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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-1-101 Title.
These rules are known as the General Rules of the Division of Occupational and Professional Licensing.
R156-1-102 Definitions.
In addition to the definitions in Title 58, as used in Title 58 or these rules:
(1) "Active and in good standing" means a licensure status which allows the licensee full privileges to engage in the practice of the occupation or profession subject to the scope of the licensee's license classification.
(2) "Cancel" or "cancellation" means nondisciplinary action by the division to rescind, repeal, annul, or void a license issued in error.
(3) "Charges" means the acts or omissions alleged to constitute either unprofessional or unlawful conduct or both by a licensee, which serve as the basis to consider a licensee for inclusion in the diversion program authorized in Section 58-1-404.
(4) "Denial of licensure" means action by the division refusing to issue a license to an applicant for initial licensure, renewal of licensure, reinstatement of licensure or relicensure.
(5) "Disciplinary action" means adverse licensure action by the division under the authority of Subsections 58-1-401 (2)(a) through (2)(b).
(6) "Diversion agreement" means a formal written agreement between a licensee, the division, and a diversion committee, outlining the terms and conditions with which a licensee must comply as a condition of entering in and remaining under the diversion program authorized in Section 58-1-404.
(7) "Diversion committees" mean diversion advisory committees authorized by Subsection 58-1-404 (2)(a) and created under Subsection R156-1-404a.
(8) "Duplicate license" means a license reissued to replace a license which has been lost, stolen, or mutilated.
(9) "Emergency review committees" mean emergency adjudicative proceedings review committees created by the division under the authority of Subsection 58-1-108 (2).
(10) "Expire" or "expiration" means the automatic termination of a license which occurs:
(a) at the expiration date shown upon a license if the licensee fails to renew the license before the expiration date; or
(b) prior to the expiration date shown on the license:
(i) upon the death of a licensee who is a natural person;
(ii) upon the dissolution of a licensee who is a partnership, corporation, or other business entity; or
(iii) upon the issuance of a new license which supersedes an old license, including a license which:
(A) replaces a temporary license;
(B) replaces a student or other interim license which is limited to one or more renewals or other renewal limitation; or
(C) is issued to a licensee in an upgraded classification permitting the licensee to engage in a broader scope of practice in the licensed occupation or profession.
(11) "Inactive" or "inactivation" means action by the division to place a license on inactive status in accordance with Sections 58-1-305 and R156-1-305.
(12) "Investigative subpoena authority" means, except as otherwise specified in writing by the director, the division enforcement counsel, or if the division enforcement counsel is unable to so serve for any reason, the assistant director, or if both the division enforcement counsel and the assistant director are unable to so serve for any reason, the department enforcement counsel.
(13) "License" means a right or privilege to engage in the practice of a regulated occupation or profession as a licensee.
(14) "Limit" or "limitation" means nondisciplinary action placing either terms and conditions or restrictions or both upon a license:
(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the licensee's current license or disciplinary status.
(15) "Nondisciplinary action" means adverse licensure by the division under the authority of Subsection 58-1-401 (1) or 58-1-401 (2)(c) through (2)(d).
(16) "Peer committees" mean advisory peer committees to boards created by the legislature in Title 58 or by the division under the authority of Subsection 58-1-203 (6).
(17) "Private reprimand" means disciplinary action to formally reprove or censure a licensee for unprofessional or unlawful conduct, with the documentation of the action being classified as a private record.
(18) "Probation" means disciplinary action placing terms and conditions upon a license:
(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the licensee's current license or disciplinary status.
(19) "Public reprimand" means disciplinary action to formally reprove or censure a licensee for unprofessional or unlawful conduct, with the documentation of the action being classified as a public record.
(20) "Regulatory authority" as used in Subsection 58-1-501 (2)(d) means any governmental entity who licenses, certifies, registers, or otherwise regulates persons subject to its jurisdiction, or who grants the right to practice before or otherwise do business with the governmental entity.
(21) "Reinstate" or "reinstatement" means to activate an expired license or to restore a license which is restricted, as defined in Subsection (19)(b), or is suspended, or placed on probation, to a lesser restrictive license or an active in good standing license.
(22) "Relicense" or "relicensure" means to license an applicant who has previously been revoked or has previously surrendered a license.
(23) "Remove or modify restrictions" means to remove or modify restrictions, as defined in Subsection (19)(a), placed on a license issued to an applicant for licensure.
(24) "Restrict" or "restriction" means disciplinary action qualifying or limiting the scope of a license:
(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-304 ; or
(b) issued to a licensee in place of the licensee's current license or disciplinary status.
(25) "Revoke" or "revocation" means disciplinary action by the division extinguishing a license.
(26) "Suspend" or "suspension" means disciplinary action by the division removing the right to use a license for a period of time or indefinitely as indicated in the disciplinary order, with the possibility of subsequent reinstatement of the right to use the license.
(27) "Surrender" means voluntary action by a licensee giving back or returning to the division in accordance with Section 58-1-306 , all rights and privileges associated with a license issued to the licensee.
(28) "Temporary license" or "temporary licensure" means a license issued by the division on a temporary basis to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-303.
(29) "Unprofessional conduct" as defined in Title 58 is further defined, in accordance with Subsection 58-1-203 (5), in Section R156-1-502.
(30) "Warning or final disposition letters which do not constitute disciplinary action" as used in Subsection 58-1-108 (3) mean letters which do not contain findings of fact or conclusions of law and do not constitute a reprimand, but which may address any or all of the following:
(a) division concerns;
(b) allegations upon which those concerns are based;
(c) potential for administrative or judicial action; and
(d) disposition of division concerns.
R156-1-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58.
R156-1-107 Organization of Rules - Content, Applicability and Relationship of Rules.
(1) The rules and sections in Title R156 shall, to the extent practicable, follow the numbering and organizational scheme of the chapters in Title 58.
(2) Rule R156-1 shall contain general provisions applicable to the administration and enforcement of all occupations and professions regulated in Title 58.
(3) The provisions of the other rules in Title R156 shall contain specific or unique provisions applicable to particular occupations or professions.
(4) Specific rules in Title R156 may supplement or alter Rule R156-1 unless expressly provided otherwise in Rule R156-1.
R156-1-109 Presiding Officers.
In accordance with Subsection 63-46b-2 (1)(h) and Section 58-1-109 , except as otherwise specified in writing by the director, the designation of presiding officers is clarified or established as follows:
(1) The division enforcement counsel is designated as the presiding officer for issuance of notices of agency action and for issuance of notices of hearing issued concurrently with a notice of agency action or issued in response to a request for agency action, provided that if the division enforcement counsel is unable to so serve for any reason, the assistant director is designated as the alternate presiding officer.
(2) Subsections 58-1-109 (2) and 58-1-109 (4) are clarified with regard to defaults as follows. Except as otherwise specified in writing by the director, the department administrative law judge is designated as the presiding officer for entering an order of default against a party, for conducting any further proceedings necessary to complete the adjudicative proceeding, and for issuing a recommended order to the director determining the discipline to be imposed, licensure action to be taken, relief to be granted, etc.
(3) Except as otherwise specified in writing by the director, the presiding officer for informal adjudicative proceedings initiated by a request for agency action are as follows:
(a) Director. The director shall be the presiding officer for the informal adjudicative proceedings described in Subsections R156-46b-202(1)(g), (j), (l), (m), (p), (r) and (u).
(b) Bureau managers. The bureau manager over the occupation or profession involved shall be the presiding officer for the informal adjudicative proceedings described in Subsections R156-46b-202(1)(a) through (f), (h), (i), (k), (q), (s), and (t).
(i) At the direction of the a bureau manager, a licensing technician may sign an informal order in the name of the licensing technician provided the format of the order has been approved in advance by the bureau manager and provided the caption "FOR THE BUREAU MANAGER" immediately precedes the licensing technician's signature.
(c) Contested citation hearing officer. The contested citation hearing officer designated in writing by the director shall be the presiding officer for the adjudicative proceeding described in Subsection R156-46b-202(1)(n).
(d) Uniform Building Code Commission. The Uniform Building Code Commission shall be the presiding officer for the adjudicative proceeding described in Subsection R156-46b-202(1)(o).
(4) Except as otherwise specified in writing by the director, the presiding officer for informal adjudicative proceedings initiated by a notice of agency action shall be the division director.
R156-1-110 Issuance of Investigative Subpoenas.
(1) All requests for subpoenas in conjunction with a division investigation made pursuant to Subsection 58-1-106 (3), shall be made in writing to the investigative subpoena authority and shall be accompanied by an original of the proposed subpoena.
(a) Requests to the investigative subpoena authority shall contain adequate information to enable the subpoena authority to make a finding of sufficient need, including: the factual basis for the request, the relevance and necessity of the particular person, evidence, documents, etc., to the investigation, and an explanation why the subpoena is directed to the particular person upon whom it is to be served.
(b) Approved subpoenas shall be issued under the seal of the division and the signature of the subpoena authority.
(2) The investigative subpoena authority may quash or modify an investigative subpoena if it is shown to be unreasonable or oppressive.
R156-1-204 Board and Committee Meetings Open to Public - Notice of Board Meetings.
(1) Board and committee meetings shall be open to the public except when closed in accordance with Section 52-4-5.
(2) The notice of board and committee meetings required by Section 52-4-6 shall be provided as follows:
(a) Not later than the last working day of January of each year, the division shall publish a list of its anticipated board and committee monthly meeting schedule in the State Bulletin.
(b) Not later than the last working day of each calendar month the division shall post in a prominent and appropriate place within the building occupied by the division, a calendar containing the date, time, and place of all board and committee meetings scheduled for the next succeeding month. In addition, the division shall provide a copy to the media.
(c) Not later than the close of business of the business day preceding a meeting of any board or committee, the division shall post in a prominent and appropriate place within the building occupied by the division, a copy of the agenda for the board or committee meeting.
R156-1-205 Advisory Peer Committees - Director to Appoint with Concurrence of Board - Terms of Office - Vacancies in Office - Removal from Office - Quorum Requirements - Appointment of Chairman - Division to Provide Secretary - Compliance with Open and Public Meetings Act - Compliance with Utah Administrative Procedures Act - No Provision for Per Diem and Expenses.
(1) The director shall appoint the members of peer committees established under Title 58 or Title R156. In appointing these members, the director shall give consideration to recommendations by members of the boards.
(2) The names of all persons appointed to peer committees shall be submitted to the appropriate board for confirmation or rejection. If an appointee is rejected by the board, the director shall appoint another person to the board for confirmation or rejection.
(3) Except for ad hoc peer committees whose members shall be appointed on a case-by-case basis, the term of office of peer committee members shall be for four years. The director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the peer committee is appointed every two years.
(4) No peer committee member may serve more than two full terms, and no member who ceases to serve may again serve on the peer committee until after the expiration of two years from the date of cessation of service.
(5) If a vacancy on a peer committee occurs, the director shall appoint a replacement to fill the unexpired term and submit the appointment to the appropriate board for confirmation or rejection. After filling the unexpired term, the replacement may be appointed for only one additional full term.
(6) If a peer committee member fails or refuses to fulfill the responsibilities and duties of a peer committee member, including the attendance at peer committee meetings, the director in collaboration with the board may remove the peer committee member and replace the member in accordance with this section. After filling the unexpired term, the replacement may be appointed for only one additional full term.
(7) Committee meetings shall only be convened with the approval of the appropriate board and the concurrence of the division.
(8) Unless otherwise approved by the division, peer committee meetings shall be held in the building occupied by the division.
(9) A majority of the peer committee members shall constitute a quorum and may act in behalf of the peer committee.
(10) Peer committees shall annually designate one of their members to serve as peer committee chairman. The division shall provide a division employee to act as committee secretary to take minutes of committee meetings and to prepare committee correspondence.
(11) Peer committees shall comply with the procedures and requirements of Title 52, Chapter 4, Open and Public Meetings, in their meetings.
(12) Peer committees shall comply with the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in their adjudicative proceedings.
(13) Peer committee members shall perform their duties and responsibilities as public service and shall not receive a per diem allowance, or traveling or accommodations expenses incurred in peer committees business, except as otherwise provided in Title 58 or Title R156.
R156-1-206 Emergency Adjudicative Proceeding Review Committees - Appointment - Terms - Vacancies - Removal - Quorum - Chairman and Secretary - Open and Public Meetings Act - Utah Administrative Procedures Act - Per Diem and Expenses.
(1) The chairman of the board for the profession of the person against whom an action is proposed may appoint the members of emergency review committees on a case-by-case or period-of-time basis.
(2) With the exception of the appointment and removal of members and filling of vacancies by the chairman of a board, emergency review committees, committees shall serve in accordance with Subsections R156-1-204(3) through (13).
R156-1-301 Cheating on Examinations.
(1) Policy.
The passing of an examination, when required as a condition of obtaining or maintaining a license issued by the division, is considered to be a critical indicator that an applicant or licensee meets the minimum qualifications for licensure. Failure to pass an examination is considered to be evidence that an applicant or licensee does not meet the minimum qualifications for licensure. Accordingly, the accuracy of the examination result as a measure of an applicant's or licensee's competency must be assured. Cheating by an applicant or licensee on any examination required as a condition of obtaining a license or maintaining a license shall be considered unprofessional conduct and shall result in imposition of an appropriate penalty against the applicant or licensee.
(2) Cheating Defined.
Cheating is defined as the use of any means or instrumentality by or for the benefit of an examinee to alter the results of an examination in any way to cause the examination results to inaccurately represent the competency of an examinee with respect to the knowledge or skills about which they are examined. Cheating includes:
(a) communication between examinees inside of the examination room or facility during the course of the examination;
(b) communication about the examination with anyone outside of the examination room or facility during the course of the examination;
(c) copying another examinee's answers or looking at another examinee's answers while an examination is in progress;
(d) permitting anyone to copy answers to the examination;
(e) substitution by an applicant or licensee or by others for the benefit of an applicant or licensee of another person as the examinee in place of the applicant or licensee;
(f) use by an applicant or licensee of any written material, audio material, video material or any other mechanism not specifically authorized during the examination for the purpose of assisting an examinee in the examination;
(g) obtaining, using, buying, selling, possession of or having access to a copy of the examination prior to administration of the examination.
(3) Action Upon Detection of Cheating.
(a) The person responsible for administration of an examination, upon evidence that an examinee is or has been cheating on an examination shall notify the division of the circumstances in detail and the identity of the examinees involved with an assessment of the degree of involvement of each examinee;
(b) If cheating is detected prior to commencement of the examination, the examinee may be denied the privilege of taking the examination; or if permitted to take the examination, the examinee shall be notified of the evidence of cheating and shall be informed that the division may consider the examination to have been failed by the applicant or licensee because of the cheating; or
(c) If cheating is detected during the examination, the examinee may be requested to leave the examination facility and in that case the examination results shall be the same as failure of the examination; however, if the person responsible for administration of the examination determines the cheating detected has not yet compromised the integrity of the examination, such steps as are necessary to prevent further cheating shall be taken and the examinee may be permitted to continue with the examination.
(d) If cheating is detected after the examination, the division shall make appropriate inquiry to determine the facts concerning the cheating and shall thereafter take appropriate action.
(e) Upon determination that an applicant has cheated on an examination, the division may deny the applicant a license and may establish conditions the applicant must meet to qualify for a license including the earliest date on which the division will again consider the applicant for licensure.
(4) Notification.
The division shall notify all proctors, test administrators and examinees of the rules concerning cheating.
R156-1-305 Inactive Licensure.
(1) In accordance with Section 58-1-305 , except as provided in Subsection (2), a licensee who holds an active in good standing license under Title 58 may apply for inactive licensure status.
(2) The following licenses issued under Title 58 may not be placed on inactive licensure status:
(a) Agency performing animal euthanasia;
(b) Analytical laboratory;
(c) Branch pharmacy;
(d) Certified professional accountant firm;
(e) Controlled substance;
(f) Controlled substance precursor distributors and purchasers;
(g) Cosmetologist/barber school;
(h) Employee leasing company;
(i) Funeral service establishment;
(j) Hospital, institutional, nuclear, out-of-state mail service and retail pharmacy;
(k) Licensed substance abuse counselor;
(l) Pharmaceutical manufacturer, researcher, teaching organization, wholesaler or distributor;
(m) Preneed funeral arrangement provider; and
(n) Veterinary pharmaceutical outlet.
(3) Applicants for inactive licensure shall apply to the division in writing upon forms available from the division. Each completed application shall contain documentation of requirements for inactive licensure, shall be verified by the applicant, and shall be accompanied by the appropriate fee.
(4) If all requirements are met for inactive licensure, the division shall place the license on inactive status.
(5) A license may remain on inactive status indefinitely except as otherwise provided in Title 58 or rules which implement Title 58.
(6) An inactive license may be activated by requesting activation in writing upon forms available from the division. Unless otherwise provided in Title 58 or rules which implement Title 58, each reactivation application shall contain documentation that the applicant meets current renewal requirements, shall be verified by the applicant, and shall be accompanied by the appropriate fee.
R156-1-308a Renewal Dates.
The following renewal dates are established by license classification in accordance with the Subsection 58-1-308 (1):
(1) Acupuncturist May 31 even years (2) Advanced Practice Registered Nurse January 31 even years (3) Animal Euthanasia Agency May 31 odd years (4) Alternate Dispute Resolution Provdr September 30 even years (5) Analytical Laboratory May 31 odd years (6) Architect May 31 even years (7) Audiologist May 31 odd years (8) Boxing Licensee December 31 every year (9) Branch Pharmacy May 31 odd years (10) Building Inspector July 31 odd years (11) Burglar Alarm Security July 31 even years (12) C.P.A. Firm September 30 even years (13) Certified Shorthand Reporter May 31 even years (14) Certified Dietitian September 30 even years (15) Certified Nurse Midwife January 31 even years (16) Certified Public Accountant September 30 even years (17) Certified Registered Nurse Anesthetist January 31 even years (18) Certified Social Worker September 30 even years (19) Chiropractic Physician May 31 even years (20) Clinical Social Worker September 30 even years (21) Construction Trades Instructor July 31 odd years (22) Contractor July 31 odd years (23) Controlled Substance Precursor Distributor May 31 odd years (24) Controlled Substance Precursor Purchaser May 31 odd years (25) Cosmetologist/Barber September 30 odd years (26) Cosmetology/Barber School September 30 odd years (27) Deception Detection July 31 even years (28) Dental Hygienist May 31 even years (29) Dentist May 31 even years (30) Electrician Apprentice, Journeyman, Master, Residential Journeyman, Residential Master July 31 even years (31) Electrologist September 30 odd years (32) Environmental Health Scientist May 31 odd years (33) Factory Built Housing Dealer September 30 even years (34) Funeral Service Director May 31 even years (35) Funeral Service May 31 even years Establishment (36) Health Care Assistant November 30 even years (37) Health Facility May 31 odd years Administrator (38) Hearing Instrument September 30 even years Specialist (39) Hospital Pharmacy May 31 odd years (40) Institutional Pharmacy May 31 odd years (41) Landscape Architect May 31 even years (42) Licensed Practical Nurse January 31 even years (43) Licensed Substance Abuse May 31 odd years Counselor (44) Marriage and Family September 30 even years Therapist (45) Massage Apprentice, May 31 odd years Therapist (46) Naturopath/Naturopathic May 31 even years Physician (47) Nuclear Pharmacy May 31 odd years (48) Occupational Therapist May 31 odd years (49) Occupational Therapy May 31 odd years Assistant (50) Optometrist September 30 even years (51) Osteopathic Physician and May 31 even years Surgeon (52) Out of State Mail Order May 31 odd years Pharmacy (53) Pharmaceutical Administration Facility May 31 odd years (54) Pharmaceutical Dog Trainer May 31 odd years (55) Pharmaceutical Manufacturer May 31 odd years (56) Pharmaceutical Researcher May 31 odd years (57) Pharmaceutical Teaching May 31 odd years Organization (58) Pharmaceutical Wholesaler/Distributor May 31 odd years (59) Pharmacist May 31 odd years (60) Pharmacy Technician May 31 odd years (61) Physical Therapist May 31 odd years (62) Physician Assistant May 31 even years (63) Physician and Surgeon January 31 even years (64) Plumber Apprentice, Journeyman, Residential Apprentice, Residential Journeyman July 31 even years (65) Podiatric Physician September 30 even years (66) Pre Need Funeral Arrangement Provider May 31 even years (67) Pre Need Funeral Arrangement Sales Agent May 31 even years (68) Private Probation Provider May 31 odd years (69) Professional Counselor September 30 even years (70) Professional Employer Organization September 30 every year (71) Professional Engineer May 31 even years (72) Professional Land Surveyor May 31 even years (73) Professional Structural May 31 even years Engineer (74) Psychologist September 30 even years (75) Radiology Practical May 31 odd years Technician (76) Radiology Technologist May 31 odd years (77) Recreational Therapy Technician, Specialist, Master Specialist May 31 odd years (78) Registered Nurse January 31 odd years (79) Respiratory Care September 30 even years Practitioner (80) Retail Pharmacy May 31 odd years (81) Security Personnel July 31 even years (83) Social Service Worker September 30 even years (84) Speech-Language Pathologist May 31 odd years (85) Veterinarian September 30 even years (86) Veterinary Pharmaceutical May 31 odd years Outlet
R156-1-308b Renewal Periods - Adjustment of Renewal Fees for an Extended or Shortened Renewal Period.
(1) Except as otherwise provided by statute or as required to establish or reestablish a renewal period, each renewal period shall be for a period of two years.
(2) The renewal fee for a renewal period which is extended or shortened by more than one month to establish or reestablish a renewal period shall increased or decreased proportionately.
R156-1-308c Renewal of Licensure Procedures.
The procedures for renewal of licensure shall be as follows:
(1) The division shall mail a renewal notice to each licensee at least 90 days prior to the expiration date shown on of the licensee's license.
(2) Renewal notices shall be sent by letter deposited in the post office with postage prepaid, addressed to the last address shown on the division's automated license system. Such mailing shall constitute legal notice. It shall be the duty and responsibility of each licensee to maintain a current address with the division.
(3) Renewal notices shall specify the renewal requirements and require that each licensee document or certify that the licensee meets the renewal requirements.
(4) Renewal notices shall specify a renewal application due date at least 60 days prior to the expiration date shown on the licensee's license in order to permit the renewal applications to be processed prior to the expiration of licensure in accordance with Subsection 58-1-308 (4).
(5) Renewal notices shall advise each licensee that a license that is not renewed prior to the expiration date shown on the license automatically expires and that any continued practice without a license constitutes a criminal offense under Subsection 58-1-501 (1)(a).
(6) Renewal notices shall further advise each licensee that if the licensee fails to return the renewal application to the division or its designee by the renewal application due date, the licensee's license may expire before it is renewed.
(7) Renewal notices shall specify the address or addresses to where the renewal applications should be submitted.
(8) When a renewal application contains multiple parts to be returned to separate addresses, the division shall facilitate proper submission by using, to the extent resources permit, color coded renewal applications with perforated sections and return envelopes.
(9) Licensees licensed during the last four months of a renewal cycle shall be licensed for a full renewal cycle plus the period of time remaining until the impending renewal date, rather than being required to immediately renew their license.
R156-1-308d Denial of Renewal of Licensure - Classification of Proceedings - Conditional Renewal During Pendency of Adjudicative Proceedings.
(1) Denial of renewal of licensure shall be classified as a formal adjudicative proceeding under Rule R156-46b.
(2) When a renewal application is denied and the applicant concerned requests a hearing to challenge the division's action as permitted by Subsection 63-46b-3 (3)(d)(ii), unless the requested hearing is convened and a final order is issued prior to the expiration date shown on the applicant's current license, the division shall conditionally renew the applicant's license during the pendency of the adjudicative proceeding as permitted by Subsection 58-1-106 (8).
R156-1-308e Reinstatement of Licensure which was Active and in Good Standing at the Time of Expiration of Licensure - Requirements.
The following requirements shall apply to reinstatement of licensure which was active and in good standing at the time of expiration of licensure:
(1) In accordance with Subsection 58-1-308 (5), if an application for reinstatement is received by the division between the date of the expiration of the license and 31 days after the date of the expiration of the license, the applicant shall:
(a) submit a completed renewal form as furnished by the division demonstrating compliance with requirements and/or conditions of license renewal; and
(b) pay the established license renewal fee and a late fee.
(2) In accordance with Subsection 58-1-308 (5), if an application for reinstatement is received by the division between 31 days after the expiration of the license and two years after the date of the expiration of the license, the applicant shall:
(a) submit a completed renewal form as furnished by the division demonstrating compliance with requirements and/or conditions of license renewal; and
(b) pay the established license renewal fee and reinstatement fee.
(3) In accordance with Subsection 58-1-308 (6)(a), if an application for reinstatement is received by the division more than two years after the date the license expired and the applicant has not been active in the licensed occupation or profession while in the full-time employ of the United States government or under license to practice that occupation or profession in any other state or territory of the United States during the time the license was expired, the applicant shall:
(a) submit an application for licensure complete with all supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets all current qualifications for licensure and compliance with requirements and/or conditions of license reinstatement;
(b) provide information requested by the division and board to clearly demonstrate the applicant is currently competent to engage in the occupation or profession for which reinstatement of licensure is requested;
(c) if the applicant has not been engaged in unauthorized practice of the applicant's occupation or profession following the expiration of the applicant's license, pay the established license fee for a new applicant for licensure and the reinstatement fee; and
(d) if the applicant has been engaged in unauthorized practice of the applicant's occupation or profession following the expiration of the applicant's license, pay the current license renewal fee multiplied by the number of renewal periods for which the license renewal fee has not been paid since the time of expiration of license, plus a reinstatement fee.
(4) In accordance with Subsection 58-1-308 (6)(b), if an application for reinstatement is received by the division more than two years after the date the license expired but the applicant has been active in the licensed occupation or profession while in the full-time employ of the United States government or under license to practice that occupation or profession in any other state or territory of the United States shall:
(a) submit documentation of prior licensure in the State of Utah;
(b) submit documentation that the applicant has been active in the licensed occupation or profession while in the full-time employ of the United States government or under license to practice that occupation or profession in any other state or territory of the United States;
(c) provide documentation that the applicant has completed or is in compliance with any renewal qualifications;
(d) provide information requested by the division and board to clearly demonstrate the applicant is currently competent to engage in the occupation or profession for which reinstatement of licensure is requested;
(e) pass a law and rules examination if such an examination has been adopted for the occupation or profession to which the application pertains; and
(f) pay the established license renewal fee and the reinstatement fee.
R156-1-308f Reinstatement of Restricted, Suspended, or Probationary Licensure During Term of Restriction, Suspension, or Probation - Requirements.
(1) Reinstatement of restricted, suspended, or probationary licensure during the term of limitation, suspension, or probation shall be in accordance with the disciplinary order which imposed the discipline.
(2) Unless otherwise specified in a disciplinary order imposing restriction, suspension, or probation of licensure, the disciplined licensee may, at reasonable intervals during the term of the disciplinary order, petition for reinstatement of licensure.
(3) Petitions for reinstatement of licensure during the term of a disciplinary order imposing restriction, suspension, or probation, shall be treated as a request to modify the terms of the disciplinary order, not as an application for licensure.
R156-1-308g Reinstatement of Restricted, Suspended, or Probationary Licensure After the Specified Term of Suspension of the License or After the Expiration of Licensure in a Restricted or Probationary Status - Requirements.
Unless otherwise provided by a disciplinary order, an applicant who applies for reinstatement of a license after the specified term of suspension of the license or after the expiration of the license in a restricted or probationary status shall:
(1) submit an application for licensure complete with all supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets all current qualifications for licensure and compliance with requirements and conditions of license reinstatement;
(2) pay the established license renewal fee and the reinstatement fee; and
(3) provide information requested by the division and board to clearly demonstrate the applicant is currently competent to be reinstated to engage in the occupation or profession for which the applicant was suspended, restricted, or placed on probation.
R156-1-308h Relicensure Following Revocation of Licensure - Requirements.
An applicant for relicensure following revocation of licensure shall:
(1) submit an application for licensure complete with all supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets all current qualifications for licensure and compliance with requirements and/or conditions of license reinstatement;
(2) pay the established license fee for a new applicant for licensure; and
(3) provide information requested by the division and board to clearly demonstrate the applicant is currently competent to be relicensed to engage in the occupation or profession for which the applicant was revoked.
R156-1-308i Relicensure Following Surrender of Licensure - Requirements.
The following requirements shall apply to relicensure applications following the surrender of licensure:
(1) An applicant who surrendered a license that was active and in good standing at the time it was surrendered shall meet the requirements for licensure listed in Section R156-1-308.
(2) An applicant who surrendered a license while the license was active but not in good standing as evidenced by the written agreement supporting the surrender of license shall:
(a) submit an application for licensure complete with all supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets all current qualifications for licensure and compliance with requirements and/or conditions of license reinstatement;
(b) pay the established license fee for a new applicant for licensure; and
(c) provide information requested by the division and board to clearly demonstrate the applicant is currently competent to be relicensed to engage in the occupation or profession for which the applicant was surrendered.
R156-1-404a Diversion Advisory Committees Created - Impaneling of Committees - Appointment of Members - Terms of Office - Vacancies in Office - Removal of Members - Quorum Requirement - Appointment of Chairman - Division to Provide Secretary - Compliance with Open and Public Meetings Act - Compliance with Utah Administrative Procedures Act - No Provision for Per Diem and Expenses.
(1) There is created diversion advisory committees of three members for each of the occupations or professions regulated under Title 58. The diversion committees are not required to be impaneled by the director until the need for the diversion committee arises.
(2) The term of office of each diversion committee member shall be for a period of three years; except that initial appointments to each diversion committee after adoption of these rules shall be staggered in that one appointment shall be one year, one appointment shall be for two years and one shall be for three years. Diversion committee members shall not be appointed to serve for more than two consecutive terms.
(3) No diversion committee member may serve more than two full terms, and no member who ceases to serve may again serve on the diversion committee until after the expiration of two years from the date of cessation of service.
(4) If a vacancy on a diversion committee occurs, the director shall appoint a replacement to fill the unexpired term in accordance with Section 58-1-404. After filling the unexpired term, the replacement may be appointed for only one additional full term.
(5) The director may remove a member for reasonable cause with the concurrence of the executive director. Reasonable cause includes failing or refusing to fulfill the responsibilities and duties of an advisory committee member, including the attendance at diversion committee meetings. After filling the unexpired term, the replacement may be appointed for only one additional full term.
(6) A chairman of each diversion committee shall be designated by the director from among the three members appointed to the diversion committee. That person shall be responsible for managing the work of the diversion committee in consultation with the director.
(7) Committees meetings shall only be convened following the referral of a licensee to the diversion committee.
(8) Unless otherwise approved by the division, diversion committee meetings shall be held in the building occupied by the division.
(9) A majority of the diversion committee members shall constitute a quorum and may act in behalf of the diversion committee.
(10) Diversion committees shall comply with the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures Act, in their adjudicative proceedings, if any.
(11) Diversion committee members shall perform their duties and responsibilities as public service and shall not receive a per diem allowance, or traveling or accommodations expenses incurred in diversion committees business, except as otherwise provided in Title 58 or Title R156.
R156-1-404b Diversion Committees Duties.
The duties of diversion committees shall include:
(1) reviewing the details of the charges against licensees referred to the diversion committee for possible diversion, interviewing the licensees, and recommending to the director whether the licensees meet the qualifications for diversion and if so whether the licensees should be considered for diversion;
(2) recommending to the director terms and conditions to be included in diversion agreements;
(3) supervising compliance with all terms and conditions of diversion agreements;
(4) advising the director at the conclusion of a licensee's diversion program whether the licensee has completed the terms of the licensee's diversion agreement; and
(5) establishing and maintaining continuing quality review of the programs of professional associations and/or private organizations to which licensees approved for diversion may enroll for the purpose of education, rehabilitation or any other purpose agreed to in the terms of a diversion agreement.
R156-1-404c Diversion - Eligible Offenses.
In accordance with Subsection 58-1-404 (4), the unprofessional conduct which may be subject to diversion is set forth in Subsections 58-1-501 (2)(e) and (f).
R156-1-404d Diversion - Procedures.
(1) Diversion committees shall complete the duties described in Subsections R156-1-404b(1) and (2) no later than 60 days following the referral of a licensee to the diversion committee for possible diversion.
(2) The director shall accept or reject the diversion committee's recommendation no later than 30 days following receipt of the recommendation.
(3) If the director finds that a licensee meets the qualifications for diversion and should be diverted, the division shall prepare and serve upon the licensee a proposed diversion agreement. The licensee shall have a period of time determined by the diversion committee not to exceed 30 days from the service of the proposed diversion agreement to negotiate a final diversion agreement with the director. The final diversion agreement shall comply with Subsections 58-1-404 (6) through (7).
(4) If a final diversion agreement is not reached with the director within 30 days from service of the proposed diversion agreement, the division shall pursue appropriate disciplinary action against the licensee in accordance with Section 58-1-108.
(5) The legal consequences of diversion are as described in Subsections 58-1-404 (8) through (10).
(6) Reporting or release of information shall be in compliance with Subsection 58-1-404 (9).
(7) In accordance with Subsection 58-1-404 (5), a licensee may be represented, at the licensee's discretion and expense, by legal counsel during negotiations for diversion, at the time of execution of the diversion agreement and at any hearing before the director relating to a diversion program.
R156-1-404e Diversion - Agreements for Rehabilitation, Education or Other Similar Services or Coordination of Services.
(1) The division may enter into agreements with professional or occupational organizations or associations, education institutions or organizations, testing agencies, health care facilities, health care practitioners, government agencies or other persons or organizations for the purpose of providing rehabilitation, education or any other services necessary to facilitate an effective completion of a diversion program for a licensee.
(2) The division may enter into agreements with impaired person programs to coordinate efforts in rehabilitating and educating impaired professionals.
(3) Agreements shall be in writing and shall set forth terms and conditions necessary to permit each party to properly fulfill its duties and obligations thereunder. Agreements shall address the circumstances and conditions under which information concerning the impaired licensee will be shared with the division.
(4) The cost of administering agreements and providing the services thereunder shall be borne by the licensee benefiting from the services. Fees paid by the licensee shall be reasonable and shall be in proportion to the value of the service provided. Payments of fees shall be a condition of completing the program of diversion.
(5) In selecting parties with whom the division shall enter agreements under this section, the division shall ensure the parties are competent to provide the required services. The division may limit the number of parties providing a particular service within the limits or demands for the service to permit the responsible diversion committee to conduct quality review of the programs given the committee's limited resources.
R156-1-502 Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or profession while an investigation or inquiry into allegations of unprofessional or unlawful conduct is in progress or after a charging document has been filed against the applicant or licensee alleging unprofessional or unlawful conduct;
(2) practicing a regulated occupation or profession in, through, or with a limited liability company which has omitted the words "limited company," "limited liability company," or the abbreviation "L.C." or "L.L.C." in the commercial use of the name of the limited liability company;
(3) practicing a regulated occupation or profession in, through, or with a limited partnership which has omitted the words "limited partnership," "limited," or the abbreviation "L.P." or "Ltd." in the commercial use of the name of the limited partnership; or
(4) practicing a regulated occupation or profession in, through, or with a professional corporation which has omitted the words "professional corporation" or the abbreviation "P.C." in the commercial use of the name of the professional corporation.
R156-1-503 Reporting Disciplinary Action.
The division may report disciplinary action to other state or federal governmental entities, state and federal data banks, the media, or any other person who is entitled to such information under the Government Records Access and Management Act.
[Indexing]
KEY: diversion programs, licensing, occupational licensing
December 16, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-1-106
(1)
58-1-308
Notice of Continuation June 2, 1997
