No. 28621 (Amendment): R156-1. General Rules of the Division of Occupational and Professional Licensing
DAR File No.: 28621
Filed: 04/18/2006, 10:20
Received by: NLRULE 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:
Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316Direct 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]2006Notice of Continuation: May 2, 2002
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(4)
Document Information
- Effective Date:
- 6/15/2006
- Publication Date:
- 05/15/2006
- Type:
- Special Notices
- Filed Date:
- 04/18/2006
- Agencies:
- Commerce,Occupational and Professional Licensing
- Rulemaking Authority:
Section 58-1-308 and Subsections 58-1-106(1)(a) and 58-1-501(4)
- Authorized By:
- J. Craig Jackson, Director
- DAR File No.:
- 28621
- Related Chapter/Rule NO.: (1)
- R156-1. General Rules of the Division of Occupational and Professional Licensing.