DAR File No. 38659

Commerce, Occupational and Professional Licensing

Rule R156-1

General Rule of the Division of Occupational and Professional Licensing

Notice of Proposed Rule

(Amendment)

DAR File No.: 38659
Filed: 07/01/2014 11:23:20 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to: 1) implement aspects of legislation enacted during the 2014 General Legislative Session that fit in the Division's umbrella chapter of rule as opposed to specific licensing acts, for the following bills: H.B. 277 Music Therapist Licensure Amendments, S.B. 47 Emergency Management Act Amendments, and S.B. 77 Pharmacy Practice Act Amendments; 2) clarify and expand the definition of the term "cancel" or "cancellation" in Subsection R156-1-102(3); 3) clarify that a violation of a diversion agreement is unprofessional conduct in Subsection R156-1-501(8); and (4) make technical corrections.

Summary of the rule or change:

In Subsection R156-1-102(3), the definition of "cancel" or "cancellation" is clarified and enlarged to address a license that was not issued to a licensee in error when issued, but subsequently the licensee fails to maintain the ongoing qualifications for licensure. A new Section R156-1-303 is added, Subsection R156-1-303(1) specifies the method of the filing required under Subsection 53-2a-1205(1) for an out-of-state business that conducts operations within the state for purposes of performing work or services related to a declared state disaster or emergency during the disaster period. Subsection R156-1-303(2) specifies that the regular licensure requirements apply after the declared state disaster or emergency is over, unless the person qualifies for and is issued a temporary license. Subsections R156-1-305(2)(r) through (w) respectively add dispensing medical practitioner and dispensing medical practitioner clinic pharmacy classifications to the classifications of licensure that may be placed on inactive status. Subsections R156-1-308a(1)(gg), (hh), and (eee) respectively establish dispensing medical practitioners, dispensing medical practitioner clinical pharmacy, and certified music therapist license classification renewal dates. Subsection R156-1-308a(2)(k) establishes that the pharmacy technician trainee license is issued for a period of two years and may be extended if the licensee presents satisfactory evidence to the Division and Board that reasonable progress is being made toward completing the requirements necessary for the next level of licensure. In Subsection R156-1-501(8), add as an additional definition of unprofessional conduct "violating any term, condition, or requirement contained in a 'diversion agreement' as defined in Subsection 58-1-404(6)(a)".

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-501(2)
• Section 58-1-308

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 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 amendments only apply to occupations and professions which are regulated by the Division. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to occupations and professions which are regulated by the Division. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business as the proposed amendments are not significant substantive changes and the majority of the proposed amendments are as a result of recently passed legislation.

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

The proposed amendments do not affect and will not impact other persons except for small cost or savings for dispensing medical practitioners and dispensing medical practitioner clinic pharmacies who put their licenses on inactive status. The inactive fee for all classification is $50. Dispensing medical practitioner applicants/licensees will pay the following fees: application fee of $110 and two-year renewal fee of $63. Dispensing medical practitioner clinic pharmacy applicants/licensees will pay the following fees: application fee of $200 and two-year renewal fee of $103. Certified Music Therapist applicants/licensees will pay the following fees: application fee of $70 and two-year renewal fee of $47. It should be noted that the required fees are as a result of new legislation in the bill numbers noted above and not as a result of these proposed rule amendments. The Division is not able to determine an aggregate cost amount since the Division does not know how many dispensing medical practitioners may want to place the licenses on an inactive status nor does the Division know how many dispensing medical practitioners and/or clinic pharmacies or certified music therapists may become licensed in those classifications.

Compliance costs for affected persons:

The proposed amendments do not affect and will not impact other persons except for small cost or savings for dispensing medical practitioners and dispensing medical practitioner clinic pharmacies who put their licenses on inactive status. The inactive fee for all classifications is $50. Dispensing medical practitioner applicants/licensees will pay the following fees: application fee of $110 and two-year renewal fee of $63. Dispensing medical practitioner clinic pharmacy applicants/licensees will pay the following fees: application fee of $200 and two-year renewal fee of $103. Certified Music Therapist applicants/licensees will pay the following fees: application fee of $70 and two-year renewal fee of $47. It should be noted that the required fees are as a result of new legislation in the bill numbers noted above and not as a result of these proposed rule amendments.

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

This filing responds to legislative action (H.B. 277, S.B. 47, and S.B. 77) taken in the 2014 General Legislative Session. The filing clarifies circumstances in which a professional license may be cancelled by the Division of Occupational and Professional Licensing; specifies the requirements attendant to professional practice during a declared disaster or emergency; expands the list of licensees that may be inactivated and that must be renewed; establishes circumstances in which the term of a pharmacy technician licensee may be extended; and establishes that violation of a diversion agreement constitutes unprofessional conduct. No fiscal impact to businesses is anticipated beyond that considered by the Legislature in determining to enact the statutory provision that triggered this filing.

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 [email protected]

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:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

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

R156-1-102. Definitions.

In addition to the definitions in Title 58, as used in Title 58 or this rule:

(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) "Aggravating circumstances" means any consideration or factors that may justify an increase in the severity of an action to be imposed upon an applicant or licensee. Aggravating circumstances include:

(a) prior record of disciplinary action, unlawful conduct, or unprofessional conduct;

(b) dishonest or selfish motive;

(c) pattern of misconduct;

(d) multiple offenses;

(e) obstruction of the disciplinary process by intentionally failing to comply with rules or orders of the Division;

(f) submission of false evidence, false statements or other deceptive practices during the disciplinary process including creating, destroying or altering records after an investigation has begun;

(g) refusal to acknowledge the wrongful nature of the misconduct involved, either to the client or to the Division;

(h) vulnerability of the victim;

(i) lack of good faith to make restitution or to rectify the consequences of the misconduct involved;

(j) illegal conduct, including the use of controlled substances; and

(k) intimidation or threats of withholding clients' records or other detrimental consequences if the client reports or testifies regarding the unprofessional or unlawful conduct.

(3) "Cancel" or "cancellation" means nondisciplinary action by the Division to rescind, repeal, annul, or void a license:

(a) issued to a licensee in error, such as where[. Such action includes rescinding] a license is issued to an applicant:

(i) whose payment of the required application fee is dishonored when presented for payment[,];

(ii) [or ]who has been issued a conditional license pending a criminal background check and the check cannot be completed due to the applicant's failure to resolve an outstanding warrant or to submit acceptable fingerprint cards;

(iii) who has been issued the wrong classification of licensure; or

(iv) due to any other error in issuing a license; or

(b) not issued erroneously, but where subsequently the licensee fails to maintain the ongoing qualifications for licensure, when such failure is not otherwise defined as unprofessional or unlawful conduct.

(4) "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.

(5) "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.

(6)(a) "Disciplinary action" means adverse licensure action by the Division under the authority of Subsections 58-1-401(2)(a) through (2)(b).

(b) "Disciplinary action", as used in Subsection 58-1-401(5), shall not be construed to mean an adverse licensure action taken in response to an application for licensure. Rather, as used in Subsection 58-1-401(5), it shall be construed to mean an adverse action initiated by the Division.

(7) "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.

(8) "Diversion committees" mean diversion advisory committees authorized by Subsection 58-1-404(2)(a)(i) and created under Subsection R156-1-404a.

(9) "Duplicate license" means a license reissued to replace a license which has been lost, stolen, or mutilated.

(10) "Emergency review committees" mean emergency adjudicative proceedings review committees created by the Division under the authority of Subsection 58-1-108(2).

(11) "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.

(12) "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.

(13) "Investigative subpoena authority" means, except as otherwise specified in writing by the director, the Division regulatory and compliance officer, or if the Division regulatory and compliance officer is unable to so serve for any reason, a Department administrative law judge, or if both the Division regulatory and compliance officer and a Department administrative law judge are unable to so serve for any reason, an alternate designated by the director in writing.

(14) "License" means a right or privilege to engage in the practice of a regulated occupation or profession as a licensee.

(15) "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.

(16) "Mitigating circumstances" means any consideration or factors that may justify a reduction in the severity of an action to be imposed upon an applicant or licensee.

(a) Mitigating circumstances include:

(i) absence of prior record of disciplinary action, unlawful conduct or unprofessional conduct;

(ii) personal, mental or emotional problems provided such problems have not posed a risk to the health, safety or welfare of the public or clients served such as drug or alcohol abuse while engaged in work situations or similar situations where the licensee or applicant should know that they should refrain from engaging in activities that may pose such a risk;

(iii) timely and good faith effort to make restitution or rectify the consequences of the misconduct involved;

(iv) full and free disclosure to the client or Division prior to the discovery of any misconduct;

(v) inexperience in the practice of the occupation and profession provided such inexperience is not the result of failure to obtain appropriate education or consultation that the applicant or licensee should have known they should obtain prior to beginning work on a particular matter;

(vi) imposition of other penalties or sanctions if the other penalties and sanctions have alleviated threats to the public health, safety, and welfare; and

(vii) remorse.

(b) The following factors may not be considered as mitigating circumstances:

(i) forced or compelled restitution;

(ii) withdrawal of complaint by client or other affected persons;

(iii) resignation prior to disciplinary proceedings;

(iv) failure of injured client to complain;

(v) complainant's recommendation as to sanction; and

(vi) in an informal disciplinary proceeding brought pursuant to Subsection 58-1-501(2)(c) or (d) or Subsections R156-1-501(1) through (5):

(A) argument that a prior proceeding was conducted unfairly, contrary to law, or in violation of due process or any other procedural safeguard;

(B) argument that a prior finding or sanction was contrary to the evidence or entered without due consideration of relevant evidence;

(C) argument that a respondent was not adequately represented by counsel in a prior proceeding; and

(D) argument or evidence that former statements of a respondent made in conjunction with a plea or settlement agreement are not, in fact, true.

(17) "Nondisciplinary action" means adverse licensure action by the Division under the authority of Subsections 58-1-401(1) or 58-1-401(2)(c) through (2)(d).

(18) "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(1)(f).

(19) "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.

(20) "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.

(21) "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.

(22) "Reinstate" or "reinstatement" means to activate an expired license or to restore a license which is restricted, as defined in Subsection (26)(b), or is suspended, or placed on probation, to a lesser restrictive license or an active in good standing license.

(23) "Relicense" or "relicensure" means to license an applicant who has previously been revoked or has previously surrendered a license.

(24) "Remove or modify restrictions" means to remove or modify restrictions, as defined in Subsection (25)(a), placed on a license issued to an applicant for licensure.

(25) "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.

(26) "Revoke" or "revocation" means disciplinary action by the Division extinguishing a license.

(27) "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.

(28) "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.

(29) "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.

(30) "Unprofessional conduct" as defined in Title 58 is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-1-502.

(31) "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.

 

R156-1-303. Temporary Licenses in Declared Disaster or Emergency.

(1) In accordance with Section 53-2a-1203, persons who provide services under this exemption from licensure, shall within 30 days file a notice with the Division as provided under Subsection 53-2a-1205(1) using forms posted on the Division internet site.

(2) In accordance with Section 53-2a-1205 and Subsection 58-1-303(1), a person who provides services under the exemption from licensure as provided in Section 53-2a-1203 for a declared disaster or emergency shall, after the disaster period ends and before continuing to provide services, meet all the normal requirements for occupational or professional licensure under this title, unless:

(a) prior to practicing after the declared disaster the person is issued a temporary license under the provisions of Subsection 58-1-303(1)(c); or

(b) the person qualifies under another exemption from licensure.

 

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) architect;

(c) audiologist;

(d) certified nurse midwife;

(e) certified public accountant emeritus;

(f) certified registered nurse anesthetist;

(g) certified court reporter;

(h) certified social worker;

(i) chiropractic physician;

(j) clinical mental health counselor;

(k) clinical social worker;

(l) contractor;

(m) deception detection examiner;

(n) deception detection intern;

(o) dental hygienist;

(p) dentist;

(q) direct-entry midwife;

(r) dispensing medical practitioner - advanced practice registered nurse;

(s) dispensing medical practitioner - physician and surgeon;

(t) dispensing medical practitioner - physician assistant;

(u) dispensing medical practitioner - osteopathic physician and surgeon;

(v) dispensing medical practitioner - optometrist;

(w) dispensing medical practitioner - clinic pharmacy;

([r]x) genetic counselor;

([s]y) health facility administrator;

([t]z) hearing instrument specialist;

([u]aa) landscape architect;

([v]bb) licensed advanced substance use disorder counselor;

([w]cc) marriage and family therapist;

([x]dd) naturopath/naturopathic physician;

([y]ee) optometrist;

([z]ff) osteopathic physician and surgeon;

([aa]gg) pharmacist;

([bb]hh) pharmacy technician;

([cc]ii) physical therapist;

([dd]jj) physician assistant;

([ee]kk) physician and surgeon;

([ff]ll) podiatric physician;

([gg]mm) private probation provider;

([hh]nn) professional engineer;

([ii]oo) professional land surveyor;

([jj]pp) professional structural engineer;

([kk]qq) psychologist;

([ll]rr) radiology practical technician;

([mm]ss) radiologic technologist;

([nn]tt) security personnel;

([oo]uu) speech-language pathologist;

([pp]vv) substance use disorder counselor; and

([qq]xx) 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 12 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.

(8) A Controlled Substance license may be placed on inactive status if attached to a primary license listed in Subsection R156-1-305(2) and the primary license is placed on inactive status.

 

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]a)  Acupuncturist                       May 31       even years
([2]b)  Advanced Practice Registered Nurse  January 31   even years
([3]c)  Advanced Practice Registered
      Nurse-CRNA                            January 31   even years
([4]d)  Architect                           May 31       even years
([5]e)  Athlete Agent                       September 30 even years
([6]f)  Athletic Trainer                    May 31       odd years
([7]g)  Audiologist                         May 31       odd years
([8]h)  Barber                              September 30 odd years
([9]i)  Barber School                       September 30 odd years
([10]j)  Building Inspector                  November 30  odd years
([11]k)  Burglar Alarm Security             March 31     odd years
([12]l)  C.P.A. Firm                        September 30 even years
([13]m)  Certified Court Reporter           May 31       even years
([14]n)  Certified Dietitian                September 30 even years
([15]o)  Certified Medical Language Interpreter March 31 odd years
([16]p)  Certified Nurse Midwife            January 31   even years
([17]q)  Certified Public Accountant        September 30 even years
([18]r)  Certified Social Worker            September 30 even years
([19]s)  Chiropractic Physician             May 31       even years
([20]t)  Clinical Mental Health Counselor   September 30 even years
([21]u)  Clinical Social Worker             September 30 even years
([22]v)  Construction Trades Instructor     November 30  odd years
([23]w)  Contractor                         November 30  odd years
([24]x)  Controlled Substance License       Attached to primary
                                           license renewal
([25]y)  Controlled Substance
            Precursor                       May 31       odd years
([26]z)  Controlled Substance Handler       September 30 odd years
([27]aa)  Cosmetologist/Barber               September 30 odd years
([28]bb)  Cosmetology/Barber School          September 30 odd years
([29]cc)  Deception Detection                November 30  even years
([30]dd)  Dental Hygienist                   May 31       even years
([31]ee)  Dentist                            May 31       even years
([32]ff)  Direct-entry Midwife               September 30 odd years

(gg)  Dispensing Medical Practitioner
        Advanced Practice Registered Nurse,
        Optometrist, Osteopathic Physician
        and Surgeon, Physician and Surgeon,
        Physician Assistant            
     September 30 odd years
(hh)  Dispensing Medical Practitioner
        Clinic Pharmacy                   
  September 30 odd years
([33]ii)  Electrician
            Apprentice, Journeyman, Master,
            Residential Journeyman,
            Residential Master               November 30  even years
([34]jj)  Electrologist                      September 30 odd years
([35]kk)  Electrology School                 September 30 odd years
([36]ll)  Elevator Mechanic                  November 30  even years
([37]mm)  Environmental Health Scientist     May 31       odd years
([38]nn)  Esthetician                        September 30 odd years
([39]oo)  Esthetics School                   September 30 odd years
([40]pp)  Factory Built Housing Dealer       September 30 even years
([41]qq)  Funeral Service Director           May 31       even years
([42]rr)  Funeral Service                    May 31       even years
            Establishment
([43]ss)  Genetic Counselor                  September 30 even years
([44]tt)  Health Facility                    May 31       odd years
            Administrator
([45]uu)  Hearing Instrument                 September 30 even years
            Specialist
([46]vv)  Internet Facilitator               September 30 odd years
([47]ww)  Landscape Architect                May 31       even years
([48]xx)  Licensed Advanced Substance
            Use Disorder Counselor           May 31       odd years
([49]yy)  Licensed Practical Nurse           January 31   even years
([50]zz)  Licensed Substance                 May 31       odd years
            Use Disorder Counselor
([51]aaa)  Marriage and Family               September 30 even years
            Therapist
([52]bbb)  Massage Apprentice,               May 31       odd years
            Therapist
([53]ccc)  Master Esthetician                September 30 odd years
([54]ddd)  Medication Aide Certified         March 31     odd years

(eee) Music Therapist                        March 31     odd years
([55]fff)  Nail Technologist                 September 30 odd years
([56]ggg)  Nail Technology School            September 30 odd years
([57]hhh)  Naturopath/Naturopathic           May 31       even years
            Physician
([58]iii)  Occupational Therapist            May 31       odd years
([59]jjj)  Occupational Therapy              May 31       odd years
            Assistant
([60]kkk)  Optometrist                       September 30 even years
([61]lll)  Osteopathic Physician and         May 31       even years
            Surgeon,
            Online Prescriber
([62]mmm)  Outfitter/Hunting Guide           May 31       even years
([63]nnn)  Pharmacy Class A-B-C-D-E,         September 30 odd years
            Online Contract Pharmacy
([64]ooo)  Pharmacist                        September 30 odd years
([65]ppp)  Pharmacy Technician               September 30 odd years
([66]qqq)  Physical Therapist                May 31       odd years
([67]rrr)  Physical Therapist Assistant      May 31       odd years
([68]sss)  Physician Assistant               May 31       even years
([69]ttt)  Physician and Surgeon,            January 31   even years
            Online Prescriber
([70]uuu)  Plumber
            Apprentice, Journeyman,
            Master, Residential Master,
            Residential Journeyman           November 30  even years
([71]vvv)  Podiatric Physician               September 30 even years
([72]www)  Pre Need Funeral Arrangement
            Sales Agent                      May 31       even years
([73]xxx)  Private Probation Provider        May 31       odd years
([74]yyy)  Professional Engineer             March 31     odd years
([75]zzz)  Professional Geologist            March 31     odd years
([76]aaaa)  Professional Land Surveyor       March 31     odd years
([77]bbbb)  Professional Structural          March 31     odd years
            Engineer
([78]cccc)  Psychologist                     September 30 even years
([79]dddd)  Radiologic Technologist,         May 31       odd years
          Radiology Practical Technician
              Radiologist Assistant
([80]eeee)  Recreational Therapy
            Therapeutic Recreation Technician,
            Therapeutic Recreation Specialist,
            Master Therapeutic
            Recreation Specialist            May 31       odd years
([81]ffff)  Registered Nurse                 January 31   odd years
([82]gggg)  Respiratory Care                 September 30 even years
            Practitioner
([83]hhhh)  Security Personnel               November 30  even years
([84]iiii)  Social Service Worker            September 30 even years
([85]jjjj)  Speech-Language Pathologist      May 31       odd years
([86]kkkk)  Veterinarian                     September 30 even years
([87]llll)  Vocational Rehabilitation Counselor  March 31    odd years

 

(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) Associate Clinical Mental Health Counselor 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.

(b) Associate Marriage and Family Therapist 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 Advanced Substance Use Disorder Counselor licenses shall be issued for a period of four years and may be extended if the licensee presents satisfactory evidence to the Division and Board that reasonable progress is being made toward completing the required hours of supervised experience necessary for the next level of licensure.

(d) Certified Advanced Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(e) Certified Substance Use Disorder Counselor licenses shall be issued for a period of two years and may be extended if the licensee presents satisfactory evidence to the Division and Board that reasonable progress is being made toward completing the required hours of supervised experience necessary for the next level of licensure.

(f) Certified Social Worker Intern licenses shall be issued for a period of six months or until the examination is passed whichever occurs first.

(g) Certified Substance Use Disorder Counselor Intern licenses shall be issued for a period of six months or until the examination is passed, whichever occurs first.

(h) Dental Educator licenses shall be issued for a two year renewable term, until the date of termination of employment with the dental school as an employee, or until the failure to maintain any of the requirements of Section 58-69-302.5, whichever occurs first.

(i) 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.

(j) 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.

(k) Pharmacy technician trainee licenses shall be issued for a period of two years and may be extended if the licensee presents satisfactory evidence to the Division and the Board that reasonable progress is being made toward completing the requirements necessary for the next level of licensure.

([k]l) 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.

([l]m) Type I Foreign Trained Physician-Educator licenses will be issued initially for a one-year term and thereafter renewed every two years following issuance.

([m]n) Type II Foreign Trained Physician-Educator licenses will be issued initially for an annual basis and thereafter renewed annually up to four times following issuance if the licensee continues to satisfy the requirements described in Subsection 58-67-302.7(3) and completes the required continuing education requirements established under Section 58-67-303.

 

R156-1-501. 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;

(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;

(5) using a DBA (doing business as name) which has not been properly registered with the Division of Corporations and with the Division of Occupational and Professional Licensing;

(6) failing, as a prescribing practitioner, to follow the "Model Policy for the Use of Controlled Substances for the Treatment of Pain", 2004, established by the Federation of State Medical Boards, which is hereby adopted and incorporated by reference;[ or]

(7) failing, as a prescribing practitioner, to follow the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain", July 2013, adopted by the Federation of State Medical Boards, which is incorporated by reference; or

(8) violating any term, condition, or requirement contained in a "diversion agreement", as defined in Subsection 58-1-404(6)(a).

 

KEY: diversion programs, licensing, supervision, evidentiary restrictions

Date of Enactment or Last Substantive Amendment: [January 21, ]2014

Notice of Continuation: January 5, 2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)