Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 37 First Substitute (2018GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies DOPL's authority to share certain licensee information;
• modifies provisions related to unlawful and unprofessional conduct;
• modifies the exemptions from licensure and other requirements related to cosmetology and associated professions;
• modifies background check requirements and other requirements for certain medical professions;
• modifies certain contractor licensing requirements;
• modifies the membership of the Hunting Guides and Outfitters Licensing Board; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Wed, Jan 24, 2018 at 12:10 PM by bbryner.
This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Wed, Jan 24, 2018 at 12:48 PM by lerror.
OCCUPATIONAL AND PROFESSIONAL LICENSING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
Committee Note:
The Business and Labor Interim Committee recommended this bill.
General Description:
This bill modifies statutory provisions related to the Division of Occupational and
Professional Licensing (DOPL).
Highlighted Provisions:
This bill:
▸ modifies DOPL's authority to share certain licensee information;
▸ modifies provisions related to unlawful and unprofessional conduct;
▸ modifies the exemptions from licensure and other requirements related to
cosmetology and associated professions;
▸ modifies background check requirements and other requirements for certain medical
professions;
▸ modifies certain contractor licensing requirements;
▸ modifies the membership of the Hunting Guides and Outfitters Licensing Board;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-106
, as last amended by Laws of Utah 2016, Chapter 238
58-1-301.5
, as last amended by Laws of Utah 2013, Chapter 262
58-1-501
, as last amended by Laws of Utah 2014, Chapter 408
58-1-502
, as last amended by Laws of Utah 2016, Chapter 238
58-11a-304
, as last amended by Laws of Utah 2013, Chapter 13
58-11a-306
, as last amended by Laws of Utah 2016, Chapter 274
58-17b-307
, as last amended by Laws of Utah 2012, Chapter 93
58-31b-201
, as last amended by Laws of Utah 2010, Chapter 372
58-31b-302
, as last amended by Laws of Utah 2014, Chapter 316
58-37-6.5
, as last amended by Laws of Utah 2017, Chapter 180
58-37f-401
, as last amended by Laws of Utah 2011, Chapter 23
58-47b-501
, as last amended by Laws of Utah 2000, Chapter 309
58-55-305
, as last amended by Laws of Utah 2013, Chapters 430 and 449
58-55-501
, as last amended by Laws of Utah 2014, Chapter 188
58-55-503
, as last amended by Laws of Utah 2017, Chapter 339
58-60-117
, as last amended by Laws of Utah 2015, Chapter 197
58-67-302
, as last amended by Laws of Utah 2012, Chapters 162 and 225
58-67-302.5
, as last amended by Laws of Utah 2011, Chapter 214
58-67-302.7
, as last amended by Laws of Utah 2015, Chapter 258
58-67-302.8
 (Effective 07/01/18)
, as enacted by Laws of Utah 2017, Chapter 299
58-67-304
 (Superseded 07/01/18)
, as last amended by Laws of Utah 2011, Chapters
161 and 214
58-67-304
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 299
58-67-403
, as last amended by Laws of Utah 2011, Chapter 214
58-68-302
, as last amended by Laws of Utah 2012, Chapters 162 and 225
58-68-302.5
 (Effective 07/01/18)
, as enacted by Laws of Utah 2017, Chapter 299
58-68-304
 (Superseded 07/01/18)
, as last amended by Laws of Utah 2011, Chapters
161 and 214
58-68-304
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 299
58-68-403
, as last amended by Laws of Utah 2011, Chapter 214
58-79-201
, as enacted by Laws of Utah 2009, Chapter 52
ENACTS:
58-67-302.1
, Utah Code Annotated 1953
REPEALS:
58-37f-402
, as last amended by Laws of Utah 2013, Chapter 450
Be it enacted by the Legislature of the state of Utah:
Section 1. 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) complying with Title 52, Chapter 4, Open and Public Meetings Act ;
(g) issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or
otherwise acting upon any license;
(h) preparing and submitting to the governor and the Legislature an annual report of the
division's operations, activities, and goals;
(i) preparing and submitting to the executive director a budget of the expenses for the
division;
(j) establishing the time and place for the administration of examinations; and
(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)(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).
(4) (a) Nothwithstanding any contrary provisions in Title 63G, Chapter 2, Government
Records Access and Management Act, the division may share licensee information with:
(i) the division's contracted agents when sharing the information is necessary to comply
with state or federal law; and
(ii) a person who is evaluating the progress or monitoring the compliance of an
individual who has been disciplined by the division under this title.
(b) The division may make rules to implement the provisions of this Subsection (4).
(5) All rules made by the division under this title shall be made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 2. Section 
58-1-301.5
 is amended to read:
58-1-301.5.
Division access to Bureau of Criminal Identification records.
(1) The division shall have direct access to criminal background information
maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau
of Criminal Identification, for background screening of persons who are applying for licensure,
licensure renewal, licensure reinstatement, or relicensure, as required in:
(a) Section 
58-17b-307
 of Title 58, Chapter 17b, Pharmacy Practice Act;
(b) Section 
58-31b-302
 of Title 58, Chapter 31b, Nurse Practice Act;
(c) Section 
58-47b-302
 of Title 58, Chapter 47b, Massage Therapy Practice Act;
(d) Section 
58-55-302
 of Title 58, Chapter 55, Utah Construction Trades Licensing
Act, as it applies to alarm companies and alarm company agents;
(e) Section 
58-63-302
 of Title 58, Chapter 63, Security Personnel Licensing Act; [
and
]
(f) Section 
58-64-302
 of Title 58, Chapter 64, Deception Detection Examiners
Licensing Act[
.
]
;
(g) Sections 
58-67-302
 and 
58-67-302.1
 of Title 58, Chapter 67, Utah Medical Practice
Act; and
(h) Section 
58-68-302
 of Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) The division's access to criminal background information under this section:
(a) shall meet the requirements of Section 
53-10-108
; and
(b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
held in abeyance, dismissed charges, and charges without a known disposition.
Section 3. Section 
58-1-501
 is amended to read:
58-1-501.
Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
under this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any occupation or profession requiring licensure under this
title if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary,
probationary, or inactive license;
(b) (i) impersonating another licensee or practicing an occupation or profession under a
false or assumed name, except as permitted by law; or
(ii) for a licensee who has had a license under this title reinstated following disciplinary
action, practicing the same occupation or profession using a different name than the name used
before the disciplinary action, except as permitted by law and after notice to, and approval by,
the division;
(c) knowingly employing any other person to practice or engage in or attempt to
practice or engage in any occupation or profession licensed under this title if the employee is
not licensed to do so under this title;
(d) knowingly permitting the person's authority to practice or engage in any occupation
or profession licensed under this title to be used by another, except as permitted by law;
(e) obtaining a passing score on a licensure examination, applying for or obtaining a
license, or otherwise dealing with the division or a licensing board through the use of fraud,
forgery, or intentional deception, misrepresentation, misstatement, or omission; or
(f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device to a person located in this state:
(A) without prescriptive authority conferred by a license issued under this title, or by
an exemption to licensure under this title; or
(B) with prescriptive authority conferred by an exception issued under this title or a
multistate practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment; and
(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
or cross coverage situation, provided that the person who issues the prescription has
prescriptive authority conferred by a license under this title, or is exempt from licensure under
this title.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
as unprofessional conduct under this title or under any rule adopted under this title and
includes:
(a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
regulating an occupation or profession under this title;
(b) violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to an occupation or profession regulated under this
title;
(c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
of guilty or nolo contendere which is held in abeyance pending the successful completion of
probation with respect to a crime of moral turpitude or any other crime that, when considered
with the functions and duties of the occupation or profession for which the license was issued
or is to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely
or competently practice the occupation or profession;
(d) engaging in conduct that results in disciplinary action, including reprimand,
censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
authority having jurisdiction over the licensee or applicant in the same occupation or profession
if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
proceedings under Section 
58-1-401
;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
ability of the licensee or applicant to safely engage in the occupation or profession;
(f) practicing or attempting to practice an occupation or profession regulated under this
title despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation or profession regulated under this
title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(h) practicing or attempting to practice an occupation or profession requiring licensure
under this title by any form of action or communication which is false, misleading, deceptive,
or fraudulent;
(i) practicing or attempting to practice an occupation or profession regulated under this
title beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice an occupation or profession regulated under this
title beyond the scope of the licensee's license;
(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
conduct connected with the licensee's practice under this title or otherwise facilitated by the
licensee's license;
(l) acting as a supervisor without meeting the qualification requirements for that
position that are defined by statute or rule;
(m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
drug or device:
(i) without first obtaining information in the usual course of professional practice, that
is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
the proposed treatment; or
(ii) with prescriptive authority conferred by an exception issued under this title, or a
multi-state practice privilege recognized under this title, if the prescription was issued without
first obtaining information, in the usual course of professional practice, that is sufficient to
establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
proposed treatment;
(n) violating a provision of Section 
58-1-501.5
; or
(o) violating the terms of an order governing a license.
(3) Unless otherwise specified by statute or administrative rule, in a civil or
administrative proceeding commenced by the division under this title, a person subject to any
of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
violation.
Section 4. 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 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) If, upon inspection or investigation, the division determines that a person has
violated an unlawful conduct or an unprofessional conduct provision defined in this title more
than one time, the division may treat each violation as a separate violation of the unlawful
conduct or unprofessional conduct provision and may apply a penalty as described in this title
to each violation.
[
(4)
] 
(5)
 (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
] 
a
 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
] 
collect a penalty
.
Section 5. Section 
58-11a-304
 is amended to read:
58-11a-304.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following persons
may engage in the practice of barbering, cosmetology/barbering, esthetics, master-level
esthetics, electrology, or nail technology without being licensed under this chapter:
(1) a person licensed under the laws of this state to engage in the practice of medicine,
surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
they are licensed;
(2) a commissioned physician or surgeon serving in the armed forces of the United
States or another federal agency;
(3) a registered nurse, undertaker, or mortician licensed under the laws of this state
when engaged in the practice of the profession for which the person is licensed;
(4) a person who visits the state to engage in instructional seminars, advanced classes,
trade shows, or competitions of a limited duration;
(5) a person who engages in the practice of barbering, cosmetology/barbering, 
hair
design,
 esthetics, master-level esthetics, electrology, or nail technology without compensation;
(6) a person instructing an adult education class or other educational program directed
toward persons who are not licensed under this chapter and that is not intended to train persons
to become licensed under this chapter, provided:
(a) an attendee receives no credit toward educational requirements for licensure under
this chapter;
(b) the instructor informs each attendee in writing that taking such a class or program
will not certify or qualify the attendee to perform a service for compensation that requires
licensure under this chapter; and
(c) (i) the instructor is properly licensed; or
(ii) the instructor receives no compensation;
(7) a person providing instruction in workshops, seminars, training meetings, or other
educational programs whose purpose is to provide continuing professional development to
licensed barbers, cosmetologists/barbers, 
hair designers,
 estheticians, master estheticians,
electrologists, or nail technicians;
(8) a person enrolled in a licensed barber or cosmetology/barber school when
participating in an on the job training internship under the direct supervision of a licensed
barber or cosmetologist/barber upon completion of a basic program under the standards
established by rule by the division in collaboration with the board;
(9) a person enrolled in an approved apprenticeship pursuant to Section 
58-11a-306
;
(10) an employee of a company that is primarily engaged in the business of selling
products used in the practice of barbering, cosmetology/barbering, esthetics, master-level
esthetics, electrology, or nail technology when demonstrating the company's products to a
potential customer, provided the employee makes no representation to a potential customer that
attending such a demonstration will certify or qualify the attendee to perform a service for
compensation that requires licensure under this chapter;
(11) a person who:
(a) is qualified to engage in the practice of barbering, cosmetology/barbering, esthetics,
master-level esthetics, electrology, or nail technology in another jurisdiction as evidenced by
licensure, certification, or lawful practice in the other jurisdiction;
(b) is employed by, or under contract with, a motion picture company; and
(c) engages in the practice of barbering, cosmetology/barbering, esthetics, master-level
esthetics, electrology, or nail technology in the state:
(i) solely to assist in the production of a motion picture; and
(ii) for no more than 120 days per calendar year; and
(12) a person who:
(a) engages in hair braiding; and
(b) unless it is expressly exempted under this section or Section 
58-1-307
, does not
engage in other activity requiring licensure under this chapter.
Section 6. Section 
58-11a-306
 is amended to read:
58-11a-306.
Apprenticeship.
(1) An approved barber apprenticeship shall:
(a) consist of not less than 1,250 hours of training in not less than eight months; and
(b) be conducted by a supervisor who:
(i) is licensed under this chapter as a barber instructor or a cosmetology/barber
instructor; and
(ii) provides one-on-one direct supervision of the barber apprentice during the
apprenticeship program.
(2) An approved cosmetologist/barber apprenticeship shall:
(a) consist of not less than 2,500 hours of training in not less than 15 months; and
(b) be conducted by a supervisor who:
(i) is licensed under this chapter as a cosmetologist/barber instructor; and
(ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
during the apprenticeship program.
(3) An approved esthetician apprenticeship shall:
(a) consist of not less than 800 hours of training in not less than five months; and
(b) be conducted by a supervisor who:
(i) is licensed under this chapter as an esthetician instructor; and
(ii) provides one-on-one direct supervision of the esthetician apprentice during the
apprenticeship program.
(4) An approved master esthetician apprenticeship shall:
(a) consist of not less than 1,500 hours of training in not less than 10 months; and
(b) be conducted by a supervisor who:
(i) is licensed under this chapter as a master-level esthetician instructor; and
(ii) provides one-on-one direct supervision of the master esthetician apprentice during
the apprenticeship program.
(5) An approved nail technician apprenticeship shall:
(a) consist of not less than 375 hours of training in not less than three months; and
(b) be conducted by a supervisor who:
(i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
instructor; [
and
]
(ii) provides [
one-on-one
] direct supervision of the nail technician apprentice during
the apprenticeship program[
.
]
; and
(iii) provides direct supervision to no more than two nail technician apprentices during
the apprentice program.
(6) A person seeking to qualify for licensure by apprenticing in an approved
apprenticeship under this chapter shall:
(a) register with the division before beginning the training requirements by:
(i) submitting a form prescribed by the division, which includes the name of the
licensed supervisor; and
(ii) paying a fee determined by the department under Section 
63J-1-504
;
(b) complete the apprenticeship within five years of the date on which the division
approves the registration; and
(c) notify the division within 30 days if the licensed supervisor changes after the
registration is approved by the division.
(7) Notwithstanding Subsection (6), if a person seeking to qualify for licensure by
apprenticing in an approved apprenticeship under this chapter registers with the division before
January 1, 2017, any training requirements completed by the person as an apprentice in an
approved apprenticeship before registration may be applied to successful completion of the
approved apprenticeship.
Section 7. Section 
58-17b-307
 is amended to read:
58-17b-307.
Qualification for licensure -- Criminal background checks.
(1) An applicant for licensure under this chapter shall:
(a) submit fingerprint cards 
or other biometric data
 in a form acceptable to the division
at the time the license application is filed; and
(b) 
in accordance with this section and requirements established by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 consent to a
fingerprint background check regarding the application 
conducted
 by the:
(i) Utah Bureau of Criminal Identification; and
(ii) Federal Bureau of Investigation.
(2) The division shall request the [
Department of Public Safety to
] 
Utah Bureau of
Criminal Identification
 complete a Federal Bureau of Investigation criminal background check
for each applicant through the National [
Criminal History System (NCIC)
] 
Crime Information
Center
 or any successor system.
(3) For purposes of conducting the criminal background check required in Subsection
(1), the division shall have direct access to criminal background information maintained under
Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(4) (a) A new pharmacist, pharmacy intern, or pharmacy technician license issued
under this section is conditional, pending completion of the criminal background check.
(b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required in Subsection (1), discloses the applicant has failed to
accurately disclose a criminal history, the license is immediately and automatically revoked
upon notice to the licensee by the division.
(5) 
(a)
 A person whose conditional license has been revoked under Subsection (4) is
entitled to a postrevocation hearing to challenge the revocation.
(b)
 The division shall conduct [
the
] 
a postrevocation
 hearing in accordance with Title
63G, Chapter 4, Administrative Procedures Act.
(6) The division may not disclose outside of the division any criminal history record
information that the division obtains from the Federal Bureau of Investigation under the
criminal background check requirements of this section.
Section 8. Section 
58-31b-201
 is amended to read:
58-31b-201.
Board.
(1) There is created the Board of Nursing that consists of the following 11 members:
(a) nine nurses in a manner as may be further defined in division rule; and
(b) two members of the public.
(2) The board shall be appointed and serve in accordance with Section 
58-1-201
.
(3) The board shall carry out the duties and responsibilities in Sections 
58-1-202
 and
58-1-203
 and shall:
(a) (i) recommend to the division minimum standards for educational programs
qualifying a person for licensure or certification under this chapter;
(ii) recommend to the division denial, approval, or withdrawal of approval regarding
educational programs that meet or fail to meet the established minimum standards; and
(iii) designate one of its members on a permanent or rotating basis to:
(A) assist the division in reviewing complaints concerning the unlawful or
unprofessional conduct of a licensee; and
(B) advise the division in its investigation of these complaints.
(b) A board member who has, under Subsection (3)(a)(iii), reviewed a complaint or
advised in its investigation may be disqualified from participating with the board when the
board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
[
(4) (a) The director shall appoint an individual to serve as an ex officio member of the
Board of Nursing to represent the position of the division in matters considered by the board.
]
[
(b) The ex officio member shall be a licensed registered nurse, shall have earned a
masters degree in nursing, and shall have a minimum of five years of experience working in
nursing administration or nursing education.
]
Section 9. Section 
58-31b-302
 is amended to read:
58-31b-302.
Qualifications for licensure or certification -- Criminal background
checks.
(1) An applicant for certification as a medication aide shall:
(a) submit an application to the division on a form prescribed by the division;
(b) pay a fee to the division as determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) have a current certification as a nurse aide, in good standing, from the Department
of Health;
(e) have a minimum of 2,000 hours of experience within the two years prior to
application, working as a certified nurse aide in a long-term care facility;
(f) obtain letters of recommendation from a long-term care facility administrator and
one licensed nurse familiar with the applicant's work practices as a certified nurse aide;
(g) be in a condition of physical and mental health that will permit the applicant to
practice safely as a medication aide certified;
(h) have completed an approved education program or an equivalent as determined by
the division in collaboration with the board;
(i) have passed the examinations as required by division rule made in collaboration
with the board; and
(j) meet with the board, if requested, to determine the applicant's qualifications for
certification.
(2) An applicant for licensure as a licensed practical nurse shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will permit the applicant to
practice safely as a licensed practical nurse;
(e) have completed an approved practical nursing education program or an equivalent
as determined by the board;
(f) have passed the examinations as required by division rule made in collaboration
with the board; and
(g) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(3) An applicant for licensure as a registered nurse shall:
(a) submit to the division an application form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will allow the applicant to
practice safely as a registered nurse;
(e) have completed an approved registered nursing education program;
(f) have passed the examinations as required by division rule made in collaboration
with the board; and
(g) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(4) Applicants for licensure as an advanced practice registered nurse shall:
(a) submit to the division an application on a form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) be in a condition of physical and mental health which will allow the applicant to
practice safely as an advanced practice registered nurse;
(d) hold a current registered nurse license in good standing issued by the state or be
qualified at the time for licensure as a registered nurse;
(e) (i) have earned a graduate degree in:
(A) an advanced practice registered nurse nursing education program; or
(B) a related area of specialized knowledge as determined appropriate by the division
in collaboration with the board; or
(ii) have completed a nurse anesthesia program in accordance with Subsection
(4)(f)(ii);
(f) have completed:
(i) course work in patient assessment, diagnosis and treatment, and
pharmacotherapeutics from an education program approved by the division in collaboration
with the board; or
(ii) a nurse anesthesia program which is approved by the Council on Accreditation of
Nurse Anesthesia Educational Programs;
(g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
described in division rule, that the applicant, after completion of a doctorate or master's degree
required for licensure, is in the process of completing the applicant's clinical practice
requirements in psychiatric mental health nursing, including in psychotherapy;
(h) have passed the examinations as required by division rule made in collaboration
with the board;
(i) be currently certified by a program approved by the division in collaboration with
the board and submit evidence satisfactory to the division of the certification; and
(j) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(5) For each applicant for licensure or certification under this chapter:
(a) the applicant shall:
(i) submit fingerprint cards 
or other biometric data
 in a form acceptable to the division
at the time the application is filed; and
(ii) consent to a fingerprint background check 
conducted
 by the Utah Bureau of
Criminal Identification and the Federal Bureau of Investigation regarding the application; and
(b) the division shall request the [
Department of Public Safety to
] 
Utah Bureau of
Criminal Identification
 complete a Federal Bureau of Investigation criminal background check
through the [
national criminal history system (NCIC)
] 
National Crime Information Center
 or
any successor system.
(6) For purposes of conducting the criminal background checks required in Subsection
(5), the division shall have direct access to criminal background information maintained
pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(7) (a) (i) Any new nurse license or certification issued under this section shall be
conditional, pending completion of the criminal background check.
(ii) [
If
] 
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if
 the
criminal background check discloses the applicant has failed to accurately disclose a criminal
history, the license or certification shall be immediately and automatically revoked 
upon notice
to the licensee by the division
.
(b) (i) Any person whose conditional license or certification has been revoked under
Subsection (7)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
(ii) [
The
] 
A postrevocation
 hearing shall be conducted in accordance with Title 63G,
Chapter 4, Administrative Procedures Act.
(8) (a) If a person has been charged with a violent felony, as defined in Subsection
76-3-203.5
(1)(c), and, as a result, the person has been convicted, entered a plea of guilty or
nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
successful completion of probation:
(i) the person is disqualified for licensure under this chapter; and
(ii) (A) if the person is licensed under this chapter, the division:
(I) shall act upon the license as required under Section 
58-1-401
; and
(II) may not renew or subsequently issue a license to the person under this chapter; and
(B) if the person is not licensed under this chapter, the division may not issue a license
to the person under this chapter.
(b) If a person 
licensed under this chapter
 has been charged with a felony other than a
violent felony, as defined in Subsection 
76-3-203.5
(1)(c), and, as a result, the person has been
convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo
contendere held in abeyance pending the successful completion of probation[
:(i) if the person
is licensed under this chapter,
]
,
 the division shall determine whether the felony disqualifies the
person for licensure under this chapter and act upon the license, as required, in accordance with
Section 
58-1-401
[
; and
]
.
[
(ii) if the person is not licensed under this chapter, the person may not file an
application for licensure under this chapter any sooner than five years after having completed
the conditions of the sentence or plea agreement.
]
(9) The division may not disclose outside of the division any criminal history record
information that the division obtains from the Federal Bureau of Investigation under the
criminal background check requirements of this section.
Section 10. Section 
58-37-6.5
 is amended to read:
58-37-6.5.
Continuing education for controlled substance prescribers.
(1) For the purposes of this section:
(a) "Controlled substance prescriber" means an individual, other than a veterinarian,
who:
(i) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
Controlled Substances Act; and
(ii) possesses the authority, in accordance with the individual's scope of practice, to
prescribe schedule II controlled substances and schedule III controlled substances that are
applicable to opioid narcotics, hypnotic depressants, or psychostimulants.
(b) "D.O." means an osteopathic physician and surgeon licensed under Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act.
(c) "FDA" means the United States Food and Drug Administration.
(d) "M.D." means a physician and surgeon licensed under Title 58, Chapter 67, Utah
Medical Practice Act.
(e) "SBIRT" means the Screening, Brief Intervention, and Referral to Treatment
approach used by the federal Substance Abuse and Mental Health Services Administration or
defined by the division, in consultation with the Division of Substance Abuse and Mental
Health, by administrative rule, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(2) (a) Beginning with the licensing period that begins after January 1, 2014, as a
condition precedent for license renewal, each controlled substance prescriber shall complete at
least four continuing education hours per licensing period that satisfy the requirements of
[
Subsections
] 
Subsection
 (3) [
and (4)
].
(b) (i) Beginning with the licensing period that begins after January 1, 2024, as a
condition precedent for license renewal, each controlled substance prescriber shall complete at
least 3.5 continuing education hours in an SBIRT-training class that satisfies the requirements
of Subsection [
(5)
] 
(4)
.
(ii) Completion of the SBIRT-training class, in compliance with Subsection (2)(b)(i),
fulfills the continuing education hours requirement in Subsection [
(4)
] 
(3)
 for the licensing
period in which the class was completed.
(iii) A controlled substance prescriber:
(A) need only take the SBIRT-training class once during the controlled substance
prescriber's licensure in the state; and
(B) shall provide a completion record of the SBIRT-training class in order to be
reimbursed for SBIRT services to patients, in accordance with Section 
26-18-22
 and Section
49-20-416
.
[
(3) As provided in Subsection 
58-37f-402
(8), the online tutorial and passing the
online test described in Section 
58-37f-402
 shall count as 1/2 hour of continuing professional
education under Subsection (2) per licensing period.
]
[
(4)
] 
(3)
 A controlled substance prescriber shall complete at least 3.5 hours of
continuing education in one or more controlled substance prescribing classes, except dentists
who shall complete at least two hours, that satisfy the requirements of Subsections [
(5)
] 
(4)
 and
[
(7)
] 
(6)
.
[
(5)
] 
(4)
 A controlled substance prescribing class shall:
(a) satisfy the division's requirements for the continuing education required for the
renewal of the controlled substance prescriber's respective license type;
(b) be delivered by an accredited or approved continuing education provider
recognized by the division as offering continuing education appropriate for the controlled
substance prescriber's respective license type; and
(c) include a postcourse knowledge assessment.
[
(6)
] 
(5)
 An M.D. or D.O. completing continuing professional education hours under
Subsection (4) shall complete those hours in classes that qualify for the American Medical
Association Physician's Recognition Award Category 1 Credit.
[
(7)
] 
(6)
 The 3.5 hours of the controlled substance prescribing classes under Subsection
(4) shall include educational content covering the following:
(a) the scope of the controlled substance abuse problem in Utah and the nation;
(b) all elements of the FDA Blueprint for Prescriber Education under the FDA's
Extended-Release and Long-Acting Opioid Analgesics Risk Evaluation and Mitigation
Strategy, as published July 9, 2012, or as it may be subsequently revised;
(c) the national and Utah-specific resources available to prescribers to assist in
appropriate controlled substance and opioid prescribing;
(d) patient record documentation for controlled substance and opioid prescribing; and
(e) office policies, procedures, and implementation.
[
(8)
] 
(7)
 (a) The division, in consultation with the Utah Medical Association
Foundation, shall determine whether a particular controlled substance prescribing class satisfies
the educational content requirements of Subsections [
(5)
] 
(4)
 and [
(7)
] 
(6)
 for an M.D. or D.O.
(b) The division, in consultation with the applicable professional licensing boards,
shall determine whether a particular controlled substance prescribing class satisfies the
educational content requirements of Subsections [
(5)
] 
(4)
 and [
(7)
] 
(6)
 for a controlled
substance prescriber other than an M.D. or D.O.
(c) The division may by rule establish a committee that may audit compliance with the
Utah Risk Evaluation and Mitigation Strategy (REMS) Educational Programming Project
grant, that satisfies the educational content requirements of Subsections [
(5)
] 
(4)
 and [
(7)
] 
(6)
for a controlled substance prescriber.
[
(9)
] 
(8)
 A controlled substance prescribing class required under this section:
(a) may be held:
(i) in conjunction with other continuing professional education programs; and
(ii) online; and
(b) does not increase the total number of state-required continuing professional
education hours required for prescriber licensing.
[
(10)
] 
(9)
 The division may establish rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to implement this section.
[
(11)
] 
(10)
 A controlled substance prescriber who, on or after July 1, 2017, obtains a
waiver to treat opioid dependency with narcotic medications, in accordance with the Drug
Addiction Treatment Act of 2000, 21 U.S.C. Sec. 823 et seq., may use the waiver to satisfy the
3.5 hours of the continuing education requirement under Subsection [
(4)
] 
(3)
 for two
consecutive licensing periods.
Section 11. Section 
58-37f-401
 is amended to read:
58-37f-401.
Database registration required -- Penalties for failure to register.
(1) Each individual, other than a veterinarian, who, on June 30, 2010, has a license to
prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, but is not
registered with the division to use the database shall, on or before September 30, 2010, register
with the division to use the database.
[
(2) Each individual who, on November 1, 2012, is registered with the division to use
the database shall, on or before January 1, 2013, participate in the online tutorial and pass the
online test described in Section 
58-37f-402
.
]
[
(3)
] 
(2)
 (a) An individual who is not a veterinarian, who obtains a new license to
prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, shall,
within 30 days after the day on which the individual obtains a license to prescribe a controlled
substance from the Drug Enforcement Administration, register with the division to use the
database.
(b) An individual who is not a veterinarian may not renew a license to prescribe a
controlled substance under Chapter 37, Utah Controlled Substances Act, unless the individual
registers with the division to use the database.
[
(4) Beginning on November 2, 2012, in order to register to use the database, the
individual registering must participate in the online tutorial and pass the online test described
in Section 
58-37f-402
.
]
[
(5)
] 
(3)
 Failure by an individual to comply with the requirements of this section is
grounds for the division to take the following actions in accordance with Section 
58-1-401
:
(a) refuse to issue a license to the individual;
(b) refuse to renew the individual's license; or
(c) revoke, suspend, restrict, or place on probation the license.
[
(6)
] 
(4)
 Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
, impose an annual database registration fee on an individual who registers to use the
database, to pay the startup and ongoing costs of the division for complying with the
requirements of this section [
and Section 
58-37f-402
].
Section 12. Section 
58-47b-501
 is amended to read:
58-47b-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) practicing, engaging in, or attempting to practice or engage in massage therapy
without holding a current license as a massage therapist or a massage apprentice under this
chapter;
(2) advertising or representing himself as practicing massage therapy when not licensed
to do so; and
(3) massaging, touching, or applying any instrument or device by a licensee in the
course of practicing or engaging in massage therapy to 
the
:
(a) genitals
 [
or
]
;
(b)
 anus; [
and
] 
or
[
(b)
] 
(c)
 breasts of a female patron, except when a female patron requests breast
massage, as may be further defined by division rule, and signs a written consent form, which
must also include the signature of a parent or legal guardian if the patron is a minor,
authorizing the procedure and outlining the reason for it before the procedure is performed.
Section 13. Section 
58-55-305
 is amended to read:
58-55-305.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 
58-1-307
, the following
persons may engage in acts or practices included within the practice of construction trades,
subject to the stated circumstances and limitations, without being licensed under this chapter:
(a) an authorized representative of the United States government or an authorized
employee of the state or any of its political subdivisions when working on construction work of
the state or the subdivision, and when acting within the terms of the person's trust, office, or
employment;
(b) a person engaged in construction or operation incidental to the construction and
repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
districts, and drainage districts or construction and repair relating to farming, dairying,
agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
excavations, well drilling, as defined in Section 
73-3-25
, hauling to and from construction
sites, and lumbering;
(c) public utilities operating under the rules of the Public Service Commission on work
incidental to their own business;
(d) sole owners of property engaged in building:
(i) no more than one residential structure per year and no more than three residential
structures per five years on their property for their own noncommercial, nonpublic use; except,
a person other than the property owner or individuals described in Subsection (1)(e), who
engages in building the structure must be licensed under this chapter if the person is otherwise
required to be licensed under this chapter; or
(ii) structures on their property for their own noncommercial, nonpublic use which are
incidental to a residential structure on the property, including sheds, carports, or detached
garages;
(e) (i) a person engaged in construction or renovation of a residential building for
noncommercial, nonpublic use if that person:
(A) works without compensation other than token compensation that is not considered
salary or wages; and
(B) works under the direction of the property owner who engages in building the
structure; and
(ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
exempted from licensure under this Subsection (1)(e), that is:
(A) minimal in value when compared with the fair market value of the services
provided by the person;
(B) not related to the fair market value of the services provided by the person; and
(C) is incidental to the providing of services by the person including paying for or
providing meals or refreshment while services are being provided, or paying reasonable
transportation costs incurred by the person in travel to the site of construction;
(f) a person engaged in the sale or merchandising of personal property that by its design
or manufacture may be attached, installed, or otherwise affixed to real property who has
contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
attach that property;
(g) a contractor submitting a bid on a federal aid highway project, if, before
undertaking construction under that bid, the contractor is licensed under this chapter;
(h) (i) 
subject to Subsection 
58-1-401
(2) and Sections 
58-55-501
 and 
58-55-502
,
 a
person engaged in the alteration, repair, remodeling, or addition to or improvement of a
building with a contracted or agreed value of less than $3,000, including both labor and
materials, and including all changes or additions to the contracted or agreed upon work; and
(ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
section:
(A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
any six month period of time:
(I) must be performed by a licensed electrical or plumbing contractor, if the project
involves an electrical or plumbing system; and
(II) may be performed by a licensed journeyman electrician or plumber or an individual
referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
such as a faucet, toilet, fixture, device, outlet, or electrical switch;
(B) installation, repair, or replacement of a residential or commercial gas appliance or a
combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
received certification under Subsection 
58-55-308
(2) except as otherwise provided in
Subsection 
58-55-308
(2)(d) or 
58-55-308
(3);
(C) installation, repair, or replacement of water-based fire protection systems on a
Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
contractor or a licensed journeyman plumber;
(D) work as an alarm business or company or as an alarm company agent shall be
performed by a licensed alarm business or company or a licensed alarm company agent, except
as otherwise provided in this chapter;
(E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
project must be performed by a licensed alarm business or company or a licensed alarm
company agent;
(F) installation, repair, or replacement of a heating, ventilation, or air conditioning
system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
licensed by the division;
(G) installation, repair, or replacement of a radon mitigation system or a soil
depressurization system must be performed by a licensed contractor; and
(H) if the total value of the project is greater than $1,000, the person shall file with the
division a one-time affirmation, subject to periodic reaffirmation as established by division
rule, that the person has:
(I) public liability insurance in coverage amounts and form established by division
rule; and
(II) if applicable, workers compensation insurance which would cover an employee of
the person if that employee worked on the construction project;
(i) a person practicing a specialty contractor classification or construction trade which
the director does not classify by administrative rule as significantly impacting the public's
health, safety, and welfare;
(j) owners and lessees of property and persons regularly employed for wages by owners
or lessees of property or their agents for the purpose of maintaining the property, are exempt
from this chapter when doing work upon the property;
(k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
division by rule, to the replacement or repair of a fixture or an appliance in a residential or
small commercial building, or structure used for agricultural use, as defined in Section
15A-1-202
, provided that no modification is made to:
(A) existing culinary water, soil, waste, or vent piping; or
(B) a gas appliance or combustion system; and
(ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
an appliance is not included in the exemption provided under Subsection (1)(k)(i);
(l) a person who ordinarily would be subject to the plumber licensure requirements
under this chapter when installing or repairing a water conditioner or other water treatment
apparatus if the conditioner or apparatus:
(i) meets the appropriate state construction codes or local plumbing standards; and
(ii) is installed or repaired under the direction of a person authorized to do the work
under an appropriate specialty contractor license;
(m) a person who ordinarily would be subject to the electrician licensure requirements
under this chapter when employed by:
(i) railroad corporations, telephone corporations or their corporate affiliates, elevator
contractors or constructors, or street railway systems; or
(ii) public service corporations, rural electrification associations, or municipal utilities
who generate, distribute, or sell electrical energy for light, heat, or power;
(n) a person involved in minor electrical work incidental to a mechanical or service
installation, including the outdoor installation of an above-ground, prebuilt hot tub;
(o) a person who ordinarily would be subject to the electrician licensure requirements
under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
contractor license for the electrical work associated with the installation, repair, or maintenance
of solar energy panels, may continue the limited electrical work for solar energy panels under a
specialty contractor license;
(p) a student participating in construction trade education and training programs
approved by the commission with the concurrence of the director under the condition that:
(i) all work intended as a part of a finished product on which there would normally be
an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
building inspector; and
(ii) a licensed contractor obtains the necessary building permits;
(q) a delivery person when replacing any of the following existing equipment with a
new gas appliance, provided there is an existing gas shutoff valve at the appliance:
(i) gas range;
(ii) gas dryer;
(iii) outdoor gas barbeque; or
(iv) outdoor gas patio heater;
(r) a person performing maintenance on an elevator as defined in Subsection
58-55-102
(14), if the maintenance is not related to the operating integrity of the elevator; and
(s) an apprentice or helper of an elevator mechanic licensed under this chapter when
working under the general direction of the licensed elevator mechanic.
(2) A compliance agency as defined in Section 
15A-1-202
 that issues a building permit
to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
notify the division, in writing or through electronic transmission, of the issuance of the permit.
Section 14. Section 
58-55-501
 is amended to read:
58-55-501.
Unlawful conduct.
Unlawful conduct includes:
(1) engaging in a construction trade, acting as a contractor, an alarm business or
company, or an alarm company agent, or representing oneself to be engaged in a construction
trade or to be acting as a contractor in a construction trade requiring licensure, unless the
person doing any of these is appropriately licensed or exempted from licensure under this
chapter;
(2) acting in a construction trade, as an alarm business or company, or as an alarm
company agent beyond the scope of the license held;
(3) hiring or employing a person who is not licensed under this chapter to perform
work on a project, unless the person:
(a) is an employee of a person licensed under this chapter for wages; and
(b) is not required to be licensed under this chapter;
(4) applying for or obtaining a building permit either for oneself or another when not
licensed or exempted from licensure as a contractor under this chapter;
(5) issuing a building permit to any person for whom there is no evidence of a current
license or exemption from licensure as a contractor under this chapter;
(6) applying for or obtaining a building permit for the benefit of or on behalf of any
other person who is required to be licensed under this chapter but who is not licensed or is
otherwise not entitled to obtain or receive the benefit of the building permit;
(7) failing to obtain a building permit when required by law or rule;
(8) submitting a bid for any work for which a license is required under this chapter by a
person not licensed or exempted from licensure as a contractor under this chapter;
(9) willfully or deliberately misrepresenting or omitting a material fact in connection
with an application to obtain or renew a license under this chapter;
(10) allowing one's license to be used by another except as provided by statute or rule;
(11) doing business under a name other than the name appearing on the license, except
as permitted by statute or rule;
(12) if licensed as a [
specialty
] contractor in the electrical trade or plumbing trade,
journeyman plumber, residential journeyman plumber, journeyman electrician, master
electrician, or residential electrician, failing to directly supervise an apprentice under one's
supervision or exceeding the number of apprentices one is allowed to have under the
[
speciality
] contractor's supervision;
(13) if licensed as a contractor or representing oneself to be a contractor, receiving any
funds in payment for a specific project from an owner or any other person, which funds are to
pay for work performed or materials and services furnished for that specific project, and after
receiving the funds to exercise unauthorized control over the funds by failing to pay the full
amounts due and payable to persons who performed work or furnished materials or services
within a reasonable period of time;
(14) employing an unlicensed alarm business or company or an unlicensed individual
as an alarm company agent, except as permitted under the exemption from licensure provisions
under Section 
58-1-307
;
(15) if licensed as an alarm company or alarm company agent, filing with the division
fingerprint cards for an applicant which are not those of the applicant, or are in any other way
false or fraudulent and intended to mislead the division in its consideration of the applicant for
licensure;
(16) if licensed under this chapter, willfully or deliberately disregarding or violating:
(a) the building or construction laws of this state or any political subdivision;
(b) the safety and labor laws applicable to a project;
(c) any provision of the health laws applicable to a project;
(d) the workers' compensation insurance laws of the state applicable to a project;
(e) the laws governing withholdings for employee state and federal income taxes,
unemployment taxes, Social Security payroll taxes, or other required withholdings; or
(f) reporting, notification, and filing laws of this state or the federal government;
(17) aiding or abetting any person in evading the provisions of this chapter or rules
established under the authority of the division to govern this chapter;
(18) engaging in the construction trade or as a contractor for the construction of
residences of up to two units when not currently registered or exempt from registration as a
qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
Fund Act;
(19) failing, as an original contractor, as defined in Section 
38-11-102
, to include in a
written contract the notification required in Section 
38-11-108
;
(20) wrongfully filing a preconstruction or construction lien in violation of Section
38-1a-308
;
(21) if licensed as a contractor, not completing the approved continuing education
required under Section 
58-55-302.5
;
(22) an alarm company allowing an employee with a temporary license under Section
58-55-312
 to engage in conduct on behalf of the company outside the scope of the temporary
license, as provided in Subsection 
58-55-312
(3)(a)(ii);
(23) an alarm company agent under a temporary license under Section 
58-55-312
engaging in conduct outside the scope of the temporary license, as provided in Subsection
58-55-312
(3)(a)(ii);
(24) (a) an unincorporated entity licensed under this chapter having an individual who
owns an interest in the unincorporated entity engage in a construction trade in Utah while not
lawfully present in the United States; or
(b) an unincorporated entity providing 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 while not lawfully present in the United States;
(25) an unincorporated entity failing to provide the following for an individual who
engages, or will engage, in a construction trade in Utah for the unincorporated entity, or for an
individual who engages, or will engage, in a construction trade in Utah for a separate entity for
which the unincorporated entity provides the individual as labor:
(a) workers' compensation coverage:
(i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and
Title 34A, Chapter 3, Utah Occupational Disease Act; or
(ii) that would be required under the chapters listed in Subsection (25)(a)(i) if the
unincorporated entity were licensed under this chapter; and
(b) unemployment compensation in accordance with Title 35A, Chapter 4,
Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
interest in the unincorporated entity, as defined by rule made by the division in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(26) the failure of a sign installation contractor or nonelectrical outdoor advertising
sign contractor, as classified and defined in division rules, to:
(a) display the contractor's license number prominently on a vehicle that:
(i) the contractor uses; and
(ii) displays the contractor's business name; or
(b) carry a copy of the contractor's license in any other vehicle that the contractor uses
at a job site, whether or not the vehicle is owned by the contractor;
(27) (a) an unincorporated entity licensed under this chapter having an individual who
owns an interest in the unincorporated entity engage in a construction trade in the state while
the individual is using a Social Security number that does not belong to that individual; or
(b) an unincorporated entity providing 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 the state while the individual is using a Social Security number that does
not belong to that individual;
(28) a contractor failing to comply with a requirement imposed by a political
subdivision, state agency, or board of education under Section 
58-55-310
; or
(29) failing to timely comply with the requirements described in Section 
58-55-605
.
Section 15. Section 
58-55-503
 is amended to read:
58-55-503.
Penalty for unlawful conduct -- Citations.
(1) (a) (i) A person who violates Subsection 
58-55-308
(2), Subsection 
58-55-501
(1),
(2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (22), (23), (24), (25), (26), (27), (28), or
(29), or Subsection 
58-55-504
(2), or who fails to comply with a citation issued under this
section after it is final, is guilty of a class A misdemeanor.
(ii) As used in this section in reference to Subsection 
58-55-504
(2), "person" means an
individual and does not include a sole proprietorship, joint venture, corporation, limited
liability company, association, or organization of any type.
(b) A person who violates the provisions of Subsection 
58-55-501
(8) may not be
awarded and may not accept a contract for the performance of the work.
(2) A person who violates the provisions of Subsection 
58-55-501
(13) is guilty of an
infraction unless the violator did so with the intent to deprive the person to whom money is to
be paid of the money received, in which case the violator is guilty of theft, as classified in
Section 
76-6-412
.
(3) Grounds for immediate suspension of a licensee's license by the division and the
commission include:
(a) the issuance of a citation for violation of Subsection 
58-55-308
(2), Section
58-55-501
, or Subsection 
58-55-504
(2); and
(b) the failure by a licensee to make application to, report to, or notify the division with
respect to any matter for which application, notification, or reporting is required under this
chapter or rules adopted under this chapter, including:
(i) applying to the division for a new license to engage in a new specialty classification
or to do business under a new form of organization or business structure;
(ii) filing a current financial statement with the division; and
(iii) notifying the division concerning loss of insurance coverage or change in qualifier.
(4) (a) If upon inspection or investigation, the division concludes that a person has
violated the provisions of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3), (9),
(10), (12), (14), (19), (21), (22), (23), (24), (25), (26), (27), (28), or (29), Subsection
58-55-504
(2), or any rule or order issued with respect to these subsections, and that disciplinary
action is appropriate, the director or the director's designee from within the division shall
promptly issue a citation to the person according to this chapter and any pertinent rules, attempt
to negotiate a stipulated settlement, or notify the person to appear before an adjudicative
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(i) A person who is in violation of the provisions of Subsection 
58-55-308
(2),
Subsection 
58-55-501
(1), (2), (3), (9), (10), (12), (14), (19), (21), (22), (23), (24), (25), (26),
(27), (28), or (29), or Subsection 
58-55-504
(2), as evidenced by an uncontested citation, a
stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
to cease and desist from violating Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3),
(9), (10), (12), (14), (19), (21), (24), (25), (26), (27), (28), or (29), or Subsection 
58-55-504
(2).
(ii) Except for a cease and desist order, the licensure sanctions cited in Section
58-55-401
 may not be assessed through a citation.
(b) (i) A citation shall be in writing and 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.
(ii) A citation shall 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.
(iii) A citation shall clearly explain the consequences of failure to timely contest the
citation or to make payment of any fines assessed by the citation within the time specified in
the citation.
(c) A citation issued under this section, or a copy of a citation, may be served upon a
person upon whom a summons may be served:
(i) in accordance with the Utah Rules of Civil Procedure;
(ii) personally or upon the person's agent by a division investigator or by a person
specially designated by the director; or
(iii) by mail.
(d) (i) If within 20 calendar days after the day on which a citation is served, 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.
(e) 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.
(f) The failure of an applicant for licensure to comply with a citation after it becomes
final is a ground for denial of license.
(g) A citation may not be issued under this section after the expiration of six months
following the occurrence of a violation.
(h) Except as provided in Subsection (5), the director or the director's designee shall
assess a fine in accordance with the following:
(i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
and
(iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
$2,000 for each day of continued offense.
(i) (i) For purposes of issuing a final order under this section and assessing a fine under
Subsection (4)(h), an offense constitutes a second or subsequent offense if:
(A) the division previously issued a final order determining that a person committed a
first or second offense in violation of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2),
(3), (9), (10), (12), (14), (19), (24), (25), (26), (27), (28), or (29), or Subsection 
58-55-504
(2);
or
(B) (I) the division initiated an action for a first or second offense;
(II) a final order has not been issued by the division in the action initiated under
Subsection (4)(i)(i)(B)(I);
(III) the division determines during an investigation that occurred after the initiation of
the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
violation of the provisions of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3), (9),
(10), (12), (14), (19), (24), (25), (26), (27), (28), or (29), or Subsection 
58-55-504
(2); and
(IV) after determining that the person committed a second or subsequent offense under
Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
Subsection (4)(i)(i)(B)(I).
(ii) In issuing a final order for a second or subsequent offense under Subsection
(4)(i)(i), the division shall comply with the requirements of this section.
(j) In addition to any other licensure sanction or fine imposed under this section, the
division shall revoke the license of a licensee that violates Subsection 
58-55-501
(24) or (25)
two or more times within a 12-month period, unless, with respect to a violation of Subsection
58-55-501
(24), the licensee can demonstrate that the licensee successfully verified the federal
legal working status of the individual who was the subject of the violation using a status
verification system, as defined in Section 
13-47-102
.
(k) For purposes of this Subsection (4), a violation of Subsection 
58-55-501
(24) or (25)
for each individual is considered a separate violation.
(5) If a person violates Section 
58-55-501
, the division may not treat the violation as a
subsequent violation of a previous violation if the violation occurs five years or more after the
day on which the person committed the previous violation.
(6) If, after an investigation, the division determines that a person has committed
multiple of the same type of violation of Section 
58-55-501
, the division may treat each
violation as a separate violation of Section 
58-55-501
 and apply a penalty under this section to
each violation. 
(7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
into the Commerce Service Account created by Section 
13-1-2
.
(b) A penalty that is not paid may be collected by the director by either referring the
matter to a collection agency or bringing an action in the district court of the county in which
the person against whom the penalty is imposed resides or in the county where the office of the
director is located.
(c) A county attorney or the attorney general of the state [
is to
] 
shall
 provide legal
assistance and advice to the director in [
any
] 
an
 action to collect [
the
] 
a
 penalty.
(d) In an action brought to [
enforce the provisions of this section
] 
collect a penalty
, the
court shall award reasonable attorney fees and costs to the prevailing party.
Section 16. Section 
58-60-117
 is amended to read:
58-60-117.
Externship licenses.
(1) The division shall issue a temporary license under Part 2, Social Worker Licensing
Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
Counselor Licensing Act, of this chapter to a person who:
(a) submits an application for licensure under Part 2, Social Worker Licensing Act,
Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
Counselor Licensing Act;
(b) pays a fee determined by the department under Section 
63J-1-504
;
(c) holds an earned doctoral degree or master's degree in a discipline that is a
prerequisite for practice as a mental health therapist;
(d) has a deficiency, as defined by division rule, in course work;
(e) provides mental health therapy as an employee of a public or private organization,
which provides mental health therapy, while under the supervision of a person licensed under
this chapter; and
(f) is of good moral character and has no disciplinary action pending or in effect
against the applicant in connection with the practice of mental health therapy, in any
jurisdiction.
(2) A temporary license issued under this section shall expire upon the earlier of:
(a) issuance of the license applied for; or
(b) 
unless the deadline is extended for good cause as determined by the division,
 three
years from the date the temporary license was issued.
(3) The temporary license issued under this section is an externship license.
Section 17. Section 
58-67-302
 is amended to read:
58-67-302.
Qualifications for licensure.
(1) An applicant for licensure as a physician and surgeon, except as set forth in
Subsection (2), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks,
as designated by division rule, with respect to the applicant;
(ii) a record of professional liability claims made against the applicant and settlements
paid by or on behalf of the applicant; and
(iii) authorization to use a record coordination and verification service approved by the
division in collaboration with the board;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) if the applicant is applying to participate in the Interstate Medical Licensure
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
background check in accordance with Section 
58-67-302.1
 and any requirements established by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
[
(d)
] 
(e)
 provide satisfactory documentation of having successfully completed a
program of professional education preparing an individual as a physician and surgeon, as
evidenced by:
(i) having received an earned degree of doctor of medicine from an LCME accredited
medical school or college; or
(ii) if the applicant graduated from a medical school or college located outside the
United States or its territories, submitting a current certification by the Educational
Commission for Foreign Medical Graduates or any successor organization approved by the
division in collaboration with the board;
[
(e)
] 
(f)
 satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in a program
approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
Family Physicians of Canada, or any similar body in the United States or Canada approved by
the division in collaboration with the board; or
(ii) (A) has successfully completed 12 months of resident training in an ACGME
approved program after receiving a degree of doctor of medicine as required under Subsection
(1)[
(d)
]
(e)
;
(B) has been accepted in and is successfully participating in progressive resident
training in an ACGME approved program within Utah, in the applicant's second or third year
of postgraduate training; and
(C) has agreed to surrender to the division the applicant's license as a physician and
surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
and has agreed the applicant's license as a physician and surgeon will be automatically revoked
by the division if the applicant fails to continue in good standing in an ACGME approved
progressive resident training program within the state;
[
(f)
] 
(g)
 pass the licensing examination sequence required by division rule made in
collaboration with the board;
[
(g)
] 
(h)
 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;
[
(h)
] 
(i)
 meet with the board and representatives of the division, if requested, for the
purpose of evaluating the applicant's qualifications for licensure;
[
(i)
] 
(j)
 designate:
(i) a contact person for access to medical records in accordance with the federal Health
Insurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the original
contact person is unable or unwilling to serve as the contact person for access to medical
records; and
[
(j)
] 
(k)
 establish a method for notifying patients of the identity and location of the
contact person and alternate contact person, if the applicant will practice in a location with no
other persons licensed under this chapter.
(2) An applicant for licensure as a physician and surgeon by endorsement who is
currently licensed to practice medicine in any state other than Utah, a district or territory of the
United States, or Canada shall:
(a) be currently licensed with a full unrestricted license in good standing in any state,
district, or territory of the United States, or Canada;
(b) have been actively engaged in the legal practice of medicine in any state, district, or
territory of the United States, or Canada for not less than 6,000 hours during the five years
immediately preceding the date of application for licensure in Utah;
(c) comply with the requirements for licensure under Subsections (1)(a) through [
(d)
]
(e)
, (1)[
(e)
]
(f)
(i), and (1)[
(g)
]
(h)
 through [
(j)
] 
(k)
;
(d) have passed the licensing examination sequence required in Subsection (1)(f) or
another medical licensing examination sequence in another state, district or territory of the
United States, or Canada that the division in collaboration with the board by rulemaking
determines is equivalent to its own required examination;
(e) not have any investigation or action pending against any health care license of the
applicant, not have a health care license that was suspended or revoked in any state, district or
territory of the United States, or Canada, and not have surrendered a health care license in lieu
of a disciplinary action, unless:
(i) the license was subsequently reinstated as a full unrestricted license in good
standing; or
(ii) the division in collaboration with the board determines to its satisfaction, after full
disclosure by the applicant, that:
(A) the conduct has been corrected, monitored, and resolved; or
(B) a mitigating circumstance exists that prevents its resolution, and the division in
collaboration with the board is satisfied that, but for the mitigating circumstance, the license
would be reinstated;
(f) submit to a records review, a practice history review, and comprehensive
assessments, if requested by the division in collaboration with the board; and
(g) produce satisfactory evidence that the applicant meets the requirements of this
Subsection (2) to the satisfaction of the division in collaboration with the board.
(3) An applicant for licensure by endorsement may engage in the practice of medicine
under a temporary license while the applicant's application for licensure is being processed by
the division, provided:
(a) the applicant submits a complete application required for temporary licensure to the
division;
(b) the applicant submits a written document to the division from:
(i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act, stating that the applicant is practicing under the:
(A) invitation of the health care facility; and
(B) the general supervision of a physician practicing at the facility; or
(ii) two individuals licensed under this chapter, whose license is in good standing and
who practice in the same clinical location, both stating that:
(A) the applicant is practicing under the invitation and general supervision of the
individual; and
(B) the applicant will practice at the same clinical location as the individual;
(c) the applicant submits a signed certification to the division that the applicant meets
the requirements of Subsection (2);
(d) the applicant does not engage in the practice of medicine until the division has
issued a temporary license;
(e) the temporary license is only issued for and may not be extended or renewed
beyond the duration of one year from issuance; and
(f) the temporary license expires immediately and prior to the expiration of one year
from issuance, upon notification from the division that the applicant's application for licensure
by endorsement is denied.
(4) The division shall issue a temporary license under Subsection (3) within 15
business days after the applicant satisfies the requirements of Subsection (3).
(5) The division may not require a post-residency board certification as a requirement
for licensure.
Section 18. Section 
58-67-302.1
 is enacted to read:
 58-67-302.1.
Criminal background check.
(1) An applicant for participation in the Interstate Medical Licensure Compact under
Chapter 67b, Interstate Medical Licensure Compact, shall:
(a) submit fingerprint cards or other biometric data in a form acceptable to the division
at the time the license application is filed; and
(b) consent to a fingerprint background check regarding the application conducted by
the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation.
(2) The division shall request the Utah Bureau of Criminal Identification complete a
Federal Bureau of Investigation criminal background check for the applicant through the
National Crime Information Center or any successor system.
(3) For purposes of conducting the criminal background check required under this
section, the division shall have direct access to criminal background information maintained
under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(4) The division may not disclose outside of the division any criminal history record
information that the division obtains from the Federal Bureau of Investigation under the
criminal background check requirements of this section.
(5) The division may not issue to an applicant a letter of qualification to participate in
the Interstate Medical Licensure Compact until the criminal background check described in this
section is completed.
Section 19. Section 
58-67-302.5
 is amended to read:
58-67-302.5.
Licensing of graduates of foreign medical schools.
(1) Notwithstanding any other provision of law to the contrary, an individual enrolled
in a medical school outside the United States, its territories, the District of Columbia, or
Canada is eligible for licensure as a physician and surgeon in this state if the individual has
satisfied the following requirements:
(a) meets all the requirements of Subsection 
58-67-302
(1), except for Subsection
58-67-302
(1)[
(d)
]
(e)
;
(b) has studied medicine in a medical school located outside the United States which is
recognized by an organization approved by the division;
(c) has completed all of the formal requirements of the foreign medical school except
internship or social service;
(d) has attained a passing score on the educational commission for foreign medical
graduates examination or other qualifying examinations such as the United States Medical
Licensing Exam parts I and II, which are approved by the division or a medical school
approved by the division;
(e) has satisfactorily completed one calendar year of supervised clinical training under
the direction of a United States medical education setting accredited by the liaison committee
for graduate medical education and approved by the division;
(f) has completed the postgraduate hospital training required by Subsection
58-67-302
(1)[
(e)
]
(f)
(i); and
(g) has passed the examination required by the division of all applicants for licensure.
(2) Satisfaction of the requirements of Subsection (1) is in lieu of:
(a) the completion of any foreign internship or social service requirements; and
(b) the certification required by Subsection 
58-67-302
(1)[
(d)
]
(e)
.
(3) Individuals who satisfy the requirements of Subsections (1)(a) through [
(f)
] 
(g)
shall be eligible for admission to graduate medical education programs within the state,
including internships and residencies, which are accredited by the liaison committee for
graduate medical education.
(4) A document issued by a medical school located outside the United States shall be
considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
physician and surgeon in this state if:
(a) the foreign medical school is recognized by an organization approved by the
division;
(b) the document granted by the foreign medical school is issued after the completion
of all formal requirements of the medical school except internship or social service; and
(c) the foreign medical school certifies that the person to whom the document was
issued has satisfactorily completed the requirements of Subsection (1)(c).
(5) The provisions for licensure under this section shall be known as the "fifth pathway
program."
Section 20. Section 
58-67-302.7
 is amended to read:
58-67-302.7.
Licensing of physician-educators.
(1) As used in this section:
(a) "Foreign country" means a country other than the United States, its territories, or
Canada.
(b) "Foreign medical school" means a medical school that is outside the United States,
its territories, and Canada.
(2) Notwithstanding any provision of law to the contrary, an individual may receive a
type I foreign teaching license if the individual:
(a) submits an application in a form prescribed by the division, which may include:
(i) submission by the applicant of information maintained in a practitioner data bank,
as designated by division rule, with respect to the applicant;
(ii) a record of professional liability claims made against the applicant and settlements
paid by or on behalf of the applicant; and
(iii) the applicant's curriculum vitae;
(b) is a graduate of a foreign medical school that is accepted for certification by the
Educational Commission for Foreign Medical Graduates;
(c) is licensed in good standing in a foreign country, the United States, its territories, or
Canada;
(d) does not have an investigation or action pending against the physician's healthcare
license, does not have a healthcare license that was suspended or revoked, and has not
surrendered a healthcare license in lieu of disciplinary action, unless:
(i) the license was subsequently reinstated in good standing; or
(ii) the division in collaboration with the board determines to its satisfaction, after full
disclosure by the applicant and full consideration by the division in collaboration with the
board, that:
(A) the conduct has been corrected, monitored, and resolved; or
(B) a mitigating circumstance exists that prevents resolution, and the division in
collaboration with the board is satisfied that but for the mitigating circumstance, the license
would be reinstated;
(e) submits documentation of legal status to work in the United States;
(f) meets at least three of the following qualifications:
(i) (A) published original results of clinical research, within 10 years before the day on
which the application is submitted, in a medical journal listed in the Index Medicus or an
equivalent scholarly publication; and
(B) submits the publication to the Board in English or in a foreign language with a
verifiable, certified English translation;
(ii) held an appointment at a medical school approved by the LCME or at any medical
school listed in the World Health Organization directory at the level of associate or full
professor, or its equivalent, for at least five years;
(iii) (A) developed a treatment modality, surgical technique, or other verified original
contribution to the field of medicine within 10 years before the day on which the application is
submitted; and
(B) has the treatment modality, surgical technique, or other verified original
contribution attested to by the dean of an LCME accredited school of medicine in Utah;
(iv) actively practiced medicine cumulatively for 10 years; or
(v) is board certified in good standing of a board of the American Board of Medical
Specialities or equivalent specialty board;
(g) is of good moral character;
(h) is able to read, write, speak, understand, and be understood in the English language
and demonstrates proficiency to the satisfaction of the division in collaboration with the board,
if requested;
(i) is invited by an LCME accredited medical school in Utah to serve as a full-time
member of the medical school's academic faculty, as evidenced by written certification from:
(i) the dean of the medical school, stating that the applicant has been appointed to a
full-time faculty position, that because the applicant has unique expertise in a specific field of
medicine the medical school considers the applicant to be a valuable member of the faculty,
and that the applicant is qualified by knowledge, skill, and ability to practice medicine in the
state; and
(ii) the head of the department to which the applicant is to be appointed, stating that the
applicant will be under the direction of the head of the department and will be permitted to
practice medicine only as a necessary part of the applicant's duties, providing detailed evidence
of the applicant's qualifications and competence, including the nature and location of the
applicant's proposed responsibilities, reasons for any limitations of the applicant's practice
responsibilities, and the degree of supervision, if any, under which the applicant will function;
(j) pays a licensing fee set by the division under Section 
63J-1-504
; and
(k) has practiced medicine for at least 10 years as an attending physician.
(3) Notwithstanding any provision of law to the contrary, an individual may receive a
type II foreign teaching license if the individual:
(a) satisfies the requirements of Subsections (2)(a) through (e) and (g) through (j);
(b) has delivered clinical care to patients cumulatively for five years after graduation
from medical school; and
(c) (i) will be completing a clinical fellowship while employed at the medical school
described in Subsection (2)(i); or
(ii) has already completed a medical residency accredited by the Royal College of
Physicians and Surgeons of Canada, the United Kingdom, Australia, or New Zealand, or a
comparable accreditation organization as determined by the division in collaboration with the
board.
(4) After an initial term of one year, a type I license may be renewed for periods of two
years if the licensee continues to satisfy the requirements described in Subsection (2) and
completes the division's continuing education renewal requirements established under Section
58-67-303
.
(5) A type II license may be renewed on an annual basis, up to four times, if the
licensee continues to satisfy the requirements described in Subsection (3) and completes the
division's continuing education renewal requirements established under Section 
58-67-303
.
(6) A license issued under this section:
(a) authorizes the licensee to practice medicine:
(i) within the scope of the licensee's employment at the medical school described in
Subsection (2)(i) and the licensee's academic position; and
(ii) at a hospital or clinic affiliated with the medical school described in Subsection
(2)(i) for the purpose of teaching, clinical care, or pursuing research;
(b) shall list the limitations described in Subsection (6)(a); and
(c) shall expire on the earlier of:
(i) one year after the day on which the type I or type II license is initially issued, unless
the license is renewed;
(ii) for a type I license, two years after the day on which the license is renewed;
(iii) for a type II license, one year after the day on which the license is renewed; or
(iv) the day on which employment at the medical school described in Subsection (2)(i)
ends.
(7) A person who holds a type I license for five consecutive years may apply for
licensure as a physician and surgeon in this state and shall be licensed if the individual satisfies
the requirements described in Subsection (8). If the person fails to obtain licensure as a
physician and surgeon in this state, the person may apply for a renewal of the type I license
under Subsection (2).
(8) An individual who holds a type I or type II license for five consecutive years is
eligible for licensure as a physician and surgeon in this state if the individual:
(a) worked an average of at least 40 hours per month at the level of an attending
physician during the time the individual held the type I or type II license;
(b) holds the rank of associate professor or higher at the medical school described in
Subsection (2)(i);
(c) obtains certification from the Educational Commission for Foreign Medical
Graduates or any successor organization approved by the division in collaboration with the
board;
(d) spent a cumulative 20 hours per year while holding a type I or type II license:
(i) teaching or lecturing to medical students or house staff;
(ii) participating in educational department meetings or conferences that are not
certified to meet the continuing medical education license renewal requirement; or
(iii) attending continuing medical education classes in addition to the requirements for
continuing education described in Subsections (4) and (5);
(e) obtains a passing score on the final step of the licensing examination sequence
required by division rule made in collaboration with the board; and
(f) satisfies the requirements described in Subsections 
58-67-302
(1)(a) through [
(c),
(h), and (i)
] 
(d), (i), and (j)
.
(9) If a person who holds a type II license fails to obtain licensure as a physician and
surgeon in this state after applying under the procedures described in Subsection (8), the person
may not:
(a) reapply for or renew a type II license; or
(b) apply for a type I license.
(10) The division or the board may require an applicant for licensure under this section
to meet with the board and representatives of the division for the purpose of evaluating the
applicant's qualifications for licensure.
(11) The division in collaboration with the board may withdraw a license under this
section at any time for material misrepresentation or unlawful or unprofessional conduct.
Section 21. Section 
58-67-302.8 (Effective 07/01/18)
 is amended to read:
58-67-302.8 (Effective 07/01/18).
Restricted licensing of an associate physician.
(1) An individual may apply for a restricted license as an associate physician if the
individual:
(a) meets the requirements described in Subsections 
58-67-302
(1)(a) through [
(c)
] 
(d)
,
(1)[
(d)
]
(e)
(i), and (1)[
(g)
]
(h)
 through [
(j)
] 
(k)
;
(b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
Examination or the equivalent steps of another board-approved medical licensing examination:
(i) within three years after the day on which the applicant graduates from a program
described in Subsection 
58-67-302
(1)[
(d)
]
(e)
(i); and
(ii) within two years before applying for a restricted license as an associate physician;
and
(c) is not currently enrolled in and has not completed a residency program.
(2) Before a licensed associate physician may engage in the practice of medicine as
described in Subsection (3), the licensed associate physician shall:
(a) enter into a collaborative practice arrangement described in Section 
58-67-807
within six months after the associate physician's initial licensure; and
(b) receive division approval of the collaborative practice arrangement.
(3) An associate physician's scope of practice is limited to primary care services to
medically underserved populations or in medically underserved areas within the state.
Section 22. Section 
58-67-304 (Superseded 07/01/18)
 is amended to read:
58-67-304 (Superseded 07/01/18).
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule made in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-67-302
(1)[
(i)
]
(j)
; and
(c) if the licensee practices medicine in a location with no other persons licensed under
this chapter, provide some method of notice to the licensee's patients of the identity and
location of the contact person and alternate contact person for the licensee.
(2) If a renewal period is extended or shortened under Section 
58-67-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic, if a physician responds positively to the question
described in Subsection (3)(a), the division shall, within 30 days after the day on which it
renews the physician's license under this chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
Section 23. Section 
58-67-304 (Effective 07/01/18)
 is amended to read:
58-67-304 (Effective 07/01/18).
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule made in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-67-302
(1)[
(i)
]
(j)
;
(c) if the licensee practices medicine in a location with no other persons licensed under
this chapter, provide some method of notice to the licensee's patients of the identity and
location of the contact person and alternate contact person for the licensee; and
(d) if the licensee is an associate physician licensed under Section 
58-67-302.8
,
successfully complete the educational methods and programs described in Subsection
58-67-807
(4).
(2) If a renewal period is extended or shortened under Section 
58-67-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic, if a physician responds positively to the question
described in Subsection (3)(a), the division shall, within 30 days after the day on which it
renews the physician's license under this chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
Section 24. Section 
58-67-403
 is amended to read:
58-67-403.
Revocation of license -- Nondisciplinary.
Revocation by the division of a license under Subsection 
58-67-302
(1)[
(e)
]
(f)
 for
failure to continue on a resident training program for reasons other than unprofessional or
unlawful conduct is a nondisciplinary action and may not be reported by the division as a
disciplinary action against the licensee.
Section 25. Section 
58-68-302
 is amended to read:
58-68-302.
Qualifications for licensure.
(1) An applicant for licensure as an osteopathic physician and surgeon, except as set
forth in Subsection (2), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks,
as designated by division rule, with respect to the applicant;
(ii) a record of professional liability claims made against the applicant and settlements
paid by or on behalf of the applicant; and
(iii) authorization to use a record coordination and verification service approved by the
division in collaboration with the board;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) if the applicant is applying to participate in the Interstate Medical Licensure
Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
background check in accordance with Section 
58-67-302.1
 and any requirements established by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
[
(d)
] 
(e)
 provide satisfactory documentation of having successfully completed a
program of professional education preparing an individual as an osteopathic physician and
surgeon, as evidenced by:
(i) having received an earned degree of doctor of osteopathic medicine from an AOA
approved medical school or college; or
(ii) submitting a current certification by the Educational Commission for Foreign
Medical Graduates or any successor organization approved by the division in collaboration
with the board, if the applicant is graduated from an osteopathic medical school or college
located outside of the United States or its territories which at the time of the applicant's
graduation, met criteria for accreditation by the AOA;
[
(e)
] 
(f)
 satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in an
ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
required under Subsection (1)[
(d)
]
(e)
; or
(ii) (A) has successfully completed 12 months of resident training in an ACGME or
AOA approved program after receiving a degree of doctor of osteopathic medicine as required
under Subsection (1)[
(d)
]
(e)
;
(B) has been accepted in and is successfully participating in progressive resident
training in an ACGME or AOA approved program within Utah, in the applicant's second or
third year of postgraduate training; and
(C) has agreed to surrender to the division the applicant's license as an osteopathic
physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
will be automatically revoked by the division if the applicant fails to continue in good standing
in an ACGME or AOA approved progressive resident training program within the state;
[
(f)
] 
(g)
 pass the licensing examination sequence required by division rule, as made in
collaboration with the board;
[
(g)
] 
(h)
 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;
[
(h)
] 
(i)
 meet with the board and representatives of the division, if requested for the
purpose of evaluating the applicant's qualifications for licensure;
[
(i)
] 
(j)
 designate:
(i) a contact person for access to medical records in accordance with the federal Health
Insurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the original
contact person is unable or unwilling to serve as the contact person for access to medical
records; and
[
(j)
] 
(k)
 establish a method for notifying patients of the identity and location of the
contact person and alternate contact person, if the applicant will practice in a location with no
other persons licensed under this chapter.
(2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
who is currently licensed to practice osteopathic medicine in any state other than Utah, a
district or territory of the United States, or Canada shall:
(a) be currently licensed with a full unrestricted license in good standing in any state,
district or territory of the United States, or Canada;
(b) have been actively engaged in the legal practice of osteopathic medicine in any
state, district or territory of the United States, or Canada for not less than 6,000 hours during
the five years immediately preceding the day on which the applicant applied for licensure in
Utah;
(c) comply with the requirements for licensure under Subsections (1)(a) through [
(d)
]
(e)
, (1)[
(e)
]
(f)
(i), and (1)[
(g)
]
(h)
 through [
(j)
] 
(k)
;
(d) have passed the licensing examination sequence required in Subsection (1)[
(f)
]
(g)
or another medical licensing examination sequence in another state, district or territory of the
United States, or Canada that the division in collaboration with the board by rulemaking
determines is equivalent to its own required examination;
(e) not have any investigation or action pending against any health care license of the
applicant, not have a health care license that was suspended or revoked in any state, district or
territory of the United States, or Canada, and not have surrendered a health care license in lieu
of a disciplinary action, unless:
(i) the license was subsequently reinstated as a full unrestricted license in good
standing; or
(ii) the division in collaboration with the board determines, after full disclosure by the
applicant, that:
(A) the conduct has been corrected, monitored, and resolved; or
(B) a mitigating circumstance exists that prevents its resolution, and the division in
collaboration with the board is satisfied that, but for the mitigating circumstance, the license
would be reinstated;
(f) submit to a records review, a practice review history, and physical and
psychological assessments, if requested by the division in collaboration with the board; and
(g) produce evidence that the applicant meets the requirements of this Subsection (2) to
the satisfaction of the division in collaboration with the board.
(3) An applicant for licensure by endorsement may engage in the practice of medicine
under a temporary license while the applicant's application for licensure is being processed by
the division, provided:
(a) the applicant submits a complete application required for temporary licensure to the
division;
(b) the applicant submits a written document to the division from:
(i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act, stating that the applicant is practicing under the:
(A) invitation of the health care facility; and
(B) the general supervision of a physician practicing at the health care facility; or
(ii) two individuals licensed under this chapter, whose license is in good standing and
who practice in the same clinical location, both stating that:
(A) the applicant is practicing under the invitation and general supervision of the
individual; and
(B) the applicant will practice at the same clinical location as the individual;
(c) the applicant submits a signed certification to the division that the applicant meets
the requirements of Subsection (2);
(d) the applicant does not engage in the practice of medicine until the division has
issued a temporary license;
(e) the temporary license is only issued for and may not be extended or renewed
beyond the duration of one year from issuance; and
(f) the temporary license expires immediately and prior to the expiration of one year
from issuance, upon notification from the division that the applicant's application for licensure
by endorsement is denied.
(4) The division shall issue a temporary license under Subsection (3) within 15
business days after the applicant satisfies the requirements of Subsection (3).
(5) The division may not require a post-residency board certification as a requirement
for licensure.
(6) (a) An applicant for participation in the Interstate Medical Licensure Compact
under Chapter 67b, Interstate Medical Licensure Compact, shall:
(i) submit fingerprint cards or other biometric data in a form acceptable to the division
at the time the license application is filed; and
(ii) consent to a fingerprint background check regarding the application conducted by
the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation.
(b) The division shall request the Utah Bureau of Criminal Identification complete a
Federal Bureau of Investigation criminal background check for the applicant through the
National Crime Information Center or any successor system.
(c) For purposes of conducting the criminal background check required under this
section, the division shall have direct access to criminal background information maintained
under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(d) The division may not disclose outside of the division any criminal history record
information that the division obtains from the Federal Bureau of Investigation under the
criminal background check requirements of this section.
(e) The division may not issue to an applicant a letter of qualification to participate in
the Interstate Medical Licensure Compact until the criminal background check described in this
section is completed.
Section 26. Section 
58-68-302.5 (Effective 07/01/18)
 is amended to read:
58-68-302.5 (Effective 07/01/18).
Restricted licensing of an associate physician.
(1) An individual may apply for a restricted license as an associate physician if the
individual:
(a) meets the requirements described in Subsections 
58-68-302
(1)(a) through [
(c)
] 
(d)
,
(1)[
(d)
]
(e)
(i), and (1)[
(g)
]
(h)
 through [
(j)
] 
(k)
;
(b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
Examination or the equivalent steps of another board-approved medical licensing examination:
(i) within three years after the day on which the applicant graduates from a program
described in Subsection 
58-68-302
(1)[
(d)
]
(e)
(i); and
(ii) within two years before applying for a restricted license as an associate physician;
and
(c) is not currently enrolled in and has not completed a residency program.
(2) Before a licensed associate physician may engage in the practice of medicine as
described in Subsection (3), the licensed associate physician shall:
(a) enter into a collaborative practice arrangement described in Section 
58-68-807
within six months after the associate physician's initial licensure; and
(b) receive division approval of the collaborative practice arrangement.
(3) An associate physician's scope of practice is limited to primary care services to
medically underserved populations or in medically underserved areas within the state.
Section 27. Section 
58-68-304 (Superseded 07/01/18)
 is amended to read:
58-68-304 (Superseded 07/01/18).
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-68-302
(1)[
(i)
]
(j)
; and
(c) if the licensee practices osteopathic medicine in a location with no other persons
licensed under this chapter, provide some method of notice to the licensee's patients of the
identity and location of the contact person and alternate contact person for access to medical
records for the licensee in accordance with Subsection 
58-68-302
(1)[
(j)
]
(k)
.
(2) If a renewal period is extended or shortened under Section 
58-68-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic, if a physician responds positively to the question
described in Subsection (3)(a), the division shall, within 30 days after the day on which it
renews the physician's license under this chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
Section 28. Section 
58-68-304 (Effective 07/01/18)
 is amended to read:
58-68-304 (Effective 07/01/18).
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-68-302
(1)[
(i)
]
(j)
;
(c) if the licensee practices osteopathic medicine in a location with no other persons
licensed under this chapter, provide some method of notice to the licensee's patients of the
identity and location of the contact person and alternate contact person for access to medical
records for the licensee in accordance with Subsection 
58-68-302
(1)[
(j)
]
(k)
; and
(d) if the licensee is an associate physician licensed under Section 
58-68-302.5
,
successfully complete the educational methods and programs described in Subsection
58-68-807
(4).
(2) If a renewal period is extended or shortened under Section 
58-68-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic, if a physician responds positively to the question
described in Subsection (3)(a), the division shall, within 30 days after the day on which it
renews the physician's license under this chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
Section 29. Section 
58-68-403
 is amended to read:
58-68-403.
Revocation of license -- Nondisciplinary.
Revocation by the division of a license under Subsection 
58-68-302
(1)[
(e)
]
(f)
 for
failure to continue on a resident training program for reasons other than unprofessional or
unlawful conduct is a nondisciplinary action and may not be reported by the division as a
disciplinary action against the licensee.
Section 30. Section 
58-79-201
 is amended to read:
58-79-201.
Board.
(1) There is created the Hunting Guides and Outfitters Licensing Board consisting of
[
three persons licensed in accordance with this chapter,
] 
five members as follows:
(a) three persons licensed as a hunting guide or an outfitter in accordance with this
chapter;
(b)
 one member of the Wildlife Board
, created in Section 
23-14-2
,
 selected by the
Wildlife Board[
,
]
;
 and
(c)
 one person appointed by the Wildlife Board.
(2) Except for the two members selected by the Wildlife Board, the board shall be
appointed and serve in accordance with Section 
58-1-201
.
(3)
Ĥ→ [
No more than one of the two members selected by the Wildlife Board may
] 
The two
1734a 
members selected by the Wildlife Board
[
may
] 
shall
not
 ←Ĥ
 hold a
license regulated by this chapter.
[
(3)
] 
(4)
 (a) The duties and responsibilities of the board shall be in accordance with
Sections 
58-1-202
 and 
58-1-203
.
(b) The board shall also:
(i) designate one of its members on a permanent or rotating basis to assist the division
in reviewing complaints concerning the unlawful or unprofessional conduct of hunting guides
and outfitters; and
(ii) advise the division in its investigations of these complaints.
[
(4)
] 
(5)
 A board member who has, under Subsection [
(3)
] 
(4)
(b), reviewed a complaint
or advised in its investigation may be disqualified from participating with the board when the
board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Section 31. 
Repealer.
This bill repeals:
Section 
58-37f-402
,
Online tutorial and test relating to the database -- Fees --
Rulemaking authority -- Continuing professional education credit.
Legislative Review Note
Office of Legislative Research and General Counsel