Enrolled Copy S.B. 23
1 DIVISION OF OCCUPATIONAL AND PROFESSIONAL
2 LICENSING AMENDMENTS
3 2020 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6 House Sponsor: James A. Dunnigan
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the Division of Occupational and Professional
11 Licensing (the division).
12 Highlighted Provisions:
13 This bill:
14 < modifies the division's administrative fine authority;
15 < modifies the division's authority to grant a license by endorsement;
16 < modifies the responsibilities of the Uniform Building Code Commission;
17 < modifies the division's licensing fees for active duty personnel;
18 < modifies licensing regulations during disasters;
19 < removes good moral character provisions for many licensed professions;
20 < modifies provisions concerning the licensing requirements for certain cosmetology
21 related professions;
22 < modifies the division's required uses of surcharges for certain professions;
23 < modifies background check provisions for certain medical professions and for
24 licensed security guards;
25 < modifies the membership of the Plumbers Licensing Board and the Electricians
26 Licensing Board;
27 < modifies provisions related to the health facility administrator license;
28 < modifies the citation authority of the division;
29 < modifies pharmacy notification requirements;
S.B. 23 Enrolled Copy
30 < modifies provisions related to prelitigation panels under the Utah Health Care
31 Malpractice Act;
32 < modifies provisions related to disclosing information from the controlled substance
33 database in criminal proceedings;
34 < modifies provisions related to unprofessional and unlawful conduct for professions
35 regulated by the division; and
36 < makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 15A-1-203, as last amended by Laws of Utah 2019, Chapters 20 and 119
44 38-11-102, as last amended by Laws of Utah 2018, Chapter 229
45 58-1-301.3, as enacted by Laws of Utah 2018, Chapter 331
46 58-1-301.5, as last amended by Laws of Utah 2018, Chapter 318
47 58-1-301.7, as last amended by Laws of Utah 2013, Chapter 262
48 58-1-302, as last amended by Laws of Utah 2019, Chapter 215
49 58-1-307, as last amended by Laws of Utah 2019, Chapters 136 and 349
50 58-1-501, as last amended by Laws of Utah 2019, Chapter 198
51 58-1-502, as last amended by Laws of Utah 2018, Chapter 318
52 58-3a-105, as enacted by Laws of Utah 2019, Chapter 215
53 58-3a-302, as last amended by Laws of Utah 2009, Chapter 183
54 58-3a-304, as last amended by Laws of Utah 2016, Chapter 268
55 58-3a-502, as last amended by Laws of Utah 2018, Chapter 318
56 58-5a-302, as last amended by Laws of Utah 2017, Chapter 244
57 58-11a-102, as last amended by Laws of Utah 2017, Chapters 215 and 342
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58 58-11a-302, as last amended by Laws of Utah 2018, Chapters 415 and 445
59 58-11a-304, as last amended by Laws of Utah 2018, Chapter 318
60 58-11a-306, as last amended by Laws of Utah 2018, Chapter 318
61 58-11a-502, as last amended by Laws of Utah 2016, Chapters 249 and 274
62 58-11a-503, as last amended by Laws of Utah 2018, Chapter 318
63 58-15-11, as last amended by Laws of Utah 1993, Chapter 297
64 58-16a-102, as last amended by Laws of Utah 2012, Chapters 256 and 362
65 58-16a-302, as last amended by Laws of Utah 2016, Chapter 238
66 58-16a-501, as last amended by Laws of Utah 2012, Chapter 256
67 58-16a-503, as last amended by Laws of Utah 2000, Chapter 160
68 58-17b-303, as last amended by Laws of Utah 2012, Chapter 93
69 58-17b-304, as last amended by Laws of Utah 2013, Chapter 166
70 58-17b-305, as last amended by Laws of Utah 2013, Chapter 166
71 58-17b-305.1, as enacted by Laws of Utah 2014, Chapter 385
72 58-17b-308, as last amended by Laws of Utah 2017, Chapter 384
73 58-17b-504, as last amended by Laws of Utah 2018, Chapter 318
74 58-17b-614, as last amended by Laws of Utah 2007, Chapter 279
75 58-20b-302, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
76 58-22-102, as last amended by Laws of Utah 2017, Chapter 218
77 58-22-104, as enacted by Laws of Utah 2019, Chapter 215
78 58-22-302, as last amended by Laws of Utah 2017, Chapter 382
79 58-22-305, as last amended by Laws of Utah 2013, Chapter 262
80 58-22-503, as last amended by Laws of Utah 2018, Chapter 318
81 58-24b-302, as last amended by Laws of Utah 2019, Chapter 101
82 58-26a-302, as last amended by Laws of Utah 2017, Chapter 229
83 58-26a-305, as last amended by Laws of Utah 2008, Chapter 265
84 58-26a-306, as last amended by Laws of Utah 2019, Chapter 122
85 58-28-301, as enacted by Laws of Utah 2006, Chapter 109
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86 58-28-302, as last amended by Laws of Utah 2009, Chapter 183
87 58-28-304, as renumbered and amended by Laws of Utah 2006, Chapter 109
88 58-31b-503, as last amended by Laws of Utah 2018, Chapter 318
89 58-31b-803, as last amended by Laws of Utah 2019, Chapter 233
90 58-37f-203, as last amended by Laws of Utah 2019, Chapter 59
91 58-37f-301, as last amended by Laws of Utah 2018, Chapter 123
92 58-37f-302, as enacted by Laws of Utah 2010, Chapter 287
93 58-37f-303, as enacted by Laws of Utah 2016, Chapter 112
94 58-40-302, as last amended by Laws of Utah 2015, Chapter 77
95 58-40-501, as enacted by Laws of Utah 2012, Chapter 82
96 58-41-5, as last amended by Laws of Utah 2010, Chapter 397
97 58-42a-302, as last amended by Laws of Utah 2015, Chapters 28, 432 and last amended
98 by Coordination Clause, Laws of Utah 2015, Chapter 28
99 58-42a-501, as repealed and reenacted by Laws of Utah 2015, Chapter 432
100 58-46a-302, as last amended by Laws of Utah 2013, Chapter 87
101 58-47b-302, as last amended by Laws of Utah 2009, Chapter 183
102 58-49-4, as last amended by Laws of Utah 1989, Chapter 225
103 58-49-5, as enacted by Laws of Utah 1986, Chapter 192
104 58-49-9, as enacted by Laws of Utah 1986, Chapter 192
105 58-53-502, as last amended by Laws of Utah 2018, Chapter 318
106 58-54-302, as last amended by Laws of Utah 2012, Chapter 369
107 58-55-103, as last amended by Laws of Utah 2016, Chapter 25
108 58-55-106, as enacted by Laws of Utah 2019, Chapter 215
109 58-55-201, as last amended by Laws of Utah 2019, Chapter 215
110 58-55-302, as last amended by Laws of Utah 2019, Chapter 215
111 58-55-305, as last amended by Laws of Utah 2019, Chapters 136 and 215
112 58-55-308, as last amended by Laws of Utah 2019, Chapter 340
113 58-55-401, as last amended by Laws of Utah 2011, Chapter 413
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114 58-55-501, as last amended by Laws of Utah 2018, Chapter 318
115 58-55-503, as last amended by Laws of Utah 2018, Chapter 318
116 58-56-9.5, as last amended by Laws of Utah 2018, Chapters 229 and 318
117 58-57-4, as last amended by Laws of Utah 2009, Chapter 183
118 58-60-109, as last amended by Laws of Utah 2015, Chapter 323
119 58-60-115, as last amended by Laws of Utah 2012, Chapter 179
120 58-60-117, as last amended by Laws of Utah 2018, Chapter 318
121 58-60-205, as last amended by Laws of Utah 2019, Chapter 393
122 58-60-207, as last amended by Laws of Utah 2019, Chapter 393
123 58-60-305.5, as last amended by Laws of Utah 2009, Chapter 183
124 58-60-305, as last amended by Laws of Utah 2019, Chapter 393
125 58-60-308, as last amended by Laws of Utah 2019, Chapter 393
126 58-60-405, as last amended by Laws of Utah 2015, Chapter 77
127 58-60-407, as last amended by Laws of Utah 2019, Chapter 393
128 58-60-506, as last amended by Laws of Utah 2015, Chapter 77
129 58-61-304, as last amended by Laws of Utah 2013, Chapters 16 and 262
130 58-61-501, as last amended by Laws of Utah 2001, Chapter 281
131 58-61-704, as enacted by Laws of Utah 2015, Chapter 367
132 58-61-705, as enacted by Laws of Utah 2015, Chapter 367
133 58-63-302, as last amended by Laws of Utah 2018, Chapter 177
134 58-63-306, as last amended by Laws of Utah 2008, Chapter 246
135 58-63-503, as last amended by Laws of Utah 2018, Chapter 318
136 58-64-302, as last amended by Laws of Utah 2016, Chapter 201
137 58-67-503, as last amended by Laws of Utah 2018, Chapter 318
138 58-67-302, as last amended by Laws of Utah 2019, Chapter 445
139 58-67-302.5, as last amended by Laws of Utah 2019, Chapter 445
140 58-67-302.7, as last amended by Laws of Utah 2018, Chapter 318
141 58-67-302.8, as last amended by Laws of Utah 2018, Chapter 318
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142 58-67-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
143 58-67-403, as last amended by Laws of Utah 2018, Chapter 318
144 58-68-302, as last amended by Laws of Utah 2019, Chapter 445
145 58-68-302.5, as last amended by Laws of Utah 2018, Chapter 318
146 58-68-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
147 58-68-403, as last amended by Laws of Utah 2018, Chapter 318
148 58-68-503, as last amended by Laws of Utah 2018, Chapter 318
149 58-69-302, as last amended by Laws of Utah 2018, Chapter 66
150 58-70a-302, as last amended by Laws of Utah 2017, Chapter 309
151 58-70a-306, as last amended by Laws of Utah 2010, Chapter 37
152 58-71-302, as last amended by Laws of Utah 2009, Chapter 183
153 58-72-302, as last amended by Laws of Utah 2019, Chapter 485
154 58-73-302, as last amended by Laws of Utah 2009, Chapter 183
155 58-74-102, as last amended by Laws of Utah 2019, Chapter 379
156 58-74-302, as last amended by Laws of Utah 2019, Chapter 379
157 58-75-302, as last amended by Laws of Utah 2009, Chapter 183
158 58-76-302, as last amended by Laws of Utah 2009, Chapter 183
159 58-76-502, as last amended by Laws of Utah 2018, Chapter 318
160 58-77-302, as last amended by Laws of Utah 2009, Chapter 183
161 58-78-302, as last amended by Laws of Utah 2011, Chapter 367
162 58-79-302, as enacted by Laws of Utah 2009, Chapter 52
163 58-84-201, as enacted by Laws of Utah 2014, Chapter 340
164 58-86-202, as enacted by Laws of Utah 2016, Chapter 294
165 58-86-302, as enacted by Laws of Utah 2016, Chapter 294
166 63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
167 78B-3-416, as last amended by Laws of Utah 2018, Chapter 318
168 ENACTS:
169 58-61-304.1, Utah Code Annotated 1953
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170
171 Be it enacted by the Legislature of the state of Utah:
172 Section 1. Section 15A-1-203 is amended to read:
173 15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
174 Council.
175 (1) There is created a Uniform Building Code Commission to advise the division with
176 respect to the division's responsibilities in administering the codes.
177 (2) The commission shall consist of 11 members as follows:
178 (a) one member shall be from among candidates nominated by the Utah League of
179 Cities and Towns and the Utah Association of Counties;
180 (b) one member shall be a licensed building inspector employed by a political
181 subdivision of the state;
182 (c) one member shall be a licensed professional engineer;
183 (d) one member shall be a licensed architect;
184 (e) one member shall be a fire official;
185 (f) three members shall be contractors licensed by the state, of which one shall be a
186 general contractor, one an electrical contractor, and one a plumbing contractor;
187 (g) two members shall be from the general public and have no affiliation with the
188 construction industry or real estate development industry; and
189 (h) one member shall be from the Division of Facilities Construction and Management
190 of the Department of Administrative Services.
191 (3) (a) The executive director shall appoint each commission member after submitting
192 a nomination to the governor for confirmation or rejection.
193 (b) If the governor rejects a nominee, the executive director shall submit an alternative
194 nominee until the governor confirms the nomination. An appointment is effective after the
195 governor confirms the nomination.
196 (4) (a) Except as required by Subsection (4)(b), as terms of commission members
197 expire, the executive director shall appoint each new commission member or reappointed
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198 commission member to a four-year term.
199 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
200 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
201 of commission members are staggered so that approximately half of the commission is
202 appointed every two years.
203 (5) When a vacancy occurs in the commission membership for any reason, the
204 executive director shall appoint a replacement for the unexpired term.
205 (6) (a) A commission member may not serve more than two full terms.
206 (b) A commission member who ceases to serve may not again serve on the commission
207 until after the expiration of two years after the day on which service ceased.
208 (7) A majority of the commission members constitute a quorum and may act on behalf
209 of the commission.
210 (8) A commission member may not receive compensation or benefits for the
211 commission member's service, but may receive per diem and travel expenses in accordance
212 with:
213 (a) Section 63A-3-106;
214 (b) Section 63A-3-107; and
215 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
216 63A-3-107.
217 (9) (a) The commission shall annually designate one of the commission's members to
218 serve as chair of the commission.
219 (b) The division shall provide a secretary to facilitate the function of the commission
220 and to record the commission's actions and recommendations.
221 (10) The commission shall:
222 (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
223 Committee;
224 [(b) offer an opinion regarding the interpretation of or the application of a code if a
225 person submits a request for an opinion;]
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226 [(c)] (b) act as an appeals board as provided in Section 15A-1-207;
227 [(d)] (c) establish advisory peer committees on either a standing or ad hoc basis to
228 advise the commission with respect to matters related to a code, including a committee to
229 advise the commission regarding health matters related to a plumbing code; and
230 [(e)] (d) assist the division in overseeing code-related training in accordance with
231 Section 15A-1-209.
232 [(11) A person requesting an opinion under Subsection (10)(b) shall submit a formal
233 request clearly stating:]
234 [(a) the facts in question;]
235 [(b) the specific citation at issue in a code; and]
236 [(c) the position taken by the persons involved in the facts in question.]
237 [(12)] (11) (a) In a manner consistent with Subsection [(10)(d)] (10)(c), the
238 commission shall jointly create with the Utah Fire Prevention Board an advisory peer
239 committee known as the "Unified Code Analysis Council" to review fire prevention and
240 construction code issues that require definitive and specific analysis.
241 (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
242 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
243 (i) the appointment of members to the Unified Code Analysis Council; and
244 (ii) procedures followed by the Unified Code Analysis Council.
245 Section 2. Section 38-11-102 is amended to read:
246 38-11-102. Definitions.
247 (1) "Board" means the Residence Lien Recovery Fund Advisory Board established
248 under Section 38-11-104.
249 (2) "Certificate of compliance" mea