Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 136 Second Substitute (2016GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• describes requirements for assigning certain claims by a qualified beneficiary;
• provides that the Division of Occupational and Professional Licensing (DOPL) shall comply with the Open and Public Meetings Act;
• modifies provisions related to DOPL's adjudicative proceedings and rulemaking authority;
• permits an esthetics school to provide a certain percent of its curriculum online;
• modifies provisions related to licensure requirements, licensure exemptions, the reinstatement of licenses, grounds for denying licenses, and penalties for the conduct of licensees under DOPL;
• modifies provisions related to access to information in the controlled substance database;
• modifies provisions related to the confidentiality of certain records provided to DOPL; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DIVISION OF OCCUPATIONAL AND PROFESSIONAL
LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill modifies provisions related to occupational and professional licensing. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ describes requirements for assigning certain claims by a qualified beneficiary;
▸ provides that the Division of Occupational and Professional Licensing (DOPL) shall
comply with the Open and Public Meetings Act;
▸ modifies provisions related to DOPL's adjudicative proceedings and rulemaking
authority;
▸ permits an esthetics school to provide a certain percent of its curriculum online;
▸ modifies provisions related to licensure requirements, licensure exemptions, the
reinstatement of licenses, grounds for denying licenses, and penalties for the
conduct of licensees under DOPL;
▸ modifies provisions related to access to information in the controlled substance
database;
▸ modifies provisions related to the confidentiality of certain records provided to
DOPL; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
38-11-203
, as last amended by Laws of Utah 2004, Chapter 42
38-11-204
, as last amended by Laws of Utah 2012, Chapter 278
58-1-106
, as last amended by Laws of Utah 2008, Chapter 382
58-1-109
, as last amended by Laws of Utah 2008, Chapter 382
58-1-302
, as last amended by Laws of Utah 2013, Chapter 262
58-1-307
, as last amended by Laws of Utah 2012, Chapter 150
58-1-308
, as last amended by Laws of Utah 2009, Chapter 183
58-1-401
, as last amended by Laws of Utah 2013, Chapter 262
58-1-502
, as last amended by Laws of Utah 2013, Chapter 262
58-11a-501
, as last amended by Laws of Utah 2009, Chapter 130
58-13-3
, as last amended by Laws of Utah 2014, Chapter 400
58-15-2
, as last amended by Laws of Utah 2011, Chapter 366
58-16a-302
, as last amended by Laws of Utah 2014, Chapter 305
58-17b-610.5
, as enacted by Laws of Utah 2015, Chapter 336
58-24b-301
, as enacted by Laws of Utah 2009, Chapter 220
58-24b-302
, as enacted by Laws of Utah 2009, Chapter 220
58-24b-303
, as last amended by Laws of Utah 2013, Chapter 31
58-26a-501
, as last amended by Laws of Utah 2008, Chapter 265
58-37f-301
, as last amended by Laws of Utah 2015, Chapters 89, 326, and 336
58-37f-601
, as last amended by Laws of Utah 2015, Chapter 326
58-44a-302
, as last amended by Laws of Utah 2009, Chapter 183
58-55-302
, as last amended by Laws of Utah 2015, Chapter 258
58-55-307
, as last amended by Laws of Utah 2008, Chapter 382
58-60-508
, as last amended by Laws of Utah 2013, Chapter 262
58-63-302
, as last amended by Laws of Utah 2013, Chapter 436
58-64-304
, as enacted by Laws of Utah 1995, Chapter 215
58-70a-305
, as last amended by Laws of Utah 2010, Chapter 37
58-74-102
, as last amended by Laws of Utah 2004, Chapter 77
58-77-601
, as last amended by Laws of Utah 2014, Chapter 189
58-81-102
, as enacted by Laws of Utah 2009, Chapter 263
ENACTS:
58-11a-302.5
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
58-64-304
, as enacted by Laws of Utah 1995, Chapter 215
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
38-11-203
 is amended to read:
38-11-203.
Disbursements from the fund -- Limitations.
(1) A payment of any claim upon the fund by a qualified beneficiary shall be made only
upon an order issued by the director finding that:
(a) the claimant was a qualified beneficiary during the construction on a residence;
(b) the claimant complied with the requirements of Section 
38-11-204
; [
and
]
(c) there is adequate money in the fund to pay the amount ordered[
.
]
; and
(d) the claimant provided the qualified services that are the basis of the claim.
(2) A payment of a claim upon the fund by a laborer shall be made only upon an order
issued by the director finding that:
(a) the laborer complied with the requirements of Subsection 
38-11-204
(7); and
(b) there is adequate money in the fund to pay the amount ordered.
(3) (a) An order under this section may be issued only after the division has complied
with the procedures established by rule under Section 
38-11-105
.
(b) The director shall order payment of the qualified services as established by
evidence, or if the claimant has obtained a judgment, then in the amount awarded for qualified
services in the judgment to the extent the qualified services are attributable to the
owner-occupied residence at issue in the claim.
(c) The director shall order payment of interest on amounts claimed for qualified
services based on the current prime interest rate at the time payment was due to the date the
claim is approved for payment except for delays attributable to the claimant but not more than
10% per annum.
(d) The rate shall be the prime lending rate as published in the Wall Street Journal on
the first business day of each calendar year adjusted annually.
(e) The director shall order payment of costs in the amount stated in the judgment. If
the judgment does not state a sum certain for costs, or if no judgment has been obtained, the
director shall order payment of reasonable costs as supported by evidence. The claim
application fee as established by the division pursuant to Subsection 
38-11-204
(1)(b) is not a
reimbursable cost.
(f) If a judgment has been obtained with attorneys' fees, notwithstanding the amount
stated in a judgment, or if no judgment has been obtained but the contract provides for
attorneys' fees, the director shall order payment of attorneys' fees not to exceed 15% of
qualified services. If the judgment does not state a sum for attorneys' fees, no attorneys' fees
will be paid by the director.
(4) (a) Payments made from the fund may not exceed $75,000 per construction project
to qualified beneficiaries and laborers who have claim against the fund for that construction
project.
(b) If claims against the fund for a construction project exceed $75,000, the $75,000
shall be awarded proportionately so that each qualified beneficiary and laborer awarded
compensation from the fund for qualified services shall receive an identical percentage of the
qualified beneficiary's or laborer's award.
(5) Subject to the limitations of Subsection (4), if on the day the order is issued there
are inadequate funds to pay the entire claim and the director determines that the claimant has
otherwise met the requirements of Subsection (1) or (2), the director shall order additional
payments once the fund meets the balance limitations of Section 
38-11-206
.
(6) (a) A payment of any claim upon the fund may not be made to an assignee or
transferee unless an order issued by the director finds that:
(i) the claim is assigned or transferred to a person who is a qualified beneficiary; and
(ii) the person assigning or transferring the claim:
(A) was a qualified beneficiary during the construction on a residence; and
(B) provided the qualified services that are the basis of the claim.
(b) A claimant who is an assignee or transferee of a claim upon the fund under this
Subsection (6) does not have to meet the requirements of Subsections 
38-11-203
(1)(a) and (d).
Section 2. Section 
38-11-204
 is amended to read:
38-11-204.
Claims against the fund -- Requirements to make a claim --
Qualifications to receive compensation -- Qualifications to receive a certificate of
compliance.
(1) To claim recovery from the fund a person shall:
(a) meet the requirements of Subsection (4) or (6);
(b) pay an application fee determined by the division under Section 
63J-1-504
; and
(c) file with the division a completed application on a form provided by the division
accompanied by supporting documents establishing:
(i) that the person meets the requirements of Subsection (4) or (6);
(ii) that the person was a qualified beneficiary or laborer during the construction on the
owner-occupied residence; and
(iii) the basis for the claim.
(2) To recover from the fund, the application required by Subsection (1) shall be filed
no later than one year:
(a) from the date the judgment required by Subsection (4)(d) is entered;
(b) from the date the nonpaying party filed bankruptcy, if the claimant is precluded
from obtaining a judgment or from satisfying the requirements of Subsection (4)(d) because the
nonpaying party filed bankruptcy within one year after the entry of judgment; or
(c) from the date the laborer, trying to recover from the fund, completed the laborer's
qualified services.
(3) The issuance of a certificate of compliance is governed by Section 
38-11-110
.
(4) To recover from the fund, regardless of whether the residence is occupied by the
owner, a subsequent owner, or the owner or subsequent owner's tenant or lessee, a qualified
beneficiary shall establish that:
(a) (i) the owner of the owner-occupied residence or the owner's agent entered into a
written contract with an original contractor licensed or exempt from licensure under Title 58,
Chapter 55, Utah Construction Trades Licensing Act:
(A) for the performance of qualified services;
(B) to obtain the performance of qualified services by others; or
(C) for the supervision of the performance by others of qualified services in
construction on that residence;
(ii) the owner of the owner-occupied residence or the owner's agent entered into a
written contract with a real estate developer for the purchase of an owner-occupied residence;
or
(iii) the owner of the owner-occupied residence or the owner's agent entered into a
written contract with a factory built housing retailer for the purchase of an owner-occupied
residence;
(b) the owner has paid in full the original contractor, licensed or exempt from licensure
under Title 58, Chapter 55, Utah Construction Trades Licensing Act, real estate developer, or
factory built housing retailer under Subsection (4)(a) with whom the owner has a written
contract in accordance with the written contract and any amendments to the contract;
(c) (i) the original contractor, licensed or exempt from licensure under Title 58,
Chapter 55, Utah Construction Trades Licensing Act, the real estate developer, or the factory
built housing retailer subsequently failed to pay a qualified beneficiary who is entitled to
payment under an agreement with that original contractor or real estate developer licensed or
exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for
services performed or materials supplied by the qualified beneficiary;
(ii) a subcontractor who contracts with the original contractor, licensed or exempt from
licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, the real estate
developer, or the factory built housing retailer failed to pay a qualified beneficiary who is
entitled to payment under an agreement with that subcontractor or supplier; or
(iii) a subcontractor who contracts with a subcontractor or supplier failed to pay a
qualified beneficiary who is entitled to payment under an agreement with that subcontractor or
supplier;
(d) (i) unless precluded from doing so by the nonpaying party's bankruptcy filing
within the applicable time, the qualified beneficiary filed an action against the nonpaying party
to recover money owed to the qualified beneficiary within the earlier of:
(A) 180 days from the date the qualified beneficiary filed a notice of claim under
Section 
38-1a-502
; or
(B) 270 days from the completion of the original contract pursuant to Subsection
38-1a-502
(1);
(ii) the qualified beneficiary has obtained a judgment against the nonpaying party who
failed to pay the qualified beneficiary under an agreement to provide qualified services for
construction of that owner-occupied residence;
(iii) [
(A)
] the qualified beneficiary has:
[
(I)
] 
(A)
 obtained from a court of competent jurisdiction the issuance of an order
requiring the judgment debtor, or if a corporation any officer of the corporation, to appear
before the court at a specified time and place to answer concerning the debtor's or corporation's
property;
[
(II)
] 
(B)
 received return of service of the order from a person qualified to serve
documents under the Utah Rules of Civil Procedure, Rule 4(b); [
and
]
[
(III)
] 
(C)
 made reasonable efforts to obtain asset information from the supplemental
proceedings; and
[
(B)
] 
(D)
 if assets subject to execution are discovered as a result of the order required
under 
this
 Subsection (4)(d)(iii)[
(A)
] or for any other reason, [
to obtain
] 
obtained
 the issuance
of a writ of execution from a court of competent jurisdiction; [
or
] 
and
(iv) 
if the nonpaying party has filed bankruptcy,
 the qualified beneficiary timely filed a
proof of claim where permitted in the bankruptcy action[
, if the nonpaying party has filed
bankruptcy
];
(e) the qualified beneficiary is not entitled to reimbursement from any other person;
and
(f) the qualified beneficiary provided qualified services to a contractor, licensed or
exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act.
(5) The requirements of Subsections (4)(d)(ii) and (iii) need not be met if the qualified
beneficiary is prevented from compliance because the nonpaying party files bankruptcy.
(6) To recover from the fund a laborer shall:
(a) establish that the laborer has not been paid wages due for the work performed at the
site of a construction on an owner-occupied residence; and
(b) provide any supporting documents or information required by rule by the division.
(7) A fee determined by the division under Section 
63J-1-504
 shall be deducted from
any recovery from the fund received by a laborer.
(8) The requirements of Subsections (4)(a) and (b) may be satisfied if an owner or
agent of the owner establishes to the satisfaction of the director that the owner of the
owner-occupied residence or the owner's agent entered into a written contract with an original
contractor who:
(a) was a business entity that was not licensed under Title 58, Chapter 55, Utah
Construction Trades Licensing Act, but was solely or partly owned by an individual who was
licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act; or
(b) was a natural person who was not licensed under Title 58, Chapter 55, Utah
Construction Trades Licensing Act, but who was the sole or partial owner and qualifier of a
business entity that was licensed under Title 58, Chapter 55, Utah Construction Trades
Licensing Act.
(9) The director shall have equitable power to determine if the requirements of
Subsections (4)(a) and (b) have been met, but any decision by the director under this chapter
shall not alter or have any effect on any other decision by the division under Title 58,
Occupations and Professions.
Section 3. Section 
58-1-106
 is amended to read:
58-1-106.
Division -- Duties, functions, and responsibilities.
(1) The duties, functions, and responsibilities of the division include the following:
(a) prescribing, adopting, and enforcing rules to administer this title;
(b) investigating the activities of any person whose occupation or profession is
regulated or governed by the laws and rules administered and enforced by the division;
(c) subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum
the production of any books, papers, documents, records, contracts, recordings, tapes,
correspondence, or information relevant to an investigation upon a finding of sufficient need by
the director or by the director's designee;
(d) taking administrative and judicial action against persons in violation of the laws
and rules administered and enforced by the division, including the issuance of cease and desist
orders;
(e) seeking injunctions and temporary restraining orders to restrain unauthorized
activity;
(f) [
giving public notice of board meetings
] 
complying with Title 52, Chapter 4, Open
and Public Meetings Act
 ;
[
(g) keeping records of board meetings, proceedings, and actions and making those
records available for public inspection upon request;
]
[
(h)
] 
(g)
 issuing, refusing to issue, revoking, suspending, renewing, refusing to renew,
or otherwise acting upon any license;
[
(i)
] 
(h)
 preparing and submitting to the governor and the Legislature an annual report
of the division's operations, activities, and goals;
[
(j)
] 
(i)
 preparing and submitting to the executive director a budget of the expenses for
the division;
[
(k)
] 
(j)
 establishing the time and place for the administration of examinations; and
[
(l)
] 
(k)
 preparing lists of licensees and making these lists available to the public at cost
upon request unless otherwise prohibited by state or federal law.
(2) The division may not include home telephone numbers or home addresses of
licensees on the lists prepared under Subsection (1)[
(l)
]
(k)
, except as otherwise provided by
rules of the division made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(3) (a) The division may provide the home address or home telephone number of a
licensee on a list prepared under Subsection (1) upon the request of an individual who provides
proper identification and the reason for the request, in writing, to the division.
(b) A request under Subsection (3)(a) is limited to providing information on only one
licensee per request.
(c) The division shall provide, by rule, what constitutes proper identification under
Subsection (3)(a).
Section 4. Section 
58-1-109
 is amended to read:
58-1-109.
Presiding officers -- Content of orders -- Recommended orders -- Final
orders -- Appeal of orders.
(1) Unless otherwise specified by statute or rule, the presiding officer for adjudicative
proceedings before the division shall be the director. However, pursuant to Title 63G, Chapter
4, Administrative Procedures Act, the director may designate in writing an individual or body
of individuals to act as presiding officer to conduct or to assist the director in conducting any
part or all of an adjudicative proceeding.
(2) Unless otherwise specified by the director, an administrative law judge shall be
designated as the presiding officer to conduct formal adjudicative proceedings in accordance
with Subsection 
63G-4-102
(4), Sections 
63G-4-204
 through 
63G-4-207
, and 
63G-4-209
.
(3) Unless otherwise specified by the director, the licensing board of the occupation or
profession that is the subject of the proceedings shall be designated as the presiding officer to
serve as fact finder at the evidentiary hearing in a formal adjudicative proceeding.
(4) At the close of an evidentiary hearing in an adjudicative proceeding, unless
otherwise specified by the director, the presiding officer who served as the fact finder at the
hearing shall issue a recommended order based upon the record developed at the hearing
determining all issues pending before the division.
(5) (a) The director shall issue a final order affirming the recommended order or
modifying or rejecting all or any part of the recommended order and entering new findings of
fact, conclusions of law, statement of reasons, and order based upon the director's personal
attendance at the hearing or a review of the record developed at the hearing. Before modifying
or rejecting a recommended order, the director shall consult with the presiding officer who
issued the recommended order.
(b) If the director issues a final order modifying or rejecting a recommended order, the
licensing board of the occupation or profession that is the subject of the proceeding may, by a
two-thirds majority vote of all board members, petition the executive director or designee
within the department to review the director's final order. The executive director's decision
shall become the final order of the division. This subsection does not limit the right of the
parties to appeal the director's final order by filing a request for agency review under
Subsection (8).
(6) If the director is unable for any reason to rule upon a recommended order of a
presiding officer, the director may designate another person within the division to issue a final
order.
(7) If the director or the director's designee does not 
initiate additional fact finding or
issue a final order within 20 calendar days after the date of the recommended order of the
presiding officer, the recommended order becomes the final order of the director or the
director's designee.
(8) The final order of the director may be appealed by filing a request for agency
review with the executive director or the executive director's designee within the department.
(9) The content of all orders shall comply with the requirements of Subsection
63G-4-203
(1)(i) and Sections 
63G-4-208
 and 
63G-4-209
.
Section 5. Section 
58-1-302
 is amended to read:
58-1-302.
License by endorsement.
(1) 
(a)
 The division may issue a license without examination to a person who has been
licensed in a state, district, or territory of the United States, or in a foreign country, where the
education, experience, and examination requirements are, or were at the time the license was
issued, substantially equal to the requirements of this state.
 (b) The division, in consultation with the applicable licensing board, may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
requirements of this Subsection (1). 
(2) Before a person may be issued a license under this section, the person shall produce
satisfactory evidence of the person's identity, qualifications, and good standing in the
occupation or profession for which licensure is sought.
Section 6. Section 
58-1-307
 is amended to read:
58-1-307.
Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following individuals may
engage in the practice of their occupation or profession, subject to the stated circumstances and
limitations, without being licensed under this title:
(a) an individual serving in the armed forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or other federal
agencies while engaged in activities regulated under this chapter as a part of employment with
that federal agency if the individual holds a valid license to practice a regulated occupation or
profession issued by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation or
profession while in training in a recognized school approved by the division to the extent the
activities are supervised by qualified faculty, staff, or designee and the activities are a defined
part of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
fellowship, apprenticeship, or on-the-job training program approved by the division while
under the supervision of qualified individuals;
(d) an individual residing in another state and licensed to practice a regulated
occupation or profession in that state, who is called in for a consultation by an individual
licensed in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or other
body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
regulated occupation or profession if the individual does not establish a place of business or
regularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, to
practice or engage in an occupation or profession, while engaged in the lawful, professional,
and competent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs that
profession while attending to the immediate needs of a patient for a reasonable period during
which the patient is being transported from outside of this state, into this state, or through this
state;
(h) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the practitioner may only attend to
the needs of the athletic team or group, including all individuals who travel with the team or
group in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that may
exceed the ability of this state to address through its licensees, as determined by the division;
and
(iii) for a limited period of time not to exceed the duration of that event, together with
any necessary preparatory and conclusionary periods; 
and
[
(j) a law enforcement officer, as defined under Section 
53-13-103
, who:
]
[
(i) is operating a voice stress analyzer in the course of the officer's full-time
employment with a federal, state, or local law enforcement agency;
]
[
(ii) has completed the manufacturer's training course and is certified by the
manufacturer to operate that voice stress analyzer; and
]
[
(iii) is operating the voice stress analyzer in accordance with Section 
58-64-601
,
regarding deception detection instruments; and
]
[
(k)
] 
(j)
 the spouse of an individual serving in the armed forces of the United States
while the individual is stationed within this state, provided:
(i) the spouse holds a valid license to practice a regulated occupation or profession
issued by any other state or jurisdiction recognized by the division; and
(ii) the license is current and the spouse is in good standing in the state of licensure.
(2) (a) A practitioner temporarily in this state who is exempted from licensure under
Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
practitioner derives authority to practice.
(b) Violation of a limitation imposed by this section constitutes grounds for removal of
exempt status, denial of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice or
engage in an occupation or profession may engage in the lawful, professional, and competent
practice of that occupation or profession without additional licensure under other chapters of
this title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public health
emergency as defined in Section 
26-23b-102
, or a declaration by the president of the United
States or other federal official requesting public health-related activities, the division in
collaboration with the board may:
(a) suspend the requirements for permanent or temporary licensure of individuals who
are licensed in another state for the duration of the emergency while engaged in the scope of
practice for which they are licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection
(5), the scope of practice restrictions under this title for individuals who are licensed under this
title as:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
Compact;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
Pharmacy Practice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
Practice Act; and
(vii) a physician assistant under Chapter 70a, Physician Assistant Act;
(c) suspend the requirements for licensure under this title and modify the scope of
practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
services personnel or paramedics required to be certified under Section 
26-8a-302
;
(d) suspend requirements in Subsections 
58-17b-620
(3) through (6) which require
certain prescriptive procedures;
(e) exempt or modify the requirement for licensure of an individual who is activated as
a member of a medical reserve corps during a time of emergency as provided in Section
26A-1-126
; and
(f) exempt or modify the requirement for licensure of an individual who is registered as
a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
Volunteer Health Practitioners Act.
(5) Individuals exempt under Subsection (4)(c) and individuals operating under
modified scope of practice provisions under Subsection (4)(b):
(a) are exempt from licensure or subject to modified scope of practice for the duration
of the emergency;
(b) must be engaged in the distribution of medicines or medical devices in response to
the emergency or declaration; and
(c) must be employed by or volunteering for:
(i) a local or state department of health; or
(ii) a host entity as defined in Section 
26-49-102
.
(6) In accordance with the protocols established under Subsection (8), upon the
declaration of a national, state, or local emergency, the Department of Health or a local health
department shall coordinate with public safety authorities as defined in Subsection
26-23b-110
(1) and may:
(a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
controlled substance to prevent or treat a disease or condition that gave rise to, or was a
consequence of, the emergency; or
(b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
a controlled substance:
(i) if necessary, to replenish a commercial pharmacy in the event that the commercial
pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
is exhausted; or
(ii) for dispensing or direct administration to treat the disease or condition that gave
rise to, or was a consequence of, the emergency by:
(A) a pharmacy;
(B) a prescribing practitioner;
(C) a licensed health care facility;
(D) a federally qualified community health clinic; or
(E) a governmental entity for use by a community more than 50 miles from a person
described in Subsections (6)(b)(ii)(A) through (D).
(7) In accordance with protocols established under Subsection (8), upon the declaration
of a national, state, or local emergency, the Department of Health shall coordinate the
distribution of medications:
(a) received from the strategic national stockpile to local health departments; and
(b) from local health departments to emergency personnel within the local health
departments' geographic region.
(8) The Department of Health shall establish by rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
not a controlled substance in the event of a declaration of a national, state, or local emergency. 
The protocol shall establish procedures for the Department of Health or a local health
department to:
(a) coordinate the distribution of:
(i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
controlled substance received by the Department of Health from the strategic national stockpile
to local health departments; and
(ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
medication received by a local health department to emergency personnel within the local
health department's geographic region;
(b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
an antibiotic, or other prescription medication that is not a controlled substance to the contact
of a patient[
, as defined in Section 
26-6-2
,
] without a patient-practitioner relationship, if the
contact's condition is the same as that of the physician's patient; and
(c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
an antibiotic, or other non-controlled prescription medication to an individual who:
(i) is working in a triage situation;
(ii) is receiving preventative or medical treatment in a triage situation;
(iii) does not have coverage for the prescription in the individual's health insurance
plan;
(iv) is involved in the delivery of medical or other emergency services in response to
the declared national, state, or local emergency; or
(v) otherwise has a direct impact on public health.
(9) The Department of Health shall give notice to the division upon implementation of
the protocol established under Subsection (8).
Section 7. Section 
58-1-308
 is amended to read:
58-1-308.
Term of license -- Expiration of license -- Renewal of license --
Reinstatement of license -- Application procedures.
(1) (a) Each license issued under this title shall be issued in accordance with a two-year
renewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintain
established renewal cycles or to change an established renewal cycle.
(2) (a) The expiration date of a license shall be shown on the license.
(b) A license that is not renewed prior to the expiration date shown on the license
automatically expires.
(c) A license automatically expires prior to the expiration date shown on the license
upon the death of a licensee who is a natural person, or upon the dissolution of a licensee that is
a partnership, corporation, or other business entity.
(d) If the existence of a dissolved partnership, corporation, or other business entity is
reinstated prior to the expiration date shown upon the entity's expired license issued by the
division, the division shall, upon written application, reinstate the applicant's license, unless it
finds that the applicant no longer meets the qualifications for licensure.
(e) Expiration of licensure is not an adjudicative proceeding under Title 63G, Chapter
4, Administrative Procedures Act.
(3) (a) The division shall notify each licensee in accordance with procedures
established by rule that the licensee's license is due for renewal and that unless an application
for renewal is received by the division by the expiration date shown on the license, together
with the appropriate renewal fee and documentation showing completion of or compliance with
renewal qualifications, the license will not be renewed.
(b) Examples of renewal qualifications which by statute or rule the division may
require the licensee to document completion of or compliance with include:
(i) continuing education;
(ii) continuing competency;
(iii) quality assurance;
(iv) utilization plan and protocol;
(v) financial responsibility;
(vi) certification renewal; and
(vii) calibration of equipment.
(4) (a) (i) An application for renewal that complies with Subsection (3) is complete.
(ii) A renewed license shall be issued to applicants who submit a complete application,
unless it is apparent to the division that the applicant no longer meets the qualifications for
continued licensure.
(b) (i) The division may evaluate or verify documentation showing completion of or
compliance with renewal requirements on an entire population or a random sample basis, and
may be assisted by advisory peer committees.
(ii) If necessary, the division may complete its evaluation or verification subsequent to
renewal and, if appropriate, pursue action to suspend or revoke the license of a licensee who no
longer meets the qualifications for continued licensure.
(c) The application procedures specified in Subsection 
58-1-301
(2), apply to renewal
applications to the extent they are not in conflict with this section.
(5) (a) Any license that is not renewed may be reinstated [
at any time within two years
after nonrenewal
]
:
(i)
 upon submission of an application for reinstatement, payment of the renewal fee
together with a reinstatement fee determined by the department under Section 
63J-1-504
, and
upon submission of documentation showing completion of or compliance with renewal
qualifications[
.
]
; and
(ii) (A) at any time within two years after nonrenewal; or
(B) between two years and five years after nonrenewal, if established by rule made by
the division in consultation with the applicable licensing board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(b) The application procedures specified in Subsection 
58-1-301
(2) apply to the
reinstatement applications to the extent they are not in conflict with this section.
(c) Except as otherwise provided by rule, a license that is reinstated no later than 120
days after it expires shall be retroactively reinstated to the date it expired.
(6) (a) [
If
] 
Except as provided in Subsection (5)(a), if
 not reinstated within two years,
the holder may obtain a license only if the holder meets requirements provided by the division
by rule or by statute for a new license.
(b) Each licensee under this title who has been active in the licensed occupation or
profession while in the full-time employ of the United States government or under license to
practice that occupation or profession in any other state or territory of the United States may
reinstate the licensee's license without taking an examination by submitting an application for
reinstatement, paying the current annual renewal fee and the reinstatement fee, and submitting
documentation showing completion of or compliance with any renewal qualifications at any
time within six months after reestablishing domicile within Utah or terminating full-time
government service.
Section 8. Section 
58-1-401
 is amended to read:
58-1-401.
Grounds for denial of license -- Disciplinary proceedings -- Time
limitations -- Sanctions.
(1) The division shall refuse to issue a license to an applicant and shall refuse to renew
or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a
licensee who does not meet the qualifications for licensure under this title.
(2) The division may refuse to issue a license to an applicant and may refuse to renew
or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise
act upon the license of a licensee for the following reasons:
(a) the applicant or licensee has engaged in unprofessional conduct, as defined by
statute or rule under this title;
(b) the applicant or licensee has engaged in unlawful conduct as defined by statute
under this title;
(c) the applicant or licensee has been determined to be mentally incompetent by a court
of competent jurisdiction; or
(d) the applicant or licensee is unable to practice the occupation or profession with
reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
chemicals, or other type of material, or as a result of a mental or physical condition, when the
condition demonstrates a threat or potential threat to the public health, safety, or welfare.
(3) A licensee whose license to practice an occupation or profession regulated by this
title has been suspended, revoked, placed on probation, or restricted may apply for
reinstatement of the license at reasonable intervals and upon compliance with conditions
imposed upon the licensee by statute, rule, or terms of the license suspension, revocation,
probation, or restriction.
(4) The division may issue cease and desist orders to:
(a) a licensee or applicant who may be disciplined under Subsection (1) or (2);
(b) a person who engages in or represents that the person is engaged in an occupation
or profession regulated under this title; and
(c) a person who otherwise violates this title or a rule adopted under this title.
(5) The division may impose an administrative penalty in accordance with Section
58-1-502
.
(6) (a) The division may not take disciplinary action against a person for
unprofessional or unlawful conduct under this title, unless the division enters into a stipulated
agreement or initiates an adjudicative proceeding regarding the conduct within four years after
the conduct is reported to the division, except under Subsection (6)(b).
(b) 
(i)
 The division may not take disciplinary action against a person for unprofessional
or unlawful conduct more than 10 years after the occurrence of the conduct, unless the
proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
initiated within one year following the judgment or settlement.
(ii) Notwithstanding Subsection (6)(b)(i), the division may refuse to issue a license due
to unprofessional or unlawful conduct that occurred more than 10 years before a request or
application for licensure is made.
Section 9. Section 
58-1-502
 is amended to read:
58-1-502.
Unlawful and unprofessional conduct -- Penalties.
(1) Unless otherwise specified in this title, a person who violates the unlawful conduct
provisions defined in this title is guilty of a class A misdemeanor.
(2) (a) In addition to any other statutory penalty for a violation related to a specific
occupation or profession regulated by this title, if upon inspection or investigation, the division
concludes that a person has violated Subsection 
58-1-501
(1)(a), (1)(c), or (2)(o), or a rule or
order issued with respect to those subsections, and that disciplinary action is appropriate, the
director or the director's designee from within the division shall promptly:
(i) issue a citation to the person according to this section and any pertinent rules;
(ii) attempt to negotiate a stipulated settlement; or
(iii) notify the person to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act.
(b) (i) The division may assess a fine under this Subsection (2) against a person who
violates Subsection 
58-1-501
(1)(a), (1)(c), or (2)(o), or a rule or order issued with respect to
those subsections, as evidenced by:
(A) an uncontested citation;
(B) a stipulated settlement; or
(C) a finding of a violation in an adjudicative proceeding.
(ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
order the person to cease and desist from violating Subsection 
58-1-501
(1)(a), (1)(c), or (2)(o),
or a rule or order issued with respect to those subsections.
(c) Except for a cease and desist order, the division may not assess the licensure
sanctions cited in Section 
58-1-401
 through a citation.
(d) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to the
provision of the chapter, rule, or order alleged to have been violated;
(iii) clearly state that the recipient must notify the division in writing within 20
calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to make
payment of a fine assessed by the citation within the time specified in the citation.
(e) The division may issue a notice in lieu of a citation.
(f) (i) If within 20 calendar days from the service of the citation, the person to whom
the citation was issued fails to request a hearing to contest the citation, the citation becomes the
final order of the division and is not subject to further agency review.
(ii) The period to contest a citation may be extended by the division for cause.
(g) The division may refuse to issue or renew, suspend, revoke, or place on probation
the license of a licensee who fails to comply with a citation after it becomes final.
(h) The failure of an applicant for licensure to comply with a citation after it becomes
final is a ground for denial of license.
(i) The division may not issue a citation under this section after the expiration of [
six
months
] 
one year
 following the occurrence of a violation.
(j) The director or the director's designee shall assess fines according to the following:
(i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
and
(iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
$2,000 for each day of continued offense.
(3) (a) An action for a first or second offense that has not yet resulted in a final order of
the division may not preclude initiation of a subsequent action for a second or subsequent
offense during the pendency of a preceding action.
(b) The final order on a subsequent action is considered a second or subsequent
offense, respectively, provided the preceding action resulted in a first or second offense,
respectively.
(4) (a) The director may collect a penalty that is not paid by:
(i) either referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county where the person against whom
the penalty is imposed resides or in the county where the office of the director is located.
(b) A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect the penalty.
(c) A court may award reasonable attorney fees and costs to the division in an action
brought by the division to enforce the provisions of this section.
Section 10. Section 
58-11a-302.5
 is enacted to read:
 58-11a-302.5.
Qualification for licensure as an esthetics school -- Online
curriculum.
(1) An applicant for licensure as an esthetics school under Subsection 
58-11a-302
(13)
and an esthetics school licensed under this chapter may offer up to 30% of its total curriculum
online:
(a) for instruction in theory; and
(b) in accordance with standards adopted by nationally recognized accrediting
organizations.
(2) The provisions of this section do not:
(a) require the board to allow other schools licensed under this chapter to offer
curriculum online; or
(b) limit the authority of the board to allow other schools licensed under this chapter to
offer curriculum online.
Section 11. Section 
58-11a-501
 is amended to read:
58-11a-501.
Unprofessional conduct.
Unprofessional conduct includes:
(1) failing as a licensed school to obtain or maintain accreditation as required by rule;
(2) failing as a licensed school to comply with the standards of accreditation applicable
to such schools;
(3) failing as a licensed school to provide adequate instruction to enrolled students;
(4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
(5) failing as an instructor to provide direct supervision to students 
who are providing
services to an individual
 under [
their instruction
] 
the instructor's supervision
;
(6) failing as an apprentice supervisor to comply with division rules relating to
apprenticeship programs under this chapter;
(7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
unsanitary condition;
(8) failing to comply with Title 26, Utah Health Code;
(9) failing to display licenses or certificates as required under Section 
58-11a-305
;
(10) failing to comply with physical facility requirements established by rule;
(11) failing to maintain mechanical or electrical equipment in safe operating condition;
(12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
showers, or saunas;
(13) prescribing or administering prescription drugs;
(14) failing to comply with all applicable state and local health or sanitation laws;
(15) engaging in any act or practice in a professional capacity that is outside the
applicable scope of practice;
(16) engaging in any act or practice in a professional capacity which the licensee is not
competent to perform through education or training;
(17) in connection with the use of a chemical exfoliant, unless under the supervision of
a licensed health care practitioner acting within the scope of his or her license:
(a) using any acid, concentration of an acid, or combination of treatments which
violates the standards established by rule;
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
(c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
(18) in connection with the sanding of the skin, unless under the supervision of a
licensed health care practitioner acting within the scope of his or her license, removing any
layer of skin deeper than the stratum corneum of the epidermis; or
(19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or
intense, pulsed light source, except that nothing in this chapter precludes an individual licensed
under this chapter from using a nonprescriptive laser device.
Section 12. Section 
58-13-3
 is amended to read:
58-13-3.
Qualified immunity -- Health professionals -- Charity care.
(1) (a) (i) The Legislature finds many residents of this state do not receive medical care
and preventive health care because they lack health insurance or because of financial
difficulties or cost.
(ii) The Legislature also finds that many physicians, charity health care facilities, and
other health care professionals in this state would be willing to volunteer medical and allied
services without compensation if they were not subject to the high exposure of liability
connected with providing these services.
(b) The Legislature therefore declares that its intention in enacting this section is to
encourage the provision of uncompensated volunteer charity health care in exchange for a
limitation on liability for the health care facilities and health care professionals who provide
those volunteer services.
(2) As used in this section:
(a) "Health care facility" means any clinic or hospital, church, or organization whose
primary purpose is to sponsor, promote, or organize uncompensated health care services for
people unable to pay for health care services.
(b) "Health care professional" means a person licensed under:
(i) Chapter 5a, Podiatric Physician Licensing Act;
(ii) Chapter 16a, Utah Optometry Practice Act;
(iii) Chapter 17b, Pharmacy Practice Act;
(iv) Chapter 24b, Physical Therapy Practice Act;
(v) Chapter 31b, Nurse Practice Act;
(vi) Chapter 40, Recreational Therapy Practice Act;
(vii) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(viii) Chapter 42a, Occupational Therapy Practice Act;
(ix) Chapter 44a, Nurse Midwife Practice Act;
(x) Chapter 49, Dietitian Certification Act;
(xi) Chapter 60, Mental Health Professional Practice Act;
(xii) Chapter 67, Utah Medical Practice Act;
(xiii) Chapter 68, Utah Osteopathic Medical Practice Act;
(xiv) Chapter 69, Dentist and Dental Hygienist Practice Act;
(xv) Chapter 70a, Physician Assistant Act; [
and
]
(xvi) Chapter 71, Naturopathic Physician Practice Act; and
[
(xvi)
] 
(xvii)
 Chapter 73, Chiropractic Physician Practice Act.
(c) "Remuneration or compensation":
(i) (A) means direct or indirect receipt of any payment by a health care professional or
health care facility on behalf of the patient, including payment or reimbursement under
Medicare or Medicaid, or under the state program for the medically indigent on behalf of the
patient; and
(B) compensation, salary, or reimbursement to the health care professional from any
source for the health care professional's services or time in volunteering to provide
uncompensated health care; and
(ii) does not mean:
(A) any grant or donation to the health care facility used to offset direct costs
associated with providing the uncompensated health care such as:
(I) medical supplies;
(II) drugs; or
(III) a charitable donation that is restricted for charitable services at the health care
facility; or
(B) incidental reimbursements to the volunteer such as:
(I) food supplied to the volunteer;
(II) clothing supplied to the volunteer to help identify the volunteer during the time of
volunteer services;
(III) mileage reimbursement to the volunteer; or
(IV) other similar support to the volunteer.
(3) A health care professional who provides health care treatment at or on behalf of a
health care facility is not liable in a medical malpractice action if:
(a) the treatment was within the scope of the health care professional's license under
this title;
(b) neither the health care professional nor the health care facility received
compensation or remuneration for the treatment;
(c) the acts or omissions of the health care professional were not grossly negligent or
willful and wanton; and
(d) prior to rendering services:
(i) the health care professional disclosed in writing to the patient, or if a minor, to the
patient's parent or legal guardian, that the health care professional is providing the services
without receiving remuneration or compensation; and
(ii) the patient consented in writing to waive any right to sue for professional
negligence except for acts or omissions which are grossly negligent or are willful and wanton.
(4) A health care facility which sponsors, promotes, or organizes the uncompensated
care is not liable in a medical malpractice action for acts and omissions if:
(a) the health care facility meets the requirements in Subsection (3)(b);
(b) the acts and omissions of the health care facility were not grossly negligent or
willful and wanton; and
(c) the health care facility has posted, in a conspicuous place, a notice that in
accordance with this section the health care facility is not liable for any civil damages for acts
or omissions except for those acts or omissions that are grossly negligent or are willful and
wanton.
(5) A health care professional who provides health care treatment at a federally
qualified health center, as defined in Subsection 1905(1)(2)(b) of the Social Security Act, or an
Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health
Care Improvement Act, is not liable in a medical malpractice action if:
(a) the treatment was within the scope of the health care professional's license under
this title;
(b) the health care professional:
(i) does not receive compensation or remuneration for treatment provided to any
patient that the provider treats at the federally qualified health center, the Indian health clinic,
or the Urban Indian Health Center; and
(ii) is not eligible to be included in coverage under the Federal Tort Claims Act for the
treatment provided at the federally qualified health center, the Indian health clinic, or the Urban
Indian Health Center;
(c) the acts or omissions of the health care professional were not grossly negligent or
willful and wanton; and
(d) prior to rendering services:
(i) the health care professional disclosed in writing to the patient, or if a minor, to the
patient's parent or legal guardian, that the health care professional is providing the services
without receiving remuneration or compensation; and
(ii) the patient consented in writing to waive any right to sue for professional
negligence except for acts or omissions that are grossly negligent or are willful and wanton.
(6) Immunity from liability under this section does not extend to the use of general
anesthesia or care that requires an overnight stay in a general acute or specialty hospital
licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
(7) The provisions of Subsection (5) apply to treatment provided by a healthcare
professional on or after May 13, 2014.
Section 13. Section 
58-15-2
 is amended to read:
58-15-2.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Administrator" means a person who is charged with the general administration of a
health facility, regardless of whether that person has an ownership interest in the facility and
whether his functions and duties are shared with one or more persons.
(2) "Board" means the Health Facility Administrators Licensing Board created in
Section 
58-15-3
.
(3) "Health facility" means a skilled nursing facility, an intermediate care facility, or an
intermediate care facility for [
people
] 
individuals
 with an intellectual disability.
(4) "Intermediate care facility" means an institution [
which
] 
that
 provides, on a regular
basis, health care and services to [
persons
] 
individuals
 who do not require the degree of care
and treatment a hospital or skilled nursing facility [
provide
] 
provides
, but who require health
care and services in addition to room and board.
(5) "Intermediate care facility for people with an intellectual disability" means an
institution [
which
] 
that
 provides, on a regular basis, health-related care and service to [
mentally
retarded individuals or persons
] 
individuals with intellectual disabilities as defined in Section
68-3-12.5
 or individuals
 with related conditions, who do not require the degree of care and
treatment a hospital or skilled nursing facility [
provide
] 
provides
, but who require
health-related care and services above the need for room and board.
(6) "Skilled nursing facility" means an institution primarily providing inpatients with
skilled nursing care and related services on a continuing basis for patients who require mental,
medical, or nursing care, or service for the rehabilitation of an injured [
person
] 
individual
, a
sick [
person
] 
individual
, or [
a person
] 
an individual
 with a disability.
(7) "Unprofessional conduct" as defined in Section 
58-1-501
 and as may be further
defined by rule includes:
(a) intentionally filing a false report or record, intentionally failing to file a report or
record required by state or federal law, or wilfully impeding or obstructing the filing of a
required report. These reports or records only include those which are signed in the capacity of
a licensed health facility administrator; and
(b) acting in a manner inconsistent with the health and safety of the patients of the
health facility in which he is the administrator.
Section 14. Section 
58-16a-302
 is amended to read:
58-16a-302.
Qualifications for licensure.
(1) An applicant for licensure as an optometrist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the division under Section 
63J-1-504
;
(c) be of good moral character;
(d) (i) be a doctoral graduate of a recognized school of optometry accredited by the
American Optometric Association's Accreditation Council on Optometric Education; or
(ii) be a graduate of a school of optometry located outside the United States that meets
the criteria that would qualify the school for accreditation under Subsection (1)(d)(i), as
demonstrated by the applicant for licensure;
(e) if the applicant graduated from a recognized school of optometry prior to July 1,
1996, have successfully completed a course of study satisfactory to the division, in consultation
with the board, in general and ocular pharmacology and emergency medical care;
(f) have passed examinations approved by the division in consultation with the board
that include:
(i) a standardized national optometry examination;
(ii) a standardized clinical examination; 
and
(iii) a standardized national therapeutics examination; and
[
(iv) the Utah Optometry Law Examination; and
]
(g) meet with the board and representatives of the division, if requested by either party,
for the purpose of evaluating the applicant's qualifications for licensure.
(2) Notwithstanding Subsection (1) and Section 
58-1-302
, the division shall issue a
license under this chapter by endorsement to an individual who:
(a) submits an application for licensure by endorsement on a form approved by the
division;
(b) pays a fee established by the division in accordance with Section 
63J-1-504
;
(c) provides satisfactory evidence to the division that the individual is of good moral
character;
(d) verifies that the individual is licensed as an optometrist in good standing in each
state of the United States, or province of Canada, in which the individual is currently licensed
as an optometrist; and
(e) has been actively engaged in the legal practice of optometry for at least 3,200 hours
during the immediately preceding two years in a manner consistent with the legal practice of
optometry in this state.
Section 15. Section 
58-17b-610.5
 is amended to read:
58-17b-610.5.
Dispensing in emergency department -- Patient's immediate need.
(1) The division shall adopt administrative rules in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, in consultation with hospital pharmacies and the
boards of [
dispensing medical
] practitioners 
authorized to prescribe prescription drugs
 to
establish guidelines under which a [
dispensing medical
] practitioner may dispense prescription
drugs to a patient in a hospital emergency department if:
(a) the hospital pharmacy is closed;
(b) in the professional judgment of the [
dispensing medical
] practitioner, dispensing
the drug is necessary for the patient's immediate needs; and
(c) dispensing the prescription drug meets protocols established by the hospital
pharmacy.
(2) A [
prescribing medical
] practitioner in an emergency department may dispense a
prescription drug in accordance with Subsection (1).
Section 16. Section 
58-24b-301
 is amended to read:
58-24b-301.
Authority to practice physical therapy.
A person may not engage in the practice of physical therapy, unless the person is:
(1) licensed under this chapter and practices within the scope of that license; or
(2) exempted from the licensing requirements of this chapter under Section 
58-1-307
or
58-24b-304
.
Section 17. Section 
58-24b-302
 is amended to read:
58-24b-302.
Licensure.
(1) An applicant for a license as a physical therapist shall:
(a) be of good moral character;
(b) complete the application process, including payment of fees;
(c) submit proof of graduation from a professional physical therapist education
program that is accredited by a recognized accreditation agency;
[
(d) pass an open-book, take-home Utah Physical Therapy Law and Rule
Examination;
]
[
(e)
] 
(d)
 after complying with Subsection (1)(c), pass a licensing examination;
[
(f)
] 
(e)
 be able to read, write, speak, understand, and be understood in the English
language and demonstrate proficiency to the satisfaction of the board if requested by the board;
and
[
(g)
] 
(f)
 meet any other requirements established by the division, by rule.
(2) An applicant for a license as a physical therapist assistant shall:
(a) be of good moral character;
(b) complete the application process, including payment of fees set by the division, in
accordance with Section 
63J-1-504
, to recover the costs of administering the licensing
requirements relating to physical therapist assistants;
(c) submit proof of graduation from a physical therapist assistant education program
that is accredited by a recognized accreditation agency;
[
(d) pass an open-book, take-home Utah Physical Therapy Law and Rule
Examination;
]
[
(e)
] 
(d)
 after complying with Subsection (2)(c), pass a licensing examination;
[
(f)
] 
(e)
 be able to read, write, speak, understand, and be understood in the English
language and demonstrate proficiency to the satisfaction of the board if requested by the board;
and
[
(g)
] 
(f)
 meet any other requirements established by the division, by rule.
(3) An applicant for a license as a physical therapist who is educated outside of the
United States shall:
(a) be of good moral character;
(b) complete the application process, including payment of fees; [
and
]
(c) (i) provide satisfactory evidence that the applicant graduated from a professional
physical therapist education program that is accredited by a recognized accreditation agency; or
(ii) (A) provide satisfactory evidence that the applicant graduated from a physical
therapist education program that prepares the applicant to engage in the practice of physical
therapy, without restriction;
(B) provide satisfactory evidence that the education program described in Subsection
(3)(c)(ii)(A) is recognized by the government entity responsible for recognizing a physical
therapist education program in the country where the program is located; and
(C) pass a credential evaluation to ensure that the applicant has satisfied uniform
educational requirements;
[
(d) pass an open-book, take-home Utah Physical Therapy Law and Rule
Examination;
]
[
(e)
] 
(d)
 after complying with Subsection (3)(c), pass a licensing examination;
[
(f)
] 
(e)
 be able to read, write, speak, understand, and be understood in the English
language and demonstrate proficiency to the satisfaction of the board if requested by the board;
and
[
(g)
] 
(f)
 meet any other requirements established by the division, by rule.
(4) The division shall issue a license to a person who holds a current unrestricted
license to practice physical therapy in a state, district, or territory of the United States of
America, other than Utah, if the person:
(a) is of good moral character;
(b) completes the application process, including payment of fees; 
and
[
(c) passes an open-book, take-home Utah Physical Therapy Law and Rule
Examination; and
]
[
(d)
] 
(c)
 is able to read, write, speak, understand, and be understood in the English
language and demonstrate proficiency to the satisfaction of the board if requested by the board.
(5) (a) Notwithstanding Subsection 
58-1-307
(1)(c), an individual may not engage in an
internship in physical therapy, unless the person is:
(i) certified by the division; or
(ii) exempt from licensure under Section 
58-24b-304
.
(b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
participating in the supervised clinical training program for the purpose of becoming a physical
therapist or a physical therapist assistant.
Section 18. Section 
58-24b-303
 is amended to read:
58-24b-303.
Term of license -- Renewal -- Temporary license for physical
therapist assistant.
(1) A license issued under this chapter shall be issued in accordance with a two-year
renewal cycle established by rule. The division may, by rule, extend or shorten a license
renewal process by one year in order to stagger the renewal cycles that the division administers.
(2) At the time of license renewal, the licensee shall provide satisfactory evidence that
the licensee completed continuing education competency requirements, established by the
division, by rule.
(3) If a license renewal cycle is shortened or extended under Subsection (1), the
division shall increase or reduce the required continuing education competency requirements
accordingly.
(4) A license issued under this chapter expires on the expiration date indicated on the
license, unless the license is renewed under this section.
(5) Notwithstanding any other provision of this chapter, the division may, by rule, grant
a temporary license, that expires on July 1, 2014, as a physical therapist assistant to an
individual who:
(a) was working as a physical therapist assistant in Utah before July 1, 2009; and
(b) complies with the requirements described in Subsections 
58-24b-302
(2)(a), (b), (c),
[
(f)
] 
(e)
, and [
(g)
] 
(f)
.
Section 19. Section 
58-26a-501
 is amended to read:
58-26a-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using "certified public accountant," "public accountant," "CPA," or any other title,
designation, words, letters, abbreviation, sign, card, or device tending to indicate that the
person is a certified public accountant, unless that person:
(a) has a current license as a certified public accountant issued under this chapter; or
(b) qualifies for a practice privilege as provided [
for
] in Subsection 
58-26a-305
(1)
(a)
;
(2) a firm assuming or using "certified public accountant," "CPA," or any other title,
designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm
is composed of certified public accountants unless each office of the firm in this state:
(a) is registered with the division; and
(b) meets the requirements of Subsections 
58-26a-302
(3)(a)(iii) and (iv);
(3) signing or affixing to any accounting or financial statement the person's name or
any trade or assumed name used in that person's profession or business, with any wording
indicating that the person is an auditor, or with any wording indicating that the person has
expert knowledge in accounting or auditing, unless that person is licensed under this chapter
and all of the person's offices in this state for the practice of public accountancy are maintained
and registered as provided in this chapter; and
(4) except as provided in Section 
58-26a-305
, engaging in the following conduct if not
licensed under this chapter to practice public accountancy:
(a) issuing a report on financial statements of any other person, firm, organization, or
governmental unit; or
(b) issuing a report using any form of language substantially similar to conventional
language used by licensees respecting:
(i) a review of financial statements; or
(ii) a compilation of financial statements.
Section 20. Section 
58-37f-301
 is amended to read:
58-37f-301.
Access to database.
(1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) effectively enforce the limitations on access to the database as described in this
part; and
(b) establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2) The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database available only
to the following individuals, in accordance with the requirements of this chapter and division
rules:
(a) personnel of the division specifically assigned to conduct investigations related to
controlled substance laws under the jurisdiction of the division;
(b) authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c) a board member if:
(i) the board member is assigned to monitor a licensee on probation; and
(ii) the board member is limited to obtaining information from the database regarding
the specific licensee on probation;
(d) a member of a diversion committee established in accordance with Subsection
58-1-404
(2) if:
(i) the diversion committee member is limited to obtaining information from the
database regarding the person whose conduct is the subject of the committee's consideration;
and
(ii) the conduct that is the subject of the committee's consideration includes a violation
or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
violation or potential violation under this title;
[
(c)
] 
(e)
 in accordance with a written agreement entered into with the department,
employees of the Department of Health:
(i) whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances, if the identity of the individuals and
pharmacies in the database are confidential and are not disclosed in any manner to any
individual who is not directly involved in the scientific studies; [
or
]
(ii) when the information is requested by the Department of Health in relation to a
person or provider whom the Department of Health suspects may be improperly obtaining or
providing a controlled substance; 
or
(iii) in the medical examiner's office;
[
(d)
] 
(f)
 in accordance with a written agreement entered into with the department, a
designee of the director of the Department of Health, who is not an employee of the
Department of Health, whom the director of the Department of Health assigns to conduct
scientific studies regarding the use or abuse of controlled substances pursuant to an application
process established in rule by the Department of Health, if:
(i) the designee provides explicit information to the Department of Health regarding
the purpose of the scientific studies;
(ii) the scientific studies to be conducted by the designee:
(A) fit within the responsibilities of the Department of Health for health and welfare;
(B) are reviewed and approved by an Institutional Review Board that is approved for
human subject research by the United States Department of Health and Human Services; and
(C) are not conducted for profit or commercial gain; and
(D) are conducted in a research facility, as defined by division rule, that is associated
with a university or college [
in the state
] accredited by one or more regional or national
accrediting agencies recognized by the United States Department of Education;
(iii) the designee protects the information as a business associate of the Department of
Health; and
(iv) the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, not disclosed in any manner to the designee or to any individual
who is not directly involved in the scientific studies;
[
(e)
] 
(g)
 in accordance with the written agreement entered into with the department and
the Department of Health, authorized employees of a managed care organization, as defined in
42 C.F.R. Sec. 438, if:
(i) the managed care organization contracts with the Department of Health under the
provisions of Section 
26-18-405
 and the contract includes provisions that:
(A) require a managed care organization employee who will have access to information
from the database to submit to a criminal background check; and
(B) limit the authorized employee of the managed care organization to requesting either
the division or the Department of Health to conduct a search of the database regarding a
specific Medicaid enrollee and to report the results of the search to the authorized employee;
and
(ii) the information is requested by an authorized employee of the managed care
organization in relation to a person who is enrolled in the Medicaid program with the managed
care organization, and the managed care organization suspects the person may be improperly
obtaining or providing a controlled substance;
[
(f)
] 
(h)
 a licensed practitioner having authority to prescribe controlled substances, to
the extent the information:
(i) (A) relates specifically to a current or prospective patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of:
(I) prescribing or considering prescribing any controlled substance to the current or
prospective patient;
(II) diagnosing the current or prospective patient;
(III) providing medical treatment or medical advice to the current or prospective
patient; or
(IV) determining whether the current or prospective patient:
(Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
or
(Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the practitioner;
(ii) (A) relates specifically to a former patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of determining whether
the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
controlled substance from the practitioner;
(iii) relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects that the
individual may have used the practitioner's Drug Enforcement Administration identification
number to fraudulently acquire or prescribe a controlled substance;
(iv) relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v) relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection (2)[
(g)
]
(i)
; or
(vi) relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
controlled substance;
[
(g)
] 
(i)
 in accordance with Subsection (3)(a), an employee of a practitioner described
in Subsection (2)[
(f)
]
(h)
, for a purpose described in Subsection (2)[
(f)
]
(h)
(i) or (ii), if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner provides written notice to the division of the identity of the
employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
[
(h)
] 
(j)
 an employee of the same business that employs a licensed practitioner under
Subsection (2)[
(f)
]
(h)
 if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the employing business provide written notice to the division of
the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
[
(i)
] 
(k)
 a licensed pharmacist having authority to dispense a controlled substance to
the extent the information is provided or sought for the purpose of:
(i) dispensing or considering dispensing any controlled substance; or
(ii) determining whether a person:
(A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
(B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the pharmacist;
[
(j)
] 
(l)
 in accordance with Subsection (3)(a), a licensed pharmacy technician and
pharmacy intern who is an employee of a pharmacy as defined in Section 
58-17b-102
, for the
purposes described in Subsection (2)[
(h)
]
(j)
(i) or (ii), if:
(i) the employee is designated by the pharmacist-in-charge as an individual authorized
to access the information on behalf of a licensed pharmacist employed by the pharmacy;
(ii) the pharmacist-in-charge provides written notice to the division of the identity of
the employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
[
(k)
] 
(m)
 pursuant to a valid search warrant, federal, state, and local law enforcement
agencies and state and local prosecutors that are engaged in an investigation related to:
(i) one or more controlled substances; and
(ii) a specific person who is a subject of the investigation;
[
(l)
] 
(n)
 employees of the Office of Internal Audit and Program Integrity within the
Department of Health who are engaged in their specified duty of ensuring Medicaid program
integrity under Section 
26-18-2.3
;
[
(m)
] 
(o)
 a mental health therapist, if:
(i) the information relates to a patient who is:
(A) enrolled in a licensed substance abuse treatment program; and
(B) receiving treatment from, or under the direction of, the mental health therapist as
part of the patient's participation in the licensed substance abuse treatment program described
in Subsection (2)[
(m)
]
(o)
(i)(A);
(ii) the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance abuse
treatment program described in Subsection (2)[
(m)
]
(o)
(i)(A); and
(iii) the licensed substance abuse treatment program described in Subsection
(2)[
(m)
]
(o)
(i)(A) is associated with a practitioner who:
(A) is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B) is available to consult with the mental health therapist regarding the information
obtained by the mental health therapist, under this Subsection (2)[
(m)
]
(o)
, from the database;
[
(n)
] 
(p)
 an individual who is the recipient of a controlled substance prescription
entered into the database, upon providing evidence satisfactory to the division that the
individual requesting the information is in fact the individual about whom the data entry was
made;
[
(o)
] 
(q)
 an individual under Subsection (2)[
(n)
]
(p)
 for the purpose of obtaining a list of
the persons and entities that have requested or received any information from the database
regarding the individual, except if the individual's record is subject to a pending or current
investigation as authorized under this Subsection (2);
[
(p)
] 
(r)
 the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
Title 63A, Chapter 13, Part 2, Office and Powers; and
[
(q)
] 
(s)
 the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
(i) a member of the medical panel described in Section 
34A-2-601
;
(ii) a physician employed as medical director for a licensed workers' compensation
insurer or an approved self-insured employer; or
(iii) a physician offering a second opinion regarding treatment.
(3) (a) (i) A practitioner described in Subsection (2)[
(f)
]
(h)
 may designate up to three
employees to access information from the database under Subsection (2)[
(g)
]
(i)
, (2)[
(h)
]
(j)
, or
(4)(c).
(ii) A pharmacist described in Subsection (2)[
(i)
]
(k)
 who is a pharmacist-in-charge
may designate up to five employees to access information from the database under Subsection
(2)[
(j)
]
(l)
.
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) establish background check procedures to determine whether an employee
designated under Subsection (2)[
(g)
]
(i)
, (2)[
(h)
]
(j)
, or (4)(c) should be granted access to the
database; and
(ii) establish the information to be provided by an emergency room employee under
Subsection (4).
(c) The division shall grant an employee designated under Subsection (2)[
(g)
]
(i)
,
(2)[
(h)
]
(j)
, or (4)(c) access to the database, unless the division determines, based on a
background check, that the employee poses a security risk to the information contained in the
database.
(4) (a) An individual who is employed in the emergency room of a hospital may
exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
the individual is designated under Subsection (4)(c) and the licensed practitioner:
(i) is employed in the emergency room;
(ii) is treating an emergency room patient for an emergency medical condition; and
(iii) requests that an individual employed in the emergency room and designated under
Subsection (4)(c) obtain information regarding the patient from the database as needed in the
course of treatment.
(b) The emergency room employee obtaining information from the database shall,
when gaining access to the database, provide to the database the name and any additional
identifiers regarding the requesting practitioner as required by division administrative rule
established under Subsection (3)(b).
(c) An individual employed in the emergency room under this Subsection (4) may
obtain information from the database as provided in Subsection (4)(a) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the hospital operating the emergency room provide written
notice to the division of the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee.
(d) The division may impose a fee, in accordance with Section 
63J-1-504
, on a
practitioner who designates an employee under Subsection (2)[
(g)
]
(i)
, (2)[
(h)
]
(j)
, or (4)(c) to
pay for the costs incurred by the division to conduct the background check and make the
determination described in Subsection (3)(b).
(5) (a) An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access to the
database when the individual is no longer licensed.
(b) An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access to the
database when the practitioner is no longer licensed.
Section 21. Section 
58-37f-601
 is amended to read:
58-37f-601.
Unlawful release or use of database information -- Criminal and civil
penalties.
(1) (a) Any person who knowingly and intentionally releases any information in the
database or any information obtained from other state or federal prescription monitoring
programs by means of the database in violation of the limitations under Part 3, Access, is guilty
of a third degree felony.
(b) Any person who negligently or recklessly releases any information in the database
or any information obtained from other state or federal prescription monitoring programs by
means of the database in violation of the limitations under Title 58, Chapter 37f, Part 3,
Access, is guilty of a class C misdemeanor.
(2) (a) Any person who obtains or attempts to obtain information from the database or
from any other state or federal prescription monitoring programs by means of the database by
misrepresentation or fraud is guilty of a third degree felony.
(b) Any person who obtains or attempts to obtain information from the database for a
purpose other than a purpose authorized by this chapter or by rule is guilty of a third degree
felony.
(3) (a) Except as provided in Subsection (3)(e), a person may not knowingly and
intentionally use, release, publish, or otherwise make available to any other person any
information obtained from the database or from any other state or federal prescription
monitoring programs by means of the database for any purpose other than those specified in
Part 3, Access.
(b) Each separate violation of this Subsection (3) is a third degree felony and is also
subject to a civil penalty not to exceed $5,000.
(c) The procedure for determining a civil violation of this Subsection (3) is in
accordance with Section 
58-1-108
, regarding adjudicative proceedings within the division.
(d) Civil penalties assessed under this Subsection (3) shall be deposited in the General
Fund as a dedicated credit to be used by the division under Subsection 
58-37f-502
(1).
(e) This Subsection (3) does not prohibit a person who obtains information from the
database under Subsection 
58-37f-301
(2)[
(f), (g), (i)
]
(h), (i), (k)
, or (4)(c) from:
(i) including the information in the person's medical chart or file for access by a person
authorized to review the medical chart or file; or
(ii) providing the information to a person in accordance with the requirements of the
Health Insurance Portability and Accountability Act of 1996.
Section 22. Section 
58-44a-302
 is amended to read:
58-44a-302.
Qualifications for licensure.
(1) An applicant for licensure as a nurse midwife shall:
(a) submit an application in a form as prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) at the time of application for licensure hold a license in good standing as a
registered nurse in Utah, or be at that time qualified for a license as a registered nurse under
Title 58, Chapter 31b, Nurse Practice Act;
(e) have completed:
(i) a certified nurse midwifery education program accredited by the [
American College
of Nurse Midwives
] 
Accreditation Commission for Midwifery Education
 and approved by the
division; or
(ii) a nurse midwifery education program located outside of the United States which is
approved by the division and is equivalent to a program accredited by the [
American College of
Nurse Midwives
] 
Accreditation Commission for Midwifery Education
, as demonstrated by a
graduate's being accepted to sit for the national certifying examination administered by the
[
American College of Nurse Midwives
] 
Accreditation Commission for Midwifery Education
 or
its designee; and
(f) have passed examinations established by the division rule in collaboration with the
board within two years after completion of the approved education program required under
Subsection (1)(e).
(2) For purposes of Subsection (1)(e), as of January 1, 2010, the accredited education
program or it's equivalent must grant a graduate degree, including post-master's certificate, in
nurse midwifery.
Section 23. Section 
58-55-302
 is amended to read:
58-55-302.
Qualifications for licensure.
(1) Each applicant for a license under this chapter shall:
(a) submit an application prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) (i) meet the examination requirements established by rule by the commission with
the concurrence of the director, except for the classifications of apprentice plumber and
apprentice electrician for whom no examination is required; or
(ii) if required in Section 
58-55-304
, the individual qualifier must pass the required
examination if the applicant is a business entity;
(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
(e) if an applicant for a contractor's license:
(i) produce satisfactory evidence of financial responsibility, except for a construction
trades instructor for whom evidence of financial responsibility is not required;
(ii) produce satisfactory evidence of:
(A) two years full-time paid employment experience in the construction industry,
which experience, unless more specifically described in this section, may be related to any
contracting classification; and
(B) knowledge of the principles of the conduct of business as a contractor, reasonably
necessary for the protection of the public health, safety, and welfare;
(iii) except as otherwise provided by rule by the commission with the concurrence of
the director, complete a 20-hour course established by rule by the commission with the
concurrence of the director, which course may include:
(A) construction business practices;
(B) bookkeeping fundamentals;
(C) mechanics lien fundamentals; and
(D) other aspects of business and construction principles considered important by the
commission with the concurrence of the director;
(iv) (A) be a licensed master electrician if an applicant for an electrical contractor's
license or a licensed master residential electrician if an applicant for a residential electrical
contractor's license;
(B) be a licensed master plumber if an applicant for a plumbing contractor's license or
a licensed master residential plumber if an applicant for a residential plumbing contractor's
license; or
(C) be a licensed elevator mechanic and produce satisfactory evidence of three years
experience as an elevator mechanic if an applicant for an elevator contractor's license; and
(v) when the applicant is an unincorporated entity, provide a list of the one or more
individuals who hold an ownership interest in the applicant as of the day on which the
application is filed that includes for each individual:
(A) the individual's name, address, birth date, and social security number; and
(B) whether the individual will engage in a construction trade; and
(f) if an applicant for a construction trades instructor license, satisfy any additional
requirements established by rule.
(2) After approval of an applicant for a contractor's license by the applicable board and
the division, the applicant shall file the following with the division before the division issues
the license:
(a) proof of workers' compensation insurance which covers employees of the applicant
in accordance with applicable Utah law;
(b) proof of public liability insurance in coverage amounts and form established by rule
except for a construction trades instructor for whom public liability insurance is not required;
and
(c) proof of registration as required by applicable law with the:
(i) Utah Department of Commerce;
(ii) Division of Corporations and Commercial Code;
(iii) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(iv) State Tax Commission; and
(v) Internal Revenue Service.
(3) In addition to the general requirements for each applicant in Subsection (1),
applicants shall comply with the following requirements to be licensed in the following
classifications:
(a) (i) A master plumber shall produce satisfactory evidence that the applicant:
(A) has been a licensed journeyman plumber for at least two years and had two years of
supervisory experience as a licensed journeyman plumber in accordance with division rule;
(B) has received at least an associate of applied science degree or similar degree
following the completion of a course of study approved by the division and had one year of
supervisory experience as a licensed journeyman plumber in accordance with division rule; or
(C) meets the qualifications determined by the division in collaboration with the board
to be equivalent to Subsection (3)(a)(i)(A) or (B).
(ii) An individual holding a valid Utah license as a journeyman plumber, based on at
least four years of practical experience as a licensed apprentice under the supervision of a
licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
master plumber license under this chapter, and satisfies the requirements of this Subsection
(3)(a) for the purpose of renewal or reinstatement of that license under Section 
58-55-303
.
(iii) An individual holding a valid plumbing contractor's license or residential
plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
2008:
(A) considered to hold a current master plumber license under this chapter if licensed
as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
58-55-303
; and
(B) considered to hold a current residential master plumber license under this chapter if
licensed as a residential plumbing contractor and a residential journeyman plumber, and
satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
that license under Section 
58-55-303
.
(b) A master residential plumber applicant shall produce satisfactory evidence that the
applicant:
(i) has been a licensed residential journeyman plumber for at least two years and had
two years of supervisory experience as a licensed residential journeyman plumber in
accordance with division rule; or
(ii) meets the qualifications determined by the division in collaboration with the board
to be equivalent to Subsection (3)(b)(i).
(c) A journeyman plumber applicant shall produce satisfactory evidence of:
(i) successful completion of the equivalent of at least four years of full-time training
and instruction as a licensed apprentice plumber under supervision of a licensed master
plumber or journeyman plumber and in accordance with a planned program of training
approved by the division;
(ii) at least eight years of full-time experience approved by the division in collaboration
with the Plumbers Licensing Board; or
(iii) satisfactory evidence of meeting the qualifications determined by the board to be
equivalent to Subsection (3)(c)(i) or (c)(ii).
(d) A residential journeyman plumber shall produce satisfactory evidence of:
(i) completion of the equivalent of at least three years of full-time training and
instruction as a licensed apprentice plumber under the supervision of a licensed residential
master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
accordance with a planned program of training approved by the division;
(ii) completion of at least six years of full-time experience in a maintenance or repair
trade involving substantial plumbing work; or
(iii) meeting the qualifications determined by the board to be equivalent to Subsection
(3)(d)(i) or (d)(ii).
(e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
in accordance with the following:
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
under the immediate supervision of a licensed master plumber, licensed residential master
plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
(ii) a licensed apprentice plumber in the fourth through tenth year of training may work
without supervision for a period not to exceed eight hours in any 24-hour period, but if the
apprentice does not become a licensed journeyman plumber or licensed residential journeyman
plumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longer
applies.
(f) A master electrician applicant shall produce satisfactory evidence that the applicant:
(i) is a graduate electrical engineer of an accredited college or university approved by
the division and has one year of practical electrical experience as a licensed apprentice
electrician;
(ii) is a graduate of an electrical trade school, having received an associate of applied
sciences degree following successful completion of a course of study approved by the division,
and has two years of practical experience as a licensed journeyman electrician;
(iii) has four years of practical experience as a journeyman electrician; or
(iv) meets the qualifications determined by the board to be equivalent to Subsection
(3)(f)(i), (ii), or (iii).
(g) A master residential electrician applicant shall produce satisfactory evidence that
the applicant:
(i) has at least two years of practical experience as a residential journeyman electrician;
or
(ii) meets the qualifications determined by the board to be equivalent to this practical
experience.
(h) A journeyman electrician applicant shall produce satisfactory evidence that the
applicant:
(i) has successfully completed at least four years of full-time training and instruction as
a licensed apprentice electrician under the supervision of a master electrician or journeyman
electrician and in accordance with a planned training program approved by the division;
(ii) has at least eight years of full-time experience approved by the division in
collaboration with the Electricians Licensing Board; or
(iii) meets the qualifications determined by the board to be equivalent to Subsection
(3)(h)(i) or (ii).
(i) A residential journeyman electrician applicant shall produce satisfactory evidence
that the applicant:
(i) has successfully completed two years of training in an electrical training program
approved by the division;
(ii) has four years of practical experience in wiring, installing, and repairing electrical
apparatus and equipment for light, heat, and power under the supervision of a licensed master,
journeyman, residential master, or residential journeyman electrician; or
(iii) meets the qualifications determined by the division and applicable board to be
equivalent to Subsection (3)(i)(i) or (ii).
(j) The conduct of licensed apprentice electricians and their licensed supervisors shall
be in accordance with the following:
(i) A licensed apprentice electrician shall be under the immediate supervision of a
licensed master, journeyman, residential master, or residential journeyman electrician. An
apprentice in the fourth year of training may work without supervision for a period not to
exceed eight hours in any 24-hour period.
(ii) A licensed master, journeyman, residential master, or residential journeyman
electrician may have under immediate supervision on a residential project up to three licensed
apprentice electricians.
(iii) A licensed master or journeyman electrician may have under immediate
supervision on nonresidential projects only one licensed apprentice electrician.
(k) An alarm company applicant shall:
(i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
the applicant who:
(A) demonstrates 6,000 hours of experience in the alarm company business;
(B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
company business or in a construction business; and
(C) passes an examination component established by rule by the commission with the
concurrence of the director;
(ii) if a corporation, provide:
(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all corporate officers, directors, and those responsible management personnel employed
within the state or having direct responsibility for managing operations of the applicant within
the state; and
(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
shall not be required if the stock is publicly listed and traded;
(iii) if a limited liability company, provide:
(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all company officers, and those responsible management personnel employed within the
state or having direct responsibility for managing operations of the applicant within the state;
and
(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all individuals owning 5% or more of the equity of the company;
(iv) if a partnership, provide the names, addresses, dates of birth, social security
numbers, and fingerprint cards of all general partners, and those responsible management
personnel employed within the state or having direct responsibility for managing operations of
the applicant within the state;
(v) if a proprietorship, provide the names, addresses, dates of birth, social security
numbers, and fingerprint cards of the proprietor, and those responsible management personnel
employed within the state or having direct responsibility for managing operations of the
applicant within the state;
(vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
fingerprint cards of the trustee, and those responsible management personnel employed within
the state or having direct responsibility for managing operations of the applicant within the
state;
(vii) be of good moral character in that officers, directors, shareholders described in
Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
crime that when considered with the duties and responsibilities of an alarm company is
considered by the board to indicate that the best interests of the public are served by granting
the applicant a license;
(viii) document that none of the applicant's officers, directors, shareholders described
in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
personnel have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored;
(ix) document that none of the applicant's officers, directors, shareholders described in
Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
currently suffering from habitual drunkenness or from drug addiction or dependence;
(x) file and maintain with the division evidence of:
(A) comprehensive general liability insurance in form and in amounts to be established
by rule by the commission with the concurrence of the director;
(B) workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law; and
(C) registration as is required by applicable law with the:
(I) Division of Corporations and Commercial Code;
(II) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(III) State Tax Commission; and
(IV) Internal Revenue Service; and
(xi) meet with the division and board.
(l) Each applicant for licensure as an alarm company agent shall:
(i) submit an application in a form prescribed by the division accompanied by
fingerprint cards;
(ii) pay a fee determined by the department under Section 
63J-1-504
;
(iii) be of good moral character in that the applicant has not been convicted of a felony,
a misdemeanor involving moral turpitude, or any other crime that when considered with the
duties and responsibilities of an alarm company agent is considered by the board to indicate
that the best interests of the public are served by granting the applicant a license;
(iv) not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(v) not be currently suffering from habitual drunkenness or from drug addiction or
dependence; and
(vi) meet with the division and board if requested by the division or the board.
(m) (i) Each applicant for licensure as an elevator mechanic shall:
(A) provide documentation of experience and education credits of not less than three
years work experience in the elevator industry, in construction, maintenance, or service and
repair; and
(B) satisfactorily complete a written examination administered by the division
established by rule under Section 
58-1-203
; or
(C) provide certificates of completion of an apprenticeship program for elevator
mechanics, having standards substantially equal to those of this chapter and registered with the
United States Department of Labor Bureau Apprenticeship and Training or a state
apprenticeship council.
(ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
repairing, or maintaining an elevator, the contractor may:
(I) notify the division of the unavailability of licensed personnel; and
(II) request the division issue a temporary elevator mechanic license to an individual
certified by the contractor as having an acceptable combination of documented experience and
education to perform the work described in this Subsection (3)(m)(ii)(A).
(B) (I) The division may issue a temporary elevator mechanic license to an individual
certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
the appropriate fee as determined by the department under Section 
63J-1-504
.
(II) The division shall specify the time period for which the license is valid and may
renew the license for an additional time period upon its determination that a shortage of
licensed elevator mechanics continues to exist.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules establishing when Federal Bureau of Investigation records shall be
checked for applicants as an alarm company or alarm company agent.
(5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
(3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure as an alarm company or alarm company
agent and each applicant's officers, directors, shareholders described in Subsection
(3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the Federal Bureau of Investigation for criminal history
information under this section.
(6) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the Federal Bureau of Investigation review concerning an applicant in
a timely manner after receipt of information from the Federal Bureau of Investigation.
(7) (a) The division shall charge each applicant for licensure as an alarm company or
alarm company agent a fee, in accordance with Section 
63J-1-504
, equal to the cost of
performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
costs of records reviews under this section.
(8) Information obtained by the division from the reviews of criminal history records of
the Department of Public Safety and the Federal Bureau of Investigation shall be used or
disseminated by the division only for the purpose of determining if an applicant for licensure as
an alarm company or alarm company agent is qualified for licensure.
(9) (a) An application for licensure under this chapter shall be denied if:
(i) the applicant has had a previous license, which was issued under this chapter,
suspended or revoked within [
one year prior to
] 
two years before
 the date of the applicant's
application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
status, performing similar functions, or directly or indirectly controlling the applicant has
served in any similar capacity with any person or entity which has had a previous license,
which was issued under this chapter, suspended or revoked within [
one year prior to
] 
two years
before
 the date of the applicant's application;
(iii) (A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in
Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
this chapter, suspended or revoked within [
one year prior to
] 
two years before
 the date of the
applicant's application; or
(iv) (A) the applicant includes an individual who was an owner, director, or officer of
an unincorporated entity at the time the entity's license under this chapter was revoked; and
(B) the application for licensure is filed within 60 months after the revocation of the
unincorporated entity's license.
(b) An application for licensure under this chapter shall be reviewed by the appropriate
licensing board prior to approval if:
(i) the applicant has had a previous license, which was issued under this chapter,
suspended or revoked more than [
one year prior to
] 
two years before
 the date of the applicant's
application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
status, performing similar functions, or directly or indirectly controlling the applicant has
served in any similar capacity with any person or entity which has had a previous license,
which was issued under this chapter, suspended or revoked more than [
one year prior to
] 
two
years before
 the date of the applicant's application; or
(iii) (A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in
Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
this chapter, suspended or revoked more than [
one year prior to
] 
two years before
 the date of
the applicant's application.
(10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
report with the division every 30 days after the day on which the license is issued if the licensee
has more than five owners who are individuals who:
(A) own an interest in the contractor that is an unincorporated entity;
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
unincorporated entity; and
(C) engage, or will engage, in a construction trade in the state as owners of the
contractor described in Subsection (10)(a)(i)(A).
(ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
licensee shall provide the ownership status report with an application for renewal of licensure.
(b) An ownership status report required under this Subsection (10) shall:
(i) specify each addition or deletion of an owner:
(A) for the first ownership status report, after the day on which the unincorporated
entity is licensed under this chapter; and
(B) for a subsequent ownership status report, after the day on which the previous
ownership status report is filed;
(ii) be in a format prescribed by the division that includes for each owner, regardless of
the owner's percentage ownership in the unincorporated entity, the information described in
Subsection(1)(e)(v);
(iii) list the name of:
(A) each officer or manager of the unincorporated entity; and
(B) each other individual involved in the operation, supervision, or management of the
unincorporated entity; and
(iv) be accompanied by a fee set by the division in accordance with Section 
63J-1-504
if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
(c) The division may, at any time, audit an ownership status report under this
Subsection (10):
(i) to determine if financial responsibility has been demonstrated or maintained as
required under Section 
58-55-306
; and
(ii) to determine compliance with Subsection 
58-55-501
(24), (25), or (27) or
Subsection 
58-55-502
(8) or (9).
(11) (a) An unincorporated entity that provides labor to an entity licensed under this
chapter by providing an individual who owns an interest in the unincorporated entity to engage
in a construction trade in Utah shall file with the division:
(i) before the individual who owns an interest in the unincorporated entity engages in a
construction trade in Utah, a current list of the one or more individuals who hold an ownership
interest in the unincorporated entity that includes for each individual:
(A) the individual's name, address, birth date, and social security number; and
(B) whether the individual will engage in a construction trade; and
(ii) every 30 days after the day on which the unincorporated entity provides the list
described in Subsection (11)(a)(i), an ownership status report containing the information that
would be required under Subsection (10) if the unincorporated entity were a licensed
contractor.
(b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
the division in accordance with Section 
63J-1-504
.
(12) This chapter may not be interpreted to create or support an express or implied
independent contractor relationship between an unincorporated entity described in Subsection
(10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
withholding.
(13) A social security number provided under Subsection (1)(e)(v) is a private record
under Subsection 
63G-2-302
(1)(i).
Section 24. Section 
58-55-307
 is amended to read:
58-55-307.
Confidentiality of records and reports.
(1) Credit reports, financial statements, and other information submitted to the division
by or at the request and direction of an applicant or licensee for the purpose of supporting a
representation of financial responsibility
:
(a)
 constitute protected records under Title 63G, Chapter 2, Government Records
Access and Management Act[
.
]
; and
(b) notwithstanding Subsection (1)(a), may be considered by the commission in a
public meeting, unless the owner of the information requests that the meeting be closed to the
public in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
(2) Notwithstanding 
the provisions of
 Title 63G, Chapter 2, Government Records
Access and Management Act, the records described in Subsection (1) are not open for public
inspection and are not subject to discovery in civil or administrative proceedings.
Section 25. Section 
58-60-508
 is amended to read:
58-60-508.
Substance use disorder counselor supervisor's qualifications --
Functions.
(1) A mental health therapist supervisor of a substance use disorder counselor shall:
(a) be qualified by education or experience to treat substance use disorders;
(b) be currently working in the substance use disorder treatment field;
(c) review substance use disorder counselor assessment procedures and
recommendations;
(d) provide substance use disorder diagnosis and other mental health diagnoses in
accordance with Subsection 
58-60-102
(7);
(e) supervise the development of a treatment plan;
(f) approve the treatment plan; and
(g) provide direct supervision for not more than five persons, unless granted an
exception in writing from the board and the division.
(2) A supervisor of a certified substance use disorder counselor, certified substance use
disorder counselor intern, certified advanced substance use disorder counselor, certified
advanced substance use disorder counselor intern, or licensed substance use disorder counselor
[
may
] 
shall
:
(a) be a licensed advanced substance use disorder counselor [
with:
]
;
[
(i) until July 1, 2014, at least two years of experience as a substance use disorder
counselor; or
]
[
(ii) beginning on July 1, 2014,
]
(b) have
 at least two years of experience as a licensed advanced substance use disorder
counselor;
[
(b)
] 
(c)
 be currently working in the substance use disorder field; and
[
(c)
] 
(d)
 provide direct supervision for no more than three persons, unless granted an
exception in writing from the board and the division.
Section 26. Section 
58-63-302
 is amended to read:
58-63-302.
Qualifications for licensure.
(1) Each applicant for licensure as an armored car company or a contract security
company shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have a qualifying agent who:
(i) is a resident of the state and an officer, director, partner, proprietor, or manager of
the applicant;
(ii) passes an examination component established by rule by the division in
collaboration with the board; and
(iii) (A) demonstrates 6,000 hours of compensated experience as a manager,
supervisor, or administrator of an armored car company or a contract security company; or
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
collaboration with the board with a federal, United States military, state, county, or municipal
law enforcement agency;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, and social security numbers of all corporate
officers, directors, and those responsible management personnel employed within the state or
having direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers, of all
shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
the division if the stock is publicly listed and traded;
(e) if a limited liability company, provide:
(i) the names, addresses, dates of birth, and social security numbers of all company
officers, and those responsible management personnel employed within the state or having
direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers of all individuals
owning 5% or more of the equity of the company;
(f) if a partnership, provide the names, addresses, dates of birth, and social security
numbers of all general partners, and those responsible management personnel employed within
the state or having direct responsibility for managing operations of the applicant within the
state;
(g) if a proprietorship, provide the names, addresses, dates of birth, and social security
numbers of the proprietor, and those responsible management personnel employed within the
state or having direct responsibility for managing operations of the applicant within the state;
(h) have good moral character in that officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of a contract
security company or an armored car company by the division and the board indicates that the
best interests of the public are not served by granting the applicant a license;
(i) document that none of the applicant's officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
(i) have been declared by a court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored; and
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
(j) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in a form and in amounts established by
rule by the division in collaboration with the board;
(ii) workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law;
(iii) registration with the Division of Corporations and Commercial Code; and
(iv) registration as required by applicable law with the:
(A) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(B) State Tax Commission; and
(C) Internal Revenue Service; and
(k) meet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armed
private security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. 
Sec. 922(g);
[
(d)
] 
(e)
 not have been declared incompetent by a court of competent jurisdiction by
reason of mental defect or disease and not been restored;
[
(e)
] 
(f)
 not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
[
(f)
] 
(g)
 successfully complete basic education and training requirements established by
rule by the division in collaboration with the board;
[
(g)
] 
(h)
 successfully complete firearms training requirements established by rule by
the division in collaboration with the board;
[
(h)
] 
(i)
 pass the examination requirement established by rule by the division in
collaboration with the board; and
[
(i)
] 
(j)
 meet with the division and board if requested by the division or the board.
(3) Each applicant for licensure as an unarmed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an unarmed
private security officer by the division and the board indicates that the best interests of the
public are not served by granting the applicant a license;
(d) not have been declared incompetent by a court of competent jurisdiction by reason
of mental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) successfully complete basic education and training requirements established by rule
by the division in collaboration with the board;
(g) pass the examination requirement established by rule by the division in
collaboration with the board; and
(h) meet with the division and board if requested by the division or board.
(4) Each applicant for licensure as an armored car security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) have good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) a crime that when considered with the duties and responsibilities of an armored car
security officer by the division and the board indicates that the best interests of the public are
not served by granting the applicant a license;
(d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. 
Sec. 922(g);
[
(d)
] 
(e)
 not have been declared incompetent by a court of competent jurisdiction by
reason of mental defect or disease and not been restored;
[
(e)
] 
(f)
 not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
[
(f)
] 
(g)
 successfully complete basic education and training requirements established by
rule by the division in collaboration with the board;
[
(g)
] 
(h)
 successfully complete firearms training requirements established by rule by
the division in collaboration with the board;
[
(h)
] 
(i)
 pass the examination requirements established by rule by the division in
collaboration with the board; and
[
(i)
] 
(j)
 meet with the division and board if requested by the division or the board.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make a rule establishing when the division shall request a Federal Bureau of
Investigation records' review for an applicant.
(6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
(3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
cards to the Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter and each applicant's
officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the FBI for criminal history information under this section.
(7) The Department of Public Safety shall send the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the FBI review concerning an applicant in a timely manner after
receipt of information from the FBI.
(8) (a) The division shall charge each applicant a fee, in accordance with Section
63J-1-504
, equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
under this chapter.
(9) The division shall use or disseminate the information it obtains from the reviews of
criminal history records of the Department of Public Safety and the FBI only to determine if an
applicant for licensure under this chapter is qualified for licensure.
Section 27. Section 
58-64-304
 is amended to read:
58-64-304.
Exemptions from licensure.
[
The
] 
In addition to the
 exemptions from licensure [
under the provisions of this chapter
are limited to those set forth
] 
described
 in Section 
58-1-307
[
.
]
, a law enforcement officer, as
defined under Section 
53-13-103
, who is not licensed under this chapter may operate a voice
stress analyzer in the course of the officer's full-time employment with a federal, state, or local
law enforcement agency if the officer:
(1) has completed the manufacturer's training course and is certified by the
manufacturer to operate that voice stress analyzer; and
(2) is operating the voice stress analyzer in accordance with Section 
58-64-601
,
regarding deception detection instruments.
Section 28. Section 
58-70a-305
 is amended to read:
58-70a-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following persons
may engage in acts included within the definition of practice as a physician assistant, subject to
the stated circumstances and limitations, without being licensed under this chapter:
(1) a student enrolled in an accredited physician assistant education program while
engaged in activities as a physician assistant:
(a) that are a part of the education program;
(b) that are conducted under the direct supervision of a:
(i) physician associated with the program; or
(ii) licensed physician assistant, at the request of the supervising physician and on a
temporary basis, as defined by rule;
(c) for which the program accepts in writing the responsibility for the student; and
(2) a "medical assistant," as defined in Sections 
58-67-102
 and 
58-68-102
, who:
[
(a) is working under the direct supervision of a physician;
]
[
(b)
] 
(a)
 does not diagnose, advise, independently treat, or prescribe to or on behalf of
any person; and
[
(c)
] 
(b)
 for whom the supervising physician accepts responsibility.
Section 29. Section 
58-74-102
 is amended to read:
58-74-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Board" means the Certified Court Reporters Licensing Board created in Section
58-74-201
.
[
(2) "Certified Shorthand Reporter" means any person licensed under this chapter who
is engaged in the practice of shorthand reporting.
]
[
(3)
] 
(2)
 "Certified court reporter" means any person who engages in the practice of
court reporting who is:
(a) a shorthand reporter certified by the National Court Reporters Association; or
(b) a voice reporter certified by the National Verbatim Reporters Association.
[
(4)
] 
(3)
 "Certified voice reporter" means any person licensed under this chapter who
engages in the practice of voice reporting.
[
(5)
] 
(4)
 "Official court reporter" means a certified shorthand reporter employed by the
courts.
[
(6)
] 
(5)
 "Official court transcriber" means a person certified in accordance with rules
of the Judicial Council as competent to transcribe into written form an audio or video recording
of court proceedings.
[
(7)
] 
(6)
 "Practice of court reporting" means the making of a verbatim record of any
trial, legislative public hearing, state agency public hearing, deposition, examination before
trial, hearing or proceeding before any grand jury, referee, board, commission, master or
arbitrator, or other sworn testimony given under oath.
[
(8) "Practice of shorthand reporting" means the practice of making a verbatim record,
using symbols or abbreviations.
]
[
(9)
] 
(7)
 "Practice of voice reporting" means the practice of making a verbatim record,
using voice writing.
[
(10)
] 
(8)
 "Voice writing" means the making of a verbatim record of the spoken word
by means of repeating the words of the speaker into a device capable of either digital
translation into English text or creation of a tape or digital recording.
[
(11)
] 
(9)
 "Unlawful conduct" [
is as
] 
means the same as that term is
 defined in Sections
58-1-501
 and 
58-74-501
.
[
(12)
] 
(10)
 "Unprofessional conduct" [
is as
] 
means the same as that term is
 defined in
Sections 
58-1-501
 and 
58-74-502
 and as may be further defined by rule.
Section 30. Section 
58-77-601
 is amended to read:
58-77-601.
Standards of practice.
(1) (a) Prior to providing any services, a licensed direct-entry midwife must obtain an
informed consent from a client.
(b) The consent must include:
(i) the name and license number of the direct-entry midwife;
(ii) the client's name, address, telephone number, and primary care provider, if the
client has one;
(iii) the fact, if true, that the licensed direct-entry midwife is not a certified nurse
midwife or a physician;
(iv) a description of the licensed direct-entry midwife's education, training, continuing
education, and experience in midwifery;
(v) a description of the licensed direct-entry midwife's peer review process;
(vi) the licensed direct-entry midwife's philosophy of practice;
(vii) a promise to provide the client, upon request, separate documents describing the
rules governing licensed direct-entry midwifery practice, including a list of conditions
indicating the need for consultation, collaboration, referral, transfer or mandatory transfer, and
the licensed direct-entry midwife's personal written practice guidelines;
(viii) a medical back-up or transfer plan;
(ix) a description of the services provided to the client by the licensed direct-entry
midwife;
(x) the licensed direct-entry midwife's current legal status;
(xi) the availability of a grievance process;
(xii) client and licensed direct-entry midwife signatures and the date of signing; and
(xiii) whether the licensed direct-entry midwife is covered by a professional liability
insurance policy.
(2) A licensed direct-entry midwife shall:
(a) (i) limit the licensed direct-entry midwife's practice to a normal pregnancy, labor,
postpartum, newborn and interconceptual care, which for purposes of this section means a
normal labor:
(A) that is not pharmacologically induced;
(B) that is low risk at the start of labor;
(C) that remains low risk through out the course of labor and delivery;
(D) in which the infant is born spontaneously in the vertex position between 37 and 43
completed weeks of pregnancy; and
(E) except as provided in Subsection (2)(a)(ii), in which after delivery, the mother and
infant remain low risk; and
(ii) the limitation of Subsection (2)(a)(i) does not prohibit a licensed direct-entry
midwife from delivering an infant when there is:
(A) intrauterine fetal demise; or
(B) a fetal anomaly incompatible with life; and
(b) appropriately recommend and facilitate consultation with, collaboration with,
referral to, or transfer or mandatory transfer of care to a licensed health care professional when
the circumstances require that action in accordance with this section and standards established
by division rule.
(3) If after a client has been informed that she has or may have a condition indicating
the need for medical consultation, collaboration, referral, or transfer and the client chooses to
decline, then the licensed direct-entry midwife shall:
(a) terminate care in accordance with procedures established by division rule; or
(b) continue to provide care for the client if the client signs a waiver of medical
consultation, collaboration, referral, or transfer.
(4) If after a client has been informed that she has or may have a condition indicating
the need for mandatory transfer, the licensed direct-entry midwife shall, in accordance with
procedures established by division rule, terminate the care or initiate transfer by:
(a) calling 911 and reporting the need for immediate transfer;
(b) immediately transporting the client by private vehicle to the receiving provider; or
(c) contacting the physician to whom the client will be transferred and following that
physician's orders.
(5) The standards for consultation and transfer are the minimum standards that a
licensed direct-entry midwife must follow. A licensed direct-entry midwife shall initiate
consultation, collaboration, referral, or transfer of a patient sooner than required by
administrative rule if in the opinion and experience of the licensed direct-entry midwife, the
condition of the client or infant warrant a consultation, collaboration, referral, or transfer.
[
(6) For the period from 2006 through 2011, a licensed direct-entry midwife must
submit outcome data to the Midwives' Alliance of North America's Division of Research on the
form and in the manner prescribed by rule.
]
[
(7)
] 
(6)
 This chapter does not mandate health insurance coverage for midwifery
services.
Section 31. Section 
58-81-102
 is amended to read:
58-81-102.
Definitions.
For purposes of this chapter:
(1) "Board" means the state licensing board created for each of the health care
practitioners included in Subsection (2).
(2) "Health care practitioner" includes:
(a) a podiatrist licensed under Chapter 5a, Podiatric Physician Licensing Act;
(b) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(c) a nurse or advanced practice registered nurse licensed under Chapter 31b, Nurse
Practice Act;
(d) a recreational therapist licensed under Chapter 40, Recreational Therapy Practice
Act;
(e) an occupational therapist licensed under Chapter 42a, Occupational Therapy
Practice Act;
(f) a nurse midwife licensed under Chapter 44a, Nurse Midwife Practice Act;
(g) a mental health professional licensed under Chapter 60, Mental Health Professional
Practice Act;
(h) a psychologist licensed under Chapter 61, Psychologist Licensing Act;
[
(h)
] 
(i)
 a physician licensed under Chapter 67, Utah Medical Practice Act;
[
(i)
] 
(j)
 an osteopath licensed under Chapter 68, Utah Osteopathic Medical Practice
Act;
[
(j)
] 
(k)
 a dentist or dental hygienist licensed under Chapter 69, Dentist and Dental
Hygienist Practice Act;
[
(k)
] 
(l)
 a physician assistant licensed under Chapter 70a, Physician Assistant Act;
[
(l)
] 
(m)
 a pharmacist licensed under Chapter 17b, Pharmacy Practice Act; or
[
(m)
] 
(n)
 an optometrist licensed under Chapter 16a, Utah Optometry Practice Act.
(3) "Qualified location" means:
(a) a clinic, hospital, church, or organization whose primary purpose is to sponsor,
promote, or organize uncompensated health care services for people unable to pay for health
care services; and
(b) is a location approved by the division.
(4) "Remuneration or compensation" [
is as
] 
means the same as that term is
 defined in
Section 
58-13-3
.
(5) "Supervising professional" means a health care practitioner:
(a) who has an active license in the state in good standing;
(b) with a scope of practice that is appropriate for supervising the applicant as
determined by the division and board; and
(c) who is practicing at the qualified location.
(6) "Supervision" means:
(a) the level of supervision required for:
(i) a social service worker in Chapter 60, Mental Health Professional Practice Act;
(ii) a dental hygienist in Chapter 69, Dentist and Dental Hygienist Practice Act;
(iii) a recreational therapist technician in Chapter 40, Recreational Therapy Practice
Act; and
(iv) an occupational technician assistant in Chapter 42a, Occupational Therapy Practice
Act; and
(b) for the health care practitioners listed in Subsections (2)(a) through (m) and not
included in Subsection (5)(a):
(i) entering into a delegation of service agreement with a supervising professional in
accordance with Subsection 
58-81-103
(2);
(ii) having the ability to contact the supervising professional during the time the
volunteer is providing volunteer services; and
(iii) for every 40 hours of volunteer service hours, meeting with the supervising
professional.
(7) "Volunteer" means the individual health care practitioner:
(a) will devote the health care practitioner's practice exclusively to providing care to
the needy and indigent in the state:
(i) within:
(A) the practitioner's scope of practice; and
(B) the delegation of service agreement between the volunteer and the supervising
professional; and
(ii) at a qualified location;
(b) will agree to donate professional services in a qualified location; and
(c) will not receive remuneration or compensation for the health care practitioner's
services.
Section 32. 
 Coordinating S.B. 136 with H.B. 185 -- Substantive and technical
amendments.
If this S.B. 136 and H.B. 185, Deception Detection Examiners Licensing Amendments,
both pass and become law, it is the intent of the Legislature that the Office of Legislative
Research and General Counsel, in preparing the Utah Code database for publication, modify
Section 
58-64-304
 to read:
"
[
The
] 
In addition to the
 exemptions from licensure [
under the provisions of this
chapter are limited to those set forth
] 
described
 in Section 
58-1-307
[
.
]
, a law enforcement
officer, as defined under Section 
53-13-103
, who is not licensed under this chapter, may
operate a voice stress analyzer or software application designed for detecting deception in the
course of the officer's employment with a federal, state, or local law enforcement agency, if the
officer:
(1) has completed the manufacturer's training course and is certified by the
manufacturer to operate the voice stress analyzer or software application designed for detecting
deception; and
(2) is operating the voice stress analyzer or software application designed for detecting
deception in accordance with Section 
58-64-601
, regarding deception detection instruments."