act; and
2579 
(c) disclose any criminal history the division requests on a form the division approves.
2580 
Section 26.  Section 58-71-302 is amended to read:
2581 
58-71-302 . Qualifications for licensure.
2582 
(1) [An] Except as provided in Subsection (2), an applicant for licensure as a naturopathic
2583 
physician[, except as set forth in Subsection (2),] shall:
2584 
(a) submit an application in a form [prescribed by ]the division approves, which may
2585 
include:
2586 
(i) submissions by the applicant of information maintained by practitioner data banks,
2587 
as designated by division rule, with respect to the applicant; and
2588 
(ii) a record of professional liability claims made against the applicant and
2589 
settlements paid by or [in] on behalf of the applicant;
2590 
(b) pay a fee determined by the department under Section 63J-1-504;
2591 
(c) provide satisfactory documentation of having successfully completed a program of
2592 
professional education preparing an individual as a naturopathic physician, as
2593 
evidenced by having received an earned degree of doctor of naturopathic medicine
2594 
from:
2595 
(i) a naturopathic medical school or college accredited by the Council of
2596 
Naturopathic Medical Education or [its] the successor organization approved by
2597 
the division;
2598 
(ii) a naturopathic medical school or college that is a candidate for accreditation by
2599 
the Council of Naturopathic Medical Education or [its] the successor organization,
2600 
and is approved by the division, upon a finding there is reasonable expectation the
2601 
school or college [will] shall be accredited; or
2602 
(iii) a naturopathic medical school or college which, at the time of the applicant's
2603 
graduation, met current criteria for accreditation by the Council of Naturopathic
2604 
Medical Education or [its] the successor organization approved by the division;
2605 
(d) provide satisfactory documentation of having successfully completed, after
2606 
successful completion of the education requirements [set forth] described in
- 77 - S.B. 44	12-27 10:38
2607 
Subsection (1)(c), 12 months of clinical experience in naturopathic medicine in a
2608 
residency program recognized by the division and associated with an accredited
2609 
school or college of naturopathic medicine, and under the preceptorship of a licensed
2610 
naturopathic physician, physician and surgeon, or osteopathic physician;
2611 
(e) pass the licensing examination sequence required by division rule;
2612 
(f) be able to read, write, speak, understand, and be understood in the English language
2613 
and demonstrate proficiency to the satisfaction of the division if requested by the
2614 
division;[ and]
2615 
(g) meet with representatives of the division, if requested, for the purpose of evaluating
2616 
the applicant's qualifications for licensure[.] ; and
2617 
(h)(i) consent to, and complete, a criminal background check, described in Section
2618 
58-1-301.5;
2619 
(ii) meet any other standard related to the criminal background check described in
2620 
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2621 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2622 
(iii) disclose any criminal history the division requests on a form the division
2623 
approves.
2624 
(2)(a) In accordance with Subsection (2)(b), an applicant for licensure as a naturopathic
2625 
physician under the endorsement provision of Section 58-1-302 shall:
2626 
(i) meet the requirements of Section 58-1-302;
2627 
(ii) document having met all requirements for licensure under Subsection (1) except
2628 
the clinical experience requirement of Subsection (1)(d);
2629 
(iii) have passed the examination requirements established under Subsection (1)(e)
2630 
that:
2631 
(A) the applicant has not passed in connection with licensure in another state or
2632 
jurisdiction; and
2633 
(B) are available to the applicant to take without requiring additional professional
2634 
education;
2635 
(iv) have been actively engaged in the practice of a naturopathic physician for not
2636 
less than 6,000 hours during the five years immediately preceding the date of
2637 
application for licensure in Utah; and
2638 
(v) meet with representatives of the division for the purpose of evaluating the
2639 
applicant's qualifications for licensure.
2640 
(b) The division may rely, either wholly or in part, on one or more credentialing
- 78 - 12-27 10:38	S.B. 44
2641 
associations designated by division rule to document and certify in writing to the
2642 
satisfaction of the division that an applicant has met each of the requirements of this
2643 
Subsection (2), including the requirements of Section 58-1-302, and that:
2644 
(i) the applicant holds a current license;
2645 
(ii) the education, experience, and examination requirements of the foreign country or
2646 
the state, district, or territory of the United States that issued the applicant's license
2647 
are, or were at the time the license was issued, equal to those of this state for
2648 
licensure as a naturopathic physician; and
2649 
(iii) the applicant has produced evidence satisfactory to the division of the applicant's
2650 
qualifications, identity, and good standing as a naturopathic physician.
2651 
Section 27.  Section 58-73-302 is amended to read:
2652 
58-73-302 . Qualifications for licensure.
2653 
(1) Each applicant for licensure as a chiropractic physician, other than [those] an applicant
2654 
applying for a license based on licensure as a chiropractor or chiropractic physician in
2655 
another jurisdiction, shall:
2656 
(a) submit an application in a form[ prescribed by] the division approves;
2657 
(b) pay a fee determined by the department under Section 63J-1-504;
2658 
(c) demonstrate satisfactory completion of at least two years of general study in a
2659 
college or university;
2660 
(d) demonstrate having earned a degree of doctor of chiropractic from a chiropractic
2661 
college or university that at the time the degree was conferred was accredited by the
2662 
Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting
2663 
body recognized by the United States Department of Education and by the division
2664 
rule made in collaboration with the board;
2665 
(e) demonstrate successful completion of:
2666 
(i) the National Chiropractic Boards:
2667 
(A) Parts I and II;
2668 
(B) Written Clinical Competency Examination; and
2669 
(C) Physiotherapy;
2670 
(ii) the Utah Chiropractic Law and Rules Examination; and
2671 
(iii) a practical examination approved by the division in collaboration with the board;[
2672 
and]
2673 
(f) meet with the board, if requested, for the purpose of reviewing the applicant's
2674 
qualifications for licensure[.] ; and
- 79 - S.B. 44	12-27 10:38
2675 
(g)(i) consent to, and complete, a criminal background check, described in Section
2676 
58-1-301.5;
2677 
(ii) meet any other standard related to the criminal background check described in
2678 
Subsection (1)(g)(i), that the division establishes by rule in accordance with Title
2679 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2680 
(iii) disclose any criminal history the division requests on a form the division
2681 
approves.
2682 
(2) Each applicant for licensure as a chiropractic physician based on licensure as a
2683 
chiropractor or chiropractic physician in another jurisdiction shall:
2684 
(a) submit an application in the form[ prescribed by] the division approves;
2685 
(b) pay a fee determined by the department under Section 63J-1-504;
2686 
(c) demonstrate having obtained licensure as a chiropractor or chiropractic physician in
2687 
another state under education requirements which were equivalent to the education
2688 
requirements in this state to obtain a chiropractor or chiropractic physician license at
2689 
the time the applicant obtained the license in the other state;
2690 
(d) demonstrate successful completion of:
2691 
(i) the Utah Chiropractic Law and Rules Examination; and
2692 
(ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
2693 
of Chiropractic Examiners;
2694 
(e) have been actively engaged in the practice of chiropractic for not less than two years
2695 
immediately preceding application for licensure in [this state; and] Utah;
2696 
(f) meet with the board, if requested, for the purpose of reviewing the applicant's
2697 
qualifications for licensure[.] ; and
2698 
(g)(i) consent to, and complete, a criminal background check, described in Section
2699 
58-1-301.5;
2700 
(ii) meet any other standard related to the criminal background check described in
2701 
Subsection (2)(g)(i), that the division establishes by rule in accordance with Title
2702 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2703 
(iii) disclose any criminal history the division requests on a form the division
2704 
provides.
2705 
Section 28.  Repealer.
2706 
This bill repeals:
2707 
Section 58-44a-302.1, Background checks.
2708 
Section 58-70a-301.1, Criminal background check.
- 80 - 12-27 10:38	S.B. 44
2709 
Section 58-68-302.1, Qualifications for licensure -- Criminal background check.
2710 
Section 58-67-302.1, Qualifications for licensure -- Criminal background check.
2711 
Section 58-64-302.1, Criminal background check.
2712 
Section 58-63-302.1, Criminal background check.
2713 
Section 58-61-304.1, Criminal background check.
2714 
Section 58-60-103.1, Criminal background check.
2715 
Section 58-55-302.1, Criminal background check.
2716 
Section 58-47b-302.1, Criminal background check.
2717 
Section 58-42a-302.1, Criminal background check.
2718 
Section 58-24b-302.1, Criminal background check.
2719 
Section 58-17b-307, Qualification for licensure -- Criminal background checks.
2720 
Section 29.  Effective Date.
2721 
This bill takes effect on May 7, 2025.
- 81 -