Commerce, Occupational and Professional Licensing

Section R156-1-305

Inactive Licensure

Notice of Proposed Rule

(Amendment)

DAR File No.: 33067
Filed: 10/20/2009 10:15:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Professional Engineers and Professional Land Surveyors Licensing Act Rule (R156-22) has provided for sometime an inactive license status for professional engineers, professional land surveyors, and professional structural engineers. However, these professions were inadvertently not included in this rule section.

Summary of the rule or change:

The professions of professional engineer, professional land surveyor, and professional structural engineer are being added to the listing of licenses that may be placed on inactive status.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-501(4)
• Subsection 58-1-106(1)(a)
• Section 58-1-308

Anticipated cost or savings to:

the state budget:

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

local governments:

The proposed amendment only applies to licensed professional engineers, professional land surveyors, and professional structural engineers and applicants for licensure in those classifications. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendment only applies to licensed professional engineers, professional land surveyors, and professional structural engineers and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment only applies to licensed professional engineers, professional land surveyors, and professional structural engineers and applicants for licensure in those classifications. As provided in Rule R156-22, licensed individuals who place their license on an inactive status will not be required, except for the two years prior to reinstating their license, to complete the continuing education requirement. Allowing licensees to place their license on inactive status could have an unknown financial benefit to those individuals who are licensed in multiple states. The average amount of savings for each two-year renewal period would be approximately $1,200 for a licensed engineer and approximately $600 for a licensed land surveyor. The Division is unable to determine how many licensees will choose to place their license on inactive status.

Compliance costs for affected persons:

The proposed amendment only applies to licensed professional engineers, professional land surveyors, and professional structural engineers and applicants for licensure in those classifications. As provided in Rule R156-22, licensed individuals who place their license on an inactive status will not be required, except for the two years prior to reinstating their license, to complete the continuing education requirement. Allowing licensees to place their license on inactive status could have an unknown financial benefit to those individuals who are licensed in multiple states. The average amount of savings for each two-year renewal period would be approximately $1,200 for a licensed engineer and approximately $600 for a licensed land surveyor. The Division is unable to determine how many licensees will choose to place their license on inactive status.

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

This rule filing includes professional engineers, professional land surveyors, and professional structural engineers as license categories for which inactive licenses are available. These professions were inadvertently left out of the rule previously. No fiscal impact to businesses is anticipated from correcting this error.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at dmeservy@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:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

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

R156-1-305. Inactive Licensure.

(1) In accordance with Section 58-1-305, except as provided in Subsection (2), a licensee may not apply for inactive licensure status.

(2) The following licenses issued under Title 58 that are active in good standing may be placed on inactive licensure status:

(a) advanced practice registered nurse;

(b) audiologist;

(c) certified nurse midwife;

(d) certified public accountant emeritus;

(e) certified registered nurse anesthetist;

(f) certified court reporter;

(g) certified social worker;

(h) chiropractic physician;

(i) clinical social worker;

(j) contractor;

(k) deception detection examiner;

(l) deception detection intern;

(m) dental hygienist;

(n) dentist;

(o) direct-entry midwife;

(p) genetic counselor;

(q) health facility administrator;

(r) hearing instrument specialist;

(s) licensed substance abuse counselor;

(t) marriage and family therapist;

(u) naturopath/naturopathic physician;

(v) optometrist;

(w) osteopathic physician and surgeon;

(x) pharmacist;

(y) pharmacy technician;

(z) physician assistant;

(aa) physician and surgeon;

(bb) podiatric physician;

(cc) private probation provider;

(dd) professional counselor;

(ee) professional engineer;

(ff) professional land surveyor;

(gg) professional structural engineer;

([ee] hh) psychologist;

([ff] ii) radiology practical technician;

([gg] jj) radiology technologist;

([hh] kk) security personnel;

([ii] ll) speech-language pathologist; and

([jj] mm) veterinarian.

(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.

(7) An inactive licensee whose license is activated during the last four months of a renewal cycle shall, upon payment of the appropriate fees, 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 activated license.

 

KEY: diversion programs, licensing, occupational licensing, supervision

Date of Enactment or Last Substantive Amendment: [August 10, ]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)