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DAR File No. 32722

This filing was published in the 07/01/2009, issue, Vol. 2009, No. 13, of the Utah State Bulletin.

Commerce, Occupational and Professional Licensing

R156-1-308a

Renewal Dates

NOTICE OF PROPOSED RULE

DAR File No.: 32722
Filed: 06/09/2009, 11:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to add renewal dates for new occupations/professions enacted by the 2009 Legislature in H.B. 173, H.B. 174, and S.B. 137. (DAR NOTE: H.B. 173 (2009) is found at Chapter 52, Laws of Utah 2009, and was effective 05/12/2009. H.B. 174 (2009) is found at Chapter 122, Laws of Utah 2009, and was effective 05/12/2009. S.B. 137 (2009) is found at Chapter 220, Laws of Utah 2009, and is effective 07/01/2009.)

Summary of the rule or change:

This amendment adds renewal dates for outfitter, hunting guide, physical therapist assistant, master plumber, residential master plumber, and vocational rehabilitation counselor.

State statutory or constitutional authorization for this rule:

Section 58-1-308 and Subsections 58-1-106(1)(a) and 58-1-501(4)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to newly licensed occupations/professions identified above and as a result, the proposed amendments do not apply to local governments.

small businesses and persons other than businesses:

The proposed amendments only apply to newly licensed occupations/professions identified above. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the changes to the statutes under H.B. 173, H.B. 174, and S.B. 137. The fiscal notes prepared by the Division in response to H.B. 173, H.B. 174, and S.B. 137 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing.

Compliance costs for affected persons:

The proposed amendments only apply to newly licensed occupations/professions identified above. Any cost or saving impact to affected persons brought about by this rule change comes as a result of the changes to the statutes under H.B. 173, H.B. 174, and S.B. 137. The fiscal notes prepared by the Division in response to H.B. 173, H.B. 174, and S.B. 137 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact to businesses with this rule filing, which establishes renewal dates as required by statute. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Thad LeVar, Deputy Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rule of the Division of Occupational and Professional Licensing.

R156-1-308a. Renewal Dates.

(1) The following standard two-year renewal cycle renewal dates are established by license classification in accordance with the Subsection 58-1-308(1):

 

TABLE
RENEWAL DATES


(1) Acupuncturist May 31 even years
(2) Advanced Practice Registered Nurse January 31 even years
(3) Alternate Dispute Resolution Provdr September 30 even years
(4) Architect May 31 even years
(5) Athlete Agent September 30 even years
(6) Athletic Trainer May 31 odd years
(7) Audiologist May 31 odd years
(8) Barber September 30 odd years
(9) Barber School September 30 odd years
(10) Building Inspector November 30 odd years
(11) Burglar Alarm Security November 30 even years
(12) C.P.A. Firm September 30 even years
(13) Certified Court 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 November 30 odd years
(22) Contractor November 30 odd years
(23) Controlled Substance
Precursor Distributor May 31 odd years
(24) Controlled Substance
Precursor Purchaser May 31 odd years
(25) Controlled Substance Handler May 31 odd years
(26) Cosmetologist/Barber September 30 odd years
(27) Cosmetology/Barber School September 30 odd years
(28) Deception Detection November 30 even years
(29) Dental Hygienist May 31 even years
(30) Dentist May 31 even years
(31) Direct-entry Midwife September 30 odd years
(32) Electrician
Apprentice, Journeyman, Master,
Residential Journeyman,
Residential Master November 30 even years
(33) Electrologist September 30 odd years
(34) Electrology School September 30 odd years
(35) Environmental Health Scientist May 31 odd years
(36) Esthetician September 30 odd years
(37) Esthetics School September 30 odd years
(38) Factory Built Housing Dealer September 30 even years
(39) Funeral Service Director May 31 even years
(40) Funeral Service May 31 even years
Establishment
(41) Genetic Counselor September 30 even years
(42) Health Facility May 31 odd years
Administrator
(43) Hearing Instrument September 30 even years
Specialist
(44) Landscape Architect May 31 even years
(45) Licensed Practical Nurse January 31 even years
(46) Licensed Substance Abuse May 31 odd years
Counselor
(47) Marriage and Family September 30 even years
Therapist
(48) Massage Apprentice, May 31 odd years
Therapist
(49) Master Esthetician September 30 odd years
(50) Medication Aide Certified March 31 odd years
(51) Nail Technologist September 30 odd years
(52) Nail Technology School September 30 odd years
(53) Naturopath/Naturopathic May 31 even years
Physician
(54) Occupational Therapist May 31 odd years
(55) Occupational Therapy May 31 odd years
Assistant
(56) Optometrist September 30 even years
(57) Osteopathic Physician and May 31 even years
Surgeon
(58) Outfitter/Hunting Guide May 31 even years

([58]59) Pharmacy (Class A-B-C-D-E) September 30 odd years
([59]60) Pharmacist September 30 odd years
([60]61) Pharmacy Technician September 30 odd years
([61]62) Physical Therapist May 31 odd years
(63) Physical Therapist Assistant May 31 odd years

([62]64) Physician Assistant May 31 even years
([63]65) Physician and Surgeon January 31 even years
([64]66) Plumber
Apprentice, Journeyman,
Master, Residential Master,

[ Residential Apprentice,
] Residential Journeyman November 30 even years
([65]67) Podiatric Physician September 30 even years
([66]68) Pre Need Funeral
Arrangement Provider May 31 even years
([67]69) Pre Need Funeral Arrangement
Sales Agent May 31 even years
([68]70) Private Probation Provider May 31 odd years
([69]71) Professional Counselor September 30 even years
([70]72) Professional Engineer March 31 odd years
([71]73) Professional Geologist March 31 odd years
([72]74) Professional Land Surveyor March 31 odd years
([73]75) Professional Structural March 31 odd years
Engineer
([74]76) Psychologist September 30 even years
([75]77) Radiology Practical May 31 odd years
Technician
([76]78) Radiology Technologist May 31 odd years
([77]79) Recreational Therapy
Technician, Specialist,
Master Specialist May 31 odd years
([78]80) Registered Nurse January 31 odd years
([79]81) Respiratory Care September 30 even years
Practitioner
([80]82) Security Personnel November 30 even years
([81]83) Social Service Worker September 30 even years
([82]84) Speech-Language Pathologist May 31 odd years
([83]85) Veterinarian September 30 even years
(86) Vocational Rehabilitation March 31 annually
Counselor

 

(2) The following non-standard renewal terms and renewal or extension cycles are established by license classification in accordance with Subsection 58-1-308(1) and in accordance with specific requirements of the license:

(a) Certified Marriage and Family Intern licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(b) Certified Professional Counselor Intern licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(c) Certified Social Worker Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first. An intern license may be extended if the licensee presents satisfactory evidence to the Division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(d) Funeral Service Apprentice licenses shall be issued for a two year term and may be extended for an additional two year term if the licensee presents satisfactory evidence to the division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure.

(e) Psychology Resident licenses shall be issued for a two year term and may be extended if the licensee presents satisfactory evidence to the division and the board that reasonable progress is being made toward passing the qualifying examinations or is otherwise on a course reasonably expected to lead to licensure; but the period of the extension may not exceed two years past the date the minimum supervised experience requirement has been completed.

(f) Hearing Instrument Intern licenses shall be issued for a three year term and may be extended if the licensee presents satisfactory evidence to the Division and the Board that reasonable progress is being made toward passing the qualifying examination, but a circumstance arose beyond the control of the licensee, to prevent the completion of the examination process.

 

KEY: diversion programs, licensing, occupational licensing, supervision

Date of Enactment or Last Substantive Amendment: [February 24, ]2009

Notice of Continuation: March 1, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(4)

 

 

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  07/14/2009 7:23 PM