Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                H.B. 554
Approved for Filing: A. Weenig 6
          6 02-15-24 8:24 AM 6
                      LICENSURE BY ENDORSEMENT AMENDMENTS
                                        2024 GENERAL SESSION
                                             STATE OF UTAH
                               Chief Sponsor: Norman K Thurston
                                   Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to professional licensing.
 Highlighted Provisions:
        This bill:
        < allows the Division of Professional Licensing (division), when considering an
 applicant for licensure by endorsement for certain licenses, to:
              C    issue a license by endorsement to an applicant who does not possess an active
 license;
              C    consider an applicant's previous licensure or certification when evaluating an
 applicant;
              C    accept accreditation from an accrediting body the division approves by rule;
              C    consider the amount of time that has elapsed since an applicant last possessed an
 active license;
              C    require an applicant to pass an examination before issuing a license; and
              C    issue a license by endorsement to an applicant as a pharmacist who has passed
 the National Association of Boards of Pharmacy's North American Pharmacy
 Licensing Examination;
        < extends the duration of a pharmacy intern license;
                                                                                                           H.B. 554
        < removes, for certain professions, the requirement that an applicant for licensure by
 endorsement has been employed full-time before the application;
     *HB0554*
      H.B. 554                                                             02-15-24 8:24 AM
       < grants rulemaking authority to the division; 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 2023, Chapter 222
       58-3a-302, as last amended by Laws of Utah 2022, Chapter 415
       58-9-302, as last amended by Laws of Utah 2022, Chapter 415
       58-16a-302, as last amended by Laws of Utah 2022, Chapter 415
       58-17b-303, as last amended by Laws of Utah 2020, Chapter 339
       58-17b-308, as last amended by Laws of Utah 2020, Chapter 339
       58-22-302, as last amended by Laws of Utah 2020, Chapters 339, 365
       58-24b-302, as last amended by Laws of Utah 2020, Chapter 339
       58-26a-102, as last amended by Laws of Utah 2017, Chapter 229
       58-26a-302, as last amended by Laws of Utah 2020, Chapter 339
       58-28-302, as last amended by Laws of Utah 2020, Chapter 339
       58-31b-303, as last amended by Laws of Utah 2022, Chapters 277, 415
       58-42a-302, as last amended by Laws of Utah 2022, Chapter 221
       58-44a-302, as last amended by Laws of Utah 2022, Chapters 415, 438
       58-49-4, as last amended by Laws of Utah 2023, Chapter 249
       58-49-6, as last amended by Laws of Utah 2023, Chapter 249
       58-57-4, as last amended by Laws of Utah 2020, Chapter 339
       58-57-5, as last amended by Laws of Utah 2006, Chapter 106
       58-60-115, as last amended by Laws of Utah 2020, Chapter 339
       58-61-304, as last amended by Laws of Utah 2020, Chapter 339
       58-69-302, as last amended by Laws of Utah 2020, Chapter 339
       58-73-302, as last amended by Laws of Utah 2022, Chapter 415
       58-74-302, as last amended by Laws of Utah 2020, Chapter 339
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       02-15-24 8:24 AM                                                                           H.B. 554
59
 Be it enacted by the Legislature of the state of Utah:
         Section 1. 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 (4) through [(7)] (9), the division shall issue a license to an
 applicant who has been licensed in 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) 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
 where the license was issued.
         (3) Subject to Subsections (4) through [(7)] (9), the division 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 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) 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 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 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 division determines that the education or experience was substantially similar to
 the current education or experience requirements for the license sought in this state.
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        H.B. 554                                                                     02-15-24 8:24 AM
          (4) The division may refuse to issue a license to an applicant under this section if:
          (a) the division 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
 license.
          (5) For an applicant who has been licensed in another state, district, or territory of the
 United States, or in a jurisdiction outside the United States, and does not currently possess an
 active license, when evaluating the applicant's application for licensure by endorsement, the
 division may consider the time that has elapsed since the applicant last possessed an active
 license.
          (6) Before the division issues a license to an applicant under this section, the division
 may require the applicant to pass an examination currently required for the license sought in
 this state.
          [(5)] (7) Before the division 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)] (8) 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.
          [(7)] (9) 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.
          Section 2. Section 58-3a-302 is amended to read:
          58-3a-302. Qualifications for licensure.
          (1) Except as provided in Subsection (2), each applicant for licensure as an architect
 shall:
          (a) submit an application in a form prescribed by the division;
          (b) pay a fee determined by the department under Section 63J-1-504;
          (c) have graduated and received an earned bachelors or masters degree from an
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        02-15-24 8:24 AM                                                                       H.B. 554
 architecture program meeting criteria established by rule by the division in collaboration with
 the board;
        (d) have successfully completed a program of diversified practical experience
 established by rule by the division in collaboration with the board;
        (e) have successfully passed examinations established by rule by the division in
 collaboration with the board; and
        (f) meet with the board or representative of the division upon request for the purpose of
 evaluating the applicant's qualifications for license.
        (2) Each applicant for licensure as an architect by endorsement 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) submit satisfactory evidence of:
        (i) (A) current or previous licensure in good standing in a jurisdiction recognized by
 rule by the division in collaboration with the board; and
        (B) current or previous certification from the National Council of Architectural
 Registration Boards, or another certification, as provided by rule made by the division in
 collaboration with the board; or
        (ii) (A) current license in good standing in a jurisdiction recognized by rule by the
 division in collaboration with the board; and
        (B) full-time employment as a licensed architect as a principal for at least five of the
 last seven years immediately preceding the date of the application;
        (d) have successfully passed an examination established by rule by the division in
 collaboration with the board; and
        (e) meet with the board or representative of the division upon request for the purpose
 of evaluating the applicant's qualifications for license.
        Section 3. 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;
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        H.B. 554                                                                   02-15-24 8:24 AM
        (d) have obtained an associate degree, or its equivalent, in mortuary science from a
 school of funeral service accredited by:
        (i) the American Board of Funeral Service Education [or other];
        (ii) an accrediting body recognized by the [U.S.] United States Department of
 Education; or
        (iii) an accrediting body the division approves by rule, in collaboration with the board;
        (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 available to
 perform the services for which the license is required;
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        02-15-24 8:24 AM                                                                       H.B. 554
        (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 4. Section 58-16a-302 is amended to read:
        58-16a-302. Qualifications for licensure.
        An applicant for licensure as an optometrist shall:
        (1) submit an application in a form prescribed by the division;
        (2) pay a fee as determined by the division under Section 63J-1-504;
        (3) (a) be a doctoral graduate of a recognized school of optometry accredited by:
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        H.B. 554                                                                     02-15-24 8:24 AM
           (i) the American Optometric Association's Accreditation Council on Optometric
 Education; or
           (ii) an accrediting body the division approves by rule, in collaboration with the board;
 or
           (b) be a graduate of a school of optometry located outside the United States that meets
 the criteria that would qualify the school for accreditation under Subsection (3)(a), as
 demonstrated by the applicant for licensure;
           (4) if the applicant graduated from a recognized school of optometry prior to July 1,
 1996, have successfully completed a course of study satisfactory to the division, in consultation
 with the board, in general and ocular pharmacology and emergency medical care;
           (5) have passed examinations approved by the division in consultation with the board
 that include:
           (a) a standardized national optometry examination;
           (b) a standardized clinical examination; and
           (c) a standardized national therapeutics examination; and
           (6) meet with the board and representatives of the division, if requested by either party,
 for the purpose of evaluating the applicant's qualifications for licensure.
           Section 5. Section 58-17b-303 is amended to read:
           58-17b-303. Qualifications for licensu