Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 35 Third Substitute (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates a process for the following state agencies to issue certain professional licenses and certificates by endorsement:
• the Department of Agriculture and Food;
• the Pete Suazo Utah Athletic Commission within the Department of Cultural and Community Engagement;
• the Department of Commerce;
• the Department of Environmental Quality;
• the Department of Health and Human Services;
• the Utah State Office of Rehabilitation within the Department of Workforce Services;
• the Labor Commission;
• the Motor Vehicle Enforcement Division within the State Tax Commission;
• the Department of Public Safety;
• the State Board of Education; and
• the Department of Transportation;

Every vote on this bill

Bill text

PROFESSIONAL LICENSING BY ENDORSEMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
A. Cory Maloy
LONG TITLE
Committee Note:
The Business and Labor Interim Committee recommended this bill.
Legislative Vote: 12 voting for 0 voting against 8 absent
General Description:
This bill addresses professional licensing and certification by certain state agencies.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a process for the following state agencies to issue certain professional
licenses and certificates by endorsement:
• the Department of Agriculture and Food;
• the Pete Suazo Utah Athletic Commission within the Department of Cultural
and Community Engagement;
• the Department of Commerce;
• the Department of Environmental Quality;
• the Department of Health and Human Services;
• the Utah State Office of Rehabilitation within the Department of Workforce
Services;
• the Labor Commission;
• the Motor Vehicle Enforcement Division within the State Tax Commission;
• the Department of Public Safety;
• the State Board of Education; and
• the Department of Transportation;
▸ provides administrative rulemaking authority; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-302
, as last amended by Laws of Utah 2022, Chapter 415
ENACTS:
4-1-112
, Utah Code Annotated 1953
9-23-301.5
, Utah Code Annotated 1953
13-1-17
, Utah Code Annotated 1953
19-1-208
, Utah Code Annotated 1953
26B-3-102
, Utah Code Annotated 1953
35A-13-606.5
, Utah Code Annotated 1953
40-2-403
, Utah Code Annotated 1953
41-3-212
, Utah Code Annotated 1953
53-1-122
, Utah Code Annotated 1953
53E-6-205
, Utah Code Annotated 1953
72-9-602.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-1-112
 is enacted to read:
 4-1-112.
License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this title.
(2) Subject to Subsections (4) through (7), the department shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (7), the department may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the department determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The department may refuse to issue a license to an applicant under this section if:
(a) the department determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the department issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(7) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this title.
Section 2. Section 
9-23-301.5
 is enacted to read:
 9-23-301.5.
License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this chapter.
(2) Subject to Subsections (4) through (6), the commission shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the commission determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the commission may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the commission determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the commission determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the commission determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The commission may refuse to issue a license to an applicant under this section if:
(a) the commission determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the commission issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the commission under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
Section 3. Section 
13-1-17
 is enacted to read:
 13-1-17.
License by endorsement.
(1) As used in this section:
(a) "License" means, except as provided in Subsection (1)(b), an authorization that
permits the holder to engage in the practice of a profession regulated under this title.
(b) "License" does not include an authorization that permits the holder to engage in the
practice of a profession regulated by the Division of Real Estate under Title 61, Securities
Division - Real Estate Division, or the Division of Professional Licensing under Title 58,
Occupations and Professions.
(2) Subject to Subsections (4) through (7), the department shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (7), the department may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the department determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The department may refuse to issue a license to an applicant under this section if:
(a) the department determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the department issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(7) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this title.
Section 4. Section 
19-1-208
 is enacted to read:
 19-1-208.
License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this title.
(2) Subject to Subsections (4) through (7), the department shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (7), the department may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the department determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The department may refuse to issue a license to an applicant under this section if:
(a) the department determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the department issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(7) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this title.
Section 5. Section 
26B-3-102
 is enacted to read:
 26B-3-102.
License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this title.
(2) Subject to Subsections (4) through (7), the department shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (7), the department may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the department determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The department may refuse to issue a license to an applicant under this section if:
(a) the department determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the department issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(7) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this title.
Section 6. Section 
35A-13-606.5
 is enacted to read:
 35A-13-606.5.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession described in Section 
35A-13-605
.
(2) Subject to Subsections (3) through (5), the director may issue a certificate described
in Section 
35A-13-605
 to an applicant who has been licensed in another state, district, or
territory of the United States, or in a jurisdiction outside of the United States, if:
(a) the director determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which certification is sought; or
(b) the director determines that the licensure requirements of the other state, district,
territory, or jurisdiction at the time the license was issued were substantially similar to the
requirements for the certificate.
(3) The director may refuse to issue a certificate to an applicant under this section if:
(a) the director determines that there is reasonable cause to believe that the applicant is
not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(4) Before the director issues a certificate to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the director under Section 
35A-13-606
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which certification is sought.
(5) The director may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
Section 7. Section 
40-2-403
 is enacted to read:
 40-2-403.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of an occupation described in Section 
40-2-402
.
(2) Subject to Subsections (4) through (6), the commission shall issue a certificate
described in Section 
40-2-401
 to an applicant who has been licensed in another state, district,
or territory of the United States if:
(a) the commission determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the certificate;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the commission may issue a certificate
described in Section 
40-2-401
 to an applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the commission determines that the applicant's education, experience, and skills
demonstrate competency in the occupation for which certification is sought; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the commission determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the certificate; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the commission determines that the education or experience was substantially
similar to the education or experience requirements for the certificate.
(4) The commission may refuse to issue a certificate to an applicant under this section
if:
(a) the commission determines that there is reasonable cause to believe that the
applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the commission issues a certificate to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the commission under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the occupation for which certification is sought.
(6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
Section 8. Section 
41-3-212
 is enacted to read:
 41-3-212.
License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this chapter.
(2) Subject to Subsections (4) through (6), the administrator shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the administrator determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the administrator may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the administrator determines that the applicant's education, experience, and
skills demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the administrator determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the administrator determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The administrator may refuse to issue a license to an applicant under this section if:
(a) the administrator determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the administrator issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the commission under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
Section 9. Section 
53-1-122
 is enacted to read:
 53-1-122.
 License by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this title.
(2) Subject to Subsections (4) through (7), the commissioner shall issue a license to an
applicant who has been licensed in another state, district, or territory of the United States if:
(a) the commissioner determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (7), the commissioner may issue a license to an
applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the commissioner determines that the applicant's education, experience, and
skills demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the commissioner determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the license sought in this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the commissioner determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(4) The commissioner may refuse to issue a license to an applicant under this section
if:
(a) the commissioner determines that there is reasonable cause to believe that the
applicant is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the commissioner issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(7) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this title.
Section 10. Section 
53E-6-205
 is enacted to read:
 53E-6-205.
License by endorsement.
(1) Subject to Subsections (3) through (6), the state board shall issue a license to an
applicant who has been issued a certificate in another state, district, or territory of the United
States if:
(a) the state board determines that the certificate encompasses a similar scope of
practice as the license sought in this state;
(b) the applicant has at least one year of experience practicing under the certificate; and
(c) the applicant's certificate is in good standing in the other state, district, or territory.
(2) Subject to Subsections (3) through (6), the state board may issue a license to an
applicant who:
(a) has been issued a certificate in another state, district, or territory of the United
States, or in a jurisdiction outside of the United States, if:
(i) (A) the state board determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which licensure is sought in this state; and
(B) the applicant has at least one year of experience practicing under the certificate; or
(ii) the state board determines that the certification requirements of the other state,
district, territory, or jurisdiction at the time the certificate was issued were substantially similar
to the requirements for the license sought in this state; or
(b) has never been issued a certificate in a state, district, or territory of the United
States, or in a jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the state board determines that the education or experience was substantially
similar to the education or experience requirements for the license sought in this state.
(3) The state board may refuse to issue a license to an applicant under this section if:
(a) the state board determines that there is reasonable cause to believe that the applicant
is not qualified to receive the license in this state; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
certificate.
(4) Before the state board issues a license to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the state board under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(5) The state board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.
(6) This section is subject to and may be supplemented or altered by licensure
endorsement provisions or multistate licensure compacts in specific chapters of this chapter.
Section 11. Section 
58-1-302
 is amended to read:
58-1-302.
License by endorsement.
(1) 
As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession regulated under this title.
(2)
 Subject to Subsections (3) through (6), the division shall issue a license to [
a
person
] 
an applicant
 who has been licensed in [
a
] 
another
 state, district, or territory of the
United States if:
(a) 
the division determines that the license issued in the other state, district, or territory
encompasses a similar scope of practice as the license sought in this state;
(b)
 [
after being licensed outside of this state, the person
] 
the applicant
 has at least one
year of experience 
practicing under the license issued
 in the 
other
 state, district, or territory [
of
the United States
] [
where the license was issued
];
 and
[
(b)
] 
(c)
 the [
person's
] 
applicant's
 license is in good standing in the 
other
 state, district,
or territory [
of the United States
] where the license was issued[
; and
]
.
[
(c) the division determines that the license issued by the state, district, or territory of
the United States encompasses a similar scope of practice as the license sought in this state.
]
[
(2)
] 
(3)
 Subject to Subsections (3) through (6), the division may issue a license to [
a
person
] 
an applicant
 who:
(a) has been licensed in [
a
] 
another
 state, district, or territory of the United States, or in
a jurisdiction outside of the United States, if:
(i) (A) 
the division determines that the applicant's education, experience, and skills
demonstrate competency in the profession for which the licensure is sought in this state; and
(B)
 [
after being licensed, the person
] 
the applicant
 has at least one year of experience
practicing under the license issued
 in the 
other state, district, territory, or
 jurisdiction [
where
the license was issued
]; [
and
] 
or
[
(B) the division determines that the person's education, experience, and skills
demonstrate competency in the occupation or profession for which the person seeks licensure;
or
]
(ii) the division determines that the licensure requirements of the 
other state, district,
territory, or
 jurisdiction at the time the license was issued were substantially similar to the
current [
licensure
] requirements [
of
] 
for the license sought in
 this state; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the [
person
] 
applicant
 was educated in or obtained relevant experience in a state,
district, or territory of the United States, or a jurisdiction outside of the United States; and
(ii) the division determines that the education or experience was substantially similar to
the current education or experience requirements for [
licensure
] 
the license sought
 in this state.
[
(3) The division, in consultation with the applicable licensing board, may make rules
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
administration and requirements of this section.
]
(4) The division may refuse to issue a license to [
a person under the provisions of
] 
an
applicant under
 this section if:
(a) the division determines that there is reasonable cause to believe that the [
person
]
applicant
 is not qualified to receive [
a
] 
the
 license in this state; or
(b) the [
person
] 
applicant
 has a previous or pending disciplinary action related to the
[
person's
] 
applicant's
 license.
(5) Before [
a person may be issued
] 
the division issues
 a license 
to an applicant
 under
this section, the [
person
] 
applicant
 shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the [
person's
] 
applicant's
 identity, qualifications,
and good standing in the [
occupation or
] profession for which licensure is sought 
in this state
.
(6) The division, in consultation with the applicable licensing board, may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
administration and requirements of this section.
[
(6)
] 
(7)
 In accordance with Section 
58-1-107
, licensure endorsement provisions in this
section are subject to and may be supplemented or altered by licensure endorsement provisions
or multistate licensure compacts in specific chapters of this title.
[
(7) On or before October 1, 2022, the division shall provide a written report to the
Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
provisions of this section at ensuring that persons receiving a license without examination
under the provisions of this section are qualified to receive a license in this state.
]
Section 12. Section 
72-9-602.5
 is enacted to read:
 72-9-602.5.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to
engage in the practice of a profession described in Section 
72-9-602
.
(2) Subject to Subsections (4) through (6), the department shall issue a certificate
described in Section 
72-9-602
 to an applicant who has been licensed in another state, district,
or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or
territory encompasses a similar scope of practice as the certificate;
(b) the applicant has at least one year of experience practicing under the license issued
in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the department may issue a certificate
described in Section 
72-9-602
 to an applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) (A) the department determines that the applicant's education, experience, and skills
demonstrate competency in the occupation for which certification is sought; and
(B) the applicant has at least one year of experience practicing under the license issued
in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state,
district, territory, or jurisdiction at the time the license was issued were substantially similar to
the requirements for the certificate; or
(b) has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially
similar to the education or experience requirements for the certificate.
(4) The department may refuse to issue a certificate to an applicant under this section
if:
(a) the department determines that there is reasonable cause to believe that the
applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's
other license.
(5) Before the department issues a certificate to an applicant under this section, the
applicant shall:
(a) pay a fee determined by the department under Section 
63J-1-504
; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the occupation for which certification is sought.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, prescribing the administration and requirements of this
section.