DAR File No. 28621

Commerce, Occupational and Professional Licensing

R156-1

General Rules of the Division of Occupational and Professional Licensing

NOTICE OF PROPOSED RULE

DAR File No.: 28621
Filed: 04/18/2006, 10:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to: 1) establish renewal dates for the athletic trainers and medication aide certified license classifications added by the 2006 Legislature in H.B. 74 and H.B. 137, respectively; 2) change the renewal date of construction trades instructor from July 31 of odd years to November 30 of odd years so it is consistent with other Construction Trades Licensing Act license classification renewal dates that were recently changed; and 3) permit conditional licensure to be issued to applicants for initial licensure. (DAR NOTE: H.B. 74 (2006) is found at Chapter 206, Laws of Utah 2006, and was effective 05/01/2006. H.B. 137 is found at Chapter 291, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

The change in Subsection R156-1-308a(6) establishes the renewal date for athletic trainers as May 31 of odd years; in Subsection R156-1-308a(19), changes the renewal date for construction trades instructors from July 31 of odd years to November 30 of odd years; and in Subsection R156-1-308a(48), establishes the renewal date for medication aides certified as March 31 of odd years. In Section R156-1-308f, additions are made to permit conditional licensure to be issued to an applicant for initial licensure who is selected for audit or is under investigation, pending the completion of the audit or investigation. The rule previously limited conditional licensure to applicants for renewal or reinstatement of licensure. The current procedural requirements and consequences of conditional licensure also apply to initial licensure and remain unchanged.

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 $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The proposed amendments: establish the renewal date for the new license classifications created by the 2006 Legislature; change the renewal date for construction trades instructors making it consistent with other changes recently made in renewal dates; and extend greater flexibility to the Division in responding to applicants for initial licensure who are selected for audit or are under investigation.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensees and potential licensees in regulated professions of the Division.

other persons:

Initial license application and renewal fees required for athletic trainers and mediation aides certified were included in the fiscal notes in H.B. 74 and H.B. 137, respectively. However, those fees are noted here for information only. The fees are: Athletic Trainer - initial license $70/renewal $47; and Medication Aide Certified - initial license $50/renewal $42. In H.B. 74, the Division estimated approximately 150-200 applicants would apply for licensure as an athletic trainer and in H.B. 137 the Division estimated approximately 30 applicants would apply for licensure as a medication aide certified. Licensed construction trades instructors will receive a several month extension of licensure at no cost as noted above. Applicants for initial licensure that receive a conditional license sooner than they would receive a regular license may experience some savings in that they can begin to practice their respective profession sooner. Potential employers of the applicant may also benefit. However, exact savings cannot be determined due to a wide range of circumstances.

Compliance costs for affected persons:

Initial license application and renewal fees required for athletic trainers and mediation aides certified were included in the fiscal notes in H.B. 74 and H.B. 137, respectively. However, those fees are noted here for information only. The fees are: Athletic Trainer - initial license $70/renewal $47; and Medication Aide Certified - initial license $50/renewal $42.

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

This rule filing establishes renewal dates for license classifications added during the 2006 General Session and permits conditional licensure for new license applicants while an audit or investigation of the applicant is pending. Other than a possible positive impact to applicants in obtaining conditional licensure prior to the completion of the audit or investigation, no fiscal impact to businesses is anticipated. 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:

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:

06/14/2006

This rule may become effective on:

06/15/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rules 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

([6]7)  Audiologist                        May 31       odd years

([7]8)  Building Inspector                 November 30  odd years

([8]9)  Burglar Alarm Security             November 30  even years

([9]10)  C.P.A. Firm                       September 30  even years

([10]11)  Certified Court Reporter         May 31       even years

([11]12)  Certified Dietitian              September 30 even years

([12]13)  Certified Nurse Midwife          January 31   even years

([13]14)  Certified Public Accountant      September 30 even years

([14]15)  Certified Registered

            Nurse Anesthetist                    January 31   even years

([15]16)  Certified Social Worker          September 30 even years

([16]17)  Chiropractic Physician           May 31       even years

([17]18)  Clinical Social Worker           September 30 even years

([18]19)  Construction Trades Instructor [July 31]November 30 odd years

([19]20)  Contractor                       November 30  odd years

([20]21)  Controlled Substance

            Precursor Distributor          May 31       odd years

([21]22)  Controlled Substance

            Precursor Purchaser            May 31       odd years

([22]23)  Controlled Substance Handler     May 31       odd years

([23]24)  Cosmetologist/Barber             September 30 odd years

([24]25)  Cosmetology/Barber School        September 30 odd years

([25]26)  Deception Detection              November 30  even years

([26]27)  Dental Hygienist                 May 31       even years

([27]28)  Dentist                          May 31       even years

([28]29)  Direct-entry Midwife             September 30 odd years

([29]30)  Electrician

            Apprentice, Journeyman, Master,

            Residential Journeyman,

            Residential Master             November 30  even years

([30]31)  Electrologist                    September 30 odd years

([31]32)  Electrology School               September 30 odd years

([32]33)  Environmental Health Scientist   May 31       odd years

([33]34)  Esthetician                      September 30 odd years

([34]35)  Esthetics School                 September 30 odd years

([35]36)  Factory Built Housing Dealer     September 30 even years

([36]37)  Funeral Service Director         May 31       even years

([37]38)  Funeral Service                  May 31       even years

            Establishment

([38]39)  Genetic Counselor                September 30 even years

([39]40)  Health Facility                  May 31       odd years

            Administrator

([40]41)  Hearing Instrument               September 30 even years

            Specialist

([41]42)  Landscape Architect              May 31       even years

([42]43)  Licensed Practical Nurse         January 31   even years

([43]44)  Licensed Substance Abuse         May 31       odd years

            Counselor

([44]45)  Marriage and Family              September 30 even years

            Therapist

([45]46)  Massage Apprentice,              May 31       odd years

            Therapist

([46]47)  Master Esthetician               September 30 odd years

(48)  Medication Aide Certified            March 31     odd years

([47]49)  Nail Technologist                September 30 odd years

([48]50)  Nail Technology School           September 30 odd years

([49]51)  Naturopath/Naturopathic          May 31       even years

            Physician

([50]52)  Occupational Therapist           May 31       odd years

([51]53)  Occupational Therapy             May 31       odd years

            Assistant

([52]54)  Optometrist                      September 30 even years

([53]55)  Osteopathic Physician and        May 31       even years

            Surgeon

([54]56)  Pharmacy (Class A-B-C-D-E)       September 30 odd years

([55]57)  Pharmacist                       September 30 odd years

([56]58)  Pharmacy Technician              September 30 odd years

([57]59)  Physical Therapist               May 31       odd years

([58]60)  Physician Assistant              May 31       even years

([59]61)  Physician and Surgeon            January 31   even years

([60]62)  Plumber

            Apprentice, Journeyman,

            Residential Apprentice,

            Residential Journeyman         November 30  even years

([61]63)  Podiatric Physician              September 30 even years

([62]64)  Pre Need Funeral

            Arrangement Provider           May 31       even years

([63]65)  Pre Need Funeral Arrangement

            Sales Agent                    May 31       even years

([64]66)  Private Probation Provider       May 31       odd years

([65]67)  Professional Counselor           September 30 even years

([66]68)  Professional Engineer            March 31     odd years

([67]69)  Professional Geologist           March 31     odd years

([68]70)  Professional Land Surveyor       March 31     odd years

([69]71)  Professional Structural          March 31     odd years

            Engineer

([70]72)  Psychologist                     September 30 even years

([71]73)  Radiology Practical              May 31       odd years

            Technician

([72]74)  Radiology Technologist           May 31       odd years

([73]75)  Recreational Therapy
            Technician, Specialist,

            Master Specialist              May 31       odd years

([74]76)  Registered Nurse                 January 31   odd years

([75]77)  Respiratory Care                 September 30 even years

            Practitioner

([76]78)  Security Personnel               November 30  even years

([77]79)  Social Service Worker            September 30 even years

([78]80)  Speech-Language Pathologist      May 31       odd years

([79]81)  Veterinarian                     September 30 even 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) 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) Professional Employer Organization registrations expire every year on September 30.

(f) 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.

(g) 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.

R156-1-308f. Denial of Renewal of Licensure - Classification of Proceedings - Conditional Renewal of Licensure During[or Reinstatement During Pendency of] Adjudicative Proceedings[,] - Conditional Initial, Renewal, or Reinstatement Licensure During Audit or Investigation.

(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(1)(h).

(3)(a) When an initial, renewal [applicant ]or [a ]reinstatement applicant under Subsections 58-1-301(2) through (3) or 58-1-308(5) or (6)(b) is selected for audit or is under investigation, the division may conditionally issue an initial license to an applicant for initial licensure, or renew or reinstate the license of an applicant pending the completion of the audit or investigation.

(b) The undetermined completion of a referenced audit or investigation rather than the established expiration date shall be indicated as the expiration date of a conditionally issued, renewed, or reinstated license.

(c) A conditional issuance, renewal, or reinstatement shall not constitute an adverse licensure action.

(d) Upon completion of the audit or investigation, the division shall notify the initial license, renewal, or reinstatement applicant whether the applicant's license is unconditionally issued, renewed, reinstated, denied, or partially denied or reinstated.

(e) A notice of unconditional denial or partial denial of licensure to an applicant [licensee who ]the division [determines may be ]conditionally licensed, renewed, or reinstated shall include the following:

(i) that the [licensee's]applicant's unconditional initial issuance, renewal, or reinstatement of licensure is denied or partially denied and the basis for such action;

(ii) the division's file or other reference number of the audit or investigation;

(iii) that the denial or partial denial of unconditional initial licensure, renewal, or reinstatement of licensure is subject to review and a description of how and when such review may be requested;

(iv) that the [licensee's]applicant's conditional license automatically will or did expire on the expiration date shown on the conditional license, and that the [license]applicant will not be issued, renewed, or reinstated unless or until the applicant timely requests review; and

(v) that if the [licensee]applicant timely requests review, the [licensee's]applicant's conditionally issued, renewed, or reinstated license does not expire until an order is issued unconditionally issuing, renewing, reinstating, denying, or partially denying the initial issuance, renewal, or reinstatement of the [licensee's]applicant's license.

KEY: diversion programs, licensing, occupational licensing

Date of Enactment or Last Substantive Amendment: [November 15, 2005]2006

Notice of Continuation: May 2, 2002

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.