02-05 15:26 1st Sub. (Green) S.B. 44
Evan J. Vickers proposes the following substitute bill:
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Professional Licensure Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: A. Cory Maloy
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LONG TITLE
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General Description:
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This bill amends provisions related to professional licensure.
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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 (division)
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revokes a license, as that revocation applies to a criminal background check;
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▸ renames the Physicians Education Fund to the Physicians Education and Enforcement
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Fund (fund);
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▸ authorizes the director of the division to make distributions from the fund under certain
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circumstances;
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▸ requires that the division deposit administrative penalties imposed for unprofessional or
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unlawful conduct into the fund; 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
1st Sub. S.B. 44 1st Sub. (Green) S.B. 44 02-05 15:26
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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
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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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58-67-503, as last amended by Laws of Utah 2022, Chapter 415
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58-67a-1, as last amended by Laws of Utah 2013, Chapter 400
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58-68-302, as last amended by Laws of Utah 2023, Chapter 329
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58-68-503, as last amended by Laws of Utah 2022, Chapter 415
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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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58-71-402, as last amended by Laws of Utah 2022, Chapter 415
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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:
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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
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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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(c)(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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(3)(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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(c)(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
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indicates there is cause to believe that issuing a license to the applicant is inconsistent
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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
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local laws relating to the type of activity engaged in by the licensee, including
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regulations of the Federal Drug Enforcement Administration and Food and Drug
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Administration;
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(e) maintain operating standards established by division rule made in collaboration with
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the board and in accordance with Title 63G, Chapter 3, Utah Administrative
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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]
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consents to, and completes, a criminal background check, described in Section
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58-1-301.5;
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(ii) meets any other standard related to the criminal background check described in
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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
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(iii) discloses any criminal history the division requests on a form the division
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approves; and
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(g) acknowledge the division's authority to inspect the licensee's business premises
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pursuant to Section 58-17b-103.
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(2) Each applicant applying for a class D 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) present to the division verification of licensure in the state where physically located
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and verification that such license is in good standing;
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(d) satisfy the division that the applicant and each of the applicant's pharmacy managers
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has not engaged in any act, practice, or omission, which when considered with the
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duties and responsibilities of a licensee under this section, indicates there is cause to
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believe that issuing a license to the applicant is inconsistent with the interest of the
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public's health, safety, or welfare;
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(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;] :
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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 (2)(e)(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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(f) provide a statement of the scope of pharmacy services that will be provided and a
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detailed description of the protocol as described by rule by which pharmacy care will
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be provided, including any collaborative practice arrangements with other health care
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practitioners;
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(g) sign an affidavit attesting that any healthcare practitioners employed by the applicant
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and physically located in Utah have the appropriate license issued by the division and
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in good standing;
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(h) sign an affidavit attesting that the applicant will abide by the pharmacy laws and
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regulations of the jurisdiction in which the pharmacy is located; and
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(i) if an applicant engages in compounding, submit the most recent inspection report:
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(i) conducted within two years before the application for licensure; and
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(ii)(A) conducted as part of the National Association of Boards of Pharmacy
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Verified Pharmacy Program; or
396
(B) performed by the state licensing agency of the state in which the applicant is a
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resident and in accordance with the National Association of Boards of
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Pharmacy multistate inspection blueprint program.
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(3)(a) Each license issued under this section shall be associated with a single, specific
400
address.
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(b) By rule made in collaboration with the board and in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee
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to update, by request to the division, the address associated with the licensee under
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Subsection (3)(a), to a new address if the licensee requests the change of address at
405
least 90 days before the day on which the licensee begins operating at the new
406
address.
407
Section 8. Section 58-24b-302 is amended to read:
408
58-24b-302 . Licensure.
409
(1) An applicant for a license as a physical therapist shall:
410
(a) complete the application process, including payment of fees;
411
(b) submit proof of graduation from a professional physical therapist education program
412
that is accredited by a recognized accreditation agency;
413
(c) pass a licensing examination:
414
(i) after complying with Subsection (1)(b); or
415
(ii) if the applicant is in the final term of a professional physical therapist education
416
program that is accredited by a recognized accreditation agency;
417
(d) be able to read, write, speak, understand, and be understood in the English language
418
and demonstrate proficiency to the satisfaction of the board if requested by the board;
419
(e)(i) [consent to a criminal background check in accordance with Section
420
58-24b-302.1 and any requirements established by rule made in accordance with
421
Title 63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and
422
complete, a criminal background check, described in Section 58-1-301.5;
423
(ii) meet any other standard related to the criminal background check described in
424
Subsection (1)(e)(i), that the division establishes by rule in accordance with Title
425
63G, Chapter 3, Utah Administrative Rulemaking Act; and
426
(iii) disclose any criminal history the division requests on a form the division
427
approves; and
428
(f) meet any other requirements established by the division, by rule made in accordance
429
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
430
(2) An applicant for a license as a physical therapist assistant shall:
431
(a) complete the application process, including payment of fees set by the division, in
432
accordance with Section 63J-1-504, to recover the costs of administering the
433
licensing requirements relating to physical therapist assistants;
434
(b) submit proof of graduation from a physical therapist assistant education program that
435
is accredited by a recognized accreditation agency;
436
(c) pass a licensing examination approved by division rule made in collaboration with
- 13 - 1st Sub. (Green) S.B. 44 02-05 15:26
437
the board and in accordance with Title 63G, Chapter 3, Utah Administrative
438
Rulemaking Act:
439
(i) after the applicant complies with Subsection (2)(b); or
440
(ii) if the applicant is in the final term of a physical therapist assistant education
441
program that is accredited by a recognized accreditation agency;
442
(d) be able to read, write, speak, understand, and be understood in the English language
443
and demonstrate proficiency to the satisfaction of the board if requested by the board;
444
(e)(i) [submit to, and pass, a criminal background check, in accordance with Section
445
58-24b-302.1 and standards established by rule made in accordance with Title
446
63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and complete, a
447
criminal background check, described in Section 58-1-301.5;
448
(ii) meet any other standard related to the criminal background check described in
449
Subsection (2)(e)(i), that the division establishes by rule in accordance with Title
450
63G, Chapter 3, Utah Administrative Rulemaking Act; and
451
(iii) disclose any criminal history the division requests on a form the division
452
approves; and
453
(f) meet any other requirements established by the division, by rule made in accordance
454
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
455
(3) An applicant for a license as a physical therapist who is educated outside of the United
456
States shall:
457
(a) complete the application process, including payment of fees;
458
(b)(i) provide satisfactory evidence that the applicant graduated from a professional
459
physical therapist education program that is accredited by a recognized
460
accreditation agency; or
461
(ii)(A) provide satisfactory evidence that the applicant graduated from a physical
462
therapist education program that prepares the applicant to engage in the
463
practice of physical therapy, without restriction;
464
(B) provide satisfactory evidence that the education program described in
465
Subsection (3)(b)(ii)(A) is recognized by the government entity responsible for
466
recognizing a physical therapist education program in the country where the
467
program is located; and
468
(C) pass a credential evaluation to ensure that the applicant has satisfied uniform
469
educational requirements;
470
(c) after complying with Subsection (3)(b), pass a licensing examination;
- 14 - 02-05 15:26 1st Sub. (Green) S.B. 44
471
(d) be able to read, write, speak, understand, and be understood in the English language
472
and demonstrate proficiency to the satisfaction of the board if requested by the board;
473
(e)(i) [consent to a criminal background check in accordance with Section
474
58-24b-302.1 and any requirements established by rule made in accordance with
475
Title 63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and
476
complete, a criminal background check, described in Section 58-1-301.5;
477
(ii) meet any other standard related to the criminal background check described in
478
Subsection (3)(e)(i), that the division establishes by rule in accordance with Title
479
63G, Chapter 3, Utah Administrative Rulemaking Act; and
480
(iii) disclose any criminal history the division requests on a form the division
481
approves; and
482
(f) meet any other requirements established by the division, by rule made in accordance
483
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
484
(4) The division shall issue a license to [a person] an individual who holds a current
485
unrestricted license to practice physical therapy in a state, district, or territory of the
486
United States of America, other than Utah, if the [person] individual:
487
(a) completes the application process, including payment of fees;
488
(b) is able to read, write, speak, understand, and be understood in the English language
489
and demonstrate proficiency to the satisfaction of the board if requested by the board;
490
[(c) consents to a criminal background check in accordance with Section 58-24b-302.1
491
and any requirements established by rule made in accordance with Title 63G, Chapter
492
3, Utah Administrative Rulemaking Act; and]
493
(c)(i) consents to, and completes, a criminal background check, described in Section
494
58-1-301.5;
495
(ii) meets any other standard related to the criminal background check described in
496
Subsection (4)(c)(i), that the division establishes by rule in accordance with Title
497
63G, Chapter 3, Utah Administrative Rulemaking Act; and
498
(iii) discloses any criminal history the division requests on a form the division
499
approves; and
500
(d) meets any other requirements established by the division, by rule made in accordance
501
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
502
(5)(a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
503
internship in physical therapy, unless the [person] individual is:
504
(i) certified by the division; or
- 15 - 1st Sub. (Green) S.B. 44 02-05 15:26
505
(ii) exempt from licensure under Section 58-24b-304.
506
(b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
507
participating in the supervised clinical training program for the purpose of becoming
508
a physical therapist or a physical therapist assistant.
509
Section 9. Section 58-31b-302 is amended to read:
510
58-31b-302 . Qualifications for licensure or certification -- Criminal background
511
checks.
512
(1) An applicant for certification as a medication aide shall:
513
(a) submit an application to the division on a form [prescribed by ]the division approves;
514
(b) pay a fee to the division as determined under Section 63J-1-504;
515
(c) have a high school diploma or its equivalent;
516
(d) have a current certification as a nurse aide, in good standing, from the Department of
517
Health and Human Services;
518
(e) have a minimum of 2,000 hours of experience within the two years [prior to] before
519
application, working as a certified nurse aide in a long-term care facility or another
520
health care facility that is designated by the division in collaboration with the board;
521
(f) obtain letters of recommendation from a health care facility administrator and one
522
licensed nurse familiar with the applicant's work practices as a certified nurse aide;
523
(g) be in a condition of physical and mental health that will permit the applicant to
524
practice safely as a medication aide certified;
525
(h) have completed an approved education program or an equivalent as determined by
526
the division in collaboration with the board;
527
(i) have passed the examinations as required by division rule made in collaboration with
528
the board; and
529
(j) meet with the board, if requested, to determine the applicant's qualifications for
530
certification.
531
(2) An applicant for licensure as a licensed practical nurse shall:
532
(a) submit to the division an application in a form [prescribed by ]the division approves;
533
(b) pay to the division a fee determined under Section 63J-1-504;
534
(c) have a high school diploma or its equivalent;
535
(d) be in a condition of physical and mental health that will permit the applicant to
536
practice safely as a licensed practical nurse;
537
(e) have completed an approved practical nursing education program or an equivalent as
538
determined by the board;
- 16 - 02-05 15:26 1st Sub. (Green) S.B. 44
539
(f) have passed the examinations as required by division rule made in collaboration with
540
the board; and
541
(g) meet with the board, if requested, to determine the applicant's qualifications for
542
licensure.
543
(3) An applicant for a registered nurse apprentice license shall:
544
(a) submit to the division an application form [prescribed by ]the division approves;
545
(b) pay to the division a fee determined under Section 63J-1-504;
546
(c) have a high school diploma or its equivalent;
547
(d) be in a condition of physical and mental health that will allow the applicant to
548
practice safely as a registered nurse apprentice;
549
(e) as determined by an approved registered nursing education program, be:
550
(i) in good standing with the program; and
551
(ii) in the last semester, quarter, or competency experience;
552
(f) have written permission from the program in which the applicant is enrolled; and
553
(g) meet with the board, if requested, to determine the applicant's qualifications for
554
licensure.
555
(4) An applicant for licensure as a registered nurse shall:
556
(a) submit to the division an application form [prescribed by ]the division approves;
557
(b) pay to the division a fee determined under Section 63J-1-504;
558
(c) have a high school diploma or its equivalent;
559
(d) be in a condition of physical and mental health that will allow the applicant to
560
practice safely as a registered nurse;
561
(e) have completed an approved registered nursing education program;
562
(f) have passed the examinations as required by division rule made in collaboration with
563
the board; and
564
(g) meet with the board, if requested, to determine the applicant's qualifications for
565
licensure.
566
(5) [Applicants ] An applicant for licensure as an advanced practice registered nurse shall:
567
(a) submit to the division an application on a form [prescribed by ]the division approves;
568
(b) pay to the division a fee determined under Section 63J-1-504;
569
(c) be in a condition of physical and mental health [which will allow] that allows the
570
applicant to practice safely as an advanced practice registered nurse;
571
(d) hold a current registered nurse license in good standing issued by the state or be
572
qualified at the time for licensure as a registered nurse;
- 17 - 1st Sub. (Green) S.B. 44 02-05 15:26
573
(e)(i) have earned a graduate degree in:
574
(A) an advanced practice registered nurse nursing education program; or
575
(B) a related area of specialized knowledge as determined appropriate by the
576
division in collaboration with the board; or
577
(ii) have completed a nurse anesthesia program in accordance with Subsection
578
(5)(f)(ii);
579
(f) have completed:
580
(i) course work in patient assessment, diagnosis and treatment, and
581
pharmacotherapeutics from an education program approved by the division in
582
collaboration with the board; or
583
(ii) a nurse anesthesia program which is approved by the Council on Accreditation of
584
Nurse Anesthesia Educational Programs;
585
(g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
586
described in division rule, that the applicant, after completion of a doctorate or
587
master's degree required for licensure, is in the process of completing the applicant's
588
clinical practice requirements in psychiatric mental health nursing, including in
589
psychotherapy;
590
(h) have passed the examinations as required by division rule made in collaboration with
591
the board;
592
(i) be currently certified by a program approved by the division in collaboration with the
593
board and submit evidence satisfactory to the division of the certification; and
594
(j) meet with the board, if requested, to determine the applicant's qualifications for
595
licensure.
596
(6) [For each] Each applicant for licensure or certification under this chapter, except an
597
applicant under Subsection 58-31b-301(2)(b), shall:
598
[(a) the applicant shall:]
599
[(i) submit fingerprint cards in a form acceptable to the division at the time the
600
application is filed; and]
601
[(ii) consent to a fingerprint background check conducted by the Bureau of Criminal
602
Identification and the Federal Bureau of Investigation regarding the application;]
603
[(b) the division shall:]
604
[(i) in addition to other fees authorized by this chapter, collect from each applicant
605
submitting fingerprints in accordance with this section the fee that the Bureau of
606
Criminal Identification is authorized to collect for the services provided under
- 18 - 02-05 15:26 1st Sub. (Green) S.B. 44
607
Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for
608
fingerprint processing for the purpose of obtaining federal criminal history record
609
information;]
610
[(ii) submit from each applicant the fingerprint card and the fees described in this
611
Subsection (6)(b) to the Bureau of Criminal Identification; and]
612
[(iii) obtain and retain in division records a signed waiver approved by the Bureau of
613
Criminal Identification in accordance with Section 53-10-108 for each applicant;
614
and]
615
[(c) the Bureau of Criminal Identification shall, in accordance with the requirements of
616
Section 53-10-108:]
617
[(i) check the fingerprints submitted under Subsection (6)(b) against the applicable
618
state and regional criminal records databases;]
619
[(ii) forward the fingerprints to the Federal Bureau of Investigation for a national
620
criminal history background check; and]
621
[(iii) provide the results from the state, regional, and nationwide criminal history
622
background checks to the division.]
623
(a) consent to, and complete, a criminal background check, described in Section
624
58-1-301.5;
625
(b) meet any other standard related to the criminal background check described in
626
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
627
Chapter 3, Utah Administrative Rulemaking Act; and
628
(c) disclose any criminal history the division requests on a form the division approves.
629
[(7) For purposes of conducting the criminal background checks required in Subsection (6),
630
the division shall have direct access to criminal background information maintained
631
pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.]
632
[(8)(a)(i) Any new nurse license or certification issued under this section shall be
633
conditional, pending completion of the criminal background check.]
634
[(ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
635
criminal background check discloses the applicant has failed to accurately disclose
636
a criminal history, the license or certification shall be immediately and
637
automatically revoked upon notice to the licensee by the division.]
638
[(b)(i) An individual whose conditional license or certification has been revoked
639
under Subsection (8)(a) is entitled to a postrevocation hearing to challenge the
640
revocation.]
- 19 - 1st Sub. (Green) S.B. 44 02-05 15:26
641
[(ii) A postrevocation hearing shall be conducted in accordance with Title 63G,
642
Chapter 4, Administrative Procedures Act.]
643
[(9)] (7) If an individual has been charged with a violent felony, as defined in Subsection
644
76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of
645
guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance
646
pending the successful completion of probation, the division shall act upon the license as
647
required under Section 58-1-401.
648
[(10)] (8) If an individual has been charged with a felony other than a violent felony, as
649
defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been
650
convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo
651
contendere held in abeyance pending the successful completion of probation, the
652
division shall determine whether the felony disqualifies the individual for licensure
653
under this chapter and act upon the license, as required, in accordance with Section
654
58-1-401.
655
[(11) The division may not disseminate outside of the division any criminal history record
656
information that the division obtains from the Bureau of Criminal Identification or the
657
Federal Bureau of Investigation under the criminal background check requirements of
658
this section.]
659
Section 10. Section 58-42a-302 is amended to read:
660
58-42a-302 . Qualifications for licensure.
661
(1) An applicant for licensure as an occupational therapist shall:
662
(a) submit an application in a form [as prescribed by ]the division approves;
663
(b) pay a fee as determined by the department under Section 63J-1-504;
664
(c) graduate with a bachelor's or graduate degree for the practice of occupational therapy
665
from an education program accredited by the American Occupational Therapy
666
Association's Accreditation Council for Occupational Therapy Education, a
667
predecessor organization, or an equivalent organization as determined by division
668
rule;
669
(d) if applying for licensure on or after July 1, 2015, complete a minimum of 24 weeks
670
of supervised fieldwork experience;
671
(e) pass an examination approved by the division in consultation with the board and
672
administered by the National Board for Certification in Occupational Therapy, or by
673
another nationally recognized credentialing body as approved by division rule, to
674
demonstrate knowledge of the practice, skills, theory, and professional ethics related
- 20 - 02-05 15:26 1st Sub. (Green) S.B. 44
675
to occupational therapy; and
676
[(f) if the applicant is applying to participate in the Occupational Therapy Licensure
677
Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a
678
criminal background check in accordance with Section 58-42a-302.1 and any
679
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
680
Administrative Rulemaking Act.]
681
(f)(i) consent to, and complete, a criminal background check, described in Section
682
58-1-301.5;
683
(ii) meet any other standard related to the criminal background check described in
684
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title
685
63G, Chapter 3, Utah Administrative Rulemaking Act; and
686
(iii) disclose any criminal history the division requests on a form the division
687
approves.
688
(2) [All applicants ] An applicant for licensure as an occupational therapy assistant shall:
689
(a) submit an application in a form [as prescribed by ]the division approves;
690
(b) pay a fee as determined by the department under Section 63J-1-504;
691
(c) graduate from an educational program for the practice of occupational therapy as an
692
occupational therapy assistant that is accredited by the American Occupational
693
Therapy Association's Accreditation Council for Occupational Therapy Education, a
694
predecessor organization, or an equivalent organization as determined by division
695
rule;
696
(d) if applying for licensure on or after July 1, 2015, complete a minimum of 16 weeks
697
of supervised fieldwork experience;
698
(e) pass an examination approved by the division in consultation with the board and
699
administered by the National Board for Certification in Occupational Therapy, or by
700
another nationally recognized credentialing body as approved by division rule, to
701
demonstrate knowledge of the practice, skills, theory, and professional ethics related
702
to occupational therapy; and
703
[(f) if the applicant is applying to participate in the Occupational Therapy Licensure
704
Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a
705
criminal background check in accordance with Section 58-42a-302.1 and any
706
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
707
Administrative Rulemaking Act.]
708
(f)(i) consent to, and complete, a criminal background check, described in Section
- 21 - 1st Sub. (Green) S.B. 44 02-05 15:26
709
58-1-301.5;
710
(ii) meet any other standard related to the criminal background check described in
711
Subsection (2)(f)(i), that the division establishes by rule in accordance with Title
712
63G, Chapter 3, Utah Administrative Rulemaking Act; and
713
(iii) disclose any criminal history the division requests on a form the division
714
approves.
715
(3) Notwithstanding the other requirements of this section, the division may issue a license
716
as an occupational therapist or as an occupational therapy assistant to an applicant who:
717
(a) consents to a criminal background check in accordance with Section 58-42a-302 and
718
any requirements established by rule made in accordance with Title 63G, Chapter 3,
719
Utah Administrative Rulemaking Act; and
720
(b)(i) meets the requirements of receiving a license by endorsement under Section
721
58-1-302; or
722
(ii) has been licensed in a state, district, or territory of the United States, or in a
723
foreign country, where the education, experience, or examination requirements are
724
not substantially equal to the requirements of this state, if the applicant passes the
725
applicable examination described in Subsection (1)(e) or (2)(e).
726
Section 11. Section 58-44a-302 is amended to read:
727
58-44a-302 . Qualifications for licensure.
728
(1) An applicant for licensure as a nurse midwife shall:
729
(a) submit an application in a form [as prescribed by ]the division approves;
730
(b) pay a fee as determined by the department under Section 63J-1-504;
731
(c) at the time of application for licensure hold a license in good standing as a registered
732
nurse in Utah, or be at that time qualified for a license as a registered nurse under
733
Title 58, Chapter 31b, Nurse Practice Act;
734
(d) have completed:
735
(i) a certified nurse midwifery education program accredited by the Accreditation
736
Commission for Midwifery Education and approved by the division; or
737
(ii) a nurse midwifery education program located outside of the United States which
738
is approved by the division and is equivalent to a program accredited by the
739
Accreditation Commission for Midwifery Education, as demonstrated by a
740
graduate's being accepted to sit for the national certifying examination
741
administered by the Accreditation Commission for Midwifery Education or its
742
designee;
- 22 - 02-05 15:26 1st Sub. (Green) S.B. 44
743
(e) have passed examinations established by the division rule in collaboration with the
744
board within two years after completion of the approved education program required
745
under Subsection (1)(d); and
746
[(f) complete and pass a criminal background check in accordance with Section
747
58-44a-302.1.]
748
(f)(i) consent to, and complete, a criminal background check, described in Section
749
58-1-301.5;
750
(ii) meet any other standard related to the criminal background check described in
751
Subsection (1)(f)(i), that the division establishes by rule in accordance with Title
752
63G, Chapter 3, Utah Administrative Rulemaking Act; and
753
(iii) disclose any criminal history the division requests on a form the division
754
approves.
755
(2) For purposes of Subsection (1)(d), as of January 1, 2010, an applicant shall have
756
completed a graduate degree, including post-master's certificate, in nurse midwifery
757
from the accredited education program or the accredited education program's equivalent.[.]
758
Section 12. Section 58-47b-302 is amended to read:
759
58-47b-302 . License classifications -- Qualifications for licensure.
760
(1) The division shall issue licenses under this chapter in the classifications of:
761
(a) massage therapist;
762
(b) massage apprentice;
763
(c) massage assistant; and
764
(d) massage assistant in-training.
765
(2) An applicant for licensure as a massage therapist shall:
766
(a) submit an application in a form [prescribed by ]the division approves;
767
(b) pay a fee determined by the department under Section 63J-1-504;
768
(c) be 18 years old or older;
769
(d) have either:
770
(i)(A) graduated from a school of massage having a curriculum that meets
771
standards established by division rule made in collaboration with the board and
772
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
773
Act; or
774
(B) completed equivalent education and training in compliance with division rule
775
made in accordance with Title 63G, Chapter 3, Utah Administrative
776
Rulemaking Act; or
- 23 - 1st Sub. (Green) S.B. 44 02-05 15:26
777
(ii) completed a massage apprenticeship program consisting of a minimum of 1,000
778
hours of supervised training and in accordance with standards established by
779
division rule made in collaboration with the board and in accordance with Title
780
63G, Chapter 3, Utah Administrative Rulemaking Act; and
781
(e) pass:
782
(i) the Federation of State Massage Therapy Boards Massage and Bodywork
783
Licensing Examination; or
784
(ii) any other examination established by division rule made in collaboration with the
785
board and in accordance with Title 63G, Chapter 3, Utah Administrative
786
Rulemaking Act.
787
(3) An applicant for licensure as a massage apprentice shall:
788
(a) submit an application in a form [prescribed by ]the division approves;
789
(b) pay a fee determined by the department under Section 63J-1-504;
790
(c) be 18 years old or older;
791
(d) provide satisfactory evidence to the division that the applicant will practice as a
792
massage apprentice only under the direct supervision of a licensed massage therapist
793
in good standing who, for at least 6,000 hours, has engaged in the lawful practice of
794
massage therapy as a licensed massage therapist; and
795
(e) pass an examination as required by division rule made in accordance with Title 63G,
796
Chapter 3, Utah Administrative Rulemaking Act.
797
(4)(a) An applicant for licensure as a massage assistant shall:
798
(i) submit an application in a form [prescribed by ]the division approves;
799
(ii) pay a fee determined by the department in accordance with Section 63J-1-504;
800
(iii) be 18 years old or older;
801
(iv) subject to Subsection (4)(b), complete at least 300 hours of education and
802
training approved by division rule made accordance with Title 63G, Chapter 3,
803
Utah Administrative Rulemaking Act;
804
(v) provide satisfactory evidence to the division that the applicant will practice as a
805
massage assistant only under the indirect supervision of a massage therapy
806
supervisor; and
807
(vi) pass an examination as required by division rule made in accordance with Title
808
63G, Chapter 3, Utah Administrative Rulemaking Act.
809
(b) The 300-hour education and training requirement described in Subsection (4)(a) shall
810
include:
- 24 - 02-05 15:26 1st Sub. (Green) S.B. 44
811
(i) at least 150 hours of education and training while the applicant is:
812
(A) enrolled in massage school; or
813
(B) licensed as a massage assistant in-training and under the direct supervision of
814
a massage therapist in good standing who, for at least 6,000 hours, has engaged
815
in the lawful practice of massage therapy; and
816
(ii) at least 150 hours of education and training while the applicant is:
817
(A) enrolled in massage school; or
818
(B) licensed as a massage assistant in-training and under the indirect supervision
819
of a massage therapist in good standing who, for at least 6,000 hours, has
820
engaged in the lawful practice of massage therapy.
821
(5) An applicant for licensure as a massage assistant in-training shall:
822
(a) submit an application in a form [prescribed by ]the division approves;
823
(b) pay a fee determined by the department in accordance with Section 63J-1-504;
824
(c) be 18 years old or older; and
825
(d) provide satisfactory evidence to the division that the applicant will practice as a
826
massage assistant in-training under the supervision of a massage therapist for a
827
period of no more than six months for the purpose of satisfying the requirements
828
described in Subsections (4)(a)(iv) and (4)(b) for licensure as a massage assistant.
829
(6)(a) A massage therapist may supervise at one time up to six individuals licensed as a
830
massage apprentice or massage assistant in-training.
831
(b) A massage therapy supervisor may supervise at one time up to six individuals
832
licensed as a massage assistant.
833
(7) A new massage therapist, massage apprentice, massage assistant, or massage assistant
834
in-training applicant shall[ submit to and pass a criminal background check in
835
accordance with Section 58-47b-302.1 and any requirements established by division rule
836
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.] :
837
(a) consent to, and complete, a criminal background check, described in Section
838
58-1-301.5;
839
(b) meet any other standard related to the criminal background check described in
840
Subsection (7)(a), that the division establishes by rule in accordance with Title 63G,
841
Chapter 3, Utah Administrative Rulemaking Act; and
842
(c) disclose any criminal history the division requests on a form the division approves.
843
Section 13. Section 58-55-302 is amended to read:
844
58-55-302 . Qualifications for licensure.
- 25 - 1st Sub. (Green) S.B. 44 02-05 15:26
845
(1) Each applicant for a license under this chapter shall:
846
(a) submit an application [prescribed by ]the division approves;
847
(b) pay a fee as determined by the department under Section 63J-1-504;
848
(c) meet the examination requirements established by this section and by rule by the
849
commission with the concurrence of the director, which requirements include:
850
(i) for licensure as an apprentice electrician, apprentice plumber, or specialty
851
contractor, no division-administered examination is required;
852
(ii) for licensure as a general building contractor, general engineering contractor,
853
residential and small commercial contractor, general plumbing contractor,
854
residential plumbing contractor, general electrical contractor, or residential
855
electrical contractor, the only required division-administered examination is a
856
division-administered examination that covers information from the 25-hour
857
course described in Subsection (1)(e)(iii), which course may have been previously
858
completed as part of applying for any other license under this chapter, and, if the
859
25-hour course was completed on or after July 1, 2019, the five-hour business law
860
course described in Subsection (1)(e)(iv); and
861
(iii) if required [in] by Section 58-55-304 and the applicant is a business entity, that an
862
individual qualifier[ must] pass the required division-administered examination[ if
863
the applicant is a business entity];
864
(d) [if an] for licensure as an apprentice, identify the proposed supervisor of the
865
apprenticeship;
866
(e) [if an applicant for a contractor's license] for licensure as a contractor:
867
(i) produce satisfactory evidence of financial responsibility, except for a construction
868
trades instructor for whom evidence of financial responsibility is not required;
869
(ii) produce satisfactory evidence of:
870
(A) except as provided in Subsection (2)(a), and except that no employment
871
experience is required for licensure as a specialty contractor, two years
872
full-time paid employment experience in the construction industry, which
873
employment experience, unless more specifically described in this section, may
874
be related to any contracting classification and does not have to include
875
supervisory experience; and
876
(B) knowledge of the principles of the conduct of business as a contractor,
877
reasonably necessary for the protection of the public health, safety, and welfare;
878
(iii) except as otherwise provided by rule by the commission with the concurrence of
- 26 - 02-05 15:26 1st Sub. (Green) S.B. 44
879
the director, complete a 25-hour course [established by rule by] that the
880
commission with the concurrence of the director[, which] establishes by rule, that
881
is taught by an approved prelicensure course provider, and which [course ]may
882
include:
883
(A) construction business practices;
884
(B) bookkeeping fundamentals;
885
(C) mechanics lien fundamentals;
886
(D) other aspects of business and construction principles considered important by
887
the commission with the concurrence of the director; and
888
(E) for no additional fee, a provider-administered examination at the end of the
889
25-hour course;
890
(iv) if the applicant is applying for licensure as a general building contractor, general
891
engineering contractor, residential and small commercial contractor, general
892
plumbing contractor, residential plumbing contractor, general electrical contractor,
893
or residential electrical contractor, other than an applicant who completed the
894
25-hour course described in Subsection (1)(e)(iii) before July 1, 2019, complete a
895
five-hour business and law course[ ] :
896
(A) [established by rule by ] that the commission, with the concurrence of the
897
director, establishes by rule; and
898
(B) [ which] that is taught by an approved prelicensure course provider[, if an
899
applicant for licensure as a general building contractor, general engineering
900
contractor, residential and small commercial contractor, general plumbing
901
contractor, residential plumbing contractor, general electrical contractor, or
902
residential electrical contractor, except that if the 25-hour course described in
903
Subsection (1)(e)(iii) was completed before July 1, 2019, the applicant does not
904
need to take the business and law course];
905
(v)(A) for licensure as a residential electrical contractor, be a licensed master
906
electrician [if an applicant for an electrical contractor's license ]or a licensed
907
master residential electrician[ if an applicant for a residential electrical
908
contractor's license];
909
(B) for licensure as an electrical contractor, be a licensed master electrician;
910
[(B)] (C) for licensure as a residential plumbing contractor, be a licensed master
911
plumber [if an applicant for a plumbing contractor's license ]or a licensed
912
master residential plumber[ if an applicant for a residential plumbing
- 27 - 1st Sub. (Green) S.B. 44 02-05 15:26
913
contractor's license; or] ;
914
(D) for licensure as a plumbing contractor, be a licensed master plumber; or
915
[(C)] (E) for licensure as an elevator contractor, be a licensed elevator mechanic
916
and produce satisfactory evidence of three years experience as an elevator
917
mechanic[ if an applicant for an elevator contractor's license; and] ;
918
(vi) when the applicant is an unincorporated entity, provide a list of the one or more
919
individuals who hold an ownership interest in the applicant as of the day on which
920
the application is filed that includes for each individual:
921
(A) the individual's name, address, birth date, and social security number or other
922
satisfactory evidence of the applicant's identity permitted under rules made by
923
the division in accordance with Title 63G, Chapter 3, Utah Administrative
924
Rulemaking Act; and
925
(B) whether the individual will engage in a construction trade; and
926
(vii) the applicant or, if the applicant is a business entity as described in Section
927
58-55-304, an individual qualifier and each individual with at least a 10% voting
928
interest in the business entity shall:
929
(A) consent to, and complete, a criminal background check, described in Section
930
58-1-301.5;
931
(B) meet any other standard related to the criminal background check described in
932
Subsection (1)(e)(vii)(A), that the division establishes by rule in accordance
933
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
934
(C) disclose any criminal history the division requests on a form the division
935
approves; and
936
(f) [if an applicant ]for licensure as a construction trades instructor[ license], satisfy any
937
additional requirements [established by rule] the division establishes by rule.
938
(2)(a) If the applicant for a contractor's license described in Subsection (1) is a building
939
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
940
evidence of two years of full-time paid employment experience as a building
941
inspector, which shall include at least one year of full-time experience as a licensed
942
combination inspector.
943
(b) The applicant shall file the following with the division before the division issues the
944
license:
945
(i) proof of workers' compensation insurance [which] that covers employees of the
946
applicant in accordance with applicable Utah law;
- 28 - 02-05 15:26 1st Sub. (Green) S.B. 44
947
(ii) proof of public liability insurance in coverage amounts and form established by
948
rule except for a construction trades instructor for whom public liability insurance
949
is not required; and
950
(iii) proof of registration as required by applicable law with the:
951
(A) Department of Commerce;
952
(B) Division of Corporations and Commercial Code;
953
(C) Unemployment Insurance Division in the Department of Workforce Services,
954
for purposes of Title 35A, Chapter 4, Employment Security Act;
955
(D) State Tax Commission; and
956
(E) Internal Revenue Service.
957
(3) In addition to the general requirements for each applicant in Subsection (1), [applicants]
958
an applicant shall comply with the following requirements to be licensed in the
959
following classifications:
960
(a)(i) [A ] a master plumber shall produce satisfactory evidence that the applicant:
961
(A) has been a licensed journeyman plumber for at least two years and had two
962
years of supervisory experience as a licensed journeyman plumber in
963
accordance with division rule;
964
(B) has received at least an associate of applied science degree or similar degree
965
following the completion of a course of study approved by the division and had
966
one year of supervisory experience as a licensed journeyman plumber in
967
accordance with division rule; or
968
(C) meets the qualifications for expedited licensure as established by rules made
969
by the commission, with the concurrence of the director, in accordance with
970
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
971
demonstrate the applicant has the knowledge and skills to be a licensed master
972
plumber[.] ;
973
(ii) [An] an individual holding a valid Utah license as a journeyman plumber, based
974
on at least four years of practical experience as a licensed apprentice under the
975
supervision of a licensed journeyman plumber and four years as a licensed
976
journeyman plumber, in effect immediately [prior to] before May 5, 2008, is on
977
and after May 5, 2008, considered to hold a current master plumber license under
978
this chapter, and satisfies the requirements of this Subsection (3)(a) for the
979
purpose of renewal or reinstatement of that license under Section 58-55-303[.] ; and
980
(iii) [An] an individual holding a valid plumbing contractor's license or residential
- 29 - 1st Sub. (Green) S.B. 44 02-05 15:26
981
plumbing contractor's license, in effect immediately [prior to] before May 5, 2008,
982
is on or after May 5, 2008:
983
(A) considered to hold a current master plumber license under this chapter if
984
licensed as a plumbing contractor and a journeyman plumber, and satisfies the
985
requirements of this Subsection (3)(a) for purposes of renewal or reinstatement
986
of that license under Section 58-55-303; and
987
(B) considered to hold a current residential master plumber license under this
988
chapter if licensed as a residential plumbing contractor and a residential
989
journeyman plumber, and satisfies the requirements of this Subsection (3)(a)
990
for purposes of renewal or reinstatement of that license under Section
991
58-55-303[.] ;
992
(b) [A] a master residential plumber applicant shall produce satisfactory evidence that the
993
applicant:
994
(i) has been a licensed residential journeyman plumber for at least two years and had
995
two years of supervisory experience as a licensed residential journeyman plumber
996
in accordance with division rule; or
997
(ii) meets the qualifications for expedited licensure as established by rules made by
998
the commission, with the concurrence of the director, in accordance with Title
999
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1000
the applicant has the knowledge and skills to be a licensed master residential
1001
plumber[.] ;
1002
(c) [A] a journeyman plumber applicant shall produce satisfactory evidence of:
1003
(i) successful completion of the equivalent of at least four years of full-time training
1004
and instruction as a licensed apprentice plumber under supervision of a licensed
1005
master plumber or journeyman plumber and in accordance with a planned
1006
program of training approved by the division;
1007
(ii) at least eight years of full-time experience approved by the division in
1008
collaboration with the Electricians and Plumbers Licensing Board; or
1009
(iii) meeting the qualifications for expedited licensure as established by rules made
1010
by the commission, with the concurrence of the director, in accordance with Title
1011
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1012
the applicant has the knowledge and skills to be a licensed journeyman plumber[.] ;
1013
(d) [A] a residential journeyman plumber shall produce satisfactory evidence of:
1014
(i) completion of the equivalent of at least three years of full-time training and
- 30 - 02-05 15:26 1st Sub. (Green) S.B. 44
1015
instruction as a licensed apprentice plumber under the supervision of a licensed
1016
residential master plumber, licensed residential journeyman plumber, or licensed
1017
journeyman plumber in accordance with a planned program of training approved
1018
by the division;
1019
(ii) completion of at least six years of full-time experience in a maintenance or repair
1020
trade involving substantial plumbing work; or
1021
(iii) meeting the qualifications for expedited licensure as established by rules made
1022
by the commission, with the concurrence of the director, in accordance with Title
1023
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1024
the applicant has the knowledge and skills to be a licensed residential journeyman
1025
plumber[.] ;
1026
(e) [The] the conduct of a licensed apprentice [plumbers] plumber and [their] the licensed
1027
apprentice plumber's licensed [supervisors] supervisor shall be in accordance with the
1028
following:
1029
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
1030
under the immediate supervision of a licensed master plumber, licensed residential
1031
master plumber, licensed journeyman plumber, or licensed residential journeyman
1032
plumber;
1033
(ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
1034
apprentice plumber may work without supervision for a period not to exceed eight
1035
hours in any 24-hour period; and
1036
(iii) rules made by the commission, with the concurrence of the director, in
1037
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1038
regarding the ratio of apprentices allowed under the immediate supervision of a
1039
licensed supervisor, including the ratio of apprentices in their fourth year of
1040
training or later that are allowed to be under the immediate supervision of a
1041
licensed supervisor[.] ;
1042
(f) [A] a master electrician applicant shall produce satisfactory evidence that the
1043
applicant:
1044
(i) is a graduate electrical engineer of an accredited college or university approved by
1045
the division and has one year of practical electrical experience as a licensed
1046
apprentice electrician;
1047
(ii) is a graduate of an electrical trade school, having received an associate of applied
1048
sciences degree following successful completion of a course of study approved by
- 31 - 1st Sub. (Green) S.B. 44 02-05 15:26
1049
the division, and has two years of practical experience as a licensed journeyman
1050
electrician;
1051
(iii) has four years of practical experience as a journeyman electrician; or
1052
(iv) meets the qualifications for expedited licensure as established by rules made by
1053
the commission, with the concurrence of the director, in accordance with Title
1054
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1055
the applicant has the knowledge and skills to be a licensed master electrician[.] ;
1056
(g) [A] a master residential electrician applicant shall produce satisfactory evidence that
1057
the applicant:
1058
(i) has at least two years of practical experience as a residential journeyman
1059
electrician; or
1060
(ii) meets the qualifications for expedited licensure as established by rules made by
1061
the commission, with the concurrence of the director, in accordance with Title
1062
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1063
the applicant has the knowledge and skills to be a master residential electrician[.] ;
1064
(h) [A] a journeyman electrician applicant shall produce satisfactory evidence that the
1065
applicant:
1066
(i) has successfully completed at least four years of full-time training and instruction
1067
as a licensed apprentice electrician under the supervision of a master electrician or
1068
journeyman electrician and in accordance with a planned training program
1069
approved by the division;
1070
(ii) has at least eight years of full-time experience approved by the division in
1071
collaboration with the Electricians and Plumbers Licensing Board; or
1072
(iii) meets the qualifications for expedited licensure as established by rules made by
1073
the commission, with the concurrence of the director, in accordance with Title
1074
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1075
the applicant has the knowledge and skills to be a licensed journeyman electrician[.] ;
1076
(i) [A] a residential journeyman electrician applicant shall produce satisfactory evidence
1077
that the applicant:
1078
(i) has successfully completed two years of training in an electrical training program
1079
approved by the division;
1080
(ii) has four years of practical experience in wiring, installing, and repairing electrical
1081
apparatus and equipment for light, heat, and power under the supervision of a
1082
licensed master, journeyman, residential master, or residential journeyman
- 32 - 02-05 15:26 1st Sub. (Green) S.B. 44
1083
electrician; or
1084
(iii) meets the qualifications for expedited licensure as established by rules made by
1085
the commission, with the concurrence of the director, in accordance with Title
1086
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1087
the applicant has the knowledge and skills to be a licensed residential journeyman
1088
electrician[.] ;
1089
(j) [The] the conduct of a licensed apprentice [electricians] electrician and [their] the
1090
licensed apprentice electrician's licensed [supervisors] supervisor shall be in
1091
accordance with the following:
1092
(i) a licensed apprentice electrician shall be under the immediate supervision of a
1093
licensed master, journeyman, residential master, or residential journeyman
1094
electrician;
1095
(ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
1096
apprentice electrician may work without supervision for a period not to exceed
1097
eight hours in any 24-hour period;
1098
(iii) rules made by the commission, with the concurrence of the director, in
1099
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1100
regarding the ratio of apprentices allowed under the immediate supervision of a
1101
licensed supervisor, including the ratio of apprentices in their fourth year of
1102
training or later that are allowed to be under the immediate supervision of a
1103
licensed supervisor; and
1104
(iv) a licensed supervisor may have up to three licensed apprentice electricians on a
1105
residential project, or more if established by rules made by the commission, in
1106
concurrence with the director, in accordance with Title 63G, Chapter 3, Utah
1107
Administrative Rulemaking Act[.] ;
1108
(k) [An] an alarm company applicant shall:
1109
(i) have a qualifying agent who:
1110
(A) is an alarm company officer, alarm company owner, alarm company
1111
proprietor, an alarm company trustee, or other responsible management
1112
personnel;
1113
(B) demonstrates 6,000 hours of experience in the alarm company business;
1114
(C) demonstrates 2,000 hours of experience as a manager or administrator in the
1115
alarm company business or in a construction business; and
1116
(D) passes an examination component[ established by rule by] the commission,
- 33 - 1st Sub. (Green) S.B. 44 02-05 15:26
1117
with the concurrence of the director, establishes by rule;
1118
(ii) [provide the name, address, date of birth, social security number, fingerprint card,
1119
and consent to a background check in accordance with Section 58-55-302.1 and
1120
requirements established by division rule made in accordance with Title 63G,
1121
Chapter 3, Utah Administrative Rulemaking Act, for] require that each alarm
1122
company officer, alarm company owner, alarm company proprietor, alarm
1123
company trustee, and responsible management personnel with direct responsibility
1124
for managing operations of the applicant within the state[;] :
1125
(A) provide the applicant's name, address, date of birth, social security number,
1126
and fingerprints to the division;
1127
(B) consent to, and complete, a criminal background check, described in Section
1128
58-1-301.5;
1129
(C) meet any other standard related to the criminal background check described in
1130
Subsection (2)(k)(ii)(B), that the division establishes by rule in accordance
1131
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1132
(D) disclose any criminal history the division requests on a form the division
1133
approves;
1134
(iii) document that none of the [persons] individuals described in Subsection (3)(k)(ii):
1135
(A) have been declared by any court of competent jurisdiction incompetent by
1136
reason of mental defect or disease and not been restored; or
1137
(B) are currently suffering from habitual drunkenness or from drug addiction or
1138
dependence;
1139
(iv) file and maintain with the division evidence of:
1140
(A) comprehensive general liability insurance in form and in amounts [to be ]
1141
established by rule by the commission with the concurrence of the director;
1142
(B) workers' compensation insurance that covers employees of the applicant in
1143
accordance with applicable Utah law; and
1144
(C) registration as is required by applicable law with the:
1145
(I) Division of Corporations and Commercial Code;
1146
(II) Unemployment Insurance Division in the Department of Workforce
1147
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
1148
(III) State Tax Commission; and
1149
(IV) Internal Revenue Service; and
1150
(v) meet with the division and board[.] ;
- 34 - 02-05 15:26 1st Sub. (Green) S.B. 44
1151
(l) [Each] an applicant for licensure as an alarm company agent shall:
1152
(i) submit an application in a form [prescribed by ]the division approves
1153
accompanied by fingerprint cards;
1154
(ii) pay a fee determined by the department under Section 63J-1-504;
1155
[(iii) submit to and pass a criminal background check in accordance with Section
1156
58-55-302.1 and requirements established by division rule made in accordance
1157
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;]
1158
(iii) consent to, and complete, a criminal background check, described in Section
1159
58-1-301.5;
1160
(A) meet any other standard related to the criminal background check described in
1161
this Subsection (3)(l)(iii), that the division establishes by rule in accordance
1162
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1163
(B) disclose any criminal history the division requests on a form the division
1164
approves;
1165
(iv) not have been declared by any court of competent jurisdiction incompetent by
1166
reason of mental defect or disease and not been restored;
1167
(v) not be currently suffering from habitual drunkenness or from drug addiction or
1168
dependence; and
1169
(vi) meet with the division and board if requested by the division or the board[.] ; and
1170
(m)[(i) Each applicant for licensure as an elevator mechanic shall:]
1171
(i) an applicant for licensure as an elevator mechanic shall:
1172
(A) provide documentation of experience and education credits of not less than
1173
three years work experience in the elevator industry, in construction,
1174
maintenance, or service and repair;[ and]
1175
(B) satisfactorily complete a written examination administered by the division
1176
established by rule under Section 58-1-203; or
1177
(C) provide certificates of completion of an apprenticeship program for elevator
1178
mechanics, having standards substantially equal to those of this chapter and
1179
registered with the United States Department of Labor Bureau Apprenticeship
1180
and Training or a state apprenticeship council[.] ; and
1181
(ii)[(A) If an elevator contractor licensed under this chapter cannot find a licensed
1182
elevator mechanic to perform the work of erecting, constructing, installing,
1183
altering, servicing, repairing, or maintaining an elevator, the contractor may:]
1184
(A) if an elevator contractor licensed under this chapter cannot find a licensed
- 35 - 1st Sub. (Green) S.B. 44 02-05 15:26
1185
elevator mechanic to perform the work of erecting, constructing, installing,
1186
altering, servicing, repairing, or maintaining an elevator, the contractor may
1187
[(I)] notify the division of the unavailability of licensed personnel[;] and
1188
[(II)] request the division issue a temporary elevator mechanic license to an
1189
individual certified by the contractor as having an acceptable combination
1190
of documented experience and education to perform the work described in
1191
this Subsection (3)(m)(ii)(A)[.] ; and
1192
(B)[(I) The] if an elevator contractor requests that the division issue a
1193
temporary elevator license as described in Subsection (3)(m)(ii)(A), the
1194
division may issue a temporary elevator mechanic license to an individual
1195
certified under Subsection [(3)(m)(ii)(A)(II)] (3)(m)(ii)(A) upon application
1196
by the individual, accompanied by the appropriate fee as determined by the
1197
department under Section 63J-1-504[.] and
1198
[(II) The division ] shall specify the time period for which the license is valid
1199
and may renew the license for an additional time period upon [its] the
1200
division's determination that a shortage of licensed elevator mechanics
1201
continues to exist.
1202
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1203
division may make rules establishing when Federal Bureau of Investigation records shall
1204
be checked for applicants as an alarm company or alarm company agent under this
1205
section and Section [58-55-302.1] 58-1-301.5.
1206
(5)(a) [An ] The division shall deny an application for licensure under this chapter[ shall
1207
be denied] if:
1208
(i) the applicant has had a previous license, which was issued under this chapter,
1209
suspended or revoked within two years before the date of the applicant's
1210
application;
1211
(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
1212
(B) any corporate officer, director, shareholder holding 25% or more of the stock
1213
in the applicant, partner, member, agent acting as a qualifier, or any person
1214
occupying a similar status, performing similar functions, or directly or
1215
indirectly controlling the applicant has served in any similar capacity with any
1216
person or entity [which] that has had a previous license, which was issued under
1217
this chapter, suspended or revoked within two years before the date of the
1218
applicant's application;
- 36 - 02-05 15:26 1st Sub. (Green) S.B. 44
1219
(iii)(A) the applicant is an individual or sole proprietorship; and
1220
(B) any owner or agent acting as a qualifier has served in any capacity listed in
1221
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
1222
was issued under this chapter, suspended or revoked within two years before
1223
the date of the applicant's application; or
1224
(iv)(A) the applicant includes an individual who was an owner, director, or officer
1225
of an unincorporated entity at the time the entity's license under this chapter
1226
was revoked; and
1227
(B) the application for licensure is filed within 60 months after the revocation of
1228
the unincorporated entity's license.
1229
(b) [An ] The appropriate licensing board shall review an application for licensure under
1230
this chapter [shall be reviewed by the appropriate licensing board prior to] before
1231
approval if:
1232
(i) the applicant has had a previous license, which was issued under this chapter,
1233
suspended or revoked more than two years before the date of the applicant's
1234
application;
1235
(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
1236
(B) any corporate officer, director, shareholder holding 25% or more of the stock
1237
in the applicant, partner, member, agent acting as a qualifier, or any person
1238
occupying a similar status, performing similar functions, or directly or
1239
indirectly controlling the applicant has served in any similar capacity with any
1240
person or entity [which] that has had a previous license, which was issued under
1241
this chapter, suspended or revoked more than two years before the date of the
1242
applicant's application; or
1243
(iii)(A) the applicant is an individual or sole proprietorship; and
1244
(B) any owner or agent acting as a qualifier has served in any capacity listed in
1245
Subsection (5)(a)(ii)(B) in any entity [which] that has had a previous license,
1246
which was issued under this chapter, suspended or revoked more than two
1247
years before the date of the applicant's application.
1248
(6)(a)(i) A licensee that is an unincorporated entity shall file an ownership status
1249
report with the division every 30 days after the day on which the license is issued
1250
if the licensee has more than five owners who are individuals who:
1251
(A) own an interest in the contractor that is an unincorporated entity;
1252
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made
- 37 - 1st Sub. (Green) S.B. 44 02-05 15:26
1253
by the division in accordance with Title 63G, Chapter 3, Utah Administrative
1254
Rulemaking Act, in the unincorporated entity; and
1255
(C) engage, or will engage, in a construction trade in the state as owners of the
1256
contractor described in Subsection (6)(a)(i)(A).
1257
(ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the
1258
licensee shall provide the ownership status report with an application for renewal
1259
of licensure.
1260
(b) An ownership status report required under this Subsection (6) shall:
1261
(i) specify each addition or deletion of an owner:
1262
(A) for the first ownership status report, after the day on which the unincorporated
1263
entity is licensed under this chapter; and
1264
(B) for a subsequent ownership status report, after the day on which the previous
1265
ownership status report is filed;
1266
(ii) be in a format [prescribed by ]the division approves and that includes for each
1267
owner, regardless of the owner's percentage ownership in the unincorporated
1268
entity, the information described in Subsection (1)(e)(vi);
1269
(iii) list the name of:
1270
(A) each officer or manager of the unincorporated entity; and
1271
(B) each other individual involved in the operation, supervision, or management
1272
of the unincorporated entity; and
1273
(iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
1274
if the ownership status report indicates there is a change described in Subsection
1275
(6)(b)(i).
1276
(c) The division may audit, at any time,[ audit] an ownership status report under this
1277
Subsection (6):
1278
(i) to determine if financial responsibility has been demonstrated or maintained as
1279
required under Section 58-55-306; and
1280
(ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
1281
Subsection 58-55-502(8) or (9).
1282
(7)(a) An unincorporated entity that provides labor to an entity licensed under this
1283
chapter by providing an individual who owns an interest in the unincorporated entity
1284
to engage in a construction trade in Utah shall file with the division:
1285
(i) before the individual who owns an interest in the unincorporated entity engages in
1286
a construction trade in Utah, a current list of the one or more individuals who hold
- 38 - 02-05 15:26 1st Sub. (Green) S.B. 44
1287
an ownership interest in the unincorporated entity that includes for each individual:
1288
(A) the individual's name, address, birth date, and social security number; and
1289
(B) whether the individual will engage in a construction trade; and
1290
(ii) every 30 days after the day on which the unincorporated entity provides the list
1291
described in Subsection (7)(a)(i), an ownership status report containing the
1292
information that would be required under Subsection (6) if the unincorporated
1293
entity were a licensed contractor.
1294
(b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership
1295
status report described in Subsection [(7)(a)(i)] (7)(a)(ii) an unincorporated entity
1296
shall pay a fee set by the division in accordance with Section 63J-1-504.
1297
(8) This chapter may not be interpreted to create or support an express or implied
1298
independent contractor relationship between an unincorporated entity described in
1299
Subsection (6) or (7) and the owners of the unincorporated entity for any purpose,
1300
including income tax withholding.
1301
(9)(a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a
1302
private record under Subsection 63G-2-302(1)(i).
1303
(b) The division may designate an applicant's evidence of identity under Subsection
1304
(1)(e)(vi) as a private record in accordance with Section 63G-2-302.
1305
Section 14. Section 58-60-205 is amended to read:
1306
58-60-205 . Qualifications for licensure or certification as a clinical social worker,
1307
certified social worker, and social service worker.
1308
(1) An applicant for licensure as a clinical social worker shall:
1309
(a) submit an application on a form [provided by ]the division approves;
1310
(b) pay a fee determined by the department under Section 63J-1-504;
1311
(c) produce certified transcripts from an accredited institution of higher education
1312
recognized by the division in collaboration with the board verifying satisfactory
1313
completion of an education and an earned degree as follows:
1314
(i) a master's degree in a social work program accredited by the Council on Social
1315
Work Education or by the Canadian Association of Schools of Social Work; or
1316
(ii) a doctoral degree that contains a clinical social work concentration and practicum
1317
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1318
Administrative Rulemaking Act, that is consistent with Section 58-1-203;
1319
(d) if required under federal law for any licensee as a clinical social worker to qualify as
1320
an eligible professional under CMS rules for Medicare payment, document
- 39 - 1st Sub. (Green) S.B. 44 02-05 15:26
1321
completion of:
1322
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1323
under Subsection (1)(e); or
1324
(ii) not less than two years of clinical supervision;
1325
(e) document successful completion of not less than 1,200 direct client care hours:
1326
(i) obtained after completion of the education requirements under Subsection (1)(c);
1327
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1328
supervision hours under the supervision of a clinical supervisor;
1329
(iii) not less than 25 of which are direct observation hours; and
1330
(iv) not more than 25 of which are group supervision hours accrued concurrently with
1331
more than one other applicant for licensure;
1332
(f) document successful completion of not less than two hours of training in suicide
1333
prevention, obtained after completion of the education requirements under
1334
Subsection (1)(c) via a course that the division designates as approved;
1335
(g) have completed a case work, group work, or family treatment course sequence with a
1336
clinical practicum in content as defined by rule under Section 58-1-203;
1337
(h)(i) pass the examination requirement established by rule under Section 58-1-203;
1338
or
1339
(ii) satisfy the following requirements:
1340
(A) document at least one examination attempt that did not result in a passing
1341
score;
1342
(B) document successful completion of not less than 500 additional direct client
1343
care hours, at least 25 of which are direct clinical supervision hours, and at
1344
least five of which are direct observation hours;
1345
(C) submit to the division a recommendation letter from the applicant's direct
1346
clinical supervisor; and
1347
(D) submit to the division a recommendation letter from another licensed mental
1348
health therapist who has directly observed the applicant's direct client care
1349
hours and who is not the applicant's direct clinical supervisor; and
1350
(i)(i) [consent to a criminal background check in accordance with Section 58-60-103.1
1351
and any requirements established by division rule made in accordance with Title
1352
63G, Chapter 3, Utah Administrative Rulemaking Act] consent to, and complete, a
1353
criminal background check, described in Section 58-1-301.5;
1354
(ii) meet any other standard related to the criminal background check described in
- 40 - 02-05 15:26 1st Sub. (Green) S.B. 44
1355
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
1356
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1357
(iii) disclose any criminal history the division requests on a form the division
1358
approves.
1359
(2) An applicant for licensure as a certified social worker shall:
1360
(a) submit an application on a form [provided by ]the division approves;
1361
(b) pay a fee determined by the department under Section 63J-1-504;
1362
(c) produce certified transcripts from an accredited institution of higher education
1363
recognized by the division in collaboration with the board verifying satisfactory
1364
completion of an education and an earned degree as follows:
1365
(i) a master's degree in a social work program accredited by the Council on Social
1366
Work Education or by the Canadian Association of Schools of Social Work; or
1367
(ii) a doctoral degree that contains a clinical social work concentration and practicum
1368
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1369
Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
1370
[(d) consent to a criminal background check in accordance with Section 58-60-103.1 and
1371
any requirements established by division rule made in accordance with Title 63G,
1372
Chapter 3, Utah Administrative Rulemaking Act.]
1373
(d)(i) consent to, and complete, a criminal background check, described in Section
1374
58-1-301.5;
1375
(ii) meet any other standard related to the criminal background check described in
1376
Subsection (2)(d)(i), that the division establishes by rule in accordance with Title
1377
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1378
(iii) disclose any criminal history the division requests on a form the division
1379
approves.
1380
(3) An applicant for licensure as a social service worker shall:
1381
(a) submit an application on a form[ provided by] the division approves;
1382
(b) pay a fee determined by the department under Section 63J-1-504; and
1383
(c) produce certified transcripts from an accredited institution of higher education
1384
recognized by the division in collaboration with the board verifying satisfactory
1385
completion of an education and an earned degree as follows:
1386
(i) a bachelor's degree in a social work program accredited by the Council on Social
1387
Work Education or by the Canadian Association of Schools of Social Work;
1388
(ii) a master's degree in a field approved by the division in collaboration with the
- 41 - 1st Sub. (Green) S.B. 44 02-05 15:26
1389
board;
1390
(iii) a bachelor's degree in any field if the applicant:
1391
(A) has completed at least three semester hours, or the equivalent, in each of the
1392
following areas:
1393
(I) social welfare policy;
1394
(II) human growth and development; and
1395
(III) social work practice methods, as defined by rule; and
1396
(B) provides documentation that the applicant has completed at least 2,000 hours
1397
of qualifying experience under the supervision of a mental health therapist,
1398
which experience is approved by the division in collaboration with the board,
1399
and which is performed after completion of the requirements to obtain the
1400
bachelor's degree required under this Subsection (3); or
1401
(iv) successful completion of the first academic year of a Council on Social Work
1402
Education approved master's of social work curriculum and practicum.
1403
(4) The division shall ensure that the rules for an examination described under Subsection
1404
(1)(h)(i) allow additional time to complete the examination if requested by an applicant
1405
who is:
1406
(a) a foreign born legal resident of the United States for whom English is a second
1407
language; or
1408
(b) an enrolled member of a federally recognized Native American tribe.
1409
Section 15. Section 58-60-305 is amended to read:
1410
58-60-305 . Qualifications for licensure.
1411
(1) [All applicants ] An applicant for licensure as a marriage and family [therapists] therapist
1412
shall:
1413
(a) submit an application on a form [provided by ]the division approves;
1414
(b) pay a fee determined by the department under Section 63J-1-504;
1415
(c) produce certified transcripts evidencing completion of a [masters] master's or
1416
doctorate degree in marriage and family therapy from:
1417
(i) a program accredited by the Commission on Accreditation for Marriage and
1418
Family Therapy Education; or
1419
(ii) an accredited institution meeting criteria for approval established by rule under
1420
Section 58-1-203;
1421
(d) if required under federal law for any licensee as a marriage and family therapist to
1422
qualify as an eligible professional under CMS rules for Medicare payment, document
- 42 - 02-05 15:26 1st Sub. (Green) S.B. 44
1423
completion of:
1424
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1425
under Subsection [(2)(e)] (1)(e); or
1426
(ii) not less than two years of clinical supervision;
1427
(e) document successful completion of not less than 1,200 direct client care hours:
1428
(i) obtained after completion of the education requirements under Subsection (1)(c);
1429
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1430
supervision hours under the supervision of a clinical supervisor obtained after
1431
completion of the education requirements under Subsection (1)(c);
1432
(iii) not less than 25 of which are direct observation hours; and
1433
(iv) not more than 25 of which are group supervision hours concurrently with more
1434
than one other applicant for licensure;
1435
(f) document successful completion of not less than two hours of training in suicide
1436
prevention obtained after completion of the education requirements under Subsection
1437
(1)(c) via a course that the division designates as approved;
1438
(g)(i) pass the examination requirement [established by] the division establishes by
1439
rule under Section 58-1-203; or
1440
(ii) satisfy the following requirements:
1441
(A) document at least one examination attempt that did not result in a passing
1442
score;
1443
(B) document successful completion of not less than 500 additional direct client
1444
care hours, not less than 25 of which are direct clinical supervision hours, and
1445
not less than five of which are direct observation hours by a mental health
1446
therapist or supervisor;
1447
(C) submit to the division a recommendation letter from the applicant's direct
1448
clinical supervisor; and
1449
(D) submit to the division a recommendation letter from another licensed mental
1450
health therapist who has directly observed the applicant's direct client care
1451
hours and who is not the applicant's direct clinical supervisor; and
1452
[(h) consent to a criminal background check in accordance with Section 58-60-103.1 and
1453
any requirements established by division rule made in accordance with Title 63G,
1454
Chapter 3, Utah Administrative Rulemaking Act.]
1455
(h)(i) consent to, and complete, a criminal background check, described in Section
1456
58-1-301.5;
- 43 - 1st Sub. (Green) S.B. 44 02-05 15:26
1457
(ii) meet any other standard related to the criminal background check described in
1458
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
1459
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1460
(iii) disclose any criminal history the division requests on a form the division
1461
approves.
1462
(2) [All applicants ] An applicant for licensure as an associate marriage and family therapist
1463
shall comply with the provisions of Subsections (1)(a) through (c) and (h).
1464
Section 16. Section 58-60-405 is amended to read:
1465
58-60-405 . Qualifications for licensure.
1466
(1) An applicant for licensure as a clinical mental health counselor shall:
1467
(a) submit an application on a form [provided by ]the division approves;
1468
(b) pay a fee determined by the department under Section 63J-1-504;
1469
(c) produce certified transcripts evidencing completion of:
1470
(i) a master's or doctorate degree conferred to the applicant in:
1471
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
1472
education and supervision from a program accredited by the Council for
1473
Accreditation of Counseling and Related Educational Programs; or
1474
(B) clinical mental health counseling or an equivalent field from a program
1475
affiliated with an institution that has accreditation that is recognized by the
1476
Council for Higher Education Accreditation; and
1477
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related
1478
to an educational program described in Subsection (1)(c)(i);
1479
(d) if required under federal law for any licensee as a clinical mental health counselor to
1480
qualify as an eligible professional under CMS rules for Medicare payment, document
1481
completion of:
1482
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1483
under Subsection (1)(e); or
1484
(ii) not less than two years of clinical supervision;
1485
(e) document successful completion of not less than 1,200 direct client care hours:
1486
(i) obtained after completion of the education requirements under Subsection (1)(c);
1487
(ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1488
supervision hours under the supervision of a clinical supervisor;
1489
(iii) not less than 25 of which are direct observation hours; and
1490
(iv) not more than 25 of which are group supervision hours concurrently with more
- 44 - 02-05 15:26 1st Sub. (Green) S.B. 44
1491
than one other applicant for licensure;
1492
(f) document successful completion of not less than two hours of training in suicide
1493
prevention obtained after completion of the education requirements under Subsection
1494
(1)(c) via a course that the division designates as approved;
1495
(g)(i) pass the examination requirement [established by ] the division establishes by
1496
rule under Section 58-1-203; or
1497
(ii) satisfy the following requirements:
1498
(A) document at least one examination attempt that did not result in a passing
1499
score;
1500
(B) document successful completion of not less than 500 additional direct client
1501
care hours, not less than 25 of which are direct clinical supervision hours, and
1502
not less than five of which are direct observation hours by a clinical supervisor;
1503
(C) submit to the division a recommendation letter from the applicant's direct
1504
clinical supervisor; and
1505
(D) submit to the division a recommendation letter from another licensed mental
1506
health therapist who has directly observed the applicant's direct client care
1507
hours and who is not the applicant's direct clinical supervisor; and
1508
[(h) consent to a criminal background check in accordance with Section 58-60-103.1 and
1509
any requirements established by division rule made in accordance with Title 63G,
1510
Chapter 3, Utah Administrative Rulemaking Act.]
1511
(h)(i) consent to, and complete, a criminal background check, described in Section
1512
58-1-301.5;
1513
(ii) meet any other standard related to the criminal background check described in
1514
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
1515
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1516
(iii) disclose any criminal history the division requests on a form the division
1517
approves.
1518
(2) An applicant for licensure as an associate clinical mental health counselor shall comply
1519
with the provisions of Subsections (1)(a) through (c) and (h).
1520
(3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
1521
described in Subsection (1)(c) if the applicant submits documentation verifying:
1522
(a) satisfactory completion of a doctoral or master's degree from an educational program
1523
in rehabilitation counseling accredited by the Council for Accreditation of
1524
Counseling and Related Educational Programs;
- 45 - 1st Sub. (Green) S.B. 44 02-05 15:26
1525
(b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit hours
1526
of coursework related to an educational program described in Subsection (1)(c)(i);
1527
and
1528
(c) that the applicant received a passing score that is valid and in good standing on:
1529
(i) the National Counselor Examination; and
1530
(ii) the National Clinical Mental Health Counseling Examination.
1531
Section 17. Section 58-60-506 is amended to read:
1532
58-60-506 . Qualifications for licensure.
1533
(1) Subject to Subsection (2), an applicant for licensure as master addiction counselor based
1534
on education, training, and experience shall:
1535
(a) submit an application on a form [provided by ]the division approves;
1536
(b) pay a fee determined by the department under Section 63J-1-504;
1537
(c) document successful completion of not less than two hours of training in suicide
1538
prevention obtained after completion of the education requirements under Subsection
1539
(1)(d) via a course that the division designates as approved;
1540
(d) produce a certified transcript from an accredited institution of higher education that
1541
meets standards established by division rule under Section 58-1-203, verifying the
1542
satisfactory completion of:
1543
(i) a doctoral or master's degree in:
1544
(A) substance use disorders or addiction counseling and treatment; or
1545
(B) a counseling subject approved by the division in collaboration with the board,
1546
which may include social work, mental health counseling, marriage and family
1547
therapy, psychology, or medicine;
1548
(ii) an associate's degree or higher, or 18 credit hours, in substance use disorder or
1549
addiction counseling and treatment from a regionally accredited institution of
1550
higher education;
1551
(e) if required under federal law for any licensee as a master addiction counselor to
1552
qualify as an eligible professional under CMS rules for Medicare payment, document
1553
completion of:
1554
(i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1555
under Subsection (1)(g); or
1556
(ii) not less than two years of clinical supervision;
1557
(f) document successful completion of not less than 1,200 direct client care hours:
1558
(i) obtained after completion of the education requirements under Subsection
- 46 - 02-05 15:26 1st Sub. (Green) S.B. 44
1559
(1)(d)(ii);
1560
(ii) subject to Subsection (1)(f)(iii), not less than 100 of which are direct clinical
1561
supervision hours under the supervision of a clinical supervisor;
1562
(iii) not less than 25 of which are direct observation hours; and
1563
(iv) not more than 25 of which are group supervision hours concurrently with more
1564
than one other applicant for licensure;
1565
(g) if the applicant for licensure produces a transcript described in Subsection (1)(d)(ii),
1566
evidence completion of an additional 200 hours of direct client care hours in
1567
substance use disorder or addiction treatment;
1568
(h)(i) pass the examination requirement [established by ] the division establishes by
1569
rule under Section 58-1-203; or
1570
(ii) satisfy the following requirements:
1571
(A) document at least one examination attempt that did not result in a passing
1572
score;
1573
(B) document successful completion of not less than 500 additional direct client
1574
care hours, not less than 25 of which are direct clinical supervision hours, and
1575
not less than five of which are direct observation hours by a clinical supervisor;
1576
(C) submit to the division a recommendation letter from the applicant's direct
1577
clinical supervisor; and
1578
(D) submit to the division a recommendation letter from another licensed mental
1579
health therapist who has directly observed the applicant's direct client care
1580
hours and who is not the applicant's direct clinical supervisor; and
1581
[(i) consent to a criminal background check in accordance with Section 58-60-103.1 and
1582
any requirements established by division rule made in accordance with Title 63G,
1583
Chapter 3, Utah Administrative Rulemaking Act.]
1584
(i)(i) consent to, and complete, a criminal background check, described in Section
1585
58-1-301.5;
1586
(ii) meet any other standard related to the criminal background check described in
1587
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
1588
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1589
(iii) disclose any criminal history the division requests on a form the division
1590
approves.
1591
(2) In lieu of the requirements under Subsections (1)(d) through (i), an applicant for
1592
licensure as master addiction counselor may document current certification in good
- 47 - 1st Sub. (Green) S.B. 44 02-05 15:26
1593
standing as:
1594
(a) a master addiction counselor by the National Certification Commission for Addiction
1595
Professionals;
1596
(b) a master addiction counselor by the National Board for Certified Counselors; or
1597
(c) an equivalent certification as under Subsections (2)(a) and (b), as determined in rule
1598
made by the division in collaboration with the board.
1599
(3) An applicant for licensure as an associate master addiction counselor shall satisfy the
1600
requirements under Subsections (1)(a) through (c) and (i).
1601
(4) Subject to Subsection (5), an applicant for licensure as an advanced substance use
1602
disorder counselor shall:
1603
(a) submit an application on a form [provided by ]the division approves;
1604
(b) pay a fee determined by the department under Section 63J-1-504; and
1605
(c)(i) produce certified transcripts verifying satisfactory completion of:
1606
(A) a bachelor's degree or higher, from a regionally accredited institution of
1607
higher learning, in substance use disorders, addiction, or related counseling
1608
subjects, including social work, mental health counseling, marriage and family
1609
counseling, or psychology; or
1610
(B) two academic years of study in a master's of addiction counseling curriculum
1611
and practicum approved by the National Addictions Studies Accreditation
1612
Commission;
1613
(ii) document completion of at least 500 hours of supervised experience while
1614
licensed as a substance use disorder counselor under this section, which the
1615
applicant may complete while completing the education requirements under
1616
Subsection (1)(c)(i); and
1617
(iii) satisfy examination requirements established by the division in rule.
1618
(5) [The ] An applicant for licensure as an advanced substance use disorder counselor may
1619
satisfy the requirements of Subsection (4)(c) [may be satisfied ]by providing official
1620
verification of current certification in good standing:
1621
(a)(i) as a National Certified Addiction Counselor Level II (NCAC II) from the
1622
National Certification Commission for Addiction Professionals (NCC AP); or
1623
(ii) as an Advanced Alcohol & Drug Counselor (AADC), from the International
1624
Certification and Reciprocity Consortium; or
1625
(b) of substantive equivalence to the certifications under Subsection (5)(a), as
1626
determined by division rule made in consultation with the board.
- 48 - 02-05 15:26 1st Sub. (Green) S.B. 44
1627
(6) In accordance with division rules, an applicant for licensure as a substance use disorder
1628
counselor shall produce:
1629
(a) certified transcripts from an accredited institution that:
1630
(i) meet division standards;
1631
(ii) verify satisfactory completion of an associate's degree or equivalent as defined by
1632
the division in rule; and
1633
(iii) verify the completion of prerequisite courses established by division rules;
1634
(b) documentation of the applicant's completion of a substance use disorder education
1635
program that includes:
1636
(i) completion of at least 200 hours of substance use disorder related education;
1637
(ii) included in the 200 hours described in Subsection (6)(b)(i), a minimum of two
1638
hours of training in suicide prevention via a course that the division designates as
1639
approved; and
1640
(iii) completion of a supervised practicum of at least 200 hours; and
1641
(c) documentation of the applicant's completion of at least 2,000 hours of supervised
1642
experience in substance use disorder treatment that:
1643
(i) meets division standards; and
1644
(ii) is performed within a two-year period after the applicant's completion of the
1645
substance use disorder education program described in Subsection (6)(b), unless,
1646
as determined by the division after consultation with the board, the time for
1647
performance is extended due to an extenuating circumstance.
1648
Section 18. Section 58-61-304 is amended to read:
1649
58-61-304 . Qualifications for licensure by examination or endorsement.
1650
(1) An applicant for licensure as a psychologist based upon education, clinical training, and
1651
examination shall:
1652
(a) submit an application on a form [provided by ]the division approves;
1653
(b) pay a fee determined by the department under Section 63J-1-504;
1654
(c) produce certified transcripts of credit verifying satisfactory completion of a doctoral
1655
degree in psychology that includes specific core course work established by division
1656
rule under Section 58-1-203, from an institution of higher education whose doctoral
1657
program, at the time the applicant received the doctoral degree, met approval criteria
1658
established by division rule made in consultation with the board;
1659
(d) have completed a minimum of 4,000 hours of psychology training as defined by
1660
division rule under Section 58-1-203 under the supervision of a psychologist
- 49 - 1st Sub. (Green) S.B. 44 02-05 15:26
1661
supervisor approved by the division in collaboration with the board;
1662
(e) to be qualified to engage in mental health therapy, document successful completion
1663
of not less than 1,000 hours of supervised training in mental health therapy obtained
1664
after completion of a master's level of education in psychology, which training may
1665
be included as part of the 4,000 hours of training required in Subsection (1)(d), and
1666
for which documented evidence demonstrates not less than one hour of supervision
1667
for each 40 hours of supervised training was obtained under the direct supervision of
1668
a psychologist, as defined by rule;
1669
(f) pass the examination requirement established by division rule under Section 58-1-203;
1670
[(g) consent to a criminal background check in accordance with Section 58-61-304.1 and
1671
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1672
Utah Administrative Rulemaking Act; and]
1673
(g)(i) consent to, and complete, a criminal background check, described in Section
1674
58-1-301.5;
1675
(ii) disclose any criminal history the division requests on a form the division
1676
approves; and
1677
(iii) meet any other standard related to the criminal background check described in
1678
Subsection (1)(g)(i), that the division establishes by rule in accordance with Title
1679
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1680
(h) meet with the board, upon request for good cause, for the purpose of evaluating the
1681
applicant's qualifications for licensure.
1682
(2) An applicant for licensure as a psychologist by endorsement based upon licensure in
1683
another jurisdiction shall:
1684
(a) submit an application on a form [provided by ]the division approves;
1685
(b) pay a fee determined by the department under Section 63J-1-504;
1686
(c) not have any disciplinary action pending or in effect against the applicant's
1687
psychologist license in any jurisdiction;
1688
(d) have passed the Utah Psychologist Law and Ethics Examination established by
1689
division rule;
1690
(e) provide satisfactory evidence the applicant is currently licensed in another state,
1691
district, or territory of the United States, or in any other jurisdiction approved by the
1692
division in collaboration with the board;
1693
(f) provide satisfactory evidence the applicant has actively practiced psychology in that
1694
jurisdiction for not less than 2,000 hours or one year, whichever is greater;
- 50 - 02-05 15:26 1st Sub. (Green) S.B. 44
1695
(g) provide satisfactory evidence that:
1696
(i) the education, supervised experience, examination, and all other requirements for
1697
licensure in that jurisdiction at the time the applicant obtained licensure were
1698
substantially equivalent to the licensure requirements for a psychologist in Utah at
1699
the time the applicant obtained licensure in the other jurisdiction; or
1700
(ii) the applicant is:
1701
(A) a current holder of Board Certified Specialist status in good standing from the
1702
American Board of Professional Psychology;
1703
(B) currently credentialed as a health service provider in psychology by the
1704
National Register of Health Service Providers in Psychology; or
1705
(C) currently holds a Certificate of Professional Qualification (CPQ) granted by
1706
the Association of State and Provincial Psychology Boards;
1707
[(h) consent to a criminal background check in accordance with Section 58-61-304.1 and
1708
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1709
Utah Administrative Rulemaking Act; and]
1710
(h)(i) consent to, and complete, a criminal background check, described in Section
1711
58-1-301.5;
1712
(ii) meet any other standard related to the criminal background check described in
1713
Subsection (2)(h)(i), that the division establishes by rule in accordance with Title
1714
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1715
(iii) disclose any criminal history the division requests on a form the division
1716
approves; and
1717
(i) meet with the board, upon request for good cause, for the purpose of evaluating the
1718
applicant's qualifications for licensure.
1719
(3)(a) An applicant for certification as a psychology resident shall comply with the
1720
provisions of Subsections (1)(a), (b), (c), (g), and (h).
1721
(b)(i) An individual's certification as a psychology resident is limited to the period of
1722
time necessary to complete clinical training as described in Subsections (1)(d) and
1723
(e) and extends not more than one year from the date the minimum requirement
1724
for training is completed, unless the individual presents satisfactory evidence to
1725
the division and the board that the individual is making reasonable progress
1726
toward passing the qualifying examination or is otherwise on a course reasonably
1727
expected to lead to licensure as a psychologist.
1728
(ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
- 51 - 1st Sub. (Green) S.B. 44 02-05 15:26
1729
date the minimum supervised clinical training requirement has been completed.
1730
(4) An applicant for certification as a certified prescribing psychologist based upon
1731
education, clinical training, and examination shall:
1732
(a) have authority to engage in the practice of psychology under Subsection 58-61-301;
1733
(b) pay a fee determined by the department under Section 63J-1-504;
1734
(c) demonstrate by official transcript, or other official evidence satisfactory to the
1735
division, that the applicant:
1736
(i) has completed a doctoral degree in psychology that includes specific core course
1737
work established by division rule under Section 58-1-203, from an institution of
1738
higher education whose doctoral program, at the time the applicant received the
1739
doctoral degree, met approval criteria established by division rule made in
1740
consultation with the board;
1741
(ii) has completed a master's degree in clinical psychopharmacology from an
1742
institution of higher learning whose master's program, at the time the applicant
1743
received the master's degree, included at least 30 credit hours of didactics
1744
coursework over no less than four semesters, met approval criteria established by
1745
division rule made in consultation with the board and includes the following core
1746
areas of instruction:
1747
(A) neuroscience, pharmacology, psychopharmacology, physiology, and
1748
pathophysiology;
1749
(B) appropriate and relevant physical and laboratory assessment;
1750
(C) basic sciences, including general biology, microbiology, cell and molecular
1751
biology, human anatomy, human physiology, biochemistry, and genetics, as
1752
part of or [prior to] before enrollment in a master's degree in clinical
1753
psychopharmacology; and
1754
(D) any other areas of instruction determined necessary by the division, in
1755
collaboration with the board, as established by division rule; and
1756
(iii) has completed postdoctoral supervised training, as defined by division rule made
1757
in consultation with the board, in prescribing psychology under the direction of a
1758
licensed physician, including:
1759
(A) not less than 4,000 hours of supervised clinical training throughout a period of
1760
at least two years; and
1761
(B) for an applicant for a prescription certificate who specializes in the
1762
psychological care of children 17 years old or younger, persons 65 years old or
- 52 - 02-05 15:26 1st Sub. (Green) S.B. 44
1763
older, or persons with comorbid medical conditions, at least one year
1764
prescribing psychotropic medications to those populations, as certified by the
1765
applicant's supervising licensed physician;
1766
(d) have passed:
1767
(i) the Psychopharmacology Examination for Psychologists developed by the
1768
Association of State and Provincial Psychology Boards, or [its] the association's
1769
successor organization; or
1770
(ii) an equivalent examination as defined by the division in rule;
1771
(e) not have any disciplinary action pending or in effect against the applicant's
1772
psychologist license or other professional license authorizing the applicant to
1773
prescribe in any jurisdiction;
1774
[(f) consent to a criminal background check in accordance with Section 58-61-304.1 and
1775
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1776
Utah Administrative Rulemaking Act;]
1777
(f)(i) consent to, and complete, a criminal background check, described in Section
1778
58-1-301.5;
1779
(ii) meet any other standard related to the criminal background check described in
1780
Subsection (4)(f)(i), that the division establishes by rule in accordance with Title
1781
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1782
(iii) disclose any criminal history the division requests on a form the division
1783
approves;
1784
(g) commit to maintaining professional liability insurance while acting as a certified
1785
prescribing psychologist; and
1786
(h) meet with the board, upon request for good cause, for the purpose of evaluating the
1787
applicant's qualifications for licensure.
1788
(5) An applicant for certification as a certified prescribing psychologist by endorsement
1789
based upon licensure in another jurisdiction shall:
1790
(a) submit an application on a form [provided by ]the division approves;
1791
(b) pay a fee determined by the department under Section 63J-1-504;
1792
(c) not have any disciplinary action pending or in effect against the applicant's
1793
psychologist license or other professional license authorizing the applicant to
1794
prescribe in any jurisdiction;
1795
(d) have passed the Utah Psychologist Law and Ethics Examination established by
1796
division rule;
- 53 - 1st Sub. (Green) S.B. 44 02-05 15:26
1797
(e) provide satisfactory evidence that the applicant is currently licensed as a prescribing
1798
psychologist in another state, district, or territory of the United States, or in any other
1799
jurisdiction approved by the division in collaboration with the board;
1800
(f) provide satisfactory evidence that the applicant has actively practiced as a prescribing
1801
psychologist in that jurisdiction for not less than 4,000 hours or two years, whichever
1802
is greater;
1803
(g) provide satisfactory evidence that the applicant has satisfied the education,
1804
supervised experience, examination, and all other requirements for licensure as a
1805
prescribing psychologist in that jurisdiction at the time the applicant obtained
1806
licensure were substantially equivalent to the licensure requirements for a certified
1807
prescribing psychologist in Utah at the time the applicant obtained licensure in the
1808
other jurisdiction;
1809
[(h) consent to a criminal background check in accordance with Section 58-61-304.1 and
1810
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1811
Utah Administrative Rulemaking Act;]
1812
(h)(i) consent to, and complete, a criminal background check, described in Section
1813
58-1-301.5;
1814
(ii) meet any other standard related to the criminal background check described in
1815
Subsection (5)(h)(i), that the division establishes by rule in accordance with Title
1816
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1817
(iii) disclose any criminal history the division requests on a form the division
1818
approves;
1819
(i) commit to maintaining professional liability insurance while acting as a certified
1820
prescribing psychologist; and
1821
(j) meet with the board, upon request for good cause, for the purpose of evaluating the
1822
applicant's qualifications for licensure.
1823
(6) An applicant for certification as a provisional prescribing psychologist shall:
1824
(a) have authority to engage in the practice of psychology under Section 58-61-301;
1825
(b) pay a fee determined by the department under Section 63J-1-504;
1826
(c) demonstrate by official transcript, or other official evidence satisfactory to the
1827
division, that the applicant:
1828
(i) has completed a doctoral degree in psychology that includes specific core course
1829
work established by division rule under Section 58-1-203, from an institution of
1830
higher education whose doctoral program, at the time the applicant received the
- 54 - 02-05 15:26 1st Sub. (Green) S.B. 44
1831
doctoral degree, met approval criteria established by division rule made in
1832
consultation with the board; and
1833
(ii) has completed a master's degree in clinical psychopharmacology from an
1834
institution of higher learning whose master's program, at the time the applicant
1835
received the master's degree, met approval criteria established by division rule
1836
made in consultation with the board and includes the following core areas of
1837
instruction:
1838
(A) neuroscience, pharmacology, psychopharmacology, physiology, and
1839
pathophysiology;
1840
(B) appropriate and relevant physical and laboratory assessment;
1841
(C) basic sciences, including general biology, microbiology, cell and molecular
1842
biology, human anatomy, human physiology, biochemistry, and genetics, as
1843
part of or [prior to] before enrollment in a master's degree in clinical
1844
psychopharmacology; and
1845
(D) any other areas of instruction determined necessary by the division, in
1846
collaboration with the board, as established by division rule;
1847
(d) have no disciplinary action pending or in effect against the applicant's psychologist
1848
license or other professional license authorizing the applicant to prescribe in any
1849
jurisdiction;
1850
[(e) consent to a criminal background check in accordance with Section 58-61-304.1 and
1851
any requirements established by rule made in accordance with Title 63G, Chapter 3,
1852
Utah Administrative Rulemaking Act;]
1853
(e)(i) consent to, and complete, a criminal background check, described in Section
1854
58-1-301.5;
1855
(ii) meet any other standard related to the criminal background check described in
1856
Subsection (6)(e)(i), that the division establishes by rule in accordance with Title
1857
63G, Chapter 3, Utah Administrative Rulemaking Act; and
1858
(iii) disclose any criminal history the division requests on a form the division
1859
approves;
1860
(f) commit to maintaining professional liability insurance while acting as a provisional
1861
prescribing psychologist;
1862
(g) meet with the board, upon request for good cause, for the purpose of evaluating the
1863
applicant's qualifications for licensure; and
1864
(h) satisfy any further requirements, as established by the division in rule.
- 55 - 1st Sub. (Green) S.B. 44 02-05 15:26
1865
(7) An applicant for licensure as a licensed school psychological practitioner shall:
1866
(a) submit an application on a form [provided by ]the division approves;
1867
(b) pay a fee determined by the department under Section 63J-1-504;
1868
(c) produce certified transcripts of credit verifying satisfactory completion of a master's
1869
degree or equivalent certification program approved by the division that:
1870
(i) consists of at least 60 semester hours or 90 quarter hours in school psychology at
1871
an accredited institution; and
1872
(ii) includes training in at least the following topics:
1873
(A) understanding the organization, administration, and operation of schools, the
1874
major roles of personnel employed in schools, and curriculum development;
1875
(B) directing psychological and psycho-educational assessments and intervention [
1876
2-118including] including all areas of exceptionality;
1877
(C) individual and group intervention and remediation techniques, including
1878
consulting, behavioral methods, counseling, and primary prevention;
1879
(D) understanding the ethical and professional practice and legal issues related to [
1880
2-122the] the work of school psychologists;
1881
(E) social psychology, including interpersonal relations, communications, and
1882
consultation with students, parents, and professional personnel;
1883
(F) coordination and work with community-school relations and multicultural
1884
education programs and assessments; and
1885
(G) the use and evaluation of tests and measurements, developmental psychology,
1886
affective and cognitive processes, social and biological bases of behavior,
1887
personality, and psychopathology;
1888
(d) provide evidence demonstrating that the applicant has:
1889
(i) completed a one school year internship, or the equivalent, with a minimum of
1890
1,200 clock hours in school psychology, at least 600 hours of which shall be in a
1891
school setting or a setting with an educational component; and
1892
(ii) completed at least five years of successful experience as a school psychologist in
1893
the state; and
1894
(e) provide a recommendation from:
1895
(i) the institution that the applicant attended under Subsection (4)(c); and
1896
(ii) one or more local education agencies, as defined in Section 53E-1-102, that
1897
employed the applicant as a school psychologist for the period described in
1898
Subsection (4)(d)(ii).
- 56 - 02-05 15:26 1st Sub. (Green) S.B. 44
1899
Section 19. Section 58-63-302 is amended to read:
1900
58-63-302 . Qualifications for licensure.
1901
(1) Each applicant for licensure as an armored car company or a contract security company
1902
shall:
1903
(a) submit an application in a form [prescribed by ]the division approves;
1904
(b) pay a fee determined by the department under Section 63J-1-504;
1905
(c) have a qualifying agent who:
1906
(i) meets with the division and the board and demonstrates that the applicant and the
1907
qualifying agent meet the requirements of this section;
1908
(ii) is a resident of the state;
1909
(iii) is responsible management personnel or a company owner of the applicant;
1910
(iv) exercises material day-to-day authority in the conduct of the applicant's business
1911
by making substantive technical and administrative decisions and whose primary
1912
employment is with the applicant;
1913
(v) is not concurrently acting as a qualifying agent or employee of another armored
1914
car company or contract security company and is not engaged in any other
1915
employment on a regular basis;
1916
(vi) is not involved in any activity that would conflict with the qualifying agent's
1917
duties and responsibilities under this chapter to ensure that the qualifying agent's
1918
and the applicant's performance under this chapter does not jeopardize the health
1919
or safety of the general public;
1920
(vii) is not an employee of a government agency;
1921
(viii) passes an examination component established by rule by the division in
1922
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
1923
Administrative Rulemaking Act; and
1924
(ix)(A) demonstrates 6,000 hours of compensated experience as a manager,
1925
supervisor, or administrator of an armored car company or a contract security
1926
company; or
1927
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division
1928
in collaboration with the board with a federal, United States military, state,
1929
county, or municipal law enforcement agency;
1930
(d) [provide the name, address, date of birth, social security number, fingerprint card,
1931
and consent to a criminal background check in accordance with Section 58-63-302.1
1932
and requirements established by division rule made in accordance with Title 63G,
- 57 - 1st Sub. (Green) S.B. 44 02-05 15:26
1933
Chapter 3, Utah Administrative Rulemaking Act, for] require that each company
1934
officer, company owner, company proprietor, company trustee, and responsible
1935
management personnel with direct responsibility for managing operations of the
1936
applicant within the state:
1937
(i) provide name, address, date of birth, social security number, and fingerprints; and
1938
(ii)(A) consent to, and complete, a criminal background check, described in
1939
Section 58-1-301.5;
1940
(B) meet any other standard related to the criminal background check described in
1941
Subsection (1)(d)(ii)(A), that the division establishes by rule in accordance
1942
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1943
(C) disclose any criminal history the division requests on a form the division
1944
approves;
1945
(e) have company officers, company owners, company proprietors, company trustees,
1946
and responsible management personnel who have not been convicted of:
1947
(i) a felony; or
1948
(ii) a crime that when considered with the duties and responsibilities of a contract
1949
security company or an armored car company by the division and the board
1950
indicates that the best interests of the public are not served by granting the
1951
applicant a license;
1952
(f) document that none of the [persons] individuals described in Subsection (1)(e):
1953
(i) have been declared by a court of competent jurisdiction incompetent by reason of
1954
mental defect or disease and not been restored; or
1955
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
1956
(g) file and maintain with the division evidence of:
1957
(i) comprehensive general liability insurance in a form and in amounts established by
1958
rule by the division in collaboration with the board and in accordance with Title
1959
63G, Chapter 3, Utah Administrative Rulemaking Act;
1960
(ii) workers' compensation insurance that covers employees of the applicant in
1961
accordance with applicable Utah law;
1962
(iii) registration with the Division of Corporations and Commercial Code; and
1963
(iv) registration as required by applicable law with the:
1964
(A) Unemployment Insurance Division in the Department of Workforce Services,
1965
for purposes of Title 35A, Chapter 4, Employment Security Act;
1966
(B) State Tax Commission; and
- 58 - 02-05 15:26 1st Sub. (Green) S.B. 44
1967
(C) Internal Revenue Service; and
1968
(h) meet with the division and board if requested by the division or board.
1969
(2) Each applicant for licensure as an armed private security officer:
1970
(a) shall submit an application in a form[ prescribed by] the division approves;
1971
(b) shall pay a fee determined by the department under Section 63J-1-504;
1972
(c) may not have been convicted of:
1973
(i) a felony; or
1974
(ii) a crime that when considered with the duties and responsibilities of an armed
1975
private security officer by the division and the board indicates that the best
1976
interests of the public are not served by granting the applicant a license;
1977
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
1978
Sec. 922(g);
1979
(e) may not have been declared incompetent by a court of competent jurisdiction by
1980
reason of mental defect or disease and not been restored;
1981
(f) may not be currently suffering from habitual drunkenness or from drug addiction or
1982
dependence;
1983
(g) shall successfully complete basic education and training requirements established by
1984
rule by the division in collaboration with the board and in accordance with Title 63G,
1985
Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of
1986
eight hours of classroom or online curriculum;
1987
(h) shall successfully complete firearms training requirements established by rule by the
1988
division in collaboration with the board and in accordance with Title 63G, Chapter 3,
1989
Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of
1990
training;
1991
(i) shall pass the examination requirement established by rule by the division in
1992
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
1993
Administrative Rulemaking Act;
1994
(j) [shall submit to and pass a background check in accordance with Section 58-63-302.1
1995
and requirements established by division rule made in accordance with Title 63G,
1996
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
1997
(i) consent to, and complete, a criminal background check, described in Section
1998
58-1-301.5;
1999
(ii) meet any other standard related to the criminal background check described in
2000
Subsection (1)(j)(i), that the division establishes by rule in accordance with Title
- 59 - 1st Sub. (Green) S.B. 44 02-05 15:26
2001
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2002
(iii) disclose any criminal history the division requests on a form the division
2003
approves; and
2004
(k) shall meet with the division and board if requested by the division or the board.
2005
(3) Each applicant for licensure as an unarmed private security officer:
2006
(a) shall submit an application in a form[ prescribed by] the division approves;
2007
(b) shall pay a fee determined by the department under Section 63J-1-504;
2008
(c) may not have been convicted of:
2009
(i) a felony; or
2010
(ii) a crime that when considered with the duties and responsibilities of an unarmed
2011
private security officer by the division and the board indicates that the best
2012
interests of the public are not served by granting the applicant a license;
2013
(d) may not have been declared incompetent by a court of competent jurisdiction by
2014
reason of mental defect or disease and not been restored;
2015
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2016
dependence;
2017
(f) shall successfully complete basic education and training requirements established by
2018
rule by the division in collaboration with the board and in accordance with Title 63G,
2019
Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of
2020
eight hours of classroom or online curriculum;
2021
(g) shall pass the examination requirement established by rule by the division in
2022
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2023
Administrative Rulemaking Act;
2024
(h) [shall submit to and pass a background check in accordance with Section 58-63-302.1
2025
and requirements established by division rule made in accordance with Title 63G,
2026
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2027
(i) consent to, and complete, a criminal background check, described in Section
2028
58-1-301.5;
2029
(ii) meet any other standard related to the criminal background check described in
2030
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2031
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2032
(iii) disclose any criminal history the division requests on a form the division
2033
approves; and
2034
(i) shall meet with the division and board if requested by the division or board.
- 60 - 02-05 15:26 1st Sub. (Green) S.B. 44
2035
(4) Each applicant for licensure as an armored car security officer:
2036
(a) shall submit an application in a form[ prescribed by] the division approves;
2037
(b) shall pay a fee determined by the department under Section 63J-1-504;
2038
(c) may not have been convicted of:
2039
(i) a felony; or
2040
(ii) a crime that when considered with the duties and responsibilities of an armored
2041
car security officer by the division and the board indicates that the best interests of
2042
the public are not served by granting the applicant a license;
2043
(d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
2044
Sec. 922(g);
2045
(e) may not have been declared incompetent by a court of competent jurisdiction by
2046
reason of mental defect or disease and not been restored;
2047
(f) may not be currently suffering from habitual drunkenness or from drug addiction or
2048
dependence;
2049
(g) shall successfully complete basic education and training requirements established by
2050
rule by the division in collaboration with the board and in accordance with Title 63G,
2051
Chapter 3, Utah Administrative Rulemaking Act;
2052
(h) shall successfully complete firearms training requirements established by rule by the
2053
division in collaboration with the board and in accordance with Title 63G, Chapter 3,
2054
Utah Administrative Rulemaking Act;
2055
(i) shall pass the examination requirements established by rule by the division in
2056
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
2057
Administrative Rulemaking Act;
2058
(j) [shall submit to and pass a background check in accordance with Section 58-63-302.1
2059
and requirements established by division rule made in accordance with Title 63G,
2060
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2061
(i) consent to, and complete, a criminal background check, described in Section
2062
58-1-301.5;
2063
(ii) meet any other standard related to the criminal background check described in
2064
Subsection (4)(j)(i), that the division establishes by rule in accordance with Title
2065
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2066
(iii) disclose any criminal history the division requests on a form the division
2067
approves; and
2068
(k) shall meet with the division and board if requested by the division or the board.
- 61 - 1st Sub. (Green) S.B. 44 02-05 15:26
2069
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2070
division may make a rule establishing when the division shall request a Federal Bureau
2071
of Investigation records' review for an applicant who is applying for licensure or
2072
licensure renewal under this chapter.
2073
Section 20. Section 58-64-302 is amended to read:
2074
58-64-302 . Qualifications for licensure.
2075
(1) [Each ] An applicant for licensure as a deception detection examiner:
2076
(a) shall submit an application in a form [prescribed by ]the division approves;
2077
(b) shall pay a fee determined by the department under Section 63J-1-504;
2078
(c) may not have been convicted of a felony or any other crime that when considered
2079
with the duties and responsibilities of a deception detection examiner is considered
2080
by the division to indicate that the best interests of the public will not be served by
2081
granting the applicant a license;
2082
(d) may not have been declared by any court of competent jurisdiction incompetent by
2083
reason of mental defect or disease and not been restored;
2084
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2085
dependence;
2086
(f) shall have completed one of the following:
2087
(i) have earned a bachelor's degree from a [four year] four-year university or college
2088
meeting standards [established by ]the division establishes by rule made in
2089
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2090
(ii) have completed not less than 8,000 hours of investigation experience approved by
2091
the division; or
2092
(iii) have completed a combination of university or college education and
2093
investigation experience, as defined by rule made by the division in accordance
2094
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as being
2095
equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
2096
(g) shall have successfully completed a training program in detection deception meeting
2097
criteria [established by rule made by ]the division establishes by rule made in
2098
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2099
(h) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2100
and requirements established by division rule made in accordance with Title 63G,
2101
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2102
(i) consent to, and complete, a criminal background check, described in Section
- 62 - 02-05 15:26 1st Sub. (Green) S.B. 44
2103
58-1-301.5;
2104
(ii) meet any other standard related to the criminal background check described in
2105
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2106
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2107
(iii) disclose any criminal history the division requests on a form the division
2108
approves; and
2109
(i) shall have performed satisfactorily as a licensed deception detection intern for a
2110
period of not less than one year and shall have satisfactorily conducted not less than
2111
100 deception detection examinations under the supervision of a licensed deception
2112
detection examiner.
2113
(2) [Each ] An applicant for licensure as a deception detection intern:
2114
(a) shall submit an application in a form [prescribed by ]the division approves;
2115
(b) shall pay a fee determined by the department under Section 63J-1-504;
2116
(c) may not have been convicted of a felony or any other crime that when considered
2117
with the duties and responsibilities of a deception detection intern is considered by
2118
the division to indicate that the best interests of the public will not be served by
2119
granting the applicant a license;
2120
(d) may not have been declared by any court of competent jurisdiction incompetent by
2121
reason of mental defect or disease and not been restored;
2122
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2123
dependence;
2124
(f) shall have completed one of the following:
2125
(i) have earned a bachelor's degree from a [four year] four-year university or college
2126
meeting standards [established by ]the division establishes by rule made in
2127
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2128
(ii) have completed not less than 8,000 hours of investigation experience approved by
2129
the division; or
2130
(iii) have completed a combination of university or college education and
2131
investigation experience, as defined by rule [made by ]the division makes in
2132
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as
2133
being equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
2134
(g) shall have successfully completed a training program in detection deception meeting
2135
criteria established by rule [made by ]the division makes in accordance with Title
2136
63G, Chapter 3, Utah Administrative Rulemaking Act;
- 63 - 1st Sub. (Green) S.B. 44 02-05 15:26
2137
(h) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2138
and requirements established by division rule made in accordance with Title 63G,
2139
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2140
(i) consent to, and complete, a criminal background check, described in Section
2141
58-1-301.5;
2142
(ii) meet any other standard related to the criminal background check described in
2143
Subsection (2)(h)(i), that the division establishes by rule in accordance with Title
2144
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2145
(iii) disclose any criminal history the division requests on a form the division
2146
approves; and
2147
(i) shall provide the division with an intern supervision agreement in a form [prescribed
2148
by ]the division approves under which:
2149
(i) a licensed deception detection examiner agrees to supervise the intern; and
2150
(ii) the applicant agrees to be supervised by that licensed deception detection
2151
examiner.
2152
(3) [Each ] An applicant for licensure as a deception detection examination administrator:
2153
(a) shall submit an application in a form[ prescribed by] the division approves;
2154
(b) shall pay a fee determined by the department under Section 63J-1-504;
2155
(c) may not have been convicted of a felony or any other crime that when considered
2156
with the duties and responsibilities of a deception detection examination
2157
administrator is considered by the division to indicate that the best interests of the
2158
public will not be served by granting the applicant a license;
2159
(d) may not have been declared by a court of competent jurisdiction incompetent by
2160
reason of mental defect or disease and not been restored;
2161
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
2162
dependence;
2163
(f) shall have earned an associate degree from a state-accredited university or college or
2164
have an equivalent number of years' work experience;
2165
(g) [shall submit to and pass a background check in accordance with Section 58-64-302.1
2166
and requirements established by division rule made in accordance with Title 63G,
2167
Chapter 3, Utah Administrative Rulemaking Act; and] shall:
2168
(i) consent to, and complete, a criminal background check, described in Section
2169
58-1-301.5;
2170
(ii) meet any other standard related to the criminal background check described in
- 64 - 02-05 15:26 1st Sub. (Green) S.B. 44
2171
Subsection (3)(g)(i), that the division establishes by rule in accordance with Title
2172
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2173
(iii) disclose any criminal history the division requests on a form the division
2174
approves; and
2175
(h) shall have successfully completed a training program and have obtained certification
2176
in deception detection examination administration provided by the manufacturer of a
2177
scientific or technology-based software application solution that [is approved by ]the
2178
director approves.
2179
Section 21. Section 58-67-302 is amended to read:
2180
58-67-302 . Qualifications for licensure.
2181
(1) An applicant for licensure as a physician and surgeon, except as set forth in Subsection
2182
(2), shall:
2183
(a) submit an application in a form [prescribed by ]the division approves, which may
2184
include:
2185
(i) submissions by the applicant of information maintained by practitioner data banks,
2186
as designated by division rule, with respect to the applicant;
2187
(ii) a record of professional liability claims made against the applicant and
2188
settlements paid by or on behalf of the applicant; and
2189
(iii) authorization to use a record coordination and verification service [approved by ]
2190
the division in collaboration with the board approves;
2191
(b) pay a fee determined by the department under Section 63J-1-504;
2192
[(c) if the applicant is applying to participate in the Interstate Medical Licensure
2193
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a
2194
criminal background check in accordance with Section 58-67-302.1 and any
2195
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2196
Administrative Rulemaking Act;]
2197
(c)(i) consent to, and complete, a criminal background check, described in Section
2198
58-1-301.5;
2199
(ii) meet any other standard related to the criminal background check described in
2200
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
2201
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2202
(iii) disclose any criminal history the division requests on a form the division
2203
approves;
2204
(d) provide satisfactory documentation of having successfully completed a program of
- 65 - 1st Sub. (Green) S.B. 44 02-05 15:26
2205
professional education preparing an individual as a physician and surgeon, as
2206
evidenced by:
2207
(i) having received an earned degree of doctor of medicine from an LCME accredited
2208
medical school or college; or
2209
(ii) if the applicant graduated from a medical school or college located outside the
2210
United States or [its] the United States' territories, submitting a current certification
2211
by the Educational Commission for Foreign Medical Graduates or any successor
2212
organization approved by the division in collaboration with the board;
2213
(e) satisfy the division and board that the applicant:
2214
(i) has successfully completed 24 months of progressive resident training in a
2215
program approved by the ACGME, the Royal College of Physicians and
2216
Surgeons, the College of Family Physicians of Canada, or any similar body in the
2217
United States or Canada approved by the division in collaboration with the board;
2218
or
2219
(ii)(A) has successfully completed 12 months of resident training in an ACGME
2220
approved program after receiving a degree of doctor of medicine as required
2221
under Subsection (1)(d);
2222
(B) has been accepted in and is successfully participating in progressive resident
2223
training in an ACGME approved program within Utah, in the applicant's
2224
second or third year of postgraduate training; and
2225
(C) has agreed to surrender to the division the applicant's license as a physician
2226
and surgeon without any proceedings under Title 63G, Chapter 4,
2227
Administrative Procedures Act, and has agreed the applicant's license as a
2228
physician and surgeon [will] may be automatically revoked by the division if
2229
the applicant fails to continue in good standing in an ACGME approved
2230
progressive resident training program within the state;
2231
(f) pass the licensing examination sequence required by division rule made in
2232
collaboration with the board;
2233
(g) be able to read, write, speak, understand, and be understood in the English language
2234
and demonstrate proficiency to the satisfaction of the board if requested by the board;
2235
(h) meet with the board and representatives of the division, if requested, for the purpose
2236
of evaluating the applicant's qualifications for licensure;
2237
(i) designate:
2238
(i) a contact person for access to medical records in accordance with the federal
- 66 - 02-05 15:26 1st Sub. (Green) S.B. 44
2239
Health Insurance Portability and Accountability Act; and
2240
(ii) an alternate contact person for access to medical records, in the event the original
2241
contact person is unable or unwilling to serve as the contact person for access to
2242
medical records; and
2243
(j) establish a method for notifying patients of the identity and location of the contact
2244
person and alternate contact person, if the applicant will practice in a location with no
2245
other persons licensed under this chapter.
2246
(2) An applicant for licensure as a physician and surgeon by endorsement who is currently
2247
licensed to practice medicine in any state other than Utah, a district or territory of the
2248
United States, or Canada shall:
2249
(a) be currently licensed with a full unrestricted license in good standing in any state,
2250
district, or territory of the United States, or Canada;
2251
(b) have been actively engaged in the legal practice of medicine in any state, district, or
2252
territory of the United States, or Canada for not less than 6,000 hours during the five
2253
years immediately preceding the date of application for licensure in Utah;
2254
(c) comply with the requirements for licensure under Subsections (1)(a) through (d),
2255
(1)(e)(i), and (1)(g) through (j);
2256
(d) have passed the licensing examination sequence required in Subsection (1)(f) or
2257
another medical licensing examination sequence in another state, district or territory
2258
of the United States, or Canada that the division in collaboration with the board by
2259
rulemaking determines is equivalent to [its] the board's own required examination;
2260
(e) not have any investigation or action pending against any health care license of the
2261
applicant, not have a health care license that was suspended or revoked in any state,
2262
district or territory of the United States, or Canada, and not have surrendered a health
2263
care license in lieu of a disciplinary action, unless:
2264
(i) the license was subsequently reinstated as a full unrestricted license in good
2265
standing; or
2266
(ii) the division in collaboration with the board determines to [its] the board's
2267
satisfaction, after full disclosure by the applicant, that:
2268
(A) the conduct has been corrected, monitored, and resolved; or
2269
(B) a mitigating circumstance exists that prevents [its] the investigation's or action's
2270
resolution, and the division in collaboration with the board is satisfied that, but
2271
for the mitigating circumstance, the license would be reinstated;
2272
(f) submit to a records review, a practice history review, and comprehensive
- 67 - 1st Sub. (Green) S.B. 44 02-05 15:26
2273
assessments, if requested by the division in collaboration with the board; and
2274
(g) produce satisfactory evidence that the applicant meets the requirements of this
2275
Subsection (2) to the satisfaction of the division in collaboration with the board.
2276
(3) An applicant for licensure by endorsement may engage in the practice of medicine
2277
under a temporary license while the division processes the applicant's application for
2278
licensure [is being processed by the division, provided] if:
2279
(a) the applicant submits a complete application required for temporary licensure to the
2280
division;
2281
(b) the applicant submits a written document to the division from:
2282
(i) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care
2283
Facility Licensing and Inspection, stating that the applicant is practicing under the:
2284
(A) invitation of the health care facility; and
2285
(B) the general supervision of a physician practicing at the facility; or
2286
(ii) two individuals licensed under this chapter, whose license is in good standing and
2287
who practice in the same clinical location, both stating that:
2288
(A) the applicant is practicing under the invitation and general supervision of the
2289
individual; and
2290
(B) the applicant will practice at the same clinical location as the individual;
2291
(c) the applicant submits a signed certification to the division that the applicant meets
2292
the requirements of Subsection (2);
2293
(d) the applicant does not engage in the practice of medicine until the division [has issued]
2294
issues a temporary license;
2295
(e) the temporary license is [only ]issued for only one year from the date of issuance and
2296
may not be extended or renewed[ beyond the duration of one year from issuance]; and
2297
(f) the temporary license expires immediately and [prior to] before the expiration of one
2298
year from issuance, upon notification from the division that the division denied the
2299
applicant's application for licensure by endorsement[ is denied].
2300
(4) The division shall issue a temporary license under Subsection (3) within 15 business
2301
days after the day on which the applicant satisfies the requirements of Subsection (3).
2302
(5) The division may not require the following requirements for licensure:
2303
(a) a post-residency board certification; or
2304
(b) a cognitive test when the physician reaches a specified age, unless:
2305
(i) the screening is based on evidence of cognitive changes associated with aging that
2306
are relevant to physician performance;
- 68 - 02-05 15:26 1st Sub. (Green) S.B. 44
2307
(ii) the screening is based on principles of medical ethics;
2308
(iii) physicians are involved in the development of standards for assessing
2309
competency;
2310
(iv) guidelines, procedures, and methods of assessment, which may include cognitive
2311
screening, are relevant to physician practice and to the physician's ability to
2312
perform the tasks specifically required in the physician's practice environment;
2313
(v) the primary driver for establishing assessment results is the ethical obligation of
2314
the profession to the health of the public and patient safety;
2315
(vi) the goal of the assessment is to optimize physician competency and performance
2316
through education, remediation, and modifications to a physician's practice
2317
environment or scope;
2318
(vii) a credentialing committee determines that public health or patient safety is
2319
directly threatened, the screening permits a physician to retain the right to modify
2320
the physician's practice environment to allow the physician to continue to provide
2321
safe and effective care;
2322
(viii) guidelines, procedures, and methods of assessment are transparent to physicians
2323
and physicians' representatives, if requested by a physician or a physician's
2324
representative, and physicians are made aware of the specific methods used,
2325
performance expectations and standards against which performance will be
2326
judged, and the possible outcomes of the screening or assessment;
2327
(ix) education or remediation practices that result from screening or assessment
2328
procedures are:
2329
(A) supportive of physician wellness;
2330
(B) ongoing; and
2331
(C) proactive; and
2332
(x) procedures and screening mechanisms that are distinctly different from for cause
2333
assessments do not result in undue cost or burden to senior physicians providing
2334
patient care.
2335
Section 22. Section 58-67-503 is amended to read:
2336
58-67-503 . Penalties and administrative actions for unlawful and unprofessional
2337
conduct.
2338
(1) Any person [who] that violates the unlawful conduct provisions of Section 58-67-501 or
2339
Section 58-1-501 is guilty of a third degree felony.
2340
(2)(a) Subject to Subsection (4), the division may punish unprofessional or unlawful
- 69 - 1st Sub. (Green) S.B. 44 02-05 15:26
2341
conduct by:
2342
(i) assessing administrative penalties; or
2343
(ii) taking other appropriate administrative action.
2344
(b) [A] The division shall deposit a monetary administrative penalty imposed under this
2345
section [shall be deposited ]into the Physician Education and Enforcement Fund
2346
created in Section 58-67a-1.
2347
(3) If a licensee [has been] is convicted of unlawful conduct, described in Section 58-67-501,
2348
before an administrative proceeding regarding the same conduct, the division may not
2349
assess an additional administrative fine under this chapter for the same conduct.
2350
(4)(a) If the division concludes that an individual has violated provisions of Section
2351
58-67-501, Section 58-67-502, Chapter 1, Division of Professional Licensing Act,
2352
Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect
2353
to these provisions, and disciplinary action is appropriate, the director or director's
2354
designee shall:
2355
(i) issue a citation to the individual;
2356
(ii) attempt to negotiate a stipulated settlement; or
2357
(iii)(A) notify the individual that the division will commence an adjudicative
2358
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures
2359
Act[, will be commenced ] ; and
2360
(B) invite the individual [is invited ]to appear.
2361
(b) The division may take the following action against an individual who is in violation
2362
of a provision described in Subsection (4)(a), as evidenced by an uncontested
2363
citation, a stipulated settlement, or a finding of violation in an adjudicative
2364
proceeding:
2365
(i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
2366
ongoing violation, whichever is greater, in accordance with a fine schedule
2367
established by rule; or
2368
(ii) order to cease and desist from the behavior that constitutes a violation of the
2369
provisions described in Subsection (4)(a).
2370
(c) [An ] The division may not suspend or revoke an individual's license [may not be
2371
suspended or revoked ]through a citation.
2372
(d) Each citation issued under this section shall:
2373
(i) be in writing;
2374
(ii) clearly describe or explain:
- 70 - 02-05 15:26 1st Sub. (Green) S.B. 44
2375
(A) the nature of the violation, including a reference to the provision of the
2376
chapter, rule, or order alleged to have been violated;
2377
(B) that the recipient must notify the division in writing within 20 calendar days
2378
from the day on which the citation is served if the recipient wishes to contest
2379
the citation at a hearing conducted under Title 63G, Chapter 4, Administrative
2380
Procedures Act; and
2381
(C) the consequences of failure to timely contest the citation or pay the fine
2382
assessed by the citation within the time specified in the citation; and
2383
(iii) be served in accordance with the Utah Rules of Civil Procedure.
2384
(e)(i) If the individual to whom [the citation is issued] the division issues the citation
2385
fails to request a hearing to contest the citation within 20 calendar days from the
2386
day on which the division serves the citation [is served], the citation[ ] :
2387
(A) becomes the final order of the division; and
2388
(B) [ ]is not subject to further agency review.[ ]
2389
(ii) [The ] The division may extend the period to contest the citation [may be extended
2390
by the division ]for cause.
2391
(f) The division may refuse to issue or renew or suspend, revoke, or place on probation
2392
the license of an individual who fails to comply with a citation after the citation
2393
becomes final.
2394
(g) The failure of an applicant for licensure to comply with a citation after [it] the citation
2395
becomes final is [a ground] grounds for denial of license.
2396
(h) [No citation may be issued ] The division may not issue a citation under this section
2397
after the expiration of one year following the date on which the division receives the
2398
report of the violation that is the subject of the citation[ is reported to the division].
2399
(5)(a) The director may collect a penalty imposed under this section that is not paid by:
2400
(i) referring the matter to a collection agency; or
2401
(ii) bringing an action in the district court of the county where the person against
2402
whom the penalty is imposed resides or in the county where the office of the
2403
director is located.
2404
(b) A county attorney or the attorney general of the state shall provide legal assistance
2405
and advice to the director in an action to collect a penalty.
2406
(c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2407
action brought by the division to collect a penalty.
2408
Section 23. Section 58-67a-1 is amended to read:
- 71 - 1st Sub. (Green) S.B. 44 02-05 15:26
2409
58-67a-1 . Physicians Education and Enforcement Fund.
2410
(1) There is created an expendable special revenue fund known as the "Physicians
2411
Education and Enforcement Fund."[ to receive and account for revenue and expenditures
2412
for making education available to physicians and surgeons, osteopathic physicians and
2413
surgeons, and naturopathic physicians, concerning the requirements of Title 58,
2414
Occupations and Professions, division rules, and requirements under Title 58, Chapter
2415
37, Utah Controlled Substances Act, and division rules made under that chapter.]
2416
(2) [Administrative ] The division shall deposit penalties ordered and collected [pursuant to]
2417
under this section [shall be deposited in the account] into the Physicians Education and
2418
Enforcement Fund.
2419
(3) The [fund] Physicians Education and Enforcement Fund shall earn interest, and the
2420
division shall deposit all interest earned on account money [shall be deposited ]into the
2421
account.
2422
(4) The director, with the concurrence of the board, may make distributions from the fund
2423
for the following purposes:
2424
(a) [to make available ]education and training[ ] :
2425
(i) that covers:
2426
(A) the requirements of this title;
2427
(B) division rules related to this title;
2428
(C) the requirements of Chapter 37, Utah Controlled Substances Act; and
2429
(D) any division rules related to Chapter 37, Utah Controlled Substances Act; and
2430
(ii) that the division makes available for[ ] :
2431
(A) physicians and surgeons[, ] ;
2432
(B) osteopathic physicians and surgeons[, and] ;
2433
(C) [ ]naturopathic physicians[.] ;
2434
(D) division staff; and
2435
(E) members of the board; and
2436
(b) enforcement of Chapter 67, Utah Medical Practice Act, Chapter 68, Utah
2437
Osteopathic Medical Practice Act, and Chapter 71, Naturopathic Physician Practice
2438
Act, by:
2439
(i) investigating unprofessional or unlawful conduct;
2440
(ii) obtaining legal representation for the division to bring an action against a person
2441
engaging in unprofessional or unlawful conduct; and
2442
(iii) monitoring compliance of renewal requirements.
- 72 - 02-05 15:26 1st Sub. (Green) S.B. 44
2443
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the [excess
2444
shall be transferred ] division shall transfer any amount that exceeds $100,000 to the
2445
General Fund.
2446
(6) The division shall report on the fund annually to the appropriate appropriations
2447
subcommittee of the Legislature.
2448
Section 24. Section 58-68-302 is amended to read:
2449
58-68-302 . Qualifications for licensure.
2450
(1) An applicant for licensure as an osteopathic physician and surgeon, except as set forth
2451
in Subsection (2), shall:
2452
(a) submit an application in a form [prescribed by ]the division approves, which may
2453
include:
2454
(i) submissions by the applicant of information maintained by practitioner data banks,
2455
as designated by division rule, with respect to the applicant;
2456
(ii) a record of professional liability claims made against the applicant and
2457
settlements paid by or on behalf of the applicant; and
2458
(iii) authorization to use a record coordination and verification service approved by
2459
the division in collaboration with the board;
2460
(b) pay a fee determined by the department under Section 63J-1-504;
2461
[(c) if the applicant is applying to participate in the Interstate Medical Licensure
2462
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a
2463
criminal background check in accordance with Section 58-68-302.1 and any
2464
requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2465
Administrative Rulemaking Act;]
2466
(c)(i) consent to, and complete, a criminal background check, described in Section
2467
58-1-301.5;
2468
(ii) meet any other standard related to the criminal background check described in
2469
Subsection (1)(c)(i), that the division establishes by rule in accordance with Title
2470
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2471
(iii) disclose any criminal history the division requests on a form the division
2472
approves;
2473
(d) provide satisfactory documentation of having successfully completed a program of
2474
professional education preparing an individual as an osteopathic physician and
2475
surgeon, as evidenced by:
2476
(i) having received an earned degree of doctor of osteopathic medicine from an AOA
- 73 - 1st Sub. (Green) S.B. 44 02-05 15:26
2477
approved medical school or college; or
2478
(ii) submitting a current certification by the Educational Commission for Foreign
2479
Medical Graduates or any successor organization approved by the division in
2480
collaboration with the board, if the applicant is graduated from an osteopathic
2481
medical school or college located outside of the United States or its territories
2482
which at the time of the applicant's graduation, met criteria for accreditation by the
2483
AOA;
2484
(e) satisfy the division and board that the applicant:
2485
(i) has successfully completed 24 months of progressive resident training in an
2486
ACGME or AOA approved program after receiving a degree of doctor of
2487
osteopathic medicine required under Subsection (1)(d); or
2488
(ii)(A) has successfully completed 12 months of resident training in an ACGME
2489
or AOA approved program after receiving a degree of doctor of osteopathic
2490
medicine as required under Subsection (1)(d);
2491
(B) has been accepted in and is successfully participating in progressive resident
2492
training in an ACGME or AOA approved program within Utah, in the
2493
applicant's second or third year of postgraduate training; and
2494
(C) has agreed to surrender to the division the applicant's license as an osteopathic
2495
physician and surgeon without any proceedings under Title 63G, Chapter 4,
2496
Administrative Procedures Act, and has agreed the applicant's license as an
2497
osteopathic physician and surgeon will be automatically revoked by the
2498
division if the applicant fails to continue in good standing in an ACGME or
2499
AOA approved progressive resident training program within the state;
2500
(f) pass the licensing examination sequence required by division rule, as made in
2501
collaboration with the board;
2502
(g) be able to read, write, speak, understand, and be understood in the English language
2503
and demonstrate proficiency to the satisfaction of the board, if requested by the board;
2504
(h) meet with the board and representatives of the division, if requested for the purpose
2505
of evaluating the applicant's qualifications for licensure;
2506
(i) designate:
2507
(i) a contact person for access to medical records in accordance with the federal
2508
Health Insurance Portability and Accountability Act; and
2509
(ii) an alternate contact person for access to medical records, in the event the original
2510
contact person is unable or unwilling to serve as the contact person for access to
- 74 - 02-05 15:26 1st Sub. (Green) S.B. 44
2511
medical records; and
2512
(j) establish a method for notifying patients of the identity and location of the contact
2513
person and alternate contact person, if the applicant will practice in a location with no
2514
other persons licensed under this chapter.
2515
(2) An applicant for licensure as an osteopathic physician and surgeon by endorsement who
2516
is currently licensed to practice osteopathic medicine in any state other than Utah, a
2517
district or territory of the United States, or Canada shall:
2518
(a) be currently licensed with a full unrestricted license in good standing in any state,
2519
district or territory of the United States, or Canada;
2520
(b) have been actively engaged in the legal practice of osteopathic medicine in any state,
2521
district or territory of the United States, or Canada for not less than 6,000 hours
2522
during the five years immediately preceding the day on which the applicant applied
2523
for licensure in Utah;
2524
(c) comply with the requirements for licensure under Subsections (1)(a) through (d),
2525
(1)(e)(i), and (1)(g) through (j);
2526
(d) have passed the licensing examination sequence required in Subsection (1)(f) or
2527
another medical licensing examination sequence in another state, district or territory
2528
of the United States, or Canada that the division in collaboration with the board by
2529
rulemaking determines is equivalent to [its] the board's own required examination;
2530
(e) not have any investigation or action pending against any health care license of the
2531
applicant, not have a health care license that was suspended or revoked in any state,
2532
district or territory of the United States, or Canada, and not have surrendered a health
2533
care license in lieu of a disciplinary action, unless:
2534
(i) the license was subsequently reinstated as a full unrestricted license in good
2535
standing; or
2536
(ii) the division in collaboration with the board determines, after full disclosure by
2537
the applicant, that:
2538
(A) the conduct has been corrected, monitored, and resolved; or
2539
(B) a mitigating circumstance exists that prevents its resolution, and the division
2540
in collaboration with the board is satisfied that, but for the mitigating
2541
circumstance, the license would be reinstated;
2542
(f) submit to a records review, a practice review history, and physical and psychological
2543
assessments, if requested by the division in collaboration with the board; and
2544
(g) produce evidence that the applicant meets the requirements of this Subsection (2) to
- 75 - 1st Sub. (Green) S.B. 44 02-05 15:26
2545
the satisfaction of the division in collaboration with the board.
2546
(3) An applicant for licensure by endorsement may engage in the practice of medicine
2547
under a temporary license while the division processes the applicant's application for
2548
licensure [is being processed by the division, provided] if:
2549
(a) the applicant submits a complete application required for temporary licensure to the
2550
division;
2551
(b) the applicant submits a written document to the division from:
2552
(i) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care
2553
Facility Licensing and Inspection, stating that the applicant is practicing under the:
2554
(A) invitation of the health care facility; and
2555
(B) the general supervision of a physician practicing at the health care facility; or
2556
(ii) two individuals licensed under this chapter, whose license is in good standing and
2557
who practice in the same clinical location, both stating that:
2558
(A) the applicant is practicing under the invitation and general supervision of the
2559
individual; and
2560
(B) the applicant will practice at the same clinical location as the individual;
2561
(c) the applicant submits a signed certification to the division that the applicant meets
2562
the requirements of Subsection (2);
2563
(d) the applicant does not engage in the practice of medicine until the division [has issued]
2564
issues a temporary license;
2565
(e) the temporary license is [only ]issued for only one year from the date of issuance and
2566
may not be extended or renewed[ beyond the duration of one year from issuance]; and
2567
(f) the temporary license expires immediately and [prior to] before the expiration of one
2568
year from issuance, upon notification from the division that the division denied the
2569
applicant's application for licensure by endorsement[ is denied].
2570
(4) The division shall issue a temporary license under Subsection (3) within 15 business
2571
days after the applicant satisfies the requirements of Subsection (3).
2572
(5) The division may not require a:
2573
(a) post-residency board certification; or
2574
(b) a cognitive test when the physician reaches a specified age, unless the test reflects
2575
the standards described in Subsections 58-67-302(5)(b)(i) through (x).
2576
Section 25. Section 58-68-503 is amended to read:
2577
58-68-503 . Penalties and administrative actions for unlawful and unprofessional
2578
conduct.
- 76 - 02-05 15:26 1st Sub. (Green) S.B. 44
2579
(1) Any person [who ] that violates the unlawful conduct provisions of Section 58-68-501 or
2580
Section 58-1-501 is guilty of a third degree felony.
2581
(2)(a) Subject to Subsection (4), the division may punish unprofessional or unlawful
2582
conduct by:
2583
(i) assessing administrative penalties; or
2584
(ii) taking any other appropriate administrative action.
2585
(b) [A] The division shall deposit a monetary administrative penalty imposed under this
2586
section [shall be deposited ]into the Physician Education and Enforcement Fund [
2587
described] created in Section 58-67a-1.
2588
(3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501, before
2589
an administrative proceeding regarding the same conduct, [the licensee may not be
2590
assessed] the division may not assess an additional administrative fine under this chapter
2591
for the same conduct.
2592
(4)(a) If the division concludes that an individual has violated the provisions of Section
2593
58-68-501, Section 58-68-502, Chapter 1, Division of Professional Licensing Act,
2594
Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect
2595
to these provisions, and disciplinary action is appropriate, the director or director's
2596
designee shall:
2597
(i) issue a citation to the individual;
2598
(ii) attempt to negotiate a stipulated settlement; or
2599
(iii)(A) notify the individual that the division will commence an adjudicative
2600
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures
2601
Act[, will be commenced ] ; and
2602
(B) [ ] invite the individual [is invited ]to appear.
2603
(b) The division may take the following action against an individual who [is in violation
2604
of] violates a provision described in Subsection (4)(a), as evidenced by an
2605
uncontested citation, a stipulated settlement, or a finding of violation in an
2606
adjudicative proceeding:
2607
(i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
2608
violation, whichever is greater, in accordance with a fine schedule established by
2609
rule; or
2610
(ii) order to cease and desist from the behavior that constitutes a violation of
2611
provisions described in Subsection (4)(a).
2612
(c) Except for an administrative fine and a cease and desist order, the division may not
- 77 - 1st Sub. (Green) S.B. 44 02-05 15:26
2613
assess the licensure sanctions cited in Section 58-1-401 [may not be assessed ]
2614
through a citation.
2615
(d) Each citation issued under this section shall:
2616
(i) be in writing;
2617
(ii) clearly describe or explain:
2618
(A) the nature of the violation, including a reference to the provision of the
2619
chapter, rule, or order alleged to have been violated;
2620
(B) that the recipient must notify the division in writing within 20 calendar days
2621
from the day on which the citation is served if the recipient wishes to contest
2622
the citation at a hearing conducted under Title 63G, Chapter 4, Administrative
2623
Procedures Act; and
2624
(C) the consequences of failure to timely contest the citation or pay the fine
2625
assessed by the citation within the time specified in the citation; and
2626
(iii) be served in accordance with the requirements of the Utah Rules of Civil
2627
Procedure.
2628
(e)(i) If the individual to whom [the citation is issued] the division issues the citation
2629
fails to request a hearing to contest the citation within 20 calendar days from the
2630
day on which the citation is served, the citation becomes the final order of the
2631
division and is not subject to further agency review.[ ]
2632
(ii) [The ] The division may extend the period to contest the citation[ may be extended
2633
by the division ]for cause.
2634
(f) The division may refuse to issue or renew or suspend, revoke, or place on probation
2635
the license of an individual who fails to comply with a citation after the citation
2636
becomes final.
2637
(g) The failure of an applicant for licensure to comply with a citation after [it] the citation
2638
becomes final is [a ground] grounds for denial of a license.
2639
(h) [No citation may be issued ] The division may not issue a citation under this section
2640
after the expiration of one year following the date on which the division receives the
2641
report of the violation that is the subject of the citation[ is reported to the division].
2642
(5)(a) The director may collect a penalty imposed under this section that is not paid by:
2643
(i) referring the matter to a collection agency; or
2644
(ii) bringing an action in the district court of the county where the person against
2645
whom the penalty is imposed resides or in the county where the office of the
2646
director is located.
- 78 - 02-05 15:26 1st Sub. (Green) S.B. 44
2647
(b) A county attorney or the attorney general of the state shall provide legal assistance
2648
and advice to the director in an action to collect a penalty.
2649
(c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2650
action brought by the division to collect a penalty.
2651
Section 26. Section 58-69-302 is amended to read:
2652
58-69-302 . Qualifications -- Licensure as a dentist -- Licensure as a dental
2653
hygienist.
2654
(1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall:
2655
(a) submit an application in a form [as prescribed by ]the division approves;
2656
(b) pay a fee as determined by the department under Section 63J-1-504;
2657
(c) provide satisfactory documentation of having successfully completed a program of
2658
professional education preparing an individual as a dentist as evidenced by having
2659
received an earned doctor's degree in dentistry from a dental school accredited by the
2660
Commission on Dental Accreditation of the American Dental Association;
2661
(d) pass the National Board Dental Examinations as administered by the Joint
2662
Commission on National Dental Examinations of the American Dental Association;
2663
(e) pass any regional dental clinical licensure examination approved by division rule
2664
made in collaboration with the board and in accordance with Title 63G, Chapter 3,
2665
Utah Administrative Rulemaking Act;
2666
(f) pass any other examinations regarding applicable law, rules, or ethics as established
2667
by division rule made in collaboration with the board and in accordance with Title
2668
63G, Chapter 3, Utah Administrative Rulemaking Act;
2669
(g) be able to read, write, speak, understand, and be understood in the English language
2670
and demonstrate proficiency to the satisfaction of the board if requested by the board;[
2671
and]
2672
(h) meet with the board if requested by the board or division for the purpose of
2673
examining the applicant's qualifications for licensure[.] ; and
2674
(i)(i) consent to, and complete, a criminal background check, described in Section
2675
58-1-301.5;
2676
(ii) meet any other standard related to the criminal background check described in
2677
Subsection (1)(i)(i), that the division establishes by rule in accordance with Title
2678
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2679
(iii) disclose any criminal history the division requests on a form the division
2680
provides.
- 79 - 1st Sub. (Green) S.B. 44 02-05 15:26
2681
(2) An applicant for licensure as a dentist qualifying under the endorsement provision of
2682
Section 58-1-302 shall:
2683
(a) be currently licensed in good standing with an unrestricted license in another
2684
jurisdiction described in Section 58-1-302;
2685
(b) document having met all requirements for licensure under Subsection (1) except
2686
Subsection (1)(c); and
2687
(c) document having been successfully engaged in clinical practice as a dentist for not
2688
less than 6,000 hours in the five years immediately preceding the date of application
2689
for licensure in Utah.
2690
(3) [An] Except as provided in Subsection (4), an applicant for licensure as a dental hygienist[
2691
, except as set forth in Subsection (4),] shall:
2692
(a) submit an application in a form [as prescribed by ]the division approves;
2693
(b) pay a fee as determined by the department pursuant to Section 63J-1-504;
2694
(c) be a graduate holding a certificate or degree in dental hygiene from a school
2695
accredited by the Commission on Dental Accreditation of the American Dental
2696
Association;
2697
(d) pass the National Board Dental Hygiene Examination as administered by the Joint
2698
Commission on National Dental Examinations of the American Dental Association;
2699
(e) pass an examination consisting of practical demonstrations in the practice of dental
2700
hygiene and written or oral examination in the theory and practice of dental hygiene
2701
as established by division rule made in collaboration with the board;
2702
(f) pass any other examinations regarding applicable law, rules, and ethics as established
2703
by rule by division rule made in collaboration with the board;
2704
(g) be able to read, write, speak, understand, and be understood in the English language
2705
and demonstrate proficiency to the satisfaction of the board if requested by the board;[
2706
and]
2707
(h) meet with the board if requested by the board or division for the purpose of
2708
examining the applicant's qualifications for licensure[.] ; and
2709
(i)(i) consent to, and complete, a criminal background check, described in Section
2710
58-1-301.5;
2711
(ii) meet any other standard related to the criminal background check described in
2712
Subsection (3)(i)(i), that the division establishes by rule in accordance with Title
2713
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2714
(iii) disclose any criminal history the division requests on a form the division
- 80 - 02-05 15:26 1st Sub. (Green) S.B. 44
2715
provides.
2716
(4) An applicant for licensure as a dental hygienist qualifying under the endorsement
2717
provision of Section 58-1-302 shall:
2718
(a) be currently licensed in another jurisdiction set forth in Section 58-1-302;
2719
(b)(i) document having met all requirements for licensure under Subsection (3)
2720
except, an applicant having received licensure in another state or jurisdiction [
2721
prior to] before 1962, the year when the National Board Dental Hygiene
2722
Examinations were first administered, shall document having passed a state
2723
administered examination acceptable to the division in collaboration with the
2724
board; or
2725
(ii) document having obtained licensure in another state or jurisdiction upon which
2726
licensure by endorsement is based [by] upon meeting requirements [which] that
2727
were equal to licensure requirements in Utah at the time the applicant obtained
2728
licensure in the other state or jurisdiction; and
2729
(c) document having been successfully engaged in practice as a dental hygienist for not
2730
less than 2,000 hours in the two years immediately preceding the date of application
2731
for licensure in Utah.
2732
Section 27. Section 58-70a-302 is amended to read:
2733
58-70a-302 . Qualifications for licensure.
2734
Each applicant for licensure as a physician assistant shall:
2735
(1) submit an application in a form[ prescribed by] the division approves;
2736
(2) pay a fee determined by the department under Section 63J-1-504;
2737
(3) have successfully completed a physician assistant program accredited by:
2738
(a) the Accreditation Review Commission on Education for the Physician Assistant; or
2739
(b) if [prior to] before January 1, 2001, either the:
2740
(i) Committee on Accreditation of Allied Health Education Programs; or
2741
(ii) Committee on Allied Health Education and Accreditation;
2742
(4) have passed the licensing examinations required by division rule made in collaboration
2743
with the board;
2744
(5) meet with the board and representatives of the division, if requested, for the purpose of
2745
evaluating the applicant's qualifications for licensure; and
2746
[(6) if the applicant is applying to participate in the PA Licensure Compact under Chapter
2747
70c, PA Licensure Compact, consent to a criminal background check in accordance with
2748
Section 58-70a-301.1 and any requirements established by division rule made in
- 81 - 1st Sub. (Green) S.B. 44 02-05 15:26
2749
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
2750
(6)(a) consent to, and complete, a criminal background check, described in Section
2751
58-1-301.5;
2752
(b) meet any other standard related to the criminal background check described in
2753
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
2754
Chapter 3, Utah Administrative Rulemaking Act; and
2755
(c) disclose any criminal history the division requests on a form the division provides.
2756
Section 28. Section 58-70b-302 is amended to read:
2757
58-70b-302 . Qualifications for licensure.
2758
Each applicant for licensure as an anesthesiologist assistant under this chapter shall:
2759
(1) submit an application on a form [established by ]the division approves;
2760
(2) pay a fee determined by the division under Section 63J-1-504;
2761
(3) provide satisfactory documentation of having graduated from a program certified by the
2762
Commission on Accreditation of Allied Health Education Programs or the commission's
2763
successor organization;
2764
(4) within 12 months of completing the training under Subsection (3), pass the certification
2765
exam offered by the National Commission for Certification of Anesthesiologist
2766
Assistants;[ and]
2767
(5) have the certification described in Subsection (4) at the time of the application and
2768
maintain the certification throughout the term of the license[.] ; and
2769
(6)(a) consent to, and complete, a criminal background check, described in Section
2770
58-1-301.5;
2771
(b) meet any other standard related to the criminal background check described in
2772
Subsection (6)(a), that the division establishes by rule in accordance with Title 63G,
2773
Chapter 3, Utah Administrative Rulemaking Act; and
2774
(c) disclose any criminal history the division requests on a form the division approves.
2775
Section 29. Section 58-71-302 is amended to read:
2776
58-71-302 . Qualifications for licensure.
2777
(1) [An] Except as provided in Subsection (2), an applicant for licensure as a naturopathic
2778
physician[, except as set forth in Subsection (2),] shall:
2779
(a) submit an application in a form [prescribed by ]the division approves, which may
2780
include:
2781
(i) submissions by the applicant of information maintained by practitioner data banks,
2782
as designated by division rule, with respect to the applicant; and
- 82 - 02-05 15:26 1st Sub. (Green) S.B. 44
2783
(ii) a record of professional liability claims made against the applicant and
2784
settlements paid by or [in] on behalf of the applicant;
2785
(b) pay a fee determined by the department under Section 63J-1-504;
2786
(c) provide satisfactory documentation of having successfully completed a program of
2787
professional education preparing an individual as a naturopathic physician, as
2788
evidenced by having received an earned degree of doctor of naturopathic medicine
2789
from:
2790
(i) a naturopathic medical school or college accredited by the Council of
2791
Naturopathic Medical Education or [its] the successor organization approved by
2792
the division;
2793
(ii) a naturopathic medical school or college that is a candidate for accreditation by
2794
the Council of Naturopathic Medical Education or [its] the successor organization,
2795
and is approved by the division, upon a finding there is reasonable expectation the
2796
school or college [will] shall be accredited; or
2797
(iii) a naturopathic medical school or college which, at the time of the applicant's
2798
graduation, met current criteria for accreditation by the Council of Naturopathic
2799
Medical Education or [its] the successor organization approved by the division;
2800
(d) provide satisfactory documentation of having successfully completed, after
2801
successful completion of the education requirements [set forth] described in
2802
Subsection (1)(c), 12 months of clinical experience in naturopathic medicine in a
2803
residency program recognized by the division and associated with an accredited
2804
school or college of naturopathic medicine, and under the preceptorship of a licensed
2805
naturopathic physician, physician and surgeon, or osteopathic physician;
2806
(e) pass the licensing examination sequence required by division rule;
2807
(f) be able to read, write, speak, understand, and be understood in the English language
2808
and demonstrate proficiency to the satisfaction of the division if requested by the
2809
division;[ and]
2810
(g) meet with representatives of the division, if requested, for the purpose of evaluating
2811
the applicant's qualifications for licensure[.] ; and
2812
(h)(i) consent to, and complete, a criminal background check, described in Section
2813
58-1-301.5;
2814
(ii) meet any other standard related to the criminal background check described in
2815
Subsection (1)(h)(i), that the division establishes by rule in accordance with Title
2816
63G, Chapter 3, Utah Administrative Rulemaking Act; and
- 83 - 1st Sub. (Green) S.B. 44 02-05 15:26
2817
(iii) disclose any criminal history the division requests on a form the division
2818
approves.
2819
(2)(a) In accordance with Subsection (2)(b), an applicant for licensure as a naturopathic
2820
physician under the endorsement provision of Section 58-1-302 shall:
2821
(i) meet the requirements of Section 58-1-302;
2822
(ii) document having met all requirements for licensure under Subsection (1) except
2823
the clinical experience requirement of Subsection (1)(d);
2824
(iii) have passed the examination requirements established under Subsection (1)(e)
2825
that:
2826
(A) the applicant has not passed in connection with licensure in another state or
2827
jurisdiction; and
2828
(B) are available to the applicant to take without requiring additional professional
2829
education;
2830
(iv) have been actively engaged in the practice of a naturopathic physician for not
2831
less than 6,000 hours during the five years immediately preceding the date of
2832
application for licensure in Utah; and
2833
(v) meet with representatives of the division for the purpose of evaluating the
2834
applicant's qualifications for licensure.
2835
(b) The division may rely, either wholly or in part, on one or more credentialing
2836
associations designated by division rule to document and certify in writing to the
2837
satisfaction of the division that an applicant has met each of the requirements of this
2838
Subsection (2), including the requirements of Section 58-1-302, and that:
2839
(i) the applicant holds a current license;
2840
(ii) the education, experience, and examination requirements of the foreign country or
2841
the state, district, or territory of the United States that issued the applicant's license
2842
are, or were at the time the license was issued, equal to those of this state for
2843
licensure as a naturopathic physician; and
2844
(iii) the applicant has produced evidence satisfactory to the division of the applicant's
2845
qualifications, identity, and good standing as a naturopathic physician.
2846
Section 30. Section 58-71-402 is amended to read:
2847
58-71-402 . Authority to assess penalty -- Penalty deposited into Physician
2848
Education and Enforcement Fund.
2849
(1) After a proceeding [pursuant to] in accordance with Title 63G, Chapter 4,
2850
Administrative Procedures Act, and Title 58, Chapter 1, Division of Professional
- 84 - 02-05 15:26 1st Sub. (Green) S.B. 44
2851
Licensing Act, the division may impose administrative penalties of up to $10,000 for
2852
acts of unprofessional conduct or unlawful conduct under this chapter.
2853
(2) The division shall deposit an administrative penalty imposed under this section into the
2854
Physician Education and Enforcement Fund created in Section 58-67a-1.
2855
[(2)] (3) Assessment of a penalty under this section does not affect any other action the
2856
division [is authorized to] may take regarding a license issued under this chapter.
2857
Section 31. Section 58-73-302 is amended to read:
2858
58-73-302 . Qualifications for licensure.
2859
(1) Each applicant for licensure as a chiropractic physician, other than [those] an applicant
2860
applying for a license based on licensure as a chiropractor or chiropractic physician in
2861
another jurisdiction, shall:
2862
(a) submit an application in a form[ prescribed by] the division approves;
2863
(b) pay a fee determined by the department under Section 63J-1-504;
2864
(c) demonstrate satisfactory completion of at least two years of general study in a
2865
college or university;
2866
(d) demonstrate having earned a degree of doctor of chiropractic from a chiropractic
2867
college or university that at the time the degree was conferred was accredited by the
2868
Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting
2869
body recognized by the United States Department of Education and by the division
2870
rule made in collaboration with the board;
2871
(e) demonstrate successful completion of:
2872
(i) the National Chiropractic Boards:
2873
(A) Parts I and II;
2874
(B) Written Clinical Competency Examination; and
2875
(C) Physiotherapy;
2876
(ii) the Utah Chiropractic Law and Rules Examination; and
2877
(iii) a practical examination approved by the division in collaboration with the board;[
2878
and]
2879
(f) meet with the board, if requested, for the purpose of reviewing the applicant's
2880
qualifications for licensure[.] ; and
2881
(g)(i) consent to, and complete, a criminal background check, described in Section
2882
58-1-301.5;
2883
(ii) meet any other standard related to the criminal background check described in
2884
Subsection (1)(g)(i), that the division establishes by rule in accordance with Title
- 85 - 1st Sub. (Green) S.B. 44 02-05 15:26
2885
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2886
(iii) disclose any criminal history the division requests on a form the division
2887
approves.
2888
(2) Each applicant for licensure as a chiropractic physician based on licensure as a
2889
chiropractor or chiropractic physician in another jurisdiction shall:
2890
(a) submit an application in the form[ prescribed by] the division approves;
2891
(b) pay a fee determined by the department under Section 63J-1-504;
2892
(c) demonstrate having obtained licensure as a chiropractor or chiropractic physician in
2893
another state under education requirements which were equivalent to the education
2894
requirements in this state to obtain a chiropractor or chiropractic physician license at
2895
the time the applicant obtained the license in the other state;
2896
(d) demonstrate successful completion of:
2897
(i) the Utah Chiropractic Law and Rules Examination; and
2898
(ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
2899
of Chiropractic Examiners;
2900
(e) have been actively engaged in the practice of chiropractic for not less than two years
2901
immediately preceding application for licensure in [this state; and] Utah;
2902
(f) meet with the board, if requested, for the purpose of reviewing the applicant's
2903
qualifications for licensure[.] ; and
2904
(g)(i) consent to, and complete, a criminal background check, described in Section
2905
58-1-301.5;
2906
(ii) meet any other standard related to the criminal background check described in
2907
Subsection (2)(g)(i), that the division establishes by rule in accordance with Title
2908
63G, Chapter 3, Utah Administrative Rulemaking Act; and
2909
(iii) disclose any criminal history the division requests on a form the division
2910
provides.
2911
Section 32. Repealer.
2912
This bill repeals:
2913
Section 58-44a-302.1, Background checks.
2914
Section 58-70a-301.1, Criminal background check.
2915
Section 58-68-302.1, Qualifications for licensure -- Criminal background check.
2916
Section 58-67-302.1, Qualifications for licensure -- Criminal background check.
2917
Section 58-64-302.1, Criminal background check.
2918
Section 58-63-302.1, Criminal background check.
- 86 - 02-05 15:26 1st Sub. (Green) S.B. 44
2919
Section 58-61-304.1, Criminal background check.
2920
Section 58-60-103.1, Criminal background check.
2921
Section 58-55-302.1, Criminal background check.
2922
Section 58-47b-302.1, Criminal background check.
2923
Section 58-42a-302.1, Criminal background check.
2924
Section 58-24b-302.1, Criminal background check.
2925
Section 58-17b-307, Qualification for licensure -- Criminal background checks.
2926
Section 33. Effective Date.
2927
This bill takes effect on May 7, 2025.
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