Utah Department of Administrative Services Division of Administrative Rules

File No. 34073

This rule was published in the October 1, 2010, issue (Vol. 2010, No. 19) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Section R156-1-305

Inactive Licensure

Notice of Proposed Rule

(Amendment)

DAR File No.: 34073
Filed: 09/13/2010 06:13:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division determined a change needs to be made as the result of a related rule change being made to Rule R156-3a, the Architects Licensing Act Rule, with respect to architects being able to apply for inactive licensure status. (DAR NOTE: the proposed amendment to Rule R156-3a is under DAR No. 34072 in this issue, October 1, 2010, of the Bulletin.)

Summary of the rule or change:

The license classification of architect is being added to the listing of professions that can apply for inactive licensure.

State statutory or constitutional authorization for this rule:

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

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 amendments only apply to licensed architects. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed architects. 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 architects. The Division does not anticipate any costs or savings as a result of the proposed amendment to this rule. However, refer to related rule filing to Rule R156-3a for costs and savings affecting licensed architects.

Compliance costs for affected persons:

The proposed amendment only applies to licensed architects. The Division does not anticipate any costs or savings as a result of the proposed amendment to this rule. However, refer to related rule filing to Rule R156-3a for costs and savings affecting licensed architects.

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

This proposed rule filing adds architects to a list of professional licensees who may place their license on inactive status. It will result in a cost savings to licensees who are licensed in multiple states in that they won't be required to take continuing education courses except for the two years prior to reactivation. No other 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:

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
  • Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@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:

11/01/2010

This rule may become effective on:

11/08/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

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) architect;

([b]c) audiologist;

([c]d) certified nurse midwife;

([d]e) certified public accountant emeritus;

([e]f) certified registered nurse anesthetist;

([f]g) certified court reporter;

([g]h) certified social worker;

([h]i) chiropractic physician;

([i]j) clinical social worker;

([j]k) contractor;

([k]l) deception detection examiner;

([l]m) deception detection intern;

([m]n) dental hygienist;

([n]o) dentist;

([o]p) direct-entry midwife;

([p]q) genetic counselor;

([q]r) health facility administrator;

([r]s) hearing instrument specialist;

([s]t) licensed substance abuse counselor;

([t]u) marriage and family therapist;

([u]v) naturopath/naturopathic physician;

([v]w) optometrist;

([w]x) osteopathic physician and surgeon;

([x]y) pharmacist;

([y]z) pharmacy technician;

([z]aa) physician assistant;

([aa]bb) physician and surgeon;

([bb]cc) podiatric physician;

([cc]dd) private probation provider;

([dd]ee) professional counselor;

([ee]ff) professional engineer;

([ff]gg) professional land surveyor;

([gg]hh) professional structural engineer;

([hh]ii) psychologist;

([ii]jj) radiology practical technician;

([jj]kk) radiology technologist;

([kk]ll) security personnel;

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

([mm]nn) 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.

(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.

 

KEY: diversion programs, licensing, occupational licensing, supervision

Date of Enactment or Last Substantive Amendment: [July 8, ]2010

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 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; Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov.