Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 216
                    ELIMINATING MINIMUM TIME REQUIREMENTS
                                    FOR PROFESSIONAL TRAINING
                                           2024 GENERAL SESSION
                                                STATE OF UTAH
                                    Chief Sponsor: Norman K Thurston Senate Sponsor: Curtis S. Bramble
 2
  LONG TITLE
  General Description:
      This bill addresses the educational and experience requirements for certain professions.
  Highlighted Provisions:
      This bill:
      ▸ eliminates the requirement that an applicant for one of the following licenses complete
  certain educational or experience requirements within a minimum time period: funeral service
  director, barber, esthetician, audiologist, massage therapist, and psychologist; and
      ▸ prohibits the Division of Real Estate from requiring an applicant for an appraiser license
  to complete the educational or experience requirements within a minimum time period.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      58-9-302, as last amended by Laws of Utah 2022, Chapter 415
      58-11a-302, as last amended by Laws of Utah 2021, Chapters 285, 409
      58-41-5, as last amended by Laws of Utah 2020, Chapter 339
      58-47b-302, as last amended by Laws of Utah 2023, Chapter 225
      58-61-304, as last amended by Laws of Utah 2020, Chapter 339
      61-2g-311, as last amended by Laws of Utah 2014, Chapter 350
      61-2g-313, as last amended by Laws of Utah 2014, Chapter 350
26
     H.B. 216                                                                                 Enrolled Copy
   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 58-9-302 is amended to read:
         58-9-302 . Qualifications for licensure.
   (1) Each applicant for licensure as a funeral service director shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee as determined by the department under Section 63J-1-504;
       (c) have obtained a high school diploma or its equivalent or a higher education degree;
       (d) have obtained an associate degree, or its equivalent, in mortuary science from a
            school of funeral service accredited by the American Board of Funeral Service
            Education or other accrediting body recognized by the U.S. Department of Education;
       (e) have completed not less than 2,000 hours and 50 embalmings[, over a period of not
            less than one year,] of satisfactory performance in training as a licensed funeral
            service intern under the supervision of a licensed funeral service director; and
       (f) obtain a passing score on examinations approved by the division in collaboration
            with the board.
   (2) Each applicant for licensure as a funeral service intern shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee as determined by the department under Section 63J-1-504;
       (c) have obtained a high school diploma or its equivalent or a higher education degree;
            and
       (d) obtain a passing score on an examination approved by the division in collaboration
            with the board.
   (3) Each applicant for licensure as a funeral service establishment and each funeral service
       establishment licensee shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee as determined by the department under Section 63J-1-504;
       (c) have in place:
            (i) an embalming room for preparing dead human bodies for burial or final
                  disposition, which may serve one or more facilities operated by the applicant;
            (ii) a refrigeration room that maintains a temperature of not more than 40 degrees
                  fahrenheit for preserving dead human bodies prior to burial or final disposition,
                  which may serve one or more facilities operated by the applicant; and
            (iii) maintain at all times a licensed funeral service director who is responsible for the
                  day-to-day operation of the funeral service establishment and who is personally
                                                       -2-
     Enrolled Copy                                                                                 H.B. 216
              available to perform the services for which the license is required;
      (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service
          director if the funeral service establishment sells preneed funeral arrangements;
      (e) file with the completed application a copy of each form of contract or agreement the
          applicant will use in the sale of preneed funeral arrangements;
      (f) provide evidence of appropriate licensure with the Insurance Department if the
          applicant intends to engage in the sale of any preneed funeral arrangements funded in
          whole or in part by an insurance policy or product to be sold by the provider or the
          provider's sales agent; and
      (g) if the applicant intends to offer alkaline hydrolysis in a funeral service establishment,
          provide evidence that in accordance with rules made by the division in accordance
          with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
          (i) the funeral service establishment meets the minimum standards for the handling,
              holding, and processing of deceased human remains in a safe, clean, private, and
              respectful manner; and
          (ii) all operators of the alkaline hydrolysis equipment have received adequate training.
  (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
      (a) submit an application in a form prescribed by the division;
      (b) pay a fee as determined by the department under Section 63J-1-504;
      (c) have obtained a high school diploma or its equivalent or a higher education degree;
      (d) have obtained a passing score on an examination approved by the division in
          collaboration with the board;
      (e) affiliate with a licensed funeral service establishment; and
      (f) provide evidence of appropriate licensure with the Insurance Department if the
          applicant intends to engage in the sale of any preneed funeral arrangements funded in
          whole or in part by an insurance policy or product.
        Section 2. Section 58-11a-302 is amended to read:
        58-11a-302 . Qualifications for licensure.
  (1) Each applicant for licensure as a barber shall:
      (a) submit an application in a form prescribed by the division;
      (b) pay a fee determined by the department under Section 63J-1-504;
      (c) provide satisfactory documentation of:
          (i) graduation from a licensed or recognized barber school, or a licensed or
              recognized cosmetology/barber school, whose curriculum consists of a minimum
                                                    -3-
      H.B. 216                                                                                Enrolled Copy
                of 1,000 hours of instruction, or the equivalent number of credit hours[, over a
                period of not less than 25 weeks];
            (ii) (A) graduation from a recognized barber school located in a state other than
                Utah whose curriculum consists of less than 1,000 hours of instruction or the
                equivalent number of credit hours; and
                (B) practice as a licensed barber in a state other than Utah for not less than the
                    number of hours required to equal 1,000 total hours when added to the hours of
                    instruction described in Subsection (1)(c)(ii)(A); or
            (iii) completion of an approved barber apprenticeship; and
       (d) meet one of the following requirements established by rule:
            (i) pass an examination that consists of a written theory portion and a practical
                portion; or
            (ii) pass a practical examination and provide the written attestation of a licensed
                barber or cosmetologist/barber instructor who participated in the school or training
                under Subsection (1)(c), stating that the applicant has the necessary training and
                skill to be a licensed barber.
   (2) Each applicant for licensure as a barber instructor shall:
       (a) submit an application in a form prescribed by the division;
       (b) subject to Subsection (24), pay a fee determined by the department under Section
            63J-1-504;
       (c) provide satisfactory documentation that the applicant is currently licensed as a barber;
       (d) provide satisfactory documentation of completion of:
            (i) an instructor training program conducted by a licensed or recognized school, as
                defined by rule, consisting of a minimum of 250 hours or the equivalent number
                of credit hours;
            (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
                recognized school, as defined by rule, consisting of a minimum of 250 hours or
                the equivalent number of credit hours; or
            (iii) a minimum of 2,000 hours of experience as a barber; and
       (e) meet the examination requirement established by rule.
   (3) Each applicant for licensure as a barber school shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee determined by the department under Section 63J-1-504; and
       (c) provide satisfactory documentation:
                                                       -4-
      Enrolled Copy                                                                                 H.B. 216
          (i) of appropriate registration with the Division of Corporations and Commercial
              Code;
          (ii) of business licensure from the city, town, or county in which the school is located;
          (iii) that the applicant's physical facilities comply with the requirements established
              by rule; and
          (iv) that the applicant meets:
              (A) the standards for barber schools, including staff and accreditation
                   requirements, established by rule; and
              (B) the requirements for recognition as an institution of postsecondary study as
                   described in Subsection (22).
  (4) Each applicant for licensure as a cosmetologist/barber shall:
      (a) submit an application in a form prescribed by the division;
      (b) pay a fee determined by the department under Section 63J-1-504;
      (c) provide satisfactory documentation of:
          (i) graduation from a licensed or recognized cosmetology/barber school whose
              curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent
              number of credit hours, with full flexibility within those hours;
          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
              other than Utah whose curriculum consists of less than 1,600 hours of
              instruction, or the equivalent number of credit hours, with full flexibility within
              those hours; and
              (B) practice as a licensed cosmetologist/barber in a state other than Utah for not
                   less than the number of hours required to equal 1,600 total hours when added
                   to the hours of instruction described in Subsection (4)(c)(ii)(A); or
          (iii) completion of an approved cosmetology/barber apprenticeship; and
      (d) meet the examination requirement established by rule.
  (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
      (a) submit an application in a form prescribed by the division;
      (b) subject to Subsection (24), pay a fee determined by the department under Section
          63J-1-504;
      (c) provide satisfactory documentation that the applicant is currently licensed as a
          cosmetologist/barber;
      (d) provide satisfactory documentation of completion of:
          (i) an instructor training program conducted by a licensed or recognized school, as
                                                     -5-
      H.B. 216                                                                                Enrolled Copy
                defined by rule, consisting of a minimum of 400 hours or the equivalent number
                of credit hours;
            (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
                recognized school, as defined by rule, consisting of a minimum of 400 hours or
                the equivalent number of credit hours; or
            (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
       (e) meet the examination requirement established by rule.
   (6) Each applicant for licensure as a cosmetologist/barber school shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee determined by the department under Section 63J-1-504; and
       (c) provide satisfactory documentation:
            (i) of appropriate registration with the Division of Corporations and Commercial
                Code;
            (ii) of business licensure from the city, town, or county in which the school is located;
            (iii) that the applicant's physical facilities comply with the requirements established
                by rule; and
            (iv) that the applicant meets:
                (A) the standards for cosmetology schools, including staff and accreditation
                    requirements, established by rule; and
                (B) the requirements for recognition as an institution of postsecondary study as
                    described in Subsection (22).
   (7) Each applicant for licensure as an electrologist shall:
       (a) submit an application in a form prescribed by the division;
       (b) pay a fee determined by the department under Section 63J-1-504;
       (c) provide satisfactory documentation of having graduated from a licensed or
            recognized electrology school after completing a curriculum of 600 hours of
            instruction or the equivalent number of credit hours; and
       (d) meet the examination requirement established by rule.
   (8) Each applicant for licensure as an electrologist instructor shall:
       (a) submit an application in a form prescribed by the division;
       (b) subject to Subsection (24), pay a fee determined by the department under Section
            63J-1-504;
       (c) provide satisfactory documentation that the applicant is currently licensed as an
            electrologist;
                                                       -6-
      Enrolled Copy                                                                                 H.B. 216
      (d) provide satisfactory documentation of completion of:
          (i) an instructor training program conducted by a licensed or recognized school, as
              defined by rule, consisting of a minimum of 150 hours or the equivalent number
              of credit hours;
          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
              recognized school, as defined by rule, consisting of a minimum of 150 hours or
              the equivalent number of credit hours; or
          (iii) a minimum of 1,000 hours of experience as an electrologist; and
      (e) meet the examination requirement established by rule.
  (9) Each applicant for licensure as an electrologist school shall:
      (a) submit an application in a form prescribed by the division;
      (b) pay a fee determined by the department under Section 63J-1-504; and
      (c) provide satisfactory documentation:
          (i) of appropriate registration with the Division of Corporations and Commercial
              Code;
          (ii) of business licensure from the city, town, or county in which the school is located;
          (iii) that the applicant's facilities comply with the requirements established by rule;
              and
          (iv) that the applicant meets:
              (A) the standards for electrologist schools, including staff, curriculum, and
                    accreditation requirements, established by rule; and
              (B) the requirements for recognition as an institution of postsecondary study as
                    described in Subsection (22).
  (10) Each applicant for licensure as an esthetician shall:
      (a) submit an application in a form prescribed by the division;
      (b) pay a fee determined by the department under Section 63J-1-504;
      (c) provide satisfactory documentation of one of the following:
          (i) graduation from a licensed or recognized esthetic school or a licensed or
              recognized cosmetology/barber school[ whose curriculum consists of not less
              than 15 weeks of esthetic instruction] with a minimum of 600 hours or the
              equivalent number of credit hours;
228