No. 32722 (Amendment): R156-1-308a. Renewal Dates.

DAR File No.: 32722
Filed: 06/09/2009, 11:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to add renewal dates for new occupations/professions enacted by the 2009 Legislature in H.B. 173, H.B. 174, and S.B. 137. (DAR NOTE: H.B. 173 (2009) is found at Chapter 52, Laws of Utah 2009, and was effective 05/12/2009. H.B. 174 (2009) is found at Chapter 122, Laws of Utah 2009, and was effective 05/12/2009. S.B. 137 (2009) is found at Chapter 220, Laws of Utah 2009, and is effective 07/01/2009.)

Summary of the rule or change:

This amendment adds renewal dates for outfitter, hunting guide, physical therapist assistant, master plumber, residential master plumber, and vocational rehabilitation counselor.

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 $50 to print the rule and distribute it 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 newly licensed occupations/professions identified above and as a result, the proposed amendments do not apply to local governments.

small businesses and persons other than businesses:

The proposed amendments only apply to newly licensed occupations/professions identified above. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the changes to the statutes under H.B. 173, H.B. 174, and S.B. 137. The fiscal notes prepared by the Division in response to H.B. 173, H.B. 174, and S.B. 137 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing.

Compliance costs for affected persons:

The proposed amendments only apply to newly licensed occupations/professions identified above. Any cost or saving impact to affected persons brought about by this rule change comes as a result of the changes to the statutes under H.B. 173, H.B. 174, and S.B. 137. The fiscal notes prepared by the Division in response to H.B. 173, H.B. 174, and S.B. 137 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule amendment filing.

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

There is no anticipated fiscal impact to businesses with this rule filing, which establishes renewal dates as required by statute. 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 [e-mail]

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:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Thad LeVar, Deputy Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rule 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

(7)  Audiologist                         May 31       odd years

(8)  Barber                              September 30 odd years

(9)  Barber School                       September 30 odd years

(10)  Building Inspector                 November 30  odd years

(11)  Burglar Alarm Security             November 30  even years

(12)  C.P.A. Firm                        September 30 even years

(13)  Certified Court Reporter           May 31       even years

(14)  Certified Dietitian                September 30 even years

(15)  Certified Nurse Midwife            January 31   even years

(16)  Certified Public Accountant        September 30 even years

(17)  Certified Registered

      Nurse Anesthetist                  January 31   even years

(18)  Certified Social Worker            September 30 even years

(19)  Chiropractic Physician             May 31       even years

(20)  Clinical Social Worker             September 30 even years

(21)  Construction Trades Instructor     November 30  odd years

(22)  Contractor                         November 30  odd years

(23)  Controlled Substance

            Precursor Distributor        May 31       odd years

(24)  Controlled Substance

            Precursor Purchaser          May 31       odd years

(25)  Controlled Substance Handler       May 31       odd years

(26)  Cosmetologist/Barber               September 30 odd years

(27)  Cosmetology/Barber School          September 30 odd years

(28)  Deception Detection                November 30  even years

(29)  Dental Hygienist                   May 31       even years

(30)  Dentist                            May 31       even years

(31)  Direct-entry Midwife               September 30 odd years

(32)  Electrician

            Apprentice, Journeyman, Master,

            Residential Journeyman,

            Residential Master           November 30  even years

(33)  Electrologist                      September 30 odd years

(34)  Electrology School                 September 30 odd years

(35)  Environmental Health Scientist     May 31       odd years

(36)  Esthetician                        September 30 odd years

(37)  Esthetics School                   September 30 odd years

(38)  Factory Built Housing Dealer       September 30 even years

(39)  Funeral Service Director           May 31       even years

(40)  Funeral Service                    May 31       even years

            Establishment

(41)  Genetic Counselor                  September 30 even years

(42)  Health Facility                    May 31       odd years

            Administrator

(43)  Hearing Instrument                 September 30 even years

            Specialist

(44)  Landscape Architect                May 31       even years

(45)  Licensed Practical Nurse           January 31   even years

(46)  Licensed Substance Abuse           May 31       odd years

            Counselor

(47)  Marriage and Family                September 30 even years

            Therapist

(48)  Massage Apprentice,                May 31       odd years

            Therapist

(49)  Master Esthetician                 September 30 odd years

(50)  Medication Aide Certified          March 31     odd years

(51)  Nail Technologist                  September 30 odd years

(52)  Nail Technology School             September 30 odd years

(53)  Naturopath/Naturopathic            May 31       even years

            Physician

(54)  Occupational Therapist             May 31       odd years

(55)  Occupational Therapy               May 31       odd years

            Assistant

(56)  Optometrist                        September 30 even years

(57)  Osteopathic Physician and          May 31       even years

            Surgeon

(58)  Outfitter/Hunting Guide            May 31       even years

([58]59)  Pharmacy (Class A-B-C-D-E)     September 30 odd years

([59]60)  Pharmacist                     September 30 odd years

([60]61)  Pharmacy
Technician            September 30 odd years

([61]62)  Physical Therapist             May 31       odd years

(63)  Physical Therapist Assistant       May 31       odd years

([62]64)  Physician Assistant            May 31       even years

([63]65)  Physician and Surgeon          January 31   even years

([64]66)  Plumber

            Apprentice, Journeyman,

            Master, Residential Master,

[            Residential Apprentice,

]            Residential Journeyman      November 30  even years

([65]67)  Podiatric Physician            September 30 even years

([66]68)  Pre Need Funeral

            Arrangement Provider         May 31       even years

([67]69)  Pre Need Funeral Arrangement

            Sales Agent                  May 31       even years

([68]70)  Private Probation Provider     May 31       odd years

([69]71)  Professional Counselor         September 30 even years

([70]72)  Professional Engineer          March 31     odd years

([71]73)  Professional Geologist         March 31     odd years

([72]74)  Professional Land Surveyor     March 31     odd years

([73]75)  Professional Structural        March 31     odd years

            Engineer

([74]76)  Psychologist                   September 30 even years

([75]77)  Radiology Practical            May 31       odd years

            Technician

([76]78)  Radiology Technologist         May 31       odd years

([77]79)  Recreational Therapy

            Technician, Specialist,

            Master Specialist            May 31       odd years

([78]80)  Registered Nurse               January 31   odd years

([79]81)  Respiratory Care               September 30 even years

            Practitioner

([80]82)  Security Personnel             November 30  even years

([81]83)  Social Service Worker          September 30 even years

([82]84)  Speech-Language Pathologist    May 31       odd years

([83]85)  Veterinarian                   September 30 even years

(86)  Vocational Rehabilitation          March 31    annually

            Counselor

 

(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) 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.

(f) 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.

 

KEY: diversion programs, licensing, occupational licensing, supervision

Date of Enactment or Last Substantive Amendment: [February 24, ]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)