Utah Admin. Code R8 — Commerce

R151 Administration

R151-1 Department of Commerce General Provisions

Utah Admin. Code R151-1-1 Oaths to Investigators and to Members of Boards and Commissions

Each investigator employed by the Department of Commerce, and each board member and commission member working in conjunction with the department or its divisions, shall take the oath of office required by the Utah Constitution, Art. IV, Sec. 10. The oath of office may be administered by the following personnel within the department: department executive director and deputy director, division directors, administrative law judges, Commerce managers II, division assistant directors, and division bureau managers.

History

KEY: oath, board members, investigators, electronic meetings
Date of Last Change: August 12, 2024
Notice of Continuation: August 14, 2024
Authorizing, and Implemented or Interpreted Law: Art. IV, Sec. 10; 53-13-101(12); 13-1-6(1); 13-1-2(1)(b); 52-4-207

Utah Admin. Code R151-1-2 Electronic Meetings

In compliance with Section 52-4-207, the following shall apply to electronic meetings held by any "public body" as defined in Section 52-4-103:

(1) electronic meetings conducted by video, audio, or both video and audio, are not prohibited but may be limited by an agency director or designee based on budget, public policy, or logistic considerations;

(2)(a) an agency director or designee may establish an electronic meeting on the agency director or designee's initiative or after considering a request from any member of the public body;

(b)(i) a member's request for an electronic meeting shall be made as far in advance as possible, but not less than three business days before a meeting to allow for arrangements to be made for the electronic meeting;

(ii) the agency director or designee may shorten this time frame upon a determination of reasonable need;

(3)(a) whether a quorum of the public body is present shall be based on members participating in person and remotely;

(b) the presence of a quorum shall be established by roll call at the beginning of an electronic meeting and at any time during the meeting on the demand of any member;

(4)(a) the votes of the public body, including any roll call votes, shall be recorded in the minutes of the meeting; and

(b) the public body may take a vote by roll call if requested by any member at any time during a meeting.

(5) any number of separate connections for members of a public body is allowed for an electronic meeting, unless an agency director or designee limits the number of separate connections based on available equipment capability or other relevant and reasonable considerations;

(6) a meeting of a public body may be held electronically without an anchor location as provided in Subsection 52-4- 207(5).

History

KEY: oath, board members, investigators, electronic meetings
Date of Last Change: August 12, 2024
Notice of Continuation: August 14, 2024
Authorizing, and Implemented or Interpreted Law: Art. IV, Sec. 10; 53-13-101(12); 13-1-6(1); 13-1-2(1)(b); 52-4-207

R151-2 Government Records Access and Management Act Rule

Utah Admin. Code R151-2-1 Purpose and Authority

This rule is made pursuant to Section 63G-2-204, which allows agencies to specify where and to whom requests for access to records shall be directed; Subsection 63A-12-104 (2), which allows an agency to specify at which levels certain requirements shall be undertaken; and Section 63G-2-603, concerning requests to amend a record.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

Utah Admin. Code R151-2-2 Duties of Divisions within the Department

Each division shall comply with Section 63A-12-103 and shall appoint a records officer to perform, or to assist in performing, the following functions:

(1) the duties set forth in Section 63A-12-103; and

(2) responding to requests for access to division records.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

Utah Admin. Code R151-2-3 Requests for Access

(1) Waiver of Written Requests: Regardless of Subsection 63G-2-204 (1) requiring written requests for records, a division may at its discretion waive the requirement for a written request if the records requested are public, the records are readily accessible, and the request is filled promptly by allowing access or copying at the time the request is made.

(2) To whom directed: Requests for access to records shall be directed to the records officer of the particular division which the requester believes generated or possesses the records.

(3) Fees: A fee shall be charged for copies of records provided. That fee shall be established pursuant to Title 63J, Chapter 1, the Budgetary Procedures Act, and Subsection 63G-2-203 (1). Fees must be paid at the time of the request or before the records are provided to the requester.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

Utah Admin. Code R151-2-4 Forms

(1) A person requesting records may use a form or any written document containing the following information: the requester's name, address, telephone, organization, if any, a description of the records requested, and information regarding the requester's status, for records which are not public.

(2) The department or its divisions may use forms to respond to requests for records.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

Utah Admin. Code R151-2-5 Designation of Authorized Officers

(1) The determinations or weighing of interests permitted or required under the following sections by a "governmental entity" or the "head of a governmental entity" shall be made by the division director which has custody or control of the records, or his designee:

(a) Subsection 63G-2-201 (5) (b), which governs disclosure of certain private or protected records;

(b) Section 63G-2-309, which governs business confidentiality claims;

(d) Subsection 63G-2-201 (11) (a), which governs intellectual property rights.

(2) The "chief administrative officer of the governmental entity" for purposes of appeals under Sections 63G-2-401 and 63G-2-603 shall be the Executive Director of the Department of Commerce or the Executive Director's designee.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

Utah Admin. Code R151-2-6 Designation of Requests to Amend Record

Requests to amend a record under Section 63G-2-603 are hereby designated as informal proceedings.

History

KEY: government documents, freedom of information, public records
Date of Last Change: June 19, 2025
Notice of Continuation: November 17, 2025
Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63G-2-603; 63A-12-104(2)

R151-3 Americans with Disabilities Act Rule

Utah Admin. Code R151-3-1 Authority and Purpose

(1) This rule is adopted in accordance with Section 13-1-6 and Subsection 63G-3-201(3).

(2) As required by 28 CFR 35.107, the Utah Department of Commerce, as a public entity that employs more than 50 persons, adopts these procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act (ADA)

(3) This rule implements 28 CFR 35 and Title II of the ADA, which provide that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by the department, because of a disability.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-2 Definitions

(1) "ADA coordinator" means a division director.

(2) "Department" means the Department of Commerce, created by Section 13-1-2.

(3) "Designee" means an individual appointed by the executive director or by an ADA coordinator.

(4) "Director" means the head of the division affected by a complaint filed under this rule.

(5) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, the record of the impairment, or being regarded as having the impairment.

(6) "Executive Director" means the executive director of the department.

(7) "Major life activity" includes:

(a) caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working; and

(b) the operation of a major bodily function such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(8) "Qualified individual with a disability" means:

(a) an individual who meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the department; or

(b) an individual who, with or without reasonable accommodation, can perform the essential functions of an employment position that the individual holds or desires.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-3 Filing of Complaints

(1) A qualified individual with a disability may file a complaint alleging noncompliance with Title II of the ADA or the federal regulations promulgated under that title.

(2) A complaint under Subsection R151-3-3(1) shall be:

(a) filed with the ADA coordinator or a designee; and

(b) filed within 90 days after the date of the alleged noncompliance.

(3) A complaint shall be in writing and shall include:

(a) the complainant's name, phone number, mailing address and email address;

(b) a statement describing the nature and extent of the individual's disability;

(c) a statement describing the alleged discriminatory action in sufficient detail to inform the ADA coordinator or designee of the nature and date of the alleged violation, and the people involved;

(d) a statement describing the action and accommodation desired;

(e) the signature of the complainant or the complainant's legal representative;

(f) a copy of any letter, order or other documents relevant to the alleged discriminatory action; and

(g) the complainant's preferred method of communication, such as phone, email, letter, or relay service.

(4)(a) The ADA coordinator or designee may permit the filing of a complaint by personal interview or a tape recording of the complaint for an individual with a disability upon request.

(b) Upon receipt of a complaint by personal interview or tape recording, the ADA coordinator or designee shall transcribe or reduce the complaint to writing.

(5) By filing a complaint or a subsequent appeal, the complainant authorizes a confidential review of relevant information, including records classified as private or controlled under the Government Records Access and Management Act, Subsection 63G-2-302(1)(b) and Section 63G-2-304, and other relevant state or federal laws.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-4 Investigation of Complaints

(1) The ADA coordinator or designee shall investigate a complaint to the extent necessary to ensure relevant facts are collected and documented, including gathering information listed in Section R151-3-3 if the complainant has not provided the information.

(2) The ADA coordinator or designee may seek assistance from the Attorney General's staff and the department's human resource and budget staff in determining what action to take on the complaint.

(3) The ADA coordinator or designee shall consult with representatives from other state agencies affected by the decision, including the Governor's Office of Management and Budget, the Department of Human Resource Management, the

Division of Risk Management, the Division of Facilities Construction and Management, and the Office of the Attorney General before making any decision that would:

(a) involve an expenditure of funds beyond what may reasonably be accommodated within the applicable line item so that it would require a separate appropriation; or

(b) require facility modifications.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-5 Decision on Complaint

(1) Within 30 days after receiving the complaint, the ADA coordinator or designee shall issue a decision.

(2) The decision shall notify the complainant of the right to appeal under Section R151-3-6.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-6 Appeals

(1) Within 30 days after the issuance of the decision of the ADA coordinator or designee, a complainant may file an appeal with the executive director.

(2) The appeal shall be in writing and shall include:

(a) the complainant's name, phone number, mailing address and email address;

(b) a copy of the complaint filed with the ADA coordinator or designee;

(d) a statement describing in detail why the ADA coordinator or designee's decision was in error or does not effectively address the complainant's needs; and

(e) the signature of the complainant or the complainant's legal representative.

(3) The executive director may direct additional investigation as necessary, may request additional documentation, and may consult with representatives from other state agencies affected by the decision.

(4) The executive director may name a designee to assist with the appeal.

(5) Pursuant to Subsection 63G-4-102(2)(l), the Utah Administrative Procedures Act does not apply to this ADA complaint procedure.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-7 Record Classification

(1) Records created in administering this rule shall be classified under the Government Records Access and Management Act, Title 63G, Chapter 2.

(2) An ADA coordinator shall retain records relating to an ADA complaint for five years after completion of the complaint process, or if appealed to the executive director, for three years after the completion of the appeal process.

(3) The executive director shall retain the appeal records of an ADA complaint for five years after the appeal process is completed.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

Utah Admin. Code R151-3-8 Relationship to Other Laws

This rule does not prohibit or limit the use of remedies available to individuals under:

(1) the state Anti-Discrimination Complaint Procedures, Section 34A-5-107, and Title 57, Chapter 19a, State Officers and Employees Grievance Procedures;

(2) the federal ADA Complaint Procedures, 28 CFR 35.170 through 28 CFR 35.178; or

(3) any other Utah state or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: disabilities, complaints, grievances
Date of Last Change: November 21, 2022
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)

R151-4 Department of Commerce Administrative Procedures Act Rule

Utah Admin. Code R151-4-101 Title and Organization

This rule is:

(1) known as the "Department of Commerce Administrative Procedures Act Rule;" and

(2) organized into the following Parts:

(a) Part 1, General Provisions, including Sections R151-4-101 through R151-4-114;

(b) Part 2, Pleadings, including Sections R151-4-201 through R151-4-205;

(d) Part 4, Filing and Service, including Sections R151-4-401 through R151-4-402;

(e) Part 5, Discovery - Formal Proceedings, including Sections R151-4-501 through R151-4-516;

(f) Part 6, Depositions - Formal Proceedings, including Sections R151-4-601 through R151-4-611;

(g) Part 7, Hearings, including Sections R151-4-701 through R151-4-712;

(h) Part 8, Orders, including Sections R151-4-801 through R151-4-803; and

(i) Part 9, Agency Review and Judicial Review, including Sections R151-4-901 through R151-4-907.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-102 Definitions

In addition to the definitions in Title 63G, Chapter 4, Administrative Procedures Act, as used in this rule:

(1) "Agency head" means the commissioner of the department or the director of a division.

(2) "Applicant" means a person who submits an application.

(3) "Application" means a request for:

(a) licensure;

(b) certification;

(d) permit; or

(e) other right or authority granted by the department.

(4) "Department" means:

(a) the Utah Department of Commerce; or

(b) a division of the department.

(5) "Division" means a division of the department.

(6) "Electronic" means a:

(a) facsimile transmission; or

(b) PDF file attached to an email.

(7) "Intervenor" means a person permitted to intervene in an adjudicative proceeding before the department.

(8) "Motion" means a request for any action or relief in an adjudicative proceeding.

(9)(a) "Party in interest" means:

(i) a party;

(ii) a relative of a party; or

(iii) an individual with a financial interest in the outcome of the proceeding.

(b) "Party in interest" does not include:

(i) a party's counsel; or

(ii) an employee of a party's counsel.

(10) "Petition" means the charging document setting forth:

(a) statement of jurisdiction;

(b) statement of one or more allegations;

(d) request for relief.

(11) "Pleading" means the following:

(a) a notice of agency action or request for agency action;

(b) a request for agency review or agency reconsideration; and

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-103 Authority

The department adopts this rule under Subsection 63G-4-102(6) and Section 13-1-6 to govern adjudicative proceedings before the department.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-104 Supplementing Provisions

A division rule may supplement this rule unless expressly prohibited by this rule.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-105 Purpose and Scope

(1) The intent of this rule is to secure the just, speedy, and economical determination of issues presented in adjudicative proceedings before the department.

(2) In the event of a conflict between this rule and a statute, the statute governs.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-106 Utah Rules of Civil Procedure, Utah Rules of Evidence

(1) The Utah Rules of Civil Procedure and related case law are persuasive authority in this rule but may not, except as otherwise provided by Title 63G, Chapter 4, Administrative Procedures Act or by this rule, be controlling authority.

(2) The Utah Rules of Evidence are not binding except as to Article V Privileges and as further referenced in this rule.

(3) The Utah Rules of Evidence are persuasive authority in formal adjudicative proceedings.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-107 Computation of Time

(1) Periods of time in department proceedings shall:

(a) exclude the first day of the act, event, or default from which the time begins to run; and

(b) include the last day unless it is a Saturday, Sunday, or legal holiday; in that case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(2) When a period is less than seven days, Saturdays, Sundays, and legal holidays are excluded.

(3)(a)(i) Except for a request for agency review filing made under Subsection R151-4-901(1), when a period runs after the service of a document by mail, three days shall be added to the end of the prescribed period.

(ii) Except as provided in Subsection R151-4-107(1)(b), these three days include Saturdays, Sundays, and legal holidays.

(b) No additional time is provided if service is accomplished by electronic means.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-108 Timeliness of Administrative Proceedings

(1) In informal adjudicative proceedings, the presiding officer shall schedule the hearing date if any and conclude the proceeding not more than 180 days after the day:

(a) the notice of agency action is issued; or

(b) the initial decision as to a request for agency action is issued.

(2) In formal adjudicative proceedings, the presiding officer shall schedule the hearing date and conclude the hearing not more than 240 days after the day:

(a) the notice of agency action is issued; or

(b) the initial decision as to a request for agency action is issued.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-109 Extension of Time and Continuance of Hearing

(1) When ruling on a motion or request for extension of time or continuance of a proceeding, the presiding officer shall consider:

(a) whether there is good cause for granting the extension or continuance;

(b) the number of extensions or continuances the requesting party has already received;

(d) whether the extension or continuance will be prejudicial to the health, safety or welfare of the public; and

(e) whether the other party objects to the extension or continuance.

(2)(a) Except as provided in Subsections R151-4-109(2)(b) and R151-4-109(3), a ruling on a motion for an extension of a time period or a continuance of a hearing may not result in the informal hearing being concluded more than 240 days or the formal hearing being concluded more than 365 days after the day:

(i) the notice of agency action was issued; or

(ii) the initial decision as to a request for agency action was issued.

(b) An extension of a time period or a continuance may exceed the time restriction in Subsection R151-4-109(2)(a) if:

(i) the presiding officer finds that injustice would result from failing to grant the extension or continuance; and

(ii)(A) a party provides an affidavit or certificate signed by a licensed physician verifying that an illness of the party, the party's counsel, or a necessary witness precludes the presence of the party, the party's counsel, or a necessary witness at the hearing;

(B) counsel for a party withdraws shortly before the final hearing, unless the presiding officer finds the withdrawal was to delay the hearing; in that case the hearing will go forward with or without counsel;

(C) a parallel criminal proceeding or investigation exists based on facts at issue in the administrative proceeding; in that case the continuance shall address the expiration of the continuance upon the conclusion of the criminal proceeding; or

(D) the board or commission designated to act as the factfinder at hearing is unavailable to meet on a date that:

(I) allows the parties a reasonable period for discovery, motion practice, or hearing preparation; and

(II) falls within the 240 or 365-day deadline for resolution.

(3) A presiding officer may, without a motion from a party, extend a hearing beyond the time period in Subsection R151-4-109(2)(a) due to the unavailability of a board or commission, or a division director or designee.

(4) The failure to conclude a hearing within the required time period is not a basis for dismissal.

(5) The presiding officer may not grant an extension of time or continuance if a statute or rule does not authorize it.

(6) The factors in Subsection (1) do not apply to a request for agency review filing made under Subsection R151-4- 901(1)(a). Subsection R151-4-901(1)(d) governs a request for an extension to file a request for agency review.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-110 Representation of Parties

(1) A party may:

(a) be represented by counsel who is an active member of a state bar if counsel submits a written notice of appearance;

(b) represent oneself individually; or

(2) Counsel licensed by the bar of a state other than Utah shall submit a certificate of good standing from the relevant state bar.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-111 Review of Emergency Orders

Unless otherwise provided by statute or rule:

(1)(a) A division shall schedule a hearing to determine whether an emergency order should be affirmed, set aside, or modified based on the standards in Section 63G-4-502 if:

(i) the division has previously:

(A) commenced an emergency adjudicative proceeding in the matter; and

(B) issued an order under Section 63G-4-502 that results in a continued impairment of the affected party's rights or legal interests; and

(ii) the affected party timely submits a written request for a hearing no later than 10 days after the issuance of the emergency order.

(b) A presiding officer shall conduct a hearing under this section in conformity with the procedures of Section 63G-4- 206.

(2)(a) Upon request for a hearing under this section, the division shall conduct a hearing within 20 days from the receipt of a written request unless the division and the party requesting the hearing agree in writing to conduct the hearing at a later date.

(b) The division has the burden of proof to establish, by a preponderance of the evidence, that the requirements of Section 63G-4-502 have been met.

(3)(a) Except as otherwise provided by statute, the division director or designee shall select an individual or body of individuals to act as presiding officer at the hearing.

(b) An individual who directly participated in issuing the emergency order may not act as the presiding officer.

(4)(a) Within 15 days after the day the hearing to consider the emergency order concludes, the presiding officer shall issue an order under Section 63G-4-208.

(b) The order of the presiding officer is subject to agency review.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-112 Declaratory Orders

(1)(a) A petition for the issuance of a declaratory order under Section 63G-4-503 shall be filed with the agency head who has primary jurisdiction to enforce or implement the statute, rule, or order for which a declaratory order is sought.

(b) The petition shall:

(i) set forth:

(A) the question to be answered;

(B) the facts and circumstances related to the question;

(D) whether oral argument is sought in conjunction with the petition; and

(ii) comply with Part 2, Pleadings.

(2)(a) If the agency head issues a declaratory order without setting the matter for an adjudicative proceeding, the order shall be based on:

(i) a review of the petition;

(ii) oral argument, if any;

(iii) laws and rules applicable to the petition;

(iv) applicable records maintained by the department; and

(v) other relevant information reasonably available to the department.

(b) If the agency head sets the matter for an adjudicative proceeding, the department shall issue a notice of adjudicative proceeding under Subsection 63G-4-201(2)(a).

(3) The department may not issue a declaratory order in any of the following classes of circumstances:

(a) questions involving circumstances set forth in Subsection 63G-4-503(3)(a)(ii) or 63G-4-503(3)(b);

(b) questions that are not within the jurisdiction of the department;

(d) questions that can be addressed by informal advice;

(e) questions that are addressed by statute;

(f) questions that would be more properly addressed by statute or rule;

(g) questions that arise out of pending or anticipated litigation in a civil, criminal, or administrative forum; or

(h) questions that are irrelevant, insignificant, meaningless, or spurious.

(4) The recipient of a declaratory order may request agency review.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-113 Record of an Adjudicative Proceeding

The record of an adjudicative proceeding includes:

(1) each pleading, motion, brief, exhibit, and any other document filed by a party;

(2)(a) the recording of a proceeding;

(b) if a proceeding has been recorded by both a court reporter and a presiding officer under Section R151-4-711, the recording by the court reporter is the official record of the adjudicative proceeding;

(3) a transcript of a proceeding; and

(4) orders or other documents issued:

(a) by a presiding officer; or

(b) on agency review or reconsideration.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-114 Informal Adjudicative Proceedings in General and Prohibition of Discovery

(1) Any provision specific to a formal adjudicative proceeding is not mandatory for an informal adjudicative proceeding.

(2) By rule or order a division may apply a provision applicable to a formal adjudicative proceeding to an informal adjudicative proceeding, except that a division may not apply a provision relating to discovery, including depositions to an informal adjudicative proceeding.

(3) Discovery is prohibited in informal adjudicative proceedings, but the department or a division may issue subpoenas or other orders to compel production of evidence under Subsection 63G-4-203(1)(e).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-115 Designation of Presiding Officer

Under Subsection 63G-4-103(1)(h)(ii), in any phase of an adjudicative proceeding, the presiding officer may designate another individual to conduct any part of the proceeding.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-116 Burden of Proof

Unless otherwise provided by statute:

(1) the department has the burden of proof in a proceeding initiated by a notice of agency action; and

(2) the party who seeks action from the department has the burden of proof in a proceeding initiated by a request for agency action.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-201 Docket Number and Title

(1) The department shall assign a docket number to each notice of agency action and, if appropriate, to each request for agency action.

(2) At a minimum the docket number shall consist of:

(a) a letter code identifying where the matter originated, as follows:

(i) CORP-Corporations;

(ii) CP-Consumer Protection;

(iii) DOPL-Professional Licensing, including additional designations that the division may implement for the Utah Professionals Health Program, lien recovery fund, or other programs;

(iv) NAFA-New Automobile Franchise Act;

(v) PVFA-Powersport Vehicle Franchise Act;

(vi) RE-Real Estate; and

(vii) SD-Securities.

(b) a numerical code indicating the calendar year the matter arises; and

(c) another number indicating chronological position among notices of agency action or requests for agency action filed during the year.

(3) The department shall give each adjudicative proceeding a title in substantially the following form:

TABLE 1

BEFORE THE (DIVISION)

OF THE DEPARTMENT OF COMMERCE

OF THE STATE OF UTAH

In the Matter of (the application, petition, or license of John Doe)

(Notice of Agency Action)

(Request for Agency Action)

No. AA-2000-001

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-202 Content and Size of Pleadings and Motions and Limitation of Number of Pages

(1) A pleading or motion shall be double-spaced, typewritten, presented on standard 8 1/2 x 11 inch white paper, and contain:

(a) a clear and concise statement of the allegations or facts relied upon as the basis for the pleading or motion; and

(b) an appropriate request for relief when relief is sought.

(2) A motion to dismiss or motion for summary judgment may not exceed 25 pages, not counting any attachment, unless a longer motion is permitted by the presiding officer. Other motions may not exceed 15 pages, not counting the attachments, unless a longer motion is permitted by the presiding officer.

(3) If the motion is a motion to dismiss or motion for summary judgment, the memorandum opposing the motion may not exceed 25 pages, not counting the attachments, unless a longer memorandum is permitted by the presiding officer. Other opposing memoranda may not exceed 15 pages, not counting the attachments, unless a longer memorandum is permitted by the presiding officer.

(4) If the motion is a motion to dismiss or motion for summary judgment, the reply memorandum may not exceed 15 pages, not counting the attachments, unless a longer memorandum is permitted by the presiding officer. Other reply memoranda may not exceed 10 pages, not counting the attachments, unless a longer memorandum is permitted by the presiding officer.

(5) A memorandum supporting agency review under Section R151-4-904 may not exceed 30 pages not counting the attachments, unless a longer memorandum is permitted by the presiding officer assigned to the agency review.

(6) A response to a request for agency review and the memorandum supporting that response may not exceed 30 pages not counting the attachments, unless a longer memorandum is permitted by the presiding officer assigned to the agency review.

(7) A reply memorandum filed in an agency review may not exceed 15 pages not counting the attachments, unless a longer memorandum is permitted by the presiding officer assigned to the agency review.

(8) The presiding officer may permit a party to file an overlength motion or memorandum upon a showing of good cause. An overlength motion or memorandum shall include a table of contents and a table of authorities with page references. The presiding officer may rule on a motion for overlength motion or memorandum without waiting for a response. A motion for overlength motion or memorandum does not require a statement of facts and legal authorities beyond a concise statement of the relief requested.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-203 Signing of Pleadings and Motions

(1) Any pleading or motion shall be signed by the party or the party's representative and shall show the signer's address.

(2) The signature is a certification that:

(a) the signer has read the pleading or motion; and

(b) to the best of the signer's knowledge and belief, there are good grounds to support the pleading or motion.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-204 Amendments to Pleadings

(1)(a) A party may amend a pleading once as a matter of course at any time before a responsive pleading is served.

(b) A party that does not qualify to amend a pleading under Subsection (1)(a) may amend a pleading only by leave of the presiding officer or by written consent of the adverse party.

(2) A party shall respond to an amended pleading within the later of:

(a) the time remaining for response to the original pleading; or

(b) ten days after service of the amended pleading.

(3) Defects in a pleading that do not affect substantial rights of a party need not be amended and shall be disregarded.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-205 Response to a Notice of Agency Action

(1) A respondent in a formal adjudicative proceeding shall file a response to the notice of agency action.

(2)(a) A respondent in an informal adjudicative proceeding may file a response to a notice of agency action.

(b) The presiding officer may, by a written order, require a respondent in an informal adjudicative proceeding to submit a response.

(3) Unless a law or rule establishes a different date a response to a notice of agency action shall be filed within 30 days after the mailing date of the notice.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-301 General Provisions

(1) A party may file a motion that is relevant and timely.

(2) Each motion shall be filed in writing unless the necessity for a motion arises at a proceeding and could not have been anticipated before the proceeding.

(3) Subsection 63G-4-102(4)(b) may not be construed to prohibit a presiding officer from granting a timely motion to dismiss for:

(a) failure to prosecute;

(b) failure to comply with this rule, except when this rule expressly provides that a matter is not a basis for dismissal;

(d) other good cause basis.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-302 Motion to Dismiss

(1) A party wishing to file a motion to dismiss on any grounds described in Rules 12(b)(1) through 12(b)(7) of the Utah Rules of Civil Procedure, shall file the motion before filing a responsive pleading.

(2) In a case that is under agency review:

(a) a party may file a motion to dismiss for:

(i) failure to comply with a jurisdictional deadline;

(ii) failure to file a transcript; or

(iii) failure to file a required memorandum.

(b) A party may not file a motion to dismiss on an allegation or argument as to:

(i) the sufficiency of a pleading or a memorandum in support;

(ii) the sufficiency of the evidence; or

(iii) any other issue that requires substantive analysis.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-303 Memoranda and Affidavits

(1) The presiding officer shall permit and may require memoranda and affidavits in support of, or in response to, a motion.

(2) Unless otherwise governed by a scheduling order issued by the presiding officer:

(a) a party shall file memoranda or affidavits in support of a motion concurrently with the motion;

(b) memoranda or affidavits in response to a motion shall be filed no later than 14 days after service of the motion; and

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-304 Oral Argument

(1) The presiding officer may permit or require oral argument on a motion.

(2) The presiding officer shall schedule oral argument on a motion to take place no more than 10 days after the last day the party:

(a) who did not make the motion could have filed a response if that party does not file a response; or

(b) the party who made the motion:

(i) replies to the opposing party's response to the motion; or

(ii) could have replied to the opposing party's response to the motion.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-305 Ruling on a Motion

(1) The presiding officer shall verbally rule on a motion at the conclusion of oral argument when possible.

(2) When a presiding officer verbally rules on a motion, the presiding officer shall issue a written ruling within 30 days after the day the presiding officer makes the verbal ruling.

(3) If the presiding officer does not verbally rule on a motion at the conclusion of oral argument, the presiding officer shall issue a written ruling on the motion no more than 30 days after:

(a) oral argument; or

(b) if there is no oral argument, the final submission on the motion as outlined in Subsection R151-4-304(2).

(4) The failure of the presiding officer to comply with the requirements of Section R151-4-305:

(a) is not a basis for dismissal of the matter; and

(b) is not an automatic denial or grant of the motion.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-306 Recusal or Motion to Disqualify a Board or Commission Member

(1) A board or commission member may self recuse at any time from participation in an action before the board or commission, even if a party to the action has not requested the member's recusal or filed a motion to disqualify the member.

(2)(a) A party to an action before a board or commission may file a motion to disqualify a board or commission member. The motion shall be accompanied by a certificate that the motion is filed in good faith and shall be supported by an affidavit or unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to show bias, prejudice, or conflict of interest.

(b) The party shall file the motion after commencement of the action, but no later than 21 days after the last of the following:

(i) the date of service of the action or proceeding on the respondent;

(ii) the date the moving party knew or should have known of the grounds upon which the motion is based; or

(iii) if the last event occurs fewer than 21 days before a proceeding, the motion shall be filed as soon as practicable.

(c) No party may file more than one motion to disqualify in an action, unless the second or substitute motion is based on grounds that the party did not know of and could not have known at the time of the earlier motion.

(d) If timeliness of the motion is determined under Subsection (2)(b)(ii) or (2)(c), the affidavit or declaration supporting the motion shall state when and how the party came to know of the reason for disqualification.

(3) Within seven days of receipt of the motion by the presiding officer, the presiding officer shall provide a copy of the motion to the board or commission member who is the subject of the motion.

(4)(a) The decision on a motion to disqualify a board or commission member shall be made by the presiding officer, and a written decision is not necessary.

(b) The division or moving party may not subject the board or commission member to questioning or examination on the motion, but the presiding officer or the board or commission may question the member verbally or in writing before issuing a decision on the motion.

(5) A recused or disqualified board or commission member may not participate with fellow board or commission members in the action and is prohibited from voting on the action.

(6) A decision on a motion to disqualify a board or commission member is not subject to an interlocutory appeal or agency review.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-401 Filing

After the commencement of an adjudicative proceeding under Section 63G-4-201, filing by the parties shall be conducted as follows:

(1)(a) Any pleading or motion shall be filed with the department or division where the adjudicative proceeding is conducted and maintains the official file.

(b) Section R151-4-512 governs the filing of discovery documents.

(2)(a) A filing of a motion or a pleading that is not a request for agency review may be accomplished by:

(i) hand delivery of a paper copy;

(ii) first class or certified mail, postage prepaid, of a paper copy; or

(iii) attachment to electronic mail.

(b) A filing of a request for agency review may be accomplished by:

(i) hand delivery of a paper copy;

(ii) first class or certified mail, postage prepaid, of a paper copy; or

(iii) attachment to electronic mail, but only if, on the same day, the person filing the request for agency review also mails the document to the commissioner, as evidenced by a postmark.

(c)(i) A filing by hand delivery or first class or certified mail is complete when it is received and date stamped by the department or division, as applicable.

(ii) A filing by electronic mail is complete upon transmission, if:

(A) compliant with Subsection (1);

(B) completed and received by the department or a division, as applicable, no later than 11:59 p.m. Mountain Time on the date due; and

(d) The burden is on the party filing the document to ensure that a filing is properly completed.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-402 Service

After the commencement of an adjudicative proceeding under Section 63G-4-201, service by the parties shall be conducted as follows:

(1)(a) A pleading or motion filed by the parties shall be concurrently served on each party and any administrative law judge who is assigned to the case. Documents issued by the presiding officer shall be concurrently served on each party.

(b) The party who files a pleading or motion is responsible for service of the pleading or motion.

(2)(a) Service may be made:

(i) on a person upon whom a summons may be served under the Utah Rules of Civil Procedure; and

(ii) personally or on the agent of the person being served.

(b) If a party is represented by an attorney, service shall be made on the attorney.

(3)(a) Service may be accomplished by hand delivery of a paper copy, by mail of a paper copy to the last known address of the intended recipient, or by attachment to electronic mail.

(b) Service by hand delivery is complete upon delivery to:

(i) the person who is required to be served;

(ii) any individual who is employed by, and physically present at, the business office of the person who is required to be served; or

(iii) a mailbox or drop box that is:

(A) assigned to the person who is required to be served; and

(B) physically located at the person's place of business.

(d) Service by attachment to electronic mail is complete on transmission if transmission is completed no later than 11:59 p.m. Mountain Time on the date due.

(4) There shall appear on each document required to be served a certificate of service in substantially the following form:

TABLE 2

CERTIFICATE OF SERVICE

I certify that I have this day served the

foregoing document on the parties of record in this

proceeding set forth below (by delivering a copy in person)

(by mailing a copy, properly addressed by first class mail with postage prepaid, to) (by

electronic means to):

(Name of parties of record)

(Address)

Dated this (day) day of (month), (year).

(Signature)

(Name and Title)

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-501 Applicability

Sections R151-4-501 through R151-4-516 apply only to formal adjudicative proceedings.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-502 Scope of Discovery

(1) Parties may obtain discovery regarding a matter that:

(a) is not privileged;

(b) is relevant to the subject matter involved in the proceeding; and

(i)(A) of the party seeking discovery; or

(B) of another party;

(ii) that is set forth in a pleading; and

(iii) that is brought pursuant to a statement of fact, information, or belief.

(2)(a) Subject to Subsection R151-4-502(3) and Section R151-4-504, a party may obtain discovery of documents and tangible things otherwise discoverable under Subsection R151-4-502(1) and prepared in anticipation of litigation or for hearing by another party or for another party or by that party's representative or for that party's representative, including the party's attorney, consultant, insurer or other agent, only on a showing that the party seeking discovery:

(i) has substantial need of the materials in the preparation of the case; and

(ii) is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

(b) In ordering discovery of materials described in Subsection R151-4-502(2)(a), the presiding officer shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney of a party.

(3) Discovery of facts known and opinions held by experts, otherwise discoverable under Subsection R151-4-502(1) and acquired or developed in anticipation of litigation or for hearing, may be obtained only through the disclosures required by Section R151-4-504.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-503 Initial Disclosures

(1) In the scheduling order the presiding officer shall require each party to disclose in writing:

(a)(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information supporting the party's claims or defenses; and

(ii) a clear and concise summary of the topic addressed in the information maintained by each individual; and

(b)(i) a copy of each discoverable document, data compilation, and tangible thing that:

(A) is in the party's possession, custody, or control; and

(B) supports the party's claims or defenses; or

(ii)(A) a description, by category and location, of the tangible things identified in Subsection R151-4-503(1)(b)(i); and

(B) reasonable access.

(2) Initial disclosures do not require disclosure of:

(a) expert testimony as governed by Section R151-4-504; or

(b) information regarding persons or things intended to be used solely for impeachment.

(3)(a) Each party shall make the initial disclosures required by Subsection R151-4-503(1) within 14 days after the scheduling order is issued.

(b) A party joined after the scheduling conference shall make their initial disclosures within 30 days after being served.

(c) A party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures because:

(i) the party has not fully completed the investigation of the case;

(ii) the party challenges the sufficiency of another party's disclosures; or

(iii) another party has not made disclosures.

(4) Initial disclosures shall be made in writing, signed, and served.

(5) A party who fails to file its required initial disclosures within the time frames in this section may be subject to sanctions as provided in Section R151-4-516.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-504 Expert Disclosures

(1)(a) A party shall:

(i) disclose in writing the name, address and telephone number of any person who might be called as an expert witness at the hearing; and

(ii) provide a written report signed by the expert that contains a complete statement of each opinion the expert will offer at the hearing and the basis and reasons for them.

(b) The expert may not testify in a party's case-in-chief concerning any matter not fairly disclosed in the report.

(d) Unless otherwise stipulated in writing by the parties or ordered in writing by the presiding officer, the expert disclosures shall be made:

(i) within 30 days after the deadline for completion of discovery; or

(ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Subsection R151-4-504(1)(a), within 30 days after the expert disclosure made by the other party.

(2) Expert disclosures shall be made in writing, signed, and served.

(3) A party who fails to file its required expert disclosures within the time frames in this section may be subject to sanctions as provided in Section R151-4-516.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-504 5. Final Disclosures

(1)(a) A party shall disclose information regarding witnesses and evidence the party may present at the hearing other than solely for impeachment purposes. Each party shall disclose in writing and include:

(i) the name and, if known, the address and telephone number of each individual who will testify;

(ii) a clear and concise summary of the topic addressed in the information the individual will testify to; and

(iii) a list, and if not already provided, a copy of each document, data compilation, and tangible thing that will be presented in evidence.

(b) The final disclosures required by this section shall be made at least 45 days before the hearing.

(2) If the grounds for the objection are apparent before the hearing, within 14 days after service of the final disclosures a party may serve and file an objection to the:

(a)(i) use of a deposition designated by another party; and

(ii) admissibility of materials identified under Subsection R151-4-504.5(1)(a).

(b) An objection not timely made is waived unless excused by the presiding officer for good cause.

(3) Final disclosures shall be made in writing, signed, and served.

(4) A party who fails to file its required final disclosures within the time frames in this section may be subject to sanctions as provided in Section R141-4-516.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-505 Other Discovery Methods

Parties may obtain discovery by one or more of the following methods:

(1) depositions upon oral examination;

(2) production of documents or things;

(3) permission to enter upon land or other property for inspection and other purposes; and

(4) physical and mental examinations.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-506 Limits on Use of Discovery

The presiding officer shall limit the frequency and extent of discovery regardless of whether either party files a motion to limit discovery if:

(1) the discovery sought is unreasonably cumulative, duplicative, or is obtainable from some other source that is:

(a) more convenient;

(b) less burdensome; or

(2) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or

(3) the discovery is burdensome or expensive, taking into account:

(a) the needs of the case;

(b) the amount in controversy;

(d) the importance of the issues at stake in the litigation.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-507 Protective Orders

(1) Upon motion by a party or by the person from whom discovery is sought the presiding officer may make an order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(a) that the discovery not be had;

(b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(d) that certain matters not be discovered, or that the scope of the discovery be limited to certain matters;

(e) that discovery be conducted with no one present except persons designated by the presiding officer;

(f) that a deposition after being sealed be opened only by order of the presiding officer;

(g) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; or

(h) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the presiding officer.

(2) If the motion for a protective order is denied in whole or in part, the presiding officer may order that a party or person provide or permit discovery.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-508 Timing, Completion, and Sequence of Discovery

(1) Parties are encouraged to initiate appropriate discovery procedures in advance of the scheduling conference so that discovery disputes can be addressed at that conference to the extent possible.

(2)(a) Discovery, except for initial disclosures governed by Section R151-4-504, shall be completed within 120 days after the day:

(i) the notice of agency action was issued; or

(ii) the initial decision as to a request for agency action was issued.

(b) Factors the presiding officer shall consider in determining whether to shorten this time period include:

(i) whether a party's interests will be prejudiced if the time period is not shortened;

(ii) whether the relative simplicity or nonexistence of factual issues justifies a shortening of discovery time; and

(iii) whether the health, safety or welfare of the public will be prejudiced if the time period is not shortened.

(c) Factors the presiding officer shall consider in determining whether a party has demonstrated good cause to extend this time period include, in addition to those set forth in Section R151-4-109:

(i) whether the complexity of the case warrants additional discovery time; and

(ii) whether that party has made reasonable and prudent use of the discovery time that has already been available to the party since the proceeding commenced.

(d) The presiding officer may not extend discovery in a way that prevents the hearing from taking place within the time frames established in Section R151-4-108.

(3)(a) Unless the presiding officer orders otherwise for the convenience of parties and witnesses, and except as otherwise provided by this rule, discovery methods may be used in any sequence.

(b) The fact that a party is conducting discovery may not operate to delay another party's discovery.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-509 Supplemented Disclosures and Amended Responses

(1) A party who has made a disclosure or responded to a request for discovery with a response that was complete when made shall supplement the disclosure or amend the response to include subsequent information if:

(a) ordered by the presiding officer; or

(b) a circumstance described in Subsection (2) or (3) exists.

(2)(a) A party shall supplement disclosures if:

(i) the party learns that in some material respect the information disclosed is incomplete or incorrect; and

(ii) the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

(b) As to testimony of an expert from whom a report is required under Section R151-4-504:

(i) the duty extends to information contained in the report; and

(ii) additions or other changes to this information shall be disclosed by the time the party's disclosures under Section R151-4-504 are due.

(3) A party shall amend a prior response to a request for production:

(a) within a reasonable time after the party learns that the response is in some material respect incomplete or incorrect; and

(b) if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-510 Notice of Agency Action, Scheduling and Prehearing Conferences, Hearing Date

(1) Each notice of agency action or initial decision as to a request for agency action:

(a) shall contain the time, date, and location of a scheduling conference, that shall be at least 45 days but not more than 60 days after the date of the notice of agency action or initial decision as to a request for agency action;

(b) shall contain a clear notice that failure to respond within 30 days after the mailing date of the notice may result in:

(i) cancellation of the scheduling conference; and

(ii) a default order; and

(2)(a) The scheduling conference may be in person or electronically by audio, video, or audio and video.

(b) Each Party, or their counsel, shall participate in the scheduling conference.

(c) The scheduling conference shall include discussion and scheduling of discovery, motions, and other necessary matters.

(3) During the scheduling conference, the presiding officer shall issue a verbal order, and shall issue a written order to the same effect within two days after the conclusion of the conference, that shall address each of the following:

(a) scheduling a final prehearing conference;

(b) setting a deadline for the filing of motions and cross motions, including motions for summary judgment, allowing for motions to be submitted and ruled on before the hearing date;

(d) resolving discovery issues;

(e) establishing a schedule for briefing, discovery needs, expert witness reports, witness and exhibit lists, objections, and other necessary or appropriate matters;

(f) if not already scheduled, scheduling a hearing date in compliance with Section R151-4-108; and

(g) dealing with other necessary matters.

(4) A party joined after the scheduling conference is bound by the order issued as a result of that scheduling conference unless the order is modified in writing pursuant to a stipulation or motion.

(5)(a) The presiding officer shall schedule matters consistent with Section R151-4-108.

(b) The presiding officer may:

(i) adjust time frames as necessary to accommodate Section R151-4-108; and

(ii) schedule appropriate matters to occur concurrently.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-511 Signing of Disclosures, Discovery Requests, Responses, and Objections

(1)(a) Each disclosure shall:

(i) include the signature of:

(A) at least one attorney of record; or

(B) the party if not represented by an attorney; and

(ii) include the mailing address of the signer.

(b) The signature of the attorney or party constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after a reasonable inquiry, the disclosure is complete and correct as of the time it was made.

(2)(a) Each request for discovery or response, or objection to discovery shall:

(i) be signed by:

(A) at least one attorney of record; or

(B) the party if not represented by an attorney; and

(ii) include the mailing address of the signer.

(b) The signature of the attorney or party constitutes a certification that the signer has read the request, response, or objection, and that to the best of the signer's knowledge, information, and belief formed after a reasonable inquiry it is:

(i) consistent with this rule and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;

(ii) not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and

(iii) not unreasonable or burdensome or expensive, given the needs of the case, the discovery already had in the case, and the importance of the issues at stake in the proceeding.

(3)(a) If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection.

(b) A party is not obligated to take an action as to a request, response, or objection until it is signed.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-512 Filing of Discovery Requests or Disclosures

(1) Unless otherwise ordered by the presiding officer:

(a) a party may not file a request for or response to discovery, but shall file only the original certificate of service stating that the request or response has been served on the other parties and the date of service;

(b) except as described in Subsection R151-4-512(1)(c), a party may not file any of the disclosures required by the prehearing order, but shall file only the original certificate of service stating that the disclosures have been served on the other parties and the date of service; and

(2) A party filing a motion for a protective order or a motion for an order compelling discovery shall attach to the motion a copy of the request or response at issue.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-513 Subpoenas

(1) Each subpoena:

(a) shall be issued and signed by the presiding officer;

(b) shall state the title of the action;

(c) shall command each person to whom it is directed to attend and give testimony at a hearing or deposition at a time and place specified;

(d) may command the person to whom it is directed to produce designated books, papers, or tangible things, and in the case of a subpoena for a deposition, may permit inspection and copying of the items; and

(e) shall limit its designation of books, papers, or tangible things to matters properly within the scope of discoverable information.

(2) A subpoenaed individual shall receive the fee for attendance and mileage reimbursement required by law.

(3)(a) A subpoena commanding a person to appear at a hearing or a deposition in Utah may be served at any place in Utah.

(b) A person who resides in Utah may be required to appear at a deposition:

(i) in the county where the person resides, is employed, or transacts business in person; or

(ii) at any reasonable location as the presiding officer may order.

(i) in the county in Utah where the person is served with a subpoena; or

(ii) at any reasonable location as the presiding officer may order.

(4) A subpoena shall be served in accordance with the requirements of the jurisdiction where service is made.

(5) Upon a motion made promptly to quash or modify a subpoena, but no later than the time specified in the subpoena for compliance, the presiding officer may:

(a) quash or modify the subpoena, if it is shown to be unreasonable and oppressive; or

(b) conditionally deny the motion with the denial conditioned on the payment of the reasonable cost of producing the requested materials by the person on whose behalf the subpoena is issued.

(6)(a) In the case of a subpoena requiring the production of books, papers, or other tangible things at a deposition, the person to whom the subpoena is directed may, within 10 days after service or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, serve on the attorney designated in the subpoena a written objection to production, inspection, or copying of any of the designated materials.

(b) If an objection is made, the party serving the subpoena is not entitled to production, inspection, or copying of the materials except pursuant to a further order of the presiding officer who issued the subpoena.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-514 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

(1) Upon approval by the presiding officer, a party may serve on another party a request:

(a) to produce and permit the party making the request to:

(i) inspect and copy a data compilation from which information can be obtained and translated into a reasonably usable form; or

(ii) inspect and copy, test, or sample a document or tangible thing that:

(A) constitutes or contains matters within the scope of Subsection R151-4-502(1); and

(B) are in the possession, custody or control of the party upon whom the request is served; or

(b) to permit, within the scope of Subsection R151-4-502(1), entry on designated land, property, object, or operation in the possession or control of the party upon whom the request is served for inspection, measuring, surveying, photographing, testing, or sampling.

(2)(a) Before permitting a party to serve a request for production of documents, the presiding officer shall first find that the requesting party has demonstrated the records have not already been provided.

(b) After approval by the presiding officer, the request may be served on a party.

(i) set forth the items to be inspected either by individual item or by category;

(ii) describe each item and category with particularity; and

(iii) specify a reasonable time, place, and manner of making the inspection and performing the related acts.

(d)(i) The party upon whom the request is served shall serve a written response within 20 days after service of the request unless the presiding officer allows a shorter or longer time in a written order.

(ii) The response shall state, as to each specific item or category:

(A) that the party will permit inspection and related activities as requested; or

(B) an objection.

(iii) The party submitting the request may move for an order under Section R151-4-516 as to any:

(A) objection;

(B) failure to respond to any part of the request; or

(e) A party who produces documents for inspection shall:

(i) produce them as they are kept in the usual course of business; or

(ii) organize and label them to correspond with the categories in the request.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-515 Physical and Mental Examination of Persons

(1)(a) When the mental or physical condition, including the blood group, of a party or of a person in the custody or under the legal control of a party is in controversy, the presiding officer may order the party or person to:

(i) submit to a physical or mental examination by a physician; or

(ii) produce for examination the person in the party's custody or legal control.

(b) The order:

(i) may be made only on motion for good cause shown and upon notice to the person to be examined and to each party; and

(ii) shall specify:

(A) the time, place, manner, conditions, and scope of the examination; and

(B) the person who shall conduct the examination.

(2)(a)(i) If requested by the party against whom an order is made under this rule or the person examined, the party causing the examination to be made shall deliver to the requester a copy of a detailed written report of the examining physician including findings, diagnoses, conclusions, test results, and reports of any earlier examination of the same condition.

(ii)(A) After delivery, the party causing the examination may request to receive from the party against whom the order is made a report of an examination of the same condition unless, as to an examination of a person not a party, the party shows that the party cannot obtain it.

(B) The presiding officer on motion may order a party to deliver a report, and if a physician fails or refuses to make a report, the presiding officer may exclude the physician's testimony at the hearing.

(b) By requesting and obtaining an examination report or by taking the deposition of the examiner, the party examined waives any privilege regarding the testimony of any other person who has examined or may thereafter examine the party for the same mental or physical condition.

(i) applies to any examination made by agreement of the parties unless the agreement expressly provides otherwise; and

(ii) does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician under any other rule.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-516 Motion to Compel Discovery, Motion to Strike Evidence - Other Sanctions

(1)(a) The discovering party may move for an order compelling discovery, an order to strike evidence, or other sanction if:

(i) a party fails to make disclosures required by Section R151-4-503;

(ii) a party fails to make the disclosures required by Section R151-4-504;

(iii) a party fails to make the disclosures required by Section R151-4-504.5;

(iv) a deponent fails to answer a question;

(v) a corporation or other entity named as a deponent fails to designate an individual to testify under Subsection R151- 4-603(1)(b); or

(vi) a party, in response to a request under Section R151-4-514, fails to produce documents, permit inspection, or permit entry as requested.

(b) When taking a deposition, the proponent of a question may complete or adjourn the examination before applying for an order.

(c) If the presiding officer denies the motion in whole or in part, the presiding officer may make a protective order that otherwise would be authorized by Section R151-4-507.

(d) An evasive or incomplete answer is treated as a failure to answer.

(2)(a) If a party or other person fails to comply with a disclosure requirement or with an order compelling discovery:

(i) the department may seek civil enforcement in the district court under Section 63G-4-501; or

(ii) the presiding officer may, for good cause, issue an order:

(A) that the related matters and facts shall be taken to be established;

(B) refusing to allow the disobedient party to support or oppose designated claims or defenses; or

(D) striking out pleadings or motions, or portions of pleadings or motions;

(E) dismissing the proceeding or a portion of the proceeding; or

(F) rendering a judgment by default against the disobedient party.

(3) In determining the appropriate sanction for the failure to comply with a disclosure requirement or an order compelling discovery, the presiding officer may consider the following factors:

(a) the timeliness of the moving party's motion in relation to the scheduled hearing;

(b) the time lapsed since the disobedient party's deadline for proper compliance;

(d) any other factor the presiding officer determines to be relevant.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-601 Applicability - Scope

(1) Sections R151-4-601 through R151-4-611, apply only to formal adjudicative proceedings.

(2)(a) Only as provided in this part and with a written order of the presiding officer, a party may take the testimony by deposition upon oral examination of certain persons, including parties, who know facts relevant to the claims or defenses of a party in the proceeding.

(b) The attendance of witnesses may be compelled by subpoena.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-602 General Provisions - Persons Who May Be Deposed - Persons Before Whom Depositions May Be Taken

(1)(a) Before a party may request leave to take a person's deposition, the party shall first make efforts to obtain discovery from that person by an interview.

(b) "Interview" means an unsworn, oral examination of a person with knowledge of facts relevant to the claims or defenses of a party in the proceeding, whether in person or by remote means.

(2) A party may not be granted leave to take a deposition unless the party, upon motion, demonstrates to the satisfaction of the presiding officer that the person has knowledge of facts relevant to the claims or defenses of a party in the proceeding and:

(a) has refused a reasonable request by the moving party for an interview;

(b) has failed to attend a scheduled interview;

(d) has refused to answer reasonable questions propounded to the person by that party in an interview; or

(e) will be unavailable to testify at the hearing.

(3) In deciding whether to grant the motion, the presiding officer shall consider the probative value the testimony is likely to have in the proceeding and the complexity of the proceeding.

(4) The moving party has the burden of proof in a motion for leave to take a deposition.

(5) Any participant in an interview conducted under this section may create an audio recording of the interview as long as the person recording the interview gives verbal notice to the other participants that the interview is being recorded. Any participant that creates an audio recording of the interview shall provide a copy of the recording to each party to the proceeding within 10 days of the interview.

(6) The parties to a proceeding may stipulate to take a deposition rather than conduct an interview, even if the requirements of this section have not been met.

(7) A party shall take depositions before an individual certified court reporter as defined by Title 58, Chapter 74, State Certification of Court Reporters Act.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-603 Notice of Deposition - Requirements

(1) A party permitted to take a deposition shall give notice as provided in this subsection.

(a) The party deposing a witness shall give reasonable notice in writing to every other party.

(b)(i) The notice shall state the date, time, and place for the deposition and the name and address of each witness.

(ii) If the name of a witness is not known, the notice shall describe the witness sufficiently to identify the person or state the class or group to which the person belongs.

(c) The notice to a party deponent may be accompanied by a request in compliance with Section R151-4-514 for the production of documents and tangible things at the deposition.

(d) The notice shall designate the person who will conduct the deposition.

(2)(a) If a deponent is a public or private corporation, a partnership, an association, or a government agency, the notice shall:

(i) describe with reasonable particularity the matters on which questioning is requested;

(ii) direct the organization to designate one or more officers, directors, managing agents, or other persons to testify on its behalf; and

(iii) for each person designated, state the matters on which the person will testify.

(b) A subpoena shall advise a nonparty organization of its duty to make such a designation.

(3)(a) The parties may stipulate in writing or, upon motion, the presiding officer may order in writing that the testimony at a deposition be recorded by means other than stenographic means.

(b) The stipulation or order:

(i) shall designate the person before whom the deposition shall be taken;

(ii) shall designate the manner of recording, preserving and filing the deposition; and

(iii) may include other provisions to assure the recorded testimony will be accurate and trustworthy.

(d) A deposition recorded by means other than stenographic means shall set forth in writing:

(i) any objections;

(ii) any changes made by the witness;

(iii) the signature of the witness identifying the deposition as the witness's own or the statement of the court reporter required if the witness does not sign; and

(iv) a certification by the court reporter that the witness was under oath or affirmation and that the record is a true record of the deposition.

(4) The parties may stipulate in writing or, upon motion, the presiding officer may order a deposition be taken electronically by audio, video, or audio and video.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-604 Examination and Cross Examination

(1) Examination and cross examination of witnesses may proceed as permitted at a hearing under the Utah Administrative Procedures Act.

(2) Any objection shall be recorded, but the questioning shall proceed, and the testimony taken subject to the objections.

(3) Any objection shall be stated concisely and in a non-argumentative and non-suggestive manner.

(4) A person may instruct a witness not to answer only to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion for a protective order under Section R151-4-507.

(5) Upon demand of the objecting party or witness, the deposition shall be suspended for the time necessary to make a motion.

(6) The party taking the deposition may complete or adjourn the deposition before moving for an order to compel discovery under Section R151-4-516.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-605 Motion to Limit Examination

In an order permitting depositions, the presiding officer:

(1) may limit the scope and manner of taking the deposition; and

(2) shall limit the oral questioning of a nonparty to four hours, and oral questioning of a party to seven hours.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-606 Submission to Witness - Changes - Signing

(1) Within 28 days after being notified by the court reporter that the transcript or recording is available, a witness may sign a statement of changes to the form or substance of the transcript or recording and the reasons for the changes.

(2) Any changes timely made by the witness shall be appended to the deposition.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-607 Certification - Delivery - Exhibits

(1) The court reporter shall record the deposition.

(2) The court reporter shall sign a certificate to accompany the record, stating that the witness was under oath or affirmation, and that the record is a true record of the deposition.

(3)(a) The court reporter shall keep a copy of the record.

(b) The court reporter shall securely seal the record endorsed with the title of the action and marked "Deposition of (name). Do not open." and shall promptly send the sealed record to the attorney or the party who designated the recording method.

(c) An attorney or party receiving the record shall store it under conditions that will protect it against loss, destruction, tampering, or deterioration.

(4)(a) Each party may inspect and copy documents and things produced for inspection and shall have a fair opportunity to compare copies and originals.

(b)(i) Upon the request of a party, documents and things produced for inspection shall be marked for identification and added to the record.

(ii) If a witness wants to retain the originals, the witness shall offer the originals to be copied, marked for identification, and added to the record.

(5) Upon payment of reasonable charges, the court reporter shall furnish a copy of the record to any party or to the witness.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-608 Reserved

Reserved.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-609 Use of Depositions

(1) Under the other provisions of Section R151-4-609, a part of a deposition, if admissible under Rules 401 through 417 of the Utah Rules of Evidence applied as though the witness were present and testifying, may be used against a party who:

(a) was present or represented at the taking of the deposition; or

(b) had reasonable notice of the deposition.

(2) A party may use a deposition:

(a) to contradict or impeach the testimony of the deponent as a witness; or

(b) for another purpose permitted by the Utah Rules of Evidence.

(3) An adverse party may use a deposition for any purpose.

(4) A party may use the deposition of a witness, whether or not a party, for any purpose if the presiding officer finds that:

(a) the witness is dead;

(b) the witness is more than 100 miles from the hearing, unless it appears the absence of the witness was procured by the party offering the deposition;

(d) the party offering the deposition has been unable to procure the attendance of the witness by subpoena.

(5) If part of a deposition is offered in evidence by a party, an adverse party may require introduction of any other part that ought, in fairness, to be considered with the part introduced.

(6) A deposition lawfully taken and filed in a court or another agency within Utah may be used as if originally taken in the pending proceeding.

(7) A deposition previously taken may otherwise be used as permitted by Rules 401 through 417 of the Utah Rules of Evidence.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-610 Objections to Admissibility

A party may object at a hearing to receiving in evidence any part of a deposition for a reason that would require the exclusion of the evidence if the witness were present and testifying.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-611 Effect of Errors and Irregularities in Depositions

(1) An error or irregularity in the notice for taking a deposition is waived unless a party promptly serves a written objection on the party giving the notice.

(2) An objection to taking a deposition because of disqualification of the court reporter before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(3) An objection to the competency of a witness or to the competency, relevancy, or materiality of testimony is not waived by failure to make it before or during the taking of the deposition, unless the basis of the objection is one that could have been obviated or removed if presented at that time.

(4) An error or irregularity occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and an error that might be obviated, removed, or cured if promptly presented, is waived unless an objection is made at the taking of the deposition.

(5) An error or irregularity in the manner that the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with is waived unless a motion to suppress is made with reasonable promptness after the defect is, or with due diligence should have been, discovered.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-701 Hearings Required or Permitted

A hearing shall be held in an adjudicative proceeding if a hearing is:

(1) required by statute or rule and not waived by the parties; or

(2) permitted by statute or rule and timely requested.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-702 Time to Request Permissive Hearing

A request for a hearing permitted by statute or rule shall be received no later than:

(1) the time period for filing a response to a notice of agency action if a response is required or permitted;

(2) twenty days following the issuance of a notice of agency action if a response is not required or permitted; or

(3) the filing of the request for agency action.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-703 Hearings Open to Public - Exceptions

A hearing in an adjudicative proceeding is open to the public unless closed by:

(1) the presiding officer conducting the hearing, under Title 63G, Chapter 4, Administrative Procedures Act; or

(2) a presiding officer who is a public body, under Title 52, Chapter 4, Open and Public Meetings Act.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-704 Bifurcation of Hearing

The presiding officer may, for good cause, order a hearing bifurcated into a findings phase and a sanctions phase.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-705 Order of Presentation in Hearings

The order of presentation of evidence in hearings in formal adjudicative proceedings shall be as follows:

(1) opening statement of the party with the burden of proof;

(2) opening statement of the opposing party, unless the party reserves the opening statement until the presentation of its case-in-chief;

(3) case-in-chief of the party with the burden of proof and cross examination of witnesses by the opposing party;

(4) case-in-chief of the opposing party and cross examination of witnesses by the party with the burden of proof;

(5) if the presiding officer finds it to be necessary, rebuttal evidence by the party that has the burden of proof;

(6) if the presiding officer finds it to be necessary, rebuttal evidence by the opposing party;

(7) closing argument by the party with the burden of proof;

(8) closing argument by the opposing party; and

(9) final argument by the party with the burden of proof.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-706 Testimony Under Oath

Testimony presented at a hearing shall be given under oath administered by the presiding officer and under penalty of perjury.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-707 Electronic Testimony

(1) As used in this section, electronic testimony means testimony by contemporaneous transmission from a different location including by telephone, or by other audio or video conferencing technology.

(2) For good cause and with appropriate safeguards, the presiding officer may permit electronic testimony in hearings in formal proceedings.

(3) With appropriate safeguards, the presiding officer may permit electronic testimony in an informal proceeding at the request of a party.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-708 Standard of Proof

Unless otherwise provided by statute or a rule applicable to a specific proceeding, the standard of proof in a proceeding under this rule, whether initiated by a notice of agency action or request for agency action, is a preponderance of the evidence.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-709 Reserved

Reserved.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-710 Default Orders

(1) The presiding officer may enter a default order under Section 63G-4-209, with or without a motion from a party.

(2) If a basis exists for a default order, the order may enter without notice to the defaulting party or a hearing.

(3) A default order is not required to be accompanied by a separate order.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-711 Record of Hearing

(1) The presiding officer shall make a record of any conferences or proceedings.

(2)(a) The presiding officer shall make the record of a hearing in a formal proceeding by:

(i) a certified court reporter as defined by Title 58, Chapter 74, State Certification of Court Reporters Act; or

(ii) a digital audio recording in a commonly used file format.

(b) The presiding officer shall make the record of an informal proceeding by:

(i) a method required for a formal proceeding; or

(ii) the minutes of the proceeding or an order prepared or adopted by the presiding officer.

(3) The department shall record a proceeding at its expense.

(4)(a) If a party is required by Section R151-4-902 to obtain a transcript of a proceeding for agency review, the party shall ensure that the record is transcribed:

(i) in a formal adjudicative proceeding, by a certified court reporter; or

(ii) in an informal adjudicative proceeding, by:

(A) a certified court reporter; or

(B) a person who is not a party in interest.

(b) If a transcript is prepared by someone other than a certified court reporter, a party shall file an affidavit of the transcriber stating under penalty of perjury that the transcript is a correct and accurate transcription of the record.

(d) The party requesting the transcript shall bear the cost of the transcription.

(e)(i) The presiding officer may strike a transcript prepared by someone other than a certified court reporter if the presiding officer determines that the transcript contains significant errors.

(ii) Upon striking a transcript, the presiding officer may order the party to file a transcript prepared by a certified court reporter.

(5) A party shall file the original transcript of a record of a proceeding with the presiding officer.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-712 Fees

(1)(a) Witnesses appearing on the demand or at the request of a party may receive payment from that party of:

(i) $18.50 for each day in attendance; and

(ii) if traveling more than 50 miles to attend and return from the hearing, 25 cents a mile for each mile actually and necessarily traveled.

(b) A witness subpoenaed by a party other than the department may:

(i) demand one day's witness fee and mileage in advance; and

(ii) be excused from appearance unless the fee is provided.

(2) Interpreters and translators may receive compensation for their services.

(3) An officer or employee of the United States, the state of Utah, or a county, incorporated city, or town within the state of Utah, may not receive a witness fee unless the officer or employee is required to testify at a time other than during normal working hours.

(4) A witness may not receive fees in more than one adjudicative proceeding on the same day.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-801 Requirements and Timeliness

(1) For default orders and orders issued after a default order, the requirements of Subsections 63G-4-203(1)(i)(iii), 63G-4-203(1)(i)(iv), and 63G-4-208(1)(e) through (g) are satisfied if the order includes a notice of the right to seek to set aside the order as provided in Subsection 63G-4-209(3).

(2) Except as provided in Sections 63G-4-502 and R151-4-111, the presiding officer shall issue an order within 45 days after the day the proceeding concludes.

(3) If the presiding officer permits the filing of post-proceeding documents, that filing shall be scheduled in a way that allows the presiding officer to issue an order within 45 days after the day the proceeding concludes.

(4) The failure of the presiding officer to comply with the requirements of this section:

(a) is not a basis for dismissal of the matter; and

(b) is not an automatic denial or grant of a motion.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-802 Effective Date

The effective date of an order is 30 days after its issuance unless otherwise provided in the order.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-803 Clerical Mistakes

(1) The department may correct clerical mistakes in orders or other parts of the record and errors arising from oversight or omission on:

(a) its own initiative; or

(b) the motion of a party.

(2) The department may correct mistakes described in this section:

(a) at any time before the docketing of a petition for judicial review; or

(b) as governed by Utah Rules of Appellate Procedure, Rule 11(h).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-901 Availability of Agency Review and Reconsideration

(1)(a) Except as otherwise provided in Subsection 63G-4-209(3)(c), an aggrieved party may obtain agency review of a final order by filing a request with the commissioner within 30 days after the issuance of the order.

(b) This 30-day deadline is jurisdictional, the three-day mailing rule in Subsection R151-4-107(3) does not apply and does not extend the jurisdictional deadline.

(c) A motion to set aside a final order made to a division under Rule 60(b) of the Utah Rules of Civil Procedure does not toll the jurisdictional deadline to file a request for agency review.

(d) Under Subsection 63G-4-102(9), the commissioner may extend the deadline only for good cause shown.

(e) Good cause to justify an extension means special circumstances beyond the control of the person requesting agency review that prevents a timely filing of the request.

(f) A decision on a motion is not subject to interlocutory appeal or agency review until the division enters a final order.

(2)(a) Agency review is not available for an order or decision entered by the commissioner under:

(i) Title 13, Chapter 14, New Automobile Franchise Act; or

(ii) Title 13, Chapter 35, Powersport Vehicle Franchise Act.

(b) Agency review is not available for an order or decision entered by the Division of Professional Licensing for:

(i) Prelitigation proceedings under Title 78B, Chapter 3, the Utah Health Care Malpractice Act;

(ii) a request for modification of a disciplinary order;

(iii) a request under Title 58, Chapter 4a, for entry into the Utah Professionals Health Program;

(iv) a petition to remove agency action from public access under Section 63G-4-107; or

(v) a determination made on an application for a division determination regarding criminal record under Section 58-1- 310.

(c) Agency review is not available for an order or decision entered by the Division of Corporations and Commercial Code for a:

(i) refusal to file a document under the Utah Revised Business Corporations Act under Section 16-10a-126;

(ii) revocation of a foreign corporation's authority to transact business under Section 16-10a-1532;

(iii) refusal to file a document under the Utah Revised Limited Liability Company Act under Section 48-3a-209;

(iv) denial of reinstatement under the Uniform Limited Cooperative Association Act under Section 16-16-1213; or

(v) rejection of a UCC financing statement filing under Sections 70A-9a-516 and 70A-9a-520, Uniform Commercial Code - Secured Transactions.

(d)(i) A party may request agency reconsideration under Section 63G-4-302 for an order or decision exempt from agency review under Subsections R151-4-901(2)(a), R151-4-901(2)(b)(ii), and R151-4-901(2)(c).

(ii) Under Subsections 58-4a-105(5) and 78B-3-416(1)(c), agency reconsideration is not available for an order or decision exempt from agency review under Subsections R151-4-901(2)(b)(i) and R151-4-901(2)(b)(iii).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-902 Request for Agency Review - Transcript - Service

(1) A request for agency review shall:

(a) comply with Subsection 63G-4-301(1)(b) and this section; and

(b) include a copy of the order that is the subject of the request.

(2) A party requesting agency review shall set forth any factual or legal basis in support of that request, including adequate supporting arguments and citation to:

(a) appropriate legal authority; and

(b) the relevant portions of the record.

(3)(a) If a party challenges a finding of fact, the party shall demonstrate, based on the entire record, that the finding is not supported by substantial evidence.

(b) A party challenging a finding of fact bears the burden to

show that the finding is not supported by substantial evidence.

(i) relevant authority; and

(ii) the portions of the record relevant to the issue.

(4)(a) If the grounds for agency review include a challenge to a determination of fact or conclusion of law as unsupported by or contrary to the evidence, the party seeking agency review shall order and cause a transcript of the record relevant to the finding or conclusion to be prepared.

(b) When a transcript is required, the party seeking review shall:

(i) certify that the transcript has been ordered;

(ii) notify the department when the transcript will be available; and

(iii) file the transcript with the commissioner in accordance with the time frame stated in the certification regarding transcript.

(5) If a party's grounds for agency review include any legal argument, the party shall support the argument with specific citations to the transcript of the proceeding, indicating when the argument was raised and preserved in the proceeding. Examples of legal argument include:

(a) an objection to a ruling of the presiding officer;

(b) an argument regarding one or more procedures attendant to the proceeding; or

(6)(a) A party seeking agency review shall, in the manner described in Sections R151-4-401 and R151-4-402, file and serve on the parties copies of correspondence, pleadings, motions, and other submissions.

(b) If an attorney enters an appearance on behalf of a party, service shall be made on the attorney instead of the party.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-903 Stay Pending Agency Review

(1)(a) With a timely filing of a request for agency review of an order, the party seeking review may file a motion for a stay of the order pending the completion of agency review.

(b) If a motion to stay is not timely filed and subsequently granted, the order subject to review shall remain in effect according to its terms.

(2)(a) The division that issued the order subject to review may oppose a motion for a stay in writing within ten days from the date the stay is requested.

(b) Failure to oppose a timely request for a stay shall result in an order granting the stay unless the commissioner determines that a stay would not be in the best interest of the public under Subsection R151-4-903(3)(a).

(c) If a division opposes a motion for a stay, the commissioner may permit a final response by the party requesting the stay.

(d) The commissioner may enter an interim order granting a stay pending a decision on the motion for a stay.

(3)(a) In determining whether to grant a request for a stay, the commissioner shall review the division's findings of fact, conclusions of law and order to determine whether granting a stay would, or might reasonably be expected to, pose a significant threat to the public health, safety, and welfare.

(b) The commissioner may issue:

(i) an order granting the motion for a stay;

(ii) a conditional stay imposing terms, conditions or restrictions on a party pending agency review;

(iii) a partial stay; or

(iv) an order denying the motion for a stay.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-904 Agency Review - Memoranda

(1)(a) The department may order or permit the parties to file memoranda to assist in conducting agency review.

(b) Memoranda shall comply with:

(i) this rule; and

(ii) a scheduling order entered by the department.

(2)(a) If a transcript is not necessary to conduct agency review, a memorandum supporting a request for agency review shall be concurrently filed with the request.

(b) If a transcript is necessary to conduct agency review, a party requesting agency review shall file a supporting memorandum no later than 15 days after the filing of the transcript with the department.

(3)(a) A response to a request for agency review and a memorandum supporting that response shall be filed no later than 30 days after the service of the memoranda supporting the request.

(b) A final reply memorandum shall be filed no later than 10 days after the service of a response to the request for agency review.

(4) If agency review involves more than two parties the department may conduct a telephonic scheduling conference to address briefing deadlines.

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-905 Agency Review - Standards of Review

In both formal and informal adjudicative proceedings, the standards for agency review correspond to the standards for judicial review of formal adjudicative proceedings under Subsection 63G-4-403(5).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-906 Agency Review - Type of Relief - Order on Review

(1) The type of relief available on agency review shall be the same as the type of relief available on judicial review under Subsection 63G-4-404(1)(b).

(2) The order on review constitutes final agency action for purposes of Subsection 63G-4-401(1).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

Utah Admin. Code R151-4-907 Stay Pending Judicial Review

(1) A party seeking judicial review of an order may file with the commissioner a motion for a stay of the order pending judicial review. The party filing the motion for a stay shall file the motion with the commissioner on the same date that a timely petition for judicial review is filed with the court.

(2) Unless otherwise provided by statute, a motion for a stay of an order pending judicial review shall include:

(a) a statement of the reasons for the relief requested;

(b) a statement of the facts relied upon;

(d) relevant portions of the record of the adjudicative proceeding and agency review;

(e) a memorandum of law identifying the issues to be presented on appeal and supporting the aggrieved party's position that those issues raise a substantial question of law or fact reasonably likely to result in reversal, remand for a new proceeding, or relief from the order entered;

(f) clear and convincing evidence that if the commissioner does not grant the requested stay, the aggrieved party will suffer irreparable injury;

(g) clear and convincing evidence that if the commissioner grants the requested stay, it will not substantially harm other parties to the proceeding; and

(h) clear and convincing evidence that if the commissioner grants the requested stay, the aggrieved party will not pose a significant danger to public health, safety, and welfare.

(3)(a) The division that issued the order subject to review may oppose a motion for a stay in writing within ten days from the date that the motion is filed.

(b) Failure to oppose a timely motion under this section shall result in an order granting the stay unless the commissioner determines that a stay would not be in the public interest.

(c) If a division opposes a motion for a stay, the commissioner may permit a final response by the party filing the motion.

(4) The commissioner may grant a motion for a stay of an order pending judicial review if the party filing the motion meets the criteria in Subsections R151-4-907(1) and (2).

History

KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: July 22, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)

R151-5 Administration of the Office of the Property Rights Ombudsman's Land Use Fund

Utah Admin. Code R151-5-1 Purpose -- Office of the Property Rights Ombudsman's Land Use Fund

This rule establishes the procedures, standards, and policies for the administration of the Office of the Property Rights Ombudsman's Land Use Fund in accordance with Subsection 15A-1-209(5)(c)(iii) and Section R156-15A-230.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-2 Definitions

Terms used in this rule are defined in Title 13, Chapter 43, Property Rights Ombudsman Act. In addition:

(1) "Advisory board" means the Land Use and Eminent Domain Advisory Board in accordance with Section 13-43- 201.

(2) "Agreement period" means the time covering the effective date through the termination date of the grant agreement.

(3) "Application" or "grant application" means the application provided by the ombudsman for a land use training fund grant.

(4) "Application checklist" or "checklist" means the checklist provided by the ombudsman to support the submission of a complete and accurate land use training fund grant application.

(5) "Application Type" means the type of activity being proposed by the applicant, categorized as listed in Section R151-5-4.

(6) "Effective date" means the date identified as the first eligible date for expenditure listed within the grant agreement.

(7) "Executive director" means the executive director of the Department of Commerce.

(8) "Fund" or "land use training fund" means the land use fund administered by the Office of the Property Rights Ombudsman.

(9) "Grant agreement" or "agreement" means the State of Utah Agreement form used to formally award an applicant with land use training funds and document the requirements associated with the use of said funds.

(10) "Instructor" means the individuals who lead the main discussion or deliver the core content for direct land use training and education activities.

(11) "Ombudsman" means the division director of the Office of the Property Rights Ombudsman or their designees.

(12) "Panelist" means a participant who supports an instructor as part of a direct land use training and education activity.

(13) "Period of performance" means the date range identified within the grant agreement in which the Grantee may use funds to cover eligible costs incurred within their approved application and associated executed grant agreement.

(14) "Provider," "grantee," or "applicant," means the entity providing land use training or creating land use law resources when done by an agency, individual, or company other than the ombudsman.

(15) "Quarterly report" means timely activity reporting of grant activities required by an awarded land use training fund applicant as detailed within the grant agreement.

(16) "Request" or "reimbursement request" means the application provided by the ombudsman for a fund reimbursement request.

(17) "Termination date" means the date the grant agreement expires. All reimbursement requests received beyond the termination date identified within the associated grant agreement may be denied.

(18) "Upfront funding" means funding requested in writing within an application allowing for fund availability for project-specific deliverables of a specified amount upon full execution of the grant agreement, as opposed to via reimbursement following delivery of said deliverables. The total amount or percentage of upfront funding allowed may change between funding cycles and is at the full discretion of the executive director or their designee.

(19) "Upfront funding disbursement" means the application provided by the ombudsman for a request to disperse land use training funds that have been approved for use immediately upon execution of a grant agreement.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-3 Reimbursements to the Office of the Property Rights Ombudsman

(1) The ombudsman shall use the fund to pay or reimburse any expenses, including personnel salaries, course development costs, travel, and other related expenses, as agreed upon by the ombudsman and the executive director, that are incurred as a result of:

(a) administering the fund; or

(b) conducting training activities under Subsection 13-43-203(1)(g); or

(2) Any payment made under this section shall first be approved by:

(a) the advisory board; and

(b) the executive director.

(3) The fact that an expenditure type is reimbursable to the ombudsman under this subsection has no impact on whether an item is reimbursable as a grant under Section R151-5-4.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-4 Grants to Providers -- Eligibility Criteria

(1) To be eligible to receive funds, the provider's program or resource shall primarily focus on:

(a) the drafting, application, maintenance or explanation of land use laws, and regulations; or

(b) land use dispute resolution; or

(c) the drafting, application, creation, maintenance, or implementation of resources focused on land use education, technical support, or planning best practices; or

(d) collaborative or partnership training and educational activities focused on assisting citizens and government agencies in understanding and complying with property rights laws.

(2) Program training or resource applications shall be categorized as:

(a) "direct land use training and education activities," which consist of live or prerecorded seminars, lectures, conference sessions, webinars, continuing or online education programs, video or audio productions, slide shows, or similar activity; or

(b) "land use technical support resources," which consist of the drafting, updating, creating, or maintaining pamphlets, articles, templates, guidebooks, websites, apps, models, or other technical deliverables approved by the advisory board; or

(c) "other," activities that the advisory board determines are supportive of land use training, education, or resource development.

(3) An applicant must timely submit a complete application package to be considered for approval within the Land Use Fund program. A complete application package must include, at a minimum:

(a) a fully completed and signed Land Use Training Fund Grant Application Form;

(b) a comprehensive scope of work detailing the agenda or project deliverables being proposed;

(d) a timeline associated with the proposed activities; and

(e) a line-item budget detailing the proposed expenditures.

(4) All final deliverables associated with a land use-funded project shall be provided to the state for open and free use at the conclusion of the project's agreement period. This includes copies, files, or recordings of presentations, seminars, tools, resources, guidebooks, documents, marketing materials, and non-proprietary data. The state reserves the right to market, publish, unpublish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared by an applicant under an associated agreement in any form at any time as they see fit.

(5) The following factors should be considered when determining whether to approve, approve with conditions, or deny a grant application:

(a) timely submission of a complete application;

(b) previous experience in providing training or resources;

(c) how well the education or resource fits in with the land use education and training objectives of Subsection 13-43- 203(1)(i)(i);

(d) whether the training or resource addresses current Utah land use law, planning issues, and best practices;

(e) the target audience;

(f) the location or region of the state targeted by the education or resource;

(g) cost estimates, including cost-per-attendee or cost-per-use estimates;

(h) the expected number of students, hours of instruction, and the ratio of students per dollar spent, or the expected number of potential users of the resource;

(i) if a training, the percentage of training costs paid for by the student;

(j) any other considerations deemed important by the advisory board, the ombudsman, or the executive director; and

(k) available funds.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-5 Grants to Providers -- Procedures for the Submission and Review of Grant Applications

(1) A provider shall submit a completed grant application to the ombudsman on a form provided for that purpose.

(2) The application deadlines may be subject to change from time to time.

(3) Current application deadlines are published on the Office of the Property Rights Ombudsman website.

(4) Submissions received after the deadline will be considered in the next review cycle.

(5) The ombudsman shall receive and review each grant application to ensure the required information has been included and conforms with this rule. A checklist is included within the application to assist applicants in identifying all the required information for a complete application submittal. Forms not fully completed will be returned to the applicant for revision and resubmittal.

(6) The ombudsman shall submit the completed grant application to the advisory board for review.

(7) The advisory board shall review each complete application according to the criteria set forth in Section R151-5-4.

(8) After review, the advisory board may approve, approve with modifications or conditions, or deny each application.

(9) The advisory board review may be done in person or by electronic means in accordance with Title 63G, General Government.

(10) A grant application approved by the advisory board shall then be reviewed by the ombudsman, the fund manager, and the executive director or their designees, who may jointly approve the application, approve the application with conditions, or deny the application.

(11) Providers will be notified of the status of their grant application once a decision has been made. All funding decisions are final.

(12) If approved, the applicant will need to enter into a fully executed grant agreement with the state before disbursement of any land use training funds.

(13) If denied, an applicant may choose to re-apply in a future round. All provisions for application submission and consideration in effect at that time will apply.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-6 Grants to Providers -- Procedures for Reimbursement

(1) Only approved grants with an associated executed grant agreement are eligible for expense reimbursement or upfront funding requests.

(2) A provider shall submit reimbursement or upfront funding requests on forms provided by the ombudsman for that purpose. Forms not fully completed will be returned to the applicant for revision and resubmittal.

(3) For any upfront funding included within an executed agreement, a provider shall submit both:

(a) a request for upfront funding disbursement aligning with the approved amount and activities noted within the grant agreement; and

(b) receipts, invoices, and other supporting documentation requested by the ombudsman or the executive director to validate use of the funds disbursed in accordance with the agreement period identified in the associated executed grant agreement.

(4) For reimbursements, a provider shall include receipts, invoices, and supporting documentation of expenditures, including proof of payment if requested by the ombudsman or the executive director.

(5) A provider shall submit the complete reimbursement request in accordance with Sections R151-5-7 through Sections R151-5-10, and the agreement period identified within the associated executed grant agreement following the approved event, class, seminar, or resource release date.

(6) The failure to submit a complete reimbursement request and all associated required documentation within the grant agreement period identified within the associated executed grant agreement shall result in the denial of reimbursement, or demand that any or all upfront funding amounts disbursed be returned.

(7) Reimbursement and upfront funding requests accepted by the ombudsman for review shall be reviewed by the ombudsman, the fund manager, and the executive director or their designees, and may be approved, approved with conditions, or denied.

(8) Reimbursement and upfront funding funds may be paid only:

(a) for eligible expenditures executed in good faith with the intent to ensure the best reasonable value; and

(b) pursuant to a reimbursement or upfront funding request form that has been signed and approved by the ombudsman, the fund manager, and the executive director, or their designees.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-7 Grants to Providers -- Reimbursement Guidelines Direct Land Use Training and Education Activities

(1) The reimbursement rates and details for personnel are as follows:

(a) Instructor fees are generally limited to $150 per instructor per instruction hour. Reimbursement for preparation time by an instructor is generally limited to $150 per hour, with a maximum of three hours of preparation per instructor per hour of instruction time produced. Reimbursement for presentations is generally limited to two instructors at a time.

(b) The reimbursement rate for panelist fees is generally limited to $75 per hour per panelist. Reimbursement for preparation time by a panelist is generally limited to $75 per hour, with a maximum of one hour of preparation per hour of panel participation.

(2) The reimbursement rate and total hours for all those participating in the training preparation or presentation shall be reasonable, appropriate to the task, and directly related to preparing for or providing the training.

(3) A request for reimbursement for expenses such as workbooks, study guides, textbooks used in the education course, meeting rooms or facilities, audio and visual equipment rental costs if needed, actual printing costs, reasonable cost of advertising materials, mailing and postage costs, and similar training preparation expenses may be submitted for approval.

(4) Proof of payment is required to substantiate all costs submitted for reimbursement or to account appropriately for any upfront funding provided, if applicable.

(5) The ombudsman or executive director may require further justification from the provider for any grant applications in excess of these general guidelines.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-8 Grants to Providers -- Reimbursement Guidelines to Produce Land Use Technical Support Resources

(1) The reimbursement rates to produce land use technical support resources shall be determined on a project-by- project basis, taking into account the specific deliverables and products being presented for consideration. Only those costs and activities approved by the advisory board and executive director associated with a submitted application are eligible for reimbursement or upfront funding.

(2) Proof of payment is required to substantiate all costs submitted for reimbursement or to account appropriately for any upfront funding provided, if applicable.

(3) The ombudsman or executive director may require further justification and documentation from the provider for any grant applications within this category.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-9 Grants to Providers -- Reimbursement Guidelines for Providing Other Training Programs or Land Use Law Resources

(1) Grant Applications for training methods other than standard seminars, lectures, or training videos shall include justification by the provider, including details of the proposed training purpose, required preparation time, and method of delivery.

(2) Grant Applications for creating land use law resources shall include justification by the provider including details of the proposed resource purpose, required preparation time, and method of delivery.

(3) The reimbursement rate and total hours of all personnel time requested to assist in the proposed training or resource preparation and presentation shall be reasonable, appropriate to the task, and directly related to preparing for or providing the training or resource.

(4) A request for reimbursement for expenses such as workbooks, study guides, textbooks used in the education course, meeting rooms or facilities, audio and visual equipment rental costs if needed, actual printing costs, reasonable cost of advertising materials, mailing and postage costs, and similar training preparation expenses may be submitted for approval.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-10 Grants to Providers -- Generally Applicable Reimbursement Guidelines

(1) Funds may be expended only as reimbursement or approved upfront funding for expenditures incurred in preparing for and providing eligible and approved activities. Funds may not be expended unless a fully executed grant agreement exists.

(2) If providing training, the reimbursement rate for all training participants are subject to a cap of $3,000 total for each provider per day, including airfare, vehicle mileage, and meals.

(3) If a training provider is required to travel to or from a remote or rural Utah location, the provider may be compensated up to $50 an hour for time traveling to and from the event venue in addition to mileage costs.

(4) Funds may not be paid to any state or local government employee for any time period in which the employee is also being paid wages.

(5) Reimbursements for meals, mileage, and lodging may not exceed current rates for mileage and daily travel per diem, as determined by the state.

(6) Gift cards, door prizes, and the cost of food and food services provided to training participants may not be paid or reimbursed from the fund.

(7) Any items that do not qualify for state funding shall be paid for by the provider, participant, or sponsor of the program.

(8) Training programs or land use law resources which receive sponsorships or grants from other sources are eligible for reimbursement on a net cost basis after subtracting sponsorships or grants from other sources.

(9) If providing a training, the total reimbursement shall generally be the lesser of $15 per student hour or the actual approved expenditures, with a minimum reimbursement limit of $150 multiplied by the number of hours or instruction provided.

(10) Grant applications requesting funds in excess of these guidelines requires further justification by the provider in the grant application.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

Utah Admin. Code R151-5-11 Grants to Providers -- Reimbursement May Exceed Approved Grant Application Estimates When Warranted

(1) Understanding that it is difficult to foresee some expenses, and that prices may fluctuate, reimbursement requests may be approved up to 20% above an approved grant application amount if actual expenditures reasonably exceed estimated expenditures.

(2) Approval to exceed the approved grant amount is solely at the discretion of the ombudsman and executive director or their designees.

(3) A provider shall submit written justification for exceeding expected expenditures with the reimbursement request.

(4) A provider's justification shall include any efforts made to provide the training or resource within the approved grant amount.

History

KEY: property rights
Date of Last Change: July 8, 2026
Authorizing, and Implemented or Interpreted Law: 15A-1-209(5)(c)(iii)

R151-14 New Automobile Franchise Act Rule

Utah Admin. Code R151-14-1 Title

This rule shall be known as the "New Automobile Franchise Act Rule."

History

KEY: adjudicative proceedings, automobiles, motor vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-14-101 et seq.

Utah Admin. Code R151-14-2 Authority - Purpose

In accordance with the New Automobile Franchise Act, Title 13, Chapter 14, this rule governs adjudicative proceedings before the executive director of the Department of Commerce, and is adopted under the authority of Subsection 13- 14-104(2).

History

KEY: adjudicative proceedings, automobiles, motor vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-14-101 et seq.

Utah Admin. Code R151-14-3 Adjudicative Proceedings

(1) An adjudicative proceeding before the executive director is designated as an informal adjudicative proceeding.

(2) In addition to Title 63G, Chapter 4, Utah Administrative Procedures Act, an adjudicative proceeding under the New Automobile Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-4.

(3) Any correspondence or other submission shall be directed to the executive director of the Department of Commerce or designee.

(4)(a) A notice of agency action by the agency shall comply with the requirements of the Utah Administrative Procedures Act, Subsection 63G-4-201(2).

(b)(i) A request to commence an adjudicative proceeding pursuant to Subsection 13-14-107(1), shall be a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE" and captioned "Request for Agency Action."

(ii) The pleading shall substantially comply with the Utah Administrative Procedures Act, Subsection 63G-4-201(3), and Sections R151-4-201 through R151-4-204.

(5) If the presiding officer determines that an answer to a notice of agency action or request for agency action would be helpful to the proceeding, the presiding officer may order a party to file an answer.

(6)(a) An evidentiary hearing shall be held for a matter brought under:

(i) Section 13-14-202 Sale or transfer of ownership;

(ii) Section 13-14-203 Succession to franchise;

(iii) Section 13-14-301 Termination or noncontinuance of franchise; or

(iv) Section 13-14-302 Issuance of additional franchises -relocation of existing franchisees.

(b)(i) Pursuant to Subsection 63G-4-203(1), discovery is prohibited, but the presiding officer may issue subpoenas requiring the appearance of witnesses at an evidentiary hearing or the production of documents.

(ii) Any subpoena issued shall conform with the requirements in Section R151-4-513; and

(iii) The party requesting a subpoena shall comply with the requirements in Section R151-4-712.

(c) The parties to the action may submit memoranda, exhibits, expert opinions, and affidavits to support their positions in accordance with any scheduling order entered by the presiding officer.

(7)(a) An adjudication requested under any section not listed in Subsection R151-14-3(6)(a) shall be conducted without an evidentiary hearing.

(b) The parties to the action may submit memoranda, exhibits, written expert opinions, and affidavits in support of their positions in accordance with any scheduling order entered by the presiding officer.

History

KEY: adjudicative proceedings, automobiles, motor vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-14-101 et seq.

Utah Admin. Code R151-14-4 Registration

(1) Each franchisor or franchisee doing business in this state shall submit an application for registration on a registration form available on the department's website.

(2) A registrant may use the form available on the department's website as its initial or renewal registration or may submit a registration or renewal request in another format so long as that request contains the following information:

(a) the name of the dealership or manufacturer;

(b) the address of the dealership or manufacturer;

(c) the names of any owners or stockholders with 5% or more ownership interest in the company and the percentage of their interest;

(d) the line-makes manufactured, distributed, or sold;

(e) if applicable, the dealer number;

(f) the name and address of the person designated for receiving notices or process pursuant to the New Automobile Franchise Act; and

(g) the email address where the department may send renewal applications and certificates of registration.

(3) The processing of an application for registration by the department may be delayed for a reasonable time to give the registrant an opportunity to cure technical defects in an application for registration.

History

KEY: adjudicative proceedings, automobiles, motor vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-14-101 et seq.

R151-35 Powersport Vehicle Franchise Act Rule

Utah Admin. Code R151-35-1 Title

This rule shall be known as the "Powersport Vehicle Franchise Act Rule."

History

KEY: motorcycles, powersport vehicles, off road vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-35-101 et seq.

Utah Admin. Code R151-35-2 Authority - Purpose

In accordance with the Powersport Vehicle Franchise Act, Title 13, Chapter 35, this rule governs adjudicative proceedings before the executive director of the Department of Commerce, and is adopted under the authority of Subsection 13- 35-104(2).

History

KEY: motorcycles, powersport vehicles, off road vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-35-101 et seq.

Utah Admin. Code R151-35-3 Adjudicative Proceedings

(1) An adjudicative proceeding before the executive director is designated as an informal adjudicative proceeding.

(2) In addition to Title 63G, Chapter 4, Utah Administrative Procedures Act, an adjudicative proceeding under the Powersport Vehicle Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-4.

(3) Any correspondence or other submission shall be directed to the executive director of the Department of Commerce or designee.

(4)(a) A notice of agency action by the agency shall comply with the requirements of the Utah Administrative Procedures Act, Subsection 63G-4-201(2).

(b)(i) A request to commence an adjudicative proceeding pursuant to Subsection 13-35-107(1), shall be a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE" and captioned "Request for Agency Action."

(ii) The pleading shall substantially comply with the Utah Administrative Procedures Act, Subsection 63G-4-201(3), and Sections R151-4-201 through R151-4-204.

(6)(a) An evidentiary hearing shall be held for a matter brought under:

(i) Section 13-35-202 Sale or transfer of ownership;

(ii) Section 13-35-203 Succession to franchise;

(iii) Section 13-35-301 Termination or noncontinuance of franchise; or

(iv) Section 13-35-302 Issuance of additional franchises - relocation of existing franchisees.

(ii) Any subpoena issued shall conform with the requirements in Section R151-4-513; and

(iii) The party requesting a subpoena shall comply with the requirements in Section R151-4-712.

(c) The parties to the action may submit memoranda, exhibits, expert opinions, and affidavits to support their positions in accordance with any scheduling order entered by the presiding officer.

(7)(a) An adjudication requested under any section not listed in this Subsection R151-35-3(6)(a) shall be conducted without an evidentiary hearing.

History

KEY: motorcycles, powersport vehicles, off road vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-35-101 et seq.

Utah Admin. Code R151-35-4 Registration

(1) Each franchisor or franchisee doing business in this state shall submit an application for registration on a registration form available on the department's website.

(a) the name of the dealership or manufacturer;

(b) the address of the dealership or manufacturer;

(c) the names of any owners or stockholders with 5% or more ownership interest in the company and the percentage of their interest;

(d) the line-makes manufactured, distributed, or sold;

(e) if applicable, the dealer number;

(f) the name and address of person designated for receiving notices or process pursuant to the Powersport Vehicle Franchise Act; and

(g) the email address where the department may send renewal applications and certificates of registration.

History

KEY: motorcycles, powersport vehicles, off road vehicles, franchises
Date of Last Change: October 1, 2024
Notice of Continuation: May 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-35-101 et seq.

R152 Consumer Protection

R152-1 Public List Rule

Utah Admin. Code R152-1-101 Purpose

The purpose of this rule is to:

(1) establish a public list that identifies a person who:

(a) violates a chapter described by Subsection 13-2-102(2), or a rule made by the division;

(b) without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by the division or a court of competent jurisdiction;

(c) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division;

(2) establish a process by which a person may be removed from the list described by Subsection R152-1-101(1); and

(3) aid the division's administration and enforcement of the chapters listed in Section 13-2-102.

History

KEY: consumer protection, public list
Date of Last Change: August 19, 2026
Notice of Continuation: February 19, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-102(3); 13-2-106(1)

Utah Admin. Code R152-1-102 Authority

This rule is enacted in accordance with Subsections 13-2-102(3) and 13-2-106(1).

History

KEY: consumer protection, public list
Date of Last Change: August 19, 2026
Notice of Continuation: February 19, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-102(3); 13-2-106(1)

Utah Admin. Code R152-1-103 Definitions

"Public list" means the list of persons compiled and published by the division in accordance with this rule.

History

KEY: consumer protection, public list
Date of Last Change: August 19, 2026
Notice of Continuation: February 19, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-102(3); 13-2-106(1)

Utah Admin. Code R152-1-201 Placement on the Public List

(1) The division may place a person on the public list in accordance with Subsection 13-2-102(3)(a).

(2) A person fails to comply with a subpoena issued by the division, as described by Subsection 13-2-102(3)(a)(ii), when:

(a) the subpoena is sent by certified mail, properly addressed to the person, the person's registered agent, or the person's counsel, and the subpoena is returned to the division as refused or rejected;

(b) the person who is responsible to respond to the subpoena:

(i) allows a compliance deadline, as set forth in a statute, rule, subpoena, court order, or agreement with the division to pass without acting or communicating with the division; or

(ii) without proper legal justification, indicates to the division that the person does not intend to comply with or fully respond to the subpoena; or

(c) the division determines the person has failed to respond based upon circumstances comparable to those described by Subsection R152-1-201(2)(a) or (b).

History

KEY: consumer protection, public list
Date of Last Change: August 19, 2026
Notice of Continuation: February 19, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-102(3); 13-2-106(1)

Utah Admin. Code R152-1-202 Removal from the Public List

(1) A person whose name is included in the public list may be removed from the public list if:

(a)(i) the division has not received a consumer complaint against the person for a period of 90 consecutive days after the person was placed on the public list; and

(ii) the person fully complies with any order entered by the division or court against the person, including full payment of any administrative fine imposed;

(b) the person fully responds to a subpoena issued by the division, or at the division's discretion, provides a satisfactory response to a subpoena issued by the division; or

(c) the person enters a settlement or other agreement with the division that includes as a term of the agreement the person's removal from the public list; and

(d) the person requests, in writing, removal from the public list.

(2) The division may remove a person from the public list at its discretion if it determines removal serves the public interest or the interest of justice.

History

KEY: consumer protection, public list
Date of Last Change: August 19, 2026
Notice of Continuation: February 19, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-102(3); 13-2-106(1)

R152-1a Internet Content Provider Ratings Methods Rule

Utah Admin. Code R152-1a-101 Purpose

The purpose of this rule is to establish acceptable rating methods to be implemented by a content provider in accordance with Section 76-5c-403.

History

KEY: Internet ratings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: March 12, 2026
Authorizing, and Implemented or Interpreted Law: 76-5c-403

Utah Admin. Code R152-1a-102 Authority

This rule is promulgated in accordance with Subsection 76-5c-403(4).

History

KEY: Internet ratings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: March 12, 2026
Authorizing, and Implemented or Interpreted Law: 76-5c-403

Utah Admin. Code R152-1a-103 Definitions

(1) "HTML" means Hypertext Markup Language, the authoring language used to create documents on the Internet, which defines the structure and layout of an Internet document.

(2) "URL" means an Internet address, usually consisting of at least an access protocol and a domain name.

History

KEY: Internet ratings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: March 12, 2026
Authorizing, and Implemented or Interpreted Law: 76-5c-403

Utah Admin. Code R152-1a-201 Acceptable Rating Methods

(1) A content provider's rating method is acceptable when:

(a) the content provider rates material harmful to minors with one of the following labels:

(i) "XXX" in capital letters;

(ii) "xxx" in lower case letters; or

(iii) "-NFM-" which consists of the letters NFM in capital letters, immediately preceded and followed by a single hyphen, en dash, or em dash; and

(b) the label described in Subsections R152-1a-201(1)(a)(i) through (iii) is placed in at least one of the following locations:

(i) if the material harmful to minors is contained in an Internet website:

(A) within the website's URL; or

(B) within the first 300 characters of the website's HTML;

(ii) if the material harmful to minors is contained in an email message:

(A) in the email message's first 300 characters;

(B) in the email message's subject line;

(D) in any descriptive header in the email message; or

(iii) if the material harmful to minors is contained in a chat room message or any other instant message:

(A) within the chat room message or instant message's first 300 characters; or

(B) within the personal identification of the chat room message or other instant message's sender.

History

KEY: Internet ratings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: March 12, 2026
Authorizing, and Implemented or Interpreted Law: 76-5c-403

R152-6 Administrative Procedures Act Rule

Utah Admin. Code R152-6-101 Purpose

The purpose of this rule is to designate adjudicative proceedings before the division as informal adjudicative proceedings.

History

KEY: administrative procedures, government hearings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 63G-4-202(1)

Utah Admin. Code R152-6-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1) and 63G-4-202(1).

History

KEY: administrative procedures, government hearings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 63G-4-202(1)

Utah Admin. Code R152-6-103 Definitions

Reserved.

History

KEY: administrative procedures, government hearings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 63G-4-202(1)

Utah Admin. Code R152-6-201 Designation of Adjudicative Proceedings

(1) Adjudicative proceedings conducted by the division are designated as informal adjudicative proceedings.

(2) A party may move to convert a proceeding to a formal adjudicative proceeding in accordance with Subsection 63G-4-202(3).

(3) No hearing will be held unless specifically allowed or required by any law administered by the division, or by Title 63G, Chapter 4, Administrative Procedures Act.

History

KEY: administrative procedures, government hearings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 63G-4-202(1)

Utah Admin. Code R152-6-202 Designation of Presiding Officer

The presiding officer in any proceeding shall be the director of the division. The director may designate another person to act as presiding officer in any proceeding or portion thereof.

History

KEY: administrative procedures, government hearings, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 63G-4-202(1)

R152-11 Utah Consumer Sales Practices Act Rule

Utah Admin. Code R152-11-1 Purposes, Rules of Construction

A. These substantive rules are adopted by the Director of the Division of Consumer Protection pursuant to Section 8 of Chapter 188 of the Laws of Utah, 1973 (Utah Consumer Sales Practices Act, Utah Code Annotated Section 13-11-1 et seq., as amended). Without limiting the scope of any section of the Utah Consumer Sales Practices Act or any other rule, these rules are intended to promote their purposes and policies. The purpose and policies of these rules are to:

(1) define with reasonable specificity acts and practices which violate Section 4 of the Utah Consumer Sales Practices Act.

(2) protect consumers from suppliers who engage in referral sellings, commit deceptive acts or practices, or commit unconscionable acts or practices.

(3) encourage the development of fair consumer sales practices.

(4) supplement and compliment any other rules promulgated by the State of Utah or any agency or subdivision thereof or any other governmental entity.

B. Definitions.

(1) "Advertisement" means any written, visual, or oral communication made to a consumer by means of newspaper, magazine, circular, billboard, direct mailing, sign, radio, television or otherwise, which identifies or represents the terms of any item of goods, service, franchise, distributorship or intangible which may be transferred in a consumer transaction.

(2) "Consumer Commodity" means any subject of a consumer transaction.

(3) "Express Authorization" means the agreement of the consumer expressed in a form that is evidenced by a written agreement signed by the consumer or by any electronically transferred authorization from the consumer that is stored, recorded, or retained by the supplier, such as a facsimile transmission, e-mail, telephonic, or other electronic means.

(4) "Fixture" or "Fixtures" means goods or products that are not readily removable from a permanent structure or land itself such as shingling, siding and or windows or other like improvements and which, when they thus become so related to particular real estate that an interest in them arises under real estate law.

(5) "Goods" mean all things which are movable at time of identification to the contract for sale other than the money in which the price is to be paid and things in action.

(6) "Service" means performance of labor or any act for the benefit of another.

(7) "Offer" means any attempt to effect, an offer to enter into a consumer transaction.

(8) "Product" means any goods, services, consumer commodity, or other property, both tangible and intangible (except securities and insurance) which is the subject or object of a consumer transaction.

(9) All other terms used in these regulations shall carry the same meaning and definition as in the Utah Consumer Sales Practices Act unless otherwise specified, consistent with that Act.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-2 Exclusions and Limitations in Advertisement

A. It is a deceptive act or practice for a supplier in connection with a consumer transaction, in the sale or offering for sale of a consumer commodity to make any offer in written or printed advertising or promotional literature without stating clearly and conspicuously in close proximity to the words stating the offer of any material exclusions, reservations, limitations, modifications, or conditions. The following are examples of the types of material exclusions, reservations, limitations, modifications, or conditions of offers which must be clearly stated:

(1) An advertisement for any consumer commodity not disclosing the amount of any additional charge for any of the features displayed or listed in the advertisement would be deceptive.

(2) An advertisement for an article of clothing must state that there is an additional charge for sizes above or below a certain size if such is the case.

(3) An advertisement which offers floor covering with an additional charge for room sizes above or below a certain size must disclose the nature and amount of additional charge.

(4) An advertisement for a consumer commodity sold from more than one outlet under the direct control of the supplier causing the advertisement to be made must state:

(a) Which outlets within the area served by the publication in which the advertisement appears either have or do not have certain features mentioned in the advertisement;

(b) Which outlets within the area served by the publication in which the advertisement appears charge rates higher than the rate mentioned in advertisement. For example:

TABLE

"Rug Shampooer - $15.00 a day at

West 3rd Street South Office -

all other locations are more."

(c) An advertisement for a consumer commodity sold from outlets not under the direct control of the supplier causing the advertisement to be made does not violate Section 2a(4)(a) or 2a(4)(b) of this rule if it states that the consumer commodity is available only at participating independent dealers.

(5) An advertisement for any consumer commodity requiring installation must reflect the exact price of the commodity and if the price includes installation or if installation is addi tional.

(6) If the advertised price is available only during certain hours of the day or certain days of the week that fact must be stated along with the hours and days the price is available.

(7) If the advertisement involves or pictures more than one consumer commodity (for example: a sofa, cocktail table and two commodes) and the advertised price applies only if the complete set is purchased, that fact must be stated.

(8) If there is a minimum amount (or maximum amount) that must be purchased for the advertised price to apply, that fact must be stated.

(9) If an advertisement specifies a price for a consumer commodity which includes a trade-in, that fact must be stated. For example: a 6 volt battery for $50.00 plus your old battery.

(10) If there are "additional" items that must be purchased for the advertised price to apply that fact must be so stated.

(11) These examples are intended to be illustrative only and do not limit the scope of any section of the Utah Consumer Sales Practices Act or of this or any other rule or regulation.

B. Offers made orally, such as through radio or television advertising, must include a conspicuously clear and oral statement of any material exclusions, reservations, modifications, or conditions.

C. If an error is made in advertising, either by pricing, wording, picture, or description, it shall be the responsibility of the supplier to retract or correct the error. A retraction is necessary when it cannot be shown that the error was due to the fault of the advertising medium. If it can be documented that the responsibility rests with the advertising medium, a retraction by the supplier is not necessary but the supplier may post a correction in close proximity to the merchandise which was advertised incorrectly.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-3 Bait Advertising/Unavailability of Goods

A. Definitions: For the purposes of this rule, the following definitions shall apply:

(1) "Raincheck" means a written document evidencing a consumer's entitlement to purchase advertised items at an advertised price within the time limits set forth in paragraph d. of this rule.

(2) "Salesperson" means the supplier or his agent or employee who interacts personally or directly with a consumer in negotiating or effecting a consumer transaction.

B. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to offer to sell consumer commodities when the offer is not a bona fide effort to sell the advertised consumer commodities. An offer is not bona fide if:

(1) A supplier uses a statement or illustration in any advertisement which would create in the mind of a reasonable consumer a false impression of the grade, quality, quantity, make, value, model, year, size, color, usability, or origin of the consumer commodities offered or which otherwise misrepresents the consumer commodities in such a manner that, on subsequent disclosure or discovery of the true facts, the consumer is diverted from the advertised consumer commodities to other consumer commodities. An offer is not bona fide, even though the true facts are made known to the consumer before he views the advertised consumer commodities, if the first contact or interview is secured by deception.

(2) A supplier discourages the purchase of the advertised consumer commodities in order to sell other consumer commodities. This does not however, prohibit the good faith recommendation concerning a different consumer commodity as it relates to a consumer's particular or unique needs or problems concerning the consumer commodity. The following are examples of acts or practices which raise a presumption that an offer to sell consumer commodities is not bona fide:

(a) Refusal to show, demonstrate, or sell the consumer commodities advertised in accordance with the terms of the advertisement;

(b) Disparagement by the supplier either by acts or words of the advertised consumer commodities or of the guarantee, credit terms, availability of service, repairs, or parts, or any other respects of the consumer commodities;

(c) The failure of a supplier to have available at all outlets under its direct control, or listed in the advertisement, a sufficient quantity of the advertised consumer commodities at the advertised price to meet reasonably anticipated demands, unless the advertisement clearly and adequately disclosed that there is a limited quantity of advertised consumer commodities available and/or that the consumer commodities are available only at the designated outlets;

(d) The failure to give rainchecks to consumers where the advertisement does not disclose that there is a limited quantity or availability of consumer commodities. Suppliers who clearly and consistently post a raincheck policy for public review shall be exempt from this section;

(e) The showing or demonstrating of defective, unusable, or impractical consumer commodities when such defective, unusable, or impractical nature is not fairly and adequately disclosed in the advertisement;

(f) The use of a sales plan or method of compensation for salesperson designed to prevent or discourage them from selling the advertised consumer commodity. This does not, however, prohibit the usual and reasonable use of commissions as a means of compensation;

(g) The demonstration of an advertised consumer commodity in such a manner that makes the commodity appear inferior.

(3) A supplier, in the event of a sale to the consumer of the offered consumer commodities, attempts to persuade a consumer to repudiate the purchase of the offered commodities and purchase other consumer commodities in their stead, by any means, including but not limited to the following:

(a) Accepting a consideration for the offered consumer commodities and then switching the consumer to other commodities;

(b) Delivering offered consumer commodities which are unusable or impractical for the purposes represented or materially different from the offered consumer commodities. The purchase on the part of some consumers of the offered consumer commodities is not in itself prima facie evidence that the offer is bona fide.

(4) A supplier represents in any advertisement, which would create in the mind of the consumer, a false impression that the offer of goods has been occasioned by a financial or natural catastrophe when such is not true.

(5) A supplier misrepresents the former price, savings, quality or ownership of any goods sold.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-4 Use of the Word "Free" etc

A. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to use the word "free" or other words of similar import or meaning, except when such representation is, in fact, the case and the cost of the "free" consumer commodity is not passed on to the consumer by raising the regular price of the consumer commodity that must be purchased in connection with the "free" offer.

(1) The meaning of "free".

(a) An offer of "free" consumer commodities is based upon a regular price for the merchandise or services which must be purchased by consumers in order to avail themselves of that which is represented to be "free." Such consumer commodities are not free if the supplier will directly and immediately recover, in whole or in part, the costs of the free consumer commodities by marking up the price of the other consumer commodities which must be purchased, by the substitution of inferior consumer commodities, or otherwise.

(b) For the purpose of this rule, all references to the word "free" shall include within the term all other words of similar import and meaning. Representative of the word or words to which this rule is applicable would be the following: "free"; "buy one, get one free"; "two for one sale"; "50% off the purchase of two"; "gift"; "given without charge"; "bonus" or other words and terms which tend to convey to the consuming public the impression that an item of a consumer commodity is "free".

(2) The meaning of "regular price".

(a) The term "regular price" means the price in the same quantity, quality, and with the same service, at which the seller or advertiser of the consumer commodity has openly and actively sold the consumer commodity in the geographic market or trade area in which he is making a "free" or similar offer in the most recent and regular course of business for a reasonably substantial period of time. For consumer products or services which fluctuate in price, the "regular price" shall be the lowest price at which any substantial sales were made during the aforementioned period of time.

(b) Negotiated sales. If a consumer commodity usually is sold at a price arrived at through bargaining, rather than at a regular price, it is improper to represent that another consumer commodity is being offered "free" with the sale, unless the supplier is able to establish a mean, average price immediately prior to the free offer. The same representation is also improper where there may be a regular price, but where other material factors such as quantity, quality, or size are arrived at through bargaining.

(3) Frequency of offers.

(a) In order to establish a regular price over a reasonably substantial period of time, a single kind of consumer commodity should not be advertised with a "free" offer in a trade area for more than six months in any twelve-month period. At least 30 days should elapse before another such offer is promoted in the same trade area. No more than three such offers should be made in the same area in any twelve-month period.

B. Disclosure of Conditions. A "free" or similar offer is deceptive unless all the terms, conditions, and obligations upon which receipt and retention of the "free" item are contingent are set forth clearly and conspicuously at the outset of the offer so as to leave no reasonable probability that the terms of the offer might be misunderstood.

C. Combination Offer. This rule does not preclude the use of nondeceptive, "combination" offers in which two or more items of consumer commodities such as, but not limited to, toothpaste and a toothbrush, or soap and deodorant, or clothing and alterations are offered for sale as a single unit at a single state price, and, in which no representation is made that the price is being paid for one item and the other is "free." Similarly, suppliers are not precluded from settling a price for an item of consumer commodities which also includes furnishing the consumer with a second, distinct item of consumer commodities at one inclusive price if no presentation is made that the latter is free.

D. Introductory Offers. No "free" offers should be made in connection with the introduction of a new consumer commodity offered for sale at a specified price unless the offerer expects in good faith to discontinue the offer after a limited time and to commence selling the consumer commodity promoted separately, at the same price at which it was promoted with a "free" offer.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-5 Repairs and Services

A. It shall be a deceptive act or practice in connection with a consumer transaction involving repairs, inspections, or other similar services for a supplier to:

(1) Fail to obtain the consumer's express authorization for repairs, inspections, or other services. The authorization shall be obtained only after the supplier has clearly explained to the consumer the anticipated repairs, inspection or other services to be performed, the estimated charges for those repairs, inspections or other services, and the reasonably expected completion date of such repairs, inspection or other services to be performed, including any charge for re-assembly of any parts disassembled in regards to the providing of such estimate. For repairs, inspections or other services that exceed a value of $50, a transcript or copy of the consumer's express authorization shall be provided to the consumer on or before the time that the consumer receives the initial billing or invoice for supplier's performance. This rule is in addition to the requirements of any other statute or rule;

(2) Fail to obtain the consumer's express authorization for additional, unforeseen, but necessary, repairs, inspections, or other services when those repairs, inspections, or other services amount to ten percent (10%) or more (excluding tax) of the original estimate. A transcript or copy of the consumer's express authorization shall be provided to the consumer on or before the time that the consumer receives the initial billing or invoice for supplier's performance. This rule is in addition to the requirements of any other statute or rule;

(3) Fail to re-assemble any parts disassembled for inspection unless the consumer is so advised, prior to acceptance for inspection by supplier that there will be a charge for re-assembly of the parts or that it is not possible to re-assemble s uch parts;

(4) Charge for repairs, inspections, or other services which have not been authorized by the consumer;

(5) In the case of an in-home service call where the consumer had initially contacted the supplier, to fail to disclose before the supplier's repairman goes to the consumer's residence that a service or diagnostic charge will be imposed, even though no repairs may be effected;

(6) Represent that repairs, inspections, or other services are necessary when such is not the fact;

(7) Represent that repairs, inspections, or other services must be performed away from the consumer's residence when such is not the fact;

(8) Represent that repairs, inspections or other services have been made when such is not the fact;

(9) Represent that the goods being inspected or diagnosed are in a dangerous condition or that the consumer's continued use of them may be harmful to him when such is not the fact;

(10) Intentionally understate or misstate materially the estimated cost of repairs, inspections, or other services;

(11) Fail to provide the consumer with an itemized list of repairs, inspections, or other services performed and the reason for such repairs, inspections, or other services, including:

(a) A list of parts and a statement of whether they are new, used, rebuilt, or after market, and the cost thereof to the consumer; and

(b) The number of hours of labor charged, apportioned for each part, service or repair, and the name or other reasonable means of identification of the mechanic or repairman performing the service, provided, however, that the requirements of (b) shall be satisfied by the statement of a flat rate price if such repairs are customarily done and billed on a flat rate price basis and such has been previously disclosed to the consumer in writing.

(12) Fail to give reasonable written notice before repairs, inspections, or other services are provided, that replaced or repaired parts may be inspected or fail to allow the consumer to inspect replaced or repaired parts on request, unless:

(a) the parts are to be rebuilt or sold by the supplier and such intended reuse is made known to the consumer by written notice on the original estimate; or

(b) the parts are to be returned to the manufacturer or distributor under a written warranty agreement; or

(d) the consumer waives the return of such parts in writing after repairs are completed and a total cost is presented.

(13) Fail to provide to the consumer a written, itemized receipt for any consumer commodities that are left with, or turned over to, the supplier for repairs, inspections, or other services. Such receipt shall include:

(a) The exact name and business address of the business entity (or person, if the entity is not a corporation or partnership) which will repair or service the consumer commodities.

(b) The name and signature of the person who actually takes the consumer commodities into custody.

(c) The name of any entity to whom such repairs, inspections, or other services are sublet including the address, phone number and a contact person at such entity.

(d) A description including make and model number or such other features as will reasonably identify the consumer commodities to be repaired or serviced.

B. It shall be a deceptive act or practice in connection with a consumer transaction involving all other services not covered under Section A for a supplier to:

(1) Intentionally understate or misstate the estimated cost of the services to be provided;

(2) Fail to obtain the consumer's express authorization prior to performing services that exceed a value of $50;

(3) Fail to obtain the consumer's express authorization for any change orders, cost increases, or other amendments to the parties' contract;

(4) Fail to give the consumer written documentation containing the terms of any warranty made with respect to labor, services, products, or materials furnished;

(5) Misrepresent that the supplier has the particular license, bond, insurance, qualifications, or expertise that is related to the work to be performed;

(6) Misrepresent that the consumer's present equipment, material, product, home or a part thereof is dangerous or defective, or in need of repair or replacement;

(7) Fail to timely complete performance under the contract as represented unless the cause for the delay is beyond the supplier's control or the supplier obtains the consumer's express authorization to the supplier's delay;

(8) Wrongfully refuse to perform any obligation under a contract with the intent to induce the consumer to agree to pay a higher price than originally agreed to in the contract; or

(9) Misrepresent or mislead the consumer into believing that no obligation will be incurred because of the signing of any document, or that the consumer will be relieved of some or all obligations under a contract by the signing of any document.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-6 Prizes

A. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to notify in any way a consumer or prospective consumer that he has (1) won a prize or will receive anything of value, or (2) been selected, or is eligible, to win a prize or receive anything of value, if the receipt of the prize or thing of value is conditioned upon the consumer's listening to or observing a sales promotional effort or entering into a consumer transaction, unless the supplier clearly and explicitly discloses, at the time of notification of the prize, that an attempt will be made to induce the consumer or prospective consumer to undertake a monetary obligation irrespective of whether that obligation constitutes a consumer transaction. If a supplier states or implies a value to the prize or thing of value the true market value of such prize must be accurately stated. A supplier must further state that the prize or thing of value could not benefit the consumer or prospective consumer without the expenditure of the consumer's or prospective consumer's time or transportation expense, or that a salesman will be visiting the consumer's or prospective consumer's residence; if such is the case.

B. A statement to the effect that the consumer or prospective consumer must observe or listen to a "demonstration" or promotional effort in connection with a consumer transaction does not satisfy the requirements of this rule, unless it is reasonably clear from the information supplied to the consumer that the supplier is in the business of making consumer sales or that the intent is to encourage or induce the consumer to undertake a monetary obligation irrespective of whether that obligation constitutes a consumer transaction.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-7 New for Used

A. Except as provided in Section 7c and d of this rule, it shall be a deceptive act or practice in connection with a consumer transaction for a supplier to represent, directly or indirectly, that an item of consumer commodity, or that any part of an item of consumer commodity, is new or unused when such is not the fact, or to misrepresent the extent of previous use thereof, or to fail to make clear and conspicuous disclosures, prior to time of offer, to the consumer or prospective consumer that an item of consumer commodity has been used.

B. For the purpose of this rule, "used" shall include rebuilt, re-manufactured, reconditioned consumer commodity or parts, thereof, or used either as a demonstrator or as a consumer commodity by a previous consumer.

C. For the purpose of this rule, a returned consumer commodity which has not been used by a previous purchaser, shall be considered new or unused.

D. The disclosure that an item of consumer commodity has been used or contains used parts as required by Section 7a may be made by use of words such as, but not limited to, "used"; "second hand"; "repaired"; "re-manufactured"; "reconditioned"; "rebuilt"; or "reline"; whichever is applicable to the item of consumer commodity involved.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-8 Substitution of Consumer Commodities

A. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to furnish similar consumer commodities of equal or greater value when there was no intention to ship, deliver or install the original consumer commodities ordered. The act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this rule if such substitution is first approved by the consumer.

B. For the purpose of this rule, consumer commodities may not be considered of "equal or greater value" if they are not substantially similar to the consumer commodity ordered, or are not fit for the purposes intended, or if the supplier normally offers the substituted consumer commodities at a lower price than the "regular price".

C. It will be assumed that a supplier had no intention to deliver, ship, or install the original ordered or substitute goods if the supplier fails to ship, deliver or install the goods within 30 days of the date of the order, purchase or of the notice of delay and fails to notify the purchaser of any delay or further delay; unless the supplier can show that it has made a good faith effort to ship, deliver or install the goods or to notify the purchaser of any delay or further delay within the prescribed period.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-9 Direct Solicitations

A. It shall be a deceptive act or practice in connection with a consumer transaction involving any direct solicitation sale for a supplier to do any of the following:

(1) Solicit a sale without clearly, affirmatively, and expressly revealing at the time the seller initially contacts the consumer or prospective consumer, and before making any other statements or asking any questions, except for a greeting: the name of the seller, the name or trade name of the company, corporation or partnership the seller represents, and stating in general terms the nature of the consumer commodities the seller wishes to show or demonstrate.

(2) Represent that the consumer or prospective consumer will receive a discount, rebate, or other benefit for permitting his home or other property, real or personal, to be used as a so-called "model home" or "model property" for demonstration or advertising purposes when such, in fact, is not true;

(3) Represent that the consumer or prospective consumer has been specially selected to receive a bargain, discount, or other advantage when such, in fact, is not true;

(4) Represent that the consumer or prospective consumer is a winner of a contest when such, in fact, is not true;

(5) Represent that the consumer commodities that are being offered for sale cannot be purchased in any place of business, but only through direct solicitation, when such, in fact, is not true;

(6) Represent that the salesman representative, or agent has authority to negotiate the final terms of a consumer transaction when such, in fact, is not true;

(7) Sell, lease, or rent consumer goods or services with a purchase price of $25 or more and fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which is in the same language (e.g. Spanish) as that principally used in the oral sales presentation and which shows the date of the transaction and the name and address of the seller.

(8) Except as otherwise provided in the "Home Solicitations Sales Act", Section 70C-5-102(5) and or the "Telephone Fraud Prevention Act", Section 13-26-5, to fail to provide a notice of the buyer's right to cancel within three (3) business days at the time of purchase if the total of the sale exceeds $25, unless the supplier's cancellation policy is communicated to the buyer and the policy offers greater rights to the buyer than three days, which notice shall be in conspicuous statement written in dark bold at least 12 point type on the front page of the purchase documentation, and shall read as follows: "You, the Buyer, May Cancel This Transaction At Any Time

Prior to Midnight of the Third Business Day (or Time Period Reflecting the Supplier's Cancellation Policy But Not Less Than Three Business Days) After the Date of This Transaction or Receipt of The Product, Whichever is Later."

(a) Paragraph (8) shall not apply to "fixture" solicitation sales where the supplier:

(i) automatically provides the buyer a right to cancel within three (3) or more business days from the time of purchase; or

(ii) automatically provides a refund for return of goods within three (3) or more business days from the time of purchase, but prior to installation as a fixture; or

(iii) supplies merchandise to a buyer without prior full payment and allows the buyer three (3) or more business days from the time of receipt of the merchandise, but prior to installation as a fixture to cancel the order and return the merchandise; or

(iv) discloses its refund/return policy in its advertising, catalog and contract, and that policy provides for a return of merchandise within a period of three (3) or more business days from the time of purchase, but prior to installation as a fixture or that policy indicates no return or refund will be offered or made on special merchandise (such as uniquely sized items, custom made or special ordered items); or

(9) Fail or refuse to honor any valid notice of cancellation by a consumer and within 30 calendar days after the receipt of such notice, to: (i) refund all payments made under the contract or sale; (ii) return any goods or property traded in, in substantially as good condition as when received by the supplier; (iii) cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction.

B. "Direct Solicitation" means solicitation of a consumer transaction initiated by a supplier, at the residence or place of employment of any consumer, and includes a sale or solicitation of sale made by the supplier by direct mail or telephone or personal contact at the residence or place of employment of any consumer. In the case of a subscription or club membership (e.g., tape, book, or record club) solicitation, "direct solicitation" means solicitation of the initial consumer transaction pursuant to a subscription or club membership agreement, made by the supplier at the residence or place of employment of any consumer, and includes a solicitation of an initial sale made by the supplier by direct mail or telephone or personal contact at the residence or place of employment of any consumer, but excludes all subsequent consumer transactions which are provided for in the subscription or club membership agreement.

C. "Time of Purchase" is defined as the day on which the buyer signs an agreement or accepts an offer to purchase consumer goods or services where the total of the sale is $25 or more.

D. Except for direct solicitations subject to Section 13-26-5, for the purposes of this rule "business day" does not include Saturday, Sunday, or a federal or state holiday.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-10 Deposits and Refunds

A. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to accept a deposit unless the following conditions are met:

(1) The deposit obligates the supplier to refrain for a specified period of time from offering for sale to any other person the consumer commodities in relation to which the deposit has been made by the consumer if such consumer commodities are unique; provided that a supplier may continue to sell or offer to sell consumer commodities on which a deposit has been made if he has available sufficient consumer commodities to satisfy all consumers who have made deposits;

(2) All deposits accepted by a supplier must be evidenced by dated receipts, provided to the consumer at the time of the transaction, stating the following information:

(a) Description of the consumer commodity, (including model, model year, when appropriate, make, and color);

(b) The cash selling price;

(d) Time during which the option is binding;

(e) Whether the deposit is refundable and under what conditions; and

(f) Any additional cost such as delivery charge.

(3) For the purpose of this rule "deposit" means any payment in cash, or of anything of value or an obligation to pay including, but not limited to, a credit device transaction incurred by a consumer as a deposit, refundable or non-refundable option, or as partial payment for consumer commodities.

B. It shall be a deceptive act or practice in connection with a consumer transaction when the consumer can provide reasonable proof of purchase from a supplier for the supplier to refuse to give refunds for:

(1) Used, damaged or defective products, unless they are clearly marked "as is" or with some other conspicuous disclaimer of any implied or express warranty, and also clearly marked that no refund will be given; or

(2) Non-used, non-damaged or non-defective products unless:

(a) Such non-refund, exchange or credit policy, including any applicable restocking fee, is clearly indicated by:

(i) a sign posted at the point of display, the point of sale, the store entrance;

(ii) adequate verbal or written disclosure if the transaction occurs through the mail, over the telephone, via facsimile machine, via e-mail, or over the Internet; or

(iii) a clear and conspicuous statement on the first or front page of any sales document or contract at the time of the sale.

(b) The consumer commodities are food, perishable items, merchandise which is substantially custom made or custom finished.

(3) For the purpose of this rule "refund" means cash if payment were made in cash provided that if payment were made by check the refund may be delayed until the check has cleared; and further provided that if payment were made by debit to a credit card or other account, then refund may be made by an appropriate credit or refund pursuant to the applicable law.

C. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier who has accepted a deposit and has received from the consumer within a reasonable time a valid request for refund of the deposit to fail to make the refund within 30 calendar days after receipt of such request.

(1) In determining the amount required to be refunded under this rule, the supplier may take into consideration the nature of the commodity returned, the condition of the commodity returned, shipping charges if agreed to and any lawful restocking fee.

(2) For purposes of this rule, "reasonable time" means within 30 days of the date of the deposit unless a longer period is justified due to the nature of the commodity returned or any agreement between the parties.

D. No deposit accepted by a supplier to secure the value of equipment or materials provided to a consumer for the consumer's use in any business opportunity where it is anticipated by either the consumer or the supplier that some remuneration will be paid to the consumer for services or goods supplied to the supplier or to some third party in the behalf of the supplier shall exceed the actual cost of the supplies or equipment paid by the supplier or any person acting on behalf of the supplier.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-11 Franchises, Distributorships, Referral Sales

A. Definitions. As used in this chapter, the following words and terms shall have the following meanings, unless some other meaning is plainly indicated:

(1) "Referral Selling" means any consumer transaction where the seller gives or offers a rebate or discount to the buyer as an inducement for a sale in consideration of the buyer's providing the seller with the names of prospective purchasers.

(2) The term "franchise or distributorship" means a contract or agreement requiring substantial capital investment, either expressed or implied, whether oral or written, between two or more persons:

(a) Wherein a commercial relationship of definite duration or continuing indefinite duration is involved;

(b) Wherein the purchaser, is granted the right to offer, sell and distribute consumer commodities manufactured, processed, distributed or, in the case of services, organized and directed by the seller; and the purchaser has not been previously engaged in such business opportunity;

(c) Wherein the franchise or distributorship as an independent business constitutes a component of seller's distribution system; or

(d) Wherein the operation of the purchaser's business is substantially reliant on sellers for the basic supply of consumer commodities.

B. Franchises and Distributorships. It shall be an unfair or deceptive act or practice for any person in the trade or commerce of establishing a franchise, distributorship to:

(1) Misrepresent the prospects or chances for success of a proposed or existing franchise or distributorship;

(2) Misrepresent by failure to disclose or otherwise, the known required total investment for such franchise or distributorship;

(3) Misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than is reasonable to expect the market or market area for the particular franchise or distributorship to sustain;

(4) Misrepresent the quantity or quality of the products to be sold or distributed through the franchise or distribut orship;

(5) Misrepresent the training and management assistance available to the franchise or distributorship;

(6) Misrepresent the amount of profits, net or gross, the franchisee can expect from the operation of the franchise or distributorship;

(7) Misrepresent the size, choice, potential or demographic feature of a franchise territory or misrepresent the number of present or future franchises or distributorships within the franchise territory;

(8) Misrepresent by failure to disclose or otherwise, the termination, transfer or renewal provision of a franchise or distributorship agreement;

(9) Falsely claim or infer that a primary marketer of trademark products or services sponsors or participates directly or indirectly in the franchise or distributorship operation;

(10) Assign a so-called exclusive territory encompassing the same area to more than one franchise;

(11) Provide vending locations for which written authorizations have not been granted by the property owners or lessees of the premises;

(12) Provide vending machines or displays of a brand or kind different from or inferior to those promised by the seller;

(13) Fail to provide to the purchaser a written contract which includes the following provisions:

(a) The total financial obligation of the purchaser to the seller;

(b) The date of delivery of the purchaser consumer commodity to the purchaser if the seller is responsible for delivery of such consumer commodity;

(c) The description and quantity of consumer commodities to be delivered to the purchaser if the seller is responsible for delivery of such consumer commodities; and

(d) All other disclosures and provisions required in the preceding subsections;

(14) Fail to honor his contract as required in this section with the purchaser.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-12 Negative Options

A. A negative option, as defined in 16 C.F.R. 425.1, is a deceptive act or practice only if the negative option violates 16 C.F.R. 425.1.

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

Utah Admin. Code R152-11-13 Travel Packages

(1) This rule is authorized by Subsection 13-11-8(2). The purpose of this rule is to define one type of conduct that violates Subsection 13-11-4(1).

(2) It shall be a deceptive act or practice for a supplier to offer, knowingly or intentionally, a reduced rate travel package which:

(a) is tendered to a consumer as an incentive for the performance of some act the consumer has no legal obligation to perform;

(b) is subject to redemption rules the violation of which will result in a default which discharges the supplier's obligation to perform under such rules; and

(c) is structured so that the supplier will only realize a profit if a majority of the consumers who receive reduced rate travel package default.

(3)(a) For a supplier to be held liable under this rule, it is not necessary that he contract directly with a consumer for a reduced rate travel package. It is a sufficient basis for liability for the supplier to offer such a package to any person knowing that a consumer eventually will look to him for performance.

(b) A supplier acts deceptively required by Subsection 13-11-4(2) when he consciously engages in conduct which constitutes a deceptive act or practice, even if he is unaware that such conduct is unlawful.

(4) The definitions appearing in Section 13-11-3 shall apply to this rule, with the following additional definitions:

(a) "reduced rate" means the payment of funds, whether styled as fees, taxes, a discounted payment, or otherwise, which is less than the fair market value of the travel package offered by a supplier; and

(b) "travel package" means air, land, or sea transportation, with or without lodging, for pleasure or business purpose within the scope of the term "consumer transaction".

History

KEY: advertising, bait and switch, consumer protection, negative options
Date of Last Change: February 7, 2011
Notice of Continuation: July 17, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11

R152-15 Business Opportunity Disclosure Act Rule

Utah Admin. Code R152-15-101 Purpose

The purpose of this rule is to:

(1) define terms in accordance with Subsection 13-15-102(6);

(2) establish the procedure by which a seller may obtain a proof of disclosure receipt in accordance with Subsection 13-15-201(1)(b);

(3) establish the procedure by which a seller may obtain a proof of notice receipt in accordance with Subsection 13-15- 201(2)(b);

(4) carry out Section 13-15-201; and

(5) aid the division's administration and enforcement of Title 13, Chapter 15, Business Opportunity Disclosure Act.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1), 13-15-102(6), and 13-15-201(4).

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-103 Definitions

"Principal" means an individual who manages, oversees, controls, or otherwise directs the operation of a seller, or who has any ownership interest in a seller, whether directly or indirectly.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-201 Filing to Obtain a Proof of Disclosure Receipt

A filing to obtain a proof of disclosure receipt shall:

(1) be submitted on the form and in the manner approved by the division;

(2) include:

(a) the name and contact information of a person the division can contact regarding the filing;

(b) the name and contact information of the seller's registered agent in Utah;

(d) the required filing fee; and

(3) be signed by the applicant's officer, director, trustee, or general or limited partner, under a declaration certifying that to the signatory's knowledge and belief the information in the filing and disclosure statement is true and correct.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-202 Filing to Obtain a Proof of Notice Receipt

A filing to obtain a proof of notice receipt shall:

(1) be submitted on the form and in the manner approved by the division;

(2) include:

(a) the name and contact information of a person who the division can contact regarding the filing;

(b) a complete notice in accordance with Subsections 13-15-201(2)(b)(i)(A) through (F);

(3) be signed by the applicant's officer, director, trustee, or general or limited partner, under a declaration that certifies that to the signatory's knowledge and belief the information in the filing and notice is true and correct.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-203 Mandatory Change Reporting

A seller shall inform the division in writing within 30 days if information provided in the proof of disclosure receipt filing or proof of notice receipt filing materially changes or becomes incorrect or incomplete.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

Utah Admin. Code R152-15-301 Filing Rejection

The division may reject a filing for a proof of disclosure receipt or a proof of notice receipt if the filing does not comply with Section R152-15-201 or Section R152-15-202, or if the filing is otherwise incomplete.

History

KEY: business opportunity, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-15-102(6); 13-15-201(4)

R152-20 New Motor Vehicle Warranties Act Rule

Utah Admin. Code R152-20-101 Purpose

The purpose of this rule is to aid the division's administration and enforcement of Title 13, Chapter 20, New Motor Vehicle Warranties Act Rule.

History

KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1

Utah Admin. Code R152-20-102 Authority

This rule is promulgated in accordance with Subsection 13-2-106(1).

History

KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1

Utah Admin. Code R152-20-103 Definitions

(1) "Collateral charge" includes:

(a) sales tax;

(b) document preparation fees; and

(2) "Comparable new motor vehicle" means:

(a) a new motor vehicle that is determined by the division to be identical to, or reasonably equivalent to, the nonconforming vehicle had it conformed to all applicable express warranties including any service contracts, contract options, and factory or dealer installed options that were included in the original sale of the nonconforming vehicle to the consumer; or

(b) if the consumer consents to a different make or model, a vehicle with an equivalent retail value including any service contracts, and factory or dealer installed options that were originally included with the nonconforming vehicle.

(3) "New motor vehicle" means a motor vehicle that has:

(a) never been titled or registered; and

(b) been driven fewer than 7,500 miles.

(4) "Nonconforming motor vehicle" means a motor vehicle that does not meet all express warranties provided in the sales agreement or contract.

(5) "Purchase price" means the actual amount paid for the vehicle.

History

KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1

Utah Admin. Code R152-20-201 Replacement or Refund of Nonconforming Motor Vehicles

(1) An attempt to repair described by Section 13-20-4 or Section 13-20-5 occurs when a vehicle is presented to the manufacturer, its agent, or authorized dealer because the vehicle does not conform to an express warranty.

(2) A manufacturer that repurchases a nonconforming motor vehicle that was leased to a consumer shall:

(a) refund to the lessor all payments made in accordance with the lease;

(b) include in the refund or repurchase price any trade-in value included in the lease agreement, inception payment, and security deposit;

(d) upon the lessor or lienholder's receipt of payment described by Subsection (2)(c), ensure that the consumer is relieved of any future obligation in accordance with the lease.

(3) Any excess from the payments described by Subsection (2)(c) shall be paid to the lessee.

(4) A manufacturer that is unable to provide a comparable new motor vehicle to a consumer may, with the consumer's consent, provide a replacement vehicle of comparable quality.

(5) The customer shall not incur additional expense with respect to the replacement vehicle described by Subsection (4), except as a reasonable allowance for use of the nonconforming motor vehicle.

History

KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1

Utah Admin. Code R152-20-202 Reasonable Allowance for Use

(1) A manufacturer, its agent, or authorized dealer that refunds a consumer in accordance with Subsection 13-20-4(1) shall calculate the reasonable allowance for use:

(a) by multiplying the number of miles driven by the quotient of dividing the vehicle's purchase price by 100,000; and

(b) may not include in its calculation:

(i) the mileage on the vehicle at the time of delivery to the consumer; or

(ii) mileage accumulated while the vehicle is being repaired.

(2) Notwithstanding the calculation described by Subsection (1), the reasonable allowance per mile of use may not be less than 10 cents per mile, nor more than 21 cents per mile.

History

KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1

R152-21 Credit Services Organizations Act Rule

Utah Admin. Code R152-21-101 Purpose

The purpose of this rule is to aid the division's administration and enforcement of Title 13, Chapter 21, Credit Services Organizations Act.

History

KEY: credit services, consumer, protection
Date of Last Change: August 19, 2026
Notice of Continuation: October 4, 2023
Authorizing, and Implemented or Interpreted Law: 13-2-5(1)

Utah Admin. Code R152-21-102 Authority

This rule is promulgated in accordance with Subsection 13-2-106(1).

History

KEY: credit services, consumer, protection
Date of Last Change: August 19, 2026
Notice of Continuation: October 4, 2023
Authorizing, and Implemented or Interpreted Law: 13-2-5(1)

Utah Admin. Code R152-21-103 Definitions

(1) "Challenge" means any act performed by a credit services organization to dispute an entry appearing on the buyer's credit report.

(2) "Inaccurate information" means data that includes a typographical error or similar clerical or technical fault that creates reasonable doubt about the data's reliability.

(3) "Material error" means false or misleading information on a buyer's credit report that could reasonably affect a decision to extend or deny credit to the buyer.

(4) "Material omission" means information that:

(a) should appear on a buyer's credit report but does not; and

(b) could reasonably affect a decision to extend or deny credit to the buyer.

(5) "Outdated information" means information that, in accordance with state or federal law, should not appear on the buyer's credit report because of its age.

(6) "Unverifiable information" means an entry on a credit report that lacks supporting evidence sufficient to convince a reasonable person that the entry is proper.

History

KEY: credit services, consumer, protection
Date of Last Change: August 19, 2026
Notice of Continuation: October 4, 2023
Authorizing, and Implemented or Interpreted Law: 13-2-5(1)

R152-22 Charitable Solicitations Act Rule

Utah Admin. Code R152-22-1 Purpose

The purpose of this rule is to:

(1) define terms;

(2) establish the form of the registration application for a professional fund raiser and professional fund raising consultant;

(3) establish the process by which a person may register as a professional fund raiser or professional fund raising consultant;

(4) establish the process by which a professional fund raiser may register a fund raising campaign;

(5) establish the manner and process by which a charitable organization shall file forms in accordance with Subsection 13-22-15(1); and

(6) aid the division's administration and enforcement of Title 13, Chapter 22, Charitable Solicitations Act.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-2 Authority

This rule is promulgated in accordance with Subsections 13-2-5(1), 13-22-9(1)(b)(xiv), and 13-22-15(2)(b).

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-3 Definitions

As used in this rule and Section 13-22-24:

(1) "Bank account" means any account in which a professional fund raiser holds charitable contributions collected in connection with a fund raising campaign.

(2) "Bank account information" means:

(a) the bank account number;

(b) the name of the bank account holder;

(c) the name and address of the bank, credit union, or other financial institution that provides the bank account to the professional fund raiser.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-4 Professional Fund Raiser and Professional Fund Raising Consultant Registration

(1) A professional fund raiser or professional fund raising consultant that applies for registration shall:

(a) apply using a form approved by the division, including information required by Section 13-22-9;

(b) submit its application electronically, or by using another method approved by the division; and

(2) A professional fund raiser or professional fund raising consultant that discloses an injunction, judgment, administrative order, or conviction in accordance with Subsection 13-22-9(1)(b)(ix) or (xi) shall include with its application:

(a) a case number or similar identifier, if available;

(b) information that identifies the jurisdiction in which the injunction, judgment, administrative order, or conviction occurred;

(d) a copy of the injunction, judgment, administrative order, or conviction.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-5 Fund Raising Campaign Registration

(1) A professional fund raiser shall submit information required by Section 13-22-24 using the form and method approved by the division.

(2) A fund raising campaign registration shall include the start and end date for the fund raising campaign.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-6 Registered Agent in Utah

A registered agent identified by a professional fund raiser in accordance with Subsection 13-22-9(1)(b)(vi) shall have a mailing address in Utah.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

Utah Admin. Code R152-22-7 Charitable Organization Financial Reports

(1) A charitable organization shall submit an unredacted copy of its most recent IRS Form 990, 990-EZ, 990-N, or 990-PF to the Division of Corporations and Commercial Code.

(2) The submission described by Subsection (1):

(a) shall be submitted in PDF file format, and using the process established by the Division of Corporations and Commercial Code; and

(b) shall be submitted at least annually, at the time the charitable organization:

(i) registers with the Division of Corporations and Commercial Code:

(A) as a nonprofit corporation; or

(B) as a foreign nonprofit corporation; or

(ii) submits its annual report to the Division of Corporations and Commercial Code.

History

KEY: charities, consumer protection, solicitations, registration
Date of Last Change: January 1, 2025
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10; 13-22-15(2)

R152-23 Health Spa Services Protection Act Rule

Utah Admin. Code R152-23-1 Purpose

The purpose of this rule is to:

(1) establish the process for:

(a) initial registration of a health spa facility;

(b) renewal of a health spa facility registration;

(d) establishing a contract for health spa services should be excluded from surety calculation; and

(e) notifying the division of any change to an applicant's registration information.

(2) aid the division's administration and enforcement of Title 13, Chapter 23, Health Spa Services Protection Act.

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-2 Authority

This rule is promulgated in accordance with Subsections 13-2-5(1), 13-23-5(1)(a)(iv)(A) through (C), and 13-23- 5(1)(h).

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-3 Definitions

As used in Subsection 13-23-5(1)(a)(i), "operate" means:

(1) to offer for sale or advertise a health spa service; or

(2) to enter a contract for any health spa service.

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-4 Application for Registration or Renewal of Registration

An application for registration or renewal of registration of a health spa facility shall be submitted on a form approved by the division, and include:

(1) the applicant's:

(a) name, and any alternate name that it uses to do business as a health spa facility;

(b) street address;

(d) telephone number, and if applicable, facsimile number;

(e) email address;

(f) web address, if it maintains a website;

(2) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's:

(a) name;

(b) street address;

(d) telephone number;

(e) email address;

(3) the applicant's registered agent for service of process in the state, and the registered agent's:

(a) name;

(b) street address;

(d) telephone number;

(4) a copy of any contract:

(a) used by the applicant in connection with the sale of a health spa service;

(b) that is drafted in accordance with Title 13, Chapter 23, Health Spa Services Protection Act;

(5) the number of unexpired contracts for a health spa service that:

(a) designate the health spa facility as a consumer's primary location; or

(b) for a health spa facility's first year of registration, the number of contracts for a health spa service designating the health spa facility as a consumer's primary location the applicant reasonably expects to execute;

(6) a copy of the applicant's:

(a) bond, letter of credit, or certificate of deposit obtained in accordance with Subsection 13-23-5(2) and on a form approved by the division; or

(b) a surety exemption claim completed in accordance with Section R152-23-5;

(7) a copy of the applicant's liability insurance policy, in accordance with Subsections 13-23-5(1)(g)(i) and (ii);

(8) a list of each health spa service or combination of health spa services offered by the applicant at the health spa facility, including the price and duration of each service or combination of services; and

(9) the application fee and any applicable late fee.

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-5 Surety Exemption Process

A health spa that claims a health spa facility or a health spa facility's contract is exempt from Subsections 13-23-5(2) through (5) shall submit a claim of exemption in the form approved by the division that shall include:

(1) a statement that identifies the exemption claimed in accordance with Subsections 13-23-6(1)(a) through (e);

(2) the number of unexpired contracts the health spa claims should be excluded from surety calculation in accordance with Subsection 13-23-6(3); and

(3) any information necessary to prove the health spa facility or the health spa facility's contract qualifies for a claimed exemption, in accordance with Subsection 13-23-6(2).

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-6 Notification of Closure, Relocation, or Change to Information Required by Registration Application

(1) A notification made to the division in accordance with Subsection 13-23-5(1)(h) shall be in writing.

(2) A notification made to the division in accordance with Subsection 13-23-5(7) shall be in writing.

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

Utah Admin. Code R152-23-7 Contract for Health Spa Services

A statement made in accordance with Subsection 13-23-3(6)(a) shall be capitalized and in bold text that is no smaller than 12-point size.

History

KEY: consumer protection, health spas
Date of Last Change: October 24, 2022
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-23-5(1)(a)(iv)(A) through (C); 13-23-5(1)(h)

R152-26 Telephone Fraud Prevention Act Rule

Utah Admin. Code R152-26-101 Purpose

The purpose of this rule is to:

(1) establish registration requirements for a seller;

(2) establish the registration process for a seller;

(3) establish the process by which a seller may update its registration; and

(4) aid the division's administration and enforcement of Title 13, Chapter 26, Telephone Fraud Prevention Act.

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

Utah Admin. Code R152-26-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1) and 13-26-102(2).

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

Utah Admin. Code R152-26-103 Definitions

"Isolated transaction" means two or fewer transactions in any twelve-month period.

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

Utah Admin. Code R152-26-201 Application for Registration

(1) An application for registration as a seller shall be submitted on the form and in the manner approved by the division;

(2) The application shall include:

(a) the applicant's:

(i) name, and any alternate name including dba or trade name, that the applicant uses as a seller;

(ii) street address;

(iii) mailing address;

(iv) telephone number, and if applicable facsimile number;

(v) email address;

(b) the name and contact information of a person the division can contact regarding the application;

(c) the name and contact information of the applicant's registered agent, and proof of the registered agent's residency in Utah;

(d) a description of the applicant's business entity type and documentation showing the entity's legal status;

(e) each participant's fingerprints, in the form approved by the division, and the participant's consent to a criminal background check in accordance with Subsection 13-26-102(6)(b);

(f) a copy of each script used by the applicant or the applicant's solicitor in connection with a telephone solicitation;

(g) a description of each good or service that the applicant will offer in a telephone solicitation;

(h) disclosure of:

(i) each participant's name, date of birth, and title;

(ii) any criminal conviction entered against an applicant's participant within the 10 years preceding the application's filing;

(iii) any of the following:

(A) a conviction of a felony or misdemeanor or plea of no contest to a felony or misdemeanor charge, if the felony or misdemeanor involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; or

(B) a finding of liability or consent to the entry of a stipulated judgment in an administrative or civil action based upon fraud, embezzlement, fraudulent conversion, misappropriation of property, the use of untrue or misleading representations, or the use of any unfair, unlawful, or deceptive business practice; or

(iv) any business operated by the applicant or the applicant's owner, officer, director, or principal within the last 10 years;

(v) any other business license, permit, or registration held by the applicant;

(vi) any telemarketing license, permit, or registration the applicant or participant obtained or attempted to obtain that has been denied, revoked, or suspended in Utah or another state;

(vii) each address where a telephone solicitation will be made or received by the applicant or its solicitor;

(viii) any company that provides telecommunication services to the applicant, including telephone and text messaging service;

(ix) any website the applicant or its solicitor uses in connection with a telephone solicitation;

(x) the account number of any merchant account used by the seller in connection with a telephone solicitation;

(i) in accordance with Subsections 13-26-102(3) and (4), completed surety documentation in the form approved by the division; and

(j) the required filing fee.

(3) A bond or certificate of deposit tendered to the division to fulfill the requirements of Subsection 13-26-102(3) may take any form that the director deems commercially and legally reasonable and consistent with Section 13-26-102 and this rule.

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

Utah Admin. Code R152-26-202 Material Change to Information in Application

(1) If information in an application for registration or renewal of registration as a seller materially changes or becomes incorrect or incomplete, the applicant shall, within 30 days after the information changes or becomes incorrect or incomplete:

(a) submit the correct and complete information on the corresponding page of the registration application; and

(b) state in writing that the submission corrects an existing registration application.

(2) If a seller's legal status or ownership materially changes, the seller must submit a new initial application for registration.

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

Utah Admin. Code R152-26-203 Right of Rescission

For purposes of Subsection 13-26-105(3), a written notification of cancellation is effective the earliest of:

(1) when the notice is actually received by the seller;

(2) when the notice is placed in the possession of a U.S. Postal Service employee or in a receptacle for letters authorized by the U.S. Postal Service, provided the postage is prepaid and the letter is properly addressed to the seller; or

(3) when the notice is placed in the possession of a common carrier for delivery within three days.

History

KEY: telephones, fraud, consumers
Date of Last Change: September 4, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-26-102(2)

R152-32a Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act Rule

Utah Admin. Code R152-32a-101 Purpose

The purpose of this rule is to specify the information capable of being transmitted electronically to the central database, and to aid the division's administration and enforcement of Title 13, Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act.

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

Utah Admin. Code R152-32a-102 Authority

This rule is enacted in accordance with Subsections 13-2-106(1), 13-32a-104(8), 13-32a-104.5(6), 13-32a-104.6(3), 13- 32a-106(1)(b), and 13-32a-104.7(5).

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

Utah Admin. Code R152-32a-103 Definitions

"Electronically extract" means to obtain an identifying mark described by Subsection 13-32a-104(1)(h) using an electronic system that:

(1) does not alter the identifying mark;

(2) does not allow the identifying mark to be altered by a person after it is obtained by the electronic system; and

(3) accurately documents the identifying mark on the ticket.

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

Utah Admin. Code R152-32a-201 Information Capable of Being Transmitted Electronically in Accordance with Subsection 13-32a- 106(1)(a)

The following information is capable of being transmitted electronically to the central database:

(1) any information described by:

(a) Subsections 13-32a-104(1)(a) through 13-32a-104(1)(c);

(b) Subsections 13-32a-104(1)(e)(i) and (ii);

(d) Subsections 13-32a-104(1)(h)(i) and (ii);

(e) Subsections 13-32a-104.5(2)(a) through 13-32a-104.5(2)(c)(ii);

(f) Subsection 13-32a-104.5(2)(d);

(g) Subsections 13-32a-104.5(2)(f)(i) through 13-32a-104.5(2)(f)(vi);

(h) Subsections 13-32a-104.5(3)(a) through 13-32a-104.5(3)(b)(vi);

(i) Subsection 13-32a-104.5(4)(a);

(j) Subsections 13-32a-104.5(4)(d) through 13-32a-104.5(4)(f);

(k) Subsections 13-32a-104.5(4)(h) and (i);

(l) Subsections 13-32a-104.6(1)(a) through 13-32a-104.6(1)(g);

(m) Subsections 13-32a-104.7(2)(a) through 13-32a-104.7(2)(b)(i)(C);

(n) Subsection 13-32a-104.7(2)(b)(ii); and

(o) Subsections 13-32a-104.7(2)(c) through 13-32a-104.7(2)(e)(iv).

(2) an individual's electronic legible fingerprint, in accordance with Subsections 13-32a-104(1)(e)(iv)(A), 13-32a- 104.5(2)(c)(iv), 13-32a-104.6(1)(v), and 13-32a-104.7(2)(b)(iv); and

(3) any color digital photograph required by Subsection 13-32a-104(9)(b), 13-32a-104.7(2)(b)(iii), and 13-32a- 104.7(2)(f).

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

Utah Admin. Code R152-32a-202 Electronic Extraction of an Identifying Mark from a Wireless Communication Device

(1) A pawn or secondhand business is deemed to have obtained a color digital photograph of an identifying mark in accordance with Subsection 13-32a-104(9)(b)(ii)(A) if the pawn or secondhand business electronically extracts the identifying mark from a wireless communication device.

(2) Nothing in this rule relieves a pawn or secondhand business from obtaining a color digital photograph of any identifying mark that is not electronically extracted from a wireless communication device.

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

Utah Admin. Code R152-32a-203 Fingerprint Legibility Standards and Criteria

(1) This rule incorporates by reference:

(a) Electronic Biometric Transmission Specification, version 11.0, Appendix F: Image Quality Specifications, promulgated by the United States Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division, April 16, 2021 (EBTS 11.0 Appendix F); and

(b) Personal Identity Verification Image Quality Specifications for Single Finger Capture Devices, Federal Bureau of Investigation Criminal Justice Information Services Division Biometric Specifications, July 10, 2006 (PIV-071006).

(2) A tangible fingerprint is legible if the fingerprint:

(a) captures the complete print of an individual's right index finger pressed flat, or other finger if the right index finger is unavailable;

(b) is not smudged or otherwise obscured; and

(3) An electronic fingerprint is legible if the fingerprint:

(a) captures the complete print of an individual's right index finger pressed flat, or other finger if the right index finger is unavailable; and

(b) is made using a device that satisfies standards established by the Federal Bureau of Investigation, including:

(i) EBTS 11.0 Appendix F; or

(ii) PIV-071006.

History

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database
Date of Last Change: September 4, 2026
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-32a-104(7); 13-32a-104.5(6); 13-32a-104.6(3); 13-32a- 104.7(5); 13-32a-106(1)(b)

R152-34 Utah Postsecondary School and State Authorization Act Rule

Utah Admin. Code R152-34-1 Purpose

The purpose of this rule is to:

(1) establish the form and content of the registration statement;

(2) specify information a postsecondary school must provide with a registration statement;

(3) establish how a postsecondary school may prove its financial viability in accordance with Subsections 13-34- 202(1)(d) and R152-34-3(6);

(4) establish when a surety bond, certificate of deposit, or irrevocable letter of credit may be required;

(5) establish the form, content, and amount of a surety bond, certificate of deposit, or irrevocable letter of credit required in accordance with Section 13-34-202;

(6) provide for the execution and cancellation of a surety bond, certificate of deposit, or irrevocable letter of credit a postsecondary school obtains in accordance with Section 13-34-202;

(7) establish the amount of money a school may charge a student in a 12-month period to qualify for an exemption in accordance with Subsection 13-34-111(3);

(8) specify acts and practices that are prohibited in accordance with Section 13-34-108;

(9) specify the electronic format in which a postsecondary school is required to maintain an educational credential, enrollment agreement, and financing agreement in accordance with Section 13-34-203;

(10) specify the student outcomes a postsecondary school must disclose in accordance with Section 13-34-109;

(11) establish the type and number of credits required to obtain a degree or diploma from an unaccredited postsecondary school;

(12) establish:

(a) standards for granting to a postsecondary school a state authorization certificate in accordance with a reciprocity agreement;

(b) any filing or document required for a postsecondary school to obtain a state authorization certificate in accordance with a reciprocity agreement; and

(13) aid the division's administration and enforcement of Title 13, Chapter 34, Utah Postsecondary School and State Authorization Act.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-2 Authority

This rule is promulgated in accordance with Subsection 13-2-5(1), Section 13-34-103, and Section 13-34-203.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-3 Definitions

As used in this rule:

(1) "Change of ownership" means a change to any owner of a postsecondary school, including:

(a) sale or merger of a postsecondary school; or

(b) any other occurrence that changes whether a person is an owner in accordance with Subsection R152-34-3(7).

(2) "Composite score" means the score calculated by the United States Department of Education using a postsecondary school's financial information in accordance with 34 CFR 668.171 et seq.

(3) "Field trip" means a congregation in Utah of students and instructors from a postsecondary school that is not located in Utah:

(a) for instruction in the subject of enrollment;

(b) that lasts no more than ten calendar days; and

(4) "Gross tuition revenue" means the total amount of tuition and fees collected, reduced by the amount of refunds paid, by a postsecondary school during the most recently completed 12-month fiscal year.

(5) "Material information" means information that could reasonably influence whether the division may deny, suspend, or revoke a registration statement, registration certificate, or state authorization certificate, including a change of ownership.

(6) "Other proof of financial viability" means financial information that demonstrates the postsecondary school:

(a) based on its audited financial statements, has a composite score of 1.5 or greater for the current year;

(b)(i) based on its audited financial statements, has a composite score of 1.0 through 1.4 for the current year;

(ii) in one of the immediately preceding two years, had a composite score of 1.5 or greater; and

(iii) provides information sufficient to allow the division, at its discretion, to determine the risk to student funds posed by a postsecondary school's financial condition, including:

(A) a detailed explanation of the events that caused the reduced composite score;

(B) the postsecondary school's plan to improve the composite score; and

(i) had two consecutive years of a current ratio at or above 1.0; and

(ii) had two consecutive years of a debt to equity ratio no greater than 3.0;

(d) based on its unaudited financial statements for the preceding two fiscal years:

(i) had two consecutive years of a current ratio at or above 1.0;

(ii) had two consecutive years of a debt to equity ratio no greater than 3.0; and

(iii) has an average credit score exceeding 580 for the postsecondary school's owners; or

(e) provides sufficient other information to the division such that the division director may, at the director's discretion, determine that the postsecondary school has demonstrated financial viability.

(7) "Owner" means a person who directly or indirectly:

(a) exercises substantial control over a postsecondary school; or

(b) owns or controls at least 20 % of the ownership interests in a postsecondary school.

(8) "Physical presence," as defined by Subsection 13-34-101(12), does not include a field trip or supervised field experience.

(9) "Supervised field experience" means a student learning experience that:

(a) occurs at a location in Utah that is not owned, operated, leased, maintained, or controlled by the postsecondary school in which the student is enrolled;

(b) primarily involves practical application of previous education;

(c) is supervised by a supervisor, mentor, faculty member, or other qualified professional who reports to the postsecondary school in which the student is enrolled; and

(d) is part of a program offered by a postsecondary school located outside of Utah in which the student is enrolled.

(10) "Unaccredited postsecondary school" means a postsecondary school that is not accredited by an accrediting agency.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-4 Registration Statement -- Required Documents and Information

(1) A postsecondary school shall submit a complete registration statement on a form approved by the division, including all information required by the form and Subsection R152-34-4(2):

(a) each year, if the postsecondary school is an unaccredited postsecondary school;

(b) every two years, if the postsecondary school is an accredited postsecondary school; and

(2) A postsecondary school shall include with its registration statement:

(a) if the postsecondary school is an accredited postsecondary school, a copy of its most recent and active accreditation statement;

(b) if the postsecondary school is a longstanding nonprofit accredited postsecondary school, a copy of its determination letter from the Internal Revenue Service demonstrating its nonprofit status, and documentation sufficient to demonstrate that it has continuously operated as a nonprofit for 20 years;

(i) for a postsecondary school that collected $500,000 or more in gross tuition revenue, the two most recent fiscal year end audited financial statements completed by a certified public accountant in accordance with GAAP;

(ii) for a postsecondary school that collected $250,000 - $499,999.99 in gross tuition revenue, the two most recent fiscal year end:

(A) audited financial statements completed by an external certified public accountant in accordance with GAAP; or

(B) reviewed financial statements completed by an external certified public accountant;

(iii) for a postsecondary school that collected $0 - $249,999 in gross tuition revenue:

(A)(I) the two most recent fiscal year end audited financial statements completed by an external certified public accountant in accordance with GAAP;

(II) the two most recent fiscal year end reviewed financial statements completed by an external certified public accountant; or

(III) unaudited financial statements for each of the two most recent fiscal years, a commercial credit report, and a personal credit report for each of the postsecondary school's owners;

(iv) for a postsecondary school that has not previously operated:

(A) pro forma financial projections, in a form satisfactory to the division, for the postsecondary school's first 12 months of operation; and

(B) a personal credit report for each of the postsecondary school's owners;

(d) a current certificate of existence or good standing;

(e) a disclosure indicating whether the postsecondary school, its owner, officer, director, or administrator:

(i) has violated, in the preceding 10 years, any state or federal law or rule, not including traffic violations, as determined in a criminal, civil, or administrative proceeding;

(ii) is presently being investigated for alleged violations of state or federal law or rule, not including traffic violations;

(iii) has been subject to a negative action by an accrediting agency in the preceding 24 months; or

(iv) is presently being investigated or is subject to any other proceeding by the postsecondary school's accrediting agency;

(f) a list of programs offered by the postsecondary school, including the total program cost for each program; and

(g) the number of students enrolled in the postsecondary school.

(3) A credit report provided to the division shall:

(a) be no more than 60 days old;

(b) include reports from Equifax, Experian, and Transunion, if available.

(4) Notwithstanding Subsection R152-34-4(1)(b), an accredited postsecondary school shall annually provide to the division financial documentation in accordance with Subsection R152-34-4(2)(c).

(5) A postsecondary school shall submit a renewal registration statement 30 days before its registration certificate or state authorization certificate expires.

(6)(a) A registration statement submitted to the division in accordance with Subsection R152-34-4(1)(c) shall, at the division's discretion, be submitted using:

(i) electronic mail; or

(ii) other electronic means approved by the division.

(b) If non-material information included in a registration statement becomes incorrect or incomplete, a postsecondary school shall correct the information within 30 days using electronic mail sent to the division.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-5 Surety Bond, Certificate of Deposit, or Irrevocable Letter of Credit -- Form -- Amount -- Execution and Cancellation -- Other Proof of Financial Viability

(1) A postsecondary school that provides to the division other proof of financial viability in accordance with Subsection R152-34-3(6) is not required to maintain a surety bond, certificate of deposit, or irrevocable letter of credit.

(2)(a) A postsecondary school shall provide with its registration statement a surety bond, certificate of deposit, or irrevocable letter of credit in a form and amount approved by the division.

(b) A postsecondary school may provide a continuation certificate to demonstrate it maintains a surety bond in accordance with Section 13-34-202 and Section R152-34-5.

(c) A certificate of deposit or irrevocable letter of credit obtained in accordance with Section 13-34-202 and Section R152-34-5 shall be issued or held by a financial institution that has a location in Utah.

(3)(a) A postsecondary school's surety bond, certificate of deposit, or irrevocable letter of credit shall be for an amount based on the postsecondary school's gross tuition revenue, according to the following table:

TABLE

Amount of Surety Bond, Certificate of Deposit, or Irrevocable Letter of Credit

Gross Tuition Revenue

Maximum Amount

$0.00 - $50,000

$12,500

$50,000.01 - $100,000

$25,000

$100,000.01 - $200,000

$50,000

$200,000.01 - $300,000

$75,000

$300,000.01 - $400,000

$100,000

$400,000.01 - $500,000

$125,000

$500,000.01 - $1,000,000

$250,000

$1,000,000.01 - $2,000,000

$500,000

$2,000,000.01 - $5,000,000

$1,250,000

$5,000,000.01 - $10,000,000 or greater

$2,500,000

(b) A postsecondary school that operates in Utah, but does not maintain physical presence in Utah, shall obtain a surety bond, certificate of deposit, or irrevocable letter of credit in an amount based on its gross tuition revenue attributable to Utah residents enrolled in the postsecondary school.

(c) A postsecondary school may obtain more than one surety bond, certificate of deposit, or irrevocable letter of credit to reach the amount required by Subsection R152-34-5(3)(a).

(d) The division may, at its discretion, determine whether a surety bond, certificate of deposit, or irrevocable letter of credit maintained by the postsecondary school, but that is not payable to the division, satisfies, in whole or in part, the requirements of Sections 13-34-202 and R152-34-5.

(4) A postsecondary school that submits pro forma financial projections in accordance with Subsection R152-34- 4(2)(c)(iv) shall provide a surety bond, certificate of deposit, or irrevocable letter of credit for an amount:

(a) based on the postsecondary school's projected gross tuition revenue for its first 12 months of operation; and

(b) consistent with Subsection R152-34-5(3)(a).

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-6 Cost Exemption

A postsecondary school that does not charge any student more than $3,000 in any 12-month period is exempt in accordance with Subsection 13-34-111(3)(d)(i)(C).

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-7 Prohibited Acts

Reserved.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-8 Electronic Format of Educational Credential, Enrollment Agreement, and Financing Agreement

A postsecondary school shall:

(1) maintain a student's educational credential, enrollment agreement, and financing agreement in a text-searchable Portable Document Format (PDF) file;

(2) maintain a separate PDF file described in Subsection R152-34-8(1) for each student; and

(3) maintain a consistent file naming convention that allows a file described in Subsection R152-34-8(2) to be identified.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-9 Required Outcome Disclosures

(1) A postsecondary school shall disclose in writing to its students, and prominently on its website, if one exists:

(a) the graduation or completion rate for its students;

(b) if the postsecondary school's program lasts more than one year, the percentage of students who return after the first year;

(c) if the postsecondary school provides education intended to prepare a student to take an exam required for professional licensure, the rate at which the postsecondary school's students pass the licensure exam; and

(d) the basis for any representation made by the postsecondary school regarding the impact of its program on a student's future earnings.

(2) An accredited postsecondary school may satisfy Subsection R152-34-9(1) by providing to a student:

(a) a document that contains the information present on the accredited postsecondary school's College Scorecard maintained by the United States Department of Education; or

(b) the web address that leads to the accredited postsecondary school's College Scorecard maintained by the United States Department of Education.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-10 Type and Number of Credits Required for Degree or Diploma Offered by an Unaccredited Postsecondary School

To award a degree or diploma, a postsecondary school shall require a student to complete:

(1) 60 to 90 credit hours for an associate degree;

(2) 120 to 180 credit hours for a bachelor's degree;

(3) 150 to 225 credit hours for a master's degree; and

(4) 200 to 300 credit hours for a doctorate degree.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

Utah Admin. Code R152-34-11 State Authorization Certificate -- Reciprocity Agreement

(1) An accredited postsecondary school may obtain a state authorization certificate by filing a registration statement in accordance with Section R152-34-4.

(2) A postsecondary school that is exempt from Sections 13-34-201 through 13-34-205 in accordance with Subsection 13-34-111(3) may obtain a state authorization certificate by filing a registration statement on a form approved by the division that includes:

(a) the postsecondary school's:

(i) name, including any alternate name it uses to do business;

(ii) mailing and physical address;

(b) the name, telephone number, and electronic mail address of a person the division can contact regarding the registration statement;

(c) if the postsecondary school is a longstanding nonprofit accredited postsecondary school, a copy of its determination letter from the Internal Revenue Service demonstrating its nonprofit status, and documentation sufficient to demonstrate that it has continuously operated as a nonprofit for 20 years;

(d) a copy of the postsecondary school's current accreditation statement; and

(e) a statement and relevant documents demonstrating which exemption described by Subsection 13-34-111(3) applies to the postsecondary school.

History

KEY: postsecondary schools, state authorization, registration, consumer protection
Date of Last Change: June 21, 2024
Notice of Continuation: May 6, 2022
Authorizing, and Implemented or Interpreted Law: 13-2-5(1); 13-34-103; 13-34-203

R152-42 Uniform Debt-Management Services Act Rule

Utah Admin. Code R152-42-101 Purpose

The purpose of this rule is to:

(1) describe information an applicant must provide in an application for registration as a debt-management services provider;

(2) designate the states in which a provider may have a license or certificate that it may submit as an application for registration or renewal of registration as a provider in this state;

(3) adopt a base year in accordance with Subsection 13-42-132(6); and

(4) implement Title 13, Chapter 42, Uniform Debt-Management Services Act.

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

Utah Admin. Code R152-42-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1), 13-42-102(8)(c), 13-42-112(2), 13-42-132(3), and 13-42-132(6).

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

Utah Admin. Code R152-42-103 Definitions -- Reserved

Reserved.

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

Utah Admin. Code R152-42-201 Application for Registration

In addition to the requirements contained in Sections 13-42-105 and 13-42-106, applicants shall submit to the division with their initial application a copy of the applicant's articles of incorporation or other organizational documentation showing the applicant's current legal status.

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

Utah Admin. Code R152-42-202 Registration in Another State

(1) If a provider holds a license or certificate of registration authorizing it to provide debt-management services in another state, the provider may submit a copy of that license or certificate and the application for that license or certificate, instead of an application in the form prescribed by the Title 13, Chapter 42, Uniform Debt-Management Services Act, provided that the license or certificate was issued by:

(a) Rhode Island, in accordance with RI Gen L Section 19-14.8; or

(b) Delaware, in accordance with 6 Del. C. 24A..

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

Utah Admin. Code R152-42-203 Adoption of Base Year

The division adopts a base year of 2007 in accordance with Subsection 13-42-132(6).

History

KEY: debt-management, consumer protection
Date of Last Change: August 19, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-42-102(8)(c); 13-42-112(2); 13-42-132(3); 13-42- 132(6)

R152-49 Immigration Consultants Registration Act Rule

Utah Admin. Code R152-49-101 Purpose

The purpose of this rule is to:

(1) describe the information an applicant must provide in and with an application for registration as an immigration consultant; and

(2) aid the division's administration and enforcement of Title 13, Chapter 49, Immigration Consultants Registration Act.

History

KEY: immigration consultant, registration, consumer protection
Date of Last Change: September 4, 2026
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-49-202(1); 13-49-301(1)

Utah Admin. Code R152-49-102 Authority

This rule is enacted in accordance with Subsections 13-2-106(1), 13-49-202(1), and 13-49-301(1).

History

KEY: immigration consultant, registration, consumer protection
Date of Last Change: September 4, 2026
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-49-202(1); 13-49-301(1)

Utah Admin. Code R152-49-103 Definitions

"Driver license or identification card number" means:

(1) the number assigned to a driver license or identification card issued in accordance with Title 53, Chapter 3, Uniform Driver License Act; or

(2) the number assigned to a driver license or identification card issued by a state other than Utah if, as part of issuing the driver license or identification card, the state verifies an individual's lawful presence in the United States.

History

KEY: immigration consultant, registration, consumer protection
Date of Last Change: September 4, 2026
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-49-202(1); 13-49-301(1)

Utah Admin. Code R152-49-201 Application for Registration

An application for registration as an immigration consultant shall be executed on a form approved by the division, and include:

(1) the applicant's:

(a) name;

(b) street address;

(d) telephone number, and if applicable, facsimile number;

(e) email address;

(f) web address, if the applicant maintains a website;

(g) driver license or identification card number;

(2) a complete fingerprint card and the applicant's consent to a fingerprint criminal background check by the Utah Bureau of Criminal Identification;

(3) a certification, under penalty of perjury, that the applicant is:

(a) a United States citizen;

(b) a qualified alien as defined in 8 U.S.C. Sec. 1641; or

(4) a complete list of:

(a) any other name used by the applicant at any time past or present; and

(b) any entity name, including any dba, the applicant uses while acting as an immigration consultant;

(5) a copy of any contract that the applicant will use to create a contractual obligation with a client;

(6) a copy of the disclosure document the applicant is required to provide to a client in accordance with Subsection 13- 49-303(2):

(a) written in English; and

(b) written in each native language of the applicant's clientele; and

(7) a cash bond or surety bond payable to the division in accordance with Section 13-49-204.

History

KEY: immigration consultant, registration, consumer protection
Date of Last Change: September 4, 2026
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-49-202(1); 13-49-301(1)

Utah Admin. Code R152-49-5202 Duty to Notify Division of Change

Any applicant for registration as an immigration consultant or registered immigration consultant shall, within 30 days of a change to any information or document that the applicant or registrant is required to provide to the division:

(1) notify the division in writing of the change; and

(2) provide to the division the new information or document.

History

KEY: immigration consultant, registration, consumer protection
Date of Last Change: September 4, 2026
Notice of Continuation: August 6, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-49-202(1); 13-49-301(1)

R152-52 Residential Solar Energy Consumer Protection Act Rule

Utah Admin. Code R152-52-101 Purpose

The purpose of this rule is to:

(1) describe the information an applicant must provide in an application for registration as a solar retailer;

(2) establish the process for registration as a solar retailer; and

(3) aid the division's administration and enforcement of Title 13, Chapter 52, Residential Solar Energy Consumer Protection Act.

History

KEY: solar, consumer protection, registration
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-52-302(2)(a)

Utah Admin. Code R152-52-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1) and 13-52-302(2)(a).

History

KEY: solar, consumer protection, registration
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-52-302(2)(a)

Utah Admin. Code R152-52-103 Definitions

Reserved.

History

KEY: solar, consumer protection, registration
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-52-302(2)(a)

Utah Admin. Code R152-52-201 Application for Registration or Renewal of Registration

(1) An application for registration or renewal of registration as a solar retailer shall include:

(a) the applicant's:

(i) name, and any alternate name the applicant uses or intends to use to do business as a solar retailer;

(ii) street address;

(iii) mailing address;

(iv) telephone number, and if applicable, facsimile number;

(v) email address;

(vi) web address, if the applicant maintains a website;

(b) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's:

(i) name;

(ii) street address;

(iii) mailing address;

(iv) telephone number; and

(v) email address;

(i) name;

(ii) street address;

(iii) mailing address; and

(iv) telephone number;

(d) a copy of the solar agreement that the applicant offers to a consumer that includes all disclosures required by Sections 13-52-201 through 13-52-205;

(e) a surety bond or certificate of deposit:

(i) in a form approved by the division; and

(ii) for the amount required by Subsection 13-52-302(10); and

(f)(i) a fingerprint card completed by the applicant's principal, and the principal's consent to a criminal background check performed by the Utah Bureau of Criminal Identification; or

(ii) a document that demonstrates that the applicant is a publicly traded corporation registered with the Securities and Exchange Commission.

(2) An application for registration or for renewal of registration as a solar retailer shall:

(a) be executed on the form authorized by the division, including all information required by the form; and

(b) include payment of the application fee and any fee associated with conducting the background check described by Subsection (1)(f)(i).

(3) If information in an application for registration or for renewal of registration as a solar retailer materially changes or becomes incorrect or incomplete, the applicant or solar retailer shall, within 30 days after the information changes or becomes incorrect or incomplete:

(a) submit to the division the correct information; and

(b) submit to the division a written explanation of the correction, including what information is being added, removed, or modified.

(4) A solar retailer shall submit to the division an application for renewal of its registration as a solar retailer no fewer than 30 days before its registration is due to expire.

History

KEY: solar, consumer protection, registration
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-52-302(2)(a)

R152-57 Maintenance Funding Practices Act Rule

Utah Admin. Code R152-57-101 Purpose

The purpose of this rule is to:

(1) describe the information an applicant must provide in an application for registration as a maintenance funding provider;

(2) establish the process for registration as a maintenance funding provider;

(3) establish a process by which a maintenance funding provider may file a maintenance funding agreement with the division;

(4) establish a process by which a maintenance funding provider shall file an annual report, in accordance with Section 13-57-203; and

(5) carry out the provisions of Title 13, Chapter 57, Maintenance Funding Practices Act.

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

Utah Admin. Code R152-57-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1), 13-57-201(2)(b)(ii), 13-57-201(4)(b)(ii), and 13- 57-401(1) through (4).

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

Utah Admin. Code R152-57-103 Definitions - Reserved

Reserved.

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

Utah Admin. Code R152-57-201 Application for Registration or Renewal of Registration

(1) An application for registration or renewal of registration as a maintenance funding provider shall include:

(a) the applicant's:

(i) name, and any alternate name that it uses to do business as a maintenance funding provider;

(ii) street address;

(iii) mailing address;

(iv) telephone number, and if applicable, facsimile number;

(v) email address;

(vi) web address, if it maintains a website;

(b) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's:

(i) name;

(ii) street address;

(iii) mailing address;

(iv) telephone number; and

(v) email address;

(i) name;

(ii) street address;

(iii) mailing address; and

(iv) telephone number; and

(d) a copy of any template agreement used by the maintenance funding provider to provide maintenance funding to an individual, which shall:

(i) satisfy each requirement for a maintenance funding agreement in accordance with Section 13-57-301; and

(ii) include each required disclosure in accordance with Section 13-57-302.

(2) An application for registration or for renewal of registration as a maintenance funding provider shall:

(a) be executed on the form authorized by the division; and

(b) include payment of the application fee.

(3) If information in an application for registration or for renewal of registration as a maintenance funding provider materially changes or becomes incorrect or incomplete, the maintenance funding provider shall, within 30 days after the information changes or becomes incorrect or incomplete:

(a) submit the correct information on the corresponding page of the registration application; and

(b) submit a cover page or letter that explains the submission is correcting information provided for an existing registration.

(4) A maintenance funding provider shall submit to the division an application for renewal of its registration as a maintenance funding provider no less than 30 days before its registration as a maintenance funding provider will expire.

(5) A maintenance funding provider is registered on the day the division issues the registration.

(6) The division's issuance of a registration to a maintenance funding provider does not constitute the division's or the state's endorsement or approval of the maintenance funding provider, or of any term in the provider's contract.

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

Utah Admin. Code R152-57-202 Annual Report

A maintenance funding provider's annual report shall be:

(1) completed on a form approved by the division;

(2) electronically signed by an individual who has authority to legally bind the maintenance funding provider; and

(3) transmitted electronically to the division using the method designated by the division.

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

Utah Admin. Code R152-57-203 Denial of Application for Registration or Renewal of Registration

The division may deny an application for registration or renewal of registration as a maintenance funding provider if:

(1) the applicant does not provide all information required by the application form, Sections 13-57-301 and 302, and Section R152-57-201;

(2) the applicant fails, at the time it submits its application to the division, to pay the application fee in accordance with Subsection 13-57-201(2)(b)(i); or

(3) the applicant has been found, in accordance with Section 13-57-502, to have violated any provision of Title 13, Chapter 57, Maintenance Funding Practices Act.

History

KEY: consumer protection, legal funding, maintenance funding, registration
Date of Last Change: September 4, 2026
Notice of Continuation: June 18, 2025
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-57-201(2)(b)(ii); 13-57-201(4)(b)(ii); 13-57-401(1) through (4).

R152-78 Earned Wage Access Services Act Rule

Utah Admin. Code R152-78-101 Purpose

The purpose of this rule is to:

(1) describe the information an applicant must provide in an application for registration as a provider;

(2) establish the process for registration as a provider; and

(3) aid the division's administration and enforcement of Title 13, Chapter 78, Earned Wage Access Services Act.

History

KEY: earned wage access services
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-78-102(2)(b)(iii); 13-78-102(3)(b)(ii)

Utah Admin. Code R152-78-102 Authority

This rule is promulgated in accordance with Subsections 13-2-106(1), 13-78-102(2)(b)(iii), and 13-78-102(3)(b)(ii).

History

KEY: earned wage access services
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-78-102(2)(b)(iii); 13-78-102(3)(b)(ii)

Utah Admin. Code R152-78-103 Definitions

"Principal" means an individual who, directly or indirectly:

(1) oversees, controls, or otherwise directs the operation of a provider; or

(2) owns or controls 20% or more of the ownership interests in a provider.

History

KEY: earned wage access services
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-78-102(2)(b)(iii); 13-78-102(3)(b)(ii)

Utah Admin. Code R152-78-201 Application for Registration or Renewal of Registration

(1) An application for registration or renewal of registration as a provider shall include:

(a) the applicant's:

(i) name, and any alternate name the applicant uses or intends to use to do business as a provider;

(ii) street address;

(iii) mailing address;

(iv) telephone number, and if applicable, facsimile number;

(v) email address;

(vi) web address, if the applicant maintains a website;

(b) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's:

(i) name;

(ii) street address;

(iii) mailing address;

(iv) telephone number; and

(v) email address;

(i) name;

(ii) street address;

(iii) mailing address; and

(iv) telephone number;

(d) a copy of the agreement for earned wage access services that the applicant offers to a consumer that includes all disclosures required by Section 13-78-103; and

(e) a fingerprint card completed by the applicant's principal, and the principal's consent to a criminal background check performed by the Utah Bureau of Criminal Identification.

(2) Each of an applicant's principals shall submit a separate fingerprint card and consent to a criminal background check described by Subsection (1)(e).

(3) An application for registration or for renewal of registration as a provider shall:

(a) be executed on the form authorized by the division, including all information required by the form; and

(b) include payment of the application fee and any fee associated with conducting the background check described by Subsection (1)(e).

(4) If information in an application for registration or for renewal of registration as a provider materially changes or becomes incorrect or incomplete, the applicant or provider shall, within 30 days after the information changes or becomes incorrect or incomplete:

(a) submit to the division the correct information; and

(b) submit to the division a written explanation of the correction, including what information is being added, removed, or modified.

(5) A provider shall submit to the division an application for renewal of its registration as a provider no fewer than 30 days before its registration is due to expire.

History

KEY: earned wage access services
Date of Last Change: September 4, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-78-102(2)(b)(iii); 13-78-102(3)(b)(ii)

R154 Corporations and Commercial Code

R154-1 Central Filing System for Agricultural Product Liens

Utah Admin. Code R154-1-1 Definitions

Terms used in this rule that are defined in the Food Security Act of 1985, 7 U.S.C. Section 1631 or Section R154-2-100 and not otherwise defined in this section shall have the respective meanings given the terms in 7 U.S.C. Section 1631 and Section R154-2-100.

(1) "Division" means the Utah Division of Corporations and Commercial Code in the Utah Department of Commerce.

(2) "Central filing system" or "CFS" means the Division's UCC and CFS system, as described in Sections R154-2-300 through R154-2-314.

(3) "CFS filing" includes:

(a) a CFS-1 Effective Financing Statement;

(b) a CFS-2 Request for Information;

(d) a CFS-3 Statement of Amendment, Assignment, Continuation, or Termination; and

(e) any supplements thereto.

(4) "CFS-4" means the Division's master list registration form.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-2 Incorporation by Reference

This rule incorporates by reference in its entirety 9 CFR Part 205 (2021).

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-3 Official Filing Office

The system operator for the central filing system is the Division. CFS filings are filed with the Division. There are no other agencies of the state for filing.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-4 Means to Deliver CFS Filings; Forms

(1) A CFS filing shall be filed electronically through the central filing system or on a paper-based CFS form.

(2) Paper-based CFS forms are approved by the Division from time to time, and a list of CFS forms approved by the Division will be made available upon request.

(3) A CFS filing is effective for a period of five years from the date of filing, except that a continuation CFS filing will extend the effective period for a CFS filing for an additional five years.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-5 Fees

The fee for filing a CFS filing is established pursuant to Section 63J-1-504.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-6 Searches

Requests for information about a CFS filing will only be accepted by:

(1) debtor name;

(2) debtor tax identification number;

(3) debtor social security number; or

(4) Effective financing statement file number.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-7 Telephone Requests

Telephone requests for information concerning CFS filings are limited to three requests per call.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-8 Requests for Certified Copies

Requests for certified copies of CFS fileings must be received in writing on the applicable CFS form.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-9 Application for Master List

(1) An applicant must register with the Division each year using either the central filing system or a CFS-4 to receive the master list and update.

(2) Registrations expire at 5 p.m. on the last business day of the registration year.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-10 Change of Address

Registrants must notify the Division of any change of address by filling out a new CFS-4 to continue to receive copies of the master list.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-11 Distribution of Master List

(1) The Division distributes the master list to all current registrants at the beginning of each month, followed by an update on the 15th of that month.

(2)(a) New CFS filings only appear in the latest edition of the master list or its update if filed with the Division before 4 p.m. on the 15th day of the month.

(b) If the deadline falls on a weekend, holiday, or other non-business day, the deadline will be the next business day after the normal deadline.

(3) The Division distributes the master list in accordance with a registrant's choice:

(a) via email in Microsoft Excel format;

(b) on a CD in Microsoft Excel format; or

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

Utah Admin. Code R154-1-12 Filing Office Rules

Any topic related to CFS filings not specifically addressed in this rule is handled by the Division in accordance with Rule R154-2 as if the CFS filing is a UCC record.

History

KEY: liens, crops
Date of Last Change: September 21, 2022
Notice of Continuation: October 13, 2022
Authorizing, and Implemented or Interpreted Law: 70A-9a-320

R154-2 Filing Office Rules

Utah Admin. Code R154-2-100 Definitions

(1) Terms used this rule that are defined in the UCC and not otherwise defined in this section shall have the respective meanings given the terms in the UCC.

(2) "Address" means either:

(a) a street address, route number, or PO Box number plus the city, state and zip code; or

(b) an address that purports to be a mailing address outside the United State of America.

(3) "Amendment" means any UCC record filed that relates to the initial financing statement. Amendments include party or collateral changes, assignments, continuations, and terminations.

(4) "Assignment" is an amendment that assigns the whole or a part of a secured party's power to authorize an amendment to a financing statement.

(5) "Filing office" means the Utah Division of Corporations and Commercial Code in the Utah Department of Commerce.

(6) "Filing office statement" means a statement entered into the filing office's UCC information management system to explain an action by the filing office.

(7) "Information statement" means a UCC record that states a financing statement is inaccurate or wrongfully filed.

(8) "Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

(9) "Remitter" means a person who tenders a UCC record to the filing office for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

(10) "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names the filing office must maintain in the UCC information management system.

(11) "Secured party of record" means any party designated as a secured party in a financing statement, including those for whom an amendment has been filed purporting to delete them as a secured party or purporting to show they have assigned their secured interest, except as provided in Subsection R154-2-306(1).

(12) "UCC" means the Uniform Commercial Code as adopted in Utah.

(13) "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements as described in Sections R154-2-300 through R154-2-314.

(14) "UCC record" means an initial financing statement, an amendment of party or collateral information, an assignment, a continuation statement, a termination statement, a filing office statement or an information statement, and includes a record maintained by the filing office. The term shall not be considered to refer exclusively to paper or paper- based writings.

(15) "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has a lapse date that has not yet occurred.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-101 Means to Deliver UCC Records; Time of Filing

(1) UCC records may be tendered for filing at the filing office as follows:

(a) Personal delivery by remitter at the filing office's street address;

(b) Courier delivery by a person other than the remitter at the filing office's street address;

(d) Electronic mail and telefacsimile delivery to the filing office's email address or the filing office's fax filing telephone number;

(e) Electronic filing using the XML Format approved by the International Association of Commercial Administrators; and

(f) Direct online and web page data entry.

(2) The file time for UCC records is as follows:

(a) Subject to Subsection R154-2-101(2)(b), the file time for a UCC record delivered by personal delivery by remitter at the filing office's street address is when delivery of the UCC record is taken by the filing office, even though the UCC record may not yet have been accepted for filing and subsequently may be rejected and this rule applies only to a remitter who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not.

(b) The file time for a UCC record delivered by courier delivery by a person other than a remitter at the filing office's street address is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing office for processing, even though the UCC record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the remitter and who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not under Subsection (1). A UCC record delivered after regular business hours or on a day the filing office is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the filing office is open for business.

(c) The file time for a UCC record delivered by postal service delivery to the filing office's mailing address is notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing office for processing or the next close of business following the time of delivery, even though the UCC record may not yet have been accepted for filing and may be subsequently rejected. A UCC record delivered after regular business hours or on a day the filing office is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the filing office is open for business.

(d) The file time for a UCC record delivered by electronic mail and telefacsimile delivery to the filing office's e-mail address or the filing office's fax filing telephone number is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing office for processing, even though the UCC record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. A UCC record delivered after regular business hours or on a day the filing office is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the filing office is open for business.

(e) UCC records, excluding information statements and filing office statements, may be sent electronically using the XML Format approved by the International Association of Commercial Administrators. At the request of an authorized XML remitter, the filing office shall identify which versions and releases of the XML format are acceptable to the filing office. The filing office publishes an implementation guide that prescribes the use of the XML format. A person shall contact the filing office to become an authorized XML remitter and to get the filing office's implementation guide. The file time for a UCC record delivered by this method is the time that the filing office's UCC information management system analyzes the relevant transmission and determines that any of the required elements of the transmission have been received in a required format and are machine-readable.

(f) UCC records may be delivered by online data entry using the filing office's website on the internet. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

(3) Regardless of the method of delivery, information submitted to the UCC filing office must be communicated only in the form of characters that appear on the American standard keyboard, or the information will be modified, upon entry into the UCC information management system, as provided in Section R154-2-401. A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for the surname, first personal name, additional names or initials and suffixes for individual names is not an acceptable means of communication to the filing office.

(4) The only means to show to the filing office that an initial financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being or has been filed against a debtor that is a transmitting utility is to check the appropriate box on, or to send the indication in the proper field in, the related initial financing statement.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-102 Search Request Delivery

UCC search requests may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-103 Forms

(1) The forms prescribed by UCC Section 9-521, Section 70A-9a-521, are accepted by the filing office.

(2) Paper-based forms approved by the International Association of Commercial Administrators from time to time and forms otherwise approved by the filing office from time to time shall be accepted.

(3) A list of forms approved by the filing office will be made available upon request.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-104 Fees

The fee for filing a UCC record is established pursuant to Sections 70A-9a-525 and 63J-1-504.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-105 Expedited Service

Expedited service is available to process filings within one business day upon request and payment of an additional filling fee established in accordance with Section R154-2-104.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-106 Methods of Payment

Filing fees and fees for public records services may be paid by:

(1) Cash paid in person at the filing office's street address;

(2) Personal checks, cashier's checks and money orders made payable to the filing office are accepted if the drawer, or the issuer of a cashier's check or money order, is considered creditworthy by the filing office in its discretion; and

(3) Debit cards and credit cards of types approved by the filing office. Remitters shall provide the filing office with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment will not be considered tendered until the issuer or its agent has confirmed payment.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-107 Overpayment and Underpayment Policies

(1) Overpayment shall be handled in accordance with the Utah Department of Commerce's refund policy.

(2) When there is an underpayment, the UCC record shall be returned to the remitter as provided in Section R154-2- 203.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-108 Public Records Services

(1) Public records services shall be provided by the filing office on a non-discriminatory basis to any member of the public.

(2) Copies of individual UCC records, bulk copies of records, and data elements from the filing office's UCC information management system are made available in the forms, at the requested time and for the fees the filling office may prescribe from time to time in accordance with Sections 70A-9a-523, 70A-9a-525, and R154-2-109; except that the filing office shall make the information as is then- currently available at least weekly in each medium then available to the filing office.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-109 Fees for Public Records Services

The fee for public records services is established pursuant to Sections 70A-9a-525 and 63J-1-504.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-200 Role of Filing Office

(1) Unless otherwise expressly provided for by statute, the duties and responsibilities of the filing office with respect to the administration of the UCC are ministerial.

(2) In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing office does not determine the legal sufficiency or insufficiency of the UCC record, determine that information in the record is correct or incorrect, in whole or in part, or create a presumption that information in the UCC record is correct or incorrect, in whole or in part.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-201 Time for Filing a Continuation Statement

(1) The first day on which a continuation statement may be filed is the date corresponding to the date upon which the related financing statement would lapse, six months preceding the month in which the financing statement would lapse.

(a) If there is no corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse.

(b) The foregoing rule is subject to the ability of the filing office to take delivery of the continuation statement when tendered and to Section R154-2-101; and

(2) The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses, subject to the ability of the filing office to take delivery of the continuation statement when tendered and to Section R154- 2-101. The time of filing of the continuation statement under Section R152-2-101 must be on or before this last day.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-202 Grounds for Refusal

(1) The filing office shall refuse a record for each applicable ground as set forth in UCC Section 9-516, Section 70A- 9a-516, and will not refuse a record for any other reason.

(2) A record that does not provide an address that meets the requirements set forth in Subsection R154-2-100(2) does not provide a mailing address as required by UCC Section 9-516, Section 70A-9a-516.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-203 Procedure Upon Refusal

(1)(a) If the filing office finds grounds to refuse a UCC record, the filing office shall keep the fee for a period of 30 days from the date of the refusal pending resubmission of the record.

(b) After the 30-day period in Subsection (1)(a), the remitter must pay the applicable fee to resubmit the record.

(2) Communication of the refusal, the reasons for the refusal, and other related information will be made to the remitter as soon as practicable and in any event within two business days after the refused UCC record was received by the filing office, by the same means as the means by which the UCC record was received by the filing office, or by mail or a more expeditious means as the filing office shall determine.

(3) Records of refusal, including a copy of the refused UCC record and the grounds for refusal, shall be managed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act and the filing office's applicable retention schedules.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-205 Refusal Errors

(1) If a secured party or a remitter believes that a UCC record that the filing office refused to file should not have been refused under Section R154-2-202, the person may contact the filing office to request a review of the refusal decision.

(2) The person requesting review shall provide the filing office with a copy of the reasons for refusal, a copy of the refused record and a statement of the basis for the person's belief that the filing office wrongfully refused to file the record.

(3) Upon receipt of a request for review, the filing office director shall investigate the claim.

(4)(a) If the filing office director confirms that the record should have been refused, the filing office director shall provide a written explanation of the grounds for refusal.

(b) If it is determined that the filing office refused to accept the record in error, the filing office shall file the UCC record with the filing date and time that was assigned, based on the method of delivery, by the filing office after the record was originally delivered for filing.

(i) A filing office statement record relating to the relevant initial financing statement shall be placed in the UCC information management system on the date that the corrective action was taken.

(ii) The filing office statement must provide the date of the correction and explain the nature of the corrective action taken.

(iii) The record shall be kept for so long as the record of the initial financing statement is kept in the UCC information management system.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-205 Notification of Defects

(1) Nothing in these rules prevents a filing office from communicating to a filer or a remitter that the filing office noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so.

(2) The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for the effectiveness.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-300 UCC Information Management System Generally

The filing office uses the UCC information management system to store, index, and retrieve information relating to financing statements. The UCC information management system includes the searchable indexes. Sections R154-2-300 through R154-2-314, Sections R154-2-300 through R154-2-314, describe the UCC information management system.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-301 Primary Data Elements

(1) The primary data elements used in the UCC information management system are:

(a) identification numbers;

(b) type of record;

(d) identification of parties;

(e) page count;

(f) lapse indicator; and

(g) indexes of names.

(2)(a) Each initial financing statement is identified by its file number:

(i) Identification of the initial financing statement is stamped on written UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system; and

(ii) A record is created in the UCC information management system for each initial financing statement and information comprising the record is maintained in the system.

(b) A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing office. In the UCC information management system, records of UCC records other than initial financing statements are linked to the record of their related initial financing statement;

(3)(a) The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the remitter; and

(b) Types of records include initial financing statement, amendment, assignment, continuation, termination, and collateral amendment.

(4)(a) The filing date and filing time of UCC records are stored in the UCC information management system; and

(b) Calculation of the lapse date of an initial financing statement is based upon the filing date.

(5) The names and addresses of debtors and secured parties are transferred from UCC records to the UCC information management system.

(6) The total number of pages in a UCC record is maintained in the UCC information management system.

(7)(a) An indicator is maintained by which the UCC information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse; and

(b) The lapse date is determined as provided in Sections R154-2-306 and R154-2-308.

(8)(a) The filing office maintains in the UCC information management system a searchable index of organization debtor names, and a searchable index of organization debtor names, and a searchable index of individual debtor names; and

(b) The filing office may also maintain a searchable index of names of secured parties of record. This index need not be a separate database but may be comprised of records in the UCC information management system identified to be included in the searchable index.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-302 Individual Debtor Names

(1) For purposes of this rule, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(2)(a) Individual debtor names are stored in data fields that include only the individual debtor names, and not organization debtor names.

(b) Separate data entry fields are established for surnames, such as last or family names, first personal names and given names, and additional names and initials of individuals.

(c) The name of a debtor with a single name, for example, "Cher," is treated as a surname and shall be entered in the individual surname field.

(d) The filing office assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

(3)(a) Titles, prefixes, for example "Ms.," and suffixes or indications of status, for example, "M.D.," are not typically part of an individual debtor's name.

(b)(i) Suffixes used to distinguish between family members with identical names, for example, "JR.," should be provided in the Suffix field.

(ii) However, if the suffix appears on an unexpired driver license or unexpired identification card the state Driver License Division of the Department of Public Safety has issued to the debtor and that is used as the source of an individual name, then the filer should consider also providing the name as a separate individual debtor with the suffix included in the Surname field.

(c) Regardless of how provided, when entering a "name" into the UCC information management system, the filing office shall enter the data exactly as they appear.

(4) The filing office shall not refuse to accept an initial financing statement that lacks debtor information in item one or item two if the record includes an addendum that provides debtor information in item ten.

(5)(a) Personal name fields in the UCC information management system are fixed in length.

(b) Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the data entry field.

(i) Surname: 50 characters;

(ii) First personal name: 50 characters;

(iii) Additional names or initials: 50 characters; and

(iv) Suffix: five characters.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-303 Organization Debtor Names

(1) For purposes of these rules, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

(2) Organization debtor names are stored in files that include only organization debtor names and not individual debtor names. A single field is used to store an organization debtor name.

(3)(a) The organization debtor name field in the UCC information management system is fixed in length.

(b) The maximum length is 500 characters.

(c) Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing office, up to the maximum length of the organization debtor name field.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-304 Collateral Being Administered by a Decedent's Personal Representative

(1) The debtor name to be provided on a financing statement when the collateral is being administered by a decedent's personal representative is the name of the relevant decedent.

(2)(a) In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor name as an individual debtor name.

(b) However, the filing office shall enter data submitted by a filer in the fields designated by the filer exactly as it appears in those fields.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-305 Collateral Held in a Trust

(1) The debtor name to be provided when the collateral is held in a trust that is not a registered organization is:

(a) the name of the trust as set forth in its organic records, if the trust has a name; or

(b) If the trust is not so named, the name of the trust's settlor or testator.

(2) In order for the UCC information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or the name of a settlor or testator that is an organization should be provided as an organization debtor name, and the name of a settlor or testator who is an individual should be provided as an individual debtor name, in each case without regard to the nature or character of the debtor.

(3) Notwithstanding the foregoing, the filing office shall enter data submitted by a filer in the fields designated by the filer exactly as it appears in those fields.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-306 Initial Financing Statement

Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows:

(1) Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC record names an assignee, the assignor secured party shall not be a secured party of record and the assignee secured party shall be a secured party of record.

(2) Each debtor name provided by the initial financing statement shall be indexed in the UCC information management system and shall remain on the record in accordance with UCC Section 9-519(g), Subsection 70A-9a-519(7).

(3)(a) A lapse date shall be calculated, five years from the file date, unless:

(i) the initial financing statement states as provided in Subsection R154-2-101(4) that it is filed with respect to a public-financing transaction or a manufactured-home transaction, in which case the lapse date shall be 30 years from the file date; or

(ii) the initial financing statement states as provided in Subsection R154-2-101(4) that it is filed against a transmitting utility, in which case there shall be no lapse date.

(b) The lapse date for a financing statement filed on February 29 shall be the March 1 in the fifth year following the year of the filing date.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-307 Amendments Generally

(1) Upon the filing of an amendment the status of the parties shall be unchanged, except that:

(a) When an amendment adds a debtor or a secured party, the new debtor or secured party shall be added to appropriate index and associated with the record of the financing statement in the UCC information management system; and

(b) An amendment that designates an assignee shall cause the assignee to be added as a secured party of record with respect to the affected financing statement in the UCC information management system.

(2)(a) Notwithstanding the filing of an amendment that deletes a debtor or a secured party from a financing statement, no debtor or secured party of record is deleted from the UCC information management system.

(b) A deleted secured party will still be treated by the filing office as a secured party of record as the filing office cannot verify the effectiveness of an amendment.

(3) Except when a continuation statement, the filing of an amendment does not affect the status of the financing statement.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-308 Continuation Statement

(1)(a) Upon the timely filing of one or more continuation statements by any secured party or parties of record, the lapse date of the financing statement shall be postponed for five years.

(b) The lapse date is postponed once notwithstanding the fact that more than one continuation statement is filed within a given six-month period before a lapse date.

(c) Notwithstanding the immediate postponement of the lapse date with respect to one or more secured parties of record who file timely a continuation statement within a given six-month period before a lapse date, the lapse date remains effective solely for purposes of determining whether or not a subsequent continuation statement filed in the same six-month period is timely.

(2) The filing of a continuation statement shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-309 Termination

The filing of a termination statement shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-310 Information Statement

The filing of an information statement shall have no effect upon the status of any party to the financing statement, the status of the financing statement or the information maintained in the UCC information management system.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-311 Filing Office Statement

A filing office statement affects the status of parties and of the relevant financing statement as provided in the corrective action described as having been taken in the filing office statement.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-312 Procedure Upon Lapse

If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-313 Removal of Record

(1)(a) A financing statement must remain in the searchable index within the UCC information management system until at least one year after it lapses.

(b) On or after the first anniversary of a lapse, the financing statement and all related UCC records may be removed from the Searchable Indexes or from the UCC information management system.

(2)(a) A financing statement that states a debtor is a transmitting utility must remain in the searchable index within the UCC information management system until at least one year after it is terminated with respect to all secured parties of record.

(b) On or after the first anniversary of the termination date of the last remaining secured party of record, the financing statement may be removed from its searchable index or from the UCC information management system.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-314 Archives Generally

UCC records and data are managed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act and the filing office's applicable retention schedules.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-400 Errors of the Filing Office

(1) The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time.

(2) If a correction is made to a record of a financing statement the filing office shall associate with the record of the financing statement in the UCC information management system a filing office statement on the date that the corrective action was taken providing the date and an explanation of the correction.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-401 Filing and Data Entry Errors

(1) Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors, except that characters that do not appear on the American standard keyboard will be replaced with an asterisk or the closest reasonable equivalent found on the American standard keyboard. If no reasonably equivalent character appears on this keyboard, then the character will be replaced with an asterisk.

(2) Data provided in electronic form is transferred to the UCC information management system exactly as submitted by the Remitter.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-402 Verification of Data Entry

(1) The filing office shall verify accuracy of the data from UCC records entered in accordance with Section R154-2- 401 into the UCC information management system.

(2) Data entry performed by remitters with respect to electronically filed UCC records is the responsibility of the remitter and is not verified by the filing office.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-403 Notice of Bankruptcy

The filing office shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-404 Redaction of Certain Information

The filing office shall redact certain information from the information it provides to searchers and bulk data buyers in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-405 Master Amendments

The filing office, within its discretion, may accept master amendments.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-500 Search Requests and Reports Generally

(1) The filing office maintains records for public inspection in a searchable index within the UCC information management system for public inspection.

(2) Records will be retrievable by the name of the debtor or by the file number of the related initial financing statement, and each record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-501 Search Requests -- Required Information

Search requests shall include:

(1) Name searched;

(2) The name and address of the person to whom the search result is to be sent;

(3) The appropriate fee tendered by a method described in Section R154-2-106; and

(4) Search logic.

(5)(a) A search request must set forth the name of the debtor to be searched using designated fields for organization name or individual surname, first personal name and additional names or initials; and

(b) A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor that is subject of the search.

(6)(a) The request shall specify whether a search methodology other than that described in Section R154-2-503, if an alternative search logic is available, is to be applied in conducting the search.

(b) If no methodology is named, the one described in Section R154-2-503 shall be applied.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-502 Search Requests -- Optional Information

Search requests may include:

(1) The request may limit the copies of UCC records that would normally be provided with a search report by requesting that no copies be provided or that copies be limited to those UCC records that:

(a) include a particular debtor address;

(b) include a particular city in the debtor address;

(d) include a particular secured party name.

(2) A search request may ask for a search that reports all records or all unlapsed records from the UCC information management system's searchable index.

(3) A search request may specify a mode of delivery for search results and that request will be honored if the requested mode is made available by the filing office, and all requisite fees are tendered.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-503 Search Methodology

(1)(a) Search results are produced by the application of search logic to the name presented to the filing office.

(b) Human judgment does not play a role in determining the results of the search.

(2) Subsections (2)(a) through (2)(d) describe the filing office's standard search logic and apply to all searches except for those where the search request specifies that a non-standard search logic be used:

(a) There is no limit to the number of matches that may be returned in response to the search criteria.

(b) No distinction is made between upper and lower case letters.

(c)(i) Punctuation marks and accents are disregarded; and

(ii) Punctuation and accents include all characters other than:

(A) the numerals 0 through 9; and

(B) the letters A through Z, whether upper or lower case, of the English alphabet.

(d) To the extent practicable as determined by the filing office's programming of its UCC information management system, words and abbreviations at the end of an organization name that show the existence or nature of the organization are treated as follows:

(i) All spaces are disregarded.

(ii)(A) For first personal name and additional names and initials of individual debtor names:

(I) initials are treated as the logical equivalent of all names that begin with those initials; and

(II) first personal name and no additional names and initials is equated with all additional names and initials.

(B) For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with:

(I) "John" or the initial "J" as the first personal name;

(II) "Smith" as the surname; and

(III) the initial "A" or any name beginning with "A" in the additional names and initials field.

(C) If the search request were for "John Smith," first personal name and surname with no designation in the additional names and initials field, the search would retrieve all filings against individual debtors with:

(I) "John" or the initial J as the first personal name;

(II) "Smith" as the surname; and

(III) any name, any initial, or no name or initial in the additional names and initials field.

(iii) If the name being searched is the surname of an individual debtor name without any first personal name or additional names and initials provided, the search will retrieve from the UCC information management system all financing statements with individual debtor names that consist of only the surname.

(3) After using Subsections (2)(a) through (2)(d) to change the name being searched, the search will retrieve from the UCC information management system all unlapsed records that pertain to financing statements with debtor names that exactly match the modified name being searched.

(4)(a) A non-standard search logic, such as a "wild card" search can be applied to a non-certified search upon request; and

(b) The filing office makes no representations or warranties regarding the accuracy or completeness of data included in non-standard search results. Users rely on non-standard search results at their own risk.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-504 Changes in Standard Search Logic

If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office shall provide earlier public notice of the change.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-505 Search Responses

Responses to a search request shall include:

(1)(a) Copies of all UCC records retrieved by the search unless only limited copies are requested by the searcher; and

(b) Copies will reflect any redaction of personal identifying information required by law;

(2) Introductory information;

(a) A filing office shall include with a UCC search response:

(i) Identification of the filing office providing the search response;

(ii) Unique number which identifies the search report;

(iii) The date and time the report was generated;

(iv) The date and time at or before which a UCC record must have been filed with the filing office in order for it to be reflected on the search;

(v) Certification language;

(vi) Scope of search;

(vii) Search logic used;

(viii) Name as provided by searcher;

(ix) Name as searched after application of Section R154-2-503;

(x) Lien type searched;

(xi) Description of copies provided, including:

(A) Certified;

(B) Copies not requested;

(D) Limited copies;

(E) Specified copies;

(F) City of filing;

(G) Date range;

(3) The search report, which shall contain:

(a) Identification of the filing office providing the search report;

(b) Unique number assigned under this section;

(c)(i) Identification of each initial financing statement, including a listing of all related amendments, information statements, or filing office notices, filed on or before the through date corresponding to the search criteria, including whether the searcher has requested all records or only unlapsed records from the searchable index;

(ii) Financing statement information shall include:

(A) The initial financing statement file number;

(B) The date and time it was filed;

(D) The debtor names that appear of record;

(E) The debtor addresses that appear of record;

(F) The secured party names that appear of record;

(G) The secured party addresses that appear of record;

(H) An indication of type of each amendment, if any;

(I) The date and time each amendment, if any, was filed;

(J) The amendment file number of each amendment, if any;

(K) The date and time an information statement, if any, was filed; and

(L) The date and time a filing office statement, if any, was filed.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

Utah Admin. Code R154-2-600 Agricultural Liens

Agricultural product lien rules are found in Rule R154-1 et seq.

History

KEY: banking, equipment leasing, filing documents
Date of Last Change: September 21, 2022
Notice of Continuation: November 12, 2025
Authorizing, and Implemented or Interpreted Law: 70A-9a et seq.

R154-3 Decentralized Autonomous Organization Act Rule

Utah Admin. Code R154-3-1 Title -- Authority -- Purpose

(1) This rule is known as the "Decentralized Autonomous Organization Act Rule."

( 2) This rule is adopted by the Division under the authority of Sections 48-5-103 and 48-5-109 to enable the division to administer Title 48, Chapter 5, Decentralized Autonomous Organization Act.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-2 Definitions

(1) Terms used in this rule are defined in Title 48, Chapter 5, Decentralized Autonomous Organization Act. In addition:

(2) "Address" means either:

(a) a street address, route number, or PO Box number plus the city, state and zip code; or

(b) an address that purports to be a mailing address outside the United States of America.

(3) "Auditing organization" means a person that conducts a data audit for a DAO.

(4) "DAO" means decentralized autonomous organization.

(5) "DAO record" means a DAO certificate of organization, DAO evidence of compliance with formation requirements, or supplemental materials submitted on behalf of a DAO, and includes a record maintained by the division. The term may not be considered to refer exclusively to paper or paper-based writings.

(6) "Data audit" means "quality assurance" as defined in Subsection 48-5-101(27).

(7) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(8) "Record" used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) "Remitter" means a person who tenders a DAO record to the division for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible for the delivery of the record to the division, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-3 Means to Deliver DAO Records; Time of Filing; Signatures

(1) DAO records may be tendered for filing at the division as follows:

(a) Personal delivery by remitter at the division's street address;

(b) Courier delivery by a person other than the remitter at the division's street address;

(d) Electronic mail and telefacsimile delivery to the division's email address or the division's fax filing telephone number; and

(e) Electronic filing using the division's Shopping Cart utility.

(2) The file time for DAO records is as follows:

(a) Subject to Subsection R154-3-3(2)(b), the file time for a DAO record delivered by personal delivery by remitter at the division's street address is when delivery of the DAO record is taken by the division, even though the DAO record may not yet have been accepted for filing and subsequently may be rejected and this rule applies only to a remitter who tenders a DAO record to the division and awaits an immediate determination of whether or not the DAO record will be taken or not.

(b) The file time for a DAO record delivered by courier delivery by a person other than a remitter at the division's street address is, notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by the division for processing, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the remitter and who tenders a DAO record to the division and awaits an immediate determination of whether or not the DAO record will be taken or not under Subsection (1)(a). A DAO record delivered after regular business hours or on a day the division is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the division is open for business.

(c) The file time for a DAO record delivered by postal service delivery to the division's mailing address is notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by the division for processing or the next close of business following the time of delivery, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected. A DAO record delivered after regular business hours or on a day the filing office is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the filing office is open for business.

(d) The file time for a DAO record delivered by Shopping Cart and electronic mail and telefacsimile delivery to the division's email address or the division's fax filing telephone number is, notwithstanding the time of delivery, at the earlier of the time the DAO record is first examined by a filing office for processing, even though the DAO record may not yet have been accepted for filing and may be subsequently rejected, or the next close of business following the time of delivery. A DAO record delivered after regular business hours or on a day the division is not open for business, if not examined for processing sooner, will have a filing time of the close of business on the next day the division is open for business.

(3) Regardless of the method of delivery, information submitted to the division must be communicated only in the form of characters that appear on the American standard keyboard, or the information will be modified, upon entry into the division's information management system, as provided in Section R154-3-5.

(4) A DAO record may be signed by photographic or electronic means. A DAO record signed in an electronic medium shall be signed by electronic signature in accordance with Title 46, Chapter 4, Uniform Electronic Transactions Act.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-4 Forms

(1) The division may prescribe forms or cover sheets for documents required or permitted to be filed by Title 48, Chapter 5, Decentralized Autonomous Organization Act.

(2) If the division prescribes a form or cover sheet pursuant to Subsection R154-3-4(1), the division shall provide the form or cover sheet on request.

(3) The use of a form or cover sheet is not mandatory unless the division specifically requires the use of the form or cover sheet in this rule.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-5 Filing and Data Entry Errors

Data are entered into the division's information management system exactly as provided in a DAO record, without regard to apparent errors, except that characters that do not appear on the American standard keyboard will be replaced with an asterisk or the closest reasonable equivalent found on the American standard keyboard. If no reasonably equivalent character appears on this keyboard, then the character will be replaced with an asterisk.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-6 Notification of Defects

Nothing in this rule prevents the division from communicating to a filer or a remitter that the division noticed apparent potential defects in a DAO record, whether or not it was filed or refused for filing. However, the division is under no obligation to do so.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-7 Redaction of Certain Information

The division shall redact certain information from the information it provides to searchers and bulk data buyers upon request in accordance with Title 48, Chapter 5, Decentralized Autonomous Organization Act and Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-8 Transmission by the Division

Any writing required or permitted to be prepared, delivered, or mailed by the division under Title 48, Chapter 5, Decentralized Autonomous Organization Act may be prepared, delivered, or mailed in an electronic medium or by electronic transmission.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-9 Grounds for Refusal

(1)(a) The division shall refuse a DAO certificate of organization if:

(i) The certificate of organization fails to provide one or more items listed in Subsection 48-5-201(2);

(ii) The DAO does not provide evidence in accordance with Section R154-3-11 of its compliance with the filing requirements listed in Subsection 48-5-201(3).

(b) A certificate of organization that does not provide an address that meets the requirements as set forth in Subsection R154-3-2(2) does not provide an address as required by Subsections 48-5-201(2)(a)(iii) and 48-5-201(2)(a)(iv).

(2) Any request under Subsection 48-5-201(2)(b) that the division redact information provided pursuant to Subsections 48-5-201(2)(a)(ii) and 48-5-201(2)(a)(iii) shall be provided either in the certificate of organization or in a separate record submitted contemporaneously with the certificate of organization.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-10 Procedure Upon Refusal

(1)(a) If the division finds grounds to refuse a DAO record, the division shall keep the fee for a period of 30 days from the date of the refusal pending resubmission of the record.

(b) After the 30-day period in Subsection (1)(a), the remitter must pay the applicable fee to resubmit the record.

(2) Communication of the refusal, the reasons for the refusal, and other related information will be made to the remitter as soon as practicable, by the same means as the means by which the DAO record was received by the filing office, or by mail or a more expeditious means as the division shall determine.

(3) Records of refusal, including a copy of the refused DAO record and the grounds for refusal, shall be managed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act and the division's applicable retention schedules.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-11 Evidence of Compliance with Filing Requirements

(1) In accordance with Section R154-3-4, the division form for submission of evidence of compliance with filing requirements is mandatory.

(2) The form described in Subsection (1) will facilitate a DAO providing the information required to show compliance with the requirements listed in Subsection 48-5-201(3).

(3) A data audit that does not meet the requirements as set forth in Section R154-3-12 does not meet the requirement as set forth in Subsection 48-5-201(3)(d).

(4) DAO evidence of compliance with formation requirements, including the form described in Subsection (1) and supplemental materials submitted on behalf of a DAO, shall be managed in accordance with Title 63G, Chapter 2, Government Records Access and Management Act and the division's applicable retention schedules.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-12 Data Audit Requirements

(1)(a) The scope of the data audit must include all software code of the DAO.

(b) If a DAO can show to the satisfaction of the division director or their designee that portions of the software code of the DAO have been previously audited, those portions of the software code may be removed from the scope of the data audit.

(3)(a) The data audit must be conducted by an auditing organization that meets the requirements as set forth in Section R154-3-13.

(b) The division director or their designee may reach out to each auditing organization that performs a data audit for a DAO filing with the division to ascertain whether the auditing organization meets the requirements as set forth in Section R154- 3-13.

(4) A data audit must result in a report that:

(a) Is signed by an officer or principal of the auditing organization;

(b) Provides contact information for an individual from the auditing organization with knowledge of the data audit and report who may be contacted by the division director or their designee;

(d) Discloses if the audit was conducted using fully automated methods with minimal human intervention.

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

Utah Admin. Code R154-3-13 Auditing Organization Requirements

(1) An auditing organization must:

(a) Have been conducting business for at least one year;

(b) Have conducted at least one prior DAO data audit; and

(c) Provide the division with at least one prior DAO client's data audit report or the location where the report is publicly available.

(2) The division may, from time to time, identify auditing organizations that the division has deemed to have met the requirements in Subsection (1).

History

KEY: decentralized autonomous organizations
Date of Last Change: January 1, 2024
Authorizing, and Implemented or Interpreted Law: 48-5-103; 48-5-109

R154-100 Administrative Procedures Act Rule

Utah Admin. Code R154-100-1 Definitions

(1) Terms used in this rule that are defined in the Administrative Procedures Act, Title 63G, Chapter 4, and not otherwise defined in this section shall have the respective meanings given the terms in the Administrative Procedures Act, Title 63G, Chapter 4.

(2) "Division" means the Utah Division of Corporations and Commercial Code in the Utah Department of Commerce.

History

KEY: administrative procedure, government hearing
Date of Last Change: September 21, 2022
Notice of Continuation: August 10, 2023
Authorizing, and Implemented or Interpreted Law: 13-1-10; 63G-4-202

Utah Admin. Code R154-100-2 Designation of Adjudicative Proceedings

(1) Adjudicative proceedings in the division are designated as informal.

(2) Notwithstanding Subsection (1), a party may move to convert an adjudicative proceeding to a formal adjudicative proceeding in accordance with Subsection 63G-4-202(3).

History

KEY: administrative procedure, government hearing
Date of Last Change: September 21, 2022
Notice of Continuation: August 10, 2023
Authorizing, and Implemented or Interpreted Law: 13-1-10; 63G-4-202

Utah Admin. Code R154-100-3 Hearings

No hearing will be held unless specifically required under any laws administered by the division or by the Administrative Procedures Act, Title 63G, Chapter 4.

History

KEY: administrative procedure, government hearing
Date of Last Change: September 21, 2022
Notice of Continuation: August 10, 2023
Authorizing, and Implemented or Interpreted Law: 13-1-10; 63G-4-202

Utah Admin. Code R154-100-4 Designation of Presiding Officer

The presiding officer in any division adjudicative proceeding shall be the director of the division. The director may designate another person to act as presiding officer in any adjudicative proceeding or portion of any adjudicative proceeding.

History

KEY: administrative procedure, government hearing
Date of Last Change: September 21, 2022
Notice of Continuation: August 10, 2023
Authorizing, and Implemented or Interpreted Law: 13-1-10; 63G-4-202

R156 Professional Licensing

R156-1 General Rule of the Division of Professional Licensing

Utah Admin. Code R156-1-101 Title - Authority - Organization of Rules

(1) This rule is known as the "General Rule of the Division of Professional Licensing."

(2) The Division adopts this rule under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Occupations and Professions.

(3)(a) The rules and sections in Title R156 shall, to the extent practicable, follow the numbering and organization of the chapters in Title 58, Occupations and Professions.

(b) This Rule R156-1 has general provisions for the administration and enforcement of professions regulated in Title 58, Occupations and Professions.

(d) The other rules in Title R156 have specific or unique provisions for specific Division professions or programs, which may supplement or alter Rule R156-1 unless expressly provided otherwise in Rule R156-1.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act. In addition:

(1)(a) "Active and in good standing" means a licensure status that allows the licensee full privileges to engage in the practice of the profession subject to the scope of the licensee's license classification.

(b) A license that has been placed on probation subject to terms and conditions is not active and in good standing.

(2)(a) "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.

(b) "Aggravating circumstances" include the following:

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

(ii) dishonest or selfish motive;

(iii) pattern of misconduct;

(iv) multiple offenses;

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

(vi) submission of false evidence, false statements, or engaging in other deceptive practices, including creating, destroying, or altering records;

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

(viii) vulnerability of the victim;

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

(x) illegal conduct, including the use of controlled substances; or

(xi) intimidation or threats of withholding client 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 a license is issued to an applicant:

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

(ii) 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; or

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

(b) not issued in error, but the licensee fails to maintain the ongoing qualifications for licensure and the failure is not defined as unprofessional conduct or unlawful conduct.

(4) "Charges" means the acts or omissions alleged to constitute either unprofessional or unlawful conduct or both by a licensee, that serve as the basis to consider a licensee for inclusion in the Utah Professionals Health Program authorized in Title 58, Chapter 4a, Utah Professionals Health Program.

(5)(a) "Cheating" means the use of any means or instrumentality by or for the benefit of a candidate to alter exam results to inaccurately represent the competency of a candidate with respect to the knowledge or skills about which the candidate is examined.

(b) "Cheating" includes:

(i) for a candidate during an exam:

(A) communication about the exam with another candidate inside the exam room or facility;

(B) communication about the exam with anyone outside of the exam room or facility;

(D) allowing another candidate to copy or look at the candidate's answers;

(E) use of any item, material, or device that is not specifically authorized for use in the exam; or

(F) unauthorized tampering with exam equipment or materials;

(ii) allowing access to exam questions or answers if not authorized by the Division;

(iii) taking or attempting to take an exam for another individual;

(iv) obtaining, using, disclosing, buying, selling, possessing, or having access to any part of a Division exam without written authorization from the Division or its contracted vendor;

(v) violating an exam confidentiality agreement; or

(vi) attesting that the candidate meets the qualifications to sit for an exam if the candidate knows or reasonable should know that the candidate does not meet the qualifications.

(c) "Cheating" is unlawful conduct under Subsection 58-1-501(1)(e) and unprofessional conduct under Subsection 58- 1-501(2)(a)(viii).

(6) "Conditional licensure" means an interim non-adverse licensure action, in which a license is issued to an applicant for initial, renewal, or reinstatement of licensure on a conditional basis in accordance with Section R156-1-308f, while an investigation, inspection, or audit is pending.

(7) "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.

(8)(a) "Disciplinary action" means adverse licensure action by the Division under the authority of Subsection 58-1- 401(2)(a) or (b).

(b) "Disciplinary action" as used in Subsection 58-1-401(6):

(i) means an adverse licensure action initiated by the Division; and

(ii) does not mean an adverse licensure action taken by the Division in response to an application for licensure.

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

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

(11) "Expire" or "expiration" means the automatic termination of a license that occurs:

(a) at the expiration date shown upon a license if the licensee fails to renew the license before the expiration date; or

(b) before 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 that is a business structure such as a partnership, corporation, or other business entity; or

(iii) upon the issuance of a new license that supersedes an old license, including a license that:

(A) replaces a temporary license;

(B) replaces a student or other interim license that 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) "Home telephone number" in Section 58-1-106 or R156-1-106 includes a licensee's personal cell phone number.

(13) "Home address" in Section 58-1-106 or R156-1-106 may include a licensee's mailing address or email address.

(14) "Inactive" or "inactivation" means action by the Division to place a license on inactive status in accordance with Section 58-1-305 and Section R156-1-305.

(15) "Investigative subpoena authority" means the Division assistant director or legal analyst, or an alternate designated by the director in writing.

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

(17) "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.

(18) "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 if the 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 working 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 before the discovery of any misconduct;

(v) inexperience in the practice of the profession, that is not the result of failure to obtain appropriate education or consultation that the applicant or licensee should have known they should obtain before 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 before disciplinary proceedings;

(iv) failure of injured client to complain;

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

(vi) in an informal disciplinary proceeding brought pursuant to Subsection 58-1-501(2)(a)(iii), or 58-1-501(2)(a)(iv), or Section R156-1-501:

(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;

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

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

(20) "Peer committee" mean an advisory peer committee to a board that is created by the Legislature in Title 58, Occupations and Professions, or created by the Division under the authority of Subsection 58-1-203(1)(f).

(21) "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.

(22) "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.

(23) "Regulatory authority" as used in Subsection 58-1-501(2)(a)(iv) and this rule means any governmental entity that licenses, certifies, registers, or otherwise regulates persons subject to its jurisdiction, or grants the right to practice before or otherwise do business with the governmental entity.

(24) "Reinstate" or "reinstatement" means to:

(a) activate an expired license; or

(b) restore a license that is restricted as defined in Subsection (26)(b), suspended, or on probation, to a less restrictive license or an active in good standing license.

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

(26) "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.

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

(28) "Suspend" or "suspension" means disciplinary action by the Division removing the right to use a license for a period or indefinitely as indicated in the disciplinary order, with the possibility of subsequent reinstatement of the right to use the license.

(29) "Surrender" means voluntary action by a licensee giving back or returning to the Division in accordance with Section 58-1-306, the rights and privileges associated with a license issued to the licensee.

(30) "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.

(31) "Unprofessional conduct" as defined in Title 58, Occupations and Professions is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-1-501.

(32) A "warning or final disposition letter that does not constitute disciplinary action" as used in Subsection 58-1- 108(3) means a letter that does not contain findings of fact or conclusions of law and does not constitute a reprimand, but that may address one or more of the following:

(a) Division concerns;

(b) allegations upon which those concerns are based;

(d) disposition of Division concerns.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-102a Global Definitions of Levels of Supervision

(1) Under Subsection 58-1-106(1)(a), except as otherwise provided by statute or rule, the following global definitions of levels of supervision apply to supervision terminology in Title 58, Occupations and Professions and Title R156, and shall be referenced and used to the extent practicable in those statutes and rules to promote uniformity and consistency:

(a) "Direct supervision" and "immediate supervision" means the supervising licensee is present and available for face- to-face communication with the person being supervised when and where professional services are being provided;

(b) "Indirect supervision" means the supervising licensee:

(i) has given either written or oral instructions to the person being supervised;

(ii) is present in the facility or located on the same premises where the person being supervised is providing services; and

(iii) is available to provide immediate face-to-face communication with the person being supervised as necessary.

(i) has authorized the work to be performed by the person being supervised;

(ii) is available for consultation with the person being supervised by personal face-to-face contact, or direct voice contact by electronic or other means, without regard to whether the supervising licensee is present in the facility or located on the same premises where the person being supervised is providing services;

(iii) can provide any necessary consultation within a reasonable time; and

(iv) personal contact is routine.

(d) "Supervising licensee" means a licensee who under statute or rule has satisfied the requirements to act as a supervisor and has agreed to supervise an unlicensed individual or a licensee in a classification or licensure status that requires supervision.

(2) Except as otherwise provided by statute or rule:

(a) unlicensed personnel allowed to practice a regulated profession shall practice under an appropriate level of supervision as defined in this section, as specified by the profession's licensing act or rule; and

(b) a license classification required to practice under supervision shall practice under an appropriate level of supervision as defined in this section, as specified by the profession's licensing act or rule.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-102b Definitions Include Words Formed by Derivation

A word formed by derivation from a word defined in Title 58, Occupations and Professions, or Title R156 is subject to the same applicable requirements, conditions, and restrictions on use. For example, an unlicensed person may not use the word architecture in a business name to avoid the prohibition against the use of the title architect under Section 58-3a-501.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-106 Division - Licensee Lists

(1) Each person requesting a licensee list pursuant to Section 58-1-106 and this section shall apply to the Division upon a form provided by the Division in which the requester:

(a) submits for Division approval a copy of the requester's proposed communications to the licensees, with a description of the proposed frequency and method of communication;

(b) acknowledges that the information received is a Division record under Title 63G, Chapter 2, Government Records Access and Management Act (GRAMA), and that a violation of Section 58-1-106 or this section may subject the requester to criminal penalties and other remedies under GRAMA; and

(i) comply with the restrictions of this section;

(ii) use the information received only for the purposes for which the requester is authorized;

(iii) not disclose or disseminate the information received to another person who is not the requester's agent or employee;

(iv) not use the information received for advertising or solicitation except as allowed in this section;

(v) only distribute to the licensees the Division-approved communications and informational material at the approved frequency and method;

(vi)(A) include with each communication a clear and conspicuous explanation of how the licensee can opt out of receiving future communications; and

(B) honor opt-out requests within five business days; and

(vii) if notified by the Division:

(A) immediately stop use of the information received and stop communications and distribution of informational material to licensees; and

(B) within 15 days, destroy the information received, and certify in writing to the Division its destruction.

(2) Under Subsections 58-1-106(1)(k) and 58-1-106(2), the Division may provide the following requesters a list of multiple licensees, and include licensee home telephone numbers, home addresses, or email addresses:

(a) a governmental entity, including another state or territory or its regulatory agency;

(b) a government-managed corporation;

(d) the federal government;

(e) a party to a prelitigation proceeding convened by the Division under Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act;

(f) a medical reserve corps, public safety authority, host entity, unified command, or other person concurrently engaged with a person described in Subsections (2)(a) through (d), for preparing for, participating in, or responding to an emergency described in Section 58-1-307;

(g) a research university or regional university in the Utah System of Higher Education, for conducting research;

(h) a Utah nonprofit voluntary professional membership association of individuals licensed by the Division, for purposes that, notwithstanding Subsection (1)(c), may include advertising or soliciting association membership;

(i) a local health department created under Title 26A, Chapter 1, Local Health Departments or the Utah Association of Local Health Departments, for contacting health care providers who reside or work within a local health department boundary about a public health emergency or public health concern within that local health department boundary;

(j) a Division contracted vendor for accomplishing that contract, such as the Division's exams vendor for surveying licensees regarding a job analysis; or

(k) the following persons, for the sole purpose of providing licensees continuing education that meets the requirements of Title 58, Occupations and Professions, and Title R156:

(i) a professional association not described in Subsection (2)(h);

(ii) a nonprofit regulatory association in which the Division holds membership;

(iii) a private continuing education organization;

(iv) a trade union; or

(v) a school of higher education and training such as a university, college, technical college, or career and technical school.

(3) As used in Subsection (2)(k), providing licensees continuing education does not mean providing general information, learning opportunities, marketing, or outreach, including the following:

(a) volunteer opportunities, even if the volunteer would receive training and practical education;

(b) involvement in advocating for legislation;

(d) solicitations or recruitment for membership; or

(e) continuing education advertisements in a newsletter or other communication issued by the requester that also contains non-continuing education advertisements or other information, unless:

(i) the newsletter is issued by a Utah nonprofit professional association or trade union; and

(ii) the Division determines the newsletter's primary focus is communicating educational articles and information about continuing education, and only incidentally contains advertisements and solicitations for membership.

(4) Under Subsection 58-1-106(3)(c), proper identification of an individual who requests the address or telephone number of a licensee under Subsection 58-1-106(3)(a) shall consist of the individual's:

(a) full legal name;

(b) mailing address;

(d) daytime phone number; and

(e)(i) one of the following current photo identifications issued by a foreign or domestic government:

(A) driver's license;

(B) non-driver identification card;

(D) military identification; or

(E) concealed weapons permit; or

(ii) if the individual does not have government-issued identification, alternative evidence of the individual's identity as determined appropriate by the Division, if the Division documents on the requester's application how the individual was positively identified.

(5) The Division may deny a request under Section 58-1-106 for a licensee list or for a home address, email address, or home telephone number of a licensee if the Division determines:

(a) the request is an unwarranted invasion of privacy or a threat to the public health, safety, and welfare; or

(b) the requester, or any affiliate of the requester, failed to comply with the terms and conditions of a previous application or otherwise violated this section.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-109 Presiding Officers

(1) This section establishes the presiding officers for the Division under Subsection 63G-4-103(1)(h) and Sections 58- 1-104, 58-1-106, 58-1-109, 58-1-202, 58-1-203, 58-55-103, and 58-55-201, except as otherwise designated in writing by the Director, or by the Construction Services Commission under Title 58, Chapter 55, Utah Construction Trades Licensing Act.

(2) The Division or Department employee designated in writing by the Director is the presiding officer for issuance of:

(a) notices of agency action; and

(b) notices of hearing issued concurrently with a notice of agency action or issued in response to a request for agency action.

(3) Under Subsections 58-1-109(2) and 58-1-109(4) a Department administrative law judge is the presiding officer for entering an order of default against a party and conducting further proceedings to complete the adjudicative proceeding, including issuing a recommended order to the Director or Construction Services Commission determining the discipline to be imposed, licensure action to be taken, relief to be granted, or other appropriate matters.

(4) Except as provided in Subsection (9), the presiding officers for adjudicative proceedings before the Division are as follows:

(a) the Director is the presiding officer for the following adjudicative proceedings, however resolved, including stipulated settlements and hearings:

(i) formal adjudicative proceedings under:

(A) Subsection R156-46b-201(1)(b), request for declaratory order conducted as a formal adjudicative proceeding;

(B) Subsection R156-46b-201(2)(a), formal disciplinary proceeding for revocation, suspension, restricted licensure, probationary licensure, cease and desist order or administrative fine not through citation, or public reprimand;

(D) Subsection R156-46b-201(2)(c), termination of diversion agreement or program contract under Section 58-4a-107; and

(ii) informal adjudicative proceedings under:

(A) Subsection R156-46b-202(1)(d), payment of approved claim against the Residence Lien Recovery Fund;

(B) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;

(C) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;

(D) Subsection R!56-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;

(E) Subsection R156-46b-202(1)(i), disciplinary sanction imposed in a stipulation or memorandum of understanding with a licensure applicant;

(F) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;

(G) Subsection R156-46b-202(2)(a), nondisciplinary proceeding that results in cancellation of licensure;

(H) Subsection R156-46b-202(2)(b)(ii), disciplinary proceeding against a controlled substance licensee;

(I) Subsection R156-46b-202(2)(c), disciplinary proceeding for violation of an order governing a license; and

(J) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsection 58-1-501(2)(a)(iii) or (iv) or Section R156-1-501.

(b) the bureau manager or program coordinator over the profession or program involved is the presiding officer for:

(i) formal adjudicative proceedings under Subsection R156-46b-201(1)(c), for determining if a request for a board of appeal is properly filed under Subsections R156-15A-210(1) through (4); and

(ii) informal adjudicative proceedings under:

(A) Subsection R156-46b-202(1)(a), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status, tax credit certificate, or criminal history determination;

(B) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;

(D) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes;

(E) Subsection R156-46b-202(2)(b)(iii), disciplinary proceeding against a contract security company or armored car company for failure to replace a qualifier;

(F) Subsection R156-46b-202(2)(b)(iv), disciplinary proceeding against a hunting guide or outfitter for unprofessional conduct under Subsection R156-79-502(12) or R156-79-502(14); and

(G) Subsection R156-46b-202(2)(e), disciplinary proceeding regarding renewal requirements.

(5) A Department administrative law judge licensed in good standing with the Utah State Bar is the presiding officer for informal citation hearings under Subsection R156-46b-202(1)(g).

(6)(a) The Uniform Building Code Commission is the presiding officer for formal adjudicative proceedings under Subsection R156-46b-201(1)(c) for convening a board of appeal under Subsection 15A-1-207(3), serving as fact finder at the evidentiary hearing, and entering the final order.

(b) A Department administrative law judge shall conduct the hearing as specified in Subsection 58-1-109(2).

(7) The Residence Lien Recovery Fund manager, bureau manager, or program coordinator designated in writing by the Director is the presiding officer for informal adjudicative proceedings under Subsection R156-46b-202(1)(c), for approval or denial of claims against the Residence Lien Recovery Fund.

(8)(a) The Utah Professionals Health Program manager or an alternate Department employee designated in writing by the Director is the presiding officer for informal adjudicative proceedings under Title 58, Chapter 4a, Utah Professionals Health Program, including:

(i) Subsection R156-46b-202(1)(e)(ii), request for entry into and participation in the Utah Professionals Health Program; and

(ii) Subsection R156-46b-202(1)(f), matters relating to the Utah Professionals Health Program that do not involve termination under Section 58-4a-107.

(b) Each program contract for entry into and participation in the Utah Professionals Health Program shall require the written concurrence of the Division director.

(9)(a)(i)(A) The Construction Services Commission is the presiding officer for adjudicative proceedings under Title 58, Chapter 55, Utah Construction Trades Licensing Act, however resolved including stipulated settlements and hearings, except as otherwise specified in this rule.

(B) Orders adopted by the Commission as presiding officer require the concurrence of the Director.

(ii) The Construction Services Commission is the presiding officer:

(A) for informal adjudicative proceedings under:

(I) Subsection R156-46b-202(1)(e)(iii), approval or denial of request for modification of a disciplinary order;

(II) Subsection R156-46b-202(1)(e)(v), approval or denial of request for correction of other than procedural or clerical mistakes;

(III) Subsection R156-46b-202(1)(h), request for declaratory order conducted as an informal adjudicative proceeding;

(IV) Subsection R156-46b-202(1)(i), disciplinary sanctions imposed in a stipulation or memorandum of understanding with a licensure applicant;

(V) Subsection R156-46b-202(1)(j), other requests for agency action not designated as a formal adjudicative proceeding;

(VI) except for dismissals under Subsection (9)(d)(vi), Subsection R156-46b-202(2)(b)(i) disciplinary proceedings against a contractor, plumber, electrician, or alarm company;

(VII) Subsection R156-46b-202(2)(c), disciplinary proceedings concerning violations of an order governing a license; and

(VIII) Subsection R156-46b-202(2)(d), disciplinary proceeding limited to Subsection 58-1-501(2)(a)(iii) or (iv) or Section R156-1-501;

(B) to serve as fact finder and adopt orders in formal evidentiary hearings for adjudicative proceedings involving persons licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and

(C)(I) to review recommended orders of a board, an administrative law judge, or other presiding officer who acted as the fact finder in an evidentiary hearing involving a person licensed or required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, and to adopt an order of its own; and

(II) in adopting its order, the Construction Services Commission may accept, modify, or reject the recommended order.

(iii)(A) Orders of the Construction Services Commission shall address the issues before the Construction Services Commission and shall be based upon the record developed in an adjudicative proceeding conducted by the Construction Services Commission.

(B) If the Commission has designated another presiding officer to conduct an adjudicative proceeding and submit a recommended order, the record to be reviewed by the Construction Services Commission shall consist of the findings of fact, conclusions of law, and recommended order submitted by the presiding officer based upon the evidence presented in the adjudicative proceeding before the presiding officer.

(iv)(A) The Construction Services Commission or its designee shall submit an adopted order to the Director for the Director's concurrence or rejection within 30 days after it receives a recommended order or adopts an order, whichever is earlier.

(B) An adopted order is issued and becomes a final order upon the concurrence of the Director.

(v)(A) Under Subsection 58-55-103(10), if the Director refuses to concur in an adopted order, the Director shall return the adopted order to the Construction Services Commission or its designee with the reasons in writing.

(B) The Construction Services Commission or its designee shall reconsider the returned adopted order and resubmit an adopted order to the Director, whether or not modified, within 30 days of the date of the initial or subsequent return.

(C) The Director shall consider the resubmitted adopted order and either concur rendering the order final, or refuse to concur and issue a final order, within 90 days of the date of the initial recommended order.

(D) If the time frames in this subsection are followed, this subsection may not preclude an informal resolution such as an executive session of the Construction Services Commission or its designee with the Director to resolve the reasons for the Director's refusal to concur in an adopted order.

(vi) The record of the adjudicative proceeding shall include recommended orders, adopted orders, refusals to concur in adopted orders, and final orders.

(vii) The final order issued by the Construction Services Commission and concurred in by the Director, or not concurred in by the Director and issued by the Director, may be appealed by filing a request for agency review with the Executive Director.

(viii) The content of orders shall comply with Subsection 63G-4-203(1) and Sections 63G-4-208 and 63G-4-209.

(b) The Director is the presiding officer for the concurrence role in disciplinary proceedings under Subsections R156- 46b-202(2)(b)(i), R156-46b-202(2)(c), and R156-46b-202(2)(d) as required by Subsection 58-55-103(1)(b)(iv).

(c) A Department administrative law judge is the presiding officer to conduct formal adjudicative proceedings before the Construction Services Commission and its advisory boards, as specified in Subsection 58-1-109(2).

(d) The bureau manager is the presiding officer to conduct informal adjudicative proceedings under:

(i) Subsections R156-46b-202(1)(a)(i) through (1)(a)(iv), approval or denial of an application for initial licensure, renewal, reinstatement, inactive or emeritus status;

(ii) Subsection R156-46b-202(1)(a)(vi), approval or denial of an application for criminal history determination;

(iii) Subsection R156-46b-202(1)(b), favorable or unfavorable criminal history determination;

(iv) Subsection R156-46b-202(1)(e)(i), approval or denial of request to surrender licensure;

(v) Subsection R156-46b-202(1)(e)(iv), approval or denial of request for correction of procedural or clerical mistakes;

(vi) dismissal of a Subsection R156-46b-202(2)(b)(i) disciplinary proceeding based upon the respondent's documented compliance, such as by the respondent replacing a qualifier, providing a required bond, or obtaining necessary insurance; and

(vii) Subsection R156-46b-202(2)(e), disciplinary proceeding regarding renewal requirements.

(e) The Plumbers Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as plumbers.

(f) The Electricians Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as electricians.

(g) The Alarm System Security and Licensing Board is the presiding officer to serve as the fact finder and to issue recommended orders to the Construction Services Commission in formal evidentiary hearings for adjudicative proceedings involving persons licensed as or required to be licensed as alarm companies or agents.

(10) At the direction of a manager or program coordinator, a licensing technician or program technician may sign an informal order in the technician's name if:

(a) the manager or program coordinator approves the wording in advance; and

(b) the caption "FOR THE MANAGER" or "FOR THE PROGRAM COORDINATOR" immediately precedes the technician's signature.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-109a Designation of Board Panel - Petition for Review of Panel Decision

(1)(a) Under Subsection 58-1-109(3)(b) the Director may designate any odd number of board members on a case-by- case or period-of-time basis to represent a licensing board as the presiding officer.

(b) If the Director has not designated board members under Subsection (1)(a) or insufficient board members are able to serve, the bureau manager or licensing board chair may designate the board members to serve.

(2)(a) Under Subsection 58-1-109(4)(b) and Section R151-4-401, to petition the licensing board to review a recommended order issued by the designated board members, the aggrieved person shall file with the Division the petition form available from the Division within ten calendar days after the day on which the recommended order is issued.

(b) The petition shall:

(i) be signed by the aggrieved person seeking review;

(ii) state the grounds for review and the relief requested;

(iii) state the date upon which the petition was filed with the Division; and

(iv) be concurrently served on each party and any administrative law judge who is assigned to the case.

(3) If the aggrieved person does not file a petition in accordance with Subsection (2), the designated board members' recommended order becomes the final recommended order of the licensing board.

(4)(a) As determined by the Division, a licensing board may review a properly filed petition together with the designated board members' recommended order at the licensing board's next regularly scheduled board meeting, or at a specially noticed board meeting.

(b) Under Subsection 58-1-109(4)(c), after review a licensing board may issue its recommended order by affirming the designated board members' recommended order, or modifying or rejecting all or any part of that recommended order and entering new findings of fact, conclusions of law, statement of reasons, and order.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-110 Issuance of Investigative Subpoenas

(1)(a) A request for a subpoena in a Division investigation pursuant to Subsection 58-1-106(1)(c) shall be made in writing to the investigative subpoena authority and accompanied by a draft of the proposed subpoena.

(b) Each request shall contain adequate information to enable the investigative subpoena authority to make a finding of sufficient need, including:

(i) the factual basis for the request;

(ii) the relevance and necessity of the particular person and evidence to the investigation; and

(iii) an explanation of why the subpoena is directed to the person upon whom it is to be served.

(c) A request for a subpoena and each finding by the investigative subpoena authority is part of the investigative case file and is evidence obtained as a part of an investigation before that evidence is presented in an administrative action or criminal action.

(2) An approved subpoena shall be issued under the seal of the Division and the signature of the investigative subpoena authority.

(3) The person who requests an investigative subpoena is responsible for service of the subpoena.

(4)(a) Service may be made:

(i) on a person upon whom a summons may be served pursuant to the Utah Rules of Civil Procedure; and

(ii) personally or on the agent of the person being served.

(b) If a party is represented by an attorney, service shall be made on the attorney.

(5)(a) Service may be accomplished by hand delivery or by mail to the last known address of the intended recipient.

(b) Service by mail is complete upon mailing.

(d) Service by electronic means is complete on transmission if transmission is completed during normal business hours at the place receiving the service, 8 a.m. to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays; otherwise, service is complete on the next business day.

(6)(a) Each investigative subpoena shall have a certificate of service.

(b) The certificate of service may be a separate form or may be on the subpoena.

(c) The person serving the subpoena shall complete the certificate of service for both the served copy and the copy kept for the Division files.

(7) Each investigative subpoena shall have a form provided by the Division for the recipient's custodian of records to complete, sign, and return with the requested information to establish the authenticity of the information.

(8)(a) The investigative subpoena authority may quash or modify an investigative subpoena if the recipient shows the investigative subpoena is unreasonable or oppressive.

(b) A recipient shall file and serve a motion to quash or modify an investigative subpoena upon the investigative subpoena authority no later than ten days after service of the investigative subpoena.

(c) The Division shall file and serve its response to a motion to quash or modify an investigative subpoena upon the investigative subpoena authority and the recipient no later than five business days after receipt of the motion.

(d) The recipient may not file a reply to the Division's response.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-111 Qualifications for Tax Certificate - Definitions - Application Requirements

(1)(a) "Psychiatrist" under Subsection 58-1-111(1)(d), includes a licensed physician who is board eligible or board certified for a psychiatry specialization recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (BOS); and

(b) "previously or currently board certified in psychiatry" in Subsection 58-1-111(1)(f)(ii)(B) means board certified for a psychiatry specialization recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association's Bureau of Osteopathic Specialists (BOS).

(2) An applicant for a tax credit certificate under Section 58-1-111 shall provide to the Division:

(a) the original application made available on the Division's website, containing the signed attestation of compliance; and

(b) additional documentation that may be required by the Division to verify the applicant's representations made in the application.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-205 Peer or Advisory Committees - Executive Director to Appoint - Terms of Office - Vacancies in Office - Removal from Office - Quorum Requirements - Appointment of Chairman - Division to Provide Secretary - Compliance with Open and Public Meetings Act and Utah Administrative Procedures Act - No Per Diem and Expenses

(1) The executive director shall appoint the members of peer or advisory committees established under Title 58, Occupations and Professions, or Title R156.

(2)(a) Except for ad hoc committees whose members shall be appointed on a case-by-case basis, the term of office of peer or advisory committee members is four years.

(b) The executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that they are staggered so that about half of the peer or advisory committee is appointed on two-year cycles.

(3) A peer or advisory committee member may not serve more than two full consecutive terms, and a member who ceases to serve may not serve again until after the expiration of two years from the date of cessation of service.

(4)(a) If a vacancy on a peer or advisory committee occurs, the executive director shall appoint a replacement to fill the unexpired term.

(b) After filling the unexpired term, the replacement may be appointed for only one additional full term.

(5)(a) If a peer or advisory committee member fails or refuses to fulfill the responsibilities and duties of a peer or advisory committee member, including attendance at meetings, the executive director may remove the peer or advisory committee member and replace the member in accordance with this section.

(b) After filling the unexpired term, the replacement may be appointed for only one additional full term.

(6) Committee meetings may only be convened with the approval of the appropriate board and the concurrence of the Division.

(7) Unless otherwise approved by the Division, peer or advisory committee meetings shall be held in the building occupied by the Division.

(8) A majority of the peer or advisory committee members shall constitute a quorum and may act on behalf of the peer or advisory committee.

(9)(a) Peer or advisory committees shall annually designate one of their members to serve as chair.

(b) The Division shall provide a Division employee to act as committee secretary to take minutes of committee meetings and to prepare committee correspondence.

(10) Peer or advisory committees shall comply with Title 52, Chapter 4, Open and Public Meetings Act.

(11) Peer or advisory committees shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.

(12) Peer or advisory committee members shall perform their duties and responsibilities as public service and may not receive a per diem allowance, or traveling or accommodations expenses incurred in peer or advisory committees business, except as otherwise provided in Title 58, Occupations and Professions, or Title R156.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-206 Emergency Review Committees - Appointment - Terms - Vacancies - Removal - Quorum - Chair and Secretary - Open and Public Meetings Act and Utah Administrative Procedures Act - Per Diem and Expenses

(1) The board chair for the profession of the person against whom an emergency adjudicative proceeding is proposed under Sections 63G-4-502 and 58-1-108 may appoint the members of the emergency review committee on a case-by-case or period-of-time basis.

(2) With the exception of the appointment and removal of members and filling of vacancies by the board chair, emergency review committees shall serve in accordance with Subsections R156-1-205(7), and (9) through (12).

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-301 License Application - Filing Date - Applicable Requirements for Licensure - Issuance Date

(1) The filing date for an application for licensure is the postmark date of the application or the date the application is received and date stamped by the Division, whichever is earlier.

(2) Except as otherwise provided by statute, rule, or order, the requirements for licensure are the requirements in effect on the filing date of the application.

(3) The issuance date for a license is the date the approval is input into the Division's electronic licensure database.

(4) Under Subsection 58-1-301(1)(b)(ii)(B), other satisfactory evidence of an applicant's identity is:

(a) an Individual Taxpayer Identification Number (ITIN);

(b) an Alien Registration Number (A-number); or

(c) for an applicant who has never been issued a social security number, Individual Taxpayer Identification Number (ITIN), or Alien Registration Number (A-number):

(i) an unexpired government-issued passport from the applicant's country of residence; and

(ii) an intent-to-hire letter from a Utah-based employer.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-301 7. Change of Information - Notification

(1) Notification sent by email under Section 58-1-301.7 is complete on transmission if transmission is completed during normal business hours, 8 a.m. to 5 p.m. on days other than Saturdays, Sundays, and state and federal holidays, at the place receiving the notice; otherwise, notice is complete on the next business day.

(2) Notification by email may be accomplished by attachment to the email or in the body of the email, or both.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-302 Licensure by Endorsement

(1) This section is adopted by the Division under the authority of Subsection 58-1-302(6) to enable the Division to administer Section 58-1-302.

(2) An applicant for licensure by endorsement who has the required experience practicing under a license issued in the other state, district, territory, or jurisdiction is not required to have the license currently active.

(3) Under Subsection 58-1-302(4), the Division may consider in its evaluation of an applicant for licensure by endorsement's experience or other qualifications the time that has elapsed since the applicant's licensed or lawful practice.

(4) The Division may require an applicant for licensure by endorsement to pass one or more of the exams required to obtain licensure in the profession, such as a business and law exam, jurisprudence exam, or professional exam, except if expressly provided otherwise in statute or rule.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

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

(1) Under Section 53-2a-1203, a person who provides services under this exemption from licensure, shall within 30 days of entry file a notice with the Division under Subsection 53-2a-1205(1) using forms available from the Division.

(2) Under Section 53-2a-1205 and Subsection 58-1-303(1), a person who provides services under the exemption from licensure in Section 53-2a-1203 for a declared disaster or emergency shall, after the disaster period ends and before continuing to provide services, meet the normal requirements for licensure under Title 58, Occupations and Professions, unless:

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

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

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-305 Inactive Licensure

(1) Under Section 58-1-305, the following licenses issued under Title 58, Occupations and Professions that are active in good standing may be placed on inactive licensure status:

(a) advanced practice registered nurse (APRN);

(b) anesthesiologist assistant;

(d) audiologist;

(e) certified public accountant emeritus;

(f) certified prescribing psychologist;

(g) certified nurse midwife;

(h) state certified court reporter;

(i) certified social worker;

(j) chiropractic physician;

(k) clinical mental health counselor;

(l) clinical social worker;

(m) contractor;

(n) deception detection examiner;

(o) deception detection intern;

(p) dental hygienist;

(q) dentist;

(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;

(x) genetic counselor;

(y) health facility administrator;

(z) hearing instrument specialist;

(aa) landscape architect;

(bb) licensed advanced substance use disorder counselor;

(cc) licensed physical therapist;

(dd) marriage and family therapist;

(ee) master addiction counselor;

(ff) naturopath-naturopathic physician;

(gg) optometrist;

(hh) osteopathic physician and surgeon;

(ii) pharmacist;

(jj) pharmacy technician;

(kk) physician assistant;

(ll) physician and surgeon;

(mm) podiatric physician;

(nn) private probation provider;

(oo) professional engineer;

(pp) professional land surveyor;

(qq) professional structural engineer;

(rr) psychologist;

(ss) radiology practical technician;

(tt) school psychological practitioner;

(uu) radiologic technologist;

(vv) security personnel;

(ww) speech-language pathologist;

(xx) substance use disorder counselor;

(yy) veterinarian; and

(zz) state certified veterinary technician.

(2)(a) A licensee requesting inactive licensure shall submit a verified application in a form prescribed by the Division together with:

(i) documentation that the applicant meets the requirements for inactive licensure; and

(ii) the appropriate fee.

(b) If the licensee meets the requirements for inactive licensure, the Division shall place the license on inactive status.

(3) A license may remain on inactive status indefinitely except as otherwise provided in Title 58, Occupations or Professions or Title R156.

(4) An inactive licensee may activate their license by submitting a verified application for activation in a form prescribed by the Division together with:

(a) the appropriate fee; and

(b) except as otherwise provided in Title 58, Occupations and Professions or Title R156, documentation that the inactive licensee meets current renewal requirements.

(5) 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 remaining until the impending renewal date, rather than being required to immediately renew their activated license.

(6) A Controlled Substance license may be placed on inactive status if it is attached to a primary license placed on inactive status.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308a Renewal Dates

(1) The following standard two-year renewal cycle renewal dates are established by license classification in accordance with Subsection 58-1-308(1):

TABLE 1

Renewal Dates

Acupuncturist

May 1 even years

Advanced Practice Registered Nurse

January 31 even years

Advanced Practice Registered Nurse - CRNA

January 31 even years

Anesthesiologist Assistant

January 31 even years

Architect

May 31 even years

Associate Clinical Mental Health Counselor

September 30 even years

Associate Marriage and Family Therapist

September 30 even years

Associate Master Addiction Counselor

May 31 odd years

Athlete Agent

September 30

even years

Athletic Trainer

May 31 odd years

Audiologist

May 31

odd years

Barber

September 30 odd years

Barber Apprentice

September 30 odd years

Barber School

September 30 odd years

Behavior Analyst

Assistant Behavior Analyst

September 30 even years

Behavior Specialist

Assistant Behavior Specialist

September 30 even years

Building Inspector

November 30 odd years

Burglar Alarm Security

March 31 odd years

C.P.A. Firm

December 31 even years

Certified Dietitian

September 30 even years

Certified Nurse Midwife

January 31 even years

Certified Prescribing Psychologist

September 30 even years

Certified Public Accountant

December 31 even years

Certified Social Worker

September 30 even years

Chiropractic Physician

May 31 even years

Clinical Mental Health Counselor

September 30 even years

Clinical Social Worker

September 30 even years

Contractor

November 30 odd years

Controlled Substance License

primary license renewal

Controlled Substance Precursor

May 31 odd years

Controlled Substance Handler

September 30 odd years

Cosmetologist/Barber

September 30 odd years

Cosmetologist/Barber Apprentice

September 30 odd years

Cosmetology/Barber School

September 30 odd years

Deception Detection Examiner

Deception Detection Examination Administrator

Deception Detection Intern

November 30 even years

Dental Hygienist

May 31 even years

Dentist

May 31 even years

Direct-entry Midwife

September 30 odd years

Dispensing Medical Practitioner -

Advanced Practice Registered Nurse

Optometrist

Osteopathic Physician and Surgeon

Physician and Surgeon

Physician Assistant

September 30 odd years

Dispensing Medical Practitioner Clinic Pharmacy

September 30 odd years

Dispensing Practitioner (LDP)

primary license renewal

Electrician -

Apprentice

Journeyman, Master

Residential Journeyman, Residential Master

November 30 even years

Electrologist

September 30 odd years

Electrology School

September 30 odd years

Elevator Mechanic

November 30 even years

Environmental Health Scientist

May 31 odd years

Esthetician

September 30 odd years

Esthetician Apprentice

September 30 odd years

Esthetics School

September 30 odd years

Eyelash and Eyebrow Technician

September 30 odd years

Eyelash and Eyebrow Technology School

September 30 odd years

Factory Built Housing Dealer

September 30 even years

Funeral Service Director

May 31 even years

Funeral Service Establishment

May 31 even years

Genetic Counselor

September 30 even years

Hair Designer

September 30 odd years

Hair Designer School

September 30 odd years

Health Facility Administrator

May 31 odd years

Hearing Instrument Specialist

September 30 even years

Landscape Architect

May 31 even years

Licensed Advanced Substance

Use Disorder Counselor

May 31 odd years

Licensed Behavioral Health Coach

September 30 even years

Licensed Practical Nurse

January 31 even years

Licensed School Psychological Practitioner

September 30 even years

Licensed Substance Use Disorder Counselor

May 31 odd years

Marriage and Family Therapist

September 30 even years

Massage Apprentice

May 31 odd years

Massage Therapist

May 31 odd years

Massage Assistant

May 31 odd years

Master Addiction Counselor

May 31 odd years

Master Esthetician

September 30 odd years

Master Esthetician Apprentice

September 30 odd years

Medication Aide Certified

March 31 odd years

Nail Technologist

September 30 odd years

Nail Technologist Apprentice

September 30 odd years

Nail Technology School

September 30 odd years

Naturopath - Naturopathic Physician

May 31 even years

Occupational Therapist

May 31 odd years

Occupational Therapy Assistant

May 31 odd years

Optometrist

September 30 even years

Osteopathic Physician and Surgeon

Restricted Associate Osteopathic Physician

May 31 even years

Outfitter and Hunting Guide

May 31 even years

Pharmacy - Class A, B, C, D, E, or

Online Contract Pharmacy

September 30 odd years

Pharmacist

September 30 odd years

Pharmacy Technician

September 30 odd years

Physical Therapist

May 31 odd years

Physical Therapist Assistant

May 31 odd years

Physician Assistant

May 31 even years

Physician and Surgeon,

Restricted Associate Physician

January 31 even years

Plumber --

Apprentice,

Journeyman, Master

Residential Master, Residential Journeyman

November 30 even years

Podiatric Physician

September 30 even years

Preneed Funeral Arrangement Sales Agent

May 31 even years

Private Probation Provider

May 31 odd years

Professional Engineer

March 31 odd years

Professional Geologist

March 31 odd years

Professional Land Surveyor

March 31 odd years

Professional Structural Engineer

March 31 odd years

Provisional Prescribing Psychologist

September 30 even years

Psychologist

September 30 even years

Radiologic Technologist

Radiology Practical Technician

Radiologist Assistant

May 31 odd years

Recreational Therapy -

Therapeutic Recreation Technician

Therapeutic Recreation Specialist

Master Therapeutic Recreation Specialist

May 31 odd years

Registered Nurse

January 31 odd years

Respiratory Care Practitioner

September 30 even years

Security Personnel

November 30 even years

Social Service Worker

September 30 even years

Speech-Language Pathologist

May 31 odd years

State Certified Behavioral Health Technician

September 30 even years

State Certified Commercial Interior Designer

March 31 odd years

State Certified Court Reporter

May 31 even years

State Certified Music Therapist

March 31 odd years

State Certified Veterinary Technician

September 30 even years

Veterinarian

September 30 even years

Vocational Rehabilitation Counselor

March 31 odd years

(2) The following non-standard license terms and renewal or extension cycles are established in accordance with Subsection 58-1-308(1) and specific requirements of the license:

TABLE 2

Non-Standard License Terms

PROFESSION

TERM

Certified Medical Language Interpreter Tier 1 or 2

(Section 58-80a-304)

3-year term, renews March 31 - may renew.

Funeral Service Intern

(Subsection 58-9-303(2))

2-year term, and one additional 2-year term* - then may extend only for hardship.**

Hearing Instrument Intern

(Subsection 58-46a-303(2))

3-year term - may extend.*, **

Massage Assistant In-Training

(Sections 58-47b-303, R156-47b-303)

6-month term - may extend only for hardship.*, **

Pharmacy technician trainee

(Section 58-17b-305.1, Subsection R156-17b-303a(4))

2-year term - may extend for exceptional circumstances.*

Psychology Resident

(Subsection 58-61-304(3)(b))

2-year term - may extend for a period not to exceed two years past the date of completion of the minimum supervised experience requirement.*

Type I Foreign Trained Physician-Educator

(Section 58-67-302.7)

Initial 1-year term - may renew on 2-year cycles if satisfies Subsection 58- 67-302.7(2) requirements, and completes Section 58-37-303 CE.

Type II Foreign Trained Physician-Educator

(Section 58-67-302.7)

Initial 1-year term -- may renew annually up to four times if satisfies Subsection 58-67-302.7(3) requirements, and completes Section 58-67-303 CE.

*Extension allowed only if the licensee presents evidence satisfactory to the Division and board that the licensee is on a course reasonably expected to lead to licensure, such as making reasonable progress toward passing any qualifying examinations or completing required supervision hours.

**Extension allowed only if a circumstance of hardship arose beyond the licensee's control to prevent the completion of the licensure process, and extension is for a period proportionate to hardship.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308b Renewal Periods - Adjustment of Renewal Fees for an Extended or Shortened Renewal Period

(1) Except as otherwise provided by statute or as required to establish or reestablish a renewal period, each renewal period shall be two years.

(2) The renewal fee for a renewal period that is extended or shortened by more than one month to establish or reestablish a renewal period may be increased or decreased proportionately.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308c Renewal of Licensure Procedures

(1) Under Subsection 58-1-308(3) this section establishes the procedures for renewal of licensure.

(2) The Division shall send a renewal notice to each licensee at least 60 days before the expiration date of the licensee's license.

(3)(a) The Division shall send each renewal notice by email to the most recent email address provided to the Division by the licensee.

(b) The Division may send a renewal notice by mail deposited in the post office postage prepaid, addressed to the most recent mailing provided to the Division by the licensee.

(4) Under Subsection 58-1-301.7(2), a notification sent to the most recent mailing address or email address provided to the Division by the licensee constitutes legal notice.

(5) Each renewal notice shall:

(a) include directions for the licensee to renew the license on the Division's website;

(b) notify the licensee that the renewal requirements are outlined in the online renewal process, and that each licensee shall document or certify that the licensee meets the renewal requirements before renewal; and

(i) a license that is not renewed before the license expiration date automatically expires; and

(ii) continued practice without a license is a criminal offense under Subsection 58-1-501(1)(a).

(6) A licensee who is licensed during the last 12 months of a renewal cycle shall be licensed for a full renewal cycle plus the time remaining until the impending renewal date, and is not required to immediately renew the license.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308d Waiver of Continuing Education Requirements - Credit for Volunteer Service

(1)(a) Under Subsection 58-1-203(1)(g), a licensee may request a waiver of a continuing education requirement under this title, or an extension of time to complete a requirement, if the licensee will be unable or was unable to complete the requirement due to a medical or related condition, humanitarian or ecclesiastical services, extended presence in a geographical area where continuing education is not available, or other reasonable cause.

(b) A licensee shall submit the request no later than the deadline for completing the continuing education requirement, except as allowed by the Division for good cause shown.

(c) A licensee submitting a request has the burden of proof and shall document the reason for the request to the satisfaction of the Division.

(d) A request shall include the beginning and ending dates during which the licensee is unable, or was unable, to complete the continuing education requirement and a detailed explanation of the reason that includes:

(i) the extent and duration of the impediment;

(ii) the extent to which the licensee will continue to be, or continued to be, engaged in practice of the licensee's profession;

(iii) the nature of the medical condition;

(iv) the location and nature of the humanitarian services;

(v) the geographical area where continuing education is not available; and

(vi) other relevant information.

(e) The Division may require a licensee to obtain a specified number of continuing education hours, courses, or both, before reentering the practice of the profession or within a specified period after reentering the practice of the profession, as recommended by the appropriate board, to assure competent practice.

(f)(i) A licensee who receives a waiver from meeting the minimum continuing education requirements is not exempt from Subsection 58-1-501(2)(a)(ix), which requires that the licensee provide services within the competency, abilities, and education of the licensee.

(ii) If a licensee cannot competently provide services, the waiver of meeting the continuing education requirements may be conditioned upon the licensee limiting practice to areas in which the licensee has the required competency, abilities, and education.

(2)(a) Under Subsections 58-1-203(1)(g) and 58-55-302.5(2)(e)(i), the Division may grant continuing education credit to a licensee for volunteering as a subject-matter expert in the review and development of licensing exams for the licensee's profession.

(b) Subject to specific limitations established by rule by the Division in collaboration with a licensing board or the Construction Services Commission, this volunteer continuing education credit shall:

(i) apply to the license period or periods during which the volunteer service was provided;

(ii) be granted on a 1:1 ratio, meaning that for each hour of attendance, the licensee may receive one hour of credit;

(iii) be core, classroom, or live credit, regardless of whether the licensee attended meetings in person or electronically; and

(iv) at the licensee's discretion, the whole or part of the credit hours may be counted toward law or ethics continuing education requirements.

(c) The licensee shall maintain information with respect to the licensee's volunteer services to demonstrate the services meet the requirements of this subsection.

(3) Under Section 58-13-3, a health care professional licensee may fulfill up to 15% of the licensee's continuing education requirements by providing volunteer services at a qualified location within the scope of the licensee's license, earning one hour of continuing education credit for every four documented h ours of volunteer health care treatment.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308e Automatic Expiration of Licensure Upon Dissolution of Licensee

Under Subsection 58-1-308(2), if a dissolved entity's existence has been reinstated before the expiration date shown upon the entity's expired license, and the entity meets the qualifications for licensure:

(1) if the entity submits its application for reinstatement before the expiration date shown on the license, the license shall be retroactively reinstated to the date of expiration of licensure; and

(2) if the entity submits its application for reinstatement after the expiration date shown on the license, the license shall be reinstated on the effective date of the approval of the application for reinstatement.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308f Denial of Renewal of Licensure - Classification of Proceedings - Conditional Renewal of Licensure During Adjudicative Proceedings - Conditional Initial, Renewal, or Reinstatement Licensure During Audit or Investigation

(1) If an initial, renewal, or reinstatement applicant under Section 58-1-301 or 58-1-308 is selected for audit, under investigation, or pending inspection, the Division may conditionally issue the initial license or conditionally renew or reinstate the license pending the completion of the audit, investigation, or inspection.

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

(3) A conditional issuance, renewal, or reinstatement is not an adverse licensure action.

(4) Upon completion of the audit, investigation, or inspection, the Division shall notify the applicant if the applicant's license is unconditionally issued, renewed, reinstated, denied, or partially denied or reinstated.

(5) A notice of unconditional denial or partial denial of licensure shall include:

(a) the basis for action;

(b) the Division's file or other reference number of the audit or investigation; and

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308g Reinstatement of Licensure that was Active and in Good Standing at the Time of Expiration of Licensure - Requirements

The following requirements apply to reinstatement of licensure that was active and in good standing at the time of expiration of licensure:

(1) under Subsection 58-1-308(5), if the filing date of an application for reinstatement is between the date of the expiration of the license and 30 days after the date of the expiration of the license, the applicant shall:

(a) submit a completed renewal form furnished by the Division demonstrating compliance with requirements and conditions of license renewal; and

(b) pay the license renewal fee and a late fee.

(2) under Subsection 58-1-308(5), if the filing date of an application for reinstatement is between 31 days after the expiration of the license and two years after the date of the expiration of the license, the applicant shall:

(a) submit a completed renewal form provided by the Division demonstrating compliance with requirements and conditions of license renewal; and

(b) pay the license renewal fee and reinstatement fee.

(3) under Subsection 58-1-308(6), if the filing date of an application for reinstatement is more than two years after the date the license expired:

(a) if the applicant has not been active in the licensed profession as described in Subsection 58-1-308(6)(b), the applicant shall:

(i) submit an application for licensure complete with supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets current qualifications for licensure; and

(ii) pay the license fee for a new applicant for licensure; or

(b) if the applicant has been active in the licensed profession as described in Subsection 58-1-308(6)(b), the applicant shall:

(i) provide documentation that the applicant has continuously, since the expiration of the applicant's license in Utah, been active in the licensed profession while in the full-time employ of the United States government or under license to practice that profession in any other state or territory of the United States;

(ii) provide documentation that the applicant has completed or is in compliance with any renewal qualifications;

(iii) provide documentation that the applicant's application was submitted within six months after reestablishing domicile within Utah or terminating full-time government service; and

(iv) pay the license renewal fee and the reinstatement fee.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308h Reinstatement of Restricted, Suspended, or Probationary Licensure During Term of Restriction, Suspension, or Probation - Requirements

(1) Reinstatement of restricted, suspended, or probationary licensure during the term of limitation, suspension, or probation shall be in accordance with the disciplinary order that imposed the discipline.

(2) Unless otherwise specified in a disciplinary order imposing restriction, suspension, or probation of licensure, the disciplined licensee may, at reasonable intervals during the term of the disciplinary order, petition for reinstatement of licensure.

(3) A petition for reinstatement of licensure during the term of a disciplinary order imposing restriction, suspension, or probation, shall be treated as a request to modify the terms of the disciplinary order, not as an application for licensure.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308i Reinstatement of Restricted, Suspended, or Probationary Licensure After the Specified Term of Suspension of the License or After the Expiration of Licensure in a Restricted, Suspended or Probationary Status - Requirements

Unless otherwise provided by a disciplinary order, an applicant who applies for reinstatement of a license after the specified term of suspension of the license or after the expiration of the license in a restricted, suspended, or probationary status shall:

(1) submit an application for licensure complete with supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets current qualifications for licensure and compliance with requirements and conditions of license reinstatement;

(2) pay the license renewal fee and the reinstatement fee;

(3) provide information requested by the Division and board to clearly demonstrate the applicant is currently competent to be reinstated to engage in the profession; and

(4) pay any fines or citations owed to the Division.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308j Relicensure Following Revocation of Licensure - Requirements

An applicant for relicensure following revocation of licensure shall:

(2) pay the license fee for a new applicant for licensure; and

(3) provide information requested by the Division and board to clearly demonstrate the applicant is currently competent to be relicensed to engage in the profession.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308k Relicensure Following Surrender of Licensure - Requirements

(1) An applicant who surrendered a license that was active and in good standing when it was surrendered shall meet the requirements for licensure in Sections R156-1-308a through R156-1-308l.

(2) An applicant who surrendered a license while the license was active but not in good standing as evidenced by the written agreement supporting the surrender of license shall:

(a) submit an application for licensure complete with supporting documents as is required of an individual making an initial application for license demonstrating the applicant meets the current qualifications for licensure and compliance with requirements and conditions of license reinstatement;

(b) pay the license fee for a new applicant for licensure;

(c) provide information requested by the Division and board to clearly demonstrate the applicant is currently competent to be relicensed to engage in the profession; and

(d) pay any fines or citations owed to the Division.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-308l Reinstatement of Licensure and Relicensure - Term of Licensure

Except as otherwise governed by the terms of an order issued by the Division, a license issued to an applicant for reinstatement or relicensure during the last 12 months of a renewal cycle shall, upon payment of the appropriate fees, be issued for the rest of the current renewal cycle plus the next full renewal cycle.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-309 Division Exams

(1) This section establishes standards for the administration of Division exams in accordance with Sections 58-1-106, 58-1-203, and 58-1-309.

(2) Upon evidence that a person has engaged in cheating:

(a) the exam administrator shall notify the Division of the circumstances in detail and the identity of each person involved; and

(b) the Division shall make an appropriate inquiry and may open an investigation to determine the facts concerning the alleged cheating.

(3) If evidence of cheating by a candidate is detected before an exam, the Division may:

(a) deny the candidate the privilege of taking the exam; or

(b)(i) before the candidate takes the exam, notify the candidate of the evidence of cheating and that the Division may determine the candidate to have failed the exam if it finds the candidate has cheated.

(4) If evidence of cheating by a candidate is detected during an exam, the exam administrator may:

(a) end the exam, request the candidate to leave the exam facility, and notify the candidate of the evidence of cheating and that the Division may determine the candidate to have failed the exam if it finds that the candidate has cheated; or

(b)(i) determine that the alleged cheating has not yet compromised the integrity of the exam, take any necessary steps to prevent cheating, and permit the candidate to continue taking the exam; and

(ii) after the exam, notify the candidate of the evidence of cheating, and that the Division may determine the candidate to have failed the exam if the Division finds that the candidate has cheated.

(5) If the Division determines that an individual has engaged in cheating or has otherwise engaged in unprofessional conduct regarding an exam, the Division may take appropriate action including one or more of the following:

(a) if the individual is an exam candidate, deny the individual the privilege of taking or retaking the exam for a period;

(b) refuse to issue the individual a license or otherwise act upon a license issued to the individual pursuant to Section 58-1-401; or

(6) An exam administrator may end a candidate's exam session, or the Division may invalidate a candidate's exam results if the candidate:

(a) is engaging or appears to be engaging in cheating;

(b) reports late to the candidate's appointed exam session;

(d) creates a disturbance of any kind, including for example:

(i) engaging in behavior that the exam administrator determines is disruptive to another candidate taking the exam;

(ii) using language that might generally be considered inappropriate or offensive; or

(iii) engaging in oral or physical altercations with the exam administrator or another individual;

(e) fails to comply with the directions of the exam administrator; or

(f) reports to the exam under the influence of alcohol, drugs, or other intoxicant, to the extent that the exam administrator determines that it does, or might reasonably be considered to, impair the ability of the candidate to safely engage in the exam.

(7) Each exam subject-matter expert and each exam administrator:

(a) shall be a Utah resident;

(b) shall be 18 years of age or older;

(c) if the exam requires specific knowledge of the profession to grade or administer the exam, shall hold an active license in good standing in that profession or have satisfactory experience or an active license in good standing in a related industry as approved by the Division;

(d) shall adhere to professional ethics and codes of conduct for the profession, including this section and Subsection R156-1-501(9);

(e) shall agree in writing to not participate in any exam coaching or preparation activities for the exam for five years following their review or administration of the exam; and

(f) may not be affiliated with a person that may profit from or materially benefit from knowledge of exam content, such as an educational institution or training program.

(8)(a) The Division may invalidate exam results if it determines that there is a basis to question the validity of the exam results for any reason, notwithstanding the absence of any evidence of a candidate's personal involvement in cheating or other unprofessional conduct.

(b) Evidence of invalid results may include, for example, unusual answer patterns or score increases, or equipment failure.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-310 Application for Division Determination Regarding Criminal Conviction

(1) This section establishes the application procedures for a Division determination under Section 58-1-310.

(2) An individual applying for a determination shall:

(a) submit the Application for Criminal History Determination form available on the Division's website, containing a signed attestation and release;

(b) submit a separate application with processing fee for each license that the individual is interested in seeking; and

(c) under Subsection 58-1-310(2)(e), provide any additional documentation that may be required by the Division to verify or evaluate the individual's representations made in the application.

(3) Under Subsection 58-1-310(2), the individual's complete criminal conviction history shall include:

(a) criminal convictions, pleas of nolo contendere, and pleas of guilty or nolo contendere that are held in abeyance pending the successful completion of probation; and

(b) current restrictions from possession, purchase, transfer, or ownership of a firearm or ammunition.

(4) The Division shall make a determination based solely on the information in the individual's application and supporting documents.

(5) Agency review is not available for a Division order or determination under Section 58-1-310.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-401 Consideration of Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition

(1) Under Section 58-1-401, this section applies in circumstances where an applicant or licensee:

(a) is not automatically disqualified from licensure pursuant to statute or rule; and

(b)(i) has past unlawful or unprofessional conduct; or

(ii) as described in Subsection 58-1-401(2)(d), may be unable to practice the profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material, substance use disorder, or a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety, or welfare.

(2) In a circumstance described in Subsection (1), the following factors are relevant to a licensing decision:

(a) aggravating circumstances, as defined in Subsection R156-1-102(2);

(b) mitigating circumstances, as defined in Subsection R156-1-102(17);

(d) the degree of risk that a conduct will be repeated;

(e) the degree of risk that a condition will continue;

(f) the magnitude of the conduct or condition as it relates to the harm or potential harm;

(g) the length of time since the last conduct or condition has occurred;

(h) the current criminal probationary or parole status of the applicant or licensee;

(i) the current administrative status of the applicant or licensee, for any regulated profession;

(j) results of previously submitted applications, for any regulated profession;

(k) results from any action, taken by any professional licensing agency, criminal, or administrative agency, employer, practice monitoring group, entity, or association, for any regulated profession;

(l) evidence presented indicating that restricting or monitoring the individual's practice, conditions, or conduct can protect the public health, safety, or welfare;

(m) psychological evaluations; or

(n) any other information the Division and the applicable board reasonably believe may assist in evaluating the degree of threat or potential threat to the public health, safety, or welfare.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code 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 any regulated profession while an investigation or inquiry into allegations of unprofessional conduct or unlawful conduct is in progress, or after a charging document has been filed against the applicant or licensee alleging unprofessional conduct or unlawful conduct;

(2) practicing a regulated profession in, through, or with a business structure or name that:

(a) has not been properly registered with the Division of Corporations and Commercial Code; or

(b) has not been properly licensed with the Division;

(3) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any profession, if the conduct:

(a) when considered with the functions and duties of the profession for which the license was issued or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely to competently practice the profession; or

(b) would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401;

(4) prohibiting or inhibiting the ability of a licensee's customer, patient, or other consumer of the licensee's goods or services from making a complaint to a licensing or regulatory authority, including through the use of a contract provision;

(5) engaging in cheating or otherwise violating Section R156-1-309 regarding Division exams;

(6) failing, as a prescribing practitioner, to follow the Guidelines for the Chronic Use of Opioid Analgesics, adopted as policy April 2017 by the Federation of State Medical Boards, which is incorporated by reference;

(7) failing to comply with an investigative subpoena or an order regarding an investigative subpoena;

(8) failing, as a health care provider, to follow the health care claims practices of Section 31A-26-313, in violation of Subsection 58-1-508(2); or

(9) as an exam candidate or as an exam proctor, grader, or administrator, failing to comply with the Division of Professional Licensing Exam Policies and Procedures, dated December 29, 2023, which is incorporated by reference.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-502 Administrative Penalties

(1) Under Subsection 58-1-401(5) and Section 58-1-502, except as otherwise provided by a specific chapter under Title 58, Occupations and Professions or Title R156, the Division shall issue a notice of agency action instead of a citation for a third or subsequent offense, except in extraordinary circumstances approved by the bureau manager or chief investigator.

(2) Multiple offenses may be cited on the same citation, if the citation clearly indicates each offense and the fine allocated to each offense.

(3) The bureau manager, investigative team leader, or chief investigator may authorize a deviation from the fine in a citation based upon the aggravating or mitigating circumstances.

(4) The presiding officer for a contested citation shall have the discretion, after a review of the evidence and any aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-503 Reporting Disciplinary Action

The Division may report disciplinary action to other state or federal governmental entities, state and federal data banks, the media, or other person who is entitled to the information under the Government Records Access and Management Act.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-506 Supervision of Cosmetic Medical Procedures

The 80 hours of documented education and experience required under Subsection 58-1-506(2)(f)(iii) to maintain competence to perform nonablative cosmetic medical procedures includes the following:

(1) the appropriate standards of care for performing nonablative cosmetic medical procedures;

(2) physiology of the skin;

(3) skin typing and analysis;

(4) skin conditions, disorders, and diseases;

(5) pre and post procedure care;

(6) infection control;

(7) laser and light physics training;

(8) laser technologies and applications;

(9) safety and maintenance of lasers;

(10) cosmetic medical procedures an individual is permitted to perform under this title;

(11) recognition and appropriate management of complications from a procedure; and

(12) current cardio-pulmonary resuscitation (CPR) certification for health care providers from one of the following organizations:

(a) American Heart Association;

(b) American Red Cross or its affiliates; or

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-601 Suicide Prevention Video - Primary Care Providers

(1)(a) Under Subsection 58-1-601(3), the Division shall produce the suicide prevention videos described in Subsection 58-1-601(2) by meeting at least annually with the Division of Integrated Healthcare to review information on existing videos and plan new videos, including:

(i) establishing goals, specifications, and standards for the videos;

(ii) identifying approved vendors from Utah's Best Value Cooperative Contracts list or otherwise planning requests for proposals;

(iii) awarding contracts for creation of the videos; and

(iv) producing the videos and providing them in effective formats.

(b) The Division shall collaborate with the Department of Government Operations to allow primary care providers access to view the suicide prevention videos described in Subsection 58-1-601(2) on the Division's website, at no cost to the providers.

(c) A primary care provider may fulfill up to ten of their CPE hours by viewing the Division-created suicide prevention videos, as follows:

(i) for a video 25 minutes or less in length, a provider may recognize one-half CPE credit hour; and

(ii) for a video 26 minutes or longer, a provider may recognize CPE credit in 50-minute hour blocks of time.

(d) The Division's production of the suicide prevention videos may include posting Division-approved substitutes for the videos on its website, such as Counseling on Access to Lethal Means (CALM) training, or more robust in-person training CME hours from a Suicide Prevention Summit provided by the Department of Health and Human Services.

(2)(a) Under Subsection 58-1-601(2)(b), the Division-approved educational materials or courses related to suicide prevention shall include those identified on the Division's website.

(b) The number and type of CPE credit hours allowed for completion of each educational material or course shall be stated on the Division's website or in the educational materials or course.

(3)(a) The Division or other provider of suicide prevention educational materials, courses, or videos may track or confirm a primary care provider's completion of the educational materials, course, or video.

(b) A primary care provider shall maintain documentation sufficient to prove compliance with Section 58-1-601 and this section, for two years after the end of the licensure cycle for which the CPE is due, including:

(i) title of the educational materials, course, or video;

(ii) date completed;

(iii) number of CE hours claimed; and

(iv) type of CE.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

Utah Admin. Code R156-1-602 Telehealth

(1) Terms used in this rule are defined in Section 26B-4-704. In addition:

(a) "Patient Encounter" means any encounter where medical treatment and evaluation and management services are provided. The entire course of an inpatient stay in a healthcare facility or treatment in an emergency department is a single patient encounter.

(b) "Provider" means the same as defined in Subsection 26-60-102(6)(b), an individual licensed under Title 58, Occupations and Professions to provide health care services, and:

(i) shall include an individual exempt from licensure as defined in Section 58-1-307 who provides health care services within the individual's scope of practice under Title 58, Occupations and Professions; and

(ii) may include multiple providers obtaining informed consent and providing care as a team, consistent with the standards of practice applicable to a broader practice model found in traditional health care settings.

(2) Under Subsection 26B-4-704(2)(b), a provider offering telehealth services shall, before each patient encounter:

(i) verify the patient's identity and originating site;

(ii) allow the patient an opportunity to select their provider rather than being assigned a provider at random, to the extent possible; and

(iii) ensure that the online site does not restrict the patient's choice to select a specific pharmacy for pharmacy services; and

(b) before each initial patient encounter, obtain informed consent to the use of telehealth services by clear disclosure of:

(i) additional fees for telehealth services, if any, and how payment is to be made for those additional fees if they are charged separately;

(ii) to whom patient health information may be disclosed and for what purpose, including clear reference to any patient consent governing release of patient-identifiable information to a third-party;

(iii) the rights of the patient with respect to patient health information;

(iv) appropriate uses and limitations of the site, including emergency health situations;

(v) information affirming that the telehealth services meet industry security and privacy standards in Subsection 26B- 4-704(1)(i)(ii), and warning of potential risks to privacy regardless of the security measures;

(vi) a warning that information may be lost due to technical failures, and clearly referencing any patient consent to hold the provider harmless for such loss; and

(vii) information disclosing the website owner-operator, location, and contact information.

(3) Under Subsection 26B-4-704(2)(d), a provider offering telehealth services shall be available to the patient for subsequent care related to the initial telemedicine services as follows:

(a) providing the patient with a clear mechanism to:

(i) access, supplement, and amend patient-provided personal health information;

(ii) contact the provider for subsequent care;

(iii) obtain upon request the patient's medical record or other report containing an explanation of the treatment provided to the patient and the provider's evaluation, analysis, or diagnosis of the patient's condition, including the informed consent provided; and

(iv) request a transfer to another provider of the patient's medical record documenting the telemedicine services; and

(b) if the provider recommends that the patient be seen in person, such as if diagnosis requires a physical examination, lab work, or imaging studies:

(i) arranging to see the patient in person, or referring the patient to the patient's designated health care provider, or if none, to an appropriate health care provider; and

(ii) documenting the referral in the patient's medical record; and

(c) if the patient does not have a designated health care provider, consult with the patient and send a medical record or other report to the referred health care provider in the manner provided under Subsection 26B-4-704(2)(g), except the medical record or report shall be provided within a reasonable time frame allowing for timely care of the patient by that provider.

(4) Nothing in this section shall prohibit electronic communications consistent with standards of practice applicable in traditional health care settings, including the following:

(a) between a provider and a patient with a preexisting provider-patient relationship;

(b) between a provider and another provider concerning a patient with whom the other provider has a provider-patient relationship;

(d) in broader practice models when multiple providers provide care as a team, including, for example:

(i) within an existing organization; or

(ii) within an emergency department; or

(e) in an emergency, which as used in this section means a situation when there is an occurrence posing an imminent threat of a life-threatening condition or severe bodily harm.

History

KEY: licensing, supervision, evidentiary restrictions
Date of Last Change: December 24, 2024
Notice of Continuation: November 2, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)

R156-3a Architect Licensing Act Rule

Utah Admin. Code R156-3a-101 Title

This rule is known as the "Architect Licensing Act Rule".

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 3a, as used in Title 58, Chapters 1, 3a, and 22 or this rule:

(1) "ARE" means the NCARB Architectural Registration Examination.

(2) "Committee" means the Architect Licensing Advisor created in Section R156-3a-201.

(3) "Complete and final" as used in Subsection 58-3a-603(1) means "complete construction plans" as defined in Subsection 58-3a-102(4).

(4) "EESA" means the Education Evaluation Services for Architects.

(5) "Employee, subordinate, associate, or drafter of an architect" as used in Subsections 58-3a-102(8), 58-3a-603(1)(b) and this rule means one or more individuals not licensed as an architect who are working for, with, or providing architectural services directly to the licensed architect under the supervision of the licensed architect.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering" as used in Subsection 58- 22-102(9) and "engineering work as is incidental to the practice of architecture" as used in Subsection 58-3a-102(6) which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsection 58-3a- 603(1) or Subsection 58-22-603(1);

(d) unless exempt from licensure as provided in Subsection 58-3a-304(1)(e), is work that affects not greater than 49 occupants as determined in Title 15A, State Construction and Fire Codes Act;

(e) unless exempt from licensure as provided in Subsection 58-3a-304(1)(e), is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy risk category of III or IV as defined in Title 15A, State Construction and Fire Codes Act.

(7) "Architect Experience Program" or "AXP" as used in Subsection R156-3a-302(1) means an NCARB approved training program.

(8) "NAAB" means the National Architectural Accrediting Board.

(9) "NCARB" means the National Council of Architectural Registration Boards.

(10) "Program of diversified practical experience" as used in Subsection 58-3a-302(1)(e) means:

(a) current licensure in a recognized jurisdiction; or

(b) the training standards and requirements set forth in the Architect Experience Program.

(11) "Recognized jurisdiction" as used in Subsections 58-3a-302(2)(d)(i) and (iii), for licensure by endorsement, means any jurisdiction that is a member of NCARB.

(12) "Responsible charge" by a principal, as used in Subsection 58-3a-102(7), means direct control and management by a principal over the practice of architecture by an organization.

(13) "Technical submissions", as used in Section R156-3a-601, means documents which are:

(a) required by public authorities for building permits or regulatory approvals; or

(b) intended for construction purposes, including all addenda and other changes to submissions.

(14) "Under the direction of the architect" as used in Subsection 58-3a-102(8), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of an architect" means that the unlicensed employee, subordinate, associate, or drafter of the architect engages in the practice of architecture only on work initiated by the architect, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of the architect.

(15) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 3a, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-3a-502.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 3a.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-201 Advisory Peer Committee Created - Membership - Duties

(1) There is created in accordance with Subsection 58-1-203(1)(f), the Architect Licensing Advisor as an advisory peer committee to the Architect Licensing Board consisting of one or more members as follows:

(a) a State Architect Licensing Advisor; or

(b) an Education Coordinator.

(2) The committee shall be appointed and serve in accordance with Section R156-1-205.

(3) The duties and responsibilities of the committee shall include assisting the Board in its duties, functions, and responsibilities defined in Subsection 58-1-202(1)(e) as follows:

(a) promote an awareness of the AXP by holding meetings and seminars on the AXP;

(b) establish a network of sponsors and advisors for AXP interns;

(d) act as a resource to respond to questions on the AXP received from advisors, sponsors, and interns; and

(e) report to the Board as directed.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-301 Qualifications for Licensure - Architecture Program Criteria

In accordance with Subsection 58-3a-302(1)(d), the architecture program criteria are established as follows.

(1) The architecture program shall be accredited by either the National Architectural Accrediting Board (NAAB), or the Canadian Architectural Certification Board (CACB), or an architectural program equivalent to a NAAB accredited program.

(2) Equivalency shall be documented by submitting one of the following:

(a) If educated in a foreign country, an applicant shall submit a comprehensive report prepared by EESA stating that the applicant has successfully completed an educational program that is equivalent to the NAAB accredited educational program.

(i) Deficiencies in general education or history, human behavior and environment may be satisfied by successfully completing the deficiencies in course work at a recognized college or university or by passing the College Level Examination Program (CLEP) demonstrating proficiency in the deficient areas.

(ii) Deficiencies in design, technical systems, or practice course work may be completed at an NAAB accredited educational program.

(b) Alternatively, an applicant may submit verification of a current NCARB Certification.

(c)(i) If an applicant was previously licensed and practicing in Utah under a license that was granted under prior statute or rule but allowed the license to lapse for more than two years, the applicant may reinstate the license by demonstrating that their combined education, supervised experience and licensed practice demonstrate that the applicant's training is equivalent to an NAAB accredited educational program.

(ii) If the combined education and experience is not demonstrated to be equivalent, the Division, in collaboration with the Board, may:

(A) determine whether continuing education can bring the combined education and experience up to equivalency, and if so, specify the type of continuing education required; or

(B) determine that the applicant shall be required to obtain the actual degree under Subsection (1).

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-302 Qualifications for Licensure - Program of Diversified Practical Experience

In accordance with Subsection 58-3a-302(1)(e), an applicant shall establish completion of a program of diversified practical experience requirement by submitting documentation of:

(1) AXP;

(2) current licensure in a recognized jurisdiction; or

(3) current NCARB Certification.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-303 Qualifications for Licensure - Examination Requirements

(1) In accordance with Subsections 58-3a-302(1)(f) and 58-3a-302(2)(e), an applicant for licensure as an architect (whether by education and experience or by endorsement) shall submit documentation establishing:

(a) current NCARB Certification; or

(b) passing scores on all divisions of the ARE as established by NCARB.

(2) An applicant for licensure may apply directly to NCARB to sit for any part of the ARE examination anytime after having completed the education requirements specified in Section R156-3a-301.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-304 Continuing Education for Architects

In accordance with Section 58-3a-303.5, the continuing education standards for architects are established as follows:

(1)(a) During each two year period ending on December 31 of each odd numbered year, a licensed architect shall complete not less than 24 hours of continuing education directly related to the licensee's professional practice.

(b) At least 12 hours should be completed each year.

(2) The required number of hours of continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Continuing education under this section shall:

(a) have an identifiable, clear statement of purpose and defined objective for the educational program directly related to the practice of an architect and directly related to topics involving the public health, safety, and welfare of architectural practice and the ethical standards of architectural practice;

(i) health, safety, welfare and ethical standards as used in this subsection are defined to include the following:

(A) The definition of "health" shall include, but not be limited to, aspects of architecture that have salutary effects among users of buildings or sites and that address environmental issues. Examples include all aspects of air quality, provisions of personal hygiene, and use of non-toxic materials and finishes.

(B) The definition of "safety" shall include, but not be limited to, aspects of architecture intended to limit or prevent accidental injury or death among users of buildings or construction sites. Examples include fire-rated egress enclosures, automatic sprinkler systems, stairs with correct rise-to-run proportions, and accommodations for users wit h disabilities.

(C) The definition of "welfare" shall include, but not be limited to, aspects of architecture that consist of values that may be spiritual, physical, aesthetic and monetary in nature. Examples include spaces that afford natural light or views of nature or whose proportions, color or materials engender positive emotional responses from its users.

(D)(a) The definition of "ethical standards of architectural practice" shall include, but not be limited to the NCARB rules of conduct specified in Subsection R156-3a-502(4).

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the continuing education program and records of that registration and completion are available for review.

(4) Credit for qualified continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of eight hours per two year period may be recognized for teaching in a college or university or for teaching continuing education courses in the field of architecture, provided it is the first time the material has been taught during the preceding 12 months;

(c) a maximum of three hours per two year period may be recognized for preparation of papers, articles, or books directly related to the practice of architecture and submitted for publication; and

(d) unlimited hours may be recognized for continuing education that is provided via the Internet or through home study courses provided the course verifies registration and participation in the course by means of a test which demonstrates that the participant has learned the material presented.

(5) A licensee shall be responsible for maintaining records of completed continuing education for a period of six years after the two year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to continuing education to demonstrate it meets the requirements under this section.

(6) A licensee who is unable to complete the continuing education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing education is not available, may be excused from the requirement for a period of up to three years as provided in Section R156-1-308d.

(7) Any licensee who fails to timely complete the continuing education hours required by this rule shall be required to complete double the number of hours missed to be eligible for renewal or reinstatement of licensure.

(8) Any applicant for reinstatement shall be required to complete 24 hours of continuing education complying with this rule within two years prior to the date of application for reinstatement of licensure.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-305 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 3a is established by rule in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-306 Inactive Status

(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the licensee shall not engage in the practice of architecture while the license is on inactive status except to identify the individual as an inactive licensee.

(2) A license, prior to being placed on inactive status, shall be active and in good standing.

(3) Inactive status licensees are not required to fulfill the continuing education requirement.

(4) In addition to the requirements in Subsection R156-1-305(6) to reactivate an inactive license, a licensee shall provide documentation that the licensee, within two years prior to the license being reactivated, completed 24 hours of continuing education.

(5) Prior to a license being reactivated, a licensee shall meet the requirements for license renewal.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) submitting an incomplete final plan, specification, report, or set of construction plans to:

(a) a client, when the licensee represents, or could reasonably expect the client to consider, the plan, specification, report, or set of construction plans to be complete and final; or

(b) a building official for the purpose of obtaining a building permit;

(2) failing as a principal to exercise responsible charge;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter;

(4) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the 2014-2015 edition of the NCARB "Rules of Conduct", which is hereby incorporated by reference; or

(5) failing as a supervising architect to verify actual work experience when requested by a subordinate, associate or drafter of an architect who is or has been an employee.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-503 Administrative Penalties

(1) In accordance with Section 58-3a-502, the following fine schedule shall apply to citations issued to individuals licensed under Title 58, Chapters 1 and 3a:

TABLE

FINE SCHEDULE

Violation First Offense Second Offense

58-1-501(1)(a) $ 800.00 $1,600.00

58-1-501(1)(b) $1,000.00 $2,000.00

58-1-501(1)(c) $1,000.00 $2,000.00

58-1-501(1)(d) $1,000.00 $2,000.00

58-3a-501(1) $ 800.00 $1,600.00

58-3a-501(2) $ 800.00 $1,600.00

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-3a-502(1)(i).

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-3a-601 Architectural Seal - Requirements

In accordance with Section 58-3a-601, all technical submissions prepared by the licensee or prepared under the supervision of the licensee, shall be signed and dated with the licensee's seal. Electronically generated seals and signatures are acceptable. It is the responsibility of the licensee to provide adequate security when documents with electronic seals and electronic signatures are distributed. Sheets subsequent to the cover of specifications are not required to be sealed, signed and dated.

(1) Each seal shall be a circular seal, 1-1/2 inches minimum diameter and shall include the licensee's name, license number, "State of Utah", and "Licensed Architect".

History

KEY: architects, licensing
Date of Last Change: November 7, 2016
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-3a-303.5; 58-1-106(1)(a); 58-1-202(1)(a)

R156-5a Podiatric Physician Licensing Act Rule

Utah Admin. Code R156-5a-101 Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Podiatric Physician Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 5a, Podiatric Physician Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 5a, Podiatric Physician Licensing Act. In addition:

(1) "CPME" means the Council on Podiatric Medical Education.

(2) "Recognized school" as used in Subsection 58-5a-306(2) means a school that is accredited by the Council on Podiatric Medical Education.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-302a Qualifications for Licensure - Education Requirements

Under Subsections 58-5a-302(4)(b)(ii) and (iii), an applicant shall complete and sign the affidavit of current Utah post- graduate resident training contained in the Division's podiatric physician license application, to satisfy the Division and board that the applicant:

(1) has been accepted in and is successfully participating in a CPME-approved progressive resident training program within Utah; and

(2) has agreed to the required automatic revocation and surrender of the applicant's license if the applicant fails to continue in good standing in that program.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-302b Qualifications for Licensure - Examination Requirements

Under Subsections 58-1-203(1) and 58-5a-302(5), an applicant for licensure shall pass Part I, Part II written, Part II CSPE, and Part III of the American Podiatric Medical Licensing Examination (APMLE), developed by the National Board of Podiatric Medical Examiners (NBPME).

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-302c Qualifications for Licensure - Training Requirements

(1) Under Subsection 58-5a-103(4)(b)(iii), acceptable documentation that the podiatric physician has completed training and experience in standard or advanced midfoot, rearfoot, and ankle procedures may include certification from the American Board of Podiatric Medicine, the Council on Podiatric Medical Education Residency and Fellowships, or a similar qualification approved by the Division in collaboration with the Board.

(2) Under Subsection 58-5a-103(4)(c)(iii), acceptable documentation that the podiatric physician has completed training and experience in standard or advanced midfoot, rearfoot, and ankle procedures, is of a fellowship in foot and ankle surgery from a program approved, at the time of completion, by the Council on Podiatric Medical Education.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-303 License Term - Renewal and Reinstatement Procedures

(1) Under Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 5a, Podiatric Physician Licensing Act is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308c through R156-1-308l.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-304 Continuing Education

(1) Under Section 58-5a-304, this section establishes a continuing professional education requirement for individuals licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act.

(2) During each two-year period commencing on September 30 of each even-numbered year, a licensee shall complete at least 40 hours of qualified continuing professional education directly related to the licensee's professional clinical practice.

(3) If a licensee first becomes licensed during the two-year renewal cycle, the licensee's required number of continuing professional education hours shall be decreased proportionately according to the date of licensure.

(4) Qualified continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the program directly related to the practice of a podiatric physician;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience;

(e) have a competent method of registration of individuals who completed the program with records of registration and completion available for review; and

(f) be sponsored or approved by a combination of the following:

(i) one of the organizations listed in Subsection 58-5a-304(3);

(ii) the American Podiatric Medical Association; or

(iii) the Division.

(5) Credit for continuing professional education per two-year period may be recognized in accordance with the following:

(a) unlimited hours for professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of 40 hours for teaching in a college or university or teaching qualified professional education courses in the field of podiatry;

(d) a maximum of six hours may come from the Division; and

(e) under Section 58-13-3, a maximum of 15% of the required hours may come from providing volunteer services within the scope of license at a qualified location, with one hour of credit earned for every four hours of volunteer service.

(6) A licensee shall maintain adequate records of completed qualified continuing professional education for a period of two years after close of the two-year period to which the records pertain. The licensee shall demonstrate the professional education meets the requirements of this section.

(7) The Division may allow a licensee to defer or waive one or more continuing education requirements for a period of up to three years under Section R156-1-308d.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

Utah Admin. Code R156-5a-305 Radiology Course for Unlicensed Podiatric Assistants

Under Subsection 58-54-306(3), radiology courses for an unlicensed individual performing services under the supervision of a podiatric physician shall include radiology theory consisting of the following:

(1) orientation of radiation technology;

(2) terminology;

(3) radiographic podiatric anatomy and pathology (cursory);

(4) radiation physics (basic);

(5) radiation protection to patient and operator;

(6) radiation biology including interaction of ionizing radiation on cells, tissues and matter;

(7) factors influencing biological response to cells and tissues to ionizing radiation and cumulative effects of x- radiation;

(8) external radiographic techniques;

(9) processing techniques including proper disposal of chemicals; and

(10) infection control in podiatric radiology.

History

KEY: licensing, podiatrists, podiatric physician
Date of Last Change: July 22, 2026
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101

R156-9 Funeral Service Licensing Act Rule

Utah Admin. Code R156-9-101 Short Title - Authority -- Relationship to Rule R156-1

(1) This rule shall be known as the "Funeral Service Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 9, the Funeral Service Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 9, as defined or used in this rule:

(1) "Contract" means a guaranteed preneed funeral arrangement contract.

(2) "Funeral service establishment" is defined in Subsection 58-9-102(18).

(3) "Guaranteed product contract" means a contract wherein goods or services are selected which will be provided at the time of need for the consideration specified in the contract regardless of the market price at the time of need.

(4) "Recipient of goods and services" is synonymous with "beneficiary" as defined in Subsection 58-9-102(2), and is used herein to avoid confusion with various common meanings of the term "beneficiary".

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 9, is further defined in accordance with Subsection 58-1-203(1)(e) in Section R156-9-502.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-302a Qualifications for Licensure - Examination Requirements

In accordance with Subsections 58-1-203(1)(d) and 58-1-301(3), the qualifications for licensure in Subsections 58-9- 302(1)(g), 58-9-302(2)(e), 58-9-302(4)(e) and 58-9-306(6) and (7) are defined, clarified, or established as follows:

(1) An applicant for licensure as a funeral service director shall pass:

(a) the National Board Examinations (science and art sections) of the Conference of Funeral Service Examining Boards, which may be taken while the individual is enrolled in an approved funeral service school; and

(b) the Utah Funeral Service Director Law and Rule Examination, with a score of at least 75%.

(2) An applicant for licensure as a funeral service intern or funeral service director by endorsement shall pass the Utah Funeral Service Director Law and Rule Examination, with a score of at least 75%.

(3) An applicant for licensure as a preneed sales agent shall pass the Utah Preneed Funeral Arrangement Sales Agent Law and Rule Examination, with a score of at least 75%.

(4) An individual who fails the Utah Funeral Service Director Law and Rule Examination, or the Utah Preneed Funeral Arrangement Sales Agent Law and Rule Examination, may retake the failed examination:

(a) no more than three times within a three month period; and

(b) no earlier than three months following any failure thereafter.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 9 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-304 Continuing Professional Education - Funeral Service Directors

In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b) and Section 58-9-304, the continuing education requirements for funeral service directors are established as follows:

(1) Continuing professional education ("CPE") shall consist of 20 hours of qualified continuing professional education in each preceding two-year period of licensure or expiration of licensure.

(2) If a renewal period is shortened or extended to effect a change of renewal cycle or if an initial license is granted for a period of less than two years, the CPE hours required for that period shall be increased or decreased proportionately.

(3) The standards for qualified CPE are:

(a) College classes, seminars, or workshops sponsored by professional associations in areas related to funeral service will generally qualify for CPE if the education contributes to the professional competence and knowledge of the funeral service director and if the program complies with the standards set forth under Subsection (b).

(b) CPE programs shall meet the following standards:

(i) the course shall be formally organized and be primarily instructional;

(ii) the sponsor shall prepare an outline of the course which shall be retained for a minimum of four years following the presentation;

(iii) the sponsor shall list the hour rating of the course in the course outline. One hour of CPE shall be credited for each 50 minute period of instruction;

(iv) the sponsor shall record and keep an accurate record of course attendance including the date, place, and the name of the licensed funeral service directors attending the course; and

(v) the sponsor shall issue a certificate of completion listing the time, date, place, name of licensee, number of hours of CPE completed and the course title.

(c) Formal correspondence or other individual study programs which require registration shall provide evidence of satisfactory completion including test results and meet all other requirements of this section.

(d) Each semester hour of college credit shall equal 15 hours of CPE. A quarter hour shall equal ten hours of CPE.

(e) Licensees who teach qualified CPE courses shall receive two CPE hours for each hour teaching. However, no teaching credit shall be granted for participation in a panel discussion.

(f) A licensee may earn up to eight hours for volunteer service as a subject-matter expert in the review and development of funeral service licensing exams, and for volunteer service on committees or in leadership roles in any state, national, or international organization for the development and improvement of the funeral service professions.

(4) Upon written request from the licensee, the Board may waive the requirement for CPE as provided in Section R156-1-308d.

(5) The licensee is responsible to ensure that the program will qualify for CPE. Each licensee shall keep an accurate record of CPE on forms supplied by the Division. The records shall be maintained for a minimum of four years after the end of the renewal cycle for which the CPE is due.

(6) The Division in collaboration with the Board shall perform random audits to determine if the licensee is in compliance with the CPE requirements. If audited, or upon request by the Division, the licensee is responsible to submit documentation of compliance with CPE requirements.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-401 Facility/Staff Requirements

(1) The funeral service establishment is responsible for the maintenance and safe operation of equipment used in funeral services and to insure that the facility is in compliance with the local or state health, fire and life safety codes. All funeral service establishments shall be kept and maintained in a clean and sanitary condition, and all refrigeration units, embalming tables, sinks, receptacles, instruments, and other appliances used in embalming, cremation, or alkaline hydrolysis of dead human bodies shall be thoroughly cleansed and disinfected.

(2) The funeral service director is responsible to comply with the standards established by the Occupational Safety and Health Administration for the Federal Government and for the State of Utah.

(3) A funeral establishment or a number of funeral establishments under one management shall contain:

(a) a preparation room equipped with tile, cement, or composition floor, necessary drainage and ventilation. Every preparation room shall be provided with proper and convenient receptacles for refuse, bandages, cotton and other waste materials and supplies. All refuse, bandages, cotton, and other waste materials shall be destroyed in a sanitary manner, in accordance with health regulations.

(b) necessary instruments, supplies and proper protective clothing for the preparation and embalming of dead human bodies for burial, transportation, or other disposition.

(4) The care and preparation of the body for burial or other disposition of all human dead bodies shall be strictly private. No one shall be allowed in the embalming room while a dead body is being embalmed, except the licensed embalmer, intern, staff, public officials in the discharge of their duties and upon request, members of the immediate family of the deceased.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-402 Duties and Responsibilities of a Funeral Service Director in Supervision of Funeral Service Interns, Preneed Funeral Arrangement Sales Agents and Unlicensed Staff

The duties and responsibilities of a supervising funeral service director include:

(1) being professionally responsible for the acts and practices of the supervisee;

(2) being engaged in a relationship with the supervisee in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised;

(3) being available for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total circumstances including the supervisee's level of training;

(4) monitoring the performance of the supervisee for compliance with laws, standards, and ethics applicable to the funeral service profession, including the Data, Systems and Evaluation, Vital Records and Statistics rules of the Utah Department of Health and Human Services (Title R436);

(5)(a) submitting appropriate documentation to the Division with respect to any work completed by the funeral service intern evidencing the performance of the supervisee during the period of supervised training, including the supervisor's evaluation of the supervisee's competence in the practice of the funeral service profession; and

(b) submitting this report to the Division:

(i) within 30 days after the supervisor-supervisee relationship is terminated; or

(ii) within 30 days after the supervisee has:

(A) completed 2,000 hours of supervised experience;

(B) performed 50 embalmings; and

(6) supervising not more than one funeral service intern at any given time unless approved by the Board and Division;

(7) being physically present and directly supervising, or ensuring that another funeral director directly supervises the duties and functions completed by a funeral service intern throughout the entire internship period;

(8) being responsible for and signing any preneed and at need funeral contracts sold by persons under supervision;

(9) assuring each supervisee is appropriately licensed as a funeral service intern or preneed funeral arrangement sales agent before beginning the supervision;

(10)(a) notifying the Division if beginning or ending an association or employment of a preneed sales agent with the funeral service establishment;

(b) within ten days of beginning or ending the association or employment; and

(11) assuring that the supervision requirements in Section 58-9-307 are met.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-403 Death Registration - Removal of Body - Transportation and Preservation of Dead Human Bodies

(1) A funeral service director licensed in another state may enter the state of Utah for the purpose of transporting a dead human body to another state without being in violation of Title 58, Chapter 9. However, the person shall comply with the Utah Vital Statistics Rules of the Utah Department of Health and any other statute or rule regulated by the Utah Department of Health.

(2) All licensed funeral service directors, who release a dead human body to such persons, are responsible to insure that the out of state persons and their staff comply with the Utah Vital Statistics Rules of the Utah Department of Health.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-502 Unprofessional Conduct

"Unprofessional conduct" as defined in Title 58, Chapters 1 and 9, is further defined in accordance with Subsection 58- 1-203(1)(e) to include:

(1) violating the ethical standards of the profession;

(2) failing to comply with laws and rules established by any local, state, federal or other authority regarding funeral services, preneed contracts, health, safety, sanitation, regarding funeral establishments or transportation or handling of dead human bodies, or disclosure requirements to purchasers or prospective purchasers of funeral services or preneed contract;

(3) failing to comply with any provision of the Title 58, Chapter 9, Funeral Service Licensing Act or this Funeral Service Licensing Act Rule;

(4) failing to comply with the disclosure requirements of the Federal Trade Commission;

(5) failing to accurately report and record information required by law to be reported on a death certificate;.

(6) solicitation or the direct or indirect offer to pay a commission for the procurement of dead human bodies;

(7) failing to comply with the Utah Vital Statistics Rules as promulgated by the Utah Department of Health;

(8) selling preneed funeral arrangements by a preneed funeral arrangement sales agent when the sales agent is not associated with or employed by a funeral service establishment;

(9) selling a preneed funeral arrangement when the preneed funeral arrangement sales agent has not obtained approval to do so from the funeral service establishment and the contract is not approved by the supervising funeral director;

(10) selling an insurance policy to fund a preneed funeral arrangement contract naming a funeral service establishment as beneficiary, prior to executing the underlying preneed funeral arrangement contract;

(11) selling a preneed funeral arrangement without executing an approved preneed funeral arrangement contract within ten working days following the sale;

(12) failing to notify the Division of the beginning or ending of association or employment of a preneed funeral arrangement sales agent;

(13) exercising undue influence over a consumer thereby requiring or causing the consumer to purchase goods or services beyond those the consumer desires or needs;

(14) collecting or receiving money from the sale of an insurance policy funding a preneed funeral arrangement contract unless the person is collecting or receiving the money as a licensed insurance agent or broker;

(15) violating Title 31A, Chapter 23a, containing the fiduciary duties of a trustee with respect to money collected or received as a licensed insurance agent or broker;

(16) receiving a death benefit payment of life insurance proceeds beyond the funeral service establishment's insurable interest in the recipient of goods and services specified in a preneed contract, unless the excess is promptly returned to the insurance company or paid to those entitled to the funds;

(17) converting a preneed funeral arrangement funded by money placed in trust to insurance except as provided by this rule;

(18) failing to provide guaranteed goods and services at time of need in accordance with the terms of a preneed funeral arrangement contract;

(19) retaining life insurance proceeds of a policy purchased to fund funeral arrangements but not accompanied by a preneed funeral arrangement contract, unless the licensee provides an equivalent value of funeral goods and services;

(20) failing to report known violations of governing law or rules to the Division and to appropriate law enforcement or other appropriate agencies; and

(21) failing to handle, remit or deposit funds received in payment for a preneed funeral arrangement contract by placing the funds in trust or remitting the funds to an insurance carrier as is required by the contract terms and conditions and by all laws and rules regulating the sale of preneed funeral arrangements and insurance and annuity policies.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-604 Affiliation of Licensed Sales Agent with Licensed Funeral Service Establishment

(1) When a licensed sales agent enters association with a licensed funeral service establishment and such association is not currently registered with the Division under the provisions of Subsection 58-9-302(3)(d), or this subsection, the licensed funeral service establishment shall file a notice of association with the Division on forms provided by the Division within ten days after commencement of association.

(2) The licensed funeral service establishment shall provide the licensed sales agent with a copy of the notice filed with the Division.

(3) If a notice of association is not filed by the licensed funeral service establishment within ten days after association, the sales agent may not represent the licensed funeral service establishment with respect to any preneed funeral arrangement until such notice is filed.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-605 Licensure of Persons Selling Preneed Funeral Arrangements to be Funded by Proceeds from Insurance or Annuity Policy

(1) The following persons are engaged in the sale of a preneed funeral arrangement and are required to be licensed as a funeral service establishment or sales agent:

(a) any person who sells or represents that they will or intend to sell specific funeral goods or services;

(b) any person who represents that goods or services will be provided by a specific funeral establishment;

(d) any person who represents that payment for funeral goods or services to be provided at some future date shall be accomplished through the purchase of a life insurance policy or annuity policy.

(2) Any person who sells or represents that they will or intend to sell an insurance or annuity policy which will provide a certain benefit at time of death, represents that such benefit will be available to pay for funeral arrangements and no reference is made to specific funeral goods or services, to the cost of specific funeral goods or services, or to the services of a specific funeral service establishment, is not engaged in the sale of a preneed funeral arrangement and is not required to be licensed as a funeral service establishment or preneed sales agent.

(3) Nothing in this section shall be interpreted to affect or modify any requirement under state law regarding licensure of persons engaged in the sale of insurance or annuity policies.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-606 Preneed Funeral Arrangement Contracts Funded by Insurance or Annuity Policy

(1) The beneficiary designation on any insurance or annuity policy sold to fund a preneed funeral arrangement contract shall be a contingent designation using such wording as "as their interests may appear under a funeral arrangement contract" with information identifying the funeral arrangement contract, or other substantially equivalent beneficiary designation language.

(2) Monies received by a licensee in payment for an insurance or annuity policy sold to fund a preneed funeral arrangement contract shall be handled in accordance with the contractual terms and conditions of the policy and the insurance laws applicable to the policy.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-607 Contract Forms - Division Model

In accordance with Subsection 58-9-302(3)(e), a funeral service establishment shall ensure that if any amendments are made to any form of contract or agreement that is filed with its application for licensure, the amendments meet the requirements of Section 58-9-701 before that contract or agreement is used in any marketing or sale of preneed funeral arrangements.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-608 Contract Notice Regarding Medicaid

The following notice shall appear in all preneed contracts:

"Notice: Under Federal regulations, a Medicaid recipient whose preneed contract is revoked, canceled, or mutually rescinded may become ineligible for Medicaid benefits. Before permitting or causing your preneed agreement to be revoked, canceled or rescinded, you should seek the advice of an attorney or a Medicaid representative."

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-609 Retention of Completed or Terminated Contracts

Contracts shall be maintained for a period of five years after the contracts have been serviced and obligations of the funeral service establishment have been completed, or after the contracts have been otherwise terminated. The contracts shall be filed and maintained with a copy of the death certification or burial transit permit with respect to those contracts for which services have been provided, and with sufficient documentation to clearly identify the basis for termination of otherwise terminated.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-610 Use of Funds in Trust Account to Purchase Insurance or Annuity Policy

A funeral service establishment may convert a contract funded by monies held in trust with a contract funded by the proceeds from an insurance or annuity policy provided:

(1) the buyer consents in writing to the conversion after full disclosure of the consequences of the transaction in writing by the funeral service establishment;

(2) the buyer's consent is given without coercion, threat, concealment of material fact, undue influence, or other prejudicial influence inconsistent with the buyer's best interest;

(3) the funeral service establishment uses all monies held in the individual trust account, including interest, as premium for the purchase of the life insurance or annuity policy, unless otherwise directed in writing by the buyer;

(4) the new preneed funeral arrangement contract must be in writing and must provide for goods and services which at least equal to those required of the funeral service establishment under the original contract, and

(5) the new contract meets all requirements of Title 58, Chapter 9, and this rule.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-611 Conversion of Trust Accounts Under Prior Law Prohibited

Conversion of funds held in trust which was established under any prior law regulating preneed funeral arrangements, may not be converted to a trust under the provisions of current statute and rules, but shall continue to be held in trust under the terms and conditions of the predecessor law. However, the funeral service establishment is required to file reports with the Division as required under this rule.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-612 Prohibition Against Provider Accepting Payment in a Form Other Than Cash, Cash Equivalents, or Negotiable Instruments

A funeral service establishment may accept in payment for a preneed funeral arrangement contract only cash, cash equivalents, or negotiable instruments which are readily convertible to cash.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-613 Funeral Service Establishment Expenditure of Earnings from Trust Account

(1) In accordance with Subsection 58-9-704(1), earnings of a preneed funeral arrangement trust account shall be available to the funeral service establishment for expenditure toward reasonable trustee expenses of administering a trust account, not to exceed the lesser of the earnings remaining in the trust account or 1% of the entire trust account, plus any amounts necessary to pay taxes incurred on the entire trust account's earnings.

(2) In accordance with Subsection 58-9-704(2), earnings of an individual account within the trust shall be available to the funeral service establishment for expenditure toward other authorized reasonable funeral service establishment expenses incurred against the individual account, not to exceed earnings totaling 30% of the sales amount of the respective preneed funeral arrangement contract.

(3) Remaining earnings of individual accounts within the trust shall, except as provided in Subsection 58-9-704(3), remain in each individual account within the trust to pay by account, the costs of providing the goods and services required under respective preneed funeral arrangement contracts.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-614 Maximum Life Insurance Proceeds Payable to Funeral Service Establishment

(1) Preneed life insurance proceeds payable to a funeral service provider shall not exceed the funeral service establishment's insurable interest in the recipient of goods and services which, by definition, shall not exceed the funeral service establishment's current retail price for the goods and services provided, as determined by the funeral service establishment's price list in effect at the recipient of goods and service's death.

(2) Excess preneed life insurance proceeds not paid to the funeral service establishment shall be returned to the owner of the life insurance policy or his heirs and beneficiaries unless otherwise designated by the owner or his heirs and beneficiaries.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-615 Reporting Requirements

(1) In accordance with Sections 58-9-504 and 58-9-706, each funeral service establishment shall maintain an annual report at the establishment which shall be subject to Division audit at anytime. The annual report shall be maintained in a format set forth by the Division and shall include:

(a) a statement of compliance certifying:

(i) that all payments received from the sale of contracts have been:

(A) placed in the funeral service establishment's trust account in accordance with Section 58-9-702 and administered in accordance with Sections 58-9-703 through 58-9-705 and this rule; or

(B) submitted to the insurance company whose insurance or annuity policy funds the contract;

(ii) that complete and accurate information concerning the preneed funeral arrangements by the funeral service establishment or the funeral service establishment's sales agent was furnished or made available to the independent certified public accountant who prepared the report of agreed upon procedures; and

(iii) that the annual report is complete and accurate;

(b) at least one of the following reports which reconciles balances in all trust accounts and insurance policies to those in the annual report:

(i) a report from a bank trust department;

(ii) a report from a licensed insurance company; or

(iii) an accounting report on forms available from the Division, completed by an independent certified public accountant (CPA) licensed pursuant to Title 58, Chapter 26a, which report indicates the procedures used and agreed upon by the CPA and the funeral service establishment.

(c) an exhibit listing preneed contracts sold prior to April 29, 1991, funded by money, 75% of which is required to be maintained in the name of the contract buyer in the funeral service establishment's trust account as provided in Section 58-9-703, which shall include at a minimum: the contract number, date, amount, the recipient of goods and services and buyer if different, and balance due; the individual trust account number and amount trusted; and the trust earnings, earnings used, and trust balance;

(d) an exhibit listing preneed contracts sold after April 28, 1991, funded by money, 100% of which is required to be maintained in the name of the contract buyer in the funeral service establishment's trust account as provided in Section 58-9-703, which shall include at a minimum the information required under subsection (c);

(e) an exhibit listing preneed contracts funded by money placed in trust which were serviced, revoked, rescinded, or amended since the last reporting period, which shall include at a minimum: the contract number, date, amount, the recipient of goods and services and buyer if different; the individual trust account number and trust balance at the recipient of goods and service's death; the date the contract was closed; and an explanation regarding any preneed contract closed but not serviced;

(f) an exhibit listing preneed contracts sold after April 28, 1991, funded in whole or in part by insurance, which shall include at a minimum: the contract number, date, amount, recipient of goods and services and buyer if different; the insurance company; the policy number, policy holder, and face amount; and

(g) an exhibit listing preneed contracts funded by insurance which were serviced, revoked, rescinded, or otherwise amended since the last reporting period, which shall include at a minimum: the contract number, date, amount, the recipient of goods and services, and buyer if different; the insurance company; the policy number and policy holder; the policy proceeds; the date the contract was closed; and an explanation regarding any preneed contract closed but not serviced.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-616 Maximum Revocation Fee

If a buyer revokes or defaults under a guaranteed preneed funeral arrangement contract, the funeral service establishment may retain a revocation fee from the trust corpus, not to exceed 25% of the amount received from the sale of the contract and trust earnings thereupon, provided the revocation fee is clearly identified in the contract.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

Utah Admin. Code R156-9-617 Goods and Services Not Provided - Refund

If goods or services selected in the preneed contract are not provided at the time of need, the amount paid for those goods and services and any unexpended earnings thereupon will be distributed to the preneed contract buyer or the buyer's representative or in their absence, the buyer's heirs and beneficiaries.

History

KEY: funeral industries, licensing, funeral service directors, preneed funeral arrangements
Date of Last Change: July 23, 2025
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504

R156-11a Cosmetology and Associated Professions Licensing Act Rule

Utah Admin. Code R156-11a-101 Title -- Authority -- Relationship to Rule R156-1

(1) This rule is known as the "Cosmetology and Associated Professions Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 11a, Cosmetology and Associated Professions Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 11a, Cosmetology and Associated Professions Licensing Act. In addition:

(1) "Acrylic nail," as used in Section 15A-3-402 and Subsections R156-11a-704(14) and R156-11a-705(25), means an extension for natural nails molded out of a polymer powder and a liquid monomer buffed to a shine.

(2) "Advanced pedicures," as used in Subsections 58-11a-102(45)(a)(i)(D), R156-11a-611(2), and R156-11a-703(17), means any of the following while caring for the nails, cuticles or calluses of the feet:

(a) utilizing manual instruments, implements, advanced electrical equipment, tools, or microdermabrasion for cleaning, trimming, softening, smoothing, or buffing;

(b) utilizing blades, including corn or callus planer or rasp, for smoothing, shaving or removing dead skin from the feet as defined in Section R156-11a-611; or

(3) "Aroma therapy" means the application of essential oils that are applied directly to the skin, undiluted or in a misted dilution with a carrier oil or lotion for varied applications such as massage, hot packs, cold packs, compress, inhalation, steam or air diffusion, or in hydrotherapy services.

(4) "BCA acid" means bichloroacetic acid.

(5) "Body wraps," as used in Subsection 58-11a-102(45)(a)(i)(A), means body treatments utilizing products or equipment to enhance and maintain the texture, contour, integrity and health of the skin and body.

(6) "Chemical exfoliation," as defined in Subsections 58-11a-102(45)(a)(i)(C) and R156-11a-610(4), means a resurfacing procedure performed with a chemical solution or product to remove superficial layers of the epidermis to a point no deeper than the stratum corneum.

(7) "Dermabrasion or open dermabrasion" means the surgical application of a wire or diamond frieze for deep skin resurfacing by a physician to abrade the skin to the epidermis and possibly down to the papillary dermis.

(8) "Dermaplane" means the use of a scalpel or bladed instrument under the general supervision of a health care practitioner to shave the upper layers of the stratum corneum.

(9) "Direct supervision by a licensed health care practitioner" means a health care practitioner who, acting within the scope of the licensee's license, authorizes and directs the work of a licensee pursuant to this chapter as defined under Subsection R156-1-102a(1)(a).

(10) "Equivalent number of credit hours" means:

(a) the following conversion table if on a semester basis:

(i) theory - 1 credit hour - 30 clock hours;

(ii) practice - 1 credit hour - 30 clock hours; and

(iii) clinical experience - 1 credit hour - 45 clock hours; and

(b) the following conversion table if on a quarter basis:

(i) theory - 1 credit hour - 20 clock hours;

(ii) practice - 1 credit hour - 20 clock hours; and

(iii) clinical experience - 1 credit hour - 30 clock hours.

(11) "Exfoliation" means the sloughing off of non-living skin cells "corneocytes" by superficial and non-invasive means.

(12) "Extraction" means the following:

(a) "Advanced extraction," as used in Subsections 58-11a-102(45)(a)(i)(F) and R156-11a-611(2)(b), means to perform extraction with a lancet or device that removes impurities from the skin.

(b) "Manual extraction," as used in Subsection 58-11a-102(35)(a), means to remove impurities from the skin with protected fingertips, cotton swabs, or a loop comedone extractor.

(13) "Galvanic current" means a constant low-voltage direct current.

(14) "General supervision by a licensed health care practitioner" means a health care practitioner who, acting within the scope of the licensee's license, authorizes and directs the work of a licensee pursuant to this chapter as defined under Subsection R156-1-102a(1)(c).

(15) "Health care practitioner" means:

(a) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;

(d) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, acting within the supervisor's scope of practice.

(16) "Hydrotherapy," as used in Subsection 58-11a-102(45)(a)(i)(B), means the use of water for cosmetic purposes or beautification of the body.

(17) "Indirect supervision" means the supervising instructor who, acting within the scope of the licensee's license, authorizes and directs the work of a licensee pursuant to this chapter as defined under Subsection R156-1-102a(1)(b).

(18) "Limited chemical exfoliation" means a non-invasive chemical exfoliation and is further defined in Subsection R156-11a-610(3).

(19) "Lymphatic massage," as used in Subsections 58-11a-102(45)(a)(ii) and 58-11a-302(11)(d), means a method using a light rhythmic pressure applied by manual or other means to the skin using specific lymphatic maneuvers to promote drainage of the lymphatic fluid through the tissue.

(20) "Manipulating," as used in Subsection 58-11a-102(35)(a), means applying a light pressure by the hands to the skin.

(21) "Microdermabrasion," as used in Subsection 58-11a-102(45)(a)(i)(E), means a gentle, progressive, superficial, mechanical exfoliation of the uppermost layers of the stratum corneum using a closed-loop vacuum system.

(22) "Microneedling" means the use of multiple tiny solid needles designed to pierce the skin to stimulate collagen production or cellular renewal. Devices used may be in the form of rollers, stamps, or electronic "pens." Microneedling is also known as:

(a) dermal needling;

(b) Collagen Induction Therapy (CIT);

(d) cosmetic dry needling;

(e) multitrepannic collagen actuation; or

(f) percutaneous collagen induction.

(23) "NIC" means the National Interstate Council of State Boards of Cosmetology.

(24) "Patch test" or "predisposition test" means applying a small amount of a chemical preparation to the skin of the arm or behind the ear to determine possible allergies of the client to the chemical preparation.

(25) "Pedicure" means any of the following:

(a) cleaning, trimming, softening, or caring for the nails, cuticles, or calluses of the feet;

(b) the use of manual instruments or implements on the nails, cuticles, or calluses of the feet;

(d) massaging of the feet or lower portion of the leg.

(26) "Source capture system," as used in Subsection 58-11a-502(6), means the source capture system required under Section 15A-3-402.

(27) "TCA acid" means trichloroacetic acid.

(28) "Unprofessional conduct" is further defined in Sections 58-1-501 and R156-11a-502.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-301 Change of Legal Entity

Under Section 58-11a-301, a school shall submit a new application for licensure upon any change of legal entity status. The new legal entity may not engage in practice as a licensed school until the application is approved and a license issued.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-302a Qualifications for Licensure - Examination Requirements

(1) Except as otherwise provided in Sections 58-1-308 and R156-11a-308 for individuals reinstating a license, applicants for each classification listed in Subsection (2) shall pass within one year before the date of application, or within other reasonable timeframe as approved by the Division upon review of applicable extenuating circumstances, the respective examination with a passing score of at least 70% as determined by the examination provider.

(2) Under Section 58-11a-302, the examination requirements for licensure are established as follows:

(a) an applicant for licensure as a barber shall pass the NIC Barber Theory and Practical Examinations;

(b) an applicant for licensure as a cosmetologist/barber shall pass the NIC Cosmetology/Barber Theory and Practical Examinations;

(d) an applicant for licensure as a basic esthetician shall pass the NIC Esthetics Theory and Practical Examinations;

(e) an applicant for licensure as a master esthetician shall pass the NIC Master Esthetics Theory and Practical Examinations;

(f) an applicant for licensure as a hair designer shall pass the NIC Hair Design Theory and Practical Examinations;

(g) an applicant for licensure as an instructor of barbering, cosmetologist/barbering, electrology, esthetics, hair designer, nail technology, or eyelash and eyebrow technology shall pass the NIC Instructor Examinations;

(h) an applicant for licensure as a nail technician shall pass the NIC Nail Technology Theory and Practical Examinations; and

(i) an applicant for licensure as an eyelash and eyebrow technician shall pass the NIC Eyelash and Eyebrow Theory and Practical Examinations.

(3) Any substantially equivalent theory, practical, or instructor examination approved by the licensing authority of any jurisdiction is acceptable for any one or more of the examinations in Subsection (2).

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-302b Qualifications for Licensure - Equivalency of Foreign School Education

Under Subsection 58-11a-302(23), an applicant may demonstrate the educational equivalency of the applicant's foreign school education by submitting to the Division:

(1) an education or credential evaluation from an evaluator listed on the Division's website at https://dopl.utah.gov/cosmetology/; or

(2) other evidence that is satisfactory to the Division in collaboration with the Board.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-302c Qualifications for Licensure - Acceptance of Credit Hours

Under Subsection 58-11a-302(24), a licensed school shall accept credit hours toward graduation as follows:

(1) the school shall accept credit hours toward any curriculum in Sections R156-11a-700 through R156-11a-708; and

(2) the credit hours accepted may not exceed the number of hours required in Subsection 58-11a-302(1)(c)(i), 58-11a- 302(4)(c)(i), 58-11a-302(7)(c), 58-11a-302(10)(c)(i), 58-11a-302(11)(c)(i), 58-11a-302(14)(c)(i), 58-11a-302(17)(c)(i), or 58-11a- 302(20)(c)(i) for that professional license in Utah.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licenses and certificates under Title 58, Chapter 11a, Cosmetology and Associated Professions Licensing Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308l.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-308 Reinstatement of License

Under Subsection 58-1-308(5)(a), an individual may apply for reinstatement of a license between two years and five years from the date of license expiration without being required to pass the exams provided in Section R156-11a-302a.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to comply with the standards for school curriculums applicable to a school of barbering, cosmetology/barbering, esthetics, electrology, hair design, nail technology, or eyelash and eyebrow technology in Sections R156- 11a-700 through R156-11a-708;

(2) using any device classified by the Food and Drug Administration as a prescriptive medical device without the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of practice;

(3) performing a service within the individual's scope of practice without having been adequately trained to perform the service;

(4) failing as a supervisor to provide the appropriate level of supervision within the scope of practice in Section 58- 11a-102;

(5) performing services within the scope of practice without having the appropriate level of supervision as required in Section 58-11a-102;

(6) violating any standard established in Sections R156-11a-601 through R156-11a-612;

(7) performing a procedure while the licensee has a known contagious disease that may be transmitted by performing the procedure unless the licensee takes medically approved measures to prevent transmission of the disease; and

(8) performing a procedure on a client who has a known contagious disease that may be transmitted by performing the procedure unless the licensee takes medically approved measures to prevent transmission of the disease.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-503 Administrative Penalties - Unlawful Conduct

(1) Citations may not be issued for third offenses, except in extraordinary circumstances approved by the chief investigator or licensing administrator. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-11a-503(4)(h).

(2) Multiple offenses may be cited on the same citation, if the citation clearly indicates each offense and the fine that is allocated to each offense.

(3) A chief investigator or licensing administrator may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(4) The presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-601 Standards for Accreditation

Under Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58-11a- 302(16)(c)(iv), 58-11a-302(19)(c)(iv), or 58-11a-302(22)(c)(iv), the accreditation standards for a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology include the following:

(1) each school shall be accredited by:

(a) the National Accrediting Commission of Career Arts and Sciences (NACCAS); or

(b) other accrediting bodies recognized by the U.S. Department of Education;

(2) each school shall maintain and keep the accreditation current;

(3) a newly licensed school shall pursue accreditation under this section using the following procedure:

(a) a new school shall:

(i) within one month of the date the school was licensed as a school by the Division, submit to an accrediting commission an application for candidate status;

(ii) within 18 months of the date the school was licensed by the Division, provide the Division evidence of receiving candidate status from the accrediting commission;

(iii) file with the Utah Department of Commerce's Division of Consumer Protection a "Request for Exemption pursuant to the Postsecondary Proprietary School Act" application, pursuant to Sections 13-34-105 and R152-34-5;

(iv) during the pendency of its application for accreditation status, comply with all applicable accreditation standards; and

(v) receive approval for accreditation within 24 months following the date it achieved candidate status; and

(b) the Division shall determine whether a newly licensed school entity has succeeded a previously licensed school entity for the purposes of achieving accreditation;

(c) if a newly licensed school is determined by the Division to be a new entity, then the newly licensed school shall comply with the accreditation deadlines in Subsection (3)(a); and

(d) if a newly licensed school is determined by the Division not to be a new entity, then the newly licensed school shall meet the accreditation deadlines previously set by its accrediting commission;

(4) the Division's determination shall be based upon whether the newly licensed school:

(a) operates on essentially the same premises as the previously licensed school;

(b) uses essentially the same staff;

(d) maintains the previously licensed school's accreditation status with the applicable governing accreditation commission;

(5) a licensee whose accreditation has been withdrawn shall immediately notify the Division; and

(6) a licensee who fails to obtain or maintain accreditation status as required shall immediately surrender its license as a school to the Division, and failure to do so shall constitute a basis for immediate revocation of licensure under Section 63G-4- 502.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-602 Standards for the Physical Facility

Under Subsection 58-11a-302(3)(c)(iii), 58-11a-302(6)(c)(iii), 58-11a-302(9)(c)(iii), 58-11a-302(13)(c)(iii), 58-11a- 302(16)(c)(iii), 58-11a-302(19)(c)(iii), or 58-11a-302(22)(c)(iii), the standards for the physical facilities for a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology shall include:

(1) the governing standards established by the accreditation commission; and

(2) whether or not addressed in the governing standards:

(a) enough of each type of training equipment so that each student has an equal opportunity to be properly trained;

(b) laundry facilities to maintain sanitation and sterilization; and

(c) appropriate amounts of clean towels, sheets, linen, sponges, headbands, compresses, robes, drapes, and other necessary linens for each student's and client's use.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-603 Standards for a Student Kit

(1) Under Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58- 11a-302(16)(c)(iv), 58-11a-302(19)(c)(iv), or 58-11a-302(22)(c)(iv), a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology shall provide to each student a list of basic kit supplies needed by that student.

(2) The basic kit may be supplied by the school or purchased independently by the student.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-604 Standards for Prohibition Against Operation as a Barbershop, Salon, or Spa

(1) Under Subsections 58-11a-302(3)(c)(iii), 58-11a-302(6)(c)(iii), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iii), 58- 11a-302(16)(c)(iii), 58-11a-302(19)(c)(iii), and 58-11a-302(22)(c)(iii), if a barbershop, salon, or spa is under the same ownership or is otherwise associated with a school, then the barbershop, salon, or spa shall maintain separate operations from the school.

(2)(a) If the barbershop, salon, or spa is located in the same building as a school, then separate entrances and visitor reception areas are required; and

(b) A barbershop, salon, or spa shall also use separate public information releases, advertisements, and names than those used by the school.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-605 Standards for Protection of Students

Under Subsections 58-11a-302(3)(c)(iii) and (iv), 58-11a-302(6)(c)(iii) and (iv), 58-11a-302(9)(c)(iii) and (iv), 58-11a- 302(13)(c)(iii) and (iv), 58-11a-302(16)(c)(iii) and (iv), 58-11a-302(19)(c)(iii) and (iv), and 58-11a-302(22)(c)(iii) and (iv), the standards that a school shall provide for the protection of its students include the following:

(1) if a school ceases to operate for any reason, the school shall:

(a) notify the Division within 15 days by registered or certified mail; and

(b) name a trustee who shall be responsible for:

(i) maintaining the student records for a minimum period of ten years; and

(ii) providing student information, such as accumulated hours and dates of attendance;

(2) a school shall:

(a) provide to each student a copy of the written contract prepared under Section R156-11a-607; and

(b) keep a daily written record of student attendance;

(3) a school may not:

(a) use a student to perform maintenance, janitorial, or remodeling work such as scrubbing floors, walls or toilets, cleaning windows, waxing floors, painting, decorating, or performing any outside work on the grounds or building, except a student may be required to clean up after themselves and to perform or participate in daily cleanup of work areas including the floor space, shampoo bowls, laundering of towels and linen, and other general cleanup duties that are related to the performance of client services;

(b) require a student to sell products applicable to their industry as a condition to graduate but may provide instruction in product sales techniques as part of their curriculums;

(i) if a student is late for class, the school may require the student to retake the class before giving credit for the class; or

(ii) a school may require a student to take a refresher course or retake a class toward graduation based upon an evaluation of the student's level of competency; or

(d) under Subsection 58-11a-502(2)(a), require a student to participate in hair removal training that pertains to the genitals or anus of a client.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-606 Standards for Protection of Schools

Under Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58-11a- 302(16)(c)(iv), 58-11a-302(19)(c)(iv), or 58-11a-302(22)(c)(iv), the standards for the protection of a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology include the following:

(1) a school may not be required to release documentation of hours earned to a student until the student has paid the tuition or fees owed to the school as provided in the terms of the contract;

(2)(a) a school may accept a transfer student; and

(b) a school shall determine the number of hours to be accepted toward graduation based upon an evaluation of the student's level of training under Section R156-11a-302c; and

(3) any hours obtained by a student who is enrolled in an apprenticeship may not be used to satisfy any of the required hours of school instruction.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-607 Standards for a Written Contract

(1) Under Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58- 11a-302(16)(c)(iv), 58-11a-302(19)(c)(iv), or 58-11a-302(22)(c)(iv), a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology shall complete a written contract with each student before admission.

(2) Each contract shall include specifically, or by reference to the school's catalogue or handbook, or both, the following:

(a) the current status of the school's accreditation;

(b) rules of conduct;

(d) provisions for make-up work;

(e) grounds for probation, suspension or dismissal; and

(f) a detailed fee schedule which shall include the student's financial responsibility upon voluntarily leaving the school or upon being suspended from the school.

(3) The school shall maintain on file for each student a copy of the contract and of any referenced catalogue or handbook and shall provide a copy of the contract and any catalogue or handbook to the Division upon request.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-608 School Staff Requirements

Under Subsection 58-11a-302(3)(c)(iv), 58-11a-302(6)(c)(iv), 58-11a-302(9)(c)(iv), 58-11a-302(13)(c)(iv), 58-11a- 302(16)(c)(iv), 58-11a-302(19)(c)(iv), or 58-11a-302(22)(c)(iv), the staff requirements for a school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology , or eyelash and eyebrow technology shall include the following :

(1)(a) a school shall have a minimum of one licensed instructor for every 20 students, or fraction thereof, attending a practical session, and one licensed instructor for any group attending a theory session; and

(b) a special guest speaker may not reduce the required number of licensed instructors;

(2) a school may give credit for special workshops, training seminars, and competitions, or may invite a special guest speaker who is not licensed in accordance with Section 58-11a-302, to provide instruction or give practical demonstrations to supplement the curriculum as long as a licensed instructor from the school is present; and

(3) a student instructor may not be counted as part of the instructor staff.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-609 Standards for Instructors

(1) Under Subsections 58-11a-102(34), 58-11a-102(37), 58-11a-102(39), 58-11a-102(40), 58-11a-102(42), 58-11a- 102(44), and 58-11a-102(47), an instructor of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology may teach:

(a) only in practice areas for which they have received training and are qualified to teach; and

(b) the use of a mechanical or electrical apparatus only if they are trained and qualified in its use.

(2) Under Subsection 58-11a-102(13), an individual licensed as a cosmetology/barbering instructor may teach:

(a) barbering, basic esthetics, hair design, nail technology, or eyelash and eyebrow technology as part of the cosmetology/barbering or nail technology curriculums in a licensed school of barbering, cosmetology/barbering, hair design, nail technology, or a licensed eyelash and eyebrow technology; and

(b) barbering, hair design, or basic esthetics in an approved apprenticeship in barbering, cosmetology/barbering, hair design, nail technology, or eyelash and eyebrow technology.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-610 Standards for the Use of Acids

Under Subsections 58-11a-102(35)(b), 58-11a-102(45)(a)(i)(C), and 58-11a-501(17), the standards for the use of any acid or concentration of acids shall be:

(1) the use of any acid or acid solution that would exfoliate the skin below the stratum corneum, including those listed in Subsections (3) and (4), is prohibited unless used under the supervision of a licensed health care practitioner;

(2) the following acids are prohibited unless used under the supervision of a licensed health care practitioner:

(a) phenol;

(b) bichloroacetic acid;

(d) any acid in any concentration level that requires a prescription;

(3) limited chemical exfoliation for a basic esthetician does not include the mixing, combining, or layering of skin exfoliation products or services, but does include:

(a) alpha hydroxy acids of 30% or less, with a pH of not less than 3.0; and

(b) salicylic acid of 15% or less;

(4) chemical exfoliation for a master esthetician includes:

(a) acids allowed for a basic esthetician;

(b) modified Jessner solution on the face and the tissue immediately adjacent to the jawline;

(c) alpha hydroxy acids with a pH of not less than 1.0 and at a concentration of 50% shall include partially neutralized acids, and any acid above the concentration of 50% is prohibited;

(d) beta hydroxy acids with a concentration of not more than 30%;

(e) trichloroacetic acid, under Subsection 58-11a-501(17)(c), in a concentration of not more than 15%, but no manual, mechanical, or acid exfoliation can be used before treatment unless under the general supervision of a licensed health care practitioner; and

(f) vitamin-based acids;

(5)(a) a licensee shall prepare and maintain current documentation of the licensee's cumulative experience in chemical exfoliation including:

(i) courses of instruction;

(ii) specialized training;

(iii) on-the-job experience; and

(iv) the approximate percentage that chemical exfoliation represents in the licensee's overall business; and

(b) a licensee shall provide the documentation required by Subsection (5)(a) to the Division upon request;

(6) a licensee may not use an acid or perform a chemical exfoliation that the licensee is not competent to use or perform through training and experience, and as documented under Subsection (5);

(7) only commercially available products used in accordance with manufacturers' instructions may be used for chemical exfoliation purposes; and

(8) a patch test shall be administered to each client before beginning any chemical exfoliation series.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-611 Standards for Approval of Mechanical or Electrical Apparatus

Under Subsections 58-11a-102(45)(a)(i)(H)(II) and (I), the standards for approval of mechanical or electrical apparatus are:

(1) a licensee may use a mechanical or electrical apparatus that is designated as a prescription medical device by the FDA only under the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of practice;

(2) dermaplane procedures, dermabrasion procedures, blades, knives, and lancets are prohibited except for:

(a) advanced pedicures;

(b) advanced extraction of impurities from the skin; and

(c) dermaplane procedures for advanced exfoliation as defined in Subsection R156-11a-102(8) by a master esthetician under general supervision of a health care practitioner;

(3) the use of any procedure in which human tissue is cut or altered by laser energy or ionizing radiation is prohibited for individuals licensed under this chapter unless it is within the scope of practice for the licensee and under the appropriate level of supervision by a licensed health care practitioner acting within the licensed health care practitioner's scope of practice;

(4) To be approved, a microdermabrasion machine shall:

(a) be specifically labeled for cosmetic or esthetic purposes;

(b) be a closed-loop vacuum system that uses a tissue retention device; and

(c) the normal and customary use of the machine may not result in the removal of the epidermis beyond the stratum corneum; and

(5) To be approved, a microneedling device shall:

(a) be used only by a master esthetician:

(i) without supervision if needle penetration does not exceed 1.5 mm; or

(ii) with general supervision by a licensed health care practitioner if needle penetration exceeds 1.5 mm; and

(b) be used specifically for cosmetic or esthetic purposes.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-612 Standards for Disclosure

Under Subsections 58-11a-102(35)(b) and (45)(a)(i)(C) and (E), a licensee acting within the licensee's scope of practice shall inform a client of the following before applying a chemical exfoliant, using a microneedling device, or using a microdermabrasion machine:

(1) the procedure may only be performed for cosmetic and not medical purposes, unless the licensee is working under the supervision of a licensed health care practitioner, who is working within the scope of the practitioner's license; and

(2) the benefits and risks of the procedure.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-700 Curriculum for Barber Schools

Under Subsection 58-11a-302(3)(c)(iv), the curriculum for a barber school shall consist of 1,000 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of barbering; and

(b) an overview of the barber curriculum;

(2) personal, client, and shop safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and shop management including:

(a) developing a clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of the hair and scalp including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for barbering;

(8) first aid;

(9) anatomy;

(10) science of barbering;

(11) chemistry for barbering;

(12) analysis of the hair and scalp;

(13) properties of the hair, skin, and scalp;

(14) basic hairstyling and hair cutting including:

(a) draping;

(b) clipper variations;

(d) wet and thermal styling;

(15) shaving and razor cutting;

(16) mustache and beard design;

(17) elective topics; and

(18) Barber Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-701 Curriculum for Electrology Schools

Under Subsection 58-11a-302(9)(c)(iv), the curriculum for an electrology school shall consist of 600 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) the history of electrology; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

( 3) business and salon management including:

(a) developing a clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues including:

(a) malpractice and liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of hair and skin;

(7) implements, tools, and equipment for electrology;

(8) first aid;

(9) anatomy;

(10) science of electrology;

(11) analysis of the skin;

(12) physiology of hair and skin;

(13) medical definitions including:

(a) dermatology;

(b) endocrinology;

(d) neurology;

(14) evaluating the characteristics of skin;

(15) evaluating the characteristics of hair;

(16) medications affecting hair growth including:

(a) over-the-counter preparations;

(b) anesthetics; and

(17) contraindications;

(18) disease and blood-borne pathogens control including:

(a) pathogenic bacteria and non-bacterial causes; and

(b) American Electrology Association (AEA) infection control standards;

(19) principles of electricity and equipment including:

(a) types of electrical currents, their measurements and classifications;

(b) Food and Drug Administration (FDA) approved needle type epilation equipment;

(d) epilator operation and care;

(20) modalities for need type electrolysis including:

(a) needle or probe types, features, and selection;

(b) insertions, considerations, and accuracy;

(d) thermolysis manual and flash technique;

(e) blend and progressive epilation technique; and

(f) one-and two-handed techniques;

(21) clinical procedures including:

(a) consultation;

(b) health and medical history;

(d) normal healing skin effects;

(e) tissue injury and complications;

(f) treating ingrown hairs;

(g) face and body treatment;

(h) cosmetic electrology; and

(i) positioning and draping;

(22) elective topics; and

(23) Electrology Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-702 Curriculum for Esthetics School - Basic Esthetician Programs

Under Subsection 58-11a-302(13)(c)(iv), the curriculum for an esthetics school basic esthetician program shall consist of 600 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of esthetics; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management including:

(a) developing a clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising.

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of the skin including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for basic esthetics including;

(a) high-frequency or galvanic current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) science of basic esthetics;

(11) analysis of the skin;

(12) physiology of the skin;

(13) facials, manual and mechanical;

(14) limited chemical exfoliation including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(15) chemistry for basic esthetics;

(16) temporary removal of superfluous hair by waxing;

(17) treatment of the skin;

(18) packs and masks;

(19) aroma therapy;

(20) application of makeup including:

(a) application of artificial eyelashes;

(b) arching of the eyebrows; and

(21) medical devices;

(22) cardiopulmonary resuscitation (CPR);

(23) basic facials;

(24) chemistry of cosmetics;

(25) skin treatments, manual and mechanical;

(26) massage of the face and neck;

(27) natural nail manicures and pedicures;

(28) elective topics; and

(29) Esthetic Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-703 Curriculum for Esthetics School - Master Esthetician Programs

Under Subsection 58-11a-302(13)(c)(iv), the curriculum for an esthetics school master esthetician program shall consist of 1,200 hours of instruction: 600 hours shall consist of the curriculum for a basic esthetician program, and the remaining 600 hours shall be in the following subject areas:

(1) introduction consisting of:

(a) history of esthetics and master esthetics; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management consisting of:

(a) developing clients;

(b) professional image;

(d) professional associations;

(e) advertising; and

(f) public relations;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) the human immune system;

(6) diseases and disorders of the skin including:

(a) bacteriology;

(b) sanitation;

(d) contamination; and

(e) infection controls;

(7) implements, tools, and equipment for master esthetics;

(8) first aid;

(9) anatomy;

(10) science of master esthetics;

(11) analysis of the skin;

(12) physiology of the skin;

(13) advanced facials, manual and mechanical;

(14) chemistry for master esthetics;

(15) advanced chemical exfoliation, including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(16) temporary removal of superfluous hair by waxing and advanced waxing;

(17) advanced pedicures;

(18) advanced aroma therapy;

(19) the aging process and its damage to the skin;

(20) medical devices;

(21) cardiopulmonary resuscitation (CPR) training;

(22) hydrotherapy;

(23) advanced mechanical and electrical devices including instruction in using:

(a) sanding and microdermabrasion techniques;

(b) galvanic or high-frequency current for treatment of the skin;

(d) devices that apply a mixture of steam and ozone to the skin;

(e) devices that spray water and other liquids on the skin; and

(f) any other mechanical devices, esthetic preparations, or procedures approved by the Division in collaboration with the Board for the care and treatment of the skin;

(24) elective topics;

(25) the requirements in Section R156-11a-707;

(26) for schools teaching lymphatic massage, under Subsections 58-11a-102(39)(a)(ii) and 58-11a-302(11)(e), 200 hours of instruction is required and shall consist of:

(a) 40 hours of training in anatomy and physiology of the lymphatic system;

(b) 70 applications of one hour each in manual lymphatic massage of the full body; and

(c) 90 hours of training in lymphatic massage by other means, including to energy, mechanical devices, suction-assisted massage with or without rollers, compression therapy with equipment, or garment therapy; and

(27) Master Esthetician Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-704 Curriculum for Nail Technology Schools

Under Subsection 58-11a-302(19)(c)(iv), the curriculum for a nail technology school shall consist of 300 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of nail technology; and

(b) an overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management including:

(a) developing clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of the nails and skin including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for nail technology;

(8) first aid;

(9) anatomy;

(10) science for nail technology;

(11) theory of basic manicuring including hand and arm massage;

(12) physiology of the skin and nails;

(13) chemistry for nail technology;

(14) artificial nail techniques consisting of:

(a) wraps;

(b) nail tips;

(d) sculptured and other acrylic nails; and

(e) nail art;

(15) pedicures and massaging the lower leg and foot;

(16) elective topics; and

(17) Nail Technology Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-705 Curriculum for Cosmetology/Barber Schools

Under Subsection 58-11a-302(6)(c)(iv), the curriculum for a cosmetology/barber school shall consist of 1,600 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of barbering, cosmetology/barbering, esthetics, nail technology, eyelash and eyebrow technology; and

(b) overview of the curriculum;

(2) personal, client, and salon safety including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management including:

(a) developing clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of skin, nails, hair, and scalp including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for cosmetology, barbering, basic esthetics, nail technology, and eyebrow and eyelash technology, including:

(a) high-frequency or galvanic current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) science of cosmetology/barbering, basic esthetics, nail technology, and eyebrow and eyelash technology;

(11) analysis of the skin, hair, and scalp;

(12) physiology of the human body including skin and nails;

(13) electricity and light therapy;

(14) limited chemical exfoliation including:

(a) pre-exfoliation consultation;

(b) post-exfoliation treatments; and

(15) chemistry for cosmetology/barbering, basic esthetics, nail technology, and eyebrow and eyelash technology;

(16) temporary removal of superfluous hair including by waxing;

(17) properties of the hair, skin, and scalp;

(18) basic hairstyling including:

(a) wet and thermal styling;

(b) permanent waving;

(d) chemical hair relaxing; and

(e) thermal hair straightening;

(19) haircuts including:

(a) draping;

(b) clipper variations;

(d) shaving; and

(e) wigs and artificial hair;

(20) razor cutting;

(21) mustache and beard design;

(22) basic esthetics including:

(a) treatment of the skin, manual and mechanical;

(b) packs and masks;

(d) chemistry of cosmetics;

(e) application of makeup including:

(i) application of artificial eyelashes;

(ii) arching of the eyebrows; and

(iii) tinting of the eyelashes and eyebrows;

(f) massage of the face and neck; and

(g) natural manicures and pedicures;

(23) medical devices;

(24) cardiopulmonary resuscitation (CPR);

(25) artificial nail techniques consisting of:

(a) wraps;

(b) nail tips;

(d) sculptured and other acrylic nails; and

(e) nail art;

(26) pedicures and massaging of the lower leg and foot;

(27) the requirements in Section R156-11a-707;

(28) elective topics; and

(29) Cosmetology/Barber Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-706 Curriculum for Hair Design Schools

Under Subsection 58-11a-302(16)(c)(iv), the curriculum for a hair design school shall consist of 1,200 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of hair design; and

(b) overview of the curriculum;

(2) personal, client, and salon safety, including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management including:

(a) developing clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues, including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases and disorders of hair and scalp, including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for hair design, including:

(a) high-frequency current; and

(b) heat lamps;

(8) first aid;

(9) anatomy;

(10) science of hair design;

(11) analysis of the hair and scalp;

(12) physiology of the human body;

(13) electricity and light therapy;

(14) chemical reactions;

(15) chemistry for hair design;

(16) properties of the hair and scalp;

(17) basic hairstyling including:

(a) wet and thermal styling;

(b) permanent waving;

(d) chemical hair relaxing; and

(e) thermal hair straightening;

(18) haircuts, including:

(a) draping;

(b) clipper variations;

(d) shaving; and

(e) wigs and artificial hair;

(19) razor cutting;

(20) mustache and beard design;

(21) cardiopulmonary resuscitation (CPR);

(22) elective topics; and

(23) Hair Designer Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-707 Curriculum for Eyelash and Eyebrow Technology Schools

Under Subsection 58-11a-302(22)(c)(iv), the curriculum for an eyelash and eyebrow technology school shall consist of 100 hours of instruction in the following subject areas:

(1) introduction consisting of:

(a) history of eyelash and eyebrow technology; and

(b) overview of the curriculum;

(2) personal, client, and salon safety, including:

(a) aseptic techniques and sanitary procedures;

(b) disinfection and sterilization methods and procedures; and

(3) business and salon management including:

(a) developing clientele;

(b) professional image;

(d) professional associations;

(e) public relations; and

(f) advertising;

(4) legal issues, including:

(a) malpractice liability;

(b) regulatory agencies; and

(5) human immune system;

(6) diseases, disorders, and allergies of the eye area, including:

(a) bacteriology;

(b) sanitation;

(d) decontamination; and

(e) infection control;

(7) implements, tools, and equipment for eyelash and eyebrow;

(8) first aid;

(9) anatomy and physiology of the eye area;

(10) application of makeup including:

(a) application of artificial eyelashes;

(b) arching of the eyebrows; and

(11) chemical reactions;

(12) chemistry for eyelash and eyebrow design;

(13) eyebrow shaping;

(14) eyelash and eyebrow extension including:

(a) preparation;

(b) application;

(d) removal;

(15) eyelash and eyebrow chemical services including:

(a) lash lift;

(b) brow lamination;

(d) brow tinting; and

(e) aftercare;

(16) contraindications;

(17) elective topics; and

(18) Eyebrow and Eyelash Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-708 Curriculum for Instructor Schools

Under Subsection 58-11a-302(2)(d)(i), 58-11a-302(5)(d)(i), 58-11a-302(8)(d)(i), 58-11a-302(12)(d)(i), 58-11a- 302(15)(d)(i), 58-11a-302(18)(d)(i), or 58-11a-302(21)(d)(i), the curriculum for an approved instructor school shall consist of instructor training in the following subjects:

(1) motivation and the learning process;

(2) teacher preparation;

(3) teaching methods;

(4) classroom management;

(5) testing;

(6) instructional evaluation;

(7) laws, rules, and regulations; and

(8) Barber, Cosmetology/Barber, Esthetics (Master level), Electrology, Hair Designer, Nail Technology, and Eyebrow and Eyelash Technology Instructors Examination review.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-800 Approved Barber Apprenticeship Requirements

Under Subsection 58-11a-102(1), the requirements for an approved barber apprenticeship shall include the following:

(1)(a) under Subsection 58-11a-306(1)(b)(ii), an instructor shall provide one-on-one direct supervision of their apprentice during the apprenticeship program, but this does not preclude an instructor from having more than one apprentice; and

(b) if an instructor has more than one apprentice:

(i) the instructor may not simultaneously supervise the apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than one apprentice;

(2) the apprentice shall register with the Division by submitting a form prescribed by the Division;

(3) The instructor shall be approved by the Division for the apprenticeship, and the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) the instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be available to the Division immediately upon request;

(6) a complete set of barber texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 1,250 hours using the curriculum defined in Section R156-11a-700;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(10) an apprentice may not perform work on the public until the apprentice has received at least 10% of the hours of technical training, with at least a portion of that time devoted to each of the subjects in Section R156-11a-700;

(11) hours obtained while enrolled in a school of barbering, cosmetology/barbering, or hair design may not be used to satisfy the required 1,250 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Barber Theory Examination or NIC Barber Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-801 Approved Cosmetologist/Barber Apprenticeship Requirements

Under Subsection 58-11a-102(1), the requirements for an approved cosmetologist/barber apprenticeship include the following:

(1)(a) under Subsection 58-11a-306(2)(b)(ii), an instructor shall provide one-on-one direct supervision of their apprentice during the apprenticeship program, but this does not preclude an instructor from having more than one apprentice; and

(b) if an instructor has more than one apprentice:

(i) the instructor may not simultaneously supervise the apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than one apprentice;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) the instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be immediately available to the Division upon request;

(6) a complete set of cosmetology/barber texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 2,500 hours using the curriculum defined in Section R156-11a-705;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(11) any hours obtained while enrolled in a cosmetology/barber school may not be used to satisfy the required 2,500 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Barber/Cosmetology Theory Examination or NIC Barber/Cosmetology Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-802 Approved Basic Esthetician Apprenticeship Requirements

Under Subsection 58-11a-102(2), the requirements for an approved basic esthetician apprenticeship include the following:

(1)(a) under Subsection 58-11a-306(4)(b)(ii), an instructor shall provide one-on-one direct supervision of their apprentice during the apprenticeship, but this does not preclude an instructor from having more than one apprentice; and

(b) if an instructor has more than one apprentice:

(i) the instructor may not simultaneously supervise the apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than one apprentice;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) the instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be immediately available to the Division upon request;

(6) a complete set of esthetics texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 800 hours using the curriculum defined in Section R156-11a-702;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(10) an apprentice may not perform work on the public until the apprentice has received at least 10% of the hours required in technical training, with at least a portion of that time devoted to each of the subjects in Section R156-11a-702;

(11) any hours obtained while enrolled in a school of esthetics or cosmetology/barbering may not be used to satisfy the required 800 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Esthetics Theory Examination or NIC Esthetics Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-803 Approved Master Esthetician Apprenticeship Requirements

Under Subsection 58-11a-102(5), the requirements for an approved master esthetician apprenticeship include the following:

(1)(a) under Subsection 58-11a-306(5)(b)(ii), an instructor shall provide one-on-one direct supervision of their apprentice during the apprenticeship program, but this does not preclude an instructor from having more than one apprentice; and

(b) if an instructor has more than one apprentice:

(i) the instructor may not simultaneously supervise the apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than one apprentice;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) The instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be immediately available to the Division upon request;

(6) a complete set of esthetics texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 1,500 hours using the curriculum defined in Section R156-11a-703;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(10) an apprentice may not perform work on the public until the apprentice has received at least 10% of the required hours of technical training, with at least a portion of that time devoted to each of the subjects in Section R156-11a-703;

(11) any hours obtained while enrolled in a school of esthetics or cosmetology/barbering may not be used to satisfy the required 1,500 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Master Esthetics Theory Examination or NIC Master Esthetics Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-804 Approved Hair Designer Apprenticeship Requirements

Under Subsection 58-11a-102(4), the requirements for an approved hair designer apprenticeship include the following:

(1)(a) under Subsection 58-11a-306(3)(b)(ii), an instructor shall provide one-on-one direct supervision of their apprentice during the apprenticeship program, but this does not preclude an instructor from having more than one apprentice; and

(b) if an instructor has more than one apprentice:

(i) the instructor may not simultaneously supervise the apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than one apprentice;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) The instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be available to the Division immediately upon request;

(6) a complete set of hair designer texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 1,600 hours using the curriculum defined in Section R156-11a-706;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week, and not more than five days out of every seven consecutive days;

(11) any hours obtained while enrolled in a school of barbering, cosmetology/barbering, or hair design may not be used to satisfy the required 1,600 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Hair Designer Theory Examination or NIC Hair Designer Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-805 Approved Nail Technician Apprenticeship Requirements

Under Subsection 58-11a-102(6), the requirements for an approved nail technician apprenticeship include the following:

(1)(a) under Subsections 58-11a-306(6)(b)(ii) and (iii), an instructor shall provide one-on-one direct supervision of a single apprentice during the apprenticeship program or one-on-two direct supervision to two apprentices during the apprenticeship program, but this does not preclude an instructor from having more than two apprentices; and

(b) if an instructor has more than two apprentices:

(i) the instructor may not simultaneously supervise more than two apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than two apprentices;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) the instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be immediately available to the Division upon request;

(6) a complete set of nail technician texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 375 hours using the curriculum defined in Section R156-11a-704;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(11) any hours obtained while enrolled in a school of nail technology or cosmetology/barbering may not be used to satisfy the required 375 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Nail Technology Theory Examination or NIC Nail Technology Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-806 Approved Eyelash and Eyebrow Technician Apprenticeship Requirements

Under Subsection 58-11a-102(3), the requirements for an approved eyelash and eyebrow technician apprenticeship include the following:

(1)(a) under Subsections 58-11a-306(7)(b)(ii) and (iii), an instructor shall provide one-on-one direct supervision of a single apprentice during the apprenticeship program or one-on-two direct supervision of two apprentices during the apprenticeship program, but this does not preclude an instructor from having more than two apprentices; and

(b) if an instructor has more than two apprentices:

(i) the instructor may not simultaneously supervise more than two apprentices; and

(ii) the same hour or hours of instruction may not be credited toward more than two apprentices;

(2) the apprentice shall be registered with the Division by submitting a form prescribed by the Division;

(3) the instructor shall be approved by the Division for the apprenticeship, but the instructor may not have had any disciplinary action in the preceding three years;

(4) there shall be a conspicuous sign near the workstation of the apprentice stating, "Apprentice in Training";

(5)(a) the instructor and apprentice shall keep a daily record that documents the total number of hours of training, which shall include:

(i) the hours of theory instruction;

(ii) the hours of practical instruction; and

(iii) the number and type of client services performed, and other services performed; and

(b) the daily record shall be immediately available to the Division upon request;

(6) a complete set of eyelash and eyebrow technician texts shall be available to the apprentice;

(7) an apprentice may be compensated for services performed;

(8) the instructor shall provide training and technical instruction of 125 hours using the curriculum defined in Section R156-11a-707;

(9) the instructor shall limit the training of the apprentice to not more than 40 hours per week and not more than five days out of every seven consecutive days;

(11) any hours obtained while enrolled in a school of eyelash and eyebrow technology or cosmetology/barbering may not be used to satisfy the required 125 hours of apprentice training; and

(12) if an apprentice completes the apprenticeship and fails the NIC Eyelash and Eyebrow Technology Theory Examination or NIC Eyelash and Eyebrow Technology Practical Examination three times, the apprentice and instructor shall:

(a) meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination; and

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-810 Conflicts of Interest

An apprentice instructor may not be an employee of an apprentice or be involved in any relationship with an apprentice or others that would interfere with the instructor's ability to teach and train the apprentice.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-901 Standards for an On-the-Job Training Internship

Under Subsection 58-11a-304(8), a student enrolled in a licensed cosmetology/barber school may participate in an on- the-job training internship if the student meets the following requirements:

(1) the on-the-job training intern shall have completed at least 1,000 hours of the training contracted with a cosmetology/barber school, of which 400 hours shall be clinical hours;

(2) there shall be a conspicuous sign near the workstation of the on-the-job training intern stating, "Intern in Training";

(3) a licensed "on-site" cosmetology/barber shall supervise only one on-the-job training intern at a time;

(4) an on-the-job training intern, while working under the direct supervision of an "on-site" licensed cosmetologist/barber, may perform the following procedures:

(a) draping;

(b) shampooing;

(d) blow drying styling;

(e) applying color;

(f) removing color by rinsing and shampooing;

(g) removing permanent chemicals;

(h) removing permanent rods;

(i) removing rollers;

(j) applying temporary rinses, reconditioners, and rebuilders;

(k) acting as receptionists;

(l) doing retail sales;

(m) sanitizing the salon;

(o) doing inventory and ordering supplies; and

(p) handing equipment to the cosmetologist/barber supervisor;

(5) the "on-site" cosmetologist/barber supervisor shall have in the supervisor's possession a letter, which must be updated on a quarterly basis, from the school where the on-the-job training intern is enrolled stating that the on-the-job training intern is currently in good standing at the school and is complying with school requirements; and

(6) hours of training spent while performing on-the-job training as an intern may not apply toward credits required for graduation.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-11a-902 Standards for On-the-Job Instructor Training

(1) Under Subsection 58-11a-302(2)(d)(ii), 58-11a-302(5)(d)(ii), 58-11a-302(8)(d)(ii), 58-11a-302(12)(d)(ii), 58-11a- 302(15)(d)(ii), 58-11a-302(18)(d)(ii), or 58-11a-302(21)(d)(ii), an individual employed by a licensed school of barbering, cosmetology/barbering, electrology, esthetics, hair design, nail technology, or eyelash and eyebrow technology may obtain on-the- job training to become a licensed instructor if they meet the requirements of this section.

(2) The on-the-job instructor training shall be under the supervision of an instructor licensed as an instructor in the same category as the trainee, except that an instructor providing on-the-job instructor training supervision for basic esthetics instruction shall be licensed as a master esthetician.

(3) The instructor trainee shall have an active license in the same category for which the instructor trainee is seeking licensure to instruct, except an instructor trainee receiving on-the-job training to instruct basic esthetics shall be licensed as a master esthetician.

(4) The on-the-job instructor training shall include the following categories:

(a) motivation and the learning process;

(b) teacher preparation;

(d) classroom management;

(e) testing;

(f) instructional evaluation;

(g) laws, rules, and regulations; and

(h) Barber, Cosmetology/Barber, Esthetics (Master level), Electrology, Hair Design, Nail Technology, and Eyelash and Eyebrow Technology Instructors Examination review.

(5) The instructor trainee may not count toward the instructor-to-student ratio.

(6) The on-the-job instructor training shall be completed within one year, unless the instructor trainee provides documentation of extenuating circumstances justifying an extension.

History

KEY: barber, cosmetologist, cosmetologist/barber, esthetician, electrologist, hair designer, nail technician, eyelash and eyebrow technician
Date of Last Change: March 24, 2025
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-15 Health Facility Administrator Act Rule

Utah Admin. Code R156-15-101 Title

This rule is known as the "Health Facility Administrator Act Rule".

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 15, as used in this rule:

(1) "Administrator in training (AIT)" means an individual who is participating in a preceptorship with a licensed health facility administrator.

(2) "Board" means the Health Care Administrators Board.

(3) "Distance learning" means acquiring continuing professional education (CPE) as referenced in Section R156-15-309 using technologies and other forms of learning, including internet, audio/visual recordings, mail, or other correspondence.

(4) "General administration" as used in the definition of "administrator", Subsection 58-15-2(1), means that the administrator is responsible for operation of the health facility in accordance with all applicable laws regardless of whether the administrator is present full or part time in the facility or whether the administrator maintains an office inside or outside of the facility, but may not exceed responsibility for more than the number of licensed facilities in accordance with Utah Administrative Code R432-150 or R432-200.

(5) "General supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

(6) "NAB" means the National Association of Long Term Care Administrators Boards.

(7) "Nursing home administrator" means a health facility administrator.

(8) "Preceptor" means a licensed health facility administrator meeting the qualifications of Subsection R156-15-307(2), who is responsible for the supervision and training of an AIT.

(9) "Preceptorship" means a formal training program for an administrator in training (AIT), that is:

(a) conducted in a licensed health facility;

(b) under the supervision of an approved licensed health facility administrator; and

(10) "Qualifying experience" means at least 8,000 hours of employment in a licensed health facility including hours in a supervisory role as referenced in Section R156-15-302c.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 15.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-302a Qualifications for Licensure - Application Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the application requirements for licensure in Section 58-15- 4 are defined, clarified, or established as follows:

(1)(a) complete an approved AIT preceptorship consisting of a minimum of 1,000 hours; or

(b) hold a NAB Health Services Executive (HSE) credential; and

(2) meet:

(a) the education requirement in Section R156-15-302b; or

(b) the experience requirement in Section R156-15-302c.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-302b Qualifications for Licensure - Education Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the education requirement for licensure in Subsection 58-15- 4(2) is defined, clarified, or established as follows:

(1) The applicant shall graduate from an accredited university or college with a minimum of a baccalaureate degree.

(2) Up to 500 hours spent in an internship, practicum, or outside study program associated with a bachelor's degree in health facility administration or health care administration may be included as part of an approved AIT preceptorship as outlined in Section R156-15-307.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-302c Qualifications for Licensure - Experience Requirements

In accordance with Subsection 58-1-203(1)(b) and 58-1-301(3), the experience requirement for licensure in Subsection 58- 15-4(2) is defined, clarified, or established as follows:

(1) The applicant shall complete at least 8,000 hours of qualifying experience approved by the Division in collaboration with the Board.

(2) At least 4,000 hours of the qualifying experience shall be in a supervisory role.

(3) Subsection (1) may include up to 500 hours of an approved AIT preceptorship as outlined in Section R156-15-307, and if in a supervisory role may be included as part of Subsection (2).

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-302d Qualifications for Licensure - Examination Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the examination requirement for licensure in Subsection 58- 15-4(4) is defined, clarified, or established as follows:

(1) An applicant for licensure as a health facility administrator shall pass NAB's two-part component examination for nursing home administrators:

(a) the National Core of Knowledge Examination for Long Term Care Administrators (CORE); and

(b) the National Nursing Home Administrator Line of Service Examination Program (NHA).

(2) The passing score for each NAB exam component shall be a minimum scaled score of 113.

(3) An applicant may take both NAB exam components at once, or take each component individually.

(4) An applicant who fails a NAB exam component shall retake that component in accordance with NAB policies and procedures.

(5) An applicant who took the NAB exam prior to July 5, 2017, shall have passed the NAB National Nursing Home Administrator Licensing Examination (NHA) with a minimum scaled score of 113.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-303 Expiration, Renewal, and Reinstatement of License

In accordance with Section 58-1-308:

(1) The renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 15 is established by rule in Section R156-1-308a(1).

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308a through R156-1-308l, except as provided in Subsection (3).

(3) If an application for reinstatement of licensure is received by the Division between two years and five years after the date the license expired, and the license was active and in good standing at the time of expiration, the applicant shall:

(a) submit a completed renewal form as furnished by the Division demonstrating compliance with all requirements and conditions of license renewal;

(b) pay the established license renewal fee and reinstatement fee for the current renewal period;

(c) submit evidence of completion of continuing professional education (CPE) for each preceding renewal period in which the license was expired; and

(d) provide information requested by the Division and Board to clearly demonstrate the applicant is currently competent to engage in the profession.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-307 AIT Preceptorship

(1) A preceptor shall be allowed to supervise no more than two AIT preceptees at a time.

(2) In order to be approved as a preceptor, the health facility administrator shall:

(a) have been licensed for three years;

(b) be currently licensed and in good standing in Utah; and

(c)(i) be currently working in a licensed health facility; or

(ii) be currently working in an executive position related to a licensed health facility.

(3) The AIT preceptee shall at all times be under the general supervision of the preceptor.

(4) The AIT preceptee may work in the facility either full or part time while completing the preceptorship requirements. Credit received for an AIT preceptorship training shall be earned only for duties related to AIT preceptorship training as set forth under Subsection (5).

(5) An approved AIT preceptorship shall include the following:

(a) Patient care including:

(i) health maintenance;

(ii) social and psychological needs;

(iii) food service program;

(iv) medical care;

(v) recreational and therapeutic recreational activities;

(vi) medical records;

(vii) pharmaceutical program; and

(viii) rehabilitation program;

(b) Personnel management including:

(i) grievance procedures;

(ii) performance evaluation system;

(iii) job descriptions/performance standards;

(iv) interview and hiring procedures;

(v) training program;

(vi) personnel policies and procedures; and

(vii) employee health and safety program;

(i) developing a budget;

(ii) financial planning

(iii) cash management system; and

(iv) establishing accurate financial records;

(d) Marketing and public relations including

(i) planning and implementing a public relations program; and

(ii) planning and implementing an effective marketing program;

(e) Physical resource management including:

(i) ground and codes, building maintenance;

(ii) sanitation and housekeeping procedures;

(iii) compliance with fire and life safety codes;

(iv) security; and

(v) fire and disaster plan;

(f) Laws and regulatory codes including:

(i) knowledge of Medicaid and Medicare;

(ii) labor laws;

(iii) knowledge of building, fire and life safety codes;

(iv) OSHA/UOSHA;

(v) Bureau of Health Facility Licensure Law and Rule;

(vi) licensing and certification/professional licensing boards;

(vii) Health Facility Administrator Law and Rule;

(viii) tax laws; and

(ix) establishing or working with a governing board.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-308 License By Endorsement

In accordance with Section 58-1-302 and Subsection 58-15-4(6), the Division may grant a license by endorsement to an applicant who:

(1) is currently a licensed health facility administrator in good standing in another state; and

(2) meets the examination requirement in Section R156-15-302d; and

(3) meets one or more of the following equivalent education or experience requirements:

(a) has been employed as a health facility administrator in another state for three years;

(b) has been employed as a health facility administrator at the same facility in another state for two consecutive years; or

(c) holds a Health Services Executive (HSE) qualification from the National Association of Long Term Care Administrator Boards (NAB).

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

Utah Admin. Code R156-15-309 Continuing Education

In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), the following continuing professional education requirements ("CPE") are established as a condition for renewal or reinstatement of licenses under Title 58, Chapter 15:

(1) During each two-year period commencing on June 1 of each odd-numbered year, a licensee shall complete at least 40 hours of CPE directly related to the licensee's professional practice.

(2) If a licensee first becomes licensed during the two-year renewal period, the licensee's required number of CPE hours shall be decreased proportionately according to the date of licensure.

(3) All CPE shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a health facility administrator;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have a competent method of registration of individuals who actually completed the professional education program, with records of that registration and completion available for review.

(4) The following may qualify as CPE:

(a) education obtained from an accredited university or college in pursuit of an advanced degree;

(b) lecturing or instructing a CPE course or teaching in a college or university in the licensee's profession;

(d) real-time, interactive distance learning courses that are clearly documented as real-time and interactive;

(e) distance learning courses that are not real-time and interactive, up to a maximum of 20 CPE hours;

(f) volunteer service on boards, committees, or in leadership roles in any state, national, or international organization for the development and improvement of the licensee's profession, up to a maximum of 10 CPE hours.

(5) A licensee shall maintain adequate documentation as proof of the licensee's compliance with this section, for a period of four years after the end of the renewal cycle for which the CPE is due.

(6) The Division may defer or waive CPE requirements in accordance with Section R156-1-308d, for a period of up to three years.

History

KEY: licensing, health facility administrators
Date of Last Change: December 10, 2018
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-15-3(3)

R156-15A State Construction Code Administration and Adoption of Approved State Construction Code Rule

Utah Admin. Code R156-15A-101 Title

This rule is known as the "State Construction Code Administration and Adoption of Approved State Construction Code Rule."

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-102 Definitions

The following definitions supplement the definitions in Title 15A, State Construction and Fire Codes Act:

(1) "Building permit" means, for determining the building permit surcharge under Subsection 15A-1-209(5)(a), a warrant, license, or authorization to build or construct a building or structure or any part thereof.

(2) "Building permit fee" means, for determining the building permit surcharge under Subsection 15A-1-209(5)(a), fees assessed by a state agency or state political subdivision for the issuance of permits for construction, alteration, remodeling, repair, and installation, including building, electrical, mechanical, and plumbing components.

(3) "Permit number" as used in Section 15A-1-209, means the standardized building permit number under Section R156-15A-220.

(4) "Refuses to establish a method of appeal" under Subsection 15A-1-207(3)(b) means that the compliance agency:

(a) has not adopted a formal written method of appealing uniform building standard matters in accordance with generally recognized standards of due process; or

(b) does not convene an appeals board and makes a decision within 90 days from the date the appeal is properly filed with the compliance agency.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-103 Authority

This rule is adopted by the Division under the authority of Subsection 15A-1-204(6), Section 15A-1-205 and Subsection 58-1-106(1)(a) to enable the Division to administer Title 15A, State Construction Code Administration and Adoption of Approved State Construction Code Rule.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-201 Advisory Peer Committees Created - Membership - Duties

(1) There is created under Subsections 58-1-203(1)(f) and 15A-1-203(10)(c), the following advisory peer committees to the Uniform Building Codes Commission:

(a) the Education Advisory Committee consisting of ten members, which shall include:

(i) a factory built housing representative;

(ii) a design professional;

(iii) a general contractor;

(iv) an electrical contractor;

(v) a mechanical or plumbing contractor;

(vi) an educator; and

(vii) four inspectors, one from each of the specialties of plumbing, electrical, mechanical, and general building;

(b) the Plumbing and Health Advisory Committee consisting of nine members;

(d) the Architectural Advisory Committee consisting of seven members;

(e) the Fire Protection Advisory Committee consisting of five members, which shall join with the Fire Advisory and Code Analysis Committee of the Utah Fire Prevention Board to form the Unified Code Analysis Council;

(f) the Mechanical Advisory Committee consisting of seven members; and

(g) the Electrical Advisory Committee consisting of seven members.

(2) Each committee member shall have direct knowledge or involvement in the area of code described in the title of that committee.

(3) The duties and responsibilities of the committees shall include:

(a) reviewing codes proposed for adoption or approval as assigned by the Division in collaboration with the Commission;

(b) reviewing requests for amendments to the adopted codes or approved codes as assigned to each committee by the Division with the collaboration of the Commission; and

(4) The duties and responsibilities of the Education Advisory Committee shall include:

(a) reviewing and making recommendations regarding funding requests that are submitted; and

(b) reviewing and making recommendations regarding budget, revenue, and expenses of the education funds under Subsections 15A-1-209(5)(c)(i) and (ii).

(5)(a) The duties and responsibilities of the Unified Code Analysis Council shall include:

(i) meeting as directed by the Utah Fire Prevention Board or the Uniform Building Code Commission; and

(ii) meeting as needed to review fire prevention and building code issues that require definitive and specific analysis.

(b)(i) At its meeting in the last quarter of the calendar year, the Unified Code Analysis Council shall elect one member as chair and another member as vice chair, to serve for one-year terms on a calendar year basis.

(ii) The chair or vice chair shall report to the Utah Fire Prevention Board or the Commission the Unified Code Analysis Council's recommendations on fire and building codes.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-202 Code Amendment Process

Under Section 15A-1-206, the procedures under which requests for amendments to codes shall be filed with the Division and recommended or declined for adoption are as follows:

(1) A request to amend adopted codes or approved codes shall be submitted to the Division on forms provided by the Division.

(2) The processing of requests for code amendments shall be in accordance with Division policies and procedures.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-210 Compliance with Codes - Appeals

If the Commission is required to act as an appeals board under Subsection 15A-1-207(3)(b), the following shall regulate the convening and conduct of the appeals board:

(1)(a) The appellant may petition the Commission to act as the appeals board by filing a request for agency action as a formal adjudicative proceeding under Subsection 63G-4-201(3)(a) and Sections R151-4-202 and R151-4-203. A request by other means shall not be considered and shall be returned to the appellant with appropriate instructions.

(b) The appellant shall attach to the request:

(i) a copy of the final written decision of the compliance agency interpreting or applying the code that is the subject of the dispute; or

(ii) if the appellant has requested but has not received a timely final written decision, an affidavit to this effect.

(c) The request shall be filed with the Division no later than 30 days following the issuance of the compliance agency's disputed written decision.

(2) The compliance agency shall file a written response to the request within 20 days after the filing of the request. The request and response shall be provided to the Commission in advance of any hearing to properly frame the disputed issues.

(3) Except for the time period in Subsection (7), the time periods in this section may, upon a showing of good cause, be modified by the presiding officer.

(4) The Commission shall convene as an appeals board within 45 days after a request is properly filed.

(5) Upon the convening of the Commission as an appeals board, the board members shall determine if a member of the board has a conflict of interest that would preclude the member from fairly hearing and deciding the appeal. If the board determines that a conflict does exist, the member may attend the proceeding but may not participate in the proceeding.

(6) The hearing shall be a formal hearing held in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(7) Decisions relating to the application and interpretation of the code by a compliance agency board of appeals:

(a) shall be binding only for the specific individual case; and

(b) do not require Commission approval.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-220 Standardized Building Permit Number

Under Section 15A-1-209, each compliance agency issuing a permit for construction in Utah shall use the standardized building permit numbering system in a form adopted by rule. There are no additional requirements to those specified in Section 15A-1-209.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-230 Building Code Training Fund Fees and Factory Built Housing Fees

(1) Under Subsection 15A-1-209(5)(a), on April 30, July 31, October 31, and January 31 of each year, each state agency and each state political subdivision that assesses a building permit fee shall:

(a) file with the Division a report of building fees and surcharge for the immediately preceding calendar quarter; and

(b) remit 85% of the amount of the surcharge collected to the Division.

(2) Under Subsection 15A-1-209(5)(c), the Division shall allocate and deposit the monies received under Subsection 15A-1-209(5)(a)(ii) into the following funding accounts:

(a) 30% to the Division's Building Code Inspector Training Fund, to be held, administered, and distributed pursuant to Section R156-15A-231 to provide education regarding codes and code amendments to building inspectors;

(b) 10% to the Division's Building Code Construction-Related Training Fund, to be held, administered, and distributed pursuant to Section R156-15A-231 to provide education regarding codes and code amendments to individuals licensed in construction trades or related professions; and

(3) Under Subsection 58-56-17.5(2)(c), the Division shall hold, administer, and distribute a portion of the monies in the Factory Built Housing Fees Account pursuant to Section R156-15A-231 to provide education for factory built housing.

(4) A Department of Commerce employee may not participate in the administration, selection, or payment of grants to an organization under Section R156-15A-231 or R156-15A-232 if the employee:

(a) is in a leadership position with the entity, including membership on a board of directors or the equivalent;

(b) is an employee of the entity or has received payment of any kind from the entity in the last five years; or

(c) has any other relationships with the entity or individuals affiliated with the entity that could lead to a reasonable question about the employee's impartiality.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-231 Administration of Building Code Inspector Training Fund, Building Code Construction-Related Training Fund, and Factory Built Housing Fees Account

Under Subsections 15A-1-209(5)(c) and 58-56-17.5(2)(c), and Section R156-15A-230, the following procedures, standards, and policies are established for the administration of the Building Code Inspector Training Fund, the Building Code Construction-Related Training Fund, and the Factory Built Housing Fees Account:

(1) The Division may not approve or deny education grant requests from a separate fund or account until the Education Advisory Committee has considered and made its recommendations on the requests.

(2) Appropriate funding expenditure categories include:

(a) for the Building Code Inspector Training Fund or the Factory Built Housing Fees Account, grants in the form of reimbursement funding to the following organizations that administer code-related training or factory built housing educational events, seminars, or classes:

(i) schools, colleges, universities, departments of universities, or other institutions of learning;

(ii) construction trade associations;

(iii) professional associations or organizations; and

(iv) governmental agencies;

(b) for the Building Code Construction-Related Training Fund, grants in the form of reimbursement funding to the following organizations that administer code-related training events, seminars, or classes:

(i) construction trade associations; or

(ii) professional associations;

(d) expenses incurred for the salary, benefits, or other compensation and related expenses resulting from the employment of a Board Secretary;

(e) office equipment and associated administrative expenses required for the performance of the duties of the Board Secretary, including computer equipment, telecommunication equipment and costs and general office supplies; and

(f) other related expenses as determined by the Division.

(g) Gift cards, door prizes, and the cost of food and food services provided to training participants are not appropriate funding expenditure categories, and may not be paid or reimbursed from any fund.

(3) The following procedure shall be used for submission, review, and payment of funding grants:

(a)(i) A funding grant applicant shall submit a completed application on Division forms;

(A) at least 15 days before the meeting at which the request is to be considered; and

(B) before the training event.

(ii) An application that does not comply with Subsection (3)(a) may be denied.

(b) Payment of approved funding grants shall be made as reimbursement after:

(i) the approved event, class, or seminar has been held; and

(ii) the required receipts, invoices, and supporting documentation, including proof of payment if requested by the Division or Committee, have been submitted to the Division.

(c) Approved funding grants shall be reimbursed only for eligible expenditures that have been executed in good faith with the intent to ensure the best reasonable value.

(d)(i)(A) A Request for Reimbursement of an approved funding grant shall be submitted to the Division within 60 days following the approved event, class, or seminar, unless an extenuating circumstance occurs.

(B) Written notice shall be given to the Division of an extenuating circumstance.

(ii) Failure to submit a Request for Reimbursement within 60 days shall result in non-payment of approved funds, unless an extenuating circumstance has been reviewed and accepted by the Division.

(4) The Committee shall consider the following in determining whether to recommend to the Division approval of a proposed funding request:

(a) the fund balance available;

(b) if the proposed request meets the overall training objectives of the fund, including the need for training:

(i) on the subject matter;

(ii) in the geographical area where the training is offered; and

(iii) on new codes being considered for adoption;

(c) if the grant applicant agrees to charge a cost for the training event, class, or seminar that is uniform across categories of attendees;

(d) the earlier record of the program sponsor in providing codes training, including if:

(i) the subject matter taught was appropriate;

(ii) the instructor was appropriately qualified and prepared; and

(iii) the program sponsor followed appropriate and adequate procedures and requirements in providing the training and submitting requests for funding;

(e) costs of the facility, including:

(i) the location of a facility or venue, or the type of event, seminar, or class;

(ii) the suitability of the facility or venue for the anticipated attendance, or in connection with additional non-funded portions of an event or conference;

(iii) the duration of the proposed event, seminar, or class; and

(iv) if the proposed cost of the facility is reasonable compared to the cost of alternative available facilities;

(f) the estimated cost for instructor fees, including:

(i) a reimbursement rate for instruction activities not to exceed $200 per instruction hour without further review and approval by the Committee, and with preparation time, event coordination, course development costs, staff time, and travel time not separately reimbursable;

(ii) the experience or expertise of the instructor in the proposed training area;

(iii) the quality of training based upon events, seminars or classes that have been previously taught by the instructor;

(iv) the drawing power of the instructor, meaning the ability to increase the attendance at the proposed educational event, seminar, or class;

(v) travel expenses; and

(vi) if the proposed cost for the instructor or instructors is reasonable compared to the costs of similar events, seminars, or classes;

(g) the estimated cost of advertising materials, brochures, registration, and agenda materials, including:

(i) printing costs that may include creative or design expenses;

(ii) whether printed materials comply with Subsection (4)(b); and

(iii) delivery or mailing costs;

(h) other reasonable and comparable cost alternatives for each proposed expense item;

(i) other information the Committee reasonably believes may assist in evaluating a proposed expenditure; and

(j) a total reimbursement rate of the lesser of $10 per student hour or the cost of the approved actual expenditures.

(5) The Division, after consideration and recommendation of the Committee based upon the criteria in Subsection (4), may reimburse the following reasonable costs in addition to the lesser of $10 per student hour or the cost of the approved actual expenditures:

(a) text books, code books, or code update books;

(b) cost of one Division licensee mailing list per provider per two-year renewal period;

(c) cost incurred to upload continuing education hours into the Division's online registry for contractors, plumbers, electricians, or elevator mechanics; and

(d) cost of advertising materials, brochures, registration and agency materials, including:

(i) printing costs, which may include creative or design expenses; and

(ii) delivery or mailing costs.

(6) Joint function.

(a) "Joint function" means a proposed event, class, seminar, or program that provides code or code-related training or factory built housing education, and education or activities in other areas.

(b) Only the prorated portions of a joint function that apply to the purposes of a separate fund are eligible for a funding grant from that fund.

(i) the expenses subject to funding are reasonably prorated for the costs directly related to the purposes of the separate fund; and

(ii) the education being proposed will be reasonable and successful in the training objective in the context of the entire program or event.

(7) Advertising materials, brochures, and agenda or training materials for a Building Code Training funded event, seminar, or class shall include a statement that acknowledges that partial funding of the program has been provided by the Utah Division of Professional Licensing from the 1% surcharge funds on building permits.

(8) Advertising materials, brochures, and agenda or training materials for a Factory Built Housing Fees Account funded educational event, seminar, or class shall include a statement that acknowledges that partial funding of the training program has been provided by the Utah Division of Professional Licensing from surcharge fees on factory built housing sales.

(9) If an approved event or joint event is not held, no amount is reimbursable except for the costs described in Subsection (5)(d).

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

Utah Admin. Code R156-15A-401 Adoption - Approved Codes

Under Subsection 15A-1-204(6)(a), and subject to the limitations of Subsection 15A-1-204(6)(b), the following codes or standards are incorporated by reference and approved for use and adoption by a compliance agency as the construction standards that may be applied to existing buildings in the regulation of building alteration, remodeling, repair, removal, seismic evaluation, and rehabilitation in the state:

(1) the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) promulgated by the International Code Council;

(2) ASCE 31-03, Seismic Evaluation of Existing Buildings, promulgated by the American Society of Civil Engineers; and

(3) ASCE/SEI 41-06, the Seismic Rehabilitation of Existing Buildings, promulgated by the American Society of Civil Engineers, 2007 edition.

History

KEY: contractors, building codes, building inspections, licensing
Date of Last Change: November 7, 2024
Notice of Continuation: April 13, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205

R156-16a Utah Optometry Practice Act Rule

Utah Admin. Code R156-16a-101 Title -- Authority - Relationship to Rule R156-1

(1) This rule is known as the "Utah Optometry Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 16a, Utah Optometry Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: optometrists, licensing
Date of Last Change: July 22, 2026
Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-16a-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act and Title 58, Chapter 16a, Utah Optometry Practice Act. In addition:

(1) "Practitioner" means an individual licensed in Utah as a physician and surgeon, osteopathic physician and surgeon, physician assistant, nurse practitioner, or optometric physician.

(2) "Verbal order" as used in Subsection 58-16a-102(3)(a) means that the attending optometrist ordered the contact lens prescription by telephone, or that an individual acting under the supervision and direction of the attending optometrist ordered the contact lens prescription by telephone.

History

KEY: optometrists, licensing
Date of Last Change: July 22, 2026
Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-16a-302 Qualifications for Licensure - Education and Examination Requirements

(1) Under Subsection 58-16a-302(3)(b), the course of study satisfactory to the Division and the Board shall consist of 100 clock hours of General and Ocular Pharmacology in a recognized accredited optometry school.

(2) Under Subsection 58-16a-302(4), an applicant for licensure as an optometrist shall pass the following exams:

(a) the National Board of Examiners in Optometry examinations, including the following sections:

(i) Part I Applied Basic Science (ABS);

(ii) Part II Patient Assessment and Management (PAM); and

(iii) Part III Patient Encounters and Performance Skills (PEPS).

History

KEY: optometrists, licensing
Date of Last Change: July 22, 2026
Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-16a-304 Continuing Education

(1) Under Section 58-16a-304, the standards for the 30 hours of qualified continuing professional education required during each two-year licensure cycle are established in this section.

(2) Except as provided in Subsection R156-16a-304(3), continuing professional education shall consist of:

(a) courses approved by:

(i) the Council on Professional Education (COPE);

(ii) the American Optometry Association (AOA); or

(iii) the Optometry Licensing Board; or

(b) optometry-related courses approved by the Council on Medical Education.

(3) In addition to completing approved courses, a licensee may obtain continuing professional education hours as follows:

(a) up to two hours through courses in certification or recertification in cardiopulmonary resuscitation (CPR) or Basic Life Support (BCLS);

(b) up to two hours through Division training regarding use of the Utah Controlled Substance Database; or

(c) up to 15% of the 30-hour requirement by providing volunteer health care services under Section 58-13-3, with one hour of credit for every four documented hours of volunteer services.

(4) A licensee may not carry over hours exceeding the 30-hour requirement from one licensure cycle to another licensure cycle.

(5) If a licensee first becomes licensed during the two-year licensure cycle, the licensee's required number of hours shall be decreased proportionately according to the date of licensure.

(6) The Division may defer or waive continuing professional education requirements for a licensee in accordance with Section R156-1-308d.

(7) A licensee who is a controlled substance prescriber shall obtain their controlled substance prescribing continuing education hours in accordance with Sections 58-37-303 and R156-37-402.

(8) A licensee shall maintain documentation sufficient to prove compliance with this section for two years after the end of the licensure cycle for which the continuing professional education is due.

History

KEY: optometrists, licensing
Date of Last Change: July 22, 2026
Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-16a-502 Unprofessional Conduct

Under Subsection 58-1-203(5), "unprofessional conduct" includes, in addition to the definitions in Title 58, Chapter 1, Division of Professional Licensing Act and Title 58, Chapter 16a, Utah Optometry Practice Act, engaging in optometry beyond the scope of practice defined in Section 58-16a-307 or Section 58-16a-601.

History

KEY: optometrists, licensing
Date of Last Change: July 22, 2026
Notice of Continuation: January 25, 2022
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-17b Pharmacy Practice Act Rule

Utah Admin. Code R156-17b-101 Title - Authority - Organization and Relationship to Rule R156-1

(1) This rule is known as the "Pharmacy Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 17b, Pharmacy Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 17b, Pharmacy Practice Act. In addition:

(1) "Accredited by" means that, on the day the applicant for licensure completed the program, the program was:

(a) accredited; or

(b) in candidate status.

(2) "ACPE" means the American Council on Pharmaceutical Education or Accreditation Council for Pharmacy Education.

(3) "Analytical laboratory":

(a) means a facility in possession of prescription drugs for analysis; and

(b) does not include a laboratory possessing prescription drugs used as standards and controls in performing drug monitoring or drug screening analysis, if the prescription drugs are pre-diluted in a human or animal body fluid, human or animal body fluid components, organic solvents, or inorganic buffers at a concentration not exceeding one milligram per milliliter when labeled or otherwise designated as being for in-vitro diagnostic use.

(4) "Area of need" as used in Subsection 58-17b-612(1)(b)(i) means:

(a) a remote-rural hospital, as defined in Section 26B-2-213;

(b) a county of the fourth, fifth, or sixth class, as classified in Section 17-50-501; or

(c) any area where a demonstration of need is approved by the Division in collaboration with the Board, based on any factors affecting the access of persons in that area to pharmacy resources.

(5) "ASHP" means the American Society of Health System Pharmacists.

(6) "Authorized distributor of record" means a pharmaceutical wholesaler with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drugs. An ongoing relationship is deemed to exist if:

(a) the manufacturer and pharmaceutical wholesaler are part of an affiliated group, as defined by Section 1504 of the Internal Revenue Code; or

(b) the pharmaceutical wholesaler has a written agreement currently in effect with the manufacturer evidencing the ongoing relationship and is listed on the manufacturer's current list of authorized distributors of record.

(7) "Authorized personnel" means any person who is a part of the pharmacy staff who participates in the pharmacy's operational processes and contributes to the natural flow of pharmaceutical care.

(8) "Chain pharmacy warehouse" means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of the prescription drugs to a group of chain pharmacies with the same common ownership and control.

(9) "Clinic" as used in Subsection 58-17b-625(3)(b) means a Class B pharmacy as defined in Subsection 58-17b- 102(11), or a facility that provides outpatient health care services whose primary practice includes the therapeutic use of drugs related to a specific patient for:

(a) curing or preventing the patient's disease;

(b) eliminating or reducing the patient's disease; or

(10) "Co-licensed partner" means a person that has the right to engage in the manufacturing or marketing of a co- licensed product.

(11) "Co-licensed product" means a device or prescription drug for which two or more persons have the right to engage in the manufacturing, marketing, or both consistent with 21 CFR 203 (2021).

(12) "Community pharmacy" as used in Subsection 58-17b-625(3)(b) means a Class A pharmacy as defined in Subsection 58-17b-102(10).

(13) "Compounding," as defined in Subsection 58-17b-102(18), in accordance with 21 U.S.C. 353a(e) Pharmacy Compounding, does not include:

(a) mixing, reconstituting, or other such acts that are performed in accordance with directions in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with that labeling; or

(b) the addition of flavoring agents to conventionally manufactured and commercially prepared available liquid medications, if the flavoring agents:

(i) are therapeutically inert; and

(ii) do not exceed 5% of a preparation's total volume.

(14) "Consulting pharmacist" means a licensed pharmacist who provides consultation on an aspect of a pharmaceutical administration facility under Section R156-17b-614c.

(15) "Counterfeit prescription drug" has the meaning given to the term "counterfeit drug" in 21 USC 321(g)(2) as applied to prescription drugs.

(16) "Counterfeiting" means engaging in activities that create a counterfeit prescription drug.

(17) "Dispense," as defined in Subsection 58-17b-102(22), does not include transferring medications for a patient from a legally dispensed prescription for that particular patient into a daily or weekly drug container to facilitate the patient taking the correct medication.

(18) "Designated representative" or "DR" means an individual supervising the licensed facility in accordance with Subsections R156-17b-615(4) and (5).

(19) "Device" means a prescription device as defined in 21 CFR 801.109 (2021).

(20) "DMP" means a dispensing medical practitioner licensed under Title 58, Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy.

(21) "DMP designee" means an individual, acting under the direction of a DMP, who:

(a)(i) holds an active health care professional license under one of the following Title 58 chapters:

(A) Chapter 67, Utah Medical Practice Act;

(B) Chapter 68, Utah Osteopathic Medical Practice Act;

(D) Chapter 31b, Nurse Practice Act;

(E) Chapter 16a, Utah Optometry Practice Act;

(F) Chapter 44a, Nurse Midwife Practice Act; or

(G) Chapter 17b, Pharmacy Practice Act; or

(ii) is a medical assistant as defined in Subsection 58-67-102(14);

(b) meets requirements in Subsection 58-17b-803(4)(c); and

(c) can document successful completion of a formal or on-the-job dispensing training program under Section R156- 17b-622.

(22) "DMPIC" means a dispensing-medical-practitioner-in-charge licensed under Title 58, Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy who is designated by a dispensing medical practitioner clinic pharmacy to be responsible for activities of the pharmacy.

(23) "DSCSA" means Title II of the Drug Quality and Security Act of 2013, the Drug Supply Chain Security Act, 113 Pub. L. No. 54, 127 Stat. 587 (2013), and any regulations promulgated pursuant to the DSCSA.

(24) "Drug therapy management" means the review of a drug therapy regimen of a patient by one or more pharmacists evaluating and rendering advice to one or more practitioners regarding adjustment of the regimen.

(25) "Drugs," as used in this rule, means drugs or devices.

(26) "Durable medical equipment" or "DME" means equipment that:

(a) can withstand repeated use;

(b) is primarily and customarily used to serve a medical purpose;

(d) is suitable for use in a health care facility or in the home; and

(e) may include devices and medical supplies.

(27) "Entities under common administrative control" means an entity holds the power, actual as well as legal, to influence the management, direction, or functioning of a business or organization.

(28) "Entities under common ownership" means entity assets are held indivisibly rather than in the names of individual members.

(29) "ExCPT" means the Exam for the Certification of Pharmacy Technicians.

(30) "FDA" means the United States Food and Drug Administration and any successor agency.

(31) "FDA-Approved" means that the federal Food, Drug, and Cosmetic Act, 21 USC 301 et seq. and regulations promulgated thereunder permit the subject drug or device to be lawfully manufactured, marketed, distributed, and sold.

(32) "High-risk, medium-risk, and low-risk drugs" refers to the risk level to a patient's health from compounding sterile preparations, as referred to in USP-NF Chapter 797.

(33) "Hospice facility pharmacy" means a pharmacy that supplies drugs to patients in a licensed healthcare facility for terminal patients.

(34) "Hospital clinic pharmacy" means a pharmacy that is located in an outpatient treatment area where a pharmacist or pharmacy intern is compounding, admixing, or dispensing prescription drugs, and where:

(a) prescription drugs or devices are under the control of the pharmacist, or the facility for administration to patients of that facility;

(b) prescription drugs or devices are dispensed by the pharmacist or pharmacy intern; or

(c) prescription drugs are administered in accordance with the order of a practitioner by an employee or agent of the facility.

(35) "Legend drug" or "prescription drug" means a drug or device that has been determined to be unsafe for self- medication or one that bears or is required to bear the legend:

(a) "Caution: federal law prohibits dispensing without prescription";

(b) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian"; or

(36) "Long-term care facility" as used in Section 58-17b-610.7 means the same as defined in Section 58-31b-102.

(37) "Managerial control" means the ability, regardless of title, to directly manage the finances, strategic initiatives, and personnel of a pharmacy or pharmaceutical facility, including:

(a) taking on debt obligations;

(b) distributing profits;

(d) hiring, firing, or promoting any personnel, including the PIC; or

(e) changing the location or name of the pharmacy or pharmaceutical facility.

(38) "Maintenance medications" means medications that a patient takes on an ongoing basis.

(39) "Medical supplies" means items for medical use that are:

(a) suitable for use in a health care facility or in the home; and

(b) disposable or semi-disposable and non-reusable.

(40) "MPJE" means the Multistate Jurisprudence Examination.

(41) "NABP" means the National Association of Boards of Pharmacy.

(42) "NAPLEX" means North American Pharmacy Licensing Examination.

(43) "Non-drug or device handling central prescription processing pharmacy" means a central prescription processing pharmacy that does not engage in compounding, packaging, labeling, dispensing, or administering of drugs or devices.

(44) "Normal distribution channel" means a chain of custody for a prescription drug sent:

(a)(i) directly from the manufacturer;

(ii) by drop-shipment;

(iii) via intracompany transfer from the manufacturer; or

(iv) from the manufacturer's:

(A) co-licensed partner;

(B) third party logistics provider; or

(b) to:

(i) a pharmacy or other designated persons authorized to dispense or administer prescription drugs to a patient;

(ii) a chain pharmacy warehouse that performs intracompany sales or transfers of such drugs to a group of pharmacies under common ownership and control;

(iii) a cooperative pharmacy warehouse to a pharmacy that is a member of the pharmacy buying cooperative or GPO to a patient;

(iv) an authorized distributor of record, and then to either a pharmacy or other designated persons authorized to dispense or administer such drug for use by a patient;

(v) an authorized distributor of record, and then to a chain pharmacy warehouse that performs intracompany sales or transfers of such drugs to a group of pharmacies under common ownership and control; or

(vi) an authorized distributor of record to another authorized distributor of record to a licensed pharmaceutical facility or a licensed healthcare practitioner authorized to dispense or administer such drug for use by a patient.

(45) "Parenteral" means a method of drug delivery injected into body tissues but not via the gastrointestinal tract.

(46) "Patient's agent" means a:

(a) relative, friend, or other authorized designee of the patient involved in the patient's care; or

(b) if requested by the patient or the individual under Subsection (46)(a), one of the following facilities:

(i) an office of a licensed prescribing practitioner in Utah;

(ii) a long-term care facility where the patient resides; or

(iii) a hospital, office, clinic, or another medical facility that provides health care services.

(47) "Pedigree" means a document or electronic file containing information that records each distribution of any given prescription drug.

(48) "Pharmacy facility" means the same as "Pharmaceutical facility" defined in Subsection 58-17b-102(46).

(49) "PIC," as used in this rule, means the pharmacist-in-charge.

(50) "Prepackaged" or "Prepackaging" means transferring a drug, manually or by use of an automated pharmacy system, from a manufacturer's or distributor's original container to another container before receiving a prescription drug order or for a patient's immediate need for dispensing by a pharmacy or practitioner authorized to dispense in the establishment where the prepackaging occurred.

(51) "Prescription files" means hard copy and electronic prescriptions that includes pharmacist or technician notes, or information written or attached that is pertinent to the prescription.

(52) "Professional entry degree," as used in Subsection 58-17b-303(1)(e), means the professional entry degree offered by the applicant's ACPE-accredited school or college of pharmacy in the applicant's year of graduation, either a baccalaureate in pharmacy (BSPharm) or a doctorate in pharmacy (PharmD).

(53) "PTCB" means the Pharmacy Technician Certification Board.

(54) "Qualified continuing education," as used in this rule, means continuing education that meets the standards set forth in Section R156-17b-309.

(55) "Qualifying Ownership Change" means any transaction or series of transactions that results in a change in the ownership and managerial control of a pharmaceutical facility, but does not include changes in ownership:

(a) caused by changes in stockholders in publicly listed corporations whose stock is publicly traded;

(b) that do not result in a change in managerial control, including changes in the type of corporate entity under which the pharmaceutical facility is held;

(d) of a parent entity holding an equitable interest in a pharmaceutical facility as a subsidiary, if the equitable interest constitutes less than 50% of the total ownership interest of the pharmaceutical facility.

(56) "Refill" means to fill again.

(57) "Remote dispensing pharmacist-in-charge" or "RDPIC" means the PIC of a remote dispensing pharmacy. The RDPIC shall be the PIC of the remote dispensing pharmacy's supervising pharmacy.

(58) "Remote dispensing pharmacy" means a Class A or Class B pharmacy located in Utah that serves as the originating site where a patient receiving services through a telepharmacy system is physically located and the practice of telepharmacy occurs, pursuant to Section R156-17b-614g.

(59) "Repackage" means repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug, excluding that completed by the pharmacist or DMP responsible for dispensing the product to a patient.

(60) "Research facility" means a facility where research takes place that has policies and procedures describing such research.

(61) "Responsible party" means the identity of the supervisor or director or the Class E pharmacy under Section R156- 17b-617a.

(62) "Reverse distributing" means a person or company that retrieves unusable or outdated drugs from a pharmacy by removing those drugs from stock and destroying them.

(63) "Self-administered hormonal contraceptive" means the same as defined in Subsection 26B-4-501(22).

(64) "Sterile products preparation facility" means any facility, or portion of the facility, that compounds sterile products using aseptic techniques.

(65) "Supervising pharmacy" means the Class A or Class B pharmacy responsible for overseeing the operation of a remote dispensing pharmacy, and whose PIC is the RDPIC for the remote dispensing pharmacy, pursuant to Section R156-17b- 614g.

(66) "Supervisor" means a licensed pharmacist or DMP in good standing with the Division.

(67) "Telepharmacy system" means any telecommunication or information technology system, or combination of systems, that monitors the preparation and dispensing of prescription drugs and provides for related drug review and HIPAA- compliant patient counseling services.

(68) "Third party logistics provider" means anyone who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other similar services on behalf of a manufacturer, but does not take title to the prescription drug or have any authoritative control over the prescription drug's sale.

(69) "Unauthorized personnel" means a person not participating in the operational processes of the pharmacy who in some way would interrupt the natural flow of pharmaceutical care.

(70) "Unit dose" means the ordered amount of a drug in a dosage form prepared for a one-time administration to an individual and indicates the name, strength, lot number and beyond use date for the drug.

(71) "Unprofessional conduct," as defined in Title 58, Chapter 1, Division of Professional Licensing Act, Title 58, Chapter 17b, Pharmacy Practice Act, and Subsection 58-1-203(1)(e) is further defined in Section R156-1-501 and Section R156- 17b-502.

(72) "Utah Guidance for Self-Administered Hormonal Contraceptives" under Subsection R156-17b-621b(2)(c) means the guidance approved September 28, 2021 by the Division in collaboration with the Board of Pharmacy and Medical Licensing Board, which can be found on the Division's website at https://dopl.utah.gov/pharmacy/resources, and is incorporated by reference.

(73) "Utah Hormonal Contraceptive Self-Screening Questionnaire" under Subsection R156-17b-610(8)(a) means the guidance approved September 28, 2021 by the Division in collaboration with the Board of Pharmacy and Medical Licensing Board, which can be found on the Division's website at https://dopl.utah.gov/pharmacy/resources, and is incorporated by reference.

(74) "USP" means the United States Pharmacopeia-National Formulary (USP 41-NF 36), including the First Supplement, dated November 1, 2023. The following general chapters are incorporated by reference:.

(a) USP <795> on Pharmaceutical Compounding -- Nonsterile Preparations;

(b) USP <797> on Pharmaceutical Compounding -- Sterile Preparations;

(d) USP <825> on Radiopharmaceuticals -- Preparation, Compounding, Dispensing, and Repackaging.

(75) "Vaccine Administration Protocol" means the Vaccine Administration Protocol: Standing Order to Administer Immunizations and Emergency Medications, adopted September 1, 2023, by the Division in collaboration with the Board and Medical Licensing Board, which is incorporated by reference.

(76) "Wholesaler" means a wholesale distributor who supplies or distributes drugs or medical devices that are restricted by federal law to sales based on the order of a physician to a person other than the consumer or patient.

(77) "Wholesale distribution" means the same as 21 CFR 203.3(cc) (2021).

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-103 Licensure - Administrative Inspection

Under Subsection 58-17b-103(3)(f), the procedure for disposing of drugs or devices seized by the Division during an administrative inspection is as follows:

(1) Legal drugs or devices that the Division finds compliant with Title 58, Chapter 17b, Pharmacy Practice Act, shall be returned to the pharmacy's consulting pharmacist, designated representative, responsible party, PIC, RDPIC, or DMPIC, at the conclusion of the investigative or adjudicative proceedings and appeals.

(2)(a) Drugs or devices that the Division finds to be unlawfully possessed, adulterated, misbranded, outdated, or otherwise in violation of Title 58, Chapter 17b, Pharmacy Practice Act, shall be destroyed by Division personnel at the conclusion of the investigative or adjudicative proceedings and appeals.

(b) The destruction of seized controlled substance drugs shall be witnessed by two Division individuals. A controlled substance destruction form shall be completed and retained by the Division.

(3) An investigator may, upon determination that the violations observed pose an imminent peril to the public health, safety, or welfare, recommend to the Division Director to issue an emergency licensure action, such as cease and desist.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-203 Advisory Pharmacy Compounding Education Committee Created - Membership - Duties

(1) Under Subsection 58-1-203(1)(f) and Section R156-1-205, there is created the Advisory Pharmacy Compounding Education Committee (Committee).

(2) The Committee shall consist of seven members, diversified between:

(a) retail pharmacy;

(b) hospital pharmacy;

(d) at least one physician.

(3) Each Committee member shall:

(a) be licensed in good standing with the state; and

(b) have experience and knowledge of least one USP Chapter, USP <795>, USP <797>, or USP <800>.

(4) The Board shall nominate Committee members for appointment in accordance with Section R156-1-205, and if possible at least six months before the date of cessation of service.

(5) The Committee's duties and responsibilities shall be to address pharmacy compounding issues, including:

(a) monitoring current and proposed federal standards and USP standards for pharmacy compounding; and

(b) reviewing and making recommendations to the Division and boards regarding:

(i) pharmacy compounding education and training;

(ii) pharmacy compounding laws and rules; and

(iii) other pharmacy compounding issues as assigned by the Division in collaboration with the Board.

(6) The Committee shall meet at least once per calendar quarter, and as may be directed by the Board with the concurrence of the Division.

(7) The Committee shall annually designate one of its members to act as chair and another member to act as vice chair, on a calendar year basis. The Committee shall elect its chair and vice chair at a meeting conducted in the last quarter of the calendar year.

(8) Each calendar quarter, a Committee designee shall attend at least one meeting of the Board and one meeting of the Medical Licensing Board to report the Committee's activities and recommendations to each board.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-302 Pharmacy Licensure Classifications - Pharmacist-in-Charge, Remote Dispensing Pharmacist-in-Charge, or Dispensing-Medical-Practitioner-in-Charge Requirements

Under Section 58-17b-302, this section clarifies the classification of pharmacies.

(1) A Class A pharmacy includes retail operations located in Utah. A Class A pharmacy requires a PIC or RDPIC. Examples of Class A pharmacies include:

(a) retail pharmacies;

(b) mail service retail pharmacies; and

(2) A Class B pharmacy includes an institutional pharmacy that provides services to a target population unique to the needs of the healthcare services required by the patient. A Class B pharmacy require a PIC, RDPIC, or DMPIC, except for pharmaceutical administration facilities and narcotic treatment program pharmacies. Examples of Class B pharmacies include:

(a) closed door pharmacies;

(b) hospital clinic pharmacies;

(d) nuclear pharmacies;

(e) branch pharmacies;

(f) hospice facility pharmacies;

(g) pharmaceutical administration facility pharmacies;

(h) sterile product preparation facility pharmacies;

(i) dispensing medical practitioner clinic pharmacies; and

(j) remote dispensing pharmacies.

(3) A Class C pharmacy includes a pharmacy that is involved in:

(a) manufacturing;

(b) producing;

(d) distributing; or

(e) reverse distributing.

(4) A Class D pharmacy requires a PIC licensed in the state where the pharmacy is physically located and includes an out-of-state mail service pharmacy. A Class D pharmacy with multiple locations shall have licenses for each facility and each component part of a facility.

(5) A Class E pharmacy does not require a PIC and includes:

(a) analytical laboratory pharmacies;

(b) animal control pharmacies;

(d) human clinical investigational drug research facility pharmacies;

(e) medical gas provider pharmacies;

(f) animal narcotic detection training facility pharmacies;

(g) third party logistics providers;

(h) non-drug or device handling central prescription processing pharmacies; and

(i) veterinarian pharmaceutical facility pharmacies.

(6)(a) Each Class A and each Class B pharmacy required to have a PIC or DMPIC shall have one PIC or DMPIC who is employed on a full-time basis as defined by the employer, who acts as a PIC or DMPIC for one pharmacy.

(b) The PIC or DMPIC:

(i) may be the PIC or DMPIC of more than one Class A or Class B pharmacy, if the additional Class A or Class B pharmacies are not open to provide pharmacy services simultaneously; and

(ii) may serve as an RDPIC.

(7) A PIC, RDPIC, or DMPIC shall comply with Section R156-17b-603.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-303a Qualifications for Licensure - Pharmacist, Pharmacy Intern, and Pharmacy Technician - Education Requirements

(1) Under Subsections 58-17b-303(2) and 58-17b-304(6)(b), the credentialing agency recognized to provide certification and evaluate equivalency of a foreign educated pharmacy graduate is the Foreign Pharmacy Graduate Examination Committee (FPGEC) of the National Association of Boards of Pharmacy.

(2) Under Subsection 58-17b-304(6), an applicant for a pharmacy intern license shall:

(a) be a current pharmacy student in a college of pharmacy accredited by the ACPE, as evidenced by written verification from a dean of the college;

(b) hold a graduate degree from a foreign pharmacy school and have received a certificate of equivalency from an approved credentialing agency under Subsection (1); or

(c) have been accepted to a college of pharmacy accredited by the ACPE, as evidenced by a written acceptance letter from the college of pharmacy showing that the applicant is expected to begin coursework in the college of pharmacy no more than 90 days from the date of the application.

(3) Under Subsection 58-17b-305(1)(e), a pharmacy technician shall complete a training program that:

(a) is accredited by:

(i) ASHP; or

(ii) the Accrediting Bureau of Health Education Schools (ABHES); or

(b) is conducted by:

(i) a program approved by the Division in collaboration with the Board; or

(ii) a branch of the Armed Forces of the United States; and

(i) requires completion, while licensed as a pharmacy technician trainee, of at least 180 hours of directly supervised practical training in a licensed pharmacy by a licensed pharmacist in good standing; and

(ii) has written protocols and guidelines for the teaching pharmacist outlining the use and supervision of pharmacy technician trainees that address:

(A) the specific manner in which supervision will be completed; and

(B) an evaluative procedure to verify the accuracy and completeness of any act, task, and function performed by the pharmacy technician trainee.

(4) A pharmacy technician trainee shall complete a pharmacy technician training program and pass the required examination in Subsection R156-17b-303c(4) within two years after obtaining their pharmacy technician trainee license, unless otherwise approved by the Division in collaboration with the Board for good cause showing exceptional circumstances. An individual who fails to comply with this time frame shall repeat a pharmacy technician training program in its entirety if the individual pursues licensure as a pharmacy technician.

(5)(a) A Division approved program or program in ASHP candidate status shall notify a student before enrollment that if the program is denied accreditation status while the student is enrolled in the program, the student will be required to complete education in another program with no assurance of how many credits will transfer to the new program.

(b) A Division approved program or program in ASHP candidate status that is denied accreditation shall immediately notify the Division, enrolled students, and student practice sites, of the denial.

(i) the program no longer satisfies the pharmacy technician license education requirement in Utah; and

(ii) enrollment in a different program meeting requirements in Subsection R156-17b-303a(3) is necessary for the student to complete training and to satisfy the pharmacy technician license education requirement in Utah.

(6) An applicant from another jurisdiction seeking licensure as a pharmacy technician in Utah who does not meet the qualifications for licensure by endorsement in Subsection 58-1-302(2), meets the qualifications for licensure in Subsections 58-1- 302(3), 58-17b-305(1)(e), and 58-17b-305(1)(f) if the applicant:

(a)(i) has engaged in the practice of a pharmacy technician for a minimum of 1,000 hours in that jurisdiction within the past two years; or

(ii) has equivalent experience as approved by the Division in collaboration with the Board; and

(b) has current PTCB or ExCPT certification.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-303b Qualifications for Licensure - Pharmacist - Pharmacy Internship Standards

(1) Under Subsection 58-17b-303(1)(f), the pharmacy internship standards for licensure as a pharmacist are established in this section.

(2) A graduate of a U.S. pharmacy school shall have at least 1,740 hours of practice obtained according to the Accreditation Council for Pharmacy Education (ACPE), Accreditation Standards and Key Elements for the Professional Program in Pharmacy Leading to the Doctor of Pharmacy Degree, effective July 1, 2016 ("Standards 2016"), which is incorporated by reference.

(3)(a) A graduate of a foreign pharmacy school shall have at least 1,440 hours of supervised pharmacy practice in the United States.

(b) The Division in collaboration with the Board may credit up to 500 hours toward the requirement of Subsection (3)(a) for a graduate's other experience substantially related to the practice of pharmacy.

(4) If a pharmacy intern is suspended or dismissed from an approved college of pharmacy, the pharmacy intern shall notify the Division within 15 days of the suspension or dismissal.

(5) If a pharmacy intern ceases to meet a requirement for intern licensure, the pharmacy intern shall surrender the pharmacy intern license to the Division within 60 days unless an extension is granted by the Division in collaboration with the Board.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-303c Qualifications for Licensure - Pharmacist and Pharmacy Technician - Examinations

(1) An applicant seeking licensure as a pharmacist under Subsection 58-17b-303(1), shall pass the following examinations within five years of graduation from a pharmacy program described in Subsection 58-17b-303(1)(e):

(a) the NAPLEX with a passing score established by NABP; and

(b) the Utah MPJE with a passing score established by NABP.

(2) An applicant seeking licensure as a pharmacist by endorsement under Subsection 58-17b-303(3), shall pass the Utah MPJE, with a passing score established by NABP.

(3) An applicant under Subsection 58-17b-303(1) or Subsection 58-17b-303(3) who has failed a required examination three times and wishes to retake the exam shall:

(a) meet with the Board to request authorization to test up to two additional attempts; and

(b) complete any additional training the Board may require before any approved additional attempts.

(4) An applicant under Subsection 58-17b-303(1) or Subsection 58-17b-303(3) who has failed a required examination five times and who wishes to retake the exam shall complete another education program in accordance with Subsection 58-17b- 303(1)(e) before an additional authorization to test.

(5) An applicant shall pass any required examination within five years of graduation from an education program in accordance with Subsection 58-17b-303(1)(e).

(6)(a) Under Subsection 58-17b-305(1)(f), an applicant for licensure as a pharmacy technician shall pass the PTCB or ExCPT with a passing score established by the certifying body.

(b) A PTCB or ExCPT certificate shall show a valid date and that the certification is active.

(7) In addition to any applicable examination requirements of Subsection 58-17b-303(1)(g) or Subsection 58-17b- 303(3)(i), a graduate of a foreign pharmacy school seeking licensure under Subsection 58-17b-303(2) shall obtain a passing score on the Foreign Pharmacy Graduate Examination Committee (FPGEC) examination.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-303d Qualifications for Licensure - Meet with the Board

Under Subsections 58-1-202(1)(d) and 58-1-301(3), an applicant for licensure under Title 58, Chapter 17b, Pharmacy Practice Act may be required to meet with the Board to evaluate the applicant's qualifications for licensure.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-304 Temporary Pharmacist Licensure - Additional Authorization to Test

(1) In accordance with Subsection 58-1-303(1), the Division may issue a temporary pharmacist license to a person who meets all qualifications for licensure as a pharmacist in Utah except for the passing of the required examination, if the applicant:

(a) is:

(i) a graduate of an ACPE accredited pharmacy school within two months immediately preceding application for licensure;

(ii) enrolled in a pharmacy graduate residency or fellowship program; or

(iii) licensed in good standing to practice pharmacy in another state or territory of the United States;

(b) submits a complete application for licensure as a pharmacist except the passing of the NAPLEX and Utah MJPE examinations;

(c) submits evidence of having secured employment in Utah conditioned upon issuance of the temporary license, and the employment is under the direct, on-site supervision of a pharmacist with an active, non-temporary Utah license that includes a controlled substance license; and

(d) has registered to take the required licensure examinations.

(2) A temporary pharmacist license issued under Subsection (1) expires the earlier of:

(a) six months from the date of issuance;

(b) the date upon which the Division receives notice from the examination agency that the individual has failed either examination three times; or

(3) An individual who has failed either examination three times shall meet with the Board to request an additional authorization to test. The Division, in collaboration with the Board, may require additional training as a condition for approval of an authorization to retest.

(4) A pharmacist temporary license issued in accordance with this section cannot be renewed, but may be extended up to six months, as approved by the Division in collaboration with the Board.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-307 Qualifications for Licensure - Criminal Background Checks

(1) An applicant for licensure as a pharmacy shall document, to the satisfaction of the Division, the owners and management of the pharmacy and the facility in which the pharmacy is located.

(2) The following individuals associated with an applicant for licensure as a pharmacy shall be subject to the criminal background check requirements set forth in Section 58-17b-307:

(a) the PIC;

(b) the PIC's immediate supervisor;

(d) others associated with management of the pharmacy or the facility in which the pharmacy is located as determined necessary by the Division in order to protect public health, safety and welfare; and

(e) owners of the pharmacy or the facility in which the pharmacy is located as determined necessary by the Division in order to protect public health, safety and welfare.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-308 Term, Expiration, Renewal, and Reinstatement of License - Application Procedures

This section establishes procedures required in Sections 58-1-308 and 58-17b-506.

(1) The renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 17b is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308a through R156-1-308l, except as provided in Subsections (3) and (4).

(3) A pharmacist whose license was active and in good standing before its expiration may apply for reinstatement, under the following practice re-entry requirements:

(a) if the application for re-entry is between two years and five years after the date of expiration, an applicant for reinstatement shall submit documentation of compliance with current continuing education as required in Subsection R156-17b- 309(1); or

(b) if the application for re-entry is more than five years after the date of license expiration, an applicant for reinstatement shall retake the examinations required for licensure under Subsection R156-17b-303c.

(4) A pharmacy technician whose license was active and in good standing before its expiration may apply for reinstatement in accordance with the following practice re-entry requirements:

(a) if the application for re-entry is between two years and five years after the date of expiration, an applicant for reinstatement shall submit documentation of current continuing education as required in Subsection R156-17b-309(2); or

(b) if the application for re-entry is more than five years after the date of expiration, an applicant for reinstatement shall retake the examinations required for licensure under Section R156-17b-303c.

(5) The Division, in collaboration with the Board, may approve the extension of an intern license upon the request of the licensee, if the intern lacks the required number of internship hours for licensure.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-309 Continuing Education

Under Section 58-17b-310 and Subsections 58-1-203(1)(g) and 58-1-308(3)(b), this section establishes the continuing education (CE) requirements for renewal or reinstatement of a pharmacist or pharmacy technician license for each two-year renewal cycle.

(1) A pharmacist shall complete at least 30 CE hours which shall:

(a) include 12 hours of live or technology-enabled participation in lectures, seminars, or workshops;

(b) be relevant to the licensee's professional practice;

(d) if engaging in the administration of vaccines under Section R156-17b-621, include two hours in vaccine-related topics;

(e) if engaging in the administration of prescription drugs or devices under Section R156-17b-621 or R156-17b-625, include two hours in topics related to the administration of those prescription drugs or devices; and

(f) if dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Family Planning Access Act under Section R156-17b-621b, include two hours in topics related to hormonal contraceptive therapy.

(2)(a) A pharmacy technician shall complete at least 20 CE hours, which shall include:

(i) six hours of live or technology-enabled participation at lectures, seminars, or workshops;

(ii) one hour of pharmacy law or ethics; and

(iii) if engaging in the administration of vaccines under Section R156-17b-621, two hours in vaccine-related topics.

(b) Current PTCB or ExCPT certification shall fulfill each CE requirements for a pharmacy technician, except for vaccine-related topic hours that may be required under Subsection (2)(a)(iii).

(3)(a) If a licensee first becomes licensed during the two-year renewal cycle, the licensee's required number of CE hours shall be decreased proportionately according to the date of licensure.

(b) The Division may defer or waive each CE requirements as provided in Section R156-1-308d.

(4) CE credit shall be recognized as follows:

(a)(i) one live CE hour for attending one Board of Pharmacy meeting, up to a maximum of two CE hours during each two-year period; and

(ii) these hours may count as "pharmacy law or ethics" hours;

(b)(i) two CE hours for each hour of lecturing or instructing a CE course or teaching in the licensee's profession, up to a maximum of ten CE hours during each two-year period;

(ii) the licensee shall document the course's content and intended audience such as pharmacists, pharmacy technicians, pharmacy interns, physicians, or nurses; and

(iii) public service programs, such as presentations to schoolchildren or service clubs, are not eligible for CE credit; and

(i) institutes, seminars, lectures, conferences, workshops, various forms of mediated instruction, and programmed learning courses, presented by an ACPE-approved institution, individual, organization, association, corporation, or agency;

(ii) programs approved by health-related CE approval organizations, if the CE is nationally recognized by a healthcare accrediting agency and is related to the practice of pharmacy;

(iii) Division training or educational presentations;

(iv) educational meetings that are ACPE accredited and are sponsored by the Utah Pharmacy Association, the Utah Society of Health-System Pharmacists, or other professional organization or association; or

(v) for pharmacists, programs of certification by qualified individuals such as certified diabetes educator credentials, board certification, or other certification as approved by the Division in collaboration with the Board.

(5) A licensee shall maintain documentation sufficient to prove compliance with this section, for a period of four years after the end of the renewal cycle for which the CE is due, by:

(a) maintaining registration with the NABP e-Profile CPE Monitor plan or the NABP CPE Monitor Plus plan; and

(b) maintaining a certificate of completion or other adequate documentation for CE that cannot be tracked by the licensee's NABP plan.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-309 7. Exemptions from Licensure - Opioid Treatment Program

(1) In accordance with Section 58-17-b-309.7 "under the direction of a pharmacist" means that the pharmacist has delegated to a covered provider the authority to perform one or more selected dispensing tasks on behalf of the pharmacist:

(a) in accordance with state and federal laws and rules; and

(b) under the general supervision of the pharmacist as defined in Subsection R156-1-102a(4)(c).

(2) A pharmacist retains accountability for the appropriate delegation of dispensing stasks.

(3) The covered provider is accountable for the accuracy of the dispensing task and shall consult the pharmacist as needed.

(4) A covered provider may not:

(a) further delegate to another person any dispensing task delegated to the covered provider by the pharmacist; or

(b) expand the scope of a delegated dispensing task without the express permission of the pharmacist.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-401 Disciplinary Proceedings

(1) An individual licensed as a pharmacy intern who is currently under disciplinary action and qualifies for licensure as a pharmacist may be issued a pharmacist license under the same restrictions as the pharmacy intern license.

(2) A pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, or DMP whose license or registration is suspended under Subsection 58-17b-701(6) may petition the Division at any time to demonstrate the ability to resume competent practice.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-402 Administrative Penalties

Under Subsection 58-17b-401(6) and Sections 58-17b-501 and 58-17b-502, unless otherwise ordered by the presiding officer, the following fine and citation schedule shall apply:

TABLE 402

FINE SCHEDULE

SUBSECTION

VIOLATION

FIRST OFFENSE

SUBSEQUENT OFFENSE

(1)

58-1-501(1)(a)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(2)

58-1-501(1)(b)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(3)

58-1-501(1)(c)

$ 500 - $ 1,000

$ 1,000 - $ 5,000

(4)

58-1-501(1)(d)

$ 500 - $ 1,000

$ 1,000 - $ 5,000

(5)

58-1-501(1)(e)

$ 100 - $ 2,000

$ 2,000 - $ 10,000

(6)

58-1-501(1)(f)(i)(A)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(7)

58-1-501(1)(f)(i)(B)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(8)

58-1-501(1)(g)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(9)

58-1-501(2)(a)(i)

$ 100 - $ 2,000

$ 2,000 - $ 10,000

(10)

58-1-501(2)(a)(ii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(11)

58-1-501(2)(a)(iii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(12)

58-1-501(2)(a)(iv)

$ 100 - $ 500

$ 200 - $ 1,000

(13)

58-1-501(2)(a)(v)

$ 100 - $ 500

$ 200 - $ 1,000

(14)

58-1-501(2)(a)(vi)

$ 100 - $ 500

$ 200 - $ 1,000

(15)

58-1-501(2)(a)(vii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(16)

58-1-501(2)(a)(viii)

$ 100 - $ 500

$ 200 - $ 1,000

(17)

58-1-501(2)(a)(ix)

$ 100 - $ 500

$ 200 - $ 1,000

(18)

58-1-501(2)(a)(x)

$ 100 - $ 500

$ 200 - $ 1,000

(19)

58-1-501(2)(a)(xi)

$ 100 - $ 1,000

$ 500 - $ 2,000

(20)

58-1-501(2)(a)(xii)

$ 100 - $ 500

$ 200 - $ 1,000

(21)

58-1- 501(2)(a)(xiii)(A)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(22)

58-1-501(2)(a)(xiii)(B)

$500 - $ 2,000

$ 2,000 - $ 10,000

(23)

58-1-501(2)(a)(xiv)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(24)

58-1-501(2)(a)(xv)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(25)

58-1-501(2)(a)(xvi)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(26)

58-1-501.5

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(27)

R156-1-501(1)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(28)

R156-1-501(2)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(29)

R156-1-501(3)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(30)

R156-1-501(4)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(31)

R156-1-501(5)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(32)

R156-1-501(6)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(33)

58-17b-501(1)

$ 500 - $ 2,000

$ 5,000

(34)

58-17b-501(2)

$ 100 - $ 1,000

$ 500 - $ 2,000

(35)

58-17b-501(3)(a)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(36)

58-17b-501(3)(b)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(37)

58-17b-501(4)

$ 1,000 - $ 5,000

$ 10,000

(38)

58-17b-501(5)

$ 100 - $ 500

$ 200 - $ 1,000

(39)

58-17b-501(6)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(40)

58-17b-501(7)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(41)

58-17b-501(8)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(42)

58-17b-501(9)

$ 500 - $ 1,000

$ 1,500 - $ 5,000

(43)

58-17b-501(10)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(44)

58-17b-501(11)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(45)

58-17b-501(12)

$ 1,000 - $ 5,000

$ 10,000

(46)

58-17b-501(13)

$ 100 - $ 500

$ 1,000 - $ 2,500

(47)

58-17b-502(1)(a)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(48)

58-17b-502(1)(b)

$ 2,500 - $ 5,000

$ 5,500 - $ 10,000

(49)

58-17b-502(1)(c)

$ 1,000 - $ 5,000

$ 10,000

(50)

58-17b-502(1)(d)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(51)

58-17b-502(1)(e)

$ 1,000 - $ 5,000

$ 10,000

(52)

58-17b-502(1)(f)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(53)

58-17b-502(1)(g)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(54)

58-17b-502(1)(h)

$ 100 - $ 500

$ 500 - $ 1,000

(55)

58-17b-502(1)(i)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(56)

58-17b-502(1)(j)

$ 100 - $ 500

$ 500 - $ 1,000

(57)

58-17b-502(1)(k)

$ 100 - $ 500

$ 2,000 - $ 10,000

(58)

58-17b-502(1)(l)

$ 100 - $ 500

$ 500 - $ 1,000

(59)

58-17b-502(1)(m)

$ 500 - $ 1,000

$ 2,500 - $ 5,000

(60)

58-17b-502(1)(n)

$ 100 - $ 500

$ 500 - $ 1,000

(61)

58-17b-502(1)(o)

$ 100 - $ 500

$ 500 - $ 1,000

(62)

58-17b-502(1)(p)

$ 2,500 - $ 5,000

$ 5,000 - $ 10,000

(63)

R156-17b-502(1)

$ 250 - $ 500

$ 2,000 - $ 10,000

(64)

R156-17b-502(2)(a)

$ 250 - $ 500

$ 500 - $ 750

(65)

R156-17b-502(2)(b)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(66)

R156-17b-502(3)

$ 100 - $ 500

$ 500 - $ 1,000

(67)

R156-17b-502(4)

$ 50 - 100

$ 200 - $ 300

(68)

R156-17b-502(5)

$ 100 - $ 200

$ 200 - $ 500

(69)

R156-17b-502(6)

$ 500 - $ 1,000

$ 2,000 - $ 10,000

(70)

R156-17b-502(7)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(71)

R156-17b-502(8)

$ 100 - $ 250

$ 300 - $ 500

(72)

R156-17b-502(9)

$250 - $1,000

$ 500 - $ 5,000

(73)

R156-17b-502(10)(a)

$ 50 - $ 100

$ 250 - $ 500

(74)

R156-17b-502(10)(b)

$ 250 - $ 500

$ 750 - $ 1,000

(75)

R156-17b-502(11)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(76)

R156-17b-502(12)(a)

$ 100 - $ 250

$ 500 - $ 2,500

(77)

R156-17b-502(12)(b)

$ 250 - $ 1,000

$ 500 - $ 5,000

(78)

R156-17b-502(13)(a)

$ 50 - $ 100

$ 250 - $ 500

(79)

R156-17b-502(13)(b)

$ 250 - $ 500

$ 1,000 - $ 2,000

(80)

R156-17b-502(14)(a)

$ 500 - $ 2,500

$ 5,000 - $ 10,000

(81)

R156-17b-502(14)(b)

$ 2,000 per occurrence

(82)

R156-17b-502(15)

double original penalty, up to $ 10,000

(83)

R156-17b-502(16)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(84)

R156-17b-502(17)

$ 1,000 - $ 5,000

$ 10,000

(85)

R156-17b-502(18)

$ 500 - $ 2,500

$ 5,000 - $ 10,000

(86)

R156-17b-502(19)

$ 100 - $ 500

$ 200 - $ 1,000

(87)

R156-17b-502(20)

$ 100 - $ 500

$ 200 - $ 1,000

(88)

R156-17b-502(21)

$ 100 - $ 500

$ 200 - $ 1,000

(89)

R156-17b-502(22)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

(90)

R156-17b-502(23)(a)

$ 100 - $ 300

$ 500 - $ 1,000

(91)

R156-17b-502(23)(b)

$ 250 - $ 500

$ 500 - $ 1,250

(92)

R156-17b-502(24)

$ 100 - $ 500

$ 500 - $ 1,000

(93)

R156-17b-502(25)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(94)

R156-17b-502(26)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(95)

58-37-8

$ 1,000-$ 5,000

$ 5,000 - $ 10,000

(96)

R156-37-502(1)(a)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(97)

R156-37-502(1)(b)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(98)

R156-37-502(2)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(99)

R156-37-502(3)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(100)

R156-37-502(4)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(101)

R156-37-502(5)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(102)

R156-37-502(6)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(103)

R156-37-502(7)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(104)

R156-37-502(8)

$ 500 - $ 2,000

$ 2,500 - $ 10,000

(105)

Any other conduct that constitutes Unprofessional or Unlawful conduct

$ 100 - $ 500

$ 200 - $ 1,000

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) violating the American Pharmaceutical Association (APhA) Code of Ethics for Pharmacists, October 27, 1994, which is incorporated by reference;

(2)(a) failing to comply with the USP-NF <795>, if applicable to activities performed; or

(b) failing to comply with the USP-NF <797>, if applicable to activities performed;

(3) failing to comply with continuing education requirements;

(4) failing to provide the Division with a current mailing address within ten business days of a change of address;

(5) failing to timely fulfill a subpoena issued under Section R156-1-110;

(6) failing to abide by applicable federal and state law regarding the practice of pharmacy;

(7) failing to comply with administrative inspections;

(8) failing to return a self-audit report by the deadline established by the Division;

(9) providing false information on a self-audit report;

(10)(a) violating the laws and rules regulating operating standards in a pharmacy, as discovered upon inspection by the Division; or

(b) after discovery upon inspection by the Division of violation of laws and rules regulating operating standards in a pharmacy, failing to comply within the time established by the Division;

(11) abandoning a pharmacy or leaving prescription drugs accessible to the public;

(12)(a) as a pharmacist, practicing pharmacy with an inappropriate pharmacist to pharmacy intern ratio under Subsection R156-17b-606(3) or pharmacist to pharmacy technician trainee ratio under Subsection R156-17b-601(4); or

(b) as a pharmacy, practicing pharmacy with an inappropriate pharmacist to pharmacy intern ratio under Subsection R156-17b-606(3) or pharmacist to pharmacy technician trainee ratio under Subsection R156-17b-601(4);

(13)(a) as a pharmacist, allowing an unauthorized person in the pharmacy; or

(b) as a pharmacy, allowing an unauthorized person in the pharmacy;

(14)(a) as a pharmacist, failing to offer to counsel a person receiving a prescription medication; or

(b) as a pharmacy, failing to offer to counsel a person receiving a prescription medication;

(15) failing to timely pay an administrative fine;

(16) failing to comply with the PIC, consulting pharmacist, RDPIC or DMPIC standards under Section R156-17b-603;

(17) failing to adhere to institutional policies and procedures related to technician checking of medications when technician checking is utilized;

(18) failing to take appropriate steps to avoid or resolve identified drug therapy management problems under Subsection R156-17b-611(3);

(19) dispensing medication that has been discontinued by the FDA;

(20) failing to keep or report accurate records of training hours;

(21) failing to provide consulting pharmacist, designated representative, responsible party, PIC, RDPIC, or DMPIC information to the Division within 30 days of a change in consulting pharmacist, designated representative, responsible party, PIC, RDPIC or DMPIC;

(22) requiring a pharmacy, pharmacist, or DMP to operate the pharmacy or allow the operation of the pharmacy with a ratio of supervising pharmacist or DMP to other pharmacy personnel in circumstances that result in, or reasonably would be expected to result in, an unreasonable risk of harm to public health, safety, and welfare;

(23)(a) as a pharmacist, failing under Subsection R156-17b-603(3)(t) to notify the Division within seven calendar days of a change in the email address designated for use in self-audits or pharmacy alerts; or

(b) as a pharmacy, failing to notify the Division within seven calendar days of a change in the email address designated for use in self-audits or pharmacy alerts;

(24) failing to ensure, as a DMP or DMP clinic pharmacy, that a DMP designee has completed a formal or on-the-job dispensing training program under Section R156-17b-622;

(25) failing to make a timely report regarding dispensing of an opiate antagonist to the Division and to the physician who issued the standing order, under Section R156-17b-625; and

(26) failing to comply with the operating standards for a remote dispensing pharmacy under Section R156-17b-614g.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-601 Operating Standards - Pharmacy Technician and Pharmacy Technician Trainee

Under Subsection 58-17b-102(57), this section defines practice as a licensed pharmacy technician.

(1) A pharmacy technician may perform any task associated with the physical preparation and processing of prescription and medication orders, including:

(a) receiving written prescriptions;

(b) taking refill orders, including refill authorizations;

(d) preparing labels;

(e) retrieving medications from inventory;

(f) counting and pouring into containers;

(g) placing medications into patient storage containers;

(h) affixing labels;

(i) compounding;

(j) counseling for over-the-counter drugs and dietary supplements under the direction of the supervising pharmacist;

(k) receiving new prescription drug orders when communicating telephonically or electronically, if the original information is recorded so the pharmacist may review the prescription drug order as transmitted, including accepting new prescription drug orders saved on voicemail for a pharmacist to review;

(l) transferring prescriptions under Subsections 58-17b-604(4)(a), 58-17b-604, and R156-17b-612;

(m) performing checks of certain medications prepared for distribution filled or prepared by another technician within a Class B hospital pharmacy, such as medications prepared for distribution to an automated dispensing cabinet, cart fill, crash cart medication tray, or unit dosing from a prepared stock bottle, in accordance with the following operating standards:

(i) a technician authorized by a hospital to check medications shall have at least:

(A) one year of experience working as a pharmacy technician; and

(B) six months of experience at the hospital where the technician is authorized to check medications;

(ii) a technician may only check steps in the medication distribution process that do not require the professional judgment of a pharmacist and that are supported by sufficient automation or technology to ensure accuracy, such as barcode scanning, drug identification automation, checklists, or visual aids;

(iii) a hospital that authorizes technicians to check medications shall:

(A) have a training program and ongoing competency assessment that is documented and retrievable during each technician's employment and at least three years beyond employment;

(B) maintain a list of technicians on staff that are allowed to check medications;

(D) have a supervising pharmacist immediately available during times that a pharmacy technician is checking medications; and

(E) have comprehensive policies and procedures that guide technician checking that include the following:

(I) process for technician training and ongoing competency assessment and documentation;

(II) process for supervising technicians who check medications;

(III) list of medications, or types of medications that may or may not be checked by a technician;

(IV) description of the automation or technology to be utilized by the institution to augment the technician check;

(V) process for maintaining a permanent log of the unique initials or identification codes that identify each technician responsible for checked medications by name; and

(VI) description of processes used to track and respond to medication errors; and

(n) additional tasks not requiring the judgment of a pharmacist.

(2) A pharmacy technician may not:

(a) receive a new prescription or medication order, except as described in Subsection (1)(k);

(b) clarify a prescription or medication order from a prescriber;

(d) perform final review of a prescribed drug prepared for dispensing;

(e) dispense a drug; or

(f) counsel a patient with respect to a prescription drug.

(3) A pharmacy technician may administer vaccines and emergency medications pursuant to delegation by a pharmacist under the Vaccine Administration Protocol, if the pharmacy technician:

(a) has completed the initial training required by Section R156-17b-621;

(b) is under direct, on-site supervision by the delegating pharmacist as defined in Subsection R156-1-102a(1)(a); and

(c) for each renewal cycle after the initial training, has completed a minimum of two hours of continuing education in immunization or vaccine-related topics in accordance with Section R156-17b-309.

(4) A pharmacy technician trainee:

(a) shall practice only under the direct supervision of a pharmacist, and in a ratio not to exceed:

(i) one pharmacy technician trainee to one pharmacist; or

(ii) two pharmacy technician trainees to one pharmacist, if a licensed pharmacy technician or intern is working during the same shift; and

(b) may perform any task in Subsection (1), except performing checks of certain medications prepared for distribution filled or prepared by a technician within a Class B hospital pharmacy as described in Subsection (1)(m).

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-602 Operating Standards - Pharmacy Intern

A pharmacy intern may provide services including the practice of pharmacy under the supervision of a pharmacist preceptor in accordance with Section R156-17b-606.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-603 Operating Standards - Consulting Pharmacist, Pharmacist-In-Charge, Remote Dispensing Pharmacist-in- Charge, or Dispensing-Medical-Practitioner-In-Charge

(1) The consulting pharmacist, PIC, RDPIC, or DMPIC shall have the responsibility to oversee the operation of the pharmacy in conformance with laws and rules pertinent to the practice of pharmacy and the distribution of drugs, durable medical equipment, and medical supplies. The consulting pharmacist, PIC, RDPIC, or DMPIC shall be personally in full and actual charge of the pharmacy.

(2)(a) In accordance with Subsections 58-17b-103(1) and 58-17b-601(1), a unique email address shall be established by the consulting pharmacist, PIC, RDPIC, DMPIC, or responsible party for the pharmacy to be used for self-audits or pharmacy alerts initiated by the Division.

(b) The consulting pharmacist, PIC, RDPIC, DMPIC, or responsible party shall notify the Division of the pharmacy's email address in the initial application for licensure.

(3) The duties of the consulting pharmacist, PIC, RDPIC, or DMPIC shall include:

(a) ensuring that a pharmacist, pharmacy intern, DMP, or DMP designee dispenses drugs or devices, including:

(i) packaging, preparation, compounding and labeling; and

(ii) ensuring that drugs are dispensed safely and accurately as prescribed;

(b) ensuring that pharmacy personnel deliver drugs to the patient or the patient's agent, including ensuring that drugs are delivered safely and accurately as prescribed;

(c) ensuring that a pharmacist, pharmacy intern, or DMP communicates to the patient or the patient's agent, at their request, information concerning any prescription drugs dispensed to the patient by the pharmacist, pharmacy intern, or DMP;

(d) ensuring that a reasonable effort is made to obtain, record and maintain patient medication records;

(e) education and training of pharmacy personnel;

(f) establishment of policies for procurement of prescription drugs and devices and other products dispensed from the pharmacy;

(g) disposal and distribution of drugs from the pharmacy;

(h) bulk compounding of drugs;

(i) storage of materials, including drugs, chemicals and biologicals;

(j) maintenance of records of transactions of the pharmacy necessary to maintain accurate control over and accountability for pharmaceutical materials required by state and federal laws and regulations;

(k) establishment and maintenance of effective controls against theft or diversion of prescription drugs and records for the prescription drugs;

(l) if records are kept on a data processing system, the maintenance of records stored in that system in compliance with pharmacy requirements;

(m) legal operation of the pharmacy including meeting inspection and other requirements of state and federal laws, rules and regulations governing the practice of pharmacy;

(n) implementation of an ongoing quality assurance program that monitors performance of the automated pharmacy system, which is evidenced by written policies and procedures developed for pharmaceutical care;

(o) if permitted to use an automated pharmacy system for dispensing purposes:

(i) ensuring that the system is in good working order and accurately dispenses the correct strength, dosage form and quantity of the drug prescribed while maintaining appropriate record keeping and security safeguards; and

(ii) implementation of an ongoing quality assurance program that monitors performance of the automated pharmacy system, which is evidenced by written policies and procedures developed for pharmaceutical care;

(p) ensuring that relevant information is submitted to the Controlled Substance Database in the appropriate format and in a timely manner;

(q) ensuring that pharmacy personnel have the appropriate licensure;

(r) ensuring that no pharmacy operates with a ratio of pharmacist or DMP to other pharmacy personnel in circumstances that result in, or reasonably would be expected to result in, an unreasonable risk of harm to public health, safety, and welfare;

(s) ensuring that the consulting pharmacist, PIC, RDPIC, or DMPIC assigned to the pharmacy is recorded with the Division on a form provided by the Division, and that the Division is notified of a change in consulting pharmacist, PIC, RDPIC, or DMPIC within 30 days of the change;

(t) ensuring, with regard to the unique email address used for self-audits and pharmacy alerts, that the pharmacy:

(i) uses a single email address; and

(ii) notifies the Division, on the form prescribed, of a change in the email address within seven calendar days of the change;

(u) under Subsection 58-17b-103(1), conducting a pharmacy self-audit on a form provided by the Division, in accordance with the following timeframes:

(i) within 30 days of a change of consulting pharmacist, PIC, DMPIC or RDPIC;

(ii) within 30 days of the opening of a new facility; and

(iii) at least 90 days before the end of each renewal cycle; and

(iv) maintaining each pharmacy self-audit form for two years from the date of the self-audit.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-604 Operating Standards - Closing a Pharmacy

(1) The consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC of the registered pharmacy shall comply with 21 CFR 1301.52 (2021) and 21 CFR 1305.18 and 1305.19 (2021).

(2) If the pharmacy dispenses prescription drug orders, post a closing notice sign in a conspicuous place in the front of the prescription department and at public entrance doors to the pharmacy. The closing notice shall contain the following information:

(a) the date of closing; and

(b) the name, address, and telephone number of the pharmacy acquiring the prescription drug orders, including refill information and patient medication records of the pharmacy.

(3) On the date of closing, the consulting pharmacist, PIC, RDPIC, or DMPIC shall remove prescription drugs from the pharmacy by one or a combination of the following methods:

(a) return prescription drugs to manufacturer or supplier for credit or disposal; or

(b) transfer, sell, or give away prescription drugs to a person who is legally entitled to possess drugs, such as a hospital or another pharmacy.

(4) If the pharmacy dispenses prescription drug orders:

(a) transfer the prescription drug order files, including refill information and patient medication records, to a licensed pharmacy within a reasonable distance of the closing pharmacy; and

(b) move signs or notify the landlord or owner of the property that it is unlawful to use the word "pharmacy", or any other word or combination of words of the same or similar meaning, or any graphic representation that would mislead or tend to mislead the public that a pharmacy is located at this address.

(5) Within ten days of the closing of the pharmacy, the pharmacy owner, consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC shall forward to the Division a surrender notice, on a form provided by the Division, of the closing that includes the following information:

(a) the actual date of closing;

(b) a surrender of the license issued to the pharmacy;

(i) that an inventory as specified in Subsection R156-17b-605(4) has been conducted; and

(ii) the manner in which the legend drugs and controlled substances possessed by the pharmacy were transferred or disposed; and

(d) if the pharmacy dispenses prescription drug orders, the name and address of the pharmacy to which the prescription drug orders, including refill information and patient medication records, were transferred.

(6) If the pharmacy is closed suddenly due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy or other emergency circumstances and the consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC cannot provide notification 14 days prior to the closing, the consulting pharmacist, PIC, RDPIC, or DMPIC shall comply with Subsection (1) as far in advance of the closing as allowed by the circumstances.

(7) If the consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC is not available to comply with the requirements of this section, the owner or legal representative shall be responsible for compliance with this section.

(8) Notwithstanding the requirements of this section, a DMP clinic pharmacy that closes but employs licensed practitioners who will continue providing services other than dispensing may continue to use prescription drugs in their practice as authorized under their respective licensing act.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-605 Operating Standards - Inventory Requirements

(1) Authorized personnel shall remove out-of-date legend drugs and controlled substances from the inventory at regular intervals and in correlation to the beyond use date imprinted on the label.

(2) General requirements for inventory of a pharmacy shall include the following:

(a) the consulting pharmacist, PIC, RDPIC, or DMPIC shall be responsible for taking required inventories, but may delegate the performance of the inventory to another person;

(b) the inventory records shall be maintained for a period of five years and be readily available for inspection;

(d) the inventory records shall be in a written, typewritten, or printed form and include each stock of controlled substances on hand on the date of the inventory, including any that are out-of-date drugs and drugs in automated pharmacy systems;

(e) an inventory taken by use of a verbal recording device shall be promptly transcribed;

(f) the inventory may be taken either as the opening of the business or the close of business on the inventory date;

(g) the person taking the inventory and the consulting pharmacist, PIC, RDPIC, or DMPIC shall state the time the inventory was taken and shall sign and date the inventory with the date the inventory was taken;

(h) the signature of the consulting pharmacist, PIC, RDPIC, or DMPIC and the date of the inventory shall be documented within 72 hours or three working days of the completed initial, annual, change of ownership and closing inventory;

(i) the person taking the inventory shall make an exact count or measure controlled substances listed in Schedule I or II;

(j) the person taking the inventory shall make an estimated count or measure of Schedule III, IV, or V controlled substances, but if the container holds more than 1,000 tablets or capsules, an exact count of the contents shall be made;

(k) the inventory of Schedule I and II controlled substances shall be listed separately from the inventory of Schedule III, IV and V controlled substances; and

(l) if the pharmacy maintains a perpetual inventory of any of the drugs required to be inventoried, the perpetual inventory shall be reconciled on the date of the inventory.

(3) Requirements for taking the initial controlled substances inventory shall include the following:

(a) pharmacies having stock of controlled substances shall take an inventory, including out-of-date drugs and drugs in automated pharmacy systems, on the opening day of business;

(b) if a pharmacy commences business with no Schedule I or II controlled substances, the pharmacy shall record this fact as the initial inventory and shall document Schedule I and II controlled substance inventory separately from an inventory reporting no Schedule III, IV, and V controlled substances;

(c) the initial inventory shall serve as the pharmacy's inventory until the next completed inventory as specified in Subsection (4) of this section; and

(d) when combining two pharmacies, each pharmacy shall:

(i) conduct a separate closing pharmacy inventory of controlled substances on the date of closure; and

(ii) conduct a combined opening inventory of controlled substances for the new pharmacy before opening.

(4) Requirement for annual controlled substances inventory shall be within 12 months following the inventory date of each year and may be taken within four days of the specified inventory date and shall include stocks including out-of-date drugs and drugs in automated pharmacy systems.

(5) Requirements for a qualifying change of ownership shall include the following:

(a) the pharmaceutical facility shall take an inventory of legend drugs and controlled substances including out-of-date drugs and drugs in automated pharmacy systems on the date of the qualifying change of ownership;

(b) such inventory shall constitute the closing inventory for the seller and the initial inventory for the buyer; and

(6) A pharmacy shall maintain a perpetual inventory of Schedule II controlled substances that shall be reconciled according to facility policy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-606 Operating Standards - Pharmacist Preceptor

(1) Under Subsections 58-17b-601(1) and 58-17b-102(50), a pharmacist preceptor shall:

(a) hold an active and good standing pharmacist license to practice in the jurisdiction where the pharmacist is acting as a preceptor; and

(b) have engaged in active practice as a licensed pharmacist for at least one year immediately preceding the internship, in any jurisdiction.

(2) A pharmacist preceptor shall:

(a) ensure or provide as necessary the direct, on-site supervision required under the Vaccine Administration Protocol, and provide general supervision for all other pharmacy intern activities; and

(b) ensure the totality of the internship circumstances are safe and appropriate according to generally recognized industry standards of practice.

(3) A pharmacist preceptor may supervise up to:

(a) two pharmacy interns during a working shift; and

(b) five pharmacy interns at public health outreach programs such as informational health fairs, chronic disease state screening and education programs, or immunization clinics.

(4) A pharmacist preceptor shall document the number of internship hours completed by the pharmacy intern, and evaluate the quality of the pharmacy intern's performance.

(5) A pharmacist preceptor is responsible for the pharmacy intern's actions related to the practice of pharmacy while the pharmacy intern is practicing under the preceptor's supervision.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-607 Operating Standards - Supportive Personnel

(1) Under Subsection 58-17b-102(72)(a), supportive personnel may assist in tasks not related to drug preparation or processing, including:

(a) stock ordering and restocking;

(b) cashiering;

(d) filing;

(e) receiving a written prescription and delivering it to the pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, DMP, or DMP designee;

(f) housekeeping; and

(g) delivering a pre-filled prescription to a patient.

(2) Supportive personnel may not enter information into a patient prescription profile or accept verbal refill information.

(3) Under Subsection 58-17b-102(72)(b), supportive personnel shall be supervised by a licensed pharmacist or DMP who is:

(a) present in the area where the individual being supervised is performing services; and

(b) immediately available to assist the individual being supervised in the services being performed, except for the delivery of pre-filled prescriptions under Subsection (1)(g).

(4) Under Subsection 58-17b-601(1), a pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, DMP, or DMP designee whose license has been revoked or is suspended may not provide support services in a pharmacy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-608 Delivery Via United States Postal Service, Licensed Common Carrier, or Supportive Personnel

(1) A pharmacy that employs the United States Postal Service, common carrier, or supportive personnel to deliver a filled prescription to a patient shall:

(a) use adequate storage or shipping containers and shipping processes to ensure drug stability and potency and appropriate storage temperatures throughout delivery with packaging material and devices recommended by the manufacturer or the United States Pharmacopeia Chapter 1079;

(b) use shipping containers sealed in a manner to detect evidence of opening or tampering;

(c) have policies and procedures to ensure accountability, safe delivery, and compliance with temperature requirements, including when drugs do not arrive on time or there is evidence that the integrity of a drug was compromised and providing for the replacement of those drugs;

(d) provide for an electronic, telephonic, or written communication mechanism to offer counseling to the patient in accordance with Sections 58-17b-613 and R156-17b-610; and

(e) provide information to the patient indicating what the patient should do if the integrity of the packaging or drug was compromised during shipment.

(2) Under Subsection 58-17b-503(2)(c)(iii), to determine that a drug has not been adversely affected by the drug's attempted delivery and return, before the drug is redistributed the pharmacist at the pharmacy shall:

(a) verify that the drug was returned to the original pharmacy within 14 days of the shipped date;

(b) determine in the pharmacist's clinical judgment that the drug's integrity is intact and the security of the drug packaging has not been compromised; and

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-609 Operating Standards - Medication Profile System

In accordance with Subsections 58-17b-601(1) and 58-17b-604(1), the following operating standards shall apply with respect to medication profile systems:

(1) Patient profiles, once established, shall be maintained by a pharmacy dispensing to patients on a recurring basis for a minimum of one year from the date of the most recent prescription filled or refilled; except that a hospital pharmacy may delete the patient profile for an inpatient upon discharge if a record of prescriptions is maintained as a part of the hospital record.

(2) Information to be included in the profile shall be determined by a responsible pharmacist or DMP at the pharmaceutical facility but shall include as a minimum:

(a) full name of the patient, address, telephone number, date of birth or age and gender;

(b) patient history where significant, including known allergies and drug reactions, and a list of prescription drugs obtained by the patient at the pharmacy including:

(i) name of prescription drug;

(ii) strength of prescription drug;

(iii) quantity dispensed;

(iv) date of filling or refilling;

(v) charge for the prescription drug as dispensed to the patient; and

(3) Patient medication profile information shall be recorded by a pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, or DMP designee.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-610 Operating Standards - Patient Counseling

Under Subsection 58-17b-601(1) and Section 58-17b-613, this section establishes guidelines for providing patient counseling.

(1)(a) Counseling shall be offered orally and in person, unless the patient or patient's agent is not at the pharmacy or a specific communication barrier prohibits oral communication.

(b) Counseling may be provided through a telepharmacy system.

(2) A pharmacy facility shall verbally offer the patient or patient's agent counseling as described in Subsection (1), but is not required to provide counseling to a patient or patient's agent who refuses counseling.

(3) Based upon the professional judgment of the pharmacist, pharmacy intern, or DMP, patient counseling may include the following elements:

(a) the name and description of the prescription drug;

(b) the dosage form, dose, route of administration and duration of drug therapy;

(d) any special directions and precautions for preparation, administration and use by the patient;

(e) any common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;

(f) the techniques for self-monitoring drug therapy;

(g) the proper storage;

(h) the prescription refill information;

(i) any action to be taken in the event of a missed dose;

(j) any pharmacist comments relevant to the individual's drug therapy, including any other information specific to the patient or drug; and

(k) the date after which the prescription should not be taken or used, or the beyond use date.

(4)(a) The offer to counsel shall be documented.

(b) Any documentation shall be maintained for five years, and be available for inspection by the Division within seven to ten business days of the Division's request.

(5) Only a pharmacist, pharmacy intern, or DMP may orally provide counseling to a patient or patient's agent and answer questions concerning prescription drugs.

(6) If a prescription drug order is delivered to the patient or patient's agent or other designated location:

(a) the information in Subsection (3) shall be delivered with the dispensed prescription in writing;

(b) if prescriptions are routinely delivered outside the area covered by the pharmacy's local telephone service, the pharmacist shall place on the prescription container or on a separate sheet delivered with the prescription container, the telephone number of the pharmacy and the statement "Written information about this prescription has been provided for you. Please read this information before you take this medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions."; and

(c) the written information under Subsection (6)(b) shall be in the form of patient information leaflets similar to USP- NF patient information monographs or equivalent information.

(7) Patient counseling is not required for patients of a hospital or institution where other licensed health care professionals are authorized to administer the patient's drugs.

(8) A pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive shall:

(a) obtain a completed Utah Hormonal Contraceptive Self-Screening Risk Assessment Questionnaire which can be found on the Division's website at https://dopl.utah.gov/pharmacy/resources; and

(b) provide any other written information and counseling as described in Section 26B-4-506.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-610 5. Dispensing in Emergency Department - Patient's Immediate Need

In accordance with Section 58-17b-610.5, the guidelines for medical practitioners to dispense drugs to a patient in a hospital emergency department are established in this section.

(1) To meet a patient's immediate needs, the prescribing practitioner may provide up to a three-day emergency supply, which is properly labeled according to Subsection R156-17b-610.5(3).

(2) Notwithstanding Subsection R156-17b-610.5(1), the following may be provided:

(a) a seven day supply of sexually-transmitted infections (STI) prophylaxis;

(b) a Naloxone kit.

(3) Labeling of an emergency supply shall at a minimum include:

(a) prescribing practitioner's name, facility name and telephone number;

(b) patient's name;

(d) date given;

(e) instructions for use; and

(f) beyond use date.

(4) Records of controlled substances dispensed by the prescribing practitioner shall be provided to the appropriate pharmacy so that the applicable prescription data can be reported to the Utah Controlled Substance Database.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-610 6. Hospital Pharmacy Dispensing Prescription Drugs to Patients at Discharge to Meet a Patient's Immediate Needs

In accordance with Section 58-17b-610.6, the guidelines for a hospital pharmacy to dispense to an individual who is no longer a patient, on the day discharged from the hospital setting, are established in this section.

(1) The prescription drug shall be dispensed:

(a) during regular inpatient hospital pharmacy hours, by a pharmacist; or

(b) outside of regular inpatient hospital pharmacy hours, by the prescribing practitioner using an appropriately labeled pre-packaged drug.

(2) Labeling for a prescription under Section 58-17b-610.6 shall at a minimum include:

(a) prescribing practitioner's name, facility name, and telephone number;

(b) patient's name;

(d) date given;

(e) instructions for use; and

(f) beyond use date.

(3) Applicable data of controlled substances dispensed shall be reported to the Utah Controlled Substance Database.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-610 7. Partial Filling of a Schedule II Controlled Substance Prescription

In accordance with Section 58-17b-610.7, a pharmacy that partially fills a prescription for a Schedule II controlled substance shall specify by prescription number for each partial fill the:

(a) date;

(b) quantity supplied; and

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-611 Operating Standards - Drug Therapy Management

(1) In accordance with Subsections 58-17b-102(17) and 58-17b-601(1), decisions involving drug therapy management shall be made in the best interest of the patient. Drug therapy management may include:

(a) implementing, modifying and managing drug therapy according to the terms of the Collaborative Pharmacy Practice Agreement;

(b) collecting and reviewing patient histories;

(d) ordering and evaluating the results of laboratory tests directly applicable to the drug therapy, when performed in accordance with approved protocols applicable to the practice setting; and

(e) such other patient care services as may be allowed by rule.

(2) For the purpose of promoting therapeutic appropriateness, a pharmacist shall at the time of dispensing a prescription, or a prescription drug order, review the patient's medication record. Such review shall at a minimum identify clinically significant conditions, situations or items, such as:

(a) inappropriate drug utilization;

(b) therapeutic duplication;

(d) drug-drug interactions;

(e) incorrect drug dosage or duration of drug treatment;

(f) drug-allergy interactions; and

(g) clinical abuse or misuse.

(3) Upon identifying any clinically significant conditions, situations or items listed in Subsection (2) above, the pharmacist shall take appropriate steps to avoid or resolve the problem including consultation with the prescribing practitioner.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-612 Operating Standards - Prescriptions

In accordance with Subsection 58-17b-601(1), the following shall apply to prescriptions:

(1) Prescription orders for controlled substances including prescription transfers shall be handled in accordance with 21 CFR 1306.25 (2021).

(2) A prescription issued by an authorized licensed practitioner, if verbally communicated by an agent of that practitioner upon that practitioner's specific instruction and authorization, may be accepted by a pharmacist, pharmacy intern, or DMP.

(3) A prescription issued by a licensed prescribing practitioner, if electronically communicated by an agent of that practitioner, upon that practitioner's specific instruction and authorization, may be accepted by a pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, DMP, or DMP designee.

(4) In accordance with Sections 58-17b-609 and 58-17b-611, prescription files, including refill information, shall be maintained for a minimum of five years and shall be immediately retrievable in written or electronic format.

(5) In accordance with Section 58-17b-604, prescriptions for legend drugs having a remaining authorization for refill may be transferred by the pharmacist, pharmacy intern, pharmacy technician, at the discretion of the pharmacist on duty, or DMP at the pharmacy holding the prescription to a pharmacist, pharmacy intern, pharmacy technician, or DMP at another pharmacy upon the authorization of the patient to whom the prescription was issued or electronically as authorized under Subsection R156- 17b-613(9). The transferring pharmacist, pharmacy intern, or DMP and receiving pharmacist, pharmacy intern, or DMP shall act diligently to ensure that the total number of authorized refills is not exceeded. The following additional terms apply to such a transfer:

(a) the transfer shall be communicated directly between pharmacists, pharmacy interns, pharmacy technicians or DMPs or as authorized under Subsection R156-17b-613(9);

(b) both the original and the transferred prescription drug orders shall be maintained for a period of five years from the date of the last refill;

(c) the pharmacist, pharmacy intern, or DMP transferring the prescription drug order shall void the prescription electronically or write void or transfer on the face of the invalidated prescription manually;

(d) the pharmacist, pharmacy intern, or DMP receiving the transferred prescription drug order shall:

(i) indicate on the prescription record that the prescription was transferred electronically or manually; and

(ii) record on the transferred prescription drug order the following information:

(A) original date of issuance and date of dispensing or receipt, if different from date of issuance;

(B) original prescription number and the number of refills authorized on the original prescription drug order;

(D) the name and address of the pharmacy and the name of the pharmacist, pharmacy intern, pharmacy technician, or DMP to whom such prescription is transferred; and

(E) the name of the pharmacist, pharmacy intern, or DMP transferring the prescription drug order information;

(e) the data processing system shall have a mechanism to prohibit the transfer or refilling of legend drugs or controlled substance prescription drug orders that have been previously transferred; and

(f) a pharmacist, pharmacy intern, pharmacy technician, or DMP may not refuse to transfer original prescription information to another pharmacist, pharmacy intern, pharmacy technician, or DMP who is acting on behalf of a patient and who is making a request for this information as specified in Subsection (12) of this section.

(6) Prescriptions for terminal patients in licensed hospices, home health agencies or nursing homes may be partially filled if the patient has a medical diagnosis documenting a terminal illness and may not need the full prescription amount.

(7) Refills may be dispensed only in accordance with the prescriber's authorization as indicated on the original prescription drug order.

(8) If there are no refill instructions on the original prescription drug order, or if refills authorized on the original prescription drug order have been dispensed, authorization from the prescribing practitioner shall be obtained prior to dispensing any refills.

(9) Refills of prescription drug orders for legend drugs may not be refilled after one year from the date of issuance of the original prescription drug order without obtaining authorization from the prescribing practitioner prior to dispensing any additional quantities of the drug.

(10) Refills of prescription drug orders for controlled substances shall be done in accordance with Subsection 58-37- 6(7)(f).

(11) A pharmacist or DMP may exercise professional judgment in refilling a prescription drug order for a drug, other than a Schedule II controlled substance, without the authorization of the prescribing practitioner, if:

(a) the quantity of prescription drug dispensed does not exceed a 72-hour supply, unless the packaging is in a great quantity;

(b) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;

(i) a natural or manmade disaster has occurred that prohibits the pharmacist or DMP from being able to contact the practitioner; or

(ii) the pharmacist or DMP is unable to contact the practitioner after a reasonable effort, with the effort documented and the documentation available to the Division upon request;

(d) if the prescription was originally filled at another pharmacy:

(i) the patient has the prescription container label, receipt, or other documentation from the other pharmacy that contains the essential information; and

(ii) after a reasonable effort, the pharmacist or DMP is unable to contact the other pharmacy to transfer the remaining prescription refills or there are no refills remaining on the prescription; and

(e) the pharmacist or DMP:

(i) informs the patient or patient's agent at the time of dispensing that the refill is being provided without practitioner authorization, and that authorization is required for future refills;

(ii) informs the practitioner of the emergency refill at the earliest reasonable time;

(iii) maintains a record of the emergency refill containing the information required to be maintained on a prescription as specified in this subsection; and

(iv) affixes a label to the dispensing container as specified in Section 58-17b-602.

(12) The address specified in Subsection 58-17b-602(1)(b) shall be a physical address, not a post office box.

(13) In accordance with Subsection 58-37-6(7)(e), a prescription may not be written, issued, filled, or dispensed for a Schedule I controlled substance unless:

(a) the person who writes the prescription is licensed to prescribe Schedule I controlled substances; and

(b) the prescribed controlled substance is to be used in research.

(14) A pharmacist or pharmacy intern may dispense an emergency refill prescription for a drug a patient is currently using and on file with the pharmacy, other than a controlled substance, without the prescribing practitioner's authorization if they are not available promptly, in accordance with Section 58-17b-608, for:

(a) a 30 day supply with the prescribing practitioners instructions; or

(b) the quantity last dispensed at the pharmacy pursuant to the prescription as either a fill or a refill.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-612a Operating Standards - Prescription Devices

(1) In accordance with Subsections 58-17b-601(1) and 58-17b-610.8, the operating standards for prescription devices are established in this section.

(2) The prescribing practitioner identified on the prescription document under Subsection 58-17-610.8(1) is the prescriber for the prescription device described in Subsection 58-17b-610.8(3).

(3) The pharmacist or pharmacy intern dispensing the prescription device shall determine the following:

(a) an appropriate dispense quantity;

(b) directions for device use; and

(4) Each prescription device dispensed by a pharmacist or pharmacy intern shall be:

(a) dispensed in accordance with Subsection 58-17b-602(1)(a) through (e) and Section 58-17b-609; and

(b) dispensed from a Class A or Class B pharmacy.

(5)(a) Notice of the prescription device dispense shall be conveyed to the prescribing practitioner in writing, by electronic transmission, or by telephone within five business days following the prescription device dispense.

(b) The prescription device dispense notice shall include the following:

(i) pharmacy name;

(ii) pharmacy phone number;

(iii) patient;

(iv) dispensed quantity;

(v) directions for use; and

(vi) refill.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-612b Operating Standards - Insulin Prescription and Diabetes Supplies

(1) Under Subsection 58-17b-601(1) and Section 58-17b-608.2, the operating standards for dispensing an exhausted prescription for insulin are as follows:

(a) Under Subsection 58-17b-608.2(3), a refill for an exhausted prescription in an amount up to a supply for 60 days may be for the nearest available package size.

(b) The pharmacist who dispenses a refill of an exhausted prescription of insulin shall obtain:

(i) the prescribing information for the insulin;

(ii) prescription directions; and

(iii) other documentation based on the pharmacist's clinical judgment.

(c) The pharmacist shall document the following on the exhausted prescription refill hard copy or in the medication profile system:

(i) the information described in Subsection (1)(b);

(ii) the method of the attempt under Subsection 58-17b-608.2(5)(a) to contact the patient's prescribing practitioner; and

(iii) the method of the notification to the patient under Subsection 58-17b-608.2(5)(b) regarding the outcome of the attempt to contact the prescribing practitioner.

(d) An exhausted prescription refill label shall state "exhausted prescription."

(2) Under Subsection 58-17b-608.2(7)(f), a pharmacist may dispense a therapeutic equivalent when filling a prescription for supplies for treating diabetes that are listed on the Division's website at https://dopl.utah.gov/pharm.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-612c Operating Standards -- Therapeutically Similar Drug Products

(1) The Division shall maintain the list of therapeutically similar drug products under Subsection 58-17b-605(9)(a) on the Division's website at https://dopl.utah.gov/pharm.

(2) The Division may not add or remove a therapeutically similar drug product from the list without specific resolutions, passed by both the Board and the Medical Licensing Board, stating that they do not object to the addition or removal of the therapeutically similar drug.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-613 Operating Standards - Issuing Prescription Orders by Electronic Means

In accordance with Rules R156-1 and R156-37, and Subsections 58-17b-102(29), 58-17b-102(30), 58-17b-602(1), prescription orders may be issued by electronic means of communication according to the following standards:

(1) Prescription orders for Schedule II - V controlled substances received by electronic communication shall be handled according to 21 CFR 1304.06 (2021).

(2) Prescription orders for non-controlled substances received by electronic communication may be dispensed by a pharmacist, pharmacy intern, or DMP only if the following conditions are satisfied:

(a) Electronically transmitted prescription orders shall include the following:

(i) information that is required to be contained in a prescription order pursuant to Section 58-17b-602;

(ii) the time and date of the transmission, and if a facsimile transmission, the electronically encoded date, time, and fax number of the sender; and

(iii) the name of the pharmacy intended to receive the transmission.

(b) A prescription order shall be transmitted under the direct supervision of the prescribing practitioner or the prescribing practitioner's designated agent.

(c) The pharmacist or DMP shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription.

(d) A practitioner or the practitioner's agent shall provide voice verification when requested by the pharmacist receiving a medication order.

(e) The pharmacist, pharmacy intern, pharmacy technician at the discretion of the pharmacist on duty, or DMP shall assure that each electronically transferred prescription order is valid and shall authenticate a prescription order issued by a prescribing practitioner that has been transmitted to the dispensing pharmacy before filling it, whenever there is a question.

(f)(i) A practitioner may authorize an agent to electronically transmit a prescription if the agent's identifying information is on the transmission.

(ii) The practitioner's electronic signature, or other secure method of validation, shall be provided with the electronic prescription.

(3) an electronically transmitted prescription order that meets the requirements of Subsection (2) shall be the original prescription.

(4) This section does not apply to the use of electronic equipment to transmit prescription orders within inpatient medical facilities.

(5) An agreement between a prescribing practitioner and a pharmacy may not require that prescription orders be transmitted by electronic means from the prescribing practitioner only to that pharmacy.

(6) The pharmacist or DMP shall retain a printed copy of an electronic prescription, or a record of an electronic prescription that is readily retrievable and printable, for a minimum of five years. The printed copy shall be of non-fading legibility.

(7) Wholesalers, distributors, manufacturers, pharmacists, and pharmacies may not supply electronic equipment to a prescriber for transmitting prescription orders.

(8) An electronically transmitted prescription order shall be transmitted to the pharmacy of the patient's choice.

(9) Prescription orders electronically transmitted to the pharmacy by the patient may not be filled or dispensed.

(10) A prescription order for a legend drug or controlled substance in Schedule III through V may be transferred up to the maximum refills permitted in accordance with 21 CFR 1306.22 (2021) or by the prescriber by electronic transmission, if:

(a) the pharmacies share a real-time, online database;

(b) the information required to be on the transferred prescription has the same information described in Subsection R156-17b-612(5)(a) through (f); and

(c) pharmacists, pharmacy interns, pharmacy technicians, or pharmacy technician trainees, DMPs, and DMP designees electronically accessing the same prescription drug order records may electronically transfer prescription information if the data processing system has a mechanism to send a message to the transferring pharmacy containing the following information:

(i) the fact that the prescription drug order was transferred;

(ii) the unique identification number of the prescription drug order transferred;

(iii) the name of the pharmacy to which it was transferred; and

(iv) the date and time of the transfer.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614a Operating Standards - Class A or Class B Pharmacy - General Operating Standards

In accordance with Subsection 58-17b-601(1), the following operating standards apply to Class A and Class B pharmacies, and may be supplemented or amended by additional standards in this rule applicable to specific types of Class A and B pharmacies.

(1) The general operating standards include:

(a) A facility shall be well lighted, well ventilated, clean and sanitary.

(b) A facility that transfers a drug from a manufacturer's or distributor's original container to another container shall have a sink with hot and cold culinary water separate and apart from restroom facilities. This sink requirement does not apply to clean rooms where sterile products are prepared. Clean rooms may not have sinks or floor drains.

(d) A facility shall be equipped to store prescription drugs and durable medical equipment:

(i) in an orderly manner that permits clear identification, separation, and easy retrieval of products; and

(ii) in an environment necessary to maintain the integrity of the product inventory.

(e) A facility shall be equipped to permit practice within the standards and ethics of the profession as dictated by the usual and ordinary scope of practice conducted within that facility.

(f) A facility shall be stocked with the quality and quantity of product necessary for the facility to meet its scope of practice in a manner consistent with the public safety.

(g) A facility that dispenses controlled substances shall be equipped with a security system that:

(i) permits detection of entry at all times when the facility is closed; and

(ii) provides notice of unauthorized entry to an individual.

(h) A pharmacy department shall:

(i) be equipped with a lock where drugs are stored; and

(ii) be securely locked when the pharmacy department is closed.

(i) A facility shall have a counseling area to allow for confidential patient counseling, if applicable.

(2)(a) Prescription labels for compounded sterile and non-sterile medications, when dispensed to the patient or patient's agent, shall include:

(i) the minimum information required under Section 58-17b-602;

(ii) generic name;

(iii) quantity or concentration of each active ingredient; and

(iv) labeling for sterile preparation for parenteral use shall include:

(A) the name of the diluent;

(B) assigned compounding record or lot number; and

(b) The requirements described in Subsections (2)(a)(i) and (2)(a)(iv) shall not apply to a label on the container of a drug that a health care provider administers to a patient at:

(i) a pharmaceutical administration facility; or

(ii) a hospital licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

(3) The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of drugs. If a refrigerator or freezer is necessary to properly store drugs at the pharmacy, the pharmacy shall keep a daily written or electronic log of the temperature of the refrigerator or freezer on days of operation. The pharmacy shall retain each log entry for at least three years.

(4) A facility shall have current editions of the following reference publications in print or electronic format, that are readily available to and retrievable by facility personnel:

(a) Title 58, Chapter 1, Division of Occupational and Professional Licensing Act;

(b) Rule R156-1, General Rule of the Division of Occupational and Professional Licensing;

(d) Rule R156-17b, Utah Pharmacy Practice Act Rule;

(e) Title 58, Chapter 37, Utah Controlled Substances Act;

(f) Rule R156-37, Utah Controlled Substances Act Rule;

(g) Title 58, Chapter 37f, Controlled Substance Database Act;

(h) R156-37f, Controlled Substance Database Act Rule;

(i) 21 CFR 1300 et seq. (2021) or equivalent such as the USP DI Drug Reference Guides;

(j) current FDA-Approved Drug Products; and

(k) any other general drug references necessary to permit practice, as dictated by the usual and ordinary scope of practice conducted within that facility.

(5)(a) A facility shall maintain a current list of licensed employees involved in the practice of pharmacy at the facility, that includes:

(i) individual licensee names;

(ii) license classifications;

(iii) license numbers; and

(iv) license expiration dates.

(b) The list shall be readily retrievable for inspection by the Division, and may be maintained in paper or electronic form.

(6) A pharmacy may not dispense a prescription drug or device to a patient unless a pharmacist or DMP is physically present and immediately available in the facility, or, for a remote dispensing pharmacy, physically present and immediately available in the facility or supervising through a telepharmacy system.

(7) Only a licensed Utah pharmacist, DMP, or authorized personnel shall have access to the pharmacy when the pharmacy is closed.

(8) The facility or parent company shall maintain a record for at least five years of the initials or identification codes that identify each dispensing pharmacist or DMP by name. The initials or identification code shall be unique to ensure that each pharmacist or DMP can be identified; therefore identical initials or identification codes may not be used.

(9) The pharmacy facility shall maintain:

(a) copy 3 of DEA order form 222 that has been properly dated, initialed, and filed;

(b) copies of each unaccepted or defective order form; and

(10) If applicable, a hard copy of a power of attorney authorizing a pharmacist, DMP, or DMP designee to sign DEA order form 222 shall be available to the Division upon request.

(11) A pharmacist, DMP, or other responsible individual shall verify that controlled substances are listed on the suppliers' invoices and were actually received, by clearly recording their initials and the actual date of receipt of the controlled substances.

(12) The facility shall maintain a record of suppliers' credit memos for controlled substances.

(13) A copy of the inventories required under Section R156-17b-605 shall be made available to the Division when requested.

(14) The facility shall maintain hard copy reports of surrender or destruction of controlled substances and legend drugs submitted to appropriate state or federal agencies.

(15) If the pharmacy does not store drugs in a locked cabinet and has a drop or false ceiling, the pharmacy's perimeter walls shall extend to the hard deck, or the pharmacy shall take other measures to prevent unauthorized entry into the pharmacy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614b Operating Standards - Class B pharmacy designated as a Branch Pharmacy

In accordance with Subsections 58-17b-102(8) and 58-1-301(3), the qualifications for designation as a branch pharmacy include the following:

(1) The Division, in collaboration with the Board, shall approve the location of each branch pharmacy. The following shall be considered in granting such designation:

(a) the distance between or from nearby alternative pharmacies and all other factors affecting access of persons in the area to alternative pharmacy resources;

(b) the availability at the location of qualified persons to staff the pharmacy, including the physician, physician assistant or advanced practice registered nurse;

(c) the availability and willingness of a parent pharmacy and supervising pharmacist to assume responsibility for the branch pharmacy;

(d) the availability of satisfactory physical facilities in which the branch pharmacy may operate; and

(e) the totality of conditions and circumstances which surround the request for designation.

(2) A branch pharmacy shall be licensed as a pharmacy branch of an existing Class A or B pharmacy licensed by the Division.

(3) The application for designation of a branch pharmacy shall be submitted by the licensed parent pharmacy seeking such designation. In the event that more than one licensed pharmacy makes application for designation of a branch pharmacy location at a previously undesignated location, the Division in collaboration with the Board shall review all applications for designation of the branch pharmacy and, if the location is approved, shall approve for licensure the applicant determined best able to serve the public interest as identified in Subsection (1).

(4) The application shall include the following:

(a) complete identifying information concerning the applying parent pharmacy;

(b) complete identifying information concerning the designated supervising pharmacist employed at the parent pharmacy;

(d) specific formulary to be stocked indicating with respect to each prescription drug, the name, the dosage strength and dosage units in which the drug will be prepackaged;

(e) complete identifying information concerning each person located at the branch pharmacy who will dispense prescription drugs in accordance with the approved protocol; and

(f) protocols under which the branch pharmacy will operate and its relationship with the parent pharmacy to include the following:

(i) the conditions under which prescription drugs will be stored, used and accounted for;

(ii) the method by which the drugs will be transported from parent pharmacy to the branch pharmacy and accounted for by the branch pharmacy; and

(iii) a description of how records will be kept with respect to:

(A) formulary;

(B) changes in formulary;

(D) record of drugs received by the branch pharmacy;

(E) record of drugs dispensed;

(F) periodic inventories; and

(G) any other record contributing to an effective audit trail with respect to prescription drugs provided to the branch pharmacy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614c Operating Standards - Class B - Pharmaceutical Administration Facility

In accordance with Subsections 58-17b-102(44) and 58-17b-601(1), the following operating standards apply to prescription drugs that are held, stored, or otherwise under the control of a pharmaceutical administration facility for administration to patients:

(1) The licensed consulting pharmacist shall provide consultation on each aspect of pharmacy services in the facility; establish a system of records of receipt and disposition of controlled substances in sufficient detail to enable an accurate reconciliation; and determine that drug records are in order and that an account of all controlled substances is maintained and periodically reconciled.

(2) Authorized destruction of prescription drugs shall be witnessed by the medical or nursing director or a designated physician, registered nurse or other licensed person employed in the facility and the consulting pharmacist or licensed pharmacy technician, and shall be in compliance with 21 CFR 1317 (2021).

(3) Prescriptions for patients in the facility may be verbally requested by a licensed prescribing practitioner and may be entered as the prescribing practitioner's order; but the practitioner must personally sign the order in the facility record within 72 hours if a Schedule II controlled substance and within 30 days if any other prescription drug. The prescribing practitioner's verbal order may be copied and forwarded to a pharmacy for dispensing and may serve as the pharmacy's record of the prescription order.

(4) Prescriptions for controlled substances for patients in Class B pharmaceutical administration facilities shall be dispensed according to Title 58, Chapter 37, Utah Controlled Substances Act, and Rule R156-37, Utah Controlled Substances Act Rules.

(5) Requirements for emergency drug kits shall include:

(a) an emergency drug kit may be used by pharmaceutical administration facilities. The emergency drug kit shall be considered to be a physical extension of the pharmacy supplying the emergency drug kit and shall remain under the ownership of that pharmacy;

(b) the contents and quantity of drugs and supplies in the emergency drug kit shall be determined by the Medical Director or Director of Nursing of the pharmaceutical administration facility and the consulting pharmacist of the supplying pharmacy;

(d) the emergency kit shall be used only for bona fide emergencies and only when medications cannot be obtained from a pharmacy in a timely manner;

(e) records documenting the receipt and removal of drugs in the emergency kit shall be maintained by the facility and the pharmacy;

(f) the pharmacy shall be responsible for ensuring proper storage, security and accountability of the emergency kit and shall ensure that:

(i) the emergency kit is stored in a locked area and is locked itself; and

(ii) emergency kit drugs are accessible only to licensed physicians, physician assistants and nurses employed by the facility;

(g) the contents of the emergency kit, the approved list of contents and related records shall be made freely available and open for inspection to appropriate representatives of the Division and the Utah Department of Health.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614d Operating Standards - Class B - Nuclear Pharmacy

(1) In accordance with Subsection 58-17b-601(1), the operating standards for a Class B pharmacy designated as a nuclear pharmacy are established in this section.

(2) A nuclear pharmacy shall have the following:

(a) have applied for or possess a current Utah Radioactive Materials License; and

(b) adequate space and equipment commensurate with the scope of services required and provided.

(3) Nuclear pharmacies shall only dispense radiopharmaceuticals that comply with acceptable standards of quality assurance.

(4) Nuclear pharmacies shall maintain a library commensurate with the level of radiopharmaceutical service to be provided.

(5)(a) A licensed Utah pharmacist shall be immediately available on the premises at any time when the facility is open or available to engage in the practice of pharmacy.

(b) In addition to Utah licensure, the pharmacist shall have classroom and laboratory training and experience as required by the Utah Radiation Control Rules.

(6) This rule does not prohibit:

(a) a licensed pharmacy intern or technician from acting under the direct supervision of a pharmacist preceptor who meets the requirements to supervise a nuclear pharmacy; or

(b) a Utah Radioactive Materials license from possessing and using radiopharmaceuticals for medical use.

(7) A hospital nuclear medicine department or an office of a physician-surgeon, osteopathic physician-surgeon, veterinarian, podiatric physician or dentist that has a current Utah Radioactive Materials License does not require licensure as a Class B pharmacy.

(8) A nuclear pharmacy preparing sterile compounds shall follow the USP-NF Chapter 797 Compound for sterile preparations.

(9) A nuclear pharmacy preparing medications for a specific person shall be licensed as a Class B - nuclear pharmacy if located in Utah, and as a Class D pharmacy if located outside of Utah.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614e Operating Standards - Compounding

(1) A licensee engaging in sterile or nonsterile compounding shall practice in accordance with applicable federal and state laws and rules, and in accordance with the USP-NF, including:

(a)(i) USP <797> Pharmaceutical Compounding - Sterile Preparations;

(ii) except that a smoke study is required only on new construction of a facility, or if physically moving equipment within the clean room;

(b) USP <795> Pharmaceutical Compounding - Nonsterile Preparations; and

(2) These operating standards shall apply:

(a) to any pharmacy or individual licensed under Title 58, Chapter 17b, Pharmacy Practice Act, that engages in compounding; and

(b) to the compounding of all sterile or nonsterile compounded pharmaceuticals, antineoplastic drugs, or non- antineoplastic drugs, no matter where the patient is located.

(3) On or before December 31, 2025, a licensed pharmacy engaging in sterile or nonsterile hazardous drug compounding with antineoplastic drugs according to the NIOSH list under USP <797> and USP <795>, shall practice in accordance with applicable federal and state laws and rules, and in accordance with the requirements of USP <800>, Hazardous Drugs ‐ Handling in Healthcare Settings listed in Subsection (4).

(4) A licensed pharmacy compounding sterile or non-sterile non-antineoplastic hazardous drugs shall:

(a) compound sterile or nonsterile hazardous non‐antineoplastic drugs in:

(i) a double‐HEPA filtered or externally vented containment ventilated exposure (CVE);

(ii) a class II biological safety cabinet (BSC);

(iii) a compounding aseptic containment isolator (CACI); or

(iv) a laminar airflow workbench (LAFW), compounding aseptic isolator (CAI) may be used for the compounding of non-antineoplastic HD in accordance with a hazardous drug risk assessment as defined in USP <800> Section 2 Box 1;

(b)(i) clearly mark and identify hazardous API;

(ii)(A) store it in a designated area separate from all other medications;

(B) the designated area does not require a separate room;

(i) 1. INTRODUCTION AND SCOPE;

(ii) 3. TYPES OF EXPOSURE;

(iii) 5. FACILITIES AND ENGINEERING CONTROLS;

(iv) 6. ENVIRONMENTAL QUALITY AND CONTROL;

(v) 14. ADMINISTERING;

(vi) 16. SPILL CONTROL;

(vii) 17. DOCUMENTATION AND STANDARD OPERATING PROCEDURES, as follows:

(A) a licensed pharmacy shall generally adhere to the documentation and standard operating procedures listed in USP <800> Section 17, except those listed in (vii)(B);

(B) a licensed pharmacy need not adhere to:

(I) environmental monitoring including wipe sampling; and

(II) medical surveillance; and

(viii) 18. MEDICAL SURVEILLANCE.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614f Operating Standards - Central Prescription Processing

In accordance with Subsection 58-17b-601(1), this section establishes the operating standards for pharmacies that engage in central prescription processing as defined in Subsection 58-17b-102(9).

(1) Centralized prescription processing services may be performed if the parties:

(a) have common ownership or common administrative control; or

(b) have a written contract outlining the services to be provided and the responsibilities and accountabilities of each party in fulfilling the terms of said contract; and

(c) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to fill or refill a prescription drug order.

(2) The parties performing or contracting for centralized prescription processing services shall maintain a policy and procedures manual, and documentation of implementation, which shall be made available to the Division upon inspection and which includes the following:

(a) a description of how the parties will comply with federal and state laws and regulations;

(b) appropriate records to identify the responsible pharmacists and the dispensing and counseling process;

(d) a description of adequate security to protect the integrity and prevent the illegal use or disclosure of protected health information; and

(e) a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems.

(3)(a) "Non drug or device handling central prescription processing pharmacies", as defined in Subsection R156-17b- 102(43), shall be licensed as Class E pharmacies.

(b) All other central prescription processing pharmacies shall be licensed in the appropriate pharmacy license classification.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-614g Operating Standards - Class A or Class B Pharmacy - Remote Dispensing Pharmacy

(1) In accordance with Subsections 58-17b-102(58), 58-17b-601(1), 58-17b-612(1)(b), and 58-1-301(3), the operating standards for a remote dispensing pharmacy are established in this section.

(2) A remote dispensing pharmacy shall:

(a) be a Class A or Class B pharmacy;

(b) have a Class A or Class B pharmacy serve as its supervising pharmacy to oversee its operations; and

(3) A remote dispensing pharmacy may not perform compounding.

(4)(a) The supervising pharmacy's PIC shall serve as the remote dispensing pharmacy's RDPIC, who is responsible for any remote dispensing pharmacy operations.

(b) An RDPIC may not serve as the RDPIC for more than one remote dispensing pharmacy, unless approved by the Division in collaboration with the Board.

(5)(a) At any time that a remote dispensing pharmacy is open and available to serve patients, its pharmacy technicians shall be physically or electronically supervised by a pharmacist from the supervising pharmacy, under Subsection 58-17b- 102(71).

(b) In accordance with Subsections 58-17b-612(1)(b) and (d) a pharmacist may oversee the operation of up to two remote dispensing pharmacies simultaneously.

(c) Unless a pharmacist is physically present, a remote dispensing pharmacy shall be staffed by no more than two licensed pharmacy technicians.

(d) Each pharmacy technician staffing a remote dispensing pharmacy shall have at least 500 hours of pharmacy technician experience.

(e)(i) Adequate supervision by a pharmacist of a remote dispensing pharmacy shall include maintaining uninterrupted visual supervision and auditory communication with the site, and full supervisory control of the automated system, if applicable.

(ii) A supervising pharmacist may not delegate supervision to any other person.

(6) The supervising pharmacy shall maintain a surveillance system and telepharmacy system that provides for effective video and audio communication between supervising pharmacy personnel and remote dispensing pharmacy personnel and patients that includes the following features:

(a) provides comprehensive views of the entire site;

(b) facilitates adequate pharmacist supervision;

(c) allows the appropriate exchanges of visual, verbal, and written communication for patient counseling and other matters involved in the lawful transaction or dispensing of drugs;

(d) confirms that the drug selected to fill the prescription is the same as indicated on the prescription label and prescription; and

(e) is secure and HIPAA compliant as defined in Subsection R156-17b-102(67).

(7)(a) Each component of the telepharmacy system shall be in good working order.

(b) If a component of the system is malfunctioning, the remote dispensing pharmacy shall immediately close to the public and remain closed until system corrections or repairs are completed, unless a pharmacist is present onsite.

(8)(a) The supervising pharmacy shall develop and include in both the supervising pharmacy's and the remote dispensing pharmacy's policies and procedures a plan for continuation of pharmaceutical services by the remote dispensing pharmacy in case of an emergency interruption.

(b)(i) The plan shall address the timely arrival at the remote dispensing pharmacy of necessary personnel, and the delivery to the remote dispensing pharmacy of necessary supplies, within a reasonable period following the identification of an emergency need.

(ii) A pharmacist shall be available onsite at the remote dispensing pharmacy as soon as possible after an emergency and shall notify the Division in writing if the time exceeds 24 hours.

(c) The plan may provide for alternate methods of continuation of the services of the remote dispensing pharmacy, including personal delivery of patient prescription medications from an alternate pharmacy location or on-site pharmacist staffing at the remote dispensing pharmacy.

(9)(a)(i) The remote dispensing pharmacy's security system shall track entries into the remote dispensing pharmacy.

(ii) The RDPIC shall periodically review the record of entries.

(b) A remote dispensing pharmacy shall display a sign easily visible to the public that informs patients of the following:

(i) that the pharmacy is a remote dispensing pharmacy;

(ii) the location of the supervising pharmacy; and

(iii) that at the patient's request a pharmacist will counsel the patient using audio and video communication systems.

(10)(a)(i) The supervising pharmacy shall maintain records of the orders entered into its information system, including orders entered from the remote dispensing pharmacy.

(ii) Electronic records shall be available to and accessible from both the remote dispensing pharmacy and the supervising pharmacy.

(iii) The original records of the controlled substance prescriptions dispensed from the remote dispensing pharmacy shall be maintained at the remote dispensing pharmacy.

(b) The remote dispensing pharmacy shall retain a recording of surveillance, excluding patient communications, for at least 45 days.

(c)(i) The RDPIC shall oversee documented monthly inspections of the remote dispensing pharmacy.

(ii) Documentation of the inspections shall be kept for five years, and shall include:

(A) maintenance and reconciliation of any controlled substance;

(B) a perpetual inventory of Schedule II controlled substances;

(D) the RDPIC's periodic review of the record of entries into the remote dispensing pharmacy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-615 Operating Standards - Class C Pharmacy - Pharmaceutical Wholesaler/Distributor and Pharmaceutical Manufacturer

In accordance with Subsections 58-17b-102(47) and 58-17b-601(1), the operating standards for Class C pharmacies designated as pharmaceutical wholesaler/distributor and pharmaceutical manufacturer licensees includes the following:

(1) Each pharmaceutical wholesaler or manufacturer that distributes or manufactures drugs or medical devices in Utah shall be licensed by the Division. A separate license shall be obtained for each separate location engaged in the distribution or manufacturing of prescription drugs. Business names cannot be identical to the name used by another unrelated wholesaler licensed to purchase drugs and devices in Utah.

(2) Manufacturers distributing only their own FDA-approved:

(a) prescription drugs or prescription drugs that are co-licensed products satisfy the requirement in Subsection (1) by registering their establishment with the FDA pursuant to 21 CFR Part 207 and submitting the information required by 21 CFR Part 205 including any amendments thereto, to the Division; or

(b) devices or devices that are co-licensed products, including products packaged with devices, such as convenience kits, that are exempt from the definition of transaction in 21 USC sec. 360eee (24)(B)(xii-xvi) satisfy the requirement in Subsection (1) by registering their establishment with the FDA pursuant to 21 CFR.

(3) An applicant for licensure as a pharmaceutical wholesale distributor shall provide the following minimum information:

(a) All trade or business names used by the licensee (including "doing business as" and "formerly known as");

(b) Name of the owner and operator of the license as follows:

(i) if a person, the name, business address, social security number and date of birth;

(ii) if a partnership, the name, business address, and social security number and date of birth of each partner, and the partnership's federal employer identification number;

(iii) if a corporation, the name, business address, social security number and date of birth, and title of each corporate officer and director, the corporate names, the name of the state of incorporation, federal employer identification number, and the name of the parent company, if any, but if a publicly traded corporation, the social security number and date of birth for each corporate officer shall not be required;

(iv) if a sole proprietorship, the full name, business address, social security number and date of birth of the sole proprietor and the name and federal employer identification number of the business entity;

(v) if a limited liability company, the name of each member, social security number of each member, the name of each manager, the name of the limited liability company and federal employer identification number, and the name of the state where the limited liability company was organized; and

(4) The licensed facility need not be under the supervision of a licensed pharmacist, but shall be under the supervision of a designated representative who meets the following criteria:

(a) is at least 21 years of age;

(b) has been employed full time for at least three years in a pharmacy or with a pharmaceutical wholesaler in a capacity related to the dispensing and distribution of, and recordkeeping related to prescription drugs;

(d) is actively involved in and aware of the actual daily operation of the pharmaceutical wholesale distribution;

(e) is physically present at the facility during regular business hours, except when the absence of the designated representative is authorized, including but not limited to, sick leave and vacation leave; and

(f) is serving in the capacity of a designated representative for only one licensee at a time.

(5) The licensee shall provide the name, business address, and telephone number of a person to serve as the designated representative for each facility of the pharmaceutical wholesaler that engages in the distribution of drugs or devices.

(6) All pharmaceutical wholesalers and manufacturer shall publicly display or have readily available all licenses and the most recent inspection report administered by the Division.

(7) All Class C pharmacies shall:

(a) be of suitable size and construction to facilitate cleaning, maintenance and proper operations;

(b) have storage areas designed to provide adequate lighting, ventilation, sanitation, space, equipment and security conditions;

(c) have the ability to control temperature and humidity within tolerances required by all prescription drugs and prescription drug precursors handled or used in the distribution or manufacturing activities of the applicant or licensee;

(d) provide for a quarantine area for storage of prescription drugs and prescription drug precursors that are outdated, damaged, deteriorated, misbranded, adulterated, opened or unsealed containers that have once been appropriately sealed or closed or in any other way unsuitable for use or entry into distribution or manufacturing;

(e) be maintained in a clean and orderly condition; and

(f) be free from infestation by insects, rodents, birds or vermin of any kind.

(8) Each facility used for wholesale drug distribution or manufacturing of prescription drugs shall:

(a) be secure from unauthorized entry;

(b) limit access from the outside to a minimum in conformance with local building codes, life and safety codes and control access to persons to ensure unauthorized entry is not made;

(c) limit entry into areas where prescription drugs, prescription drug precursors, or prescription drug devices are held to authorized persons who have a need to be in those areas;

(d) be well lighted on the outside perimeter;

(e) be equipped with an alarm system to permit detection of entry and notification of appropriate authorities at all times when the facility is not occupied for the purpose of engaging in distribution or manufacturing of prescription drugs; and

(f) be equipped with security measures, systems and procedures necessary to provide reasonable security against theft and diversion of prescription drugs or alteration or tampering with computers and records pertaining to prescription drugs or prescription drug precursors.

(9) Each facility shall provide the storage of prescription drugs, prescription drug precursors, and prescription drug devices in accordance with the following:

(a) all prescription drugs and prescription drug precursors shall be stored at appropriate temperature, humidity and other conditions in accordance with labeling of such prescription drugs or prescription drug precursors or with requirements in the USP-NF;

(b) if no storage requirements are established for a specific prescription drug, prescription drug precursor, or prescription drug devices, the products shall be held in a condition of controlled temperature and humidity as defined in the USP- NF to ensure that its identity, strength, quality and purity are not adversely affected; and

(c) there shall be established a system of manual, electromechanical or electronic recording of temperature and humidity in the areas in which prescription drugs, prescription drug precursors, and prescription drug devices are held to permit review of the record and ensure that the products have not been subjected to conditions that are outside of established limits.

(10) Each person who is engaged in pharmaceutical wholesale distribution of prescription drugs for human use that leave, or have ever left, the normal distribution channel shall, before each pharmaceutical wholesale distribution of such drug, provide a pedigree to the person who receives such drug. A retail pharmacy or pharmacy warehouse shall comply with the requirements of this section only if the pharmacy engages in pharmaceutical wholesale distribution of prescription drugs. The pedigree shall:

(a) include all necessary identifying information concerning each sale in the chain of distribution of the product from the manufacturer, through acquisition and sale by any pharmaceutical wholesaler, until sale to a pharmacy or other person dispensing or administering the prescription drug. At a minimum, the necessary chain of distribution information shall include:

(i) name, address, telephone number, and if available, the email address of each owner of the prescription drug, and each pharmaceutical wholesaler of the prescription drug;

(ii) name and address of each location from which the product was shipped, if different from the owner's;

(iii) transaction dates;

(iv) name of the prescription drug;

(v) dosage form and strength of the prescription drug;

(vi) size of the container;

(vii) number of containers;

(viii) lot number of the prescription drug;

(ix) name of the manufacturer of the finished dose form; and

(x) National Drug Code (NDC) number.

(b) be maintained by the purchaser and the pharmaceutical wholesaler for five years from the date of sale or transfer and be available for inspection or use upon a request of an authorized officer of the law.

(11) Each facility shall comply with the following requirements:

(a) in general, each person who is engaged in pharmaceutical wholesale distribution of prescription drugs shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the prescription drugs. These records shall include pedigrees for all prescription drugs that leave the normal distribution channel;

(b) upon receipt, each outside shipping container containing prescription drugs, prescription drug precursors, or prescription drug devices shall be visibly examined for identity and to prevent the acceptance of prescription drugs, prescription drug precursors, or prescription drug devices that are contaminated, reveal damage to the containers or are otherwise unfit for distribution:

(i) prescription drugs, prescription drug precursors, or prescription drug devices that are outdated, damaged, deteriorated, misbranded, adulterated or in any other way unfit for distribution or use in manufacturing shall be quarantined and physically separated from other prescription drugs, prescription drug precursors or prescription drug devices until they are appropriately destroyed or returned to their supplier; and

(ii) any prescription drug or prescription drug precursor whose immediate sealed or outer secondary sealed container has been opened or in any other way breached shall be identified as such and shall be quarantined and physically separated from other prescription drugs and prescription drug precursors until they are appropriately destroyed or returned to their supplier;

(c) each outgoing shipment shall be carefully inspected for identity of the prescription drug products or devices and to ensure that there is no delivery of prescription drugs or devices that have been damaged in storage or held under improper conditions:

(i) if the conditions or circumstances surrounding the return of any prescription drug or prescription drug precursor cast any doubt on the product's safety, identity, strength, quality or purity, then the drug shall be appropriately destroyed or returned to the supplier, unless examination, testing or other investigation proves that the product meets appropriate and applicable standards related to the product's safety, identity, strength, quality and purity;

(ii) returns of expired, damaged, recalled, or otherwise non-saleable prescription drugs shall be distributed by the receiving pharmaceutical wholesale distributor only to the original manufacturer or a third party returns processor that is licensed as a pharmaceutical wholesale distributor under this chapter;

(iii) returns or exchanges of prescription drugs (saleable or otherwise), including any redistribution by a receiving pharmaceutical wholesaler, shall not be subject to the pedigree requirements, so long as they are exempt from the pedigree requirement under the FDA's Prescription Drug Marketing Act guidance or regulations; and

(d) licensee under this Act and pharmacies or other persons authorized by law to dispense or administer prescription drugs for use by a patient shall be accountable for administering their returns process and ensuring that all aspects of their operation are secure and do not permit the entry of adulterated and counterfeit prescription drugs.

(12) A manufacturer or pharmaceutical wholesaler shall furnish prescription drugs only to a person licensed by the Division or to another appropriate state licensing authority to possess, dispense or administer such drugs for use by a patient.

(13) Prescription drugs furnished by a manufacturer or pharmaceutical wholesaler shall be delivered only to the business address of a person described in Subsections R156-17b-102(20)(c) and R156-17b-615, or to the premises listed on the license, or to an authorized person or agent of the licensee at the premises of the manufacturer or pharmaceutical wholesaler if the identity and authority of the authorized agent is properly established.

(14) Each facility shall establish and maintain records of all transactions regarding the receipt and distribution or other disposition of prescription drugs and prescription drug precursors and shall make inventories of prescription drugs and prescription drug precursors and required records available for inspection by authorized representatives of the federal, state and local law enforcement agencies in accordance with the following:

(a) there shall be a record of the source of the prescription drugs or prescription drug precursors to include the name and principal address of the seller or transferor and the address of the location from which the drugs were shipped;

(b) there shall be a record of the identity and quantity of the prescription drug or prescription drug precursor received, manufactured, distributed or shipped or otherwise disposed of by specific product and strength;

(d) there shall be a record of the identity of persons to whom distribution is made to include name and principal address of the receiver and the address of the location to which the products were shipped;

(e) inventories of prescription drugs and prescription drug precursors shall be made available during regular business hours to authorized representatives of federal, state and local law enforcement authorities;

(f) required records shall be made available for inspection during regular business hours to authorized representatives of federal, state and local law enforcement authorities and such records shall be maintained for a period of two years following disposition of the products; and

(g) records that are maintained on site or immediately retrievable from computer or other electronic means shall be made readily available for authorized inspection during the retention period; or if records are stored at another location, they shall be made available within two working days after request by an authorized law enforcement authority during the two year period of retention.

(15) Each facility shall establish, maintain and adhere to written policies and procedures that shall be followed for the receipt, security, storage, inventory, manufacturing, distribution or other disposal of prescription drugs or prescription drug precursors, including policies and procedures for identifying, recording and reporting losses or thefts, and for correcting all errors and inaccuracies in inventories. In addition, the policies shall include the following:

(a) a procedure whereby the oldest approved stock of a prescription drug or precursor product is distributed or used first with a provision for deviation from the requirement if such deviation is temporary and appropriate;

(b) a procedure to be followed for handling recalls and withdrawals of prescription drugs adequate to deal with recalls and withdrawals due to:

(i) any action initiated at the request of the FDA or other federal, state or local law enforcement or other authorized administrative or regulatory agency;

(ii) any voluntary action to remove defective or potentially defective drugs from the market; or

(iii) any action undertaken to promote public health, safety or welfare by replacement of existing product with an improved product or new package design;

(c) a procedure to prepare for, protect against or handle any crisis that affects security or operation of any facility in the event of strike, fire, flood or other natural disaster or other situations of local, state or national emergency;

(d) a procedure to ensure that any outdated prescription drugs or prescription drug precursors shall be segregated from other drugs or precursors and either returned to the manufacturer, other appropriate party or appropriately destroyed;

(e) a procedure for providing for documentation of the disposition of outdated, adulterated or otherwise unsafe prescription drugs or prescription drug precursors and the maintenance of that documentation available for inspection by authorized federal, state or local authorities for a period of five years after disposition of the product;

(f) a procedure for identifying, investigating and reporting significant drug inventory discrepancies (involving counterfeit drugs suspected of being counterfeit, contraband, or suspect of being contraband) and reporting of such discrepancies within three (3) business days to the Division and/or appropriate federal or state agency upon discovery of such discrepancies; and

(g) a procedure for reporting criminal or suspected criminal activities involving the inventory of drugs and devices to the Division, FDA and if applicable, Drug Enforcement Administration (DEA), within three (3) business days.

(16) Each facility shall establish, maintain and make available for inspection by authorized federal, state and local law enforcement authorities, lists of all officers, directors, managers and other persons in charge which lists shall include a description of their duties and a summary of their background and qualifications.

(17) Each facility shall comply with laws including:

(a) operating within applicable federal, state and local laws and regulations;

(b) permitting the state licensing authority and authorized federal, state and local law enforcement officials, upon presentation of proper credentials, to enter and inspect their premises and delivery vehicles and to audit their records and written operating policies and procedures, at reasonable times and in a reasonable manner, to the extent authorized by law; and

(c) obtaining a controlled substance license from the Division and registering with the Drug Enforcement Administration (DEA) if they engage in distribution or manufacturing of controlled substances and shall comply with all federal, state and local regulations applicable to the distribution or manufacturing of controlled substances.

(18) Each facility shall be subject to and shall abide by applicable federal, state and local laws that relate to the salvaging or reprocessing of prescription drug products.

(19)(a) A Class C pharmacy may not be located in the same building as a separately licensed Class A, B, D, or E pharmacy unless:

(i) the separately licensed pharmacy is a third-party logistics provider; or

(ii) the two pharmacies are located in different suites as recognized by the United States Postal Service.

(b) Two Class C pharmacies may be located at the same address in the same suite if the pharmacies:

(i) are under the same ownership;

(ii) have processes and systems for separating and securing all aspects of the operation; and

(iii) have traceability with a clear audit trail that distinguishes a pharmacy's purchases and distributions.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-616 Operating Standards - Class D Pharmacy - Out of State Mail Service Pharmacies

(1) In accordance with Subsections 58-1-301(3) and 58-17b-306(2), an application for licensure as a Class D pharmacy shall include:

(a) a pharmacy care protocol that includes the operating standards established in Subsections R156-17b-610(1) and (8) and R156-17b-612(1) through (4);

(b) a copy of the pharmacist's license for the PIC; and

(c) a copy of the most recent state inspection or NABP inspection completed as part of the NABP Verified Pharmacy Program (VPP) showing the status of compliance with the laws and regulations for physical facility, records and operations.

(2) An out of state mail service pharmacy that compounds shall follow the USP-NF Chapter 795 Compounding of non- sterile preparations and Chapter 797 Compounding of sterile preparations.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617a Operating Standards - Class E Pharmacy - General Provisions

(1) In accordance with Section 58-17b-302 and Subsection 58-17b-601(1), Class E pharmacies shall have a written pharmacy care protocol that includes:

(a) the identity of the supervisor or director;

(b) a detailed plan of care;

(d) the identity of any licensed healthcare provider associated with the operation.

(2) Class E pharmacies shall comply with all applicable federal and state laws.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617b Class E Pharmacy Operating Standards - Analytical Laboratory

In accordance with Section 58-17b-302 and Subsection 58-17b-601(1), an analytical laboratory shall:

(1) be of suitable size and construction to facilitate cleaning, maintenance and proper operations;

(2) provide adequate lighting, ventilation, sanitation, space, equipment and security conditions;

(3) maintain a list of drugs that will be purchased, stored, used and accounted for;

(4) maintain a list of licensed healthcare providers associated with the operation of the business;

(5) possess prescription drugs for the purpose of analysis; and

(6) take measures to prevent the theft or loss of controlled substances.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617c Class E Pharmacy Operating Standards - Animal Control or Animal Narcotic Detection Training

(1) In accordance with Section 58-17b-302 and Subsection 58-17b-601(1), an animal control or animal narcotic detection training facility shall:

(a) maintain for immediate retrieval a perpetual inventory of all drugs including controlled substances that are purchased, stored, processed and administered;

(b) maintain for immediate retrieval a current list of authorized employees and their training with regards to the handling and use of legend drugs and/or controlled substances in relation to euthanasia, immobilization, or narcotic detection training of animals;

(c) maintain, for immediate retrieval documentation of all required materials pertaining to legitimate animal scientific drug research, guidance policy and other relevant documentation from the agency's Institutional Review Board, if applicable;

(d) maintain stocks of legend drugs and controlled substances to the smallest quantity needed for efficient operation to conduct animal euthanasia, immobilization, or narcotic detection training purposes;

(e) maintain all legend drugs and controlled substances in an area within a building having perimeter security that limits access during working hours, provides adequate security after working hours, and has the following security controls:

(i) a permanently secured safe or steel cabinet substantially constructed with self-closing and self-locking doors employing either multiple position combination or key lock type locking mechanisms; and

(ii) requisite key control, combination limitations, and change procedures;

(f) have a responsible party who is the only person authorized to purchase and reconcile legend drugs and controlled substances and is responsible for the inventory of the animal control or animal narcotic detection training facility pharmacy;

(g) ensure that only defined and approved individuals pursuant to the written facility protocol have access to legend drugs and controlled substances; and

(h) develop and maintain written policies and procedures for immediate retrieval that include the following:

(i) the type of activity conducted with regards to legend drugs and/or controlled substances;

(ii) how medications are purchased, inventoried, prepared and used in relation to euthanasia, immobilization, or narcotic detection training of animals;

(iii) the type, form and quantity of legend drugs and/or controlled substances handled;

(iv) the type of safe or equally secure enclosures or other storage system used for the storage and retrieval of legend drugs and/or controlled substances;

(v) security measures in place to protect against theft or loss of legend drugs and controlled substances;

(vi) adequate supervision of employees having access to manufacturing and storage areas;

(vii) maintenance of records documenting the initial and ongoing training of authorized employees with regard to all applicable protocols;

(viii) maintenance of records documenting all approved and trained authorized employees who may have access to the legend drugs and controlled substances; and

(ix) procedures for allowing the presence of business guests, visitors, maintenance personnel, and non-employee service personnel.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617d Class E Pharmacy Operating Standards- Durable Medical Equipment

(1) In accordance with Section 58-17b-302 and Subsection 58-17b-601(1), durable medical equipment facility shall:

(a) be of suitable size and construction to facilitate cleaning, maintenance and proper operations;

(b) provide adequate lighting, ventilation, sanitation, space, equipment and security conditions;

(c) be equipped to permit the orderly storage of durable medical equipment in a manner to permit clear identification, separation and easy retrieval of products and an environment necessary to maintain the integrity of the product inventory;

(d) be equipped to permit practice within the standards and ethics of the profession as dictated by the usual and ordinary scope of practice to be conducted within that facility;

(e) maintain prescription forms and records for a period of five years;

(f) be locked and enclosed in such as way as to bar entry by the public or any non-personnel when the facility is closed; and

(g) post the license of the facility in full view of the public.

(2) A licensed practitioner who administers durable medical equipment to a patient or animal is not engaging in the practice of pharmacy, and does not require a license as a Class E pharmacy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617e Class E Pharmacy Operating Standards - Human Clinical Investigational Drug Research Facility

(1) Under Section 58-17b-302 and Subsection 58-17b-601(1), a human clinical investigational drug research facility licensed as a Class E pharmacy shall, in addition to the requirements in Section R156-17b-617a, conduct operations in accordance with the operating standards set forth in 21 CFR Part 312, April 1, 2012 edition, which is incorporated by reference.

(2) Under Subsections 58-37-6(2)(b) and (3)(a)(i), persons licensed to conduct research in Utah with controlled substances in Schedules I-V may possess, manufacture, produce, distribute, prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon those substances to the extent authorized by their license.

(3) Under Subsection 58-37-6(2), the following persons are not required to obtain a license and may lawfully possess controlled substances in Schedules II-V:

(a) an agent or employee acting in the usual course of the person's business or employment, and

(b) an ultimate user, or a person who possesses a controlled substance pursuant to a lawful order of a practitioner.

(4) A separate license is required at each principal place of business or professional practice where the applicant manufactures, produces, distributes, dispenses, conducts research with, or performs laboratory analysis upon controlled substances.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617f Class E Pharmacy Operating Standards - Medical Gas Provider

In accordance with Section 58-17b-302 and Subsection 58-17b-601(1), a medical gas facility shall:

(a) develop standard operating policy and procedures manual;

(b) conduct training and maintain evidence of employee training programs and completion certificates;

(i) batch production records

(ii) certificates of analysis

(iii) dates of calibration of gauges;

(d) provide adequate space for orderly placement of equipment and finished product;

(e) maintain gas tanks securely;

(f) designate return and quarantine areas for separation of products;

(g) label all products;

(h) fill cylinders without using adapters; and

(i) comply with all FDA standards and requirements.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-617g Operating Standards - Class E Pharmacy - Third Party Logistics Provider

(1) A third party logistics provider shall comply with DSCSA standards.

(2) A third party logistics provide may not employ at its facility an individual who has been convicted of a felony violation relating to product tampering.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-618 Change in Ownership, Name, or Location

(1) A licensed pharmacy or pharmaceutical facility shall:

(a) apply for a new license and receive approval from the Division at least ten business days before a Qualifying Ownership Change; and

( b) upon approval of the Qualifying Ownership Change and issuance of a new license, the pharmacy or pharmaceutical facility shall surrender its original license to the Division.

(2)(a) Under Subsection 58-17b-614(2), a request by a pharmacy or pharmaceutical facility to change its name when the change is not due to, or in anticipation of, a Qualifying Ownership Change shall be received by the Division no later than ten business days before the proposed effective date of the name change.

( b) This Subsection (2) applies to any change in name, including:

(i) changes to the pharmacy or pharmaceutical facility's registered corporate name; and

(ii) addition or removal of a doing-business-as (DBA) name.

( c) If the requested name change requires a filing with the Division of Corporations and Commercial Code, or equivalent state agency in the jurisdiction where the name change will be effectuated, the applicant shall submit with the request proof of such filing with an effective date of no fewer than ten days following the date of the request.

(3)(a) Under Subsection 58-17b-306(3)(b), a request by a pharmacy or pharmaceutical facility to update its address for reasons not due to, or in anticipation of, a Qualifying Ownership Change shall be received by the Division no later than 90 business days before the proposed effective date of the address change.

( b) If the pharmacy or pharmaceutical facility's new address is located within the state the request shall include a request for inspection of the new facility.

( c) If the pharmacy or pharmaceutical facility's new address is located outside the state:

(i) the request shall include a copy of a request for inspection filed with the government agency with jurisdiction over the inspection at the new address; and

( ii) upon receipt of the inspection report from the government agency under Subsection (3)(b)(i), the pharmacy or pharmaceutical facility shall submit to the Division within ten days:

(A) a copy of the inspection report; and

( B) an affidavit signed by the pharmacy manager that the inspection report is an accurate copy.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-619 Operating Standards - Third Party Payors

Reserved.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-620 Operating Standards - Automated Pharmacy System

In accordance with Section 58-17b-621, automated pharmacy systems can be utilized in licensed pharmacies, remote locations under the jurisdiction of the Division and licensed health care facilities where legally permissible and shall comply with the following provisions:

(1) Documentation as to type of equipment, serial numbers, content, policies and procedures and location shall be maintained on site in the pharmacy for review upon request of the Division. Such documentation shall include:

(a) name and address of the pharmacy or licensed health care facility where the automated pharmacy system is being used;

(b) manufacturer's name and model;

(d) quality assurance procedures to determine continued appropriate use of the automated device; and

(e) policies and procedures for system operation, safety, security, accuracy, patient confidentiality, access and malfunction.

(2) Automated pharmacy systems should be used only in settings where there is an established program of pharmaceutical care that ensures that before dispensing, or removal from an automated storage and distribution device, a pharmacist reviews all prescription or medication orders unless a licensed independent practitioner controls the ordering, preparation and administration of the medication; or in urgent situations when the resulting delay would harm the patient including situations in which the patient experiences a sudden change in clinical status.

(3) All policies and procedures must be maintained in the pharmacy responsible for the system and, if the system is not located within the facility where the pharmacy is located, at the location where the system is being used.

(4) Automated pharmacy systems shall have:

(a) adequate security systems and procedures to:

(i) prevent unauthorized access;

(ii) comply with federal and state regulations; and

(iii) prevent the illegal use or disclosure of protected health information;

(b) written policies and procedures in place prior to installation to ensure safety, accuracy, security, training of personnel, and patient confidentiality and to define access and limits to access to equipment and medications.

(5) Records and electronic data kept by automated pharmacy systems shall meet the following requirements:

(a) all events involving the contents of the automated pharmacy system must be recorded electronically;

(b) records must be maintained by the pharmacy for a period of five years and must be readily available to the Division. Such records shall include:

(i) identity of system accessed;

(ii) identify of the individual accessing the system;

(iii) type of transaction;

(iv) name, strength, dosage form and quantity of the drug accessed;

(v) name of the patient for whom the drug was ordered; and

(vi) such additional information as the PIC may deem necessary.

(6) Access to and limits on access to the automated pharmacy system must be defined by policy and procedures and must comply with state and federal regulations.

(7) The PIC or pharmacist designee shall have the responsibility to ensure that:

(a) user access to the system is assigned, discontinued or changed according to employment status and credentials;

(b) access to the medications comply with state and federal regulations; and

(c) the automated pharmacy system is filled and stocked accurately and in accordance with established written policies and procedures.

(8) The filling and stocking of all medications in the automated pharmacy system shall be accomplished by qualified licensed healthcare personnel under the supervision of a licensed pharmacist.

(9) A record of medications filled and stocked into an automated pharmacy system shall be maintained for a period of five years and shall include the identification of the persons filling, stocking and checking for accuracy.

(10) All containers of medications stored in the automated pharmacy system shall be packaged and labeled in accordance with federal and state laws and regulations.

(11) All aspects of handling controlled substances shall meet the requirements of all state and federal laws and regulations.

(12) The automated pharmacy system shall provide a mechanism for securing and accounting for medications removed from and subsequently returned to the automated pharmacy system, all in accordance with existing state and federal law. Written policies and procedures shall address situations in which medications removed from the system remain unused and must be secured and accounted for.

(13) The automated pharmacy system shall provide a mechanism for securing and accounting for wasted medications or discarded medications in accordance with existing state and federal law. Written policies and procedures shall address situations in which medications removed from the system are wasted or discarded and must be secured.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-621 Operating Standards - Pharmacist, Pharmacy Intern, and Pharmacy Technician Administration - Training

This section establishes training standards under Subsections 58-17b-102(53), (57), and (58), and 58-17b-502(1)(i)(i).

(1) A pharmacist or pharmacy intern who will administer a prescription drug or device shall first complete the following appropriate training:

(a) current Basic Life Support (BLS) certification;

(b) for injectable drugs, didactic and practical training for administering injectable drugs;

(d) if administering vaccines, current guidelines from the Advisory Committee on Immunization Practices (ACIP) of the U.S. Centers for Disease Control and Prevention (CDC); and

(e) the management of an anaphylactic reaction.

(2) A pharmacy technician who will administer a prescription drug or device shall first complete the appropriate training described in Subsections (1)(a), (b), and (e).

(3) Sources for the appropriate training include:

(a) ACPE approved programs;

(b) curriculum-based programs from an ACPE accredited college of pharmacy, or an ASHP accredited pharmacy technician program;

(d) other Board recognized providers.

(4) An individual who engages in the administration of prescription drugs or devices shall:

(a) maintain documentation that they obtained their required training; and

(b) for each renewal cycle after their initial training, complete at least two hours of continuing education related to their administration of prescription drugs or devices, under Section R156-17b-309.

(5) The "Vaccine Administration Protocol: Standing Order to Administer Immunizations and Emergency Medications", adopted September, 2023, by the Division in collaboration with the Board of Pharmacy and the Utah Medical Licensing Board, as posted on the Division website, is the guideline or standard for pharmacist administration of vaccines and emergency medications, and for pharmacy intern or pharmacy technician administration pursuant to delegation by a pharmacist.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-621a Operating Standards - Pharmacist Administration of a Long-acting Injectable and Naloxone - Training

In accordance with Subsections 58-17b-502(1)(i) and 58-17b-625(2):

(1) Prior to engaging in the administration of a long-acting injectable drug pursuant to Section 58-17b-625, a pharmacist shall successfully complete:

(a) current Basic Life Support (BLS) certification; and

(b) a training program for administering long-acting injectables intramuscularly that is provided by an ACPE- accredited provider.

(2) An individual who engages in the administration of long-acting injectable drugs intramuscularly shall maintain documentation that they obtained their required training.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-621b Operating Standards - Pharmacist and Pharmacy Intern Dispensing of a Self-Administered Hormonal Contraceptive - Training

This section establishes training standards under Subsection 58-17b-502(1)(n) and Section 26B-4-506.

(1) Before dispensing a self-administered hormonal contraceptive, a pharmacist or pharmacy intern shall successfully complete a training program for dispensing self-administered hormonal contraceptives that is provided by an ACPE-accredited provider and approved by the Division in collaboration with the Board.

(2) A pharmacist or pharmacy intern who engages in the dispensing of a self-administered hormonal contraceptive shall:

(a) maintain documentation that they obtained their required training before any dispensing;

(b) for each renewal cycle after the initial training, successfully complete a minimum of two hours of continuing education related to dispensing a self-administered hormonal contraceptive, in accordance with Section R156-17b-309; and

(c) review the Utah Guidance for Self-Administered Hormonal Contraceptives which can be found on the Division's website at https://dopl.utah.gov/pharmacy/resources.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-622 Standards - Dispensing Training Program

(1) In accordance with Subsection R156-17b-102(21)(c), a formal or on-the-job dispensing training program completed by a DMP designee is one that covers the following topics to the extent that the topics are relevant and current to the DMP practice where the DMP designee is employed:

(a) role of the DMP designee;

(b) laws affecting prescription drug dispensing;

(d) pharmaceutical terminology, abbreviations and symbols;

(e) pharmaceutical calculations;

(f) drug packaging and labeling;

(g) computer applications in the pharmacy;

(h) sterile and non-sterile compounding;

(i) medication errors and safety;

(j) prescription and order entry and fill process;

(k) pharmacy inventory management; and

(l) pharmacy billing and reimbursement.

(2) Documentation demonstrating successful completion of a formal or on-the-job dispensing training program shall include the following information:

(a) name of individual trained;

(b) name of individual or entity that provided training;

(d) training completion date.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-623 Standards - Approved Cosmetic Drugs and Injectable Weight Loss Drugs for Dispensing Medical Practitioners

The drugs that may be dispensed by a DMP in accordance with Subsection 58-17b-802(1) and Section 58-17b-803 are limited to:

(1) the following cosmetic drugs:

(a) Latisse or generic equivalent; and

(b) the injectable weight loss drug human chorionic gonadotropin; and

(2) the following legend, non-controlled drugs:

(a) hormonal based contraception unless using except injectable or implantable methods;

(b) hydroquinone up to 4%; and

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-624 Operating Standards. Repackaged or Compounded Prescription Drugs - Sale to a Practitioner for Office Use

Pursuant to Section 58-17b-624, a pharmacy may repackage or compound a prescription drug for sale to a practitioner for office use provided that it is in compliance with all applicable federal and state laws and regulations regarding the practice of pharmacy, including, but not limited to the Food, Drug, and Cosmetic Act, 21 U.S.C.A 301 et seq.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-625 Standards - Reporting and Maintaining Records on the Dispensing of an Opiate Antagonist

(1) In accordance with Subsections 26-55-105(2)(c) and (d), the pharmacist-in-charge or a responsible corporate officer of each pharmacy licensee that dispenses an opiate antagonist pursuant to a valid standing prescription drug order issued by a physician, shall affirm that the pharmacy licensee has complied with the protocol for dispensing an opiate antagonist as set forth in Section 26-55-105, and shall report, on an annual basis, to the division and to the physician who issued the opiate antagonist standing drug order, the following information:

(a) the total number of single doses of opiate antagonists dispensed during the reporting period; and

(b) the name of each opiate antagonist dispensed, along with the total number of single doses of that particular named opiate antagonist.

(2) Corporations or organizations with multiple component pharmacy licenses may submit one cumulative report for all its component pharmacy licensees. However, that report must contain the information described above for each of the component pharmacy licensees.

(3) Null reporting is not required. If a pharmacy licensee does not dispense an opiate antagonist during any year, that pharmacy licensee is not required to make an affirmation or report to the division.

(4) The annual affirmation and report described above is due to the division and to the physician who issued the standing drug order no later than 15 days following December 31 of each calendar year.

(5) In accordance with Subsection 26-55-105(2)(d), a pharmacy licensee who dispenses an opiate antagonist pursuant to a valid standing prescription order issued by a physician, shall maintain, subject to audit, the following information:

(a) the name of the individual to whom the opiate antagonist is dispensed;

(b) the name of the opiate antagonist dispensed;

(d) the strength of the opiate antagonist dispensed;

(e) the dosage quantity of the opiate antagonist dispensed;

(f) the full name of the drug outlet which dispensed the opiate antagonist;

(g) the date the opiate antagonist was dispensed; and

(h) the name of physician issuing the standing order to dispense the opiate antagonist.

(6) The division approves the protocol for the issuance of a standing prescription drug order for opiate antagonists, which is set forth in Subsection 26-55-105(2)(a) through (d) along with the requirements set forth in the foregoing provisions, and the reporting requirements set forth in Sections R156-67-604 and R156-68-604.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-626 Operating Standards - Appropriate Substitutes for Albuterol

(1) In accordance with Subsections 58-17b-601(1) and 58-17b-605(9), a pharmacist or pharmacy intern may make appropriate substitutes for an albuterol inhaler with any brand or proprietary name albuterol product that has the same milligram dose per actuation.

(2) The pharmacist or pharmacy intern shall document an albuterol substitution on the prescription hard copy or in the medication profile system.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-627 Operating Standards - Prescription of Drugs or Devices by a Pharmacist

(1) Under Subsection 58-17b-601(1) and Section 58-17b-627, a pharmacist from a Class A or Class B pharmacy may prescribe a prescription drug or device as follows:

(a) Before prescribing, the pharmacist shall conduct a patient assessment that includes:

(i) current health status;

(ii) past medical history;

(iii) allergies;

(iv) medication sensitivities;

(v) rationale for care;

(vi) current medication; and

(vii) if the pharmacist should refer the patient to an appropriate health care provider or otherwise encourage the patient to seek further medical care.

(b) The pharmacist shall follow the guidelines for prescribing health care providers established by:

(i) the Centers for Disease Control and Prevention;

(ii) nationally accepted guidelines; and

(iii) the Department of Health and Human Services and the Division in collaboration with the Board, in the guidance documents incorporated by reference in Subsection (2)(a).

(d) The pharmacist shall develop and implement an appropriate follow-up care plan with the patient that includes:

(i) monitoring parameters for efficacy and safety;

(ii) adverse reactions; and

(iii) further medical care.

(e)(i)(A) The pharmacist shall notify the patient's primary care or other health care provider about the prescription within five business days of the prescribing.

(B) The prescription notification may be conveyed in writing, by electronic transmission, or by telephone.

(C) If the patient does not have a primary care or other health care provider, the pharmacist shall provide the prescription notification to the patient.

(D) The pharmacy shall maintain the prescription notification in the patient record for at least five years from the date of notification, in an immediately retrievable written or electronic format.

(ii) Each prescription notification shall include the following:

(A) prescribing pharmacist;

(B) pharmacy name;

(D) patient;

(E) patient date of birth;

(F) drug or device;

(G) if dispensed, dispensed quantity;

(H) directions for use;

(I) refill; and

(J) identity of the patient's primary care or other health care provider, if any.

(2)(a) A pharmacist may prescribe drugs or devices under Subsection 58-17b-627(3)(a) as established in the following guidance documents posted on the Division's website at dopl.utah.gov/pharm:

(i) Utah Guidance for Pre-Exposure and Post-Exposure Prophylaxis of HIV, adopted September 28, 2021;

(ii) Utah Guidance for Self-Administered Hormonal Contraceptives, adopted September 28, 2021;

(iii) Utah Guidance for Tobacco Cessation Products, adopted September 28, 2021; and

(iv) Utah Guidance for Naloxone, adopted September 28, 2021.

(b) The Division incorporates by reference the guidance documents in Subsection (2)(a).

(3)(a) The Department of Health and Human Services may submit to the Division a written proposal that includes:

(i) under Subsection 58-17b-627(3)(a), designated public health concerns that the Department of Health and Human Services has determined can be addressed through pharmacist prescribing of drugs or devices; and

(ii) recommendations for updates to the guidance documents in Subsection (2); and

(b) after receipt of the designation, the Division:

(i) shall contact the Department of Health and Human Services to review its proposal; and

(ii) may review the rules made by the Division, including the guidance documents in Subsection (2), in accordance with Subsections 58-17b-627(3) and (4).

(4) The Division shall review the guidance documents in Subsection (2) biennially, in collaboration with:

(a) the Board;

(b) the individuals identified in Subsection 58-17b-627(4); and

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-628 Operating Standards - Prescriptions Issued Within the Public Health System

(1) Under Subsections 58-17b-620(7) and (8), a nurse employed by a health department and licensed under Title 58, Chapter 31b, Nurse Practice Act, may dispense a drug to treat a sexually transmitted infection as established in the Utah Guidance for Dispensing by Health Department Nurse of STI Drug, adopted August 23, 2022, posted on the Division's website at dopl.utah.gov/pharm.

(2) The Division incorporates by reference the guidance document in Subsection (1).

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-901 Operating Standards - Charitable Prescription Drug Recycling Program

(1) Under Sections 58-17b-903 and 58-17b-907, the operating standards for the Charitable Prescription Drug Recycling Program under Title 58, Chapter 17b, Part 9, Charitable Prescription Drug Recycling Act, are established in this section.

(2) The Division in collaboration with the Board has not established a date later than the beyond use date or the expiration date recommended by the manufacturer for a specific prescription drug.

(3) Under Subsection 58-17b-905(2)(e), an eligible pharmacy may charge the following handling fees:

(a) before accepting a prescription drug under the program: $0 - $10; and

(b) before dispensing a prescription drug under the program: $0 - $5.

(4) A pharmacy seeking registration with the Division as an eligible pharmacy shall submit an application on a form provided by the Division and establish that the pharmacy:

(a) is currently licensed and in good standing with the Division;

(b) agrees to maintain, subject to inspection by the Division, written standards and procedures in compliance with Subsection (6);

(c) agrees to create and maintain, subject to inspection by the Division, a special training program in accordance with Subsection (8); and

(d) meets the requirements of Subsection 58-17b-902(8)(b).

(5) The formulary established under Subsection 58-17b-907(2) shall include each prescription drug approved by the federal Food and Drug Administration that meet Section 58-17b-904 criteria, except for:

(a) controlled substances;

(b) compounded drugs; and

(c) drugs that can only be dispensed to a patient registered with the drug's manufacturer per federal Food and Drug Administration requirements.

(6) An eligible pharmacy shall maintain written standards and procedures available for inspection by the Division that:

(a) satisfy the requirements of Section 58-17b-907; and

(b) satisfy labeling requirements of Subsections 58-17b-602(5) through (8), and ensure that labels clearly identify the eligible drug was dispensed under the program.

(7)(a) Under Subsection 58-17b-907(4)(a), the Division shall schedule and facilitate an annual meeting between the Department of Health and Human Services and eligible pharmacies to establish program standards and procedures for assisted living facilities and nursing care facilities.

(b) Under Subsection 58-17b-907(4)(b), the Division shall schedule and facilitate an annual meeting between the Division of Substance Abuse and Mental Health and eligible pharmacies to establish program standards and procedures for mental health and substance abuse clients.

(8) An eligible pharmacy shall:

(a) create and maintain a special training program that its pharmacists and licensed pharmacy technicians shall complete before participating in the program; and

(b) maintain a record for at least two years of each pharmacist and licensed pharmacy technician that has completed the special training program.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

Utah Admin. Code R156-17b-1005 Operating Standards -- Standing Prescription Orders for Emergency Medications Use as School Stock

(1) In accordance with Subsection 58-17b-601(1), the Division approves all standing orders required by statute and issued by the Utah Department of Health and Human Services relating to dispensing of emergency use medication to be held as school stock.

(2) Authorized standing orders referenced in Subsection 1005(1) can be found at https://dopl.utah.gov/pharmacy/resources/.

History

KEY: pharmacists, licensing, pharmacies
Date of Last Change: August 8, 2025
Notice of Continuation: August 5, 2024
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1- 202(1)(a)

R156-20b Environmental Health Scientist Act Rule

Utah Admin. Code R156-20b-101 Title -- Authority -- Relationship to Rule R156-1

(1) This rule is known as the "Environmental Health Scientist Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 20b, Environmental Health Scientist Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-102 Definitions

Terms used in the rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 20b, Environmental Health Scientist Act. In addition:

(1) "Distance learning" means the acquisition of knowledge and skills through information and instruction encompassing all technologies and other forms of learning at a distance including internet, audio and visual recordings, mail, or other correspondence.

(2) "Qualified professional continuing education" means professional continuing education that meets the standards under Section R156-20b-304.

(3) "NEHA" means the National Environmental Health Association.

(4) "Unprofessional conduct" is further defined under Subsection 58-1-203(1)(e) and Section R156-20b-502.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-302a Qualifications for Licensure - Education Requirements

(1) Under Subsections 58-20b-302(1)(c) and (2)(c), an applicant for licensure shall submit evidence of a bachelor's degree or higher.

(2) If the applicant's degree is from a college or university in a jurisdiction outside of the United States or its territories, the applicant shall submit evidence that the degree is the educational equivalent to the degree required under Subsection (1) as determined by an evaluation service that is a current member of the National Association of Credential Evaluation Services (NACES).

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-302b Qualifications for Licensure - Examination Requirement

(1) Under Subsection 58-20b-302(1)(d), an applicant shall satisfy the examination requirement by passing the Registered Environmental Health Specialist/Registered Sanitarian (REHS/RS) Examination administered by the NEHA.

(2) The applicant shall contact the NEHA to request that the applicant's official passing score report be sent directly to the Division.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-302c Qualifications for Licensure - Supervision Requirements

Under Subsections 58-1-203(1)(b) and 58-20b-302(2)(e), an applicant licensed as an environmental health scientist-in- training shall practice under the general supervision of a licensed environmental health scientist for at least six months.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 20b, Environmental Health Scientist Act, is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-304 Professional Continuing Education

(1) Under Section 58-20b-304, during each two-year renewal period commencing June 1 of each odd numbered year, an environmental health scientist licensee or environmental health scientist-in-training licensee shall complete at least 30 hours of qualified professional continuing education directly related to the licensee's professional practice.

(2) If an individual first becomes licensed during the two-year renewal cycle, the individual's required number of continuing education hours shall be increased or decreased proportionately according to the date of licensure.

(3) Qualified professional continuing education shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program that is directly related to the practice of an environmental health scientist;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have records of registration and completion available for review.

(4) Credit for professional continuing education shall be:

(a) completed in blocks of time of not less than 50 minutes;

(b) completed through at least one of the following formats:

(i) a college or university lecture and discussion;

(ii) a professional conference;

(iii) a seminar;

(iv) a training session;

(v) a synchronous webinar;

(vi) an asynchronous online self-pace module;

(vii) a lab; and

(i) the Utah Environmental Health Association;

(ii) the Bureau of Environmental Services;

(iii) the Utah Department of Environmental Quality;

(iv) the Bureau of Epidemiology;

(v) the State Food Program;

(vi) the NEHA;

(vii) the Food and Drug Administration;

(viii) the Center for Disease Control and Prevention;

(ix) the Association of Food and Drug Officials;

(x) the Pool & Hot Tub Alliance;

(xi) the National Onsite Wastewater Recycling Association;

(xii) the Rural Water Association of Utah;

(xiii) the Utah Onsite Wastewater Association;

(xiv) a local, state, or federal agency; or

(xv) a college or university that provides courses in or related to environmental health science.

(5)(a) Up to 15 hours of credit may be recognized for a licensee who teaches a continuing professional education course relevant to environmental health that meets the requirements of this section.

(b) One continuing education hour shall be awarded for each hour of teaching under Subsection (5)(a).

(6) Up to four hours of credit may be recognized for a licensee who is appointed as a board member to a local, state, or federal board that is related to the licensee's professional practice.

(7) A licensee shall maintain documentation sufficient to prove compliance with this section for a period of four years after the end of the renewal cycle for which the professional continuing education is due.

(8) The Division may defer or waive continuing education requirements as provided in Section R156-1-308d.

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

Utah Admin. Code R156-20b-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to comply with the professional continuing education requirements in Section R156-20b-304; or

(2) failing to provide general supervision as defined in Subsection 58-20b-102(3).

History

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training
Date of Last Change: September 23, 2025
Notice of Continuation: March 7, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20b-101

R156-22 Professional Engineers and Professional Land Surveyors Licensing Act Rule

Utah Admin. Code R156-22-101 Title

This rule is known as the "Professional Engineers and Professional Land Surveyors Licensing Act Rule".

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-102 Definitions

In addition to the definitions in Title 58, Chapters 1, 3a and 22, as used in Title 58, Chapters 1, 3a and 22, or this rule:

(1) "Complete and final", as used in Section 58-22-603, means "complete construction plans" as defined in Subsection 58-22-102(3).

(2) "Direct supervision", as used in Subsection 58-22-102(10), means "supervision" as defined in Subsection 58-22- 102(16).

(3) "Employee, subordinate, associate, or drafter of a licensee", as used in Subsections 58-22-102(16), 58-22- 603(1)(b) and this rule, means one or more individuals not licensed under this chapter, who are working for, with, or providing professional engineering, professional structural engineering, or professional land surveying services directly to and under the supervision of a person licensed under this chapter.

(4) "Engineering surveys", as used in Subsection 58-22-102(9), include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements, alignment of streets, and the dependent or independent surveys or resurveys of the public land survey system.

(5) "Highly toxic materials", as used in Subsection 58-22-102(14)(a)(ii)(F), is as defined in the State Construction and Fire Codes adopted under Title 15A.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering", as used in Subsection 58-22-102(9), and "engineering work as is incidental to the practice of architecture", as used in Subsection 58-3a- 102(6), which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsections 58-3a-603(1) or 58-22-603(1);

(d) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work on a building classified for not greater than 49 occupants as determined in the State Construction and Fire Codes adopted under Title 15A;

(e) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy category of III or IV as defined in 1604.5 of the 2009 International Building Code.

(7) "Maximum allowable quantities", as used in Subsection 58-22-102(14)(a)(ii)(F), is quantities of hazardous materials as set forth in Section 307 of the 2009 International Building Code, Tables 307.1(1) and 307.1(2), which when exceeded, would classify the building, structure or portion thereof as Group H-1, H-2, H-3, H-4 or H-5 hazardous use.

(8) "NCEES FE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Engineering Examination.

(9) "NCEES FS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Surveying Examination.

(10) "NCEES PE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice of Engineering Examination.

(11) "NCEES PS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice in Surveying Examination.

(12) "NCEES SE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Structural Engineering Examination.

(13) "Professional structural engineering or the practice of structural engineering", as defined in Subsection 58-22- 102(14), is further defined to exclude the design and oversight of the construction and installation of highway, utility, or pedestrian bridges.

(14) "Recognized jurisdiction", as used in Subsection 58-22-302(4)(d)(i), for licensure by endorsement, means any jurisdiction that is a member of the NCEES.

(15) "Responsible charge" by a principal, as used in Subsection 58-22-102(7), means that the licensee is assigned to and is personally accountable for the production of specified professional engineering, professional structural engineering or professional land surveying projects within an organization.

(16) "TAC/ABET" means Technology Accreditation Commission/Accreditation Board for Engineering and Technology(ABET, Inc.).

(17) "Under the direction of the licensee", as used in Subsection 58-22-102(16), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of a licensee", means that the unlicensed employee, subordinate, associate, or drafter of a person licensed under this chapter engages in the practice of professional engineering, professional structural engineering, or professional land surveying only on work initiated by a person licensed under this chapter, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of a person licensed under this chapter.

(18) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 22, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-22-502.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 22.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302b Qualifications for Licensure -- Education Requirements for Professional Engineer and Professional Structural Engineer

In accordance with Subsections 58-22-302(1)(d) and 58-22-302(2)(d), the engineering program criteria is established as follows:

(1) The bachelors degree shall be earned from an engineering program accredited by EAC/ABET or the Canadian Engineering Accrediting Board (CEAB).

(2) The post-graduate degree shall be earned:

(a) from an engineering program accredited by EAC/ABET or the Canadian Engineering Accreditation Board (CEAB); or

(b) from an institution which offers a bachelors or masters degree in an engineering program accredited by EAC/ABET or CEAB in the same specific engineering discipline as the earned post-graduate degree; and

(c) the applicant shall demonstrate that the combined engineering-related coursework taken meets or exceeds the engineering-related coursework required for an EAC/ABET-accredited bachelor degree program.

(3) If the degree was earned in a foreign country, the engineering curriculum shall be determined by the NCEES Credentials Evaluations to fulfill the required curricular content of the NCEES Engineering Education Standard.

(a) Engineering coursework deficiencies must be completed at an EAC/ABET-approved program; and

(b) all other coursework deficiencies may be satisfied at a recognized college or university approved by the Division in collaboration with the Board.

(4) A TAC/ABET accredited degree is not acceptable to meet the qualifications for licensure as a professional engineer or a professional structural engineer.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302c Qualifications for Licensure -- Education Requirements for Professional Land Surveyor

In accordance with Subsection 58-22-302(3)(d), an applicant for licensure as a professional land surveyor shall verify completion of one of the following land surveying programs affiliated with an institution that is recognized by the Council for Higher Education Accreditation (CHEA), and approved by the Division in collaboration with the Board:

(1) an associates in applied science degree in land surveying or geomatics;

(2) a bachelors, masters or doctorate degree in land surveying or geomatics;

(3) an equivalent land surveying program that includes completion of a bachelors, masters or doctorate degree in a field related to land surveying or geomatics comprised of a minimum of 30 semester hours or 42 quarter hours of coursework in land surveying or geomatics which shall include completion of the following courses:

(a) a minimum of one course in each of the following content areas:

(i) boundary law;

(ii) writing legal descriptions;

(iii) photogrammetry;

(iv) public land survey system;

(v) studies in land records or land record systems; and

(vi) surveying field techniques; and

(b) the remainder shall be from any or all of the following content areas:

(i) algebra, calculus, geometry, statistics, trigonometry, not to exceed six semester hours or eight quarter hours;

(ii) control systems;

(iii) drafting, not to exceed six semester hours or eight quarter hours;

(iv) geodesy;

(v) geographic information systems;

(vi) global positioning systems;

(vii) land development; and

(viii) survey instrumentation; or

(4) an equivalent land surveying program that includes completion of a bachelors, masters or doctorate degree in a field related to land surveying or geomatics that does not include some of the coursework specified in Subsection (3) as part of the degree program, provided that the deficient requirements have been completed post-degree; and

(5) if the degree was earned in a foreign country, the land surveying curriculum shall be determined by the NCEES Credential Evaluations to fulfill the required curricular content of the NCEES Education Standard; deficiencies in coursework may be satisfied by completion at a recognized college or university approved by the Division in collaboration with the Board.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302d Qualifications for Licensure -- Experience Requirements for All Applicants

In accordance with Subsection 58-22-302, the following general experience requirements are established for all applicants under this chapter, and are in addition to the specific experience requirements for each profession described in Sections R156-22-302e, R156-22-302f and R156-22-302g:

(1) 2,000 hours of work experience constitutes one year (12 months) of work experience.

(2) No more than 2,000 hours of work experience can be claimed in any 12 month period.

(3) Experience shall be progressive on projects that are of increasing quality and requiring greater responsibility.

(4) Only experience of an engineering, structural engineering or surveying nature, as appropriate for the specific license, is acceptable.

(5) Experience is not acceptable if it is obtained in violation of applicable statutes or rules.

(6) Unless otherwise provided in Section 7, experience shall be gained under the direct supervision of a person licensed in the profession for which the license application is submitted. Supervision of an intern by another intern is not permitted.

(7) Experience is also acceptable when obtained in a work setting where licensure is not required or is exempted from licensure in accordance with Section 58-22-305, including experience obtained in the armed services if:

(a) the experience is performed under the supervision of qualified persons and the applicant provides verifications of the credentials of the supervisor; and

(b) the experience gained is equivalent to work performed by an intern obtaining experience under a licensed supervisor in a licensed or civilian setting, and the applicant provides verification of the nature of the experience.

(8) Each supervisor shall provide to the applicant the certificate of qualifying experience with the supervisor's seal, which the applicant shall submit with the application for licensure.

(9) If the supervisor is unavailable or refuses to provide a certification of qualifying experience, the applicant shall submit:

(a) a complete explanation of why the supervisor is unavailable; and

(b) verification of the experience by alternative means acceptable to the Board, which shall demonstrate that the work was profession-related, competently performed, and sufficient accumulated experience for the applicant to be granted a license without jeopardy to the public health, safety, or welfare.

(10) If the supervisor verifying the applicant's credentials is not licensed in the profession, the supervisor shall provide a written explanation as to why the supervisor is qualified to verify the applicant's knowledge, ability and competence to practice in the profession applied for.

(11) Supervisor duties and responsibilities shall include the following:

(a) A person may not serve as a supervisor for more than one firm.

(b) A person who renders occasional, part time or consulting services to or for a firm may not serve as a supervisor.

(c) The supervisor shall be in responsible charge of the projects assigned, and professionally responsible for the acts and practices of the supervisee.

(d) The supervision shall be conducted in a setting in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised.

(e) The supervisor shall be available for advice, consultation, and direction consistent with the standards and ethics of the profession.

(f) The supervisor shall provide periodic review of the work assigned to the supervisee.

(g) The supervisor shall monitor the performance of the supervisee for compliance with laws, standards and ethics applicable to the profession.

(h) The supervisor shall provide supervision only to a supervisee who is an employee of a licensed professional or alternatively in a setting wherein both the supervisor and the supervisee are engaged in a work setting in which the work is exempt from licensure requirements.

(i) The supervisor shall submit appropriate documentation to the Division with respect to all work completed by the supervisee during the period of supervised experience, including the supervisor's evaluation of the supervisee's competence to practice in the profession.

(j) The supervisor shall ensure that each supervisee has obtained the degree which is a prerequisite to obtaining the qualifying experience.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302e Qualifications for Licensure -- Experience Requirements - Specific to Professional Engineer

In accordance with Subsection 58-22-302(1)(e), each applicant for licensure as a professional engineer shall submit verification of qualifying experience as follows:

(1) The experience shall be:

(a) obtained after meeting the education requirement;

(b) supervised by one or more licensed professional engineers;

(d) include a minimum of four years of full-time or substantially equivalent part-time experience in professional engineering, except as provided in Subsection (2).

(2) Credit toward meeting the experience requirement may be granted as follows:

(a) A maximum of three years for teaching advanced engineering subjects in a college or university offering an engineering curriculum accredited by EAC/ABET.

(b) A maximum of three years for conducting research in a college or university offering an engineering curriculum accredited by EAC/ABET, provided the research is:

(i) under the supervision of a licensed professional;

(ii) directly related to the practice of engineering; and

(iii) has not been credited towards the education requirements, such as part of classwork, thesis or dissertation, or similar work.

(c) A maximum of one year for completing a masters degree in engineering provided that both the earned bachelors and masters degree in engineering meet the program criteria set forth in Section R156-22-302b.

(d) A maximum of two years for completing a doctorate degree in engineering provided that both the earned bachelors or masters degree and doctorate degree in engineering meet the program criteria set forth in Section R156-22-302b.

(3) The performance or supervision of construction work as a contractor, foreman or superintendent is not qualifying experience for licensure as a professional engineer.

(4) Experience shall demonstrate knowledge, application, and practical solutions using engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302f Qualifications for Licensure -- Experience Requirements -- Specific to Professional Structural Engineer

In accordance with Subsection 58-22-302(2)(e), each applicant for licensure as a professional structural engineer shall submit verification of qualifying experience as follows:

(1) The experience shall be:

(a) obtained after meeting the education requirement;

(b) supervised by one or more licensed professional structural engineers;

(d) include a minimum of three years of full-time or equivalent part-time experience in professional structural engineering.

(2) Professional structural engineering experience shall include responsible charge of structural design in one or more of the following areas:

(a) structural design of any building or structure two stories and more, or 45 feet in height, located in a region of moderate or high seismic risk, designed in accordance with current codes adopted pursuant to Section 58-56-4;

(b) structural design for a major seismic retrofit/rehabilitation of an existing building or structure located in a region of moderate or high seismic risk; or

(3) Professional structural engineering experience shall include structural design in all of the following areas:

(a) use of three of the following four materials as they relate to the design, rehabilitation or investigation of buildings or structures:

(i) steel;

(ii) concrete;

(iii) wood; or

(iv) masonry;

(b) selection of framing systems including the consideration of alternatives and the selection of an appropriate system for the interaction of structural components to support vertical and lateral loads;

(c) selection of foundation systems including the consideration of alternatives and the selection of an appropriate type of foundation system to support the structure;

(d) design and detailing for the transfer of forces between stories in multi-story buildings or structures;

(e) application of lateral design in the design of the buildings or structures, in addition to any wind design requirements; and

(f) application of the local, state, and federal code requirements as they relate to design loads, materials, and detailing.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302g Qualifications for Licensure -- Experience Requirements -- Specific to Professional Land Surveyor

In accordance with Subsection 58-22-302(3)(d), each applicant for licensure as a professional land surveyor shall submit verification of qualifying experience as follows:

(1) The experience may be obtained before, during, or after completing the education requirement.

(2) The experience shall be supervised by one or more licensed professional land surveyors, and certified by the supervisor.

(3) The experience shall include experience in professional land surveying in the following content areas:

(a) experience specific to field surveying with actual "hands on" surveying, including all of the following:

(i) operation of various instrumentation;

(ii) review and understanding of plan and plat data;

(iii) public land survey systems;

(iv) calculations;

(v) traverse;

(vi) staking procedures;

(vii) field notes and manipulation of various forms of data encountered in horizontal and vertical studies; and

(b) experience specific to office surveying, including all of the following:

(i) drafting (including computer plots and layout);

(ii) reduction of notes and field survey data;

(iii) research of public records;

(iv) preparation and evaluation of legal descriptions; and

(v) preparation of survey-related drawings, plats, and record of survey maps.

(1) Each applicant with an associates degree in land surveying or geomatics shall complete a minimum of six years of experience as follows:

(a) three years that complies with Subsection (3)(a); and

(b) three years that complies with Subsection (3)(b).

(2) Each applicant with a bachelors degree in land surveying or geomatics shall complete a minimum of four years of experience as follows:

(a) two years that complies with Subsection (3)(a); and

(b) two years that complies with Subsection (3)(b).

(3) Each applicant with a masters degree in land surveying or geomatics shall complete a minimum of three years of experience as follows:

(a) one and a half years that complies with Subsection (3)(a); and

(b) one and a half years that complies with Subsection (3)(b).

(4) Each applicant with a doctorate degree in land surveying or geomatics shall complete a minimum of two years of experience as follows:

(a) one year that complies with Subsection (3)(a); and

(b) one year that complies with Subsection (3)(b).

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302h Qualifications for Licensure -- Examination Requirements for Professional Engineer

In accordance with Subsection 58-22-302(1)(f), the examination requirements for licensure as a professional engineer are defined, clarified, or established as the following:

(1) the NCEES FE examination with a passing score as established by the NCEES except that an applicant who has completed one of the following is not required to pass the FE examination:

(a) a Ph.D. or doctorate degree in engineering from an institution that offers EAC/ABET undergraduate programs in the Ph.D. field of engineering; or

(b) a Ph.D. or doctorate degree in engineering from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations to fulfill the required curricular content of the NCEES Engineering Education Standard.

(2) the NCEES PE examination with a passing score as established by the NCEES; or

(3) the NCEES SE examination with a passing score as established by the NCEES.

(4) If an applicant for reinstatement of licensure as a professional engineer passed the examinations required for licensure as an engineer under prior Utah statutes and rules, the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302h(1).

(5) Prior to registering directly with NCEES to sit for the NCEES PE examination, an applicant shall:

(a) complete the education requirements set forth in Subsection R156-22-302b; and

(b) provide verification to NCEES of passing the NCEES FE examination.

(6) The admission criteria to sit for the NCEES FE examination is set forth in Section 58-22-306.

(7) In accordance with Subsection 58-22-302(4)(d)(ii), an applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302h, except that the Board may waive one or more of the following:

(a) the NCEES FE examination, for an applicant who:

(i) is a principal for five of the last seven years preceding the date of the license application; and

(ii) was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(b) the NCEES PE examination for an applicant who:

(i) has been a principal for five of the last seven years preceding the date of the license application;

(ii) has been licensed for ten years preceding the date of the license application; and

(iii) was not required to pass the NCEES PE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302i Qualifications for Licensure -- Examination Requirements for Professional Structural Engineer

In accordance with Subsection 58-22-302(2)(f), the examination requirements for licensure as a professional structural engineer are defined, clarified, or established as the following:

(1) the NCEES FE examination with a passing score as established by the NCEES; and one of the following:

(a) the NCEES SE examination with a passing score as established by the NCEES;

(b) the NCEES Structural I and Structural II Examinations with a passing score as established by the NCEES;

(d) the NCEES Structural II exam and an equivalent 8-hour state written examination with a passing score.

(2) Prior to registering directly with NCEES to sit for the NCEES SE examination, an applicant shall:

(a) complete two out of the three years of the experience requirements set forth in Subsection R156-22-302f; and

(b) provide verification to NCEES of passing the NCEES FE examination.

(3) An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302i, except that the Board may waive the NCEES FE examination for an applicant who:

(a) has been a principal for five of the last seven years preceding the date of the license application; and

(b) was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-302j Qualifications for Licensure -- Examination Requirements for Professional Land Surveyor

In accordance with Subsection 58-22-302(3)(e), the examination requirements for licensure as a professional land surveyor are defined, clarified, or established as the following:

(1) the NCEES FS examination with a passing score as established by the NCEES;

(2) the NCEES PS examination with a passing score as established by the NCEES; and

(3) the Utah Professional Land Surveyor Examination, with a passing score of at least 75%.

(4) An applicant who fails the Utah Professional Land Surveyor Examination may retake the examination:

(a) no sooner than 30 days following any failure, up to three failures; and

(b) no sooner than six months following any failure thereafter.

(5) Prior to registering directly with NCEES to sit for the NCEES PS examination, an applicant shall:

(a) complete the education requirement set forth in Section R156-22-302c; and

(b) provide verification to NCEES of passing the NCEES FS examination.

(6) An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Section R156-22-302j, except that the Board may waive either the NCEES FS examination or the NCEES PS examination, or both, for an applicant who:

(a) has been a principal for five of the last seven years preceding the date of the license application; and

(b) was not required to pass the NCEES FS examination or the NCEES PS examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-304 Continuing Education for Professional Engineers, Professional Structural Engineers, and Professional Land Surveyors

In accordance with Subsection 58-22-303(2) and Section 58-22-304, the qualifying continuing professional education standards for professional engineers, professional structural engineers and professional land surveyors are established as follows:

(1) During each two-year period ending on March 31 of each odd numbered year, a licensed professional engineer, professional structural engineer, and professional land surveyor shall complete at least 30 hours of qualified professional education directly related to the ethics, business and technical content aimed at maintaining, improving, or expanding the skills and knowledge relevant to the licensee's professional practice.

(2) The required hours of professional education for an individual who first becomes licensed during the two-year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Qualified continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the licensee's professional practice;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training and experience; and

(e) have a competent method of registration of individuals who actually completed the education program, with records of registration and completion available for review.

(4) Credit for qualified continuing professional education shall be recognized as follows:

(a) unlimited hours for each hour of professional education completed in blocks of time of not less than 50 minutes, in formally established classroom courses, seminars, or conferences;

(b) a maximum of 15 hours for teaching in a college or university or for teaching qualified continuing professional education courses in the field of professional engineering, professional structural engineering or professional land surveying, provided it is the first time the material has been taught during the preceding 12 months;

(c) a maximum of five hours for preparation of papers, articles, or books directly related to the practice of professional engineering, professional structural engineering, or professional land surveying and submitted for publication; and

(d) a maximum of ten hours for service on committees or in leadership roles in any state, national or international organization for the development and improvement of the profession of professional engineering, professional structural engineering, or professional land surveying but no more than five of the ten hours may be obtained from such activity in any one organization;

(e) unlimited hours for continuing education provided via Internet or through home study courses provided the course verifies registration and participation in the course by means of a test which demonstrates that the participant has learned the material.

(5) A licensee shall maintain records of completed qualified continuing professional education for a period of four years after close of the two-year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to qualified continuing professional education to demonstrate it meets the requirements of this section.

(6) If a licensee exceeds the 30 hours of qualified continuing professional education during the two-year period, the licensee may carry forward a maximum of 15 hours into the next two-year period.

(7) Any licensee who fails to timely complete the continuing education required by this rule shall be required to complete double the number of hours missed to be eligible for renewal or reinstatement of licensure.

(8) Any applicant for reinstatement who was not in compliance with the continuing education requirement at the time of the expiration of licensure shall be required to complete 30 hours of continuing education within two years prior to the date of application for reinstatement of licensure.

(9) The Division may waive continuing education in accordance with Section R156-1-308d.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-305 Inactive Status

(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the professional engineer, professional structural engineer or professional land surveyor licensee shall not engage in the profession for which the license was issued while the license is on inactive status, except to identify the individual as an inactive licensee.

(2) A license shall be active and in good standing prior to being placed on inactive status.

(3) Inactive status licensees are not required to fulfill the continuing education requirement.

(4) In addition to the requirements in Subsection R156-1-305(6) to reactivate an inactive license, a licensee shall provide documentation that the licensee, within two years of the license being reactivated, completed 30 hours of continuing education.

(5) Prior to a license being reactivated, a licensee shall meet the requirements for license renewal.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) submitting an incomplete final plan, specification, report or set of construction plans to:

(a) a client, when the licensee represents, or could reasonably expect the client to consider the plan, specification, report or set of construction plans to be complete and final; or

(b) to a building official for the purpose of obtaining a building permit;

(2) failing as a principal to exercise responsible charge;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter;

(4) receiving gratuities from material, product, or services suppliers for specifying or endorsing their goods or services;

(5) failing to fully disclose and obtain consent in writing of the principal employer and all interested parties prior to accepting or engaging in supplemental professional engineering, structural engineering, or land surveying services; and

(6) failing to conform to the accepted and recognized standards and ethics of the profession, including those established in the "Rules of Professional Conduct", as published in the NCEES Model Rules, revised August 2016, which is hereby incorporated by reference.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-503 Administrative Penalties

(1) In accordance with Subsection 58-22-503, the following fine schedule shall apply to citations issued under Title 58, Chapters 1 and 22:

TABLE

FINE SCHEDULE

Violation First Offense Second Offense

58-1-501(1)(a) $1,000.00 $2,000.00

58-1-501(1)(b) $1,000.00 $2,000.00

58-1-501(1)(c) $1,000.00 $2,000.00

58-1-501(1)(d) $1,000.00 $2,000.00

58-1-501(1)(e) $1,000.00 $2,000.00

58-1-501(2)(a) $1,000.00 $2,000.00

58-1-501(2)(b) $1,000.00 $2,000.00

58-1-501(2)(c) $ 800.00 $1,600.00

58-1-501(2)(d) $ 250.00 $ 500.00

58-1-501(2)(e) $ 800.00 $1,600.00

58-1-501(2)(f) $ 800.00 $1,600.00

58-1-501(2)(g) $1,000.00 $2,000.00

58-1-501(2)(h) $1,000.00 $2,000.00

58-1-501(2)(i) $1,000.00 $2,000.00

58-1-501(2)(j) $1,000.00 $2,000.00

58-1-501(2)(k) $1,000.00 $2,000.00

58-1-501(2)(l) $1,000.00 $2,000.00

58-1-501(2)(o) $1,000.00 $2,000.00

58-22-501(1) $ 800.00 $1,600.00

58-22-501(2) $ 800.00 $1,600.00

58-22-501(3) $ 800.00 $1,600.00

58-22-501(4) $ 800.00 $1,600.00

58-22-501(5) $ 800.00 $1,600.00

58-22-502.5 $1,000.00 $2,000.00

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-22-601 Seal Requirements

(1) In accordance with Section 58-22-601, all final plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats prepared by the licensee or prepared under the supervision of the licensee, shall be sealed in accordance with the following:

(a) Each seal shall be a circular seal, 1-1/2 inches minimum diameter.

(b) Each seal shall include the licensee's name, license number, "State of Utah", and, as appropriate, "Professional Engineer", "Professional Structural Engineer", or "Professional Land Surveyor".

(d) Each original set of final plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats, as a minimum, shall have the original seal imprint, original signature and date placed on the cover or title sheet.

(e) A seal may be a wet stamp, embossed, or electronically produced.

(f) Electronically generated signatures are acceptable.

(g) It is the responsibility of the licensee to provide adequate security when documents with electronic seals and electronic signatures are submitted. Sheets subsequent to the cover of specifications are not required to be sealed, signed and dated.

(h) Copies of the original set of plans, specifications, reports, maps, sketches, surveys, drawings, documents and plats which contain the original seal, original signature and date is permitted, if the seal, signature and date is clearly recognizable.

(2) A person who qualifies for and uses the title of professional engineer intern is not permitted to use a seal.

History

KEY: professional land surveyors, professional engineers, professional structural engineers
Date of Last Change: August 21, 2017
Notice of Continuation: May 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-24b Physical Therapy Practice Act Rule

Utah Admin. Code R156-24b-101 Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Physical Therapy Practice Act Rule."

(2) This rule is adopted by the Division under Subsection 58-1-106(1)(a), to enable the Division to administer Title 58, Chapter 24b, Physical Therapy Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 24b, Physical Therapy Practice Act. In addition:

(1) "APTA" means the American Physical Therapy Association.

(2) "Credential evaluation" as used in Subsections R156-24b-302a(3) and (5)(b) means an educational evaluation using the Coursework Tool (CWT) owned by the Federation of State Boards of Physical Therapy to evaluate the educational equivalency of a physical therapy program outside of the United States to a CAPTE-approved program.

(3) "CAPTE" means the Commission on Accreditation in Physical Therapy Education.

(4) "Continuing education" or "CE" means qualified continuing professional education that meets the standards in Section R156-24b-303b.

(5) "FCCPT" means the Foreign Credentialing Commission on Physical Therapy.

(6) "FSBPT" means the Federation of State Boards of Physical Therapy.

(7) "Joint mobilization" as used in Subsections 58-24b-102(15)(d)(iii) and 58-24b-402(2)(d) means a manual therapy technique comprising a continuum of skilled passive movements to a joint or related soft tissue that is applied at varying speeds and amplitudes including a high-velocity low-amplitude (HVLA) therapeutic movement.

(8) "NPTE" means the National Physical Therapy Examination administered by the FSBPT and includes:

(a) the NPTE for Physical Therapists (NPTE-PT) licensure; or

(b) the NPTE for Physical Therapist Assistants (NPTE-PTA) licensure.

(9) "Recognized accreditation agency" as defined in Subsection 58-24b-102(12) and used in Section 58-24b-302 means a physical therapy education program that is accredited by CAPTE.

(10) "Routine assistance" as used in Subsections 58-24b-102(11)(b) and 58-24b-401(3)(b) means the physical therapy aide:

(a) engages in the assembly, disassembly, maintenance, transportation, preparation, and other operational activities relevant to the equipment and accessories necessary for treatment; and

(b) provides elementary and direct patient care that the patient and the patient's family members could reasonably be expected to learn and perform.

(11)(a) "Supportive personnel" as used in Subsections R156-24b-404(1) and (2) means a physical therapist assistant or a physical therapy aide.

(b) "Supportive personnel" does not include a student in:

(i) a physical therapist program; or

(ii) a physical therapist assistant program.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-302a Qualifications for Licensure - Education Requirements

(1) Under Subsection 58-24b-302(1)(b), an applicant for licensure as a physical therapist who completed a physical therapy education program in a state, district, or territory of the United States shall:

(a) graduate from a physical therapy education program that is CAPTE-accredited; and

(b) ensure that the applicant's education institution sends one of the following directly to the Division:

(i) the applicant's transcript showing the applicant graduated from the institution's CAPTE-accredited physical therapy education program; or

(ii) a letter from the program director or another authorized official that includes:

(A) a statement that the applicant graduated from the education institution's CAPTE-accredited physical therapy education program;

(B) a signature of the program director or authorized official; and

(2) Under Subsection 58-24b-302(2)(b), an applicant for licensure as a physical therapist assistant who completes an education program in a state, district, or territory of the United States shall:

(a) graduate from a CAPTE-accredited:

(i) physical therapy assistant education program; or

(ii) physical therapy education program; and

(b) ensure that the applicant's education institution sends one of the following directly to the Division:

(i) the applicant's transcript showing the applicant graduated from the institution's CAPTE-accredited:

(A) physical therapy assistant education program; or

(B) physical therapy education program; or

(ii) a letter from the program director or another authorized official that includes:

(A) a statement that the applicant graduated from the education institution's CAPTE-accredited:

(I) physical therapy assistant education program; or

(II) physical therapy education program;

(B) a signature of the program director or authorized official; and

(3) Under Subsections 58-1-302(3) and 58-24b-302(3)(b)(ii), an applicant for physical therapist licensure who is educated outside the United States shall submit to the Division a Type 1 Review credential evaluation from the FCCPT that verifies:

(a) the applicant meets the requirements of Subsection 58-24b-302(3)(d); and

(b) the applicant's education program:

(i)(A) has no deficiencies; and

(B) is the equivalent to a CAPTE-approved program; or

(ii) meets the following requirements:

(A) the education program is deficient;

(B) each deficiency in the education program is in one of the following pre-professional topic areas:

(I) the humanities;

(II) the social sciences;

(III) the liberal arts;

(IV) the physical sciences;

(V) the biological sciences;

(VI) the behavioral sciences;

(VII) mathematics; or

(VIII) advanced first aid for health care workers;

(I) completing college level credits in the deficient area; or

(II) passing the College Level Examination Program (CLEP) demonstrating proficiency in the deficient area; and

(D) the FCCPT determined that the applicant's education program and the completed corrective education under Subsection (3)(b)(ii)(C) is equivalent to a CAPTE-accredited physical therapy program.

(4) Under Subsection 58-24b-302(4), an applicant who holds a current unrestricted physical therapist license or physical therapist assistant license issued by another state, district, or territory of the United States, other than Utah shall:

(a) ensure that the applicant's education institution sends documentation directly to the Division that meets the requirements of Subsection (1)(b) or (2)(b); or

(b) ensure that the FSBPT sends the applicant's passing score transfer directly to the Division.

(5) Under Subsection 58-24b-302(2)(b), an applicant for physical therapist assistant licensure shall meet the following requirements:

(a) graduate from a physical therapist assistant education program that is accredited by CAPTE with one of the following degrees:

(i) an associate's degree;

(ii) a bachelor's degree; or

(iii) a master's degree; or

(b) under Subsection (1)(b) and Section 58-1-302, if the applicant was licensed or educated in a jurisdiction outside the United States, the applicant shall submit to the Division a credential evaluation from the FCCPT that meets the requirements of Subsections (3)(a) and (b).

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-302b Qualifications for Licensure - Examination Requirements

(1) Under Subsections 58-24b-302(1)(c) and (f) and 58-24b-302(3)(c) and (f), an applicant for physical therapist licensure shall pass the NPTE-PT.

(2) Under Subsections 58-24b-302(2)(c) and (f), an applicant for physical therapist assistant licensure shall pass the NPTE-PTA.

(3) An applicant for licensure shall ensure that the FSBPT sends the applicant's passing examination score directly to the Division.

(4) An applicant for licensure as a physical therapist who fails the NPTE-PT is eligible to register with FSBPT to sit for the NPTE-PTA examination.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-303a Term, Expiration, Renewal, and Reinstatement of License

(1) Under Subsections 58-1-308(1) and 58-24b-303(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 24b, Physical Therapy Practice Act, is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308a through R156-1-308l, except as provided in Subsection (3).

(3) Under Subsection 58-1-308(5)(a)(ii)(B) and except as in Subsections 58-1-308(6)(b) and (7), an applicant whose license was active and in good standing when it expired may apply for reinstatement of licensure between two years and five years after the date of expiration if the applicant meets the following practice reentry requirements:

(a) the applicant shall:

(i) submit an application demonstrating compliance with each requirement and condition of license renewal;

(ii) pay all license renewal and reinstatement fees for the current renewal period; and

(iii) submit evidence of completion of qualified continuing professional education hours for each renewal period in which the license was expired;

(b) if not previously completed, the applicant shall submit to and pass a criminal background check under Section 58- 1-301.5; and

(c) the applicant shall complete one or more of the following practice reentry requirements, if required by the Division in collaboration with the Board:

(i) meet with the Board to evaluate the applicant's:

(A) qualifications for licensure; and

(B) ability to safely and competently practice physical therapy;

(ii) pass the NPTE-PT or NPTE-PTA, if the Division in collaboration with the Board determines that examination or reexamination is necessary to verify the applicant's ability to safely and competently practice;

(iii) complete a plan of supervision under a Board-approved supervisor that may include up to 4,000 hours of physical therapy training under a temporary physical therapist license or a temporary physical therapist assistant license before the applicant may qualify for full reinstatement of the license; or

(iv) comply with each additional licensure requirement or condition considered necessary by the Division in collaboration with the Board to protect the public and ensure that the applicant is currently competent to engage in the profession.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-303b Continuing Education

(1) Under Subsection 58-24b-303(2), the continuing education requirement for a physical therapist or physical therapist assistant during each two-year renewal cycle commencing on June 1 of each odd numbered year are established in this section.

(2) As used in this section:

(a) "Contact hour" means 50 continuous minutes of participation in a continuing education activity without a break period.

(b) "Continuing Education Unit" or "CEU" means the standard unit of measurement to signify a licensee's completion of participation in a continuing education activity.

(i) a fellowship, residency, specialty certification, degree awarding education program, or in-person attendance at a live educational program event in which participants can interact with the presenter in real time; and

(ii) one contact hour of Category I CEU equals two continuing education units.

(d) "Category II" CEU means:

(i) in-person attendance at live educational coursework or a live education program in a school setting, an electronic course with assessment, volunteer service, clinical instructor supervision, or teaching a physical therapy education course; and

(ii) one contact hour of Category II CEU equals 1 and 1/2 continuing education units.

(e) "Category III" CEU means:

(i) electronic physical therapy educational coursework without assessment or examination, in-service presentations, self-study, journal clubs, or ethics or law coursework; and

(ii) one contact hour of Category III CEU equals one continuing education unit.

(f) "Category IV" CEU means:

(i) licensed practice by a physical therapist or physical therapist assistant, up to a total of 500 hours; and

(ii) 50 practice hours of Category IV CEU equals one CEU.

(g) "Clinical instructor supervision" means the supervision of one or more:

(i) non-physical therapy students;

(ii) physical therapist assistants; or

(iii) physical therapy students.

(h) "Fellowship" means a post-professional program focused on a defined area of practice for professionals who have already completed a residency, or who are board-certified by the American Board of Physical Therapy Specialties (ABPTS) in a related area of specialty.

(i) "Group study" means a group of two or more licensed professionals that regularly meets to discuss shared areas or fields of learning, with topics that advance professional skill and experience.

(j) "Independent study" means structured learning experiences by an individual that take place outside of traditional learning environments.

(k) "Publication" means activities undertaken by an author or coauthor to design or implement, research, draft, edit, and submit material for publication.

(l) "Renewal educational coursework" means live, in-person, or electronic education with assessment undertaken in traditional learning environments, academic coursework, lectures, seminars, conferences, or workshops.

(m) "Research" means contribution to a research project through data collection, project development, or consultation.

(n) "Residency" means a post-professional program that focuses on a defined area of physical therapy practice.

(o) "Volunteer service" means services provided at no charge that rely on the skills and advance the professional competence of a physical therapist or physical therapist assistant, such as serving on a professional board or providing services at a health fair screening.

(3) During each two-year renewal cycle, a physical therapist shall complete at least 40 CEUs, of which at least two CEUs shall be in ethics or law. A physical therapist who completes more than the required number of CEUs during a two-year renewal cycle may carry over up to ten excess CEUs to the next two-year renewal cycle.

(4) During each two- year renewal cycle, a physical therapist assistant shall complete at least 20 CEUs, of which at least two CEUs shall be in ethics or law. A physical therapist assistant who completes more than the required number of CEUs during a two-year renewal cycle may carry over up to five excess CEUs to the next two-year renewal cycle.

(5) If a licensee first becomes licensed during the two-year renewal period, the licensee's required number of CEUs shall be decreased proportionately according to the date of licensure.

(6) The Division may defer or waive CEU requirements under Section R156-1-308d.

(7) A licensee may not apply continuing education or coursework education, including professional upgrades, that the licensee received before being granted a license, to CEUs required after the license is granted.

(8) CEU credit shall be recognized as follows, during each two-year renewal cycle:

(a) for clinical instructor supervision CEUs, up to ten CEUs for a physical therapist and up to five CEUs for a physical therapist assistant;

(b) for lecturing or instructing a course at an accredited university or college, continuing education course, or as an invited guest lecturer, up to ten CEUs for a physical therapist and up to five CEUs for a physical therapist assistant, subject to the following:

(i) one CEU shall be awarded for each hour of instruction;

(ii) credit shall be awarded for lecturing or instructing the same course up to two times; and

(iii) documentation of completion shall include a certificate or record from the human resources department.

(c) for volunteer service CEUs, up to ten CEUs for a physical therapist and up to five CEUs for a physical therapist assistant; and

(d) for practice hours CEUs, up to ten CEUs for a physical therapist and up to five CEUs for a physical therapist assistant.

(9) A continuing education course for a physical therapist or physical therapist assistant shall meet the following requirements:

(a) have content relevant to the practice of physical therapy;

(b) have learning objectives that are clearly stated in course material;

(d) be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or facility involved in the practice of physical therapy; or

(iv) a commercial continuing education provider;

(e) may be completed as any of the following:

(i) department in-service;

(ii) seminar;

(iii) lecture;

(iv) conference;

(v) training session;

(vi) webinar;

(vii) internet course;

(viii) distance learning course;

(ix) journal club;

(x) authoring of a scholarly peer-reviewed journal article or textbook publication;

(xi) poster platform presentation;

(xii) specialty certification through the American Board of Physical Therapy Specialties;

(xiii) post-professional clinical residency or fellowship approved by the American Physical Therapy Association;

(xiv) post-professional doctorate from a CAPTE accredited program;

(xv) lecturing or instructing a continuing education course; or

(xvi) study of a scholarly peer-reviewed journal article; and

(f) for an ethics or law continuing education course, include any of the following subjects:

(i) patient-physical therapist relationships;

(ii) confidentiality;

(iii) documentation;

(iv) charging and coding;

(v) compliance with state or federal laws that impact the practice of physical therapy; or

(vi) a subject in the American Physical Therapy Association Code of Ethics or Guide for Professional Conduct.

(10) A licensee shall maintain adequate documentation as proof of compliance with this section, such as certificate of compliance, school transcript, course description, or other course materials, for two years after the end of the renewal cycle for which the continuing education is due, as follows:

(a) at minimum, CEU course documentation shall include:

(i) date of the course;

(ii) name of the course provider;

(iii) name of the instructor;

(iv) course title;

(v) course objectives; and

(vi) number of contact hours of continuing education credit; and

(b) if the CEU is self-directed, such as independent study, group study, authoring, or in-service, documentation shall include:

(i) dates of study or research;

(ii) title and an abstract of an article, textbook chapter, poster, or platform presentation;

(iii) objectives of a self-study course; and

(iv) number of contact hours of continuing education credit.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-305 Temporary Licensure

(1) Under Subsection 58-1-303(1), the Division may issue a temporary physical therapist license or temporary physical therapist assistant license to an applicant who meets each qualification for licensure as a physical therapist or physical therapist assistant except for the passing of the required examination if the applicant meets the following requirements:

(a) has graduated from a CAPTE-accredited physical therapy school within three months before submitting an application for licensure;

(b) is under the direct and on-site supervision of a physical therapist who has an active and non-temporary license, if the applicant is employed as a physical therapist; and

(2) A temporary physical therapist license or temporary physical therapist assistant license issued under Subsection (1) expires the earlier of:

(a) six months from the issuance date;

(b) the date the examination agency notifies the Division that the applicant has failed the examination; or

(3) A temporary physical therapist license or temporary physical therapist assistant license issued under this section may not be renewed or extended except as in Subsection 58-1-302(6)(c)(ii).

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-306 Trigger Point Dry Needling - Education and Experience Required - Registration

(1) Under Subsection 58-24b-306(1)(b)(i), for a trigger point dry needling course to be approved by the Division, the course shall be , approved, conducted, or sponsored by one of the following :

(a) a recognized accredited college or university;

(b) a state or federal agency;

(d) the Board.

(2) Under Subsections 58-24b-306(1)(e) and (2)(b), a physical therapist shall complete an approved trigger point dry needling course and required supervised patient treatment hours under Subsection 58-24b-306(1)(b)(ii)(B) within three calendar years from the date the course started.

(3) Under Subsection 58-24b-306(1)(c), a physical therapist who completes the trigger point dry needling course shall register with the Division by submitting:

(a) a completion certificate for the course that is issued by the organization that approved, conducted, or sponsored the course under Subsection (1); and

(b)(i) a log verifying completion of the physical therapist's supervised patient treatment hours under Subsection 58- 24b-306(1)(b)(ii)(B); or

(ii) a letter from the supervising physical therapist that:

(A) states that the supervised physical therapist completed the supervised patient treatment hours required under Subsection 58-24b-306(1)(b)(ii)(B);

(B) is on the letterhead of the supervising physical therapist's organization; and

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-404 Physical Therapist Supervisory Authority and Responsibility

(1) Under Section 58-24b-404, a physical therapist who supervises supportive personnel as defined in Subsection R156-24b-102(11) shall meet the requirements of this section.

(2) A full-time physical therapist may supervise up to three full-time equivalent supportive personnel at one time unless otherwise approved by the Division in collaboration with the Board.

(3) A supervising physical therapist shall:

(a) meet each patient of the supervised physical therapist assistant at least every tenth visit or within 30 days from the last date the supervising physical therapist met with the patient, whichever is sooner; and

(b) further assess the patient, evaluate treatment, and modify the patient's treatment plan.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-24b-502 Unprofessional Conduct

Under Subsection 58-24b-502(4), "unprofessional conduct" includes:

(1) as a physical therapist, violating one of the following:

(a) the APTA's Code of Ethics for the Physical Therapist, last amended August 12, 2020, which is incorporated by reference;

(b) the APTA's Guide for Professional Conduct, last amended March 2019, which is incorporated by reference; or

(2) as a physical therapist assistant, violating one of the following:

(a) the APTA's Standards of Ethical Conduct for the Physical Therapist Assistant, last amended August 12, 2020, which is incorporated by reference; or

(b) the APTA's Guide for Conduct of the Physical Therapist Assistant, last amended March 2019, which is incorporated by reference.

History

KEY: licensing, physical therapy, physical therapist, physical therapist assistant, physical therapy aide
Date of Last Change: December 23, 2025
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-26a Certified Public Accountant Licensing Act Rule

Utah Admin. Code R156-26a-101 Title - Authority - Organization

(1) This rule is known as the "Certified Public Accountant Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 26a, Certified Public Accountant Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 26a, Certified Public Accountant Licensing Act. In addition:

(1) "Academic Unit" means the number of semester or quarter credit hours awarded by a nationally or regionally accredited academic program.

(a) One semester or quarter hour awarded for upper division academic work shall be credited as one Academic Unit.

(b) One semester or quarter hour awarded for post graduate academic work shall be credited as 1.6 Academic Units.

(2) "Accounting Coursework Requirements" as used in Subsection R156-26a-302a(1)(b) means:

(a) 24 semester Academic Units or 36 quarter Academic Units in upper division or graduate-level accounting courses that includes at least one course in each of the following subjects:

(i) financial accounting;

(ii) auditing;

(iii) taxation;

(iv) managerial or cost accounting; and

(v) accounting information systems or data analytics.

(b) An accounting internship may satisfy up to six semester Academic Units or nine quarter Academic Units under Subsection R156-26a-102(2)(a).

(3) "Administering organization" means an organization approved by the Division and the Board to administer peer reviews in the peer review program.

(4) "AICPA" means the Association of International Certified Professional Accountants.

(5) "AICPA Uniform CPA Examination" means the Uniform CPA Examination approved and administered by the AICPA and NASBA.

(6) "AICPA Examination of Professional Ethics for CPAs" means the professional ethics examination for CPA's approved and administered by the AICPA and NASBA.

(7) "Business Coursework Requirements" as used in Subsection R156-26a-302a(1)(b) means 12 semester or 18 quarter Academic Units in business-related coursework that:

(a) may be earned through lower division, upper division, or post graduate-level coursework;

(b) cannot be used to satisfy the Accounting Coursework Requirements under Subsection R156-26a-102(2); and

(i) accounting, subject to Subsection R156-26a-102(3)(b);

(ii) business administration;

(iii) business communications;

(iv) business ethics;

(v) business law;

(vi) business logistics and supply chain management;

(vii) business leadership and management;

(viii) business project management;

(ix) business information systems;

(x) economics;

(xi) finance;

(xii) human resources;

(xiii) introduction to financial or managerial accounting;

(xiv) marketing;

(xv) statistics and quantitative methods; or

(xvi) taxation.

(8) "Certified transcript" under Subsection 58-26a-302(1)(c) shall mean an applicant's official academic transcript which has been:

(a) Directly mailed, electronically sent, or otherwise delivered directly from the academic institution to the Division; or

(b) Delivered to the Division in an envelope sealed by the academic institution.

(9) (CPAES) means the CPA Examination Services of the NASBA.

(10) "CPE" means qualified continuing professional education as under Section 58-26a-304.

(11) "CPE Audit Service" means the online continuing professional education reporting system administered by NASBA.

(12) "Home jurisdiction" means the jurisdiction where a CPA or CPA firm is licensed and their principal place of business is located.

(13) "Individual mobility" means an individual CPA licensee:

(a) meets the requirements of Subsection 58-26a-305(1)(a) to perform services through mobility in Utah; and

(b) does not need to obtain a Utah CPA license or otherwise register with the Division.

(14) "Mobility" means a practice privilege included under Subsections 58-26a-305(1)(a) and (2) that generally permits a CPA who meets the requirements of Subsection 58-26a-305(1)(a)(i) to:

(a) practice as a CPA in Utah under Section 58-26a-305 without obtaining a Utah CPA license; and

(b) be subject to the conditions of Subsections 58-26a-305(1)(a)(ii) and (2) including Division discipline based on the mobility CPA's performance of services in Utah whether provided physically, electronically, or otherwise.

(15) "Mobility tool" as used in Subsection R156-26a-305(6) means the online tool developed by the AICPA and NASBA to help CPAs and CPA firms understand mobility and determine their eligibility for mobility and is available at https://cpamobility.nasba.org.

(16) "Nationally accredited" means an education program accredited by:

(a) the Association to Advance Collegiate Schools of Business (AACSB); or

(b) the Accreditation Council for Business Schools and Programs (ACBSP).

(17) NASBA means the National Association of State Boards of Accountancy.

(18) "Peer review program" or "PRP" means the AICPA's quality control program through which a CPA firm is periodically audited or tested by an external peer organization using professional standards to:

(a) ensure the highest ethical and professional standards are being used to produce quality services;

(b) provide accountability and transparency; and

(19) "Qualified continuing professional education (CPE)" means continuing education that meets the standards in Section R156-26a-303b.

(20) "Regionally accredited" means an education program accredited by:

(a) the Northwest Commission on Colleges and Universities (NWCCU);

(b) the North Central Association of Colleges and Schools (NCA);

(d) the New England Commission on Higher Education (NECHE);

(e) the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC); or

(f) the Western Association of Schools and Colleges (WASC).

(21) "Unprofessional conduct" is further defined, under Subsection 58-1-203(1)(e), in Section R156-26a-501.

(22) "Year of review" means the calendar year during which a peer review is to be conducted.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-201 Advisory Peer Committees Created - Membership - Duties

(1) There is created under Subsection 58-1-203(1)(f) the Education Advisory Committee to the Board that shall:

(a) consist of one full time faculty member from each college or university in Utah that has a nationally accredited or regionally accredited program, except the majority of these committee members shall be licensed CPAs;

(b) be appointed and serve under Section R156-1-205; and

(c) have the duty and responsibility to assist the Division in the Division's duties, functions, and responsibilities including:

(i) advising the Board on the acceptability of an educational institution including the institution's:

(A) accreditation;

(B) the acceptability by other state licensing boards;

(D) other educational resources;

(ii) assisting the Board to determine under Section R156-26a-306 if an applicant is qualified to sit for the AICPA Uniform CPA Examination; and

(iii) advising the Board regarding proposed rule changes.

(2) There is created under Subsection 58-1-203(1)(f) the Advisory Peer Review Program Committee to the Board that shall:

(a) consist of up to ten licensed CPAs;

(b) be appointed and serve under Section R156-1-205; and

(i) reviewing the results of peer reviews by administering organizations; and

(ii) as the Advisory Peer Review Program Committee determines necessary, requiring corrective action of a firm that:

(A) has significant deficiencies noted in the peer review under Subsection R156-26a-201(2)(c)(i); and

(B) is in addition to any corrective actions required by the administering organization;

(iii) evaluating compliance of CPE programs;

(iv) performing random audits to determine compliance with the CPE requirements and the standards for CPE programs;

(v) reviewing complaints made to the Division and recommending whether certain acts, practices, or omissions violate the ethical standards of the profession;

(vi) providing technical assistance to the Division; and

(vii) serving as expert witnesses at administrative hearings.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-302a Qualifications for CPA Licensure - Education Requirements

(1) Under Subsection 58-26a-302(1)(c), an applicant shall submit certified transcripts from a nationally accredited or regionally accredited institution showing completion of the educational requirements under Subsection 58-26a-302(1)(c)(i).

(a) An applicant who has completed a bachelors or masters program with a major in accounting or taxation shall be deemed to have met the education requirements of Subsection 58-26a-302(1)(c)(i).

(b) An applicant who has completed a bachelors, masters or other equivalent program with a major in any area of study other than accounting shall be deemed to have met the education requirements of Subsection 58-26a-302(1)(c)(i) if the submitted transcript shows successful completion of all Accounting Coursework Requirements under Subsection R156-26a-102(2) and Business Coursework Requirements under Subsection R156-26a-102(4).

(c) An applicant may complete the Accounting Coursework Requirements and Business Coursework Requirements as part of the bachelors, masters or other equivalent degree described or in addition to applicant's bachelors masters or other equivalent degree.

(2) An applicant may request that the Division in collaboration with the Board or the Education Advisory Committee review the applicant's degree from an education program that is not nationally accredited or regionally accredited to determine the degree's equivalency to the educational requirement of Subsection R156-26a-302a(1).

(3) The Division, in collaboration with the Board or the Education Advisory Committee may accept an applicant's education if the applicant:

(a) is licensed or was licensed as a certified public accountant in the United States under Subsection 58-26a-302(2)(a); or

(b) obtained:

(i) licensure equivalent to Subsection 58-26a-302(2)(a) in a jurisdiction outside of the United States; and

(ii) submits a verification from NASBA showing compliance with the terms of a current Mutual Recognition Agreement between the jurisdiction described in Subsection 302(3)(b)(i) and the International Qualifications Appraisal Board of NASBA.

(4) The Division in collaboration with the Board or the Education Advisory Committee may make a written finding for cause that a particular nationally accredited, regionally accredited, or non-accredited institution or program is not acceptable.

(5) Under Subsection 58-26a-306(1)(c), the Board designates CPAES as the organization that shall determine if an applicant has met the education requirements and is approved to sit for the AICPA Uniform CPA Examination. If an applicant disputes CPAES's determination, the Board shall make the final determination.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-302b Qualifications for CPA Licensure - Experience Requirements

(1) An applicant under Subsection 58-26a-302(1)(d) shall submit evidence of two years of accounting experience meeting the requirements of Subsection 58-26a-102(9).

(2) A post graduate degree may be substituted for one year of experience under Subsection R156-26a-302b(1).

(3) An applicant by endorsement under Subsection 58-26a-302(2) shall submit evidence that the applicant:

(a) is licensed as a certified public accountant in the United States; or

(b) has obtained:

(i) licensure equivalent to Subsection R156-26a-302b(1) in a jurisdiction outside of the United States; and

(ii) a verification from NASBA showing compliance with the terms of a current Mutual Recognition Agreement between the jurisdiction in Subsection R156-26a-302b(2)(a) and the International Qualifications Appraisal Board of NASBA.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-302c Qualifications for Licensure - Examinations

This section describes the qualifications required by an applicant before taking the qualifying examination under Subsection 58-26-302(1)(e).

(1) Under Subsection 58-26a-306(1)(a), the form of application approved by the Division is the application that CPAES requires to sit for the AICPA Uniform CPA Examination.

(2) Under Subsection 58-26a-306(1)(b), the fee is the fee charged by CPAES. No additional fee is due to the Division.

(3) Under 306(1)(c), an applicant shall submit a certified transcript showing:

(a) completion of a bachelors, masters, or higher degree with a major in accounting or taxation; or

(b) completion of:

(i) the Accounting Coursework Requirements described in Subsection R156-26a-102(2); and

(ii) the Business Coursework Requirements described in Subsection R156-26a-102(4).

(i) part of a degree program;

(ii) separate from a degree program through a nationally accredited or regionally accredited institution; or

(iii) through an institution deemed equivalent to a nationally or regionally accredited institution under Subsection R156-26a-302a(2).

(4) Under Subsections 58-26a-306(1)(c) and (d), the Board designates CPAES as the organization that shall determine if an applicant has met the education requirements and is approved to sit for the AICPA Uniform CPA Examination. If an applicant disputes CPAES's determination, the Board shall make the final determination.

(5) An applicant for licensure as a certified public accountant shall also pass:

(a) the AICPA Examination of Professional Ethics for CPAs with a score of at least 90%; and

(b) the Utah (CPA) Laws and Rules Examination with a score of at least 75%.

(6) The Division in collaboration with the Board may accept testing of a person who holds a license as a certified public accountant or equivalent designation in a foreign country, if the applicant has obtained from NASBA verification of compliance with the terms of a current Mutual Recognition Agreement between the foreign country and the International Qualifications Appraisal Board of NASBA.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-303a Renewal Requirements - Peer Review Program

(1)(a) Under Subsections 58-1-308(3)(b) and 58-26a-303(2)(b), a licensee shall meet the peer review program requirement as a condition for the renewal of a license issued under Title 58, Chapter 26a, Certified Public Accountant Licensing Act.

(b) If an administering organization performing a peer review of a licensee who is unwilling or unable to comply with or intentionally disregards professional standards, the administering organization shall refer the matter to the Division to determine the appropriate action.

(2) A firm engaged in the practice of public accounting shall undergo a peer review as defined in Subsection 58-26a- 102(14) that is:

(a) performed at the firm's own expense;

(b) commensurate in scope with the firm's practice;

(d) administered by an accounting firm as the administering organization; and

(3)(a) The administering organization providing the peer review shall:

(i) assign the year of review for the licensee; and

(ii) as part of the peer review program:

(A) review the work product of the licensee; and

(B) monitor the licensee's compliance with professional standards.

(b) If the administering organization finds the licensee is non-compliant, then the administering organization shall:

(ii) emphasize education; and

(iii) may include other remedial actions.

(4) This subsection describes the timing of the initial peer review process and role of regulatory bodies performing peer review.

(a) Within 18 months after the administering organization issues its initial report as defined in Subsection 58-26a- 102(20), the administering organization shall assign a deadline to start the initial peer review.

(b) the role of regulatory bodies performing peer reviews shall be as follows:

(i) A regulatory body may perform a portion of the peer review if the Board approves the regulatory body as an administering organization.

(ii) The peer review performed by a regulatory authority under Subsection R156-26a-303(4)(b)(i) does not satisfy the peer review requirement unless the regulatory body fulfills the other standards in this rule.

(5) This subsection describes the assignment of peer reviewers or inspectors.

(a) A firm scheduled for peer review as defined in Subsection 58-26a-102(14) shall engage a reviewer qualified to conduct the peer review.

(b) A regulatory body shall assign the inspector.

(6) This subsection describes the qualifications of a peer reviewer.

(a) A peer reviewer shall provide evidence to the administering organization that the peer reviewer:

(i) has been accepted as a peer reviewer by the AICPA; or

(ii) meets the qualifications required by the AICPA to qualify as a peer reviewer.

(b) A peer reviewer shall be licensed or hold a permit to practice as a CPA in Utah or in another jurisdiction of the United States.

(d) A regulatory body shall determine the qualifications of inspectors.

(7) This subsection describes the minimum standards for peer reviews.

(a)(i) A peer reviewer shall conduct each peer review according to the Standards for Performing and Reporting on Peer Reviews promulgated by the AICPA, effective June 1, 2023, which are incorporated by reference.

(ii) The requirement under Subsection R156-26a-303a(7)(a) does not require a firm or licensee to become a member of the AICPA or another administering organization.

(b) The Board may review the standards used by the regulatory body to determine if those standards are sufficient to satisfy all or part of the peer review requirements.

(8) If an administering organization finds that a peer review was not performed in accordance with this rule or the peer review results in a pass with deficiencies or fail report, the Peer Review Committee may require remedial action to assure that the review or performance of the CPA or CPA firm being reviewed meets the objectives of the peer review program.

(9) This subsection describes the peer review standards for multi-state CPA firms.

(a) For a multi-state firm, the Division may accept a peer review based solely upon work conducted by a peer reviewer outside of Utah as satisfying the requirement to undergo peer review under this rule, if:

(i) the peer review is conducted during the year scheduled or rescheduled under Subsection R156-26a-303a(12);

(ii) the peer review is performed in accordance with requirements equivalent to those of Utah;

(iii) the peer review:

(A) studies, evaluates, and reports on the quality control system of the firm as a whole in the case of system reviews; or

(B) results in an evaluation and report on selected engagements in the case of engagement reviews;

(iv) the firm's internal inspection procedures require that the firm's personnel from another office outside the state perform the inspection of the office located in Utah not less than once in each three-year period; and

(v) at the conclusion of the peer review, the peer reviewer issues a report equivalent to that required by Subsection R156-26a-303a(7) or in the case of an approved regulatory body, a report is issued under their standards.

(b) A multi-state firm seeking approval under Subsection R156-26a-303a(9)(a) shall submit an application to the administering organization by February 1 of the year of review that establishes the peer review it proposes to undergo meets the requirements of Subsection R156-26a-303a(7).

(10) This subsection describes the requirements for a firm to be exempt from peer review.

(a) A firm that does not perform services encompassed in the scope of minimum standards as set out in Subsection R156-26a-303a(7)(a) or (b) is exempt from peer review and shall notify the Division of the exemption at the time of renewal of its registration.

(b) A firm exempt under Subsection R156-26a-303a(10)(a) that begins providing these services shall begin a peer review within 18 months of the date of the issuance of its initial report as defined in Subsection 58-26a-102(16).

(11) This subsection describes the peer review obligations of firms following consolidations, mergers, and divisions.

(a) If two or more firms are merged or sold and combined, the new firm shall retain the year of review of the largest of the firms that are merged or sold and combined.

(b) If a firm is divided, each new firm shall retain the year of review of the original firm, except if the year of review is less than 12 months after the original firm was divided, then a new year of review shall be assigned.

(c) Upon application to the administering organization and a showing of hardship caused solely by compliance with Subsection R156-26a-303a(12), the Division may authorize a change in a firm's year of review.

(12) This subsection describes the process for extending the time for a peer review.

(a) If a firm can demonstrate that the time established for the conduct of a peer review will create an unreasonable hardship upon the firm, the Division may approve an extension of up to 180 days from the date the peer review was originally scheduled.

(b) A firm's request for extension under Subsection R156-26a-303a(12)(a) shall:

(i) be in writing:

(ii) be submitted to the Division; and

(ii) include a copy to the administering organization responsible for administering the firm's peer review;

(c) The firm shall send the request under Subsection R156-26a-303a(12)(a) to the Division and to the administering organization at least 30 days before the date of scheduled review or the request will not be considered; and

(d) If the Division approves an extension, the Division shall notify the administering organization of the extension.

( 13) This subsection describes the file retention requirements for the administering organization.

(a) Peer review documentation necessary to establish that each peer review was performed in conformity with peer review standards adopted by the Board including:

(i) the peer review working papers;

(ii) the peer review report;

(iii) comment letters and related correspondence indicating the firm's concurrence or nonconcurrence; and

(iv) any proposed remedial actions and related implementation; and

(b) Peer review documentation under Subsection (13)(a) for the longer of:

(i) 120 days; or

(ii) the administering organization's retention schedule.

(14) This subsection describes the allocation of costs associated with peer reviews.

(a) The costs associated with a firm-on-firm review shall be:

(i) negotiated between the firm and the reviewer; and

(ii) paid directly to the reviewer.

(b) The administering organization shall:

(i) set the costs associated with committee assigned review team (CART);

(ii) collect the fees associated with committee assigned review team (CART) reviews; and

(iii) pay the reviewer.

(i) paid from fees charged to the firms;

(ii) collected by the administering organization; and

(ii) based on a fee schedule included in the administering organization's proposal which:

(A) specifies how much shall be paid each year; and

(B) is based on firm size.

(15) If requested by the Peer Review Program Committee or the technical reviewer performing a peer review, a CPA or CPA firm shall allow access to confidential documents including financial statements, working papers, or other documents to verify that the peer review is performed according to professional standards.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-303b Continuing Professional Education (CPE)

This section describes the qualified CPE requirements under Section 58-26a-304.

(1) A CPA shall complete at least 80 hours of CPE during each two-year licensure cycle ending on December 31 of each even-numbered year, except that no CPE hours are required at the first renewal after initial licensure.

(2) As part of a CPA's 80 hours of CPE, a CPA shall complete:

(a) at least one hour that covers Title 58, Chapter 26a, the Certified Public Accountant Licensing Act, and Rule R156- 26a, the Certified Public Accountant Licensing Act Rule; and

(b) at least three hours of ethics education that covers at least one of the following areas:

(i) the AICPA Code of Professional Conduct;

(ii) case-based instruction focusing on real-life situational learning;

(iii) ethical dilemmas faced by accounting professionals; or

(iv) business ethics.

(3) This subsection describes the duties of a CPA to maintain knowledge, skills, and abilities.

(a) A CPA shall maintain current knowledge, skills, and abilities in each area in which the CPA provides services to provide services in a competent manner.

(b) A CPA may be required to obtain more than the 80 hours of CPE credits required under Section 58-26a-304 to meet the requirements of Subsection (3)(a).

( 4) A CPA licensed under this rule shall complete the 80 hours of CPE required under Subsection (2) through courses that meet the requirements of the Statement on Standards for Continuing Professional Education (CPE) Programs, revised January 2024, that is published by AICPA and NASBA, which is incorporated by reference.

(5) This subsection describes CPE reporting requirements to the Division.

(a) The license renewal deadline and the CPE hours reporting period deadline shall be December 31 of each even- numbered year.

(b) Except as otherwise authorized by the Division, a licensee shall enter each earned CPE hour into the CPE Audit Service for online reporting and auditing of CPE compliance.

(c) A licensee applying for license renewal shall provide evidence to the Division that the licensee has met the CPE hours requirements under Section 58-26a-304 and this section.

(d) At the time of application for reinstatement, an individual or firm applying for license reinstatement shall provide evidence to the Division that the individual or firm has met the CPE hour requirements under Section R156-26a-307.

(e) If a licensee provides evidence to the Division that the licensee has met the CPE hour requirements under Section 58-26a-304 and this section and renews the license before December 31 of an even-numbered year, then any additional CPE hour completed by that licensee through the remainder of the even-numbered year may be reported and carried forward toward the next succeeding CPE reporting period subject to Subsection (6).

(6) This subsection describes the carry forward provisions of the CPE program.

(a) A licensee who completes more than the required hours of CPE during the reporting period may carry forward up to 40 hours to the next succeeding reporting period.

(b) CPE hours obtained in the current reporting period and CPE hours carried forward from the previous reporting period shall qualify as general CPE hours only for the current reporting period.

(7) This subsection describes the impact of a CPA to failing to comply with CPE requirements.

(a) A licensee who fails to complete the required minimum CPE hours by the reporting deadline may not renew the license until the licensee completes the required CPE hours and reports the CPE hours to the Division.

(b)(i) Under Subsection 58-26a-304(4), a licensee may request that the Division in collaboration with the Board waive the CPE hours requirements or grant an extension for CPE hours on the basis that the licensee was not able to complete the continuing professional education due to medical condition or a related condition confirmed in writing by a qualified health care provider.

(ii) The qualified health care provider under Subsection (7)(b)(i) shall include the following in the written medical confirmation:

(A) the beginning and ending dates during which the licensee's medical condition would have prevented the licensee from completing the CPE hours;

(B) the extent of the licensee's medical condition; and

(C) the effect that the licensee's medical condition had upon the ability of the licensee to continue to engage in the practice of accountancy;

(iii) The Division in collaboration with the Board shall review the applicant's request for CPE waiver and shall consider whether the licensee continued to be engaged in the practice of accountancy on a full time or part time basis during the period specified by the medical confirmation under Subsections (7)(b)(i) and (ii).

(iv) If the Division waives the minimum CPE hours for a licensee, the licensee shall still be required to provide services:

(A) in a competent manner; and

(B) with current knowledge, skill, and ability.

(v) If a medical condition or another condition prevents a licensee from providing services that meet the requirements of Subsections (7)(b)(iv)(A) and (B), the CPA shall refrain from providing such services.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-303c Renewal Cycle

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 26a, Certified Public Accountant Licensing Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-305 Exemptions from Licensure - Mobility

(1) A CPA performing services in Utah through individual mobility shall hold a license in the home jurisdiction that is:

(a) active;

(b) unrestricted; and

(b) in good standing.

(2) A CPA performing services through mobility shall only perform the same level of services, attest or non-attest, in the mobility jurisdiction as they are permitted to perform in their home jurisdiction.

(3) A CPA firm not licensed in Utah may perform services through mobility in Utah as a person exempt from licensure pursuant to Subsection 58-26a-305(1)(a), if:

(a) the CPA firm's principal place of business is not in Utah;

(b) the CPA firm holds an active, unrestricted CPA firm license in good standing in its home jurisdiction; and

(c) the CPA firm meets the ownership and peer review requirements of the mobility jurisdiction pursuant to Subsection 58-26a-302(3)(a)(iii) and Section R156-26a-303a.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-307 Reinstatement of Licenses

(1) Under Subsection 58-1-308(1), an individual who held a Utah license that has expired for failure to renew for nonpayment of fees, or an individual applying for reinstatement from emeritus status, may be relicensed upon satisfactory completion of:

(a) submission of an application on Division-approved forms that shall contain information as to why the individual allowed their license to lapse; and

(b) 80 hours of qualified CPE completed within the 12 months preceding the submission of the application for reinstatement, which shall include:

(i) at least 16 hours in accounting or auditing or both; and

(ii) successful completion of the AICPA Professional Ethics for Certified Public Accountants Examination:

(A) with a score in each examination that meets the current minimum score for each examination that is required for initial licensure; and

(B) which shall count as eight hours of CPE toward the 80-hour CPE requirement.

(2) The Division may waive the requirements in Subsection R156-26-307(1)(b) if the applicant for reinstatement:

(a) has not been practicing within Utah since the expiration of the license being reinstated;

(b) has continuously since the expiration been licensed and practicing in another state; and

(c) demonstrates that the applicant has met the CPE requirements that would have been applicable in Utah during the time the license was expired in Utah.

(3) The Division may waive the requirements in Subsection R156-26a-307(1)(b) for an applicant if:

(a) the applicant failed to renew because of inadvertent failure to:

(i) pay the renewal fees;

(ii) sign application documents; or

(iii) meet similar technical application requirements;

(b) the application for reinstatement is filed with the Division within 24 months after expiration date of the license; and

(i) attended acceptable CPE courses; and

(ii) complied with the CPE requirements at all times.

(4) The number of hours required to reinstate a license may not satisfy any CPE hour that may be required for subsequent renewal of the license.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-501 Unlawful Conduct

Under Section 58-26a-501, the following citation fine schedule shall apply to a Division citation issued to an individual licensed under Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 26b, Certified Public Accountant Licensing Act:

TABLE 1

Fine Schedule

Subsection

Violation

First Offense

Second Offense

(1)

58-1-501(1)(a)

$500 - $1,000

$1,000 - $2,000

(2)

58-1-501(1)(b)

$500 - $1,000

$1,000 - $2,000

(3)

58-1-501(1)(c)

$500 - $1,000

$1,000 - $2,000

(4)

58-1-501(1 (d)

$500 - $1,000

$1,000 - $2,000

(5)

58-1-501(1)(e)

$500 - $1,000

$1,000 - $2,000

(6)

58-1-501(1)(g)

$500 - $1,000

$1,000 - $2,000

(7)

58-26a-501(1)(a)

$500 - $1,000

$1,000 - $2,000

(8)

58-26a-501(1)(b)

$500 - $1,000

$1,000 - $2,000

(9)

58-26a-501(1)(c)

$500 - $1,000

$1,000 - $2,000

(10)

58-26a-501(1)(d)(i)

$500 - $1,000

$1,000 - $2,000

(11)

58-26a-501(1)(d)(ii)(A)

$500 - $1,000

$1,000 - $2,000

(12)

58-26a-501(1)(d)(ii)(B)

$500 - $1,000

$1,000 - $2,000

(13)

Other unlawful conduct

$500 - $1,000

$1,000 - $2,000

(14)

Subsequent offense

Up to $2,000 for each day of the continued offense

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-26a-502 Unprofessional Conduct

Under Section 58-1-203 and Subsection 58-26a-102(24), "unprofessional conduct" includes:

(1) willfully failing to comply with continuing professional education requirements;

(2) fraudulently reporting CPE;

(3) failing to conform to the accepted and recognized standards and ethics of the profession including those in the AICPA Code of Professional Conduct, effective December 15, 2014, updated through December 2025 which is incorporated by reference; or

(4) a CPA firm using the name of an individual who is not a licensed certified public accountant as part of the CPA firm name, except that a CPA firm may continue to use the name of a former owner who was a CPA but who has retired or is no longer active in the CPA firm.

History

KEY: accountant, CPA, accounting firm, CPA firm, licensing, peer review, peer review program, continuing professional education
Date of Last Change: July 8, 2026
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 58-26a-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-28 Veterinary Practice Act Rule

Utah Admin. Code R156-28-101 Title - Authority - Organization and Relationship to Rule R156-1

(1) This rule is known as the "Veterinary Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 28, Veterinary Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-102 Definitions

In addition to the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 28, Veterinary Practice Act:

(1) "In association with licensed veterinarians" as used in Subsection 58-28-307(6), means an out of state licensed veterinarian who performs veterinarian services in this state at the request of a Utah licensed veterinarian regarding a specific client or patient, and the services provided by the out of state licensed veterinarian are limited to that specific request.

(2) "NBEC" means the National Board Examination Committee of the American Veterinary Medical Association.

(3) "Patient" means any animal receiving veterinarian services.

(4) "Practice of veterinary medicine, surgery, and dentistry" as defined in Subsection 58-28-102(11) does not include implanting an electronic device to establish and maintain positive identification of animals.

(5) "Unprofessional conduct," as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 28, Veterinary Practice Act, is further defined in accordance with Subsection 58-1-203(1)(e), in Section R156-28-502.

(6) "Working under" as used in Subsection 58-28-102(17) means:

(a) unlicensed assistive personnel perform the delegated tasks in Utah, while supervised by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act;

(b) the manner and means of performance of the delegated tasks are subject to the right of control of, or are controlled by, the supervising veterinarian; and

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-302a Qualifications for Licensure - Education Requirements

Under Subsection 58-28-302(2)(a), if an applicant for licensure as a veterinary intern has graduated, but the educational institution has not yet posted the degree on the official transcript, the applicant may submit the official transcript together with a letter from the dean or registrar of the educational institution, that certifies that the applicant has obtained the degree but it is not yet posted to the official transcript.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-302b Qualifications for Licensure - Experience Requirements

Under Subsection 58-1-203(1), the experience requirements for licensure in Subsection 58-28-302(1) are defined, clarified, or established as follows:

(1)(a) Each applicant for licensure as a veterinarian shall complete 1,000 hours of experience while licensed as a veterinarian intern under the supervision of a licensed veterinarian.

(d) If the experience is completed in a jurisdiction outside of Utah that does not issue veterinarian, veterinarian intern, or comparable licenses, or completed in a setting that does not require licensure, the applicant shall demonstrate that the experience was:

(i) lawfully obtained;

(ii) obtained after the applicant met the education requirement in Subsection 58-28-302(1)(b);

(iii) supervised by a licensed veterinarian, or by a person who was exempted from licensure but possessed substantially equivalent qualifications; and

(iv) comparable to experience that would be obtained in a standard veterinarian practice setting in Utah.

(e) Supervision may be obtained by indirect supervision as defined in Section 58-28-102, if the supervisor supplements the indirect supervision with routine face to face contact as the supervisor considers appropriate in the supervisor's professional judgment.

(f) Each applicant shall demonstrate completion of the experience required by submitting a verification of experience signed by the applicant and by the applicant's supervisor on forms approved by the Division.

(g) If a supervisor is unavailable or refuses to provide a verification of experience, the applicant shall:

(i) submit a complete explanation of why the supervisor is unavailable; and

(ii) submit verification of the experience by alternative means acceptable to the Board, which shall demonstrate that the experience was:

(A) profession-related work;

(B) competently performed; and

(C) sufficient accumulated experience for the applicant to be granted a license without jeopardy to the public health, safety, or welfare.

(2) Under Subsection 58-37-6(1)(a), a veterinary intern is not eligible to obtain a controlled substance license during the internship.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-302c Qualifications for Licensure - Examination Requirements

Under Subsection 58-1-203(1), the examination requirements for licensure in Subsection 58-28-302(1)(a) are defined, clarified, or established as follows:

(1) Applicants who passed examinations before May 1, 2000, shall submit documentation showing they passed:

(a) the National Board Examination (NBE) of the National Board Examination Committee (NBEC) of the American Veterinary Medical Association (AVMA), with a minimum passing score as determined by the NBEC; and

(b) the Clinical Competency Test (CCT) of the NBEC with a minimum passing score as determined by the NBEC.

(2) Applicants who passed examinations after May 1, 2000, shall submit documentation showing they passed the North American Veterinarian Licensing Examination (NAVLE) with a score as determined by the NBEC.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1) and Sections 58-28-305 and 58-28-310, the renewal date for the two-year renewal cycle for licenses or state certifications under Title 58, Chapter 28, Veterinary Practice Act is established in Subsection R156-1- 308a(1).

(2) Renewal procedures shall be in accordance with Sections R156-1-308b through R156-1-308l.

(3) Applicants for renewal shall meet the continuing education requirements in Section R156-28-304a or Section R156- 28-304b, as applicable.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-304a Continuing Education - Veterinarian

Under Section 58-28-306, there is created a continuing education requirement as a condition for renewal or reinstatement of licenses issued under Title 58, Chapter 28, Veterinary Practice Act. Continuing education shall comply with the following criteria:

(1)(a) During each two-year period commencing on September 30 of each even-numbered year, a licensee shall complete at least 24 hours of qualified continuing education directly related to the licensee's professional practice.

(b) At least one hour of the 24 hours shall be specifically related to recognizing opioid use and dependency in office staff, clients, and coworkers.

(c) At least one hour of the 24 hours shall be devoted to topics that improve communication in the veterinary workplace for clients, employees, or recruitment, such as for example:

(i) clinician-patient relationships;

(ii) employee engagement and team building;

(iii) diversity, equity, and inclusion, such as topics relating to culture, race, ethnicity, religion, gender, gender identity, sexual orientation, disability, or issues such as unconscious bias, cross-culture communication, or access and legal aspects of anti-discrimination;

(iv) business writing or other professional communication; or

(v) communication skills training, such as topics relating to active listening, non-verbal communication, or communication styles.

(2) If a licensee is initially licensed during the two-year period, the licensee's required number of continuing education hours shall be decreased proportionately according to the date of licensure.

(3) Continuing education shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a veterinarian;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have a competent method of registration of individuals who completed the professional education program, with records of that registration and completion available for review.

(4) The Division shall recognize continuing education as follows:

(a) unlimited hours for continuing education as a student or presenter, completed in blocks of time of not less than one hour in formally established classroom courses, seminars, lectures, wet labs, or specific veterinary conferences approved or sponsored by one or more of the following:

(i) the American Veterinary Medical Association;

(ii) the Utah Veterinary Medical Association;

(iii) the American Animal Hospital Association;

(iv) the American Association of Equine Practitioners;

(v) the American Association of Bovine Practitioners;

(vi) certifying boards recognized by the AVMA;

(vii) other state veterinary medical associations or state licensing boards; or

(viii) the Registry of Continuing Education (RACE) of the AASVB;

(b) up to five continuing education hours for being the primary author of an article published in a peer reviewed scientific journal, and up to two continuing education hours for being a secondary author;

(d) if the course has no instructor or the instructor is not physically present, such as for internet, audio and visual recordings, broadcast seminars, mail, or other correspondence courses, the course shall assure the licensee's participation and acquisition of the knowledge and skills intended by an examination.

(5) A licensee shall maintain documentation sufficient to prove compliance with this section for two years after the end of the two-year renewal cycle for which the continuing education is due.

(6) A licensee who cannot complete the continuing education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing education is not available, may be excused from the requirement for up to three years under Section R156-1-308d.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-304b Continuing Education - State Certified Veterinary Technician

Under Section 58-28-310, there is created a continuing education requirement as a condition for renewal or reinstatement of a state certification issued under Title 58, Chapter 28, Veterinary Practice Act. Continuing education shall comply with the following criteria:

(1)(a) During each two-year period commencing on September 30 of each even-numbered year, a state certified veterinary technician shall complete at least 12 hours of qualified continuing education directly related to their professional practice.

(b) At least nine of the 12 continuing education hours shall be specific to medical practices.

(2) The Division shall recognize continuing education as outlined in Subsection R156-28-304a(4).

(3) A state certified veterinary technician shall maintain documentation sufficient to prove compliance with this section for two years after the end of the two-year renewal cycle for which the continuing education is due.

(4) A state certified veterinary technician who cannot complete the continuing education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing education is not available, may be excused from the requirement for up to three years under Section R156-1-308d.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-309a Qualifications for State Certification - Education Requirements

Under Subsection 58-1-203(1), the education requirements in Subsection 58-28-309(2)(b) for state certification as a state certified veterinary technician are defined, clarified, or established as follows:

(1) Each applicant shall submit an official transcript demonstrating that the applicant graduated from a veterinary technician or veterinary nurse training program that was accredited, as of the date of the applicant's graduation by:

(a) the AVMA Committee on Veterinary Technician Education and activities (AVMA-CVTEA); or

(b) the Canadian Veterinary Medical Association (CVMA); or

(2) submit evidence, on forms approved by the Division, of at least 6,000 hours of paid on-the-job training by a licensed veterinarian, that included at minimum:

(a) general veterinary care;

(b) lab skills;

(d) surgical experience; and

(e) dental experience.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-309b Qualifications for State Certification - Experience Requirements

Under Subsections 58-1-203(1) and 58-28-309(2)(e), the experience required for state certification as a state certified veterinary technician is as follows:

(1)(a) Each applicant shall have completed at least six continuous months of full time experience working in a veterinary clinic as a veterinary technician or as unlicensed assistive personnel, under the supervision of a veterinarian that has held an active license in good standing for at least two years; or

(b) if the experience is completed in a jurisdiction outside of Utah that does not issue veterinary technician certification or comparable licenses, or completed in a setting that does not require certification or licensure, the applicant shall demonstrate that the experience was:

(i) lawfully obtained;

(ii) obtained after the applicant met the education requirement described in Section R156-28-309a;

(iii) supervised by a licensed veterinarian, or by a person who was exempted from licensure but possessed substantially equivalent qualifications; and

(iv) comparable to veterinary technician experience that would be obtained in a standard veterinary practice setting in Utah.

(2) Each applicant shall demonstrate completion of the required experience by submitting a verification of experience signed by the applicant and by the applicant's supervisor on forms approved by the Division.

(3) If a supervisor is unavailable or refuses to provide a verification of experience, the applicant shall:

(a) submit a complete explanation of why the supervisor is unavailable; and

(b) submit verification of the experience by alternative means acceptable to the Board, which shall demonstrate that the experience was:

(i) profession-related work;

(ii) competently performed; and

(iii) sufficient experience for the applicant to be granted state certification without jeopardy to the public health, safety, or welfare.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-502 Unprofessional Conduct

(1) Unprofessional conduct includes:

(a) deviating from the minimum standards of veterinary practice in Section R156-28-503;

(b) permitting unlicensed assistive personnel to perform duties that the individual is not competent by education, training, or experience to perform; or

(c) failing to conform to the generally accepted and recognized standards and ethics of the profession, including the Principles of Veterinary Medical Ethics of the American Veterinarian Medical Association (AVMA), as approved by the AVMA Executive Board, revised August 2019, which are incorporated by reference (Principles).

(2) If a licensee fails to establish the veterinarian-client-patient relationship as required in Section II of the Principles, the failure may not excuse the veterinarian from complying with other duties that would be imposed on the veterinarian if the veterinarian had properly established the veterinarian-client-patient relationship.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

Utah Admin. Code R156-28-503 Minimum Standards of Practice

Under Subsection 58-28-102(18) and Section 58-28-603, a veterinarian shall comply with the following minimum standards of practice in addition to the generally recognized standards and ethics of the profession:

(1) A veterinarian shall compile and maintain records on each patient that include at least the following information:

(a) client's name, address, and phone number, if telephone is available;

(b) patient's identification, such as name, number, tag, species, age, and gender, except for herds, flocks, or other large groups of animals, which may be more generally defined;

(d) treatments provided, including drugs used and dosages; and

(e) date of service.

(2) A veterinarian shall:

(a) maintain veterinary medical records under Subsection (1) so that any veterinarian coming into a veterinary practice may, by reading the veterinary medical record of a particular animal, be able to proceed with the proper care and treatment of the animal; and

(b) maintain veterinary medical records under Subsection (1) for at least five years from the date that the veterinarian last treated the animal.

(3) A veterinarian shall maintain a sanitary environment to avoid sources and transmission of infection, including:

(a) proper routine disposal of waste materials; and

(b) proper sterilization or sanitation of equipment used in diagnosis and treatment.

(4) A veterinarian who holds a controlled substance license shall comply with Title 58, Chapter 37, Utah Controlled Substances Act, and Rule R156-37, Utah Controlled Substances Act Rule.

History

KEY: veterinary medicine, licensing, veterinarian
Date of Last Change: May 1, 2026
Notice of Continuation: May 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101

R156-31b Nurse Practice Act Rule

Utah Admin. Code R156-31b-101 Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Nurse Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 31b, Nurse Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 31b, Nurse Practice Act. In addition:

(1) "Accreditation" means formal recognition and approval of a nurse education program by an accrediting body for nursing education that is approved by the United States Department of Education.

(2) "Administering" means the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person.

(3) "APRN" means advanced practice registered nurse.

(4) "APRN-CRNA" means advanced practice registered nurse with registered nurse anesthetist certification.

(5) "Approved continuing education" means:

(a) continuing education that has been approved by a nationally or internationally recognized approver of professional continuing education for health-related industries;

(b) nursing education courses offered by an approved education program as defined in Subsection (6);

(c) health-related coursework taken from an educational institution accredited by a regional or national institutional accrediting body recognized by the U.S. Department of Education;

(d) continuing education approved by any state board of nursing; or

(e) training or educational presentations offered by the Division.

(6) "Approved education program" as defined in Subsection 58-31b-102(3) is further defined to mean a prelicensing nursing education program that meets the standards in Sections 58-31b-601 and R156-31b-601.

(7) "Approved re-entry program" means a program designed to evaluate nursing competencies for nurses that is:

(a)(i) approved by a state board of nursing; or

(ii) offered by an accredited nursing education program; and

(b) includes a minimum of 150 hours of supervised clinical learning.

(8) "Certificate of Academic Status" means the Division form that may be completed by an approved registered nursing education program for an applicant for a registered nurse apprentice license, to prove the applicant's qualifications for licensure under Subsections 58-31b-302(3)(e) and (f) and Section R156-31b-302c.

(9) "CGFNS" means the Commission on Graduates of Foreign Nursing Schools.

(10)(a) "Clinical practice experiences" means, as used in the Commission on Collegiate Nursing Education's Standards for Accreditation of Baccalaureate and Graduate Nursing Programs, amended 2024, planned learning activities in nursing practice that allow students to understand, perform, and refine professional competencies at the appropriate program level.

(b) "Clinical practice experiences" may be known as clinical learning opportunities, clinical practices, clinical strategies, clinical activities, experiential learning strategies, or practice.

(11) "CNA" means a certified nurse aide.

(12) "Completed" an education program under Section 58-31b-302, means:

(a) graduation from the education program, verified by official transcripts showing degree and date of program completion; and

(b) for an LPN applicant under Subsection 58-31b-302(2)(e) and Section R156-31b-302b, may include:

(i) current enrollment in an RN approved education program; and

(ii) completion of coursework in the RN approved education program that is equivalent to the coursework of a PN approved education program.

(13) "Comprehensive nursing assessment" means:

(a) conducting extensive initial and ongoing data collection:

(i) for individuals, families, groups, or communities; and

(ii) addressing anticipated changes in patient conditions as well as emergent changes in patient health status;

(b) recognizing alterations to previous patient conditions;

(d) evaluating the impact of nursing care; and

(e) using data generated from the assessments conducted pursuant to Subsections (a) through (d) to:

(i) make independent decisions regarding patient health care needs;

(ii) plan nursing interventions;

(iii) evaluate any possible need for different interventions; and

(iv) evaluate any possible need to communicate and consult with other health team members.

(14) "Contact hour" in the context of continuing education means 60 minutes, and may include a ten-minute break.

(15) "Delegate" means:

(a) to transfer to another nurse the authority to perform a selected nursing task in a selected situation;

(b) for an APRN who specializes in psychiatric mental health nursing, to transfer to a licensed mental health therapist selected psychiatric APRN supervisory clinical experiences within generally accepted industry standards; or

(c) to transfer to an unlicensed individual, including unlicensed assistive personnel or a responsible caregiver, the authority to perform a task that, according to generally accepted industry standards or law, does not require a nursing assessment as defined in Subsections (13) and (20).

(16) "Delegatee" means one or more persons assigned by a delegator to act on the delegator's behalf.

(17) "Delegator" means:

(a) a licensed nurse directly responsible for a patient's care, who assigns to another licensed or unlicensed individual the authority to perform a task on behalf of the delegator under Subsection 58-31b-102(12)(g) or R156-31b-102(15), or Section R156-31b-701a or R156-31b-701b; or

(b) a responsible caregiver who delegates to an unlicensed direct care worker the performance of nursing care for a patient under Sections 58-31b-308.1 and R156-31b-701c.

(18)(a) "Disruptive behavior" means conduct, whether verbal or physical, that:

(i) is demeaning, outrageous, or malicious;

(ii) occurs during the process of delivering patient care; and

(iii) places a patient at risk.

(b) "Disruptive behavior" does not include criticism that is offered in good faith with the aim of improving patient care.

(19) "EAP" means Emergency Action Plan.

(20) "Focused nursing assessment" means an appraisal of a patient's status and situation at hand, including:

(a) verification and evaluation of orders; and

(b) assessment of:

(i) the patient's nursing care needs;

(ii) the complexity and frequency of the required nursing care;

(iii) the stability of the patient; and

(iv) the availability and accessibility of resources, including appropriate equipment, adequate supplies, and other appropriate health care personnel to meet the patient's nursing care needs.

(21) "Foreign nurse education program" means any program that originates or occurs outside of the United States.

(22) "Individualized healthcare plan" or "IHP" means a written document that:

(a) is developed by the school nurse using the nursing process that includes assessment, diagnosis, outcome identification, planning, implementation, and evaluation;

(b) outlines the provision of student healthcare services intended to achieve specific student outcomes;

(c) includes a confirmed medical diagnosis by a licensed health care provider as defined in Subsection 78B-3-403(13), that is within the health care provider's scope of practice; and

(d) may be used to develop an EAP that instructs school staff how to manage a specific student's medical emergency.

(23) "Licensure by equivalency" applies only to a licensed practical nurse and may be warranted if the person seeking licensure:

(a)(i) has, within the two-year period preceding the date of application, successfully completed course work in a registered nurse education program that meets the criteria established in Sections 58-31b-601 and R156-31b-601; and

(ii) has been unsuccessful on the NCLEX-RN at least one time; or

(b)(i) is currently enrolled in an accredited registered nurse education program; and

(ii) has completed course work that is certified by the education program provider as being equivalent to the course work of a practical nursing program accredited by the Accreditation Commission for Education in Nursing (ACEN), as verified by the nursing education program director or administrator.

(24) "LPN" means licensed practical nurse.

(25) "MAC" means medication aide certified.

(26) "Medication" means a prescription or nonprescription drug as defined in Subsection 58-17b-102(26), 58-17b- 102(39), or 58-17b-102(65) of the Pharmacy Practice Act.

(27) "NCLEX" means the National Council Licensure Examination administered by the NCSBN.

(28) "NCLEX-PN" means the NCLEX for Practical Nurses administered by the NCSBN.

(29) "NCLEX-RN" means the NCLEX for Registered Nurses administered by the NCSBN.

(30) "NCSBN" means the National Council of State Boards of Nursing.

(31) "Nonapproved education program" means a nurse prelicensing course of study that does not meet the criteria of Section 58-31b-601, including a foreign nurse education program.

(32) "Nurse" means:

(a) an individual licensed under Title 58, Chapter 31b, Nurse Practice Act as:

(i) a licensed practical nurse;

(ii) a registered nurse;

(iii) an advanced practice registered nurse; or

(iv) an advanced practice registered nurse-certified registered nurse anesthetist; or

(b) a certified nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act.

(33) "Other specified health care professional," as used in Subsection 58-31b-102(13), means an individual in addition to a registered nurse or a licensed physician who is permitted to direct the tasks of a licensed practical nurse, and includes:

(a) an advanced practice registered nurse;

(b) a certified nurse midwife;

(d) a dentist;

(e) an osteopathic physician;

(f) a physician assistant;

(g) a podiatric physician;

(h) an optometrist;

(i) a naturopathic physician; or

(j) a mental health therapist as defined in Subsection 58-60-102(15).

(34) "Patient" means an individual:

(a) who receives medical or nursing care; and

(b) to whom a licensee owes a duty of care.

(35) "Patient surrogate" means an individual who has legal authority to act on behalf of a patient when the patient cannot act or make decisions unaided, including:

(a) a parent;

(b) a foster parent;

(d) a person legally designated as the patient's attorney-in-fact.

(36) "PN" means an unlicensed practical nurse.

(37) "Psychiatric mental health nursing specialty" means an expertise in psychiatric mental health, whether as a clinical nurse specialist or nurse practitioner licensed as an APRN.

(38) "Practica" means working in the nursing field as a student, not exclusive to patient care activities.

(39) "Practitioner" means a person authorized by law to prescribe treatment, medication, or medical devices.

(40) "RN" means a registered nurse.

(41) "School" means any private or public institution of primary or secondary education, including a charter school, pre-school, kindergarten, or special education program.

(42) "Supervision" means the global definitions of levels of supervision in Section R156-1-102a, as follows:

(a) "Direct supervision" and "immediate supervision" are defined in Subsection R156-1-102a(1)(a).

(b) "Indirect supervision" is defined in Subsection R156-1-102a(1)(b).

(d) "Supervising licensee" is defined in Subsection R156-1-102a(1)(d).

(43)(a) "Unlicensed assistive personnel," as used in Subsection 58-31b-102(18), is further defined to mean an unlicensed individual who performs health care services in a complementary or assistive role to a nurse in carrying out acts included within the definition of the practice of nursing.

(b) "Unlicensed assistive personnel" includes the following:

(i) a nurse aide, orderly, assistant, attendant, technician, home health aide, medication aide permitted or certified by a state agency, unlicensed direct care worker, or any other individual who provides personal care or assistance regarding health- related services; and

(ii) a nursing student not licensed as a nurse, who provides care that is not part of the student's formal educational program, and who must comply with applicable laws and rules regarding the student's performance of care.

(44) "Unprofessional conduct," as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 31b, Nurse Practice Act, is further defined in Section R156-31b-502.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-201 Board of Nursing and Certified Nurse Midwives -- Membership

Under Subsection 58-31b-201(1), the Board of Nursing and Certified Nurse Midwives membership shall comprise of:

(1) one licensed practical nurse;

(2) two advanced practice registered nurses, at least one of whom is an APRN-CRNA;

(3) two RNs;

(4) two nurse midwives; and

(5) two members of the public.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-202 Advisory Peer Education Committee Created - Membership - Duties

(1) Under Subsection 58-1-203(1)(f), there is created the Advisory Peer Education Committee.

(2) The duties and responsibilities of the Advisory Peer Education Committee are to:

(a) review applications for approval of medication aide training programs;

(b) monitor a nursing education program that is approved for a limited time under Section R156-31b-601 as it progresses toward accreditation; and

(3) The composition of the Advisory Peer Education Committee shall be:

(a) seven RNs or APRNs actively involved in nursing education, including at least one representative from each of the following:

(i) a public nursing program;

(ii) a private nursing program; and

(iii) a proprietary nursing program; and

(b) any member of the Board who wishes to serve on the committee.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302a License Classifications - Professional Upgrade

(1) A licensed practical nurse license shall be superseded upon the issuance of a registered nurse license.

(2)(a) An advanced practice registered nurse may hold both an APRN and an RN license in Utah.

(b) Unless the APRN requests that both the APRN and RN licenses remain active, the RN license shall be superseded upon the issuance of the APRN license.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302b LPN License -- Education, Examination, and Experience Requirements

(1) Under Subsection 58-31b-302(2), an LPN applicant who has never obtained an LPN license in any state, district, or territory of the United States or in any jurisdiction outside of the United States, shall:

(a) under Subsection 58-31b-302(2)(e), demonstrate that the applicant:

(i) has completed a PN approved education program;

(ii) has completed a PN education program that is equivalent to a PN approved education program;

(iii)(A) has completed an RN approved education program; and

(B) has taken, but not passed the NCLEX-RN at least one time; or

(iv)(A) is enrolled in an RN approved education program; and

(B) has completed coursework that is equivalent to the coursework of a PN approved education program; and

(b) under Subsection 58-31b-302(2)(f), pass the NCLEX-PN examination pursuant to Section R156-31b-301g.

(2) Under Subsection 58-31b-302(2), an LPN applicant who holds a current LPN license issued by another state, district, or territory of the United States, or by a jurisdiction outside of the United States, shall:

(a) demonstrate that the license issued by the other jurisdiction meets the requirements for licensure by endorsement in Subsection 58-1-302(2); or

(b) complete the requirements of Subsection 58-31b-302(2) and Subsection (1) for an applicant who has never obtained an LPN license.

(3) An applicant who holds a current LPN license in an interstate Party state, as defined in Section 58-31e-102 of the Nurse Licensure Compact, shall:

(a) apply for a license within 90 days of establishing residency in Utah; and

(b) complete the requirements of Subsection (2).

(4) An LPN applicant who was licensed in Utah, but whose license has expired or lapsed, shall:

(a) if the applicant has not practiced as a nurse in any jurisdiction for up to five years, document current compliance with the continuing competency requirements in Subsection R156-31b-303(3);

(b) if the applicant has not practiced as a nurse in any jurisdiction for more than five years but less than eight years:

(i) pass the NCLEX-PN examination within 60 days following the date of application; or

(ii) complete an approved re-entry program; or

(i) complete an approved re-entry program; and

(ii) pass the NCLEX-PN examination within 60 days following the date of application.

(5) Under Subsection 58-31b-302(2), an LPN applicant who has been licensed in another state, district, or territory of the United States or another country, but whose license has expired or lapsed, shall:

(a) demonstrate that the applicant meets the requirements of Subsections (1)(a) and R156-31b-302g(1); and

(b) comply with Subsection (4) as applicable.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302c Registered Nurse Apprentice License - Education, Examination, and Experience Requirements

(1) Under Subsection 58-31b-306.1(4), an applicant for a registered nurse apprentice license shall submit evidence of their qualifications under Subsections 58-31b-302(3)(e) and (f) by ensuring that the applicant's approved registered nurse education program submits a Certificate of Academic Status directly to the Division.

(2) The applicant's registered nurse education program has the sole discretion to decide if it will submit a Certificate of Academic Status for the applicant.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302d RN License -- Education, Examination, and Experience Requirements

(1) Under Subsection 58-31b-302(4), an RN applicant who has never obtained an RN license in any state, district, or territory of the United States, or in a jurisdiction outside of the United States, shall:

(a) under Subsection 58-31b-302(4)(e) demonstrate that the applicant has completed an RN approved education program; and

(b) under Subsection 58-31b-302(4)(f) pass the NCLEX-RN examination pursuant to Section R156-31b-302g.

(2) Under Subsection 58-31b-302(4), an RN applicant who holds a current RN license issued by another state, district, or territory of the United States, or in a jurisdiction outside the United States, shall:

(a) demonstrate that the license issued by the other jurisdiction meets the requirements for licensure by endorsement in Section 58-1-302; or

(b) complete the requirements of Subsection 58-31b-302(4) and Subsection (1) for an applicant who has never obtained an RN license.

(3) An applicant who holds a current RN license in an interstate Party state, as defined in Section 58-31e-102 of the Nurse Licensure Compact, shall:

(a) apply for a license within 90 days of establishing residency in Utah; and

(b) complete the requirements of Subsection (2).

(4) An RN applicant who was licensed in Utah, but whose license has expired or lapsed, shall:

(a) if the applicant has not practiced as a nurse in any jurisdiction for up to five years, document current compliance with the continuing competency requirements in Section R156-31b-303;

(b) if the applicant has not practiced as a nurse in any jurisdiction for more than five years but less than eight years:

(i) pass the NCLEX-RN examination within 60 days following the date of application; or

(ii) complete an approved re-entry program; or

(i) complete an approved re-entry program; and

(ii) pass the NCLEX-RN examination within 60 days following the date of application.

(5) Under Subsection 58-31b-302(4), an RN applicant who has been licensed in another state, district, or territory of the United States or in a jurisdiction outside the United States, but whose license has expired or lapsed, shall:

(a) comply with Subsection R156-31b-302f(2); and

(b) comply with Subsection (4) as applicable.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302e APRN License -- Education, Examination, and Experience Requirements

(1) Under Subsection 58-31b-302(5), an APRN applicant who has never obtained an APRN license in any state, district, or territory of the United States or in any jurisdiction outside of the United States, shall:

(a) under Subsection 58-31b-302(5), demonstrate that the applicant holds a current, active RN license in good standing;

(b) under Subsection 58-31b-302(5)(e), demonstrate that the applicant has completed an APRN prelicensing education program that meets the requirements of Subsection 58-31b-601(1);

(c) pass a national certification examination for nurse practitioner, clinical nurse specialist, certified nurse midwife, or registered nurse anesthetist pursuant to Section R156-31b-302g, that is administered by a certification body approved by:

(i) the National Commission for Certifying Agencies (NCCA); or

(ii) the Accreditation Board for Specialty Nursing Certification (ABSNC); and

(d) if the applicant specializes in psychiatric mental health nursing, demonstrate that the applicant meets the requirements in Subsection (2).

(2)(a) Under Subsection 58-31b-302(5)(g), the supervised clinical practice requirements in mental health therapy and psychiatric mental health nursing for an APRN practicing within the psychiatric mental health nursing specialty, shall consist of at least 4,000 hours of psychiatric mental health nursing education and clinical practice as follows:

(i) 1,000 hours shall be credited as a block of time for completion of clinical practice experiences in an approved education program in psychiatric mental health nursing, regardless of the number of hours completed by the applicant; and

(ii) the remaining 3,000 hours shall:

(A) be completed after passing the applicable national certification examination, and within five years of graduation from an accredited master's or doctoral level educational program;

(B) include a minimum of 1,000 hours of mental health therapy practice; and

(I) an APRN specializing in psychiatric mental health nursing;

(II) a licensed mental health therapist as delegated by the supervising APRN; or

(III) a physician holding active board certification with the American Board of Psychiatry and Neurology (APBN), or equivalent as determined by the Division.

(b) An applicant who obtains the clinical practice hours outside of Utah may receive credit for that experience by demonstrating that the training completed is equivalent to the training under Subsection (2)(a).

(c) An approved supervisor shall verify the applicant's practice as a licensee engaged in the practice of mental health therapy for at least 4,000 hours in a period of at least two years.

(d) Duties and responsibilities of a supervisor include:

(i) maintaining a relationship with the supervisee in which the supervisor is independent from control by the supervisee, and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised;

(ii) supervising not more than three supervisees unless otherwise approved by the Division in collaboration with the Board; and

(iii) submitting appropriate documentation to the Division for work completed by the supervisee, including the supervisor's evaluation of the supervisee's competence to practice.

(3) An applicant who holds a current APRN license issued by another state, district, or territory of the United States, or in a jurisdiction outside the United States, shall:

(a)(i) demonstrate that the license issued by the other jurisdiction meets the requirements for endorsement in Section 58-1-302; and

(ii) document current national certification as a nurse practitioner, clinical nurse specialist, certified nurse midwife, or registered nurse anesthetist pursuant to Section R156-31b-302g, from a certification body approved by:

(A) the National Commission for Certifying Agencies (NCCA); or

(B) the Accreditation Board for Specialty Nursing Certification (ABSNC); or

(b) complete the requirements of Subsection 58-31b-302(5) and Subsection (1) for an applicant who has never obtained an APRN license.

(4) An APRN applicant who has been licensed previously in Utah, but whose license has expired, lapsed, or been on inactive status, shall demonstrate current certification in the individual's specialty area.

(5) An applicant who has been licensed previously in another state, district, or territory of the United States, or another country, but whose license has expired or lapsed, shall:

(a)(i) comply with Subsection (3)(a)(ii); and

(ii) demonstrate that the applicant is currently certified in the individual's specialty area; or

(b) complete the requirements of Subsection 58-31b-302(5) and Subsection (1) for an applicant who has never obtained an APRN license.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302f Nonapproved Nursing Education Programs

(1) Under Subsection 58-31b-303(1)(b) and Section R156-31b-302b, an applicant for LPN licensure who graduated from a nonapproved nursing education program shall demonstrate that the nursing education program completed by the applicant is equivalent by submitting:

(a) a CGFNS Credentials Evaluation Service Professional Report that is acceptable to the Division and the Board; or

(b) documentation of meeting the endorsement requirements of Section 58-1-302.

(2) Under Subsection 58-31b-303(2)(b) and Section R156-31b-302d, an applicant for RN licensure who graduated from a nonapproved nursing education program shall submit:

(a) a CGFNS Certification Program Verification Letter; or

(b) documentation of meeting the endorsement requirements of Section 58-1-302.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302g Examination Requirements

(1)(a) An applicant for licensure as an LPN, RN, Certified Nurse Midwife, or APRN shall pass the applicable licensure or certification examination within five years of the applicant's date of graduation from the approved education program, except as provided in Subsection (1)(b).

(b) An individual specializing in psychiatric mental health nursing shall complete the applicable certification examination before beginning the 3,000 hours of required psychiatric clinical and mental health therapy practice.

(c) An individual who does not pass the licensure or certification examination pursuant to Subsection (1)(a) or (b) shall complete another approved nursing education program before again attempting to pass the licensure or certification examination.

(2) An applicant for certification as an MAC shall pass the NCSBN Medication Aide Certification Examination within one year of completing the approved training program.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-302h Licensing Fees

An applicant for licensure shall pay the nonrefundable application fee before the application may be considered by the Division or Board.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-303 LPN, RN, and APRN License Renewal - Professional Downgrade - Continuing Education

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 31b, Nurse Practice Act, is established in Section R156-1-308a.

(2) Renewal procedures shall be under Sections R156-1-308b through R156-1-308l.

(3) Each applicant for renewal shall comply with the following continuing competency requirements:

(a) An LPN or RN shall complete one of the following during the two-year period immediately preceding the date of application for renewal:

(i) licensed practice for not less than 400 hours;

(ii) licensed practice for not less than 200 hours and completion of 15 contact hours of approved continuing education; or

(iii) completion of 30 contact hours of approved continuing education hours.

(b) An APRN shall comply with the following:

(i)(A) be currently certified or recertified in the licensee's specialty area of practice; or

(B) if licensed before July 1, 1992, complete 30 hours of approved continuing education and 400 hours of practice; and

(ii) if authorized to prescribe controlled substances, comply with Section R156-37-402 and Section 58-37-6.5.

(c) An MAC shall complete eight contact hours of approved continuing education related to medications or medication administration during the two-year period immediately preceding the application for renewal.

(4) A licensee who wishes to downgrade the license in conjunction with a renewal or reinstatement application shall:

(a) comply with the competency requirements of Subsection (3)(a);

(b) pay required fees, including any late fees;

(d) complete and sign a license surrender document as provided by the Division.

(5) A licensee who obtained a license downgrade may apply for license upgrade by:

(a) submitting the appropriate application for licensure complete with the supporting documents required for an initial application for license that demonstrate the applicant meets the current qualifications for licensure;

(b) meeting the continuing competency requirements of Subsection (3); and

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-306 APRN Intern License

(1)(a) Under Subsections 58-31b-306(1)(b) and (3)(b), an APRN intern license expires the earlier of:

(i) 180 days from the date of issuance;

(ii) 30 days after the applicant has failed to take or pass the specialty certification examination; or

(iii) upon issuance of an APRN license.

(b) The Division in collaboration with the Board may extend the term of an APRN intern license upon a showing of extraordinary circumstances beyond the control of the applicant.

(2) Under Section 58-31b-306, an individual holding an APRN intern license specializing in psychiatric mental health nursing shall work under the supervision of an APRN pursuant to Subsection R156-31b-302e(2)(a)(ii)(C)(I).

(3) It is the professional responsibility of an APRN intern to:

(a) inform the Division of examination results within ten calendar days of receipt; and

(b) ensure that the examination agency sends the examination results directly to the Division.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-501 Administrative Penalties

Under Sections 58-1-501, 58-31b-501, 58-31b-502, 58-31b-503, Subsection 58-31b-102(1), and Section R156-31b- 502, and unless otherwise ordered by the presiding officer, the following fine schedule shall apply:

TABLE 1

Fine Schedule

ROW

VIOLATION

FIRST OFFENSE

SECOND OFFENSE

SUBSEQUENT OFFENSE

(1)

58-1-501(1)(a), (b), (c), (d), (e), (f)(i), or (g)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(2)

58-1-501(2)(a)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), or (xv)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(3)

58-1-501(2)(a)(xvi)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(4)

58-1-501(5) or (6)

$ 500 -- $ 5,000

$ 5,000 - $ 10,000

(5)

58-1-501.5

$ 250 - $ 4,000

$ 4,000 - $ 8,000

(6)

58-1-501.6

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(7)

58-1-501.7

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(8)

58-1-501.8

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(9)

58-1-505

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(10)

58-1-506

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(11)

58-1-507

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(12)

58-1-508 violation of 31A- 26-313

$ 500 per violation

(13)

58-1-509

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(14)

58-1-510

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(15)

58-1-512

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(16)

58-1-603

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(17)

58-31b-501(1) or (2)

$ 500 - $ 4,000

$ 4,000 - $ 8,000

(18)

58-31b-501(3)

$ 2,000 - $ 7,500

$ 7,500 - $ 9,500

(19)

58-31b-502(1)(a) or (b)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(20)

58-31b-502(1)(c)

$ 4,000 - $ 8,000

$ 8,000 - $ 10,000

(21)

58-31b-502(1)(d)

$ 2,000 - $ 5,000

$ 5,000 - $ 10,000

(22)

58-31b-502(1)(e), (f), or (g)

$ 1,000 - $ 5,000

$ 5,000 - $ 10,000

(23)

58-31b-502(1)(h), (i), (j), or (k)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(24)

58-31b-502(1)(l), (m), (n), (o), (p), (q), (r), or (s)

$ 1,000 - $ 5,000

$ 5,000 - $ 10,000

(25)

58-31b-601

$ 2,000 - $ 7,500

$ 7,500 - $ 9,500

(26)

58-31b-801

$ 500 - $ 5,000

$ 5,000 - $10,000

(27)

58-31b-803

$ 1,000 - $ 5,000

$ 5,000 - $ 10,000

(28)

58-37-8

$ 500 - $ 4,000

$ 4,000 - $ 8,000

(29)

58-37-19

$ 250

$ 500

$1 ,000

(30)

R156-1-501

$ 500 - $ 4,000

$ 4,000 - $ 8,000

(31)

R156-31b-502(1)(a)

$ 500 - $ 4,000

$ 4,000 - $ 8,000

(32)

R156-31b-502(1)(b), (c), or (d)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(33)

R156-31b-502(1)(e)

$ 1,000 - $ 5,000

$ 5,000 - $ 10,000

(34)

R156-31b-502(1)(f)

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(35)

R156-31b-502(1)(g) or (h)

$ 250 - $ 1,500

$ 1,500 - $ 10,000

(36)

R156-31b-502(1)(i) or (j)

$ 250

$ 500

$ 1,000

(37)

R156-31b-502(1)(k)

$ 1,000 - $ 5,000

$ 5,000 - $ 10,000

(38)

R156-31b-502(1)(l)

$ 250 - $ 5,000

$ 5,000 - $ 10,000

(39)

R156-31b-502(1)(m)

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(40)

R156-31b-601

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(41)

R156-31b-609

$ 500 - $ 5,000

$ 5,000 - $ 10,000

(42)

R156-31b-701a

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(43)

R156-31b-701b

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(44)

R156-31b-701c

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(45)

R156-31b-703a

$ 2,000 - $ 7,500

$ 7,500 - $ 9,500

(46)

R156-31b-703b

$ 2,000 - $ 7,500

$ 7,500 - $ 9,500

(47)

R156-31b-801

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(48)

R156-31b-802

$ 500 - $ 1,000

$ 1,000 - $ 2,000

(49)

R156-37-502

$ 1,000

(50)

Subsequent offenses.

Unless a different fine amount is specified elsewhere, the fine for an offense subsequent to a second offense is the greater of $10,000, or $2,000 for each day of continued offense.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-502 Unprofessional Conduct

(1) "Unprofessional conduct" includes:

(a) failing to destroy a license that has expired due to the issuance and receipt of an increased scope of practice license;

(b) knowingly accepting or retaining a license that has been issued pursuant to a mistake or on the basis of erroneous information;

(c) as an RN or LPN, issuing a prescription for a prescription drug to a patient, except under Section 58-17b-620 or as otherwise legally permissible;

(d) failing as the nurse accountable for directing nursing practice of an agency to verify that:

(i) standards of nursing practice are established and carried out;

(ii) safe and effective nursing care is provided to patients;

(iii) guidelines exist for the organizational management and management of human resources needed for safe and effective nursing care to be provided to patients; or

(iv) the nurses employed by the agency have the knowledge, skills, ability, and current competence to carry out the requirements of their jobs;

(e) engaging in sexual contact with a patient surrogate concurrent with the nurse-patient relationship, unless the nurse affirmatively shows by clear and convincing evidence that the contact:

(i) did not result in any form of abuse or exploitation of the surrogate or patient; and

(ii) did not adversely alter or affect in any way:

(A) the nurse's professional judgment in treating the patient;

(B) the nature of the nurse's relationship with the surrogate; or

(f) engaging in disruptive behavior in the practice of nursing;

(g) prescribing to oneself any controlled substance drug, in violation of Subsection R156-37-502(1)(a);

(h) violating a federal or state law relating to controlled substances, including self-administering a controlled substance that is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug, in violation of Section R156-37-502;

(i) as an APRN, failing to comply with Section 58-37-19, regarding discussion with a patient or the patient's guardian before issuing an initial opiate prescription;

(j) as an APRN, violating Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

(k) failing to practice within limits of competency, in violation of Section 58-31b-801;

(l) failing to comply with the American Nurses Association (ANA) Code of Ethics for Nurses, in violation of Subsection R156-31b-703a(20); or

(m) violating Section R156-31b-703b.

(2) "Unprofessional conduct" does not include, when licensed as an RN, and in accordance with a school's policies and Sections R156-31b-701a and R156-31b-701b, delegating or training an unlicensed assistive person to administer medications under a prescribing practitioner's order and an IHP.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-601 Requirements for Non-Accredited Nursing Education Programs Seeking Accreditation

(1) A nursing education program with temporary approval under Subsection 58-31b-601(2) or (3)(a) shall:

(a) disclose to each student who enrolls that:

(i) program accreditation is pending, meaning that the program has an active application on file with an accrediting body as defined in Subsection R156-31b-102(1), by having submitted initial notification to the accrediting body;

(ii) any education completed before the accrediting body's final determination will satisfy, at least in part, state requirements for prelicensing education; and

(iii) if the program fails to achieve accreditation under Section 58-31b-601, a student who has not yet graduated will not be made eligible for the NCLEX by the state; and

(b) attest to each student who enrolls that the program is allowed to enroll new students because it meets the requirements of Section 58-31b-601.

(2) The disclosure required by Subsection (1) shall:

(a) be signed by each student who enrolls; and

(b) at a minimum, state the following: "The nursing program in which you are enrolling has not yet been accredited. The program is being reviewed by the (insert the name of the accrediting body). This program is allowed to enroll new students because it meets the requirements of Section 58-31b-601 for temporary approval. Any education you complete under Section 58- 31b-601, or a final approved determination by the (insert the name of the accrediting body) will satisfy state requirements for licensure. If the (insert the name of the accrediting body) ultimately determines that the program does not qualify for accreditation, you will not be made eligible for the NCLEX by the state of Utah."

(3) A nursing education program with temporary approval under Subsection 58-31b-601(2) or (3)(a) shall provide to the Board:

(a) a Board-approved annual report by December 31 of each calendar year; and

(b) copies of the correspondence between the program provider and the accrediting body, within 30 days of the program's receipt or transmission of the correspondence.

(4) If an accredited program under Subsection 58-31b-601(1) or a program with temporary approval under Subsection 58-31b-601(2) or (3)(a) receives notice or determines that its accreditation status or candidacy for accreditation is in jeopardy, the program shall:

(a) immediately notify the Board of its accreditation status;

(b) immediately and verifiably notify each enrolled student in writing of the program's accreditation status, including:

(i) the estimated date when the accrediting body will make its final determination as to the program's accreditation; and

(ii) the potential impact of the program's accreditation status on the student's ability to:

(A) secure licensure and employment; and

(B) transfer academic credits to another institution in the future; and

(5) Under Section 58-31b-601, if a program with temporary approval fails to achieve accreditation, or if an accredited program loses its accreditation, the program shall:

(a) within ten days of receiving formal notification from the accrediting body, submit to the Board:

(i) a written report of official notice of losing accreditation; and

(ii) a written plan to close the program and cease operations;

(b) notify in writing each matriculated and pre-enrollment nursing student about the program's accreditation status; and

(c) notify in writing each nursing student who will graduate from a non-accredited program that they will not be eligible for initial licensure through the state.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-609 Standards for Out-of-State Programs Providing Clinical Experiences in Utah

A nursing education program provider located in another state that desires to place nursing students in Utah agencies or institutions for clinical practice experiences or practica experiences shall, before placing a student, demonstrate to the satisfaction of the Division and Board that the program:

(1) is approved by the home state Board of Nursing;

(2) is accredited by an accrediting body for nursing education that is approved by the United States Department of Education;

(3) has faculty who:

(a) are employed by the nursing education program;

(b) meet the requirements to be a faculty member as established by the accrediting body and the home state's Board of Nursing;

(c) are licensed in good standing in Utah, or in a Party state as defined in Section 58-31e-102 of the Nurse Licensure Compact, if supervising face-to-face Clinical Practice Experiences or practica experiences; and

(d) are affiliated with an institution of higher education;

(4) has a plan for selection and supervision of:

(a) faculty or preceptor; and

(b) the clinical activity, including:

(i) the selection of an appropriate clinical location; and

(ii) ensuring that each preceptor is licensed in good standing in Utah, or in a Party state as defined in Section 58-31e- 102 of the Nurse Licensure Compact;

(5)(a) maintains its accreditation with an accrediting body for nursing education that is approved by the United States Department of Education; and

(b) reports any changes in its accreditation status to the Board in a timely manner;

(6)(a) submits an annual report to the Board by August 1 of each year; and

(b) includes in the annual report:

(i) an overview of the number of students placed in Utah facilities;

(ii) an attestation that all face-to-face clinical faculty and preceptors used by the program are licensed in good standing in Utah, or in a Party state as defined in Section 58-31e-102 of the Nurse Licensure Compact; and

(iii) a verification that it is currently accredited, in good standing, with its accrediting body.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-701a Delegation of Nursing Tasks in a Non-school Setting

Under Subsections 58-31b-102(12)(g) and R156-31b-102(14), the delegation of nursing tasks in a non-school setting is as follows:

(1) under Section 58-1-307.1, the nursing tasks that an unlicensed individual may perform without delegation by a health care provider are listed on the Division's website at https://dopl.utah.gov/nursing/;

(2) a delegator retains accountability for the appropriate delegation of tasks and for the nursing care of the patient;

(3) tasks that are appropriate for delegation with prior assessment are as follows:

(a) a delegator may not delegate to unlicensed assistive personnel a task requiring the specialized knowledge, judgment, or skill of a licensed nurse;

(b) a delegator may not delegate a task that is:

(i) outside the area of the delegator's responsibility;

(ii) outside the delegator's personal knowledge, skills, or ability; or

(iii) beyond the ability or competence of the delegatee to perform:

(A) as personally known by the delegator; and

(B) as evaluated according to generally accepted nursing practice standards of health, safety, and reasonable prudence; and

(i) it is considered routine care for the specific patient;

(ii) it poses little potential hazard for the patient;

(iii) it is generally expected to produce a predictable outcome for the patient;

(iv) it is administered according to a previously developed plan of care; and

(v) it does not inherently involve nursing judgment that cannot be separated from the procedure;

(d) before determining which, if any, nursing tasks may be delegated, the delegator shall make a focused nursing assessment of the circumstances, and evaluate the following factors to determine the degree of supervision required to ensure safe care:

(i) the stability and condition of the patient;

(ii) the training, capability, and willingness of the delegatee to perform the delegated task;

(iii) the nature of the task being delegated, including the complexity, irreversibility, predictability of outcome, and potential for harm inherent in the task;

(iv) the proximity and availability to the delegatee of the delegator or other qualified nurse during the time when the task will be performed; and

(v) any immediate risk to the patient if the task is not carried out; and

(e) if a delegator, upon review of the criteria established in this subsection, determines that a proposed delegatee cannot safely provide the requisite care, the delegator may not delegate the task to the proposed delegatee;

(4) requirements for instruction and demonstration of competency before the delegation of tasks are as follows:

(a) in delegating a nursing task, the delegator shall:

(i) provide instruction and direction necessary to allow the delegatee to safely perform the specific task;

(ii) explain the delegation to ensure that the delegatee understands which patient is to be treated, and according to what time frame; and

(iii) instruct the delegatee how to intervene in any foreseeable risks that may be associated with the delegated task; and

(b)(i) if the employing facility or agency requires initial and ongoing demonstration of competency of direct patient care tasks, and makes competency documentation available to the delegator, the delegator may use that competency documentation;

(ii) if the employing facility or agency does not require demonstration of competency or does not provide competency documentation that is satisfactory to the delegator, or if a task falls outside tasks in which the proposed delegatee has previously been proven competent, the delegator or qualified educator shall:

(A) require the proposed delegatee to provide to the delegator or qualified educator a physical or verbal demonstration of the delegated task; and

(B) document the observed or spoken demonstration; and

(iii) teaching of a task, demonstration of competency, and documentation may be conducted per individual or in a group training session;

(5) requirements for a delegator during the supervision and monitoring of a task are as follows:

(a) provide ongoing appropriate supervision and evaluation of the delegatee;

(b) ensure that the delegator or another qualified nurse is readily available, either in person or by telecommunication, to:

(i) evaluate the patient's health status;

(ii) evaluate the performance of the delegated task;

(iii) determine whether goals are being met; and

(iv) determine the appropriateness of continuing delegation of the task; and

(6) a delegatee is prohibited from the following without express permission from the delegator:

(a) further delegate to another person a delegated task, or any part of a delegated task; or

(b) expand the scope of the delegated task; and

(7) a medical facility's internal policies or practices required or allowed to be performed by an unlicensed person may not be deemed to have been delegated by a licensee.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-701b Delegation of Tasks in a School Setting

In addition to Section R156-31b-701a, the following requirements apply to the delegation of tasks by a registered nurse in a school setting:

(1) before a registered nurse may delegate a task to be performed within a school setting, the registered nurse shall:

(a) develop an IHP in conjunction with the student and each applicable parent or parent surrogate, educator, and healthcare provider;

(b) if a student's health condition requires special consideration, ensure that an EAP is available to school personnel; and

(2)(a) a registered nurse shall personally train each unlicensed person who will be delegated the task of administering medications that are routine for the student;

(b) the training required under Subsection (2)(a) shall be performed at least annually; and

(3) a registered nurse may not delegate to an unlicensed individual the administration of medication:

(a) that has known, frequent side effects that can be life threatening;

(b) that requires the student's vital signs or oxygen saturation to be monitored before, during, or after administration;

(i) of a new medication;

(ii) after a dosage change; or

(iii) that requires nursing assessment or judgment before or immediately after administration; and

(d) in addition to delegating other tasks pursuant to this rule, a registered nurse may delegate to an unlicensed individual who has been properly trained, the following tasks regarding a diabetic student's IHP:

(i) the administration of a scheduled dose of insulin; and

(ii) the administration of glucagon in an emergency, as prescribed by the practitioner's order or specified in the IHP or EAP.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-701c Delegation of Nursing Care by a Responsible Caregiver

In addition to Section 58-31b-308.1, the delegation of nursing care by a responsible caregiver to an unlicensed direct care worker is as follows:

(1) a responsible caregiver retains accountability for the appropriate delegation of a task and for the nursing care of the patient; and

(2) a delegatee may not:

(a) further delegate to another person a delegated task, or any part of a delegated task; or

(b) expand the scope of the delegated task.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-703a Standards of Professional Accountability

The following standards apply equally to the LPN, RN, and APRN licenses. In demonstrating professional accountability, a licensee shall:

(1) practice within the legal boundaries that apply to nursing;

(2) comply with applicable statutes and rules;

(3) demonstrate honesty and integrity in nursing practice;

(4) base nursing decisions on nursing knowledge and skills, and the needs of patients;

(5) seek clarification of orders when needed;

(6) obtain orientation and training competency when encountering new equipment and technology or unfamiliar care situations;

(7) demonstrate attentiveness in delivering nursing care;

(8) implement patient care, including medication administration, properly and in a timely manner;

(9) document any care provided;

(10) communicate to other health team members relevant and timely patient information, including:

(a) patient status and progress;

(b) patient response or lack of response to therapies;

(d) patient needs;

(11) take preventive measures to protect patient, others, and self;

(12) respect patients' rights, concerns, decisions, and dignity;

(13) promote a safe patient environment;

(14) maintain appropriate professional boundaries;

(15) contribute to the implementation of an integrated health care plan;

(16) respect patient property and the property of others;

(17) protect confidential information unless obligated by law to disclose the information;

(18) accept responsibility for individual nursing actions, competence, decisions, and behavior in the course of nursing practice;

(19) maintain continued competence through ongoing learning and application of knowledge in each patient's interest; and

(20) comply with the American Nurses Association (ANA) Code of Ethics for Nurses, 2015 edition, which is incorporated by reference.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-703b Scope of Nursing Practice Implementation

(1) Under Subsection 58-31b-102(13), an LPN shall:

(a) conduct a focused nursing assessment;

(b) plan for and implement nursing care within limits of competency;

(d) assist in identifying patient needs;

(e) assist in evaluating nursing care;

(f) participate in nursing management by:

(i) assigning appropriate nursing activities to other LPNs;

(ii) delegating care for stable patients to unlicensed assistive personnel under this rule and applicable statutes;

(iii) observing nursing measures and providing feedback to nursing managers; and

(iv) observing and communicating outcomes of delegated and assigned tasks; and

(g) serve as faculty in areas of competence.

(2) Under Subsection 58-31b-102(14), an RN shall:

(a) interpret patient data, whether obtained through a focused nursing assessment or otherwise, to:

(i) complete a comprehensive nursing assessment; and

(ii) determine whether, and according to what timeframe, another medical professional, a patient's family member, or any other person should be apprised of a patient's nursing needs;

(b) detect faulty or missing patient information;

(c) apply nursing knowledge effectively in the synthesis of the biological, psychological, spiritual, and social aspects of the patient's condition;

(d) utilize broad and complete analyses to plan strategies of nursing care and nursing interventions that are integrated within each patient's overall health care plan or IHP;

(e) demonstrate appropriate decision-making, critical thinking, and clinical judgment to make independent nursing decisions and to identify health care needs;

(f) correctly identify changes in each patient's health status;

(g) comprehend clinical implications of patient signs, symptoms, and changes as part of ongoing or emergent situations;

(h) critically evaluate the impact of nursing care, the patient's response to therapy, and the need for alternative interventions;

(i) intervene on behalf of a patient when problems are identified so as to revise a care plan as needed;

(j) appropriately advocate for patients by:

(i) respecting patients' rights, concerns, decisions, and dignity;

(ii) identifying patient needs;

(iii) attending to patient concerns or requests; and

(iv) promoting a safe and therapeutic environment by:

(A) providing appropriate monitoring and surveillance of the care environment;

(B) identifying unsafe care situations; and

(k) communicate with other health team members regarding patient choices, concerns, and special needs, including:

(i) patient status and progress;

(ii) patient response or lack of response to therapies; and

(iii) significant changes in patient condition;

(l) demonstrate the ability to responsibly organize, manage, and supervise the practice of nursing by:

(i) delegating tasks under this rule and applicable statutes; and

(ii) matching patient needs with personnel qualifications, available resources, and appropriate supervision;

(m) teach and counsel patient families regarding an applicable health care regimen, including general information about health and medical conditions, specific procedures, wellness, and prevention;

(n) if acting as a chief administrative nurse:

(i) ensure that organizational policies, procedures, and standards of nursing practice are developed, kept current, and implemented to promote safe and effective nursing care;

(ii)(A) assess the knowledge, skills, and abilities of nursing staff and assistive personnel; and

(B) ensure personnel are assigned to nursing positions appropriate to their determined competence and licensure, certification, or registration level; and

(iii) ensure that thorough and accurate documentation of personnel records, staff development, quality assurance, and other aspects of the nursing organization are maintained;

(o) if employed by a department of health:

(i) implement standing orders and protocols; and

(ii) complete and provide to any patient prescription prepared and signed by a physician under Section 58-17b-620;

(p) serve as faculty in areas of competence; and

(q) perform any task within the scope of practice of an LPN.

(3) Under Subsection 58-31b-102(11), the following scope and standards shall apply to the practice of advanced practice registered nursing:

(a) an APRN who chooses to change or expand from a primary focus of practice shall, at the request of the Division, document competency within that expanded practice based on education, clinical practice experiences, and certification with the burden to demonstrate competency upon the APRN;

(b) an APRN may practice within the scope of practice of an RN and an LPN in Utah; and

(c) an APRN who wishes to practice as an RN in a Party state, as defined in Section 58-31e-102 of the Nurse Licensure Compact, shall reinstate, qualify for, and obtain an RN Compact license in Utah.

(4) Under Subsections 58-1-510(3) and (4) and 58-31b-102(11)(d), a certified registered nurse anesthetist (APRN- CRNA) licensed under Subsection 58-31b-301(2) who provides general anesthesia, deep sedation, or moderate sedation, shall possess the knowledge, skills, and education and training required by the following standards, and shall comply with the following standards, which are incorporated by reference:

(a)(i) American Association of Nurse Anesthesiology (AANA) Standards for Nurse Anesthesia Practice, 2019 edition; or

(ii) the following American Society of Anesthesiologists (ASA) standards:

(A) Basic Standards for Preanesthesia Care, 2020 edition;

(B) Standards for Basic Anesthetic Monitoring, 2020 edition; and

(b) the following American Dental Association (ADA) standards:

(i) Guidelines for the Use of Sedation and General Anesthesia by Dentists, 2016 edition;

(ii) Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, 2016 edition;

(iii) Guidelines for Teaching Pediatric Pain Control and Sedation to Dentists and Dental Students, 2021 edition; and

(iv) ADA Policy Statement: The Use of Sedation and General Anesthesia by Dentists, 2007 edition; or

(i) Office Anesthesia Evaluation Manual, 2018 9th edition; and

(ii) Parameters of Care, 2023 7th edition.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-801 Medication Aide Certified - Formulary and Protocols

Under Subsection 58-31b-102(10)(b)(i), the formulary and protocols for an MAC to administer routine medications are as follows:

(1) under the supervision of a licensed nurse, an MAC may:

(a) administer over-the-counter medication;

(b) administer prescription medications:

(i) if expressly instructed to do so by the supervising nurse; and

(ii) via the routes listed in Subsection 58-31b-102(16)(b);

(d) destroy medications per facility policy;

(e) assist a patient with self-administration; and

(f) account for controlled substances with another MAC or nurse physically present;

(2) an MAC may not administer medication via the following routes:

(a) central lines;

(b) colostomy;

(d) subcutaneous;

(e) intrathecal;

(f) intravenous;

(g) nasogastric;

(h) nonmetered inhaler;

(i) intradermal;

(j) urethral;

(k) epidural;

(l) endotracheal; or

(m) gastronomy or jejunostomy tubes;

(3) an MAC may not administer the following kinds of medications:

(a) barium and other diagnostic contrast;

(b) chemotherapeutic agents, except oral maintenance chemotherapy;

(d) nitroglycerin paste;

(4) an MAC may not:

(a) administer medication that requires nursing assessment or judgment before administration, through ongoing evaluation, or during follow-up;

(b) receive written or verbal patient orders from a licensed practitioner;

(d) conduct patient or resident assessments or evaluations;

(e) engage in patient or resident teaching activities regarding medications, unless expressly instructed to do so by the supervising nurse;

(f) calculate drug doses, or administer any medication that requires a medication calculation to determine the appropriate dose;

(g) administer the first dose of a new medication or a dosage change, unless expressly instructed to do so by the supervising nurse; or

(h) account for controlled substances, unless assisted by another MAC or a nurse who is physically present;

(5) under Section R156-31b-701a or R156-31b-701b, a nurse may refuse to delegate to an MAC the administration of medications to a specific patient or in a specific situation; and

(6) a nurse practicing in a facility that:

(a) is required to provide nursing services 24 hours a day may not supervise more than two MACs per shift; and

(b) is not required to provide nursing services 24 hours a day may supervise up to four MACs per shift.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-31b-802 Medication Aide Certified - Approval of Training Programs

Under Subsection 58-31b-601(4), the minimum standards for an MAC training program and the process to obtain approval are as follows:

(1) an MAC training program shall be approved by the Division in collaboration with the Advisory Peer Education Committee created in Section R156-31b-202 before the program is implemented;

(2) an MAC training program may be offered only by an educational institution, a health care facility, or a health care association;

(3) an MAC training program shall consist of at least:

(a) 60 clock hours of didactic classroom training that is consistent with the Medication Assistant-Certified (MA-C) Model Curriculum adopted by the NCSBN's Delegate Assembly on August 9, 2007, which is incorporated by reference; and

(b) 40 hours of practical training in a healthcare facility as defined in Subsection 78B-3-403(12);

(4) each classroom training instructor and the practical training instructor shall:

(a)(i) have an active LPN, RN, or APRN license in good standing or a multistate privilege to practice nursing in Utah; and

(ii) have at least one year of clinical practice experiences; or

(b)(i) be an approved CNA instructor who has completed a Train the Trainer program recognized by the Utah Nursing Assistant Registry; and

(ii) have at least one year of clinical practice experiences;

(5)(a) practical training instructor-to-student ratio shall be no greater than:

(i) 1:2 if the instructor is working with individual students to administer medications; or

(ii) 1:6 if the instructor is supervising students who are working one-on-one with medication nurses to administer medications in clinical facilities;

(b) a practical training instructor shall be on-site and available at any time if the student is not being directly supervised by a licensed nurse during the clinical practice experiences; and

(6) an entity seeking approval to provide an MAC training program shall submit to the Division a complete application form provided by the Division with:

(a) evidence of adequate and appropriate trainers and resources to provide the training program, including a well- stocked clinical skills lab or the equivalent;

(b) a copy of the proposed training curriculum and an attestation that the proposed curriculum is consistent with the model curriculum in Subsection (3)(a); and

(i) an earned high school diploma, successful passage of the general educational development test, or equivalent education as approved by the Board;

(ii) current certification as a nursing aide, in good standing, from the Utah Nursing Assistant Registry;

(iii) at least 2,000 hours of experience completed:

(A) as a CNA working in a healthcare facility as defined in Subsection 78B-3-403(12); and

(B) within the two-year period preceding the date of application to the training program: and

(iv) current cardiopulmonary resuscitation (CPR) certification.

History

KEY: licensing, nurses
Date of Last Change: January 16, 2025
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-37 Utah Controlled Substances Act Rule

Utah Admin. Code R156-37-101 Title - Authority

(1) This rule is known as the "Utah Controlled Substances Act Rule."

(2) This rule is adopted by the Division under the authority of Subsections 58-1-106(1)(a) and 58-37-6(1)(a) to enable the Division to administer Title 58, Chapter 37, Utah Controlled Substances Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 37, Utah Controlled Substances Act. In addition:

(1) "DEA" means the Drug Enforcement Administration of the United States Department of Justice.

(2) "Electronic Controlled Substance Prescribing Extension" means the prescribing practitioner or pharmacy has a controlled substance designation class indicated on the license, approved by the Division under Section R156-37-610, and does not participate in electronic prescriptions for controlled substances.

(3) "Emergency situation" for purposes of Subsection 58-37-6(7)(c)(iii) and Section R156-37-605 for emergency verbal prescriptions, Subsection 58-37-6(7)(d) for prescription signature and information requirements, and Subsection 58-37- 22(1)(e) for electronic prescription requirements:

(a) means a situation in which the prescribing practitioner who intends to prescribe a controlled substance, or the pharmacy that intends to dispense a controlled substance, has determined that:

(i) the controlled substance prescription cannot be issued, filled, compounded, dispensed, or transmitted electronically as an electronic prescription in compliance with the statutory requirement without causing a delay;

(ii) the delay would adversely impact the patient's medical condition; and

(iii) the prompt prescribing or dispensing of the controlled substance is necessary for the proper treatment of the patient; and

(b) includes a situation when a prescription is written for an emergent or urgent condition:

(i) at a time when the prescribing practitioner is not reasonably able to transmit an electronic prescription to the patient's desired pharmacy for dispensing; or

(ii) after normal pharmacy business hours including weekends, holidays, late evening or overnight, and the patient cannot fill the prescription secondary to limited access to 24-hour pharmacy locations and no access to their regular pharmacy.

(4) "Forward" in Subsection R156-37-609(4)(a) means an original unfilled electronic controlled substance prescription.

(5) "NABP" means the National Association of Boards of Pharmacy.

(6) "Principal place of business or professional practice" in Subsection 58-37-6(2)(e), means any location where controlled substances are received or stored.

(7) "Schedule II controlled stimulant" means any material, compound, mixture, or preparation listed in Subsection 58- 37-4(2)(b)(iii).

(8) "SBIRT training" means training in the Screening, Brief Intervention, and Referral to Treatment approach used by the federal Substance Abuse and Mental Health Services Administration, as defined in Subsection 58-37-6.5(1)(e) .

(9) "Technical difficulty or electronic failure" in Subsection 58-37-22(1)(d) means a loss of electrical power or internet service, a failure of a computer system, application, or device, or other service interruption to a computer system that reasonably prevents:

(a) a practitioner from transmitting an electronic controlled substance prescription to a pharmacy;

(b) a pharmacy from receiving an electronic controlled substance prescription or transmitting an electronic controlled substance prescription to a different pharmacy in accordance with Subsection 58-37-22(3); or

(c) compliance by a practitioner or a pharmacy with the requirements of state or federal law, including 21 CFR Part 1311 (April 1, 2024), which is incorporated by reference.

(10) "Unprofessional conduct" as defined in Title 58, Occupations and Professions, is further defined in accordance with Subsections 58-1-203(1)(e) and 58-37-6(1)(a), in Section R156-37-502.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-301 License Classifications - Restrictions

(1) Under Subsection 58-37-6(2), the Division may issue a controlled substance license to:

(a) a qualified person licensed in good standing in the classification of:

(i) pharmacist;

(ii) optometrist;

(iii) podiatric physician;

(iv) dentist;

(v) osteopathic physician and surgeon;

(vi) physician and surgeon;

(vii) physician assistant;

(viii) veterinarian;

(ix) advanced practice registered nurse or advanced practice registered nurse-certified registered nurse anesthetist;

(x) certified nurse midwife;

(xi) naturopathic physician;

(xii) anesthesiologist assistant;

(xiii) Class A pharmacy under Subsection R156-17b-302(1);

(xiv) Class B pharmacy under Subsection R156-17b-302(2);

(xv) Class C pharmacy under Subsection R156-17b-302(3);

(xvi) Class D pharmacy under Subsection R156-17b-302(4); or

(xvii) Class E pharmacy under Subsection R156-17b-302(5); or

(xvii) the Utah Department of Corrections, for the conduct of execution by the administration of lethal injection in accordance with Section 77-18-113.

(2) The Division may restrict a controlled substance license to the extent the Division, in collaboration with the appropriate licensing boards, determines necessary to protect the health, safety, or welfare of:

(a) the public; or

(b) the licensee.

(3) A person holding a restricted controlled substance license may use the license only to the extent of the restricted terms and conditions.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-302 Qualifications for Licensure - Application Requirements

(1) An applicant for a controlled substance license shall:

(a) submit an application in a form prescribed by the Division;

(b) pay the fee established by the Division under Section 63J-1-504; and

(3) The Division and the reviewing board may request from the applicant information that is reasonable and necessary to permit an evaluation of:

(a) the applicant's qualifications to engage in practice with controlled substances; and

(b) the public interest in the issuance of a controlled substance license to the applicant.

(4) To determine if an applicant is qualified for licensure, the Division may:

(a) assign the application to a qualified and appropriate licensing board for review and recommendation to the Division; and

(b) conduct site inspections, review research protocol, conduct interviews with persons knowledgeable about the applicant, and conduct any other investigation that is reasonable and necessary to determine the applicant is qualified to receive a controlled substance license.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-305 Qualifications for Licensure -- Drug Enforcement Administration (DEA) Registration - Active License

(1)(a) Except as specified in Subsection (1)(b), an individual who obtains a controlled substance license shall obtain a DEA registration within 120 days of the date the controlled substance license is issued.

(b) A controlled substance licensee who has written consent from the licensee's employer to use the employer's hospital or institution DEA registration to administer or prescribe controlled substances, or both, is not required to obtain an individual practitioner DEA registration.

(2) A person who holds a controlled substance license shall maintain their license under Subsection R156-37-301(1) active and in good standing.

(3) If a person's license under Subsection R156-37-301(1) expires or is revoked, surrendered, or suspended, the Division shall:

(a) immediately suspend the person's controlled substance license; and

(b) reinstate the person's controlled substance license only upon reinstatement of the underlying license, without further administrative action that would be grounds for the continued denial of the controlled substance license.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-306 Exemption from Licensure -- Law Enforcement Personnel, University Research, Narcotic Detection Training of Animals, and Animal Control

Under Subsection 58-37-6(2)(d), the following persons are exempt from licensure under Title 58, Chapter 37, Utah Controlled Substances Act:

(1)(a) except as specified in Subsection (1)(b), law enforcement agencies and their sworn personnel, to the extent their official duties require them to possess controlled substances, if they:

(i) act within the scope of their enforcement responsibilities;

(ii) maintain accurate records of controlled substances that come into their possession; and

(iii) maintain an effective audit trail;

(b) law enforcement personnel may not purchase or possess controlled substances for administration to animals unless the purchase or possession is in accordance with a controlled substance license;

(2) individuals and entities engaged in research using pharmaceuticals as defined in Subsection 58-17b-102(66) within a research facility as defined in Subsection R156-17b-102(48); and

(3) individuals employed by a facility engaged in the following activities, if the facility employing that individual has a controlled substance license in Utah and a DEA registration number, and uses the controlled substances according to a written protocol:

(a) narcotic detection training of animals for law enforcement use; or

(b) animal control, including:

(i) animal euthanasia; or

(ii) animal immobilization.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-401 Grounds for Denial of License - Disciplinary Proceedings

Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-402 Continuing Education for Controlled Substance Prescribers

Under Section 58-37-6.5, qualified continuing professional education requirements for controlled substance prescribers are further established as follows:

(1) Continuing education under this section shall:

(a) be prepared and presented by individuals who are qualified by education, training, and experience to provide the controlled substance prescriber continuing education; and

(b) have a method of verification of attendance and a post-course knowledge assessment or examination.

(2) Under Subsections 58-37-6.5(2)(b), 58-37-6.5(5), 58-37-6.5(7), and 58-37-6.5(8), the controlled substance prescribing classes and SBIRT training that satisfy the Division's continuing education requirements for license renewal, and that are delivered by an accredited or approved continuing education provider recognized by the Division as offering appropriate continuing education, are posted on the Division's website at dopl.utah.gov.

(3) The Division shall recognize credit for continuing education as follows:

(a) allow unlimited hours for continuing education completed in blocks of time of at least 50 minutes;

(b) prorate from date of licensure continuing education hours for licensees who have not been licensed for the entire two-year period; and

(c) under Subsection 58-37f-304(3), waive the required 1/2 hour of continuing education for the online tutorial and test relating to the controlled substance database if the prescriber attests on the license renewal form that:

(i) in the past license period, the prescriber accessed the controlled substance database; and

(ii) upon the prescriber's information and belief, the prescriber's use of the database reduced the prescribing, dispensing, and use of opioids in an unprofessional or unlawful manner, or in quantities or frequencies inconsistent with generally recognized standards of dosage for an opioid.

(4)(a) A licensee shall maintain documentation sufficient to prove the licensee's compliance with Section 58-37-6.5 and this section, for a period of two years after the end of the renewal cycle for which the continuing education is due.

(b) The Division may review controlled substance database usage by the prescriber or proxy to audit an attestation under Subsection (3)(c).

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) as a licensee with authority to prescribe or administer controlled substances:

(a) prescribing or administering to oneself any Schedule II or III controlled substance that is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug;

(b) prescribing or administering a controlled substance for a condition that the licensee is not licensed or competent to treat;

(2) violating a federal or state law relating to controlled substances;

(3) failing to deliver to the Division each controlled substance license certificate issued by the Division upon an action that revokes, suspends, or limits the license;

(4) failing to maintain controls over controlled substances that a prudent licensee would maintain as effective against diversion, theft, or shortage of controlled substances;

(5) failing to account for shortages of controlled substance inventory for which the licensee has responsibility;

(6) knowingly prescribing, selling, giving away, or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away, or administer any controlled substance to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except for legitimate medical purposes as permitted by law;

(7) refusing to make available for inspection controlled substance stock, inventory, or records as required under Rule R156-37 or other law regulating controlled substances and controlled substance records;

(8) failing to submit controlled substance prescription information to the Database Manager after being notified in writing by the Division to do so;

(9) failing to get a DEA registration within the time frame in Section R156-37-305;

(10) as a prescribing practitioner, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37-22(1)(d) that is reasonably within the prescribing practitioner's control; or

(11) as a pharmacy, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37- 22(1)(d) that is reasonably within the pharmacy's control.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-601 Access to Records, Facilities, and Inventory

During regular business hours, and at other reasonable times, each applicant for licensure and licensee shall make available for inspection to a person authorized to conduct an administrative inspection under federal law, Title 58, Chapter 37, Utah Controlled Substances Act, or Rule R156-37, their:

(1) controlled substance stock or inventory;

(2) records required in accordance with state and federal laws and rules; and

(3) facilities related to activities involving controlled substances.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-602 Records

(1)(a) Records of controlled substances shall be kept in accordance with state and federal laws and rules for their:

(i) purchase;

(ii) distribution;

(iii) dispensing;

(iv) prescribing and

(v) administration.

(b) Prescribing practitioners shall keep accurate records for each patient reflecting:

(i) examination;

(ii) evaluation; and

(iii) treatment.

(i) accurately reflect the prescription or administration of controlled substances in the treatment of the patient;

(ii) the purpose for which the controlled substance is utilized; and

(iii) information upon which the diagnosis is based.

(d) Practitioners shall keep records apart from patient records of each controlled substance purchased, and with respect to each controlled substance, its disposition, whether by administration or any other means, date of disposition, to whom given, and the quantity given.

(2) A licensee who experiences any theft, including diversion, or significant loss of controlled substances shall immediately:

(a) file the appropriate forms with the DEA, with a copy to the Division directed to the attention of the Investigation Bureau; and

(b) report the incident to the local law enforcement agency.

(3) Each record required by federal and state laws or rules shall be maintained by the licensee for five years. If a licensee sells or transfers ownership of records in any way, those records shall be maintained separately from other records of the new owner.

(4) Prescription records may be maintained electronically if:

(a) the original of each prescription, including telephone prescriptions, is maintained in a physical file and contains the information required by federal and state law; and

(b) an automated data processing system is used for the storage and immediate retrieval of refill information for prescription orders for controlled substances in Schedule III and IV, in accordance with federal guidelines.

(5) Each record relating to Schedule II controlled substances received, purchased, administered, or dispensed by the practitioner shall be maintained separately from other records of the pharmacy or practice.

(6) Each record relating to Schedules III, IV, and V controlled substances received, purchased, administered, or dispensed by the practitioner shall be maintained separately from other records of the pharmacy or practice.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-603 Restrictions Upon the Prescription, Dispensing, and Administration of Controlled Substances

(1) A practitioner may prescribe or administer the Schedule II controlled substance cocaine hydrochloride only as:

(a) a topical anesthetic for mucous membranes in surgical situations in which it is indicated; and

(b) as local anesthetic for the repair of facial and pediatric lacerations, if the controlled substance is mixed and dispensed by a licensed pharmacist in the proper formulation and dosage.

(2) A practitioner may not prescribe or administer a controlled substance without taking into account the drug's potential for abuse, and the possibility:

(a) that the drug may lead to dependence;

(b) that patient may get the drug for a nontherapeutic use or to distribute to others; and

(3) Under Subsection 58-37-6(7)(f)(vii), unless the prescribing practitioner determines there is a valid medical reason to allow an earlier dispensing date, the dispensing date of a second or third prescription shall be at least 30 days from the dispensing date of the previous prescription, to allow for receipt of the subsequent prescription before the previous prescription runs out.

(4)(a) If a practitioner fails to document the practitioner's intentions relative to refills of controlled substances in Schedules III through V on a prescription form, it shall mean no refills are authorized.

(b) A refill is not permitted on a prescription for a Schedule II controlled substance.

(5) Refills of controlled substance prescriptions shall be permitted for the following periods from the original date of the prescription:

(a) Schedules III and IV, for six months from the original date of the prescription; and

(b) Schedule V, for one year from the original date of the prescription.

(6) A refill may not be dispensed until sufficient time has passed since the date of the last dispensing that 80% of the medication in the previous dispensing should have been consumed if taken according to the prescribing practitioner's instruction.

(7) A controlled substance prescription may not be issued or dispensed without specific instructions from the prescribing practitioner on how and when the drug is to be used.

(8) Refills after expiration of the original prescription term shall require issuance of a new prescription by the prescribing practitioner.

(9) Each prescription for a controlled substance and the number of refills authorized shall be documented in the patient records by the prescribing practitioner.

(10) A practitioner may prescribe, dispense, or administer a Schedule II controlled stimulant when indicated if, before initiating treatment using the Schedule II controlled stimulant, the practitioner:

(a) obtains an appropriate history and physical examination;

(b) rules out the existence of recognized contraindications; and

(c) has no reason to believe that the patient has consumed or disposed of any controlled stimulant other than in compliance with the treating practitioner's directions.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-604 Prescribing of Controlled Substances for Weight Reduction or Control

(1) A practitioner may not prescribe, dispense, or administer a Schedule II or Schedule III controlled substance for weight reduction or control.

(2) A prescribing practitioner may prescribe or administer a Schedule IV controlled substance in treating excessive weight leading to increased health risks only if the prescribing practitioner complies with each of the following conditions:

(a) medication is used only as an adjunct to a comprehensive weight loss program based on supplemental weight loss activities including changing lifestyle counseling, nutritional education, and a regular, individualized exercise regimen;

(b) before initiating treatment the prescribing practitioner:

(i) determines through thorough review of past medical records that the patient has made a substantial good-faith effort to lose weight in a comprehensive weight loss program without the use of controlled substances, and the previous regimen has not been effective;

(ii) obtains a complete history, performs a complete physical examination of the patient, and rules out the existence of recognized contraindications to the use of the medication;

(iii) determines and documents the assessment in the patient's medical record, that the health benefit to the patient greatly outweighs the possible risks of the medications prescribed; and

(iv) discusses with the patient the possible risks associated with the medication, and has on record an informed consent that clearly documents that the long term effects of using controlled substances for weight loss or weight control are not known;

(i) supervises, oversees, and regularly monitors the patient, including the patient's participation in supplemental weight loss activities, efficacy of the medication, and advisability of continuing to prescribe the weight loss or weight control medication; and

(ii) maintains a central medical record that contains at least the following information:

(A) the goal of treatment or target weight;

(B) the ongoing progress toward that goal or maintenance of the weight loss;

(C) the patient's supplemental weight loss activities with documentation of compliance with the comprehensive weight loss program; and

(d) the prescribing practitioner shall immediately discontinue the weight loss medication if:

(i) the practitioner knows or should know that the patient is pregnant;

(ii) the patient has consumed or disposed of any controlled substance other than in compliance with the prescribing practitioner's directions;

(iii) the patient is abusing the controlled substance being prescribed for weight loss;

(iv) the patient develops a contraindication of therapy;

(v) the medication is not effective; or

(vi) the patient is not complying with the agreed upon comprehensive weight loss program.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-605 Emergency Verbal Prescription of Schedule II Controlled Substances

(1) Under Subsection 58-37-6(7), in an emergency situation a prescribing practitioner may give an oral prescription for a Schedule II controlled substance if:

(a) the quantity dispensed is only sufficient to cover the patient for the emergency period, not to exceed 72 hours;

(b)(i) the prescribing practitioner has examined the patient within the past 30 days;

(ii) the patient is under the continuing care of the prescribing practitioner for a chronic disease or ailment; or

(iii) the prescribing practitioner is covering for another practitioner and has knowledge of the patient's condition; and

(2) Under Subsection 58-37-6(7), in an emergency situation a pharmacist may fill an oral prescription from a prescribing practitioner for a Schedule II controlled substance if:

(a) the amount does not exceed a 72 hour supply; and

(b) the pharmacist reasonably believes, or makes a reasonable effort to determine, that the prescribing practitioner is licensed to prescribe the controlled substance.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-606 Disposal of Controlled Substances

(1) A licensee shall dispose of controlled substances in accordance with 21 CFR Part 1317 (July 26, 2022) which is incorporated by reference.

(2) A licensee who disposes of controlled substances shall:

(a) maintain records of the disposal for five years from the date of disposal; and

(b) make the records available for inspection upon request to the Division or its agents.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-607 Surrender of Suspended or Revoked License

(1) A licensee whose license has been restricted, suspended, or revoked shall surrender the license to the Division within 30 days of the effective date of the order.

(2) The Division shall consider compliance with this section in evaluating an application for relicensing.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-608 Restricted Applicability - Herbs, Herbal Products, or Food Supplements

Under Section 58-37-2.5, the Division may not apply Title 58, Chapter 37, Utah Controlled Substance Act or Rule R156-37 to restrict citizens or practitioners, regardless of their license status, from the sale or use of herbs, herbal products, or food supplements that are not scheduled as controlled substances by state or federal law.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-609 Electronic Prescriptions for Controlled Substances

(1) Under Subsection 58-37-22(2)(a), a prescribing practitioner or pharmacy experiencing a temporary technical difficulty or electronic failure under Subsection 58-37-22(1)(d) shall document the nature of the technical difficulty or electronic failure on the prescription's hard copy.

(2) A pharmacist who receives a written, oral, or faxed controlled substance prescription is not required to verify that the prescription qualifies for an exemption under this section, and may dispense and deliver medication from an otherwise valid written, oral, or faxed controlled substance prescription.

(3) Under Subsection 58-37-22(2)(c), a prescribing practitioner or pharmacy is exempt from the electronic prescription requirements of Section 58-37-22 if:

(a)(i)(A) the prescribing practitioner is licensed in a jurisdiction other than Utah; and

(B) the receiving pharmacy orally confirms the prescription with the prescribing practitioner;

(ii) the prescribing practitioner and dispensing pharmacy are the same entity;

(iii) the prescription is a Schedule II oral prescription issued in an emergency situation under Section R156-37-605;

(iv) the federal Food and Drug Administration requires the prescription to contain elements that cannot be included in an electronic prescription;

(v) the prescription drug is under a research protocol;

(vi) the prescription is for a medication that requires compounding two or more ingredients;

(vii) the prescribing practitioner or pharmacy is located in the geographic area of an emergency or disaster that is identified by the Centers for Medicaid (CMS) as a qualifying emergency or disaster on the CMS Electronic Prescribing for Controlled Substances (EPCS) website; or

(viii) the prescribing practitioner qualifies for a small prescriber exemption under Section R156-37-610; and

(b) the prescribing practitioner or pharmacy documents the exemption on the prescription's hard copy.

(4) Under Subsection 58-37-22(2)(e), if an originating pharmacy that has received an electronic controlled substance prescription cannot fill the prescription, the following protocol shall apply:

(a) if the pharmacy can electronically transmit the prescription, the pharmacy shall:

(i) contact the ultimate user to determine a pharmacy to receive the forward prescription; and

(ii) document in the automated pharmacy system the identity of the pharmacy receiving the forward prescription;

(b) if the pharmacy cannot electronically transmit the prescription:

(i) the pharmacy shall:

(A) contact the prescribing practitioner and state the pharmacy cannot fill or transmit the prescription;

(B) document in the automated pharmacy system the individual contacted at the prescribing office; and

(ii) the prescribing practitioner may electronically transmit a new prescription to a different pharmacy.

(5) Under Subsection 58-37-22(2)(f), an electronic prescription shall be issued and dispensed in accordance with 21 CFR Part 1311 (April 1, 2024), which is incorporated by reference.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37-610 Small Prescriber Exemption

(1)(a) A prescribing practitioner is automatically exempt from the electronic prescription requirements of Section 58- 37-22 if the prescribing practitioner issues:

(i) 300 or fewer controlled substance prescriptions in a calendar year; or

(ii) 25 or fewer controlled substance prescriptions in a calendar month.

(b) The measurement in Subsection (1)(a) does not include or count any prescription in a measured calendar year or month that:

(i) is otherwise exempt from the electronic prescription requirement; or

(ii) is a prescription refill, except for a refill that is the first occurrence of the unique prescription in a measured calendar year.

(2) A prescribing practitioner does not need to register with or report data to the Division to be eligible for the small prescriber exemption of this section.

(3) The Division shall measure a prescribing practitioner's compliance with the small prescriber exemption based on the prescribing practitioner's National Provider Identifier (NPI) and by analyzing the prescribing practitioner's prescriptions recorded in the Controlled Substances Database created in Section 58-37f-201.

(4) A prescribing practitioner is responsible for monitoring their compliance with the small prescriber exemption, and may check their eligibility by accessing the Controlled Substance Database and reviewing their issued prescriptions.

(5)(a) If the Division determines that a prescribing practitioner is noncompliant with this section, the Division may send the prescribing practitioner a notice of noncompliance, and may take action against the prescribing practitioner for unprofessional conduct under Section R156-37-502.

(b) The Division may notify any prescribing practitioner at any time that the prescribing practitioner is not eligible for a small prescriber exemption under this section.

(c) A prescribing practitioner who receives notice from the Division under Subsection (5)(b) may not use the small prescriber exemption unless the prescribing practitioner receives subsequent written approval from the Division.

History

KEY: controlled substances, licensing
Date of Last Change: February 24, 2025
Notice of Continuation: December 14, 2021
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

R156-37c Utah Controlled Substance Precursor Act Rule

Utah Admin. Code R156-37c-101 Title

This rule is known as the "Utah Controlled Substance Precursor Act Rule."

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 37c, as used in Title 58, Chapters 1 and 37c or this rule:

(1) "Involved officer, director, partner, proprietor, employee or manager" means an individual who has direct responsibility for the purchasing, storage, handling, disbursement, sale, shipping or disposal of controlled substance precursors.

(2) "Unusual and extraordinary regulated transaction" means:

(a) a cash transaction;

(b) a transaction of a magnitude outside of standard business conduct; or

(c) a transaction in which the distributor does not have good knowledge of the legitimate use by the purchaser of the controlled substance precursors being purchased.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-103 Authority - Purpose

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 37c.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-302a Qualifications for Licensure - Application Requirements

In accordance with Subsection 58-37c-8(2), an applicant shall submit a complete application on a form provided by the division which includes the following:

(1) identifying information including business legal name, physical location and mailing address, contact person for licensing purposes, organization type and identifying information, trade or business names;

(2) disclosure of nature of business;

(3) all facilities where business will be conducted;

(4) identification of all controlled substance precursors for which licensure is requested; and

(5) qualifying information concerning involved officers, directors, partners, proprietors, employees, and managers.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-601 Routine Transactions

In accordance with Subsection 58-37c-10(4)(a), the following are the recordkeeping and reporting requirements which shall be met by a regulated controlled substance precursor distributor and purchaser transaction.

(1) Each distributor shall submit to the division the following:

(a) all records of purchase 15 days following the end of the calendar quarter;

(b) all records of sale or transfer 15 days following the end of each calendar month; and

(2) Each purchaser shall submit to the division the following:

(a) all records of purchase 15 days following the end of each calendar month;

(b) all records of disposition 15 days following the end of the calendar quarter; and

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-602 Extraordinary or Unusual Regulated Transactions

In accordance with Subsection 58-37c-10((4)(b), the following are the recordkeeping and reporting requirements which shall be met by a regulated controlled substance precursor distributor and purchaser with respect to each extraordinary or unusual regulated transaction.

(1) Each distributor shall cause records of sale or transfer to be received by the division within 72 hours after the sale or transfer.

(2) Each purchaser shall cause records of purchase to be received by the division within 72 hours after purchase.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-603 Identification

In accordance with Subsection 58-37c-10(4)(c), the following is the identification which shall be presented by a purchaser to a distributor and the requirements for recording that identification by the distributor prior to the sale or transfer or any controlled substance precursor in a regulated transaction.

(1) A purchaser shall present a copy of the controlled substance precursor license and a photo identification, if the purchase is to be shipped by other than a common carrier.

(2) A distributor shall record the controlled substance precursor license number and organization name along with the date of sale and material and quantity sold. This identification can be kept on file for a customer for the duration of a license period. A notarized photocopy of the license is acceptable proof of licensure. For transactions involving purchasers outside the state, no license number is required, but all other reporting is required.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

Utah Admin. Code R156-37c-604 Theft, Loss, or Shortage of Controlled Substance Precursor

In accordance with Subsection 58-37c-10(4)(e), purchasers and distributors shall file a report with respect to a theft, loss, or shortage of a controlled substance precursor with the division within 72 hours of discovery of the loss or shortage using the format required for unusual transactions except in the case of minor shortages discovered during inventory which would be consistent with expected handling losses which will not be reported except in the inventory reconciliation.

History

KEY: licensing, controlled substances, precursor
Date of Last Change: 1994
Notice of Continuation: April 3, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-37c-1

R156-37f Controlled Substance Database Act Rule

Utah Admin. Code R156-37f-101 Title

This rule shall be known as the "Controlled Substance Database Act Rule."

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-102 Definitions

In addition to the definitions in Sections 58-17b-102, 58-37-2 and 58-37f-102, as used in this Rule R156-37f:

(1) "ASAP" means the American Society for Automation in Pharmacy system.

(2) "DEA" means Drug Enforcement Administration.

(3) "EDS" means "electronic data system" as defined in Subsection 58-37f-303(1)(c).

(4) "EHR" means electronic health record.

(5) "HIE" means health information exchange.

(6) "High risk prescription" means the same as defined in Subsection 58-37-6(11)(a).

(7) "NABP" means the National Association of Boards of Pharmacy.

(8) "NCPDP" means National Council for Prescription Drug Programs.

(9) "NDC" means National Drug Code.

(10) "Null report" means the same as zero report.

(11) "ORI" means Originating Agency Identifier Number.

(12)(a) "Point of sale date," "POS date," or "Date Sold" mean the date the prescription drug left the pharmacy, and do not include the date the prescription drug was filled, if the dates differ.

(b) ASAP Version 4.2 uses the "DSP17" field to identify the point of sale date.

(13) "Positive identification" means:

(a) one of the following photo identifications issued by a foreign or domestic government:

(i) driver's license;

(ii) non-driver identification card;

(iii) passport;

(iv) military identification; or

(v) concealed weapons permit; or

(b) if the individual does not have government-issued identification, alternative evidence of the individual's identity as determined appropriate by the pharmacist, if the pharmacist documents in a prescription record a description of how the individual was positively identified.

(14) "Research facility" means a facility in which research takes place that has policies and procedures describing the research.

(15) "Rx" means a prescription.

(16) "Zero report" means a report containing the data fields required by Subsection R156-37f-203(5), indicating that no controlled substance required to be reported has been dispensed since the previous submission of data.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 37f, Controlled Substance Database Act.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1, General Rule of the Division of Occupational and Professional Licensing, is as described in Section R156-1-107.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-203 Submission, Collection, and Maintenance of Data

(1) Under Subsection 58-37f-203(1), each pharmacy or pharmacy group shall submit the data required in this section on a daily basis, either in real time or daily batch file reporting. The submitted data shall be from the point of sale date.

(a) If the data is submitted by a single pharmacy entity, the data shall be submitted in chronological order according to the date each prescription was sold.

(b) If the data is submitted by a pharmacy group, the data shall be sorted by individual pharmacy within the group, and the data of each individual pharmacy within the group shall be submitted in chronological order according to the date each prescription was sold.

(2) Under Subsections 58-37f-203(2), (3), and (6), the data required by this section shall be submitted to the Database through one of the following methods:

(a) electronic data sent via a secured internet transfer method, including sFTP site transfer;

(b) secure web base service; or

(3) Under Subsections 58-37f-203(2), (3), and (6), the format for submission to the Database shall be Version 4.2 of the ASAP Format for Controlled Substances. The Division may approve alternative formats substantially similar to this standard.

(4) Under Subsection 58-37f-203(6), the pharmacist-in-charge and the pharmacist identified in Subsections 58-37f- 203(2) and (3) shall provide the following data fields to the Division:

(a) version of ASAP used to send transaction (ASAP 4.2 code TH01);

(b) transaction control number (TH02);

(d) time transaction created (TH06);

(e) file type (production or test) (TH07);

(f) segment terminator character (TH09);

(g) information source identification number (IS01);

(h) information source entity name (IS02);

(i) reporting pharmacy's:

(i) National Provider Identifier (PHA01); and

(ii) identifier assigned by NCPDP or NABP (PHA02), or if none, then DEA registration number (PHA03);

(j) patient last name (PAT07);

(k) patient first name (PAT08);

(l) patient address (PAT12);

(m) patient city of residence (PAT14);

(n) patient zip code (PAT 16);

(o) patient date of birth (PAT18);

(p) dispensing status - new, revised, or void (DSP01);

(q) prescription number (DSP02);

(r) date prescription written by prescriber (DSP03);

(s) number of refills authorized by prescriber (DSP04);

(t) date prescription filled at dispensing pharmacy (DSP05);

(u) if current dispensed prescription is a refill, the number of the refill being dispensed (DSP06);

(v) product identification qualifier (DSP07);

(w) NDC 11-digit drug identification number (DSP08);

(x) quantity of drug dispensed in metric units (DSP09);

(y) days supply dispensed (DSP10);

(z) date drug left the pharmacy, meaning date sold (DSP17);

(aa) DEA registration number of prescribing practitioner (PRE02);

(bb) state that issued identification of individual picking up dispensed drug (AIR03);

(cc) type of identification used by individual picking up dispensed drug (AIR04);

(dd) identification number of individual picking up dispensed drug (AIR05);

(ee) last name of individual picking up dispensed drug (AIR07);

(ff) first name of individual picking up dispensed drug (AIR08);

(gg) dispensing pharmacist last name or initial (AIR09);

(hh) dispensing pharmacist first name (AIR10);

(ii) number of detail segments included for the pharmacy (TP01);

(jj) transaction control number (TT01); and

(kk) total number of segments included in the transaction (TT02).

(5) Under Subsection 58-37f-203(6), if no controlled substance required to be reported has been dispensed since the previous submission of data, then the pharmacist-in-charge and the pharmacist shall submit a zero report to the Division, which shall include the following data fields:

(a) version of ASAP used to send transaction (TH01);

(b) transaction control number (TH02);

(d) time transaction created (TH06);

(e) file type (production or test) (TH07);

(f) segment terminator (TH09);

(g) information source identification number (IS01);

(h) information source entity name (IS02);

(i) date range (IS03);

(j) reporting pharmacy's:

(i) National Provider Identifier (PHA01); and

(ii) identifier assigned by NCPDB or NABP (PHA02), or if none, then DEA registration number (PHA03);

(k) patient last name = "Report" (PAT07);

(l) patient first name = "Zero" (PAT08);

(m) date prescription dispensed at dispensing pharmacy (DSP05);

(n) number of detail segments included for the pharmacy (TP01);

(o) transaction control number (TT01); and

(p) total number of segments included in the transaction (TT02).

(6) Under Subsection 58-37f-203(2), a Class A, B, D, or E pharmacy or pharmacy group that has a controlled substance license but is not dispensing controlled substances and does not anticipate doing so in the immediate future may request a waiver or submit a certification, in a form preapproved by the Division, in lieu of daily zero reports:

(a) The pharmacy or pharmacy group shall renew its waiver or certification at the end of each calendar year.

(b) If a pharmacy or pharmacy group with a current waiver or certification dispenses a controlled substance:

(i) the waiver or certification shall immediately and automatically terminate;

(ii) the Database reporting requirements of Subsections 58-37f-203(1) and R156-37f-203(1) shall apply to the pharmacy or pharmacy group immediately upon the dispensing of the controlled substance; and

(iii) the pharmacy or pharmacy group shall notify the Division in writing of the waiver or certification termination within 24 hours or the next business day of the dispensing of the controlled substance, whichever is later.

(7) The Database shall collect information regarding the prescription noncontrolled substance 1-(Aminomethyl)- cyclohexaneacetic acid (Gabapentin), in accordance with Subsection 58-37f-203(8).

(8) The Database shall collect information regarding "any substance which contains any quantity of a derivative of barbituric acid or any salt of any of them" (Butalbital), in accordance with Subsection 58-37-4(2)(c)(ii) which designates this as a Schedule III controlled substance.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-301 Access to Database Information

Under Subsections 58-37f-301(1)(a) and (b):

(1) The Division Director may designate the Database staff individuals employed by the Division who may have access to the Database.

(2)(a) An applicant to become a Database registered user may apply for an online account and user name only under the specific subparagraph in Subsection 58-37f-301(2) under which the applicant qualifies.

(b) A registered user may not permit another person to have knowledge of or use the registered user's assigned password or personal identification number (PIN).

(3)(a) A request for information from the Database may be made:

(i) directly to the Database by electronic submission, if the requester is registered to use the Database; or

(ii) by written request to the Database staff in accordance with this section, if the requester is not registered to use the Database.

(b) A written request may be submitted by facsimile, email, regular mail, or in person except as otherwise provided in this section.

(4) The following Database information may be disseminated to a verified requester who is permitted to obtain the information:

(a) dispensing and reporting pharmacy ID number and name;

(b) subject's birth date;

(d) prescription (Rx) number;

(e) metric quantity;

(f) days supply;

(g) NDC code and drug name;

(h) prescriber ID and name;

(i) subject's last name;

(j) subject's first name; and

(k) subject's street address;

(5)(a) Under Subsection 58-37f-301(2)(l), federal, state, and local law enforcement authorities and state and local prosecutors requesting information from the Database pursuant to a valid search warrant or DEA administrative subpoena, may submit the search warrant or subpoena to the Database as follows:

(i) in person;

(ii) by email to csd@utah.gov;

(iii) by facsimile; or

(iv) by U.S. Mail.

(b) The search warrant or DEA administrative subpoena may include the following information to assist in the search:

(i) for an individual for whom a controlled substance or noncontrolled substance has been prescribed or dispensed, the subject's name and birth date;

(ii) for a prescriber who is the subject of the investigation, the prescriber's full name; and

(iii) the date range to be searched.

(c) The Database information provided as a result of the search warrant or DEA administrative subpoena shall be in accordance with Subsection (4) unless otherwise specified in the search warrant or subpoena.

(6) Under Subsections 58-37f-301(2) and (7), a probation or parole officer employed by the Department of Corrections or a political subdivision may have access to the Database without a search warrant, for supervision of a specific probationer or parolee under the officer's direct supervision, if the following conditions have been met:

(a) a security agreement signed by the officer is submitted to the Division for access, which contains:

(i) the agency's:

(A) name;

(B) complete address, including city and zip code; and

(ii) a copy of the officer's driver's license;

(iii) the officer's:

(A) full name;

(B) contact phone number; and

(b) the online database account includes the officer's:

(i) full name;

(ii) agency email address;

(iii) complete home address, including city and zip code;

(iv) work title;

(v) contact phone number;

(vi) complete work address including city and zip code;

(vii) work phone number; and

(viii) driver's license number.

(7) Under Subsections 58-37f-301(2)(p) and (q):

(a) An individual may:

(i) obtain the individual's own information and records contained within the Database; and

(ii) unless the individual's record is subject to a pending or current investigation authorized under Subsection 58-37f- 301(2)(q), receive an accounting of persons or entities that have requested or received Database information about the individual, to include:

(A) the role of the person that accessed the information;

(B) the date range of the information that was accessed, if available;

(D) the name of the practitioner on behalf of whom the request was made, if applicable.

(b) The individual may request the information by submitting an original signed and notarized request as furnished by the Division that includes:

(i) the individual's:

(A) full name, including aliases;

(B) complete home address;

(D) date of birth;

(ii) a clearly legible copy of government-issued picture identification confirming the individual's identity; and

(iii) requested date range for the information.

(c) A third party may request information from the Database on behalf of an individual as provided in Subsection (7)(a), by submitting:

(i) an original signed and notarized request as furnished by the Division;

(ii) a clearly legible copy of government-issued picture identification confirming the requester's identity; and

(iii) an original, or certified copy, of properly executed legal documentation acceptable to the Database staff that the requester:

(A) is the individual's current agent under a power of attorney that:

(I) authorizes the agent to make health are decisions for the individual;

(II) allows the agent to have access to the patient's protected health information (PHI) under HIPAA; or

(III) otherwise grants the agent specific authority to obtain Database information on behalf of the individual;

(B) is the parent or court-appointed legal guardian of a minor individual;

(D) has an original, signed, and notarized form for release of records from the individual in a format acceptable to the Database staff, that identifies the purpose of the release with respect to the Database.

(8) Under Subsection 58-37f-301(2)(i), an employee of a licensed practitioner who is authorized to prescribe controlled substances may obtain Database information if prior to making the request:

(a) the licensed practitioner has provided to the Division a written designation furnished by the Division that includes:

(i) the practitioner's:

(A) DEA number; and

(B) email address account registered with the Database, that is not a shared or group account; and

(ii) the designated employee's:

(A) full name;

(B) complete home address;

(D) date of birth;

(E) driver license number or state identification card number; and

(F) professional license number, if any; and

(iii) signatures from both the practitioner and designated employee;

(b) the designated employee has registered for an account for access to the Database and provided a unique user identification;

(d) the Database has issued the designated employee a user (PIN) and activated the employee's Database account.

(9) Under Subsection 58-37f-301(2)(j), an employee of the same business that employs a licensed practitioner who is authorized to prescribe controlled substances may obtain Database information if prior to making the request:

(a) the licensed practitioner and employing business have provided to the Division a written designation that includes:

(i) the practitioner's:

(A) DEA number; and

(B) email address account registered with the Database, that is not a shared or group account;

(ii) the name of the employing business; and

(iii) the designated employee's:

(A) full name;

(B) complete home address;

(D) date of birth;

(E) driver license number or state identification card number; and

(F) professional license number, if any;

(b) the designated employee has registered for an account for access to the Database and provided a unique user identification and password;

(d) the Database has issued the designated employee a user (PIN) and activated the employee's Database account.

(10) Under Subsection 58-37f-301(4)(a), an individual who is employed in the emergency department of a hospital may obtain Database information if prior to making the request:

(a) the practitioner and the hospital operating the emergency department have provided to the Division a written designation that includes:

(i) the practitioner's:

(A) DEA number; and

(B) email address account registered with the Database, that is not a shared or group account;

(ii) the name of the hospital; and

(iii) the designated employee's:

(A) full name;

(B) complete home address;

(D) date of birth;

(E) driver license number or state identification card number; and

(F) professional license number, if any;

(b) the designated employee has registered for an account for access to the Database and provided a unique user identification and password;

(d) the Database has issued the designated employee a user (PIN) and activated the employee's Database account.

(11) Under Subsection 58-37f-301(5), an individual's requests to the Division regarding third party notice when a controlled substance or noncontrolled substance prescription is dispensed to that individual, shall be made as follows:

(a) To request that the Division begin providing notice to a third party, or to request that the Division discontinue providing notice to a third party, the individual shall submit an original signed and notarized request form as furnished by the Division, that includes:

(i) the individual's:

(A) full name, including aliases;

(B) birth date;

(D) email address; and

(E) contact phone number;

(ii) a clearly legible copy of government-issued picture identification confirming the individual's identity; and

(iii) the designated third party's:

(A) full name;

(B) complete home address, including city and zip code;

(D) contact phone number.

(b) After receiving a request to discontinue third party notice, the Division shall:

(i) provide notice to the requesting individual that the discontinuation notice was received; and

(ii) provide notice to the designated third party that the notification has been rescinded.

(12) Under Subsections 58-37f-301(2)(e)(i) and (2)(f), the Utah Department of Health may access Database information for purposes of scientific study regarding public health. To access information, the scientific investigator shall:

(a) demonstrate to the satisfaction of the Division that the research is part of an approved project of the Utah Department of Health;

(b) provide a description of the research to be conducted, including:

(i) a research protocol for the project; and

(ii) a description of the data needed from the Database to conduct that research;

(c) provide assurances and a plan that demonstrates all Database information will be maintained securely, with access being strictly restricted to the requesting scientific investigator;

(d) provide for electronic data to be stored on a secure database computer system with access being strictly restricted to the requesting scientific investigator; and

(e) pay all relevant expenses for data transfer and manipulation.

(13) Under Subsection 58-37f-301(2)(v), an employee of the Utah Medicaid Fraud Control Unit (MFCU) of the Attorney General's Office may have access to the Database if the following conditions have been met:

(a) a security agreement signed by the employee is submitted to the Division for access, which contains:

(i) the MFCU's:

(A) complete address, including city and zip code; and

(B) ORI number;

(ii) a copy of the employee's driver's license;

(iii) the employee's:

(A) full name;

(B) contact phone number; and

(b) the online database account includes the employee's:

(i) full name;

(ii) MFCU email address;

(iii) complete home address, including city and zip code;

(iv) work title;

(v) contact phone number;

(vi) complete work address including city and zip code;

(vii) work phone number; and

(viii) driver's license number.

(14) Database information that may be disseminated under Section 58-37f-301 may be disseminated by the Database staff either:

(a) verbally;

(b) by facsimile;

(d) by U.S. mail; or

(e) by electronic access, where adequate technology is in place to ensure that a record will not be compromised, intercepted, or misdirected.

(15)(a) A designating practitioner or other person that employs a designee authorized to obtain Database information, shall submit to the Division a notice of disassociation of designee as soon as practicable after that designee ceases employment or is otherwise no longer designated.

(b) The notice of disassociation of designee shall be on a form provided by the Division, and include:

(i) the designee's full name;

(ii) the designee's email address;

(iii) the designating practitioner's:

(A) name;

(B) DEA number;

(D) email address;

(iv) the establishment's:

(A) name;

(B) phone number, and fax number if any; and

(v) the reason for disassociation; and

(vi) the signature of the designating practitioner or person authorized to sign on their behalf.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-302 Other Restrictions on Access to Database

Subsection 58-37f-302(2), which prohibits any individual or organization with lawful access to the data from being compelled to testify with regard to the data, includes deposition testimony.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

Utah Admin. Code R156-37f-303 Access to Opioid Prescription Information Via an Electronic Data System

(1) Under Subsection 58-37f-303(4)(a)(i), to access opioid prescription information in the Database, an electronic data system shall:

(a) interface with the Database through the Division-approved Prescription Monitoring Program (PMP) Hub system; and

(b) comply with the restrictions on Database access and use of Database information in Title 58, Chapter 37f, Controlled Substance Database Act and this Rule R156-37f.

(2) Pursuant to Subsection 58-37f-303(4)(a)(ii), to access opioid prescription information in the Database via an electronic data system (EDS), an EDS user shall:

(a) register to use the Database by creating an approved account established by the Division pursuant to a memorandum of understanding with the Division;

(b) use the unique user name and password associated with the account created for the EDS user to access Database information through the original internet access system;

(c) comply with the restrictions on Database access and uses of Database information in Title 58, Chapter 37f, Controlled Substance Database Act and this Rule R156-37f.

(3)(a) The Division may immediately suspend, without notice or opportunity to be heard, an electronic data system's or an EDS user's access to the Database, if the Division determines by audit or other means that the access may lead to a violation of Section 58-37f-601 or may otherwise compromise the integrity, privacy, or security of the Database's opioid prescription information.

(b) This remedy shall be in addition to the criminal and civil penalties imposed by Section 58-37f-601 for unlawful release or use of Database information, and the Division's obligation under Subsections 58-37f-303(5) and (6) to immediately suspend or revoke Database access and pursue appropriate corrective or disciplinary action against a non-compliant electronic data system or EDS user.

History

KEY: controlled substance database, licensing
Date of Last Change: December 9, 2021
Notice of Continuation: July 19, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37f-301(1)

R156-38a Residence Lien Restriction and Lien Recovery Fund Rule

Utah Admin. Code R156-38a-101 Title

This rule is known as the "Residence Lien Restriction and Lien Recovery Fund Act Rule."

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-102 Definitions

In addition to the definitions in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; Title 58, Chapter 1, Division of Occupational and Professional Licensing Act; and Rule R156-1, General Rule of the Division of Occupational and Professional Licensing, which shall apply to this rule, as used in this rule:

(1) "Affidavit", as required by Subsection 38-11-110(2)(a), means a form affidavit approved by the Division that establishes the following:

(a) the applicant is an owner as defined in Subsection 38-11-102(17);

(b) the residence is an owner-occupied residence as defined in Subsection 38-11-102(18);

(c) the amount of the general contract as defined in Subsection 38-11-107(1)(b)(i)(B) and clarified in Subsection R156-38a-102(14);

(d) the original contractor as defined in Subsection 38-11-102(16);

(e) the location of the residence; and

(f) any other information necessary to establish eligibility for the issuance of a certificate of compliance under Subsection 38-11-110(2)(a), as determined by the Division.

(2) "Affidavit of Compliance" means the affidavit submitted by the owner seeking issuance of a certificate of compliance under Subsection 38-11-110(1)(a)(ii).

(3) "Applicant" means either a claimant, as defined in Subsection (4), or a homeowner, as defined in Subsection (8), who submits an application for a certificate of compliance.

(4) "Claimant" means a person who submits an application or claim for payment from the fund.

(5) "Construction project", as used in Subsection 38-11-203(4), means all qualified services related to the written contract required by Subsection 38-11-204(4)(a).

(6) "Contracting entity" means an original contractor, a factory built housing retailer, or a real estate developer that contracts with a homeowner.

(7) "During the construction", as used in Subsection 38-11-204(1)(c)(ii), means beginning at the time the claimant first provides qualified services and throughout the time frame the claimant provides qualified services.

(8) "Homeowner" means the owner of an owner-occupied residence.

(9) "Licensed or exempt from licensure", as used in Subsection 38-11-204(4) means that, on the date the written contract was entered into, the contractor held a valid, active license issued by the Division pursuant to Title 58, Chapter 55 of the Utah Code in any classification or met any of the exemptions to licensure given in Title 58, Chapters 1 and 55.

(10) "Necessary party" includes the Division, on behalf of the fund, and the applicant.

(11) "Owner", as defined in Subsection 38-11-102(17), does not include any person or developer who builds residences that are offered for sale to the public.

(12) "Permissive party" includes:

(a) with respect to claims for payment: the nonpaying party, the homeowner, and any entity who may be required to reimburse the fund if a claimant's claim is paid from the fund;

(b) with respect to an application for a certificate of compliance: the original contractor and any entity who has demanded from the homeowner payment for qualified services.

(13) "Qualified services", as used in Subsection 38-11-102(20) do not include:

(a) services provided by the claimant to cure a breach of the contract between the claimant and the nonpaying party; or

(b) services provided by the claimant under a warranty or similar arrangement.

(14) "Totals no more", as used in Subsection 38-11-107(1)(b)(ii)(A), means the inclusion of all changes or additions.

(15) "Written contract", as used in Subsection 38-11-204(4)(a)(i), means one or more documents for the same construction project which collectively contain all of the following:

(a) an offer or agreement conveyed for qualified services that will be performed in the future;

(b) an acceptance of the offer or agreement conveyed prior to the commencement of any qualified services; and

(c) identification of the residence, the parties to the agreement, the qualified services that are to be performed, and an amount to be paid for the qualified services that will be performed.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-103a Authority - Purpose - Organization

(1) This rule is adopted by the Division under the authority of Section 38-11-103 to enable the Division to administer Title 38, Chapter 11, the Residence Lien Restriction and Lien Recovery Fund Act.

(2) The organization of this rule is patterned after the organization of Title 38, Chapter 11.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-103b Duties, Functions, and Responsibilities of the Division

The duties, functions and responsibilities of the Division with respect to the administration of Title 38, Chapter 11, shall, to the extent applicable and not in conflict with the Act or this rule, be in accordance with Section 58-1-106.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-104 Board

Board meetings shall comply with the requirements set forth in Section R156-1-205.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-105a Adjudicative Proceedings

(1) The classification of adjudicative proceedings initiated under Title 38, Chapter 11 is set forth at Sections R156- 46b-201 and R156-46b-202.

(2) The identity and role of presiding officers for adjudicative proceedings initiated under Title 38, Chapter 11, is set forth in Sections 58-1-109 and R156-1-109.

(3) Issuance of investigative subpoenas under Title 38, Chapter 11 shall be in accordance with Subsection R156-1- 110.

(4) Adjudicative proceedings initiated under Title 38, Chapter 11, shall be conducted in accordance with Title 63G, Chapter 4, Utah Administrative Procedures Act, and Rules R151-46b and R156-46b, Utah Administrative Procedures Act Rules for the Department of Commerce and the Division of Occupational and Professional Licensing, respectively, except as otherwise provided by Title 38, Chapter 11 or this rule.

(5) Claims for payment and applications for a certificate of compliance shall be filed with the Division and served upon all necessary and permissive parties.

(6) Service of claims, applications for a certificate of compliance, or other pleadings by mail to a qualified beneficiary of the fund addressed to the address shown on the Division's records with a certificate of service as required by R151- 46b-8, shall constitute proper service. It shall be the responsibility of each applicant or registrant to maintain a current address with the Division.

(7) A permissive party is required to file a response to a claim or application for certificate of compliance within 30 days of notification by the Division of the filing of the claim or application for certificate of compliance, to perfect the party's right to participate in the adjudicative proceeding to adjudicate the claim or application. The response of a permissive party seeking to dispute an owner's affidavit of compliance shall clearly state the basis for the dispute.

(8)(a) For claims wherein the claimant has had judgment entered against the nonpaying party, findings of fact and conclusions of law entered by a civil court or state agency submitted in support of or in opposition to a claim against the fund shall not be subject to readjudication in an adjudicative proceeding to adjudicate the claim.

(b) For claims wherein the nonpaying party's bankruptcy filing precluded the claimant from having judgment entered against the nonpaying party, a claim or issue resolved by a prior judgment, order, findings of fact, or conclusions of law entered in by a civil court or a state agency submitted in support of or in opposition to a claim against the fund shall not be subject to readjudication with respect to the parties to the judgment, order, findings of fact, or conclusions of law.

(9) A party to the adjudication of a claim against the fund may be granted a stay of the adjudicative proceeding during the pendency of a judicial appeal of a judgment entered by a civil court or the administrative or judicial appeal of an order entered by an administrative agency provided:

(a) the administrative or judicial appeal is directly related to the adjudication of the claim; and

(b) the request for the stay of proceedings is filed with the presiding officer conducting the adjudicative proceeding and concurrently served upon all parties to the adjudicative proceeding, no later than the deadline for filing the appeal.

(10) Notice pursuant to Subsection 38-1a-701(6)(f) shall be accomplished by sending a copy of the Division's order by first class, postage paid United States Postal Service mail to each lien claimant listed on the application for certificate of compliance. The address for the lien claimant shall be:

(a) if the lien claimant is a licensee of the Division or a registrant of the fund, the notice shall be mailed to the current mailing address shown on the Division's records; or

(b) if the lien claimant is not a licensee of the Division or a registrant of the fund, the notice shall be mailed to the registered agent address shown on the records of the Division of Corporations and Commercial Code.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-105b Notices of Denial - Notices of Incomplete Application - Conditional Denial of Claims - Extensions of Time to Correct Claims - Prolonged Status

(1)(a) A written notice of denial of a claim or certificate of compliance shall be provided to an applicant who submits a complete application if the Division determines that the application does not meet the requirements of Section 38-11-204 or Subsection 38-11-110(1)(a), respectively.

(b) A written notice of incomplete application shall be provided to an applicant who submits an incomplete application. The notice shall advise the applicant that the application is incomplete and that the application will be denied, unless the applicant corrects the deficiencies within the time period specified in the notice and the application otherwise meets all qualifications for approval.

(2) An applicant may upon written request receive a single 30 day extension of the time period specified in the notice of incomplete application.

(3) (a) A claimant may for any reason be granted a single request for prolonged status;

(b) A homeowner seeking issuance of a certificate of compliance may be granted prolonged status if the homeowner submits a written request documenting that the homeowner:

(i) can be reasonably expected to complete the application if an additional extension is granted; or

(ii) has filed a pending action in small claims or district court to resolve a dispute of the affidavit of compliance.

(c) An application under (3)(a) or (3)(b) that is granted prolonged status shall be inactive for a period of one year or until reactivated by the applicant, whichever comes first.

(d) At the end of the one year period, the applicant under (3)(a) or (3)(b) shall be required to either complete the application or demonstrate reasonable cause for prolonged status to be renewed for another one year period. The following shall constitute valid causes for renewing prolonged status:

(i) continuing litigation the outcome of which will affect whether the applicant can demonstrate compliance with Section 38-11-110 or 38-11-204;

(ii) ongoing bankruptcy proceedings involving the nonpaying party or contracting entity that would prevent the applicant from complying with Section 38-11-204;

(iii) continuing compliance by the nonpaying party with a payment agreement between the claimant and the nonpaying party; or

(iv) other reasonable cause as determined by the presiding officer.

(e) Upon expiration of the one year prolonged status of an application, the Division shall issue to the applicant an updated notice of incomplete application pursuant to Subsection (1)(b). Included with that notice shall be a form that provides the applicant an opportunity to:

(i) reactivate the application;

(ii) withdraw the application; or

(iii) request prolonged status be renewed pursuant to Subsection (3)(d).

(f) A request for renewal of prolonged status made under Subsection (3)(d) shall include evidence sufficient to demonstrate the validity of the reasons given as justification for renewal.

(g) If an applicant's request for prolonged status or renewal of prolonged status is denied, the applicant may request agency review.

(h) An application which has been reactivated from prolonged status may not be again prolonged unless the applicant can establish compliance with the requirements of Subsection (3)(d).

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-107 Application of Requirements under Subsection 38-11-107(1)(b)

The provisions of Subsection 38-11-107(1)(b) shall apply only to general contracts entered into after May 10, 2010.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-108 Notification of Rights under Title 38, Chapter 11

A notice in substantially the following form shall prominently appear in an easy-to-read type style and size in every contract between an original contractor and homeowner and in every notice of intent to hold and claim lien filed under Section 38-1a-502 against a homeowner or against an owner-occupied residence:

"X. PROTECTION AGAINST LIENS AND CIVIL ACTION. Notice is hereby provided in accordance with Section 38-11-108 of the Utah Code that under Utah law an "owner" may be protected against liens being maintained against an "owner-occupied residence" and from other civil action being maintained to recover monies owed for "qualified services" performed or provided by suppliers and subcontractors as a part of this contract, if either section (1) or (2) is met:

(1)(a) the owner entered into a written contract with an original contractor, a factory built housing retailer, or a real estate developer;

(b) the original contractor was properly licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act at the time the contract was executed; and

(c) the owner paid in full the contracting entity in accordance with the written contract and any written or oral amendments to the contract; or

(2) the amount of the general contract between the owner and the original contractor totals no more than $5,000."

(3) An owner who can establish compliance with either section (1) or (2) may perfect the owner's protection by applying for a Certificate of Compliance with the Division of Occupational and Professional Licensing. The application is available at www.dopl.utah.gov/rlrf.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-109 Format for Instruction and Form Required under Subsection 38-1a-701(6)

The instructions and form required under Subsection 38-1a-701(6) shall be the Homeowner's Application for Certificate of Compliance prepared by the Division.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-110a Applications by Homeowners seeking issuance of Certificate of Compliance under Subsection 38-11- 110(1)(a)(i) - Supporting Documents and Information

The following supporting documents shall, at a minimum, accompany each homeowner application for a certificate of compliance seeking protection under Subsection 38-11-110(1)(a)(i):

(1) a copy of the written contract between the homeowner and the contracting entity;

(2)(a) if the homeowner contracted with an original contractor, documentation issued by the Division that the original contractor was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, on the date the contract was entered into;

(b) if the homeowner contracted with a real estate developer:

(i) a copy of the contract between the real estate developer and the licensed contractor with whom the real estate developer contracted for construction of the residence or other credible evidence showing the existence of such a contract and setting forth a description of the services provided to the real estate developer by the contractor;

(ii) credible evidence that the real estate developer offered the residence for sale to the public; and

(iii) documentation issued by the Division that the contractor with whom the real estate developer contracted for construction of the residence was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, on the date the contract was entered into;

(c) if the real estate developer is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades Licensing Act, who engages in the construction of a residence that is offered for sale to the public:

(i) a copy of the contract between the homeowner and the contractor real estate developer;

(ii) credible evidence that the contractor real estate developer offered the residence for sale to the public; and

(iii) documentation issued by the Division showing that the contractor real estate developer with whom the homeowner contracted for construction of the residence was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, on the date the contract was entered into;

(d) if the homeowner contracted with a manufactured housing retailer, a copy of the completed retail purchase contract;

(3) one of the following:

(a) except as provided in Subsection (7), an affidavit from the contracting entity acknowledging that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; or

(b) other credible evidence establishing that the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; and

(4) credible evidence establishing ownership of the incident residence on the date the written contract between the owner and the contracting entity was entered;

(5) one of the following:

(a) a copy of the certificate of occupancy issued by the local government entity having jurisdiction over the incident residence;

(b) if no occupancy permit was required by the local government entity but a final inspection was required, a copy of the final inspection approval issued by the local government entity; or

(c) if neither Subsection (5)(a) nor (b) applies, an affidavit from the homeowner or other credible evidence establishing the date on which the original contractor substantially completed the written contract;

(6)(a) an affidavit from the homeowner establishing that the residence is an owner-occupied residence as defined in Subsection 38-11-102(18); or

(b) other credible evidence establishing that the residence if an owner-occupied residence as defined in Subsection 38-11-102(18).

(7) If any of the following apply, the affidavit described in Subsection (3)(a) shall not be accepted as evidence of payment in full unless that affidavit is accompanied by independent, credible evidence substantiating the statements made in the affidavit:

(a) the affiant is the homeowner;

(b) the homeowner is an owner, member, partner, shareholder, employee, or qualifier of the contracting entity;

(c) the homeowner has a familial relationship with an owner, member, partner, shareholder, employee, or qualifier of the contracting entity;

(d) the homeowner has a familial relationship with the affiant;

(e) an owner, member, partner, shareholder, employee, or qualifier of the contracting entity is also an owner, member, partner, shareholder, employee, or qualifier of the homeowner;

(f) the contracting entity is an owner, member, partner, shareholder, employee, or qualifier of the homeowner; or

(g) the affiant stands to benefit in any way from approval of the claim or application for certificate of compliance.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-110b Applications by Homeowners seeking issuance of a Certificate of Compliance under Subsection 38-11- 110(1)(a)(ii) - Supporting Documents and Information

The following supporting documents shall, at a minimum, accompany each homeowner application for a certificate of compliance seeking protection under Subsection 38-11-110(1)(a)(ii):

(1)(a) the original affidavit of compliance; and

(b) a list of known subcontractors who provided service, labor, or materials under the general contractor.

(2) When an affidavit of compliance is disputed, the owner must submit evidence demonstrating compliance with the requirements specified in Subsection 38-11-110(2)(c)(ii).

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-202 Application Fees

(1) Except as described in Subsection (2), application fees under Subsection 38-11-202(3)(a) for an application from a qualified beneficiary or laborer seeking to make a claim against the fund shall be paid concurrently with the submission of an application.

(2) If the Director issues a notice that there is no longer adequate money in the fund to pay claimants under Subsection R156-38a-204d(1), the application fee due under Subsection 38-11-202(3)(a) shall be deferred until payment is requested by the Division.

(3) After the Director issues a notice that adequate money to pay claimants has been allocated under Subsection R156- 38a-204d(4), the Division shall request filing fees from applicants in the order described under Subsection R156-38a-204d(3).

(a) The request for payment of application fees under Subsection R156-38a-202(3) shall be made by the Division to the email address listed on the application.

(b) The applicant shall have 14 days to pay the application fee in full following a request by the Division with the first day being the day following the date of the email described in Subsection R156-38a-202(3)(a) and ending 14 days thereafter at 5 pm Utah local time.

(c) If the applicant does not pay the requested application fee within the period described in Subsection R156-38a- 202(3)(b), the application shall be deemed incomplete and rejected.

(4) Payment of an application fee under Subsection R156-38a-202(1) or R156-38a-202(3) does not constitute a final determination of a claim on the merits by the Division.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-203 Limitation on Payment of Claims

(1) Claims may be paid prior to the pro-rata adjustment required by Subsection 38-11-203(4)(b) if the Division determines that a pro-rata payment will likely not be required.

(2) If any claims have been paid before the Division determines a pro-rata payment will likely be required, the Division will notify the claimants of the likely adjustment and that the claimants will be required to reimburse the Division when the final pro-rata amounts are determined.

(3) The pro-rata payment amount required by Subsection 38-11-203(4)(b) shall be calculated as follows:

(a) determine the total claim amount each claimant would be entitled to without consideration of the limit set in Subsection 38-11-203(4)(b);

(b) sum the amounts each claimant would be entitled to without consideration of the limit to determine the total amount payable to all claimants without consideration of the limit;

(c) divide the limit amount by the total amount payable to all claimants without consideration of the limit to find the claim allocation ratio; and

(d) for each claim, multiply the total claim amount without consideration of the limit by the claim allocation ratio to find the net payment for each claim.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-204a Claims Against the Fund by Nonlaborers - Supporting Documents and Information

The following supporting documents shall, at a minimum, accompany each nonlaborer claim for recovery from the fund:

(1) one of the following:

(a) a copy of the certificate of compliance issued by the Division establishing that the owner is in compliance with Subsection 38-11-204(4)(a) and (b) for the residence at issue in the claim;

(b) the documents required in Section R156-38a-110a; or

(i) the homeowner entered a written contract in compliance with Subsection 38-11-204(4)(a);

(ii) the contracting entity was licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act;

(iii) the homeowner paid the contracting entity in full in accordance with the written contract and any amendments to the contract; and

(iv) the homeowner is an owner as defined in Subsection 38-11-102(17) and the residence is an owner-occupied residence as defined in Subsection 38-11-102(18);

(2) if the applicant recorded a notice of claim under Section 38-1a-502, a copy of that notice establishing the date that notice was filed.

(3) one of the following as applicable:

(a) a copy of an action date stamped by a court of competent jurisdiction filed by the claimant against the nonpaying party to recover monies owed for qualified services performed on the owner-occupied residence; or

(b) documentation that a bankruptcy filing by the nonpaying party prevented the claimant from satisfying Subsection (a);

(4) one of the following:

(a) a copy of a civil judgment entered in favor of the claimant against the nonpaying party containing a finding that the nonpaying party failed to pay the claimant pursuant to their contract; or

(b) documentation that a bankruptcy filing by the nonpaying party prevented the claimant from obtaining a civil judgment, including a copy of the proof of claim filed by the claimant with the bankruptcy court, together with credible evidence establishing that the nonpaying party failed to pay the claimant pursuant to their contract;

(5) one or more of the following as applicable:

(a) a copy of a supplemental order issued following the civil judgment entered in favor of the claimant and a copy of the return of service of the supplemental order indicating either that service was accomplished on the nonpaying party or that said nonpaying party could not be located or served;

(b) a writ of execution issued if any assets are identified through the supplemental order or other process, which have sufficient value to reasonably justify the expenditure of costs and legal fees which would be incurred in preparing, issuing, and serving execution papers and in holding an execution sale; or

(c) documentation that a bankruptcy filing or other action by the nonpaying party prevented the claimant from satisfying Subparagraphs (a) and (b);

(6) certification that the claimant is not entitled to reimbursement from any other person at the time the claim is filed and that the claimant will immediately notify the presiding officer if the claimant becomes entitled to reimbursement from any other person after the date the claim is filed; and

(7) one or more of the following:

(a) a copy of invoices setting forth a description of, the location of, the performance dates of, and the value of the qualified services claimed;

(b) a copy of a civil judgment containing a finding setting forth a description of, the location of, the performance dates of, and the value of the qualified services claimed; or

(c) credible evidence setting forth a description of, the location of, the performance dates of, and the value of the qualified services claimed.

(8) If the claimant is requesting payment of costs and attorney fees other than those specifically enumerated in the judgment against the nonpaying party, the claim shall include documentation of those costs and fees adequate for the Division to apply the requirements set forth in Section R156-38a-204d.

(9) In claims in which the presiding officer determines that the claimant has made a reasonable but unsuccessful effort to produce all documentation specified under this rule to satisfy any requirement to recover from the fund, the presiding officer may elect to accept the evidence submitted by the claimant if the requirements to recover from the fund can be established by that evidence.

(10) A separate claim must be filed for each residence and a separate filing fee must be paid for each claim.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-204b Claims Against the Fund by Laborers - Supporting Documents

(1) The following supporting documents shall, at a minimum, accompany each laborer claim for recovery from the fund:

(a) one of the following:

(i) a copy of a wage claim assignment filed with the Employment Standards Bureau of the Antidiscrimination and Labor Division of the Labor Commission of Utah for the amount of the claim, together with all supporting documents submitted in conjunction therewith; or

(ii) a copy of an action filed by claimant against claimant's employer to recover wages owed;

(b) one of the following:

(i) a copy of a final administrative order for payment issued by the Employment Standards Bureau of the Antidiscrimination and Labor Division of the Labor Commission of Utah containing a finding that the claimant is an employee and that the claimant has not been paid wages due for work performed at the site of construction on an owner-occupied residence;

(ii) a copy of a civil judgment entered in favor of claimant against the employer containing a finding that the employer failed to pay the claimant wages due for work performed at the site of construction on an owner-occupied residence; or

(iii) a copy of a bankruptcy filing by the employer which prevented the entry of an order or a judgment against the employer;

(i) a copy of the certificate of compliance issued by the Division establishing that the owner is in compliance with Subsection 38-11-204(4)(a) and (b) for the residence at issue in the claim;

(ii) an affidavit from the homeowner establishing that he is an owner as defined in Subsection 38-11-102(17) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(18);

(iii) a copy of a civil judgment containing a finding that the homeowner is an owner as defined by Subsection 38-11- 102(17) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(18); or

(iv) other credible evidence establishing that the owner is an owner as defined by Subsection 38-11-102(17) and that the residence is an owner-occupied residence as defined by Subsection 38-11-102(18).

(2) When a laborer makes claim on multiple residences as a result of a single incident of nonpayment by the same employer, the Division must require payment of at least one application fee required under Section 38-11-204(1)(b) and at least one registration fee required under Subsection 38-11-204(7), but may waive additional application and registration fees for claims for the additional residences, where no legitimate purpose would be served by requiring separate filings.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-204c Calculation of Costs, Attorney Fees and Interest for Payable Claims

(1) Payment for qualified services, costs, attorney fees, and interest shall be made as specified in Section 38-11-203.

(2) When a claimant provides qualified service on multiple properties, irrespective of whether those properties are owner-occupied residences, and files claim for payment on some or all of those properties and the claims are supported by a single judgment or other common documentation and the judgment or documentation does not differentiate costs and attorney fees by property, the amount of costs and attorney fees shall be allocated among the related properties using the following formula: (Qualified services attributable to the owner-occupied residence at issue in the claim divided by Total qualified services awarded as judgment principal or total documented qualified services) x Total costs or total attorney fees.

(3)(a) For claims wherein the claimant has had judgment entered against the nonpaying party, post-judgment costs shall be limited to those costs allowable by a district court, such as costs of service, garnishments, or executions, and shall not include postage, copy expenses, telephone expenses, or other costs related to the preparation and filing of the claim application.

(b) For claims wherein the nonpaying party's bankruptcy filing precluded the claimant from having judgment entered against the nonpaying party, total costs shall be limited to those costs that would have been allowable by the district court had judgment been entered, such as, but not limited to, costs of services, garnishments, or executions, and shall not include postage, copy expenses, telephone expenses, or other costs related to the preparation and filing of the claim application.

(4) The interest rate or rates applicable to a claim shall be the rate for the year or years in which payment for the qualified services was due.

(5) If the evidence submitted in fulfillment of Subsection R156-38a-204b(7) does not specify the date or dates upon which payment was due, the Division shall assume payment was due 30 calendar days after the date on which the claimant billed the nonpaying party for the qualified services.

(6) If the qualified services at issue in a claim were billed in two or more installments and payment was due on two or more dates, the claimant shall provide documentation sufficient for the Division to determine each payment due date and the attendant portion of qualified services for which payment was due on that date. If the claimant does not provide sufficient documentation, the Division shall assume the nonpaying party's debt accrued evenly throughout the period so an equal portion of the qualified services balance shall be applied to each billing installment.

(7) If a claimant receives partial payment for qualified services between the time judgment is entered and the claim is filed, the Division shall calculate payment amounts by accruing costs, attorney fees and interest to the date of the payment then reducing the individual balances of first interest, then costs, then attorney fees, and finally qualified services to a zero balance until the entire payment is applied. The Division shall then make payment of the remaining balances plus additional accrued interest on the remaining qualified services balance.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-204d Depletion of Lien Recovery Funds - Potential Claims -- Provisional Acceptance of Applications

This section establishes procedures to be adopted in the event the Director determines there is no longer adequate money in the fund to pay claimants under Subsection 38-11-203(1)(c) or (2)(b).

(1) The Director shall issue a notice that there is no longer adequate money in the fund to pay claimants. The notice shall remain in effect until the Director issues a notice under Subsection R156-38a-204d(3).

(2) Upon issuance of the notice described in Subsection R156-38a-204d(1), the Division shall:

(a) cease processing applications or making payments under Section 38-11-203;

(b) suspend the application processing procedures described under the following Sections:

(i) R156-38a-105b;

(ii) R156-38a-203;

(iii) R156-38a-204a through R156-38a-204c; and

(iv) Subsections R156-38a-105a(5) through (9).

(i) 38-11-204(4)(d)(i);

(ii) 38-11-204(4)(d)(ii);

(iii) 38-11-204(2)(a);

(iv) 38-11-204(2)(b), (4)(d)(i), (4)(d)(iv), and (5); and

(v) Section 38-11-204.

(3) Upon issuance of a notice from the Director that adequate money to pay claimants has been allocated, the Division shall process applications in the order received under this section after payment of deferred filing fees by the applicant under Subsection R156-38a-202(3) are received.

(4) Provisional acceptance of an application under Subsection R156-38a-204d(2)(c) does not constitute a final determination of a claim on the merits by the Division.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-301a Contractor Registration as a Qualified Beneficiary - All License Classifications Required to Register Unless Specifically Exempted - Exempted Classifications

(1) All license classifications of contractors are determined to be regularly engaged in providing qualified services for purposes of automatic registration as a qualified beneficiary, as set forth in Subsections 38-11-301(1) and (2), with the exception of the following license classifications:

TABLE II

Primary

Classification Subclassification

Number Number Classification

E100 General Engineering Contractor

P202 Boiler Installation Contractor

P204 Industrial Piping Contractor

S262 Gunnite and Pressure Grouting

Contractor

S320 Steel Erection Contractor

S321 Steel Reinforcing Contractor

S322 Metal Building Erection

Contractor

S323 Structural Stud Erection

Contractor

S340 Sheet Metal Contractor

S360 Refrigeration Contractor

S440 Sign Installation Contractor

S441 Non Electrical Outdoor

Advertising Sign Contractor

S450 Mechanical Insulation Contractor

S470 Petroleum System Contractor

S480 Piers and Foundations Contractor

I101 General Engineering Trades

Instructor

I102 General Building Trades

Instructor

I103 General Electrical Trades

Instructor

I104 General Plumbing Trades

Instructor

I105 General Mechanical Trades

Instructor

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-301b Event Necessitating Registration - Name Change by Qualified Beneficiary - Reorganization of Registrant's Business Type - Transferability of Registration

(1) Any change in entity status by a registrant requires registration with the Fund by the new or surviving entity before that entity is a qualified beneficiary.

(2) The following constitute a change of entity status for purposes of Subsection (1):

(a) creation of a new legal entity as a successor or related-party entity of the registrant;

(b) change from one form of legal entity to another by the registrant; or

(c) merger or other similar transaction wherein the existing registrant is acquired by or assumed into another entity and no longer conducts business as its own legal entity.

(3) A qualified beneficiary registrant shall notify the Division in writing of a name change within 30 days of the change becoming effective. The notice shall provide the following:

(a) the registrant's prior name;

(b) the registrant's new name;

(d) proof of registration with the Division of Corporations and Commercial Code as required by state law.

(4) A registration shall not be transferred, lent, borrowed, sold, exchanged for consideration, assigned, or made available for use by any entity other than the registrant for any reason.

(5) A claimant shall not be considered a qualified beneficiary registrant merely by virtue of owning or being owned by an entity that is a qualified beneficiary.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-38a-401 Requirements for a Letter of Credit and/or Evidence of a Cash Deposit as Alternate Security for Mechanics' Lien

To qualify as alternate security under Subsection 38-1a-804(2)(c)(i)(B) "evidence of a cash deposit" must be an account at a federally insured depository institution that is pledged to the protected party and is payable to the protected party upon the occurrence of specified conditions in a written agreement.

History

KEY: licensing, contractors, liens
Date of Last Change: June 25, 2026
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-11-105; 58-1-106(1)(a); 58-1-202(1)(a)

R156-38b State Construction Registry Rule

Utah Admin. Code R156-38b-101 Title

This rule is known as the "State Construction Registry Rule."

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-102 Definitions

In addition to the definitions in Title 38, Chapter 1a, Preconstruction and Construction Liens; Title 38, Chapter 1b, Government Construction Projects; Title 58, Chapter 1, Division of Occupational and Professional Licensing Act; and Rule R156-1, General Rule of the Division of Occupational and Professional Licensing; which shall apply to these rules, as used in the referenced statutes or this rule:

(1) "Alternate means" means transmission by telefax, by U.S. mail, or by private commercial courier.

(2) "Electronic" or "Electronically" means transmission by Internet or by electronic mail and does not mean a transmission by alternate means or process.

(3) "J2EE" means SUN Microsystem's Java 2 Platform, Enterprise Edition, for multi-tier server-oriented enterprise applications.

(4) "Merge" means to link two or more filings together under a unique project number as required by Subsection 38- 1b-201(3)(c).

(5) "Private project" means a construction project, commenced after July 31, 2011, that is not a government project.

(6) "SCR" means the State Construction Registry established in Sections 38-1a-201 through 38-1a-211.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 38-1a-202(3)(a) to administer the SCR.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-201 Duties, Functions, and Responsibilities of the Division

In accordance with Subsection 38-1a-202(3)(a), the duties, functions, and responsibilities of the Division are oversight and enforcement of the Act, and include:

(1) establishing rules to implement the SCR;

(2) providing oversight of the design, operation, and maintenance of the SCR; and

(3) auditing the functionality and integrity of the SCR.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-301 Duties, Functions, and Responsibilities of the Designated Agent

In accordance with Subsections 38-1a-202(2) and (4) through (7), the duties, functions, and responsibilities of the designated agent include:

(1) designing, developing, hosting, operating, and maintaining the SCR;

(2) providing training, marketing, and technical support for the SCR;

(3) performing other duties, functions, and responsibilities provided by statute, rule, or contract; and

(4) obtaining and maintaining insurance coverage as follows:

(a) general liability insurance, which at a minimum shall be the amount established for the designated agent's master contract with the State of Utah; and

(b) errors and omissions insurance as required by Subsection 38-1a-202(5), which may be satisfied by the designated agent's current policy that insures its parent company and all subsidiaries in the amount of $5 Million.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-401 Reliability, Availability and Security Standards

The designated agent shall provide a reliable hosting environment which shall contain the following elements:

(1) Operating Standard. The designated agent shall initially adhere to the J2EE standard and such standard in the future as the Division shall designate in cooperation with the designated agent.

(2) System Upgrades. The designated agent shall notify the Division when the SCR requires an update that may cause significant service interruption. Functional or structural changes that impact the system requirements shall require prior approval from the Division.

(3) Security. The designated agent shall take commercially reasonable steps to provide that the information contained in the SCR is secure and protected from unauthorized entry.

(4) System Backup. The designated agent shall provide adequate backup of the system and its data, including the following:

(a) Redundant Servers. There shall be multiple servers running the SCR and Internet environments, but no more than two sets of servers.

(b) Data Backup Environment. There shall be facilities to continuously back up data contained in the SCR. This backed-up data must be easily retrieved and either viewed or placed back into the SCR if required.

(5) System Recovery. In the event of a system failure, the designated agent shall provide system recovery and re- deployment to meet a standard that will result in restoration into full production within a maximum of three business days which are defined as Mondays through Fridays with legal holidays excluded. In the event of destruction of the designated agent's primary hosting facility, the designated agent shall meet a standard whereby complete service restoration could be implemented within two weeks provided the telecommunications and data center vendor can meet this schedule.

(6) Software Licensing. The designated agent shall maintain valid software licenses for all purchased software used for the SCR.

(7) System Monitoring. The designated agent shall provide continuous monitoring of SCR environment.

(8) System Support. The designated agent shall provide appropriate personnel to continuously maintain the SCR environment.

(9) Continuity of Operations. In the event that, for whatever reason, operation and maintenance of the SCR is transferred to the state or another designated agent, continuity of the SCR shall be maintained in accordance with the governing contractual provisions with the designated agent.

(10) In the event that the Division elects to provide some of the services listed in (1) through (8) above, the designated agent will be relieved of the responsibilities for the services so assumed. Such election by the Division shall be in writing.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-402 User Identification and Password

(1) All users are required to register with the designated agent.

(2) The designated agent shall issue a unique user ID and password to each user who successfully registers to use the SCR.

(3) The information gathered in the registration process shall be maintained in the SCR as the user profile.

(4) The registration process shall include the following information and any other information established by the Division in collaboration with the designated agent:

(a) first and last name of the individual registering; and

(b) email address, if any.

(5) The designated agent shall provide the ability for a user to view and modify the user's profile.

(6) The designated agent shall provide an industry accepted secure method for a user to recover a forgotten user ID or password.

(7) The designated agent shall pre-populate filings with any information available in the user's profile.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-403 Transaction Log

The designated agent shall maintain a transaction log of the SCR that includes a transaction record of completed transactions by registered user.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-501 Required Information for SCR Filing Notices

(1) Electronic notice filings shall be input into the SCR entry screen by the person making the filing but shall not be accepted by the designated agent unless the person complies with the content requirements for the SCR filing.

(2) The designated agent shall verify that data is submitted for each of the content requirements, but it is not responsible for the accuracy, suitability, or coherence of the data.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-502 Merging Notices of Commencement

(1) Checking for Existing Notices. In order to prevent duplicate filings of notices of commencement, the designated agent shall search the SCR for any existing notices of commencement before allowing a user to create a new notice of commencement.

(a) If an existing notice of commencement is identified the following procedures apply:

(i) For an electronic filing:

(A) the designated agent shall indicate that a notice of commencement may have already been filed for the project and display the possible notice or notices of commencement that may match the existing project filing.

(B) The designated agent shall allow the user to review the content of any existing notices to determine whether a notice has already been filed for the project before allowing a new notice to be filed.

(ii) For an alternate means filing, the designated agent shall notify the filer by electronic or alternate means as specified by the filer, that a notice of commencement has already been filed for the particular project and include a copy of the existing notice of commencement.

(b) As part of the process described in Subsection R156-38b-502(1), the SCR search for an existing notice of commencement shall display, for review by the person who submitted the search parameters, all notice of commencement filings that fit the search parameters indicated by the submission that prompted the search.

(c) If no existing notice of commencement is identified for the particular project, the designated agent shall allow the person who submitted the filing to file a new notice of commencement.

(2) Merging of Duplicate Filings. Duplicate filings shall be avoided to the extent possible in accordance with the procedure outlined in this Subsection. The SCR shall include functionality to allow a person who has successfully filed a notice of commencement which duplicates another notice of commencement already in the SCR to merge the notice of commencement with the existing notice of commencement filing.

(a) The affected SCR filings shall reflect the effective date of the merger.

(b) The designated agent shall provide notification of the merger to all persons who are associated with either notice of commencement filing, including those who have filed preliminary notices.

(c) The effective date of a merger reflects the date the unique merger number was cross-referenced to duplicate notice of commencement filings. A merger does not dissolve or affect the filing dates, or the consequences of the filing dates, of the notices being combined.

(3) The person making a notice filing shall be responsible for correctly identifying a project, and for the consequences of failing to correctly identify a project. Neither the Division nor the designated agent shall be responsible for the consequences of a person making a notice of commencement filing that identifies a project in such a way that the designated agent is unable to identify an existing notice of commencement for the project, according to the search criteria established by the Division in collaboration with the designated agent, nor for the designated agent allowing the person to make a successful duplicate notice of commencement filing with a different description of the project.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-503 Alternate Filings

(1) Alternate Means of Filing. The alternate means of filing are those established by Subsection 38-1a-201(1)(e)(ii), including U.S. Mail and telefax. Private commercial courier is established as an additional alternate means of receipt by the designated agent, but not dispatch from the designated agent.

(2) Content Requirements. The content requirements for alternate means filings shall be the same as for electronic filings as set forth for Notices in Title 38, Chapters 1a and 1b or this rule.

(3) Format Requirements. Alternate means filings shall be submitted in a standard format adopted by the Division in collaboration with the designated agent. Filings not submitted in the standard format, in the sole judgment of the designated agent, shall be rejected and dispatched to the submitter. The filing fee shall be retained by the designated agent as a processing fee for rejecting and dispatching the filing. An additional filing fee shall be due upon resubmission.

(4) Methodology.

(a) U.S. Mail. An alternate means filing by U.S. Mail shall be submitted to the designated agent's mailing address by any method of U.S. Mail.

(b) Express Mail. An alternate means filing by commercial private courier shall be submitted to the designated agent's mailing address by any commercially available method of express mail.

(c) Telefax. An alternate means filing by telefax shall be submitted to the designated agent's toll-free unique SCR fax number.

(5) Processing Requirements.

(a) Transaction Receipt. The designated agent shall confirm a successful alternate method filing and fee payment receipt by sending a transaction receipt as specified in Section R156-38b-602.

(b) Creation of Electronic Image. The designated agent shall create and maintain an electronic image of alternate method filings that are accepted into the SCR. Once an electronic image has been created and the accepted alternate method filing has been entered into the SCR, the original version of the accepted alternate method filing may be destroyed. The electronic image shall remain accessible for audit purposes.

(6) Data Entry Standards.

(a) In accordance with Subsection 38-1a-202(6), the designated agent shall meet or exceed the following data entry standards for alternate means filings:

(i) a primary operator shall manually input information filed by alternate means;

(ii) a secondary operator shall independently input the construction project permit number and original contractor name;

(iii) the designated agent shall automatically compare all entries from the primary and secondary operators for consistency;

(iv) following the above procedures, the designated agent shall visually inspect at least 5% of all notices created by alternate means filing; and

(v) these standards are to be met prior to Internet publication.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-504 Dates of Filings

The official filing date of a particular filing shall be determined as follows:

(1) In the case of an electronic filing, it shall be the date the designated agent accepts a filing input by the person making the filing and makes available a payment receipt to the person making the filing.

(2) In the case of an alternate means filing, it shall be the date upon which the designated agent received a filing that was ultimately accepted into the SCR including content requirements and payment.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-505 Status of and Process for Filings Not Accepted by the Designated Agent

(1) A filing that is not accepted by the designated agent shall not be considered to be filed.

(2) The designated agent shall electronically indicate to a person whose electronic filing is not accepted that the filing is not accepted and the reason or reasons why it is not accepted. The designated agent shall allow the person making the electronic filing to attempt to correct any defects, if possible.

(3) The designated agent shall notify a person whose alternate means filing is not accepted that the filing is not accepted and the reason or reasons why it is not accepted. The designated agent shall allow the person making the alternate means filing to correct the defect or defects.

(4) A fee payment received with a filing submitted by alternate means that is not accepted shall be retained by the designated agent as the processing fee for handling the incomplete filing.

(5) For auditing purposes, the designated agent shall maintain a record of all processing fees received with filings submitted by alternate means that are not accepted.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-601 Fee Payment Methods

(1) Pay-as-you-go Account. Payments may be made online by a credit card transaction in the amount established by the Division in collaboration with the designated agent. For alternate means filings, users will have the option of sending in a check or credit card information with their filing.

(2) Monthly Accounts. Payments may be made by a monthly account as specified by the Division in collaboration with the designated agent, as follows:

(a) an account in which the designated agent charges monthly fees to a credit card or bank account designated and authorized by the registered user; or

(b) an account, guaranteed by a credit card, in which the designated agent sends a monthly invoice to be paid by the registered user within 30 days.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-602 Transaction Receipts

(1) In accordance with Subsection 38-1a-201(1)(g), the designated agent shall make available a transaction receipt upon acceptance of a filing into the SCR. The receipt shall indicate:

(a) the amount of any fee payment being processed;

(b) that the filing is accepted by the designated agent;

(d) the content of the accepted filing.

(2) The designated agent shall send a transaction receipt to a person who submits a filing by alternate means that is accepted.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-603 Fee Payment Accounting

The designated agent shall keep accurate records to account for all fee payments, including filing fee payments and registration payments for access to SCR data. The designated agent shall make its accounting records available to the Division upon notification for auditing purposes.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-604 Fee Payment Collection

The designated agent shall conduct or contract for all fee payment collection activities and shall document or require to be documented such activities. The designated agent shall make its collection activity records available to the Division upon notification, for auditing purposes.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-702 Archiving Requirements

(1) In accordance with Subsection 38-1a-202(4)(a), the designated agent shall archive the SCR computer data files semi-annually for auditing purposes.

(2) In accordance with Subsection 38-1a-202(4)(c), filings shall be archived as follows:

(a) one year after the day on which a notice of completion is accepted into the SCR; or

(b) if no notice of completion is filed, two years after the last filing activity for a project.

(3) For purposes of this section, "archive" means to preserve an original or a copy of computer data files and filings separate from the active SCR.

(4) The designated agent shall maintain a transaction log of archived filings and make it available to the Division upon request for auditing purposes.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-703 SCR Record Classification

With the exception of any data that is subclassified as a private record, the SCR shall be classified by the Division under Title 63G, Chapter 2, Government Records Access and Management Act (GRAMA), as a public record series.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-704 Registered User Access to SCR Data

In accordance with Subsection 38-1a-207(5), construction projects in the SCR shall be accessible to an interested person who has registered with the designated agent and has been assigned a unique user ID and password to gain access to the SCR.

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

Utah Admin. Code R156-38b-705 Public Access to SCR Data

Requests for public access to SCR data shall be handled in accordance with Subsection 38-1-27(5).

History

KEY: electronic preliminary lien filing, notice of commencement, preliminary notice, notice of completion
Date of Last Change: May 8, 2017
Notice of Continuation: July 25, 2024
Authorizing, and Implemented or Interpreted Law: 38-1a-101; 38-1b-101

R156-40 Recreational Therapy Practice Act Rule

Utah Admin. Code R156-40-101 Title -- Authority -- Relationship to R156-1

(1) This rule is known as the "Recreational Therapy Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 40, Recreational Therapy Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 40, Recreational Therapy Practice Act. In addition:

(1) "Approved emphasis, option, or concentration in therapeutic recreation or recreational therapy" as used in Subsection 58-40-302(3)(a)(i)(B) means a program that meets NCTRC Certification Standards and is verified by official NCTRC CTRS certification.

(2) "Consultation" as used in Subsection 58-40-601(3)(a)(ii) is further defined in Section R156-40-302f.

(3) "Continuing education" or "CE" means education hours that meet the requirements under Section R156-40-304.

(4) "CTRS" means an individual certified by the NCTRC as a Certified Therapeutic Recreation Specialist.

(5) "Full-time" and "on-site" as used in Subsections 58-40-302(4)(b)(ii) and 58-40-601(3)(a)(i) and (b)(i) means the individual is employed on the premises with the hiring agency for at least 30 hours per week.

(6) "Initial recreational therapy treatment" as used in Subsection R156-40-302f(3) means an order that directs the TRT to:

(a) collect data from patient chart reviews, interviews, and observations as part of an assessment as defined in Subsection 58-40-102(2)(a)(i);

(b) invite the patient to leisure diversionary programs and observe the patient to identify recreation and leisure patterns;

(d) complete recreation therapy admission notes.

(7) "Maintain the ongoing documentation" as used in Subsection 58-40-601(3)(b) means:

(a) documenting the ongoing treatment or intervention provided to a client under the treatment plan; and

(b) reviewing the patient's status under federal, state, and agency regulations.

(8) "MTRS" means an individual licensed as a master therapeutic recreation specialist under Subsection 58-40- 301(2)(a).

(9) "NCTRC" means the National Council for Therapeutic Recreation Certification.

(10) "NCTRC Certification Standards" means the National Council for Therapeutic Recreation Certification's Certification Standards, October 1, 2024 edition, which is incorporated by reference.

(11) "Supervision" as used in Subsections 58-40-601(3)(a)(i) and (b)(i) means the individual licensed as a TRS or MTRS is responsible to ensure that the licensed TRT implements the established treatment plan.

(12) "Temporarily practice recreational therapy only under appropriate supervision" as used in Subsection R156-40- 302g(1)(d) means supervision by a TRS or MTRS supervisor who shall be:

(a) responsible for each recreational therapy intervention performed by the temporary TRS; and

(b) required to review and approve each treatment plan and each modification to the treatment plan as evidenced by the signature of the TRS or MTRS supervisor in the patient's record.

(13) "TRS" means an individual licensed as a therapeutic recreation specialist under Subsection 58-40-301(2)(b).

(14) "TRT" means an individual licensed as a therapeutic recreation technician under Subsection 58-40-301(2)(c).

(15) "Written plan of operation" as used in Subsection 58-40-102(6)(b)(viii) means a comprehensive management plan that outlines recreational therapy services and includes:

(a) a vision and mission statement;

(b) policies and procedures;

(d) a treatment plan, intervention plan, or both;

(e) the scope of care; and

(f) personnel management.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302a Qualifications for Licensure - Education Requirements

Under Section 58-40-302, the educational requirements for licensure include the following:

(1) a MTRS applicant shall complete:

(a) a master's or doctoral degree in recreational therapy; or

(b) a graduate degree with an emphasis in recreational therapy that includes:

(i) at least nine semester hours or 12 quarter hours of graduate level course work in therapeutic recreation or recreational therapy;

(ii) at least 18 semester hours or 24 quarter hours of supportive course work as defined by NCTRC Certification Standards; and

(iii) a practicum that includes recreational therapy field placement experience that:

(A) meets the NCTRC Certification Standards;

(B) is under the supervision of an on-site supervisor who:

(I) is licensed as TRS or MTRS; or

(II) has a license equivalent to a TRS or MTRS from another jurisdiction and holds NCTRC CTRS certification; and

(2) a TRT applicant shall complete:

(a) an educational course as required by Subsection 58-40-302(4)(b)(i) that consists of 90 hours of structured education that meets the following requirements:

(i)(A) is under the instruction and direction of a licensed MTRS; or

(B) if completed out of state, is under the direction of a nationally certified CTRS; and

(ii) includes:

(A) theories and concepts of recreational therapy;

(B) therapeutic recreation as defined in Subsection 58-40-102(5);

(D) medical and psychiatric terminology including psychiatric, pharmacology, gerontology, and abbreviations;

(E) ethics;

(F) role and function of other health and human service professionals including agencies, medical specialists, and allied health professionals;

(G) health and safety; and

(H) a final course examination consisting of at least 100 questions; and

(b) complete a two-hour suicide prevention course as required by Subsection 58-40-302(4)(c) that meets the following requirements:

(i) the course provider shall be approved, sponsored, or conducted by:

(A) a recognized accredited college or university;

(B) a county, state, or federal agency; or

(ii) the content of the course shall be relevant to recreational therapy and include at least one of the following subject areas:

(A) suicide concepts and facts;

(B) suicide risk assessment, crisis intervention, and first aid;

(D) continuity of care and follow-up services for suicide risk; or

(E) therapeutic alliances for intervention in suicide risk;

(iii) each hour of education shall consist of at least 50 minutes of education in one of the following formats:

(A) classroom lecture and discussion;

(B) workshop;

(D) asynchronous online self-paced module;

(E) case study review; or

(F) simulation;

(iv) a course provider shall provide to the attendee a completion certificate that includes the following:

(A) name of the attendee;

(B) title, objective, or official description of the course as outlined in Subsection (2)(b)(ii);

(D) name of provider; and

(E) date of completion; and

(v) an applicant for licensure shall submit the certificate of course completion to the Division as a prerequisite for licensure.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302b Qualifications for Licensure - Experience Requirements

Under Section 58-40-302, the experience requirements for licensure are as follows:

(1) for an MTRS applicant, the 4,000 hours of paid experience required under Subsection 58-40-302(2)(b) shall be gained while working in a paid position practicing recreational therapy as a TRS in Utah or as a CTRS outside of Utah;

(2) for a TRS applicant, the approved practicum required under Subsection 58-40-302(3)(a)(ii) shall be verified by an official degree transcript from a regionally accredited college or university; and

(3) for a TRT applicant, the approved practicum required under Subsection 58-40-302(4)(b) shall include 125 hours of field work experience that is completed:

(a) within a nine-month period;

(b) under the direction of a licensed TRS or MTRS supervisor or consultant; and

(i) at least 20 hours of direct face to face supervision of programming, documentation, and treatment intervention by the TRS or MTRS supervisor or consultant;

(ii) training in recreational therapy or therapeutic recreation as defined in Subsection 58-40-102(5);

(iii) interdisciplinary contact;

(iv) administration contact; and

(v) community relations.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302c Qualifications for Licensure - Examination Requirements

Under Subsections 58-40-302(2)(c) and (3)(a)(iii), an applicant for MTRS or TRS licensure shall pass the NCTRC certification examination as evidenced by a current NCTRC CTRS certification.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302d Time Limitation for TRT applicants

(1) Under Subsection 58-40-302(4), a TRT applicant shall apply for licensure within nine months after completing the practicum required under Subsection R156-40-302b(3).

(2) A TRT applicant who does not complete the education requirement under Subsection R156-40-302a(2) and the practicum requirement under Subsection R156-40-302b(3) within nine months is not eligible to be employed as a TRT in a therapeutic recreation department.

(3) A TRT student who does not seek licensure within two years after completion of the education course shall retake the education and practicum before applying for licensure.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302e Qualifications for Supervision

Under Subsection 58-40-601(3)(a)(i), the MTRS or TRS supervising the TRT is responsible for:

(1) providing "general supervision" as defined by Subsection R156-1-102a(1)(c);

(2) ensuring that recreation therapy services are provided under Title 58, Chapter 40, Recreational Therapy Practice Act;

(3) providing training, clinical guidance, and evaluation; and

(4) demonstrating review and evaluation of ongoing documentation as evidenced by the signature of the MTRS or TRS in the patient's records.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302f Qualifications for Consultation

Under Subsection 58-40-601(3)(a)(ii), the MTRS consultant for a TRT is responsible for:

(1) providing "general supervision" as defined in Subsection R156-1-102a(1)(c);

(2) performing the assessment as described in Subsection 58-40-102(2);

(3) prescribing the "initial recreational therapy treatment" as defined in Subsection R156-40-102(6) that:

(a) outlines the recreation therapy services to be performed by the TRT upon client admission; and

(b) will be superseded by the recreation therapy treatment or intervention plan under Subsection R156-40-102(14)(d);

(4) prescribing, creating, or modifying the treatment or intervention plan to be performed by the TRT as determined by the assessment;

(5) observing, evaluating, and documenting that the recreation therapy services are being conducted according to administrative and governing regulations;

(6) observing, evaluating, and documenting adherence to the standards of practice of the recreational therapy profession; and

(7) demonstrating adherence to and evaluation of ongoing regulatory documentation as evidenced by the signature of the MTRS in the patient's records.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-302g Qualifications for Temporary License as a TRS - Supervision Required

(1) Under Section 58-1-303, an applicant for temporary licensure as a TRS shall:

(a) submit an application for temporary license in the form prescribed by the Division, which includes a verification that the applicant has registered for and been approved to take the next available NCTRC examination;

(b) pay a fee determined by the department under Section 63J-1-504;

(d) temporarily practice recreational therapy only under appropriate supervision by:

(i) a Utah licensed TRS as defined in Subsection R156-40-102(13); or

(ii) a Utah licensed MTRS as defined in Subsection R156-40-102(8).

(2) The temporary license shall be issued for up to 120 days, to allow the applicant to pass the NCTRC examination.

(3) The temporary license may not be renewed or extended.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 40, Recreational Therapy Practice Act, is established by rule in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-304 Continuing Education

(1) Under Section 58-40-304, the continuing education requirement for renewal of an individual licensed under Title 58, Chapter 40, Recreational Therapy Practice Act, during each two-year renewal cycle commencing on June 1 of each odd year, are defined, clarified, and established in this section.

(2) Each licensee shall complete 20 hours of CE including two hours of suicide prevention training that meets the requirements of this section.

(3) CE under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training, and experience to provide recreational therapy CE; and

(4) Credit for CE during each two-year renewal cycle shall be recognized as follows:

(a) unlimited hours for CE completed in blocks of time of at least 50 minutes that:

(i) are completed in one of the following formats:

(A) formally established classroom course;

(B) seminar;

(D) conference; or

(E) training session;

(ii) meet the requirements of Subsection (3); and

(iii) are approved, sponsored, or conducted by:

(A) the Division;

(B) a recognized accredited college or university; or

(C) a professional association, society, or organization that represents a licensed profession whose program objectives relate to the practice of recreational therapy;

(b) up to ten hours may be recognized for teaching a CE course relevant to recreational therapy;

(c) up to 12 hours may be recognized for CE courses completed through one of the following that includes a certificate of completion:

(i) a synchronous distance learning course that is clearly documented as real-time and interactive; or

(ii) an asynchronous distance learning course that is not in real-time or interactive;

(d) up to four hours may be recognized for cardiopulmonary resuscitation (CPR) or first aid certification through a live and in-person course; and

(e) up to six hours may be recognized for the publication of an article in a journal, newsletter, or other professional publication.

(5) The suicide prevention training under Subsection (1) shall be through a course that meets the requirements of Subsection R156-40-302a(2)(b).

(6) CE hours shall be increased or decreased proportionately based on the date of licensure within the two-year renewal cycle.

(7) Under Section R156-1-308d, a licensee may request a waiver or extension of time for a period of up to three years to complete one or more of the CE requirements.

(8) A licensee shall maintain documentation sufficient to prove compliance with this section for a period of two years after the end of the renewal cycle for which the CE is due.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to establish and maintain professional boundaries with a patient or former patient;

(2) exploiting a current patient or former patient for personal gain;

(3) failing as a TRS or MTRS to ensure the student TRT completes the minimum required education and experience before working with patients;

(4) failing as a TRS or MTRS to ensure the student TRT is competent to provide recreational therapy services when signing the education and experience verification form; and

(5) failing to abide by the American Therapeutic Recreation Association's (ATRA) Code of Ethics, November 2009 edition, which is incorporated by reference.

History

KEY: licensing, recreational therapy, recreation therapy, master therapeutic recreation specialist, therapeutic recreation specialist, therapeutic recreation technician
Date of Last Change: July 22, 2025
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-40a Athletic Trainer Licensing Act Rule

Utah Admin. Code R156-40a-101 Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Athletic Trainer Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 40a, Athletic Trainer Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, occupational licensing, athletic trainers
Date of Last Change: July 22, 2026
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40a-102 Definitions

Under Subsection 58-1-203(1)(e), the definition of unprofessional conduct in Title 58, Chapter 1, Division of Professional Licensing Act and Title 58, Chapter 40a, Athletic Trainer Licensing Act is further defined in Section R156-40a-502.

History

KEY: licensing, occupational licensing, athletic trainers
Date of Last Change: July 22, 2026
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40a-302a Qualifications for Licensure

Under Subsection 58-40a-302(1), the "athletic training curriculum requirement" shall be:

(1) the curriculum program standard for accreditation set forth in the Standards and Procedures for Accreditation of Professional Programs in Athletic Training, effective January 2026, published by the Commission on Accreditation of Athletic Training Education (CAATE), which is incorporated by reference; or

(2) a program of education, training, and experience approved by the Board of Certification, Inc. (BOC), or its successor.

History

KEY: licensing, occupational licensing, athletic trainers
Date of Last Change: July 22, 2026
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40a-304 Licensing Term - Renewal and Reinstatement Procedures

(1) Under Subsection 58-1-308(1) and Section 58-40a-304, the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 40a, Athletic Trainer Licensing Act is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308c through R156-1-308l.

(3) Under Subsection 58-1-203(1)(g), during each two-year renewal cycle, a licensee shall maintain:

(a) current and active BOC certification; or

(b) certification by a nationally recognized credentialing agency approved by the Division in collaboration with the Board.

History

KEY: licensing, occupational licensing, athletic trainers
Date of Last Change: July 22, 2026
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-40a-502 Unprofessional Conduct

"Unprofessional conduct" includes violating any provision of the Board of Certification Standards of Professional Practice, implemented January 2024, which is incorporated by reference.

History

KEY: licensing, occupational licensing, athletic trainers
Date of Last Change: July 22, 2026
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-41 Speech-Language Pathology and Audiology Licensing Act Rule

Utah Admin. Code R156-41-101 Title

This rule is known as the "Speech-Language Pathology and Audiology Licensing Act Rule".

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 41, as used in Title 58, Chapters 1 and 41, or this rule:

(1) "Audio electronic equipment" as used in Subsection 58-41-2(3) means equipment proven in use, accepted and standard to the profession, of known quality and function, well maintained, in current calibration and presenting no hazard to the operator or client.

(2) "Clinical externship", as used in Section R156-41-302b, means the same as a clinical fellowship as used in Subsection 58-41-5.5(1)(a)(ii).

(3) "Direct supervision" as used in Subsections 58-41-2(5)(c), 58-41-2(20)(c), and this rule, means supervision as defined in Subsection R156-1-102a(4)(a).

(4) "Evoked potentials evaluation", as used in Subsection 58-41-2(4), includes neurophysiological intraoperative monitoring.

(5) "Legal holder of an AuD in audiology", as used in Subsection 58-41-5(1)(c), means an applicant for temporary licensure as an audiologist who holds a letter from an accredited university or college, verifying the applicant is currently enrolled and has completed all the course work in a program of studies necessary to complete a doctors degree in audiology except for the completion of a clinical externship.

(6) "Professional training" as set forth in Subsection 58-41-12(2) means continuing professional education that meets the standards set forth in Section R156-41-304.

(7) "Substitute supervisor", as used in this rule, means a licensee who is designated by the supervisor to provide limited supervision to an aide. The substitute supervisor shall be licensed in the same discipline in which the aide is functioning.

(8) "Supervision", as used in this rule, means a supervisor-supervisee relationship requiring the supervisor to be responsible for the professional performance by the supervisee. This includes a substitute supervisor-supervisee relationship.

(9) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 41, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-41-502.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 41.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-302a Qualifications for Licensure - Application Requirements

In accordance with Section 58-41-5, ASHA certification as a speech-language pathologist or audiologist is one acceptable method to document that an individual has completed the requirements of Subsections 58-41-5(1)(f) and (4)(e).

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-302b Qualifications for Licensure - Temporary Licensure - Audiology

In accordance with Section 58-41-5.5, the Division may issue a temporary license to an applicant for an audiology license for not more than 12 months to complete a clinical externship required for an AuD under the following conditions:

(1) The licensee shall work under general supervision, as defined in Subsection R156-1-102a(4)(c), of an audiologist licensed in Utah and approved by the Division.

(2) The supervising audiologist shall:

(a) have been licensed for not less than two years;

(b) not have been disciplined for any unprofessional or unlawful conduct within two years of the start of any supervision of a clinical externship program;

(d) not begin the supervision until the applicant holds a temporary license; and

(e) supervise no more than two temporary licensees at any given time.

(3) Any change in the supervising audiologist shall be preapproved by the Division.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-302c Qualifications for Licensure - Temporary Licensure - Speech-Language Pathology

In accordance with Section 58-41-5.5, the Division may issue a temporary license to an applicant for a speech-language pathology license for a period of not more than 12 months to complete a clinical fellowship as required by ASHA under the following conditions:

(1) The licensee shall work under the general supervision, as defined in Subsection R156-1-102a(4)(c), of a speech-language pathologist licensed in Utah and approved by the Division.

(2) The supervision speech-language pathologist shall:

(a) have been licensed for not less than two years;

(b) not have been disciplined for any unprofessional or unlawful conduct within two years of the start of any supervision of a clinical externship program;

(d) not begin the supervision until the applicant holds a temporary license; and

(e) supervise no more than two temporary licensees at any given time.

(3) Any change in the supervising speech-language pathologist shall be preapproved by the Division.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 41, is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308a.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-304 Continuing Professional Education

In accordance with Subsection 58-41-12(2), continuing professional education requirements are established as follows:

(1) During each two year period an individual licensed as a speech-language pathologist, speech-language pathologist/audiologist or audiologist shall be required to complete not less than 20 hours of continuing professional education directly related the licensee's professional practice.

(2) The required number of hours of continuing professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of speech-language pathology, audiology or both;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.

(4) Credit for continuing professional education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences.

(5) A licensee shall be responsible for maintaining competent records of completed continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to continuing professional education to demonstrate it meets the requirements under this section.

(6) A licensee who documents he is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) using an educational title conferred by an organization or institution that is not a regionally accredited college or university;

(2) engaging in sexual intercourse or other sexual contact with a client or patient;

(3) exercising undue influence in a manner as to exploit the client, patient, or supervisee for financial or other personal advantage to the practitioner or a third party;

(4) using or training audiology or speech-language pathology aides as defined in Subsections 58-41-2(5) and (20) and inappropriately failing to follow the standards set forth in Section R156-41-601;

(5) failing to comply with the American Speech-Language Hearing Association's (ASHA) Code of Ethics, March 1, 2010 edition, which is hereby incorporated by reference;

(6) supervising more than two audiology or speech-language pathology temporary licensees at one time;

(7) failing as an audiologist supervisor to comply with any of the requirements of Subsection R156-41-302b(2); and

(8) failing as a speech-language pathologist supervisor to comply with any of the requirements of Subsection R156-41- 302c(2).

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-601 Speech-Language Pathology and Audiology Aides

(1) In accordance with Subsections 58-41-2(5) and (20), an individual licensed to engage in practice as a speech-language pathologist or audiologist may employ as an aide an individual who has graduated from an accredited high school or obtained a certificate of equivalency approved by the Division.

(2) A licensee supervising an aide shall be responsible for the direct supervision of an aide.

(3) A licensee supervising an aide must have a current written utilization plan outlining the specific manner in which the aide will be employed and the manner in which the aide will be supervised.

(4) A licensee shall be permitted to supervise not more than three aides at any one time.

(5) An aide shall not engage in the following:

(a) preparing diagnostic statements or clinical management plans, strategies or procedures;

(b) communicating obtained observations or results to anyone other than the aide's supervising speech-language pathologist or audiologist;

(d) independently composing or signing clinical reports; except an aide may enter progress notes into the patient's file reflecting the results of the aide's assigned duties;

(e) independently diagnosing, treating, discharging of patient, or advising of patient disposition; and

(f) referral of a patient to other professionals or agencies.

(6) Upon the request of the Division, a licensee who employs an aide must provide documentation that the aide has met the qualifications as listed in Subsection (1), and that the aide is functioning under a utilizati on plan.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

Utah Admin. Code R156-41-602 Form of Written Informed Consent

(1) In accordance with Section 58-41-17, a speech-language pathologist or audiologist licensed under this chapter who offers to sell a hearing aid to a consumer shall include the patient's informed consent in substantially the following form.

TABLE

ACKNOWLEDGEMENT OF INFORMED C ONSENT

As a consumer of a hearing aid, you a re required to be informed

of certain information as pro vided in Section 58-41-17 of t he

Utah Code.

I (the consumer) have been informed reg arding hearing aids

that work with assistive listening sys tems that are compliant

with the ADA Standards for Accessibl e Design adopted by the

United States Department of Jus tice in accordance with the

Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.

I (the consumer) have been provided wit h a written receipt

or a written contract that provid es the consumer with a 30-day

right to cancel the purchase and t o obtain a refund if the

consumer returns the hearing a id to the seller in the same

condition as when purchased, exclud ing ordinary wear and tear.

I hereby acknowledge being inform ed of the above and consent

to the receive the hearing aid.

Patient's Signature and Date

Patient's Authorized Represent ative Signature and Date

Relationship to Patient

(2) A patient's informed consent form shall meet the following requirements:

(a) The 30-day written receipt or contract shall be written in at least 12-point font.

(b) The 30-day right to cancel shall commence from the date the hearing aid is originally delivered to the consumer or the date the written receipt or contract is delivered to the consumer, whichever is later.

(c) The 30-day period shall be tolled for any period during which the hearing aid seller, dealer, or fitter has possession or control of the hearing aid after its original deliver.

(d) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of the hearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by the seller in order to return the hearing aid to the manufacturer, provided that the written receipt or contract states the exact amount that will be retained by the seller as a cancellation fee.

History

KEY: licensing, speech-language pathology, audiology
Date of Last Change: November 10, 2015
Notice of Continuation: August 21, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1

R156-42a Occupational Therapy Practice Act Rule

Utah Admin. Code R156-42a-101 Title

(1) This rule is known as the "Occupational Therapy Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 42a, Occupational Therapy Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing, and Title 58, Chapter 42a, Occupational Therapy Practice Act. In addition:

(1) "AOTA" means the American Occupational Therapy Association.

(2) "Client" or "patient" means an individual who lawfully receives professional services by a licensed occupational therapist or a licensed occupational therapist assistant.

(3) "Manual therapy" as used in Subsections 58-42a-102(6)(b)(vii)(L) and R156-42a-502(2) means the use of skilled hand movements to manipulate tissues of the body for a therapeutic purpose.

(4) "NBCOT" means the National Board for Certification in Occupational Therapy or a predecessor organization.

(5) "Physical agent modalities" as used in Subsections 58-42a-102(6)(b)(vii)(L) and R156-42a-502(2) means specialized treatment procedures that includes:

(a) superficial thermal agents;

(b) deep thermal agents;

(d) mechanical devices.

(6) "Qualified continuing professional education" or "CE" as used in Subsection 58-42a-303.5(1) means continuing education that meets the standards set forth in Section R156-42a-304.

(7) "Wound care" as used in Subsections 58-42a-102(6)(b)(vii)(L), R156-42a-502(2), and R156-42a-601(2) means:

(a) the prevention of interruptions in skin and tissue integrity; and

(b) the care and management of interruptions in skin and tissue integrity.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-302 Qualifications for Licensure - Examination Requirements

(1) Under Subsection 58-42a-302(1), an applicant for occupational therapist licensure shall pass the Occupational Therapist Registered (OTR) certification examination from the NBCOT or a predecessor organization.

(2) Under Subsection 58-42a-302(2), an applicant for occupational therapy assistant licensure shall pass the Certified Occupational Therapy Assistant (COTA) certification examination from the NBCOT or a predecessor organization.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-303 Expiration, Renewal, and Reinstatement of License

(1) Under Subsections 58-1-308(1) and 58-42b-303(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 42a, Occupational Therapy Practice Act, is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308a through R156-1-308l, except as provided in Subsection (3).

(3) Under Subsection 58-1-308(5)(a)(ii)(B) and except as in Subsections 58-1-308(6)(b) and (7), an applicant whose licensure was active and in good standing when it expired may apply for reinstatement of licensure between two years and five years after the date of expiration if the applicant meets the following practice re-entry requirements:

(a) the applicant shall:

(i) submit an application demonstrating compliance with each requirement and condition of license renewal;

(ii) pay all license renewal and reinstatement fees for the current renewal period; and

(iii) submit evidence of completion of qualified continuing professional education for each renewal period during which the license was expired;

(b) if not previously completed, the applicant shall submit to and pass a criminal background check under Section 58- 1-301.5; and

(i) meet with the Board to evaluate the applicant's:

(A) qualifications for licensure; and

(B) ability to safely and competently practice occupational therapy; and

(ii) comply with each additional licensure requirement or condition considered necessary by the Division in collaboration with the Board to protect the public and ensure that the applicant is currently competent to engage in the profession.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-304 Qualified Continuing Professional Education

(1) Under Subsections 58-1-203(1)(g), 58-1-308(3)(b)(i), and 58-42a-303.5(1), the qualified continuing professional education requirements for occupational therapists and occupational therapist assistants during each two-year renewal cycle are defined, clarified, and established in this section.

(2) During each two-year renewal cycle or before reinstatement of licensure, a licensee shall:

(i) complete at least two hours of qualified continuing professional education in legal and ethical principles; and

(ii)(A) complete at least 24 hours of qualified continuing professional education; or

(B) maintain current and active NBCOT certification.

(3) A qualified continuing professional education course shall meet the following requirements:

(a) have learning objectives that are clearly stated in course material that are directly related to the practice of occupational therapy;

(b) be relevant to the practice of occupational therapy;

(d) be presented in a competent, well-organized, and sequential manner consistent with the stated learning objectives of the course;

(e) be approved, conducted, or sponsored by:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or facility involved in the practice of occupational therapy; or

(iv) a commercial continuing education provider;

(f) be completed in blocks of time of at least 50 minutes;

(g) be completed in one of the following formats:

(i) college or university lecture and discussion;

(ii) professional conference;

(iii) seminar;

(iv) training session;

(v) synchronous distance learning course that is clearly documented as real-time and interactive;

(vi) asynchronous distance learning course that is not real-time or interactive;

(vii) authoring a scholarly peer-reviewed journal article, book, or book chapter;

(viii) volunteer service on a board, committee, or in a leadership role in any state, national, or international organization for the development and improvement of occupational therapy; or

(ix) studying a scholarly peer-reviewed journal article; and

(h) is verified as follows:

(i) a certificate of course completion that includes:

(A) the name of the attendee;

(B) the name of course provider;

(D) the date of the course;

(E) the title of the course;

(F) the number of course hours;

(G) the course objectives; and

(H) the format listed under Subsection (3)(g); or

(ii) if the qualified continuing professional education course is self-directed including independent study or authoring a journal article documentation that includes:

(A) the date of study or research;

(B) the title and an abstract of the article, textbook chapter, or platform presentation;

(D) number of contact hours of continuing education credit.

(4) A course on the legal and ethical principles of practice shall meet the requirements of Subsection (3) and cover at least one of the following topics:

(a) the patient-occupational therapist relationship;

(b) confidentiality;

(d) charging and coding;

(e) compliance with state or federal laws that impact the practice of occupational therapy; or

(f) a topic listed in the AOTA 2020 Occupational Therapy Code of Ethics.

(5) Credit for qualified continuing professional education shall be recognized and awarded as follows:

(a) a licensee who lectures or instructs a course on occupational therapy at an accredited university or college, a qualified continuing education course, or as an invited guest lecturer, may be awarded qualified continuing professional education credit subject to the following:

(i) one hour of qualified continuing professional education credit awarded for each one hour of lecturing or instruction;

(ii) up to ten hours of credit for an occupational therapist or an occupational therapist assistant;

(iii) credit for lecturing or instructing the same course may be given up to two times during each two-year renewal cycle; and

(iv) the licensee obtains a certificate or record from the qualified continuing professional education sponsor or equivalent that verifies the licensee lectured or instructed the course;

(b) a licensee participating in a fellowship, residency, or specialty certification may be awarded two qualified continuing professional education hours for each one hour of participation;

(c) providing volunteer health care treatment in occupational therapy that meets the requirements of Subsection 58-13- 3(8); or

(d) up to five hours of qualified continuing professional education for a clinical instructor who supervises at least one occupational therapist student or occupational therapy assistant student.

(6) Qualified continuing professional education hours shall be increased or decreased proportionately based on the applicant's date of licensure within the two-year renewal cycle.

(7) A licensee shall maintain adequate documentation sufficient to prove compliance with this section for at least two years after the end of the renewal cycle for which the qualified continuing professional education is due.

(8) Under Section R156-1-308d, the Division may defer or waive qualified continuing professional education requirements.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-307 Trigger Point Dry Needling - Education and Experience Required - Registration

(1) Under Subsection 58-42b-307(1)(b)(i), for a trigger point dry needling course to be approved by the Division, the course shall be approved, conducted, or sponsored by one of the following :

(a) a recognized accredited college or university;

(b) a state or federal agency;

(d) the Board.

(2) Under Subsections 58-42a-307(1)(e) and (2)(b), an occupational therapist shall complete an approved trigger point dry needling course and required supervised patient treatment hours under Subsection 58-42a-307(1)(b)(ii)(B) within three calendar years from the date the course started.

(3) Under Subsections 58-42a-307(1)(c) and (e), an occupational therapist who completes the trigger point dry needling course shall register with the Division by submitting:

(a) a completion certificate for the course that is issued by the organization that approved, conducted, or sponsored the course under Subsection (1); and

(b)(i) a log verifying completion of the occupational therapist's supervised patient treatment hours under Subsection 58-42a-307(1)(b)(ii)(B); or

(ii) a letter from the supervising occupational therapist that:

(A) states that the supervised occupational therapist completed the supervised patient treatment hours required under Subsection 58-42a-307(1)(b)(ii)(B);

(B) is on the letterhead of the supervising occupational therapist's organization; and

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-502 Unprofessional Conduct

Under Section 58-42a-502, "unprofessional conduct" includes:

(1) delegating occupational therapy services, care, or responsibilities that are not authorized to be delegated under Title 58, Chapter 42a, Occupational Therapy Practice Act, or this rule;

(2) engaging in or attempting to engage in the use of physical agent modalities, wound care, or manual therapy:

(a) outside the licensee's scope of practice; or

(b) if the licensee is not competent to engage in these services by education, training, or experience;

(3) failing as a supervising occupational therapist to provide the appropriate level of supervision under Title 58, Chapter 42a, Occupational Therapy Practice Act, and this rule;

(4) failing as a supervising occupational therapist to cosign the discharge documentation for an occupational therapist assistant's client within 30 days under Subsections 58-42a-306(2) and R156-42a-601(1); or

(5) violating a provision of the AOTA 2020 Occupational Therapy Code of Ethics as adopted by the AOTA's Representative Assembly on November 4, 2020, which is incorporated by reference.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

Utah Admin. Code R156-42a-601 Practice Standards

(1) An occupational therapist assistant may discharge a client from on-going service if:

(a) the occupational therapist assistant has consulted with the supervising occupational therapist;

(b) there is no evaluation component associated with the client's discharge from service; and

(2) Under Subsection 58-42a-102(6)(b)(vii)(L), an occupational therapist engaging in the care and management of interruptions in skin and tissue integrity shall complete formal specialized wound care training or certification that includes didactic and clinical components.

History

KEY: licensing, occupational therapy, occupational therapist, occupational therapist assistant
Date of Last Change: December 23, 2025
Notice of Continuation: September 25, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-42a-101

R156-44a Nurse Midwife Practice Act Rule

Utah Admin. Code R156-44a-101 Title -- Authority -- Relationship to Rule R156-1

(1) This rule is known as the "Nurse Midwife Practice Act Rule."

(2) This rule is adopted by the Division of Professional Licensing (Division) under Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 44a, Nurse Midwife Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-102 Definitions

The following rule definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 44a, Nurse Midwife Practice Act:

(1) "ACME" means the Accreditation Commission for Midwifery Education.

(2) "AMCB" means the American Midwifery Certification Board.

(3) "Approved certified nurse midwifery education program" means an educational program accredited by the AMCB, affiliated with the American College of Nurse-Midwives (ACNM).

(4) "CNM" means a certified nurse midwife.

(5) "Delegate" is defined in Subsection R156-31b-102(14).

(6) "Delegatee" is defined in Subsection R156-31b-102(15).

(7) "Delegator" is defined in Subsection R156-31b-102(16).

(8) "Direct supervision" as used in Subsection 58-44a-305(1)(d) means that the supervisor is available on the premises where the supervisee or consultee is engaged in practice.

(9) "Generally recognized scope and standards of nurse midwifery" in Subsection 58-44a-102(9)(b) means the following scope and standards of practice published by the American College of Nurse-Midwives, which are incorporated by reference:

(a) Core Competencies for Basic Midwifery Practice, March 2020;

(b) Standards for the Practice of Midwifery, 2022; and

(10) "Unlicensed assistive personnel" as defined in Subsection 58-44a-102(11), is further defined in Subsection R156-31b-102(38).

(11) "Unprofessional conduct" is further defined in Sections R156-1-501 and R156-44a-502.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-302 Qualifications for Licensure - Examination Requirements

Under Subsection 58-44a-302(1)(e), the examination required for licensure is the CNM examination administered by the AMCB.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-303 License Renewal - Procedures

(1) Under Subsections 58-1-308(1) and 58-44a-303(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 44a, Nurse Midwife Practice Act is in Subsection R156-1-308a(1).

(2) Renewal procedures shall be under Sections R156-1-308b through R156-1-308l.

(3) Each applicant for licensure renewal shall hold current CNM certification from the AMCB.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-305 Inactive Licensure

(1) A licensee may apply for inactive licensure status in accordance with Sections 58-1-305 and R156-1-305.

(2) To reactivate a license that has been inactive for five years or less, the licensee shall document current compliance with the continuing competency requirements in Subsection R156-44a-303(3).

(3) To reactivate a license that has been inactive for more than five years, the licensee shall document one of the following:

(a) active licensure in another state or jurisdiction;

(b) completion of a refresher program approved by the American College of Nurse-Midwives; or

(c) a passing score on the required examination under Section R156-44a-302, within six months before submitting the application to reactivate the license.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-402 Administrative Penalties

Under Subsections 58-44a-102(1), 58-44a-402(1), and 58-44a-503(3), unless otherwise ordered by the presiding officer, the following fine schedule shall apply:

TABLE

Fine Schedule

VIOLATION

FIRST OFFENSE

SUBSEQUENT OFFENSE

58-44a-501(1)

$ 2,000 - $ 5,000

$ 5,000 - $ 10,000

58-44a-501(2)

$ 100 - $ 500

$ 200 - $ 1,000

58-44a-501(3)

$ 100 - $ 500

$ 200 - $ 1,000

58-44a-501(4)

$ 100 - $ 500

$ 200 - $ 1,000

58-44a-502(1)

$ 100 - $ 500

$ 200 - $ 1,000

58-44a-502(2)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-44a-502(3)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-44a-502(4)

$ 100 - $ 500

$ 200 - $ 1,000

58-44a-502(5)

$ 200 - $ 1,000

$ 500 - $ 2,000

58-44a-502(6)

Double the original penalty amount, up to $10,000

58-44a-502(7)

$ 500 - $ 1,000

58-44a-502(8)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-44a-502(9)(a)

$ 500 - $ 1,000

$ 500 - $ 2,000

58-44a-502(9)(b)

$ 500 - $ 1,000

$ 500 - $ 2,000

58-44a-502(10)(a)

$ 500 - $ 1,000

$ 500 - $ 2,000

58-44a-502(10)(b)

$ 500 - $ 1,000

$ 500 - $ 2,000

58-1-501(1)(a)(i)

$ 500 - $ 2,000

$ 500 - $ 10,000

58-1-501(1)(a)(ii)

$ 500 - $ 2,000

$ 500 - $ 10,000

58-1-501(1)(b)(i)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(1)(b)(ii)

$ 500 - $ 2,000

$ 500 - $ 10,000

58-1-501(1)(c)

$ 500 - $ 1,000

$ 1,000 - $ 5,000

58-1-501(1)(d)

$ 500 - $ 1,000

$ 1,000 - $ 5,000

58-1-501(1)(e)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(1)(f)(i)(A)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(1)(f)(i)(B)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(1)(g)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(i)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(ii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(iii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(iv)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(v)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(vi)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(vii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(viii)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(ix)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(x)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(xi)

$ 100 - $ 500

$ 200 - $ 1,000

58-1-501(2)(a)(xii)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(xiii)(A)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(xiii)(B)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(xiv)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(xv)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

58-1-501(2)(a)(xvi)

$ 500 - $ 2,000

$ 2,000 - $ 10,000

R156-44a-502(1)

$ 100 - $ 500

$ 200 - $ 1,000

R156-44a-502(2)

$ 250

$ 500 - $ 1,000

Ongoing offense

$ 1,000 per day but not less than the

second offense.

Any other conduct which constitutes unprofessional or unlawful conduct:

$ 100 - $ 500

$ 200 - $ 1,000

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) the failure to abide by any one or more of the generally recognized scope and standards of nurse midwifery established under Subsections 58-44a-102(9) and R156-44a-102(9); and

(2) the failure to comply with Section 58-37-19, regarding discussion with a patient or the patient's parent or guardian before issuing an initial opiate prescription.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-601 Delegation of Nursing Tasks

Under Subsections 58-44a-102(9) and (11), the standards and requirements for the delegation of nursing tasks by a certified nurse midwife are in Section R156-31b-701a.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

Utah Admin. Code R156-44a-609 Standards for Out-of-State Programs Providing Certified Nurse Midwife Clinical Experiences in Utah

(1) To qualify its students for the exemption in Subsection 58-1-307(1)(b), a nurse midwifery education program in another state that uses Utah health care facilities for one or more student clinical experiences with certified nurse midwives, shall, before placing a student, submit a written request for approval as a recognized school to the Board of Nursing and Certified Nurse Midwives, and demonstrate to the satisfaction of the Board that the program:

(a) has been approved, if required, by the regulatory body responsible for certified nurse midwives in the program's home state;

(b) holds current accreditation from the ACME;

(d) is affiliated with an institution of higher education; and

(e) has established criteria for selection and supervision of:

(i) onsite preceptors; and

(ii) the clinical activities.

(2) After approval by the Board of Nursing and Certified Nurse Midwives, the nurse midwifery program shall:

(a) reapply for Board review and approval when the program's ACME accreditation is reaffirmed; and

(b) notify the Board in writing of any change in its accreditation status.

History

KEY: licensing, midwifery, certified nurse midwife
Date of Last Change: December 24, 2024
Notice of Continuation: August 8, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101; 58-1-307.1

R156-46a Hearing Instrument Specialist Licensing Act Rule

Utah Admin. Code R156-46a-101 Title - Authority - Organization

(1) This rule is known as the "Hearing Instrument Specialist Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-102 Definitions

In addition to the definitions in Title 58, Chapter 1, Division of Professional Licensing, and Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, under Subsection 58-1-203(1)(e) "unprofessional conduct" is further defined in Section R156-46a-502a. R156-46a-302. Qualifications for Licensure - Examination Requirements.

(1) Under Subsections 58-46a-302(1)(d) and 58-46a-302(2)(c), the minimum score required to pass the Utah Law and Rules Examination for hearing instrument specialists and hearing instrument interns is 75%.

(2) If an individual's license as a hearing instrument intern expires before the individual becomes licensed as a hearing instrument specialist, the individual shall retake and pass the Utah Law and Rules Examination before the individual may reapply for licensure as a hearing instrument intern.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-302 5. Internship Supervision Requirements

(1) Under Subsection 58-46a-302(2)(d) and Section 58-46a-302.5, the supervision requirements for practice as a hearing instrument intern are established in this section.

(2) A supervising hearing instrument specialist shall:

(a) begin supervising a hearing instrument intern only after:

(i) the hearing instrument intern is licensed as a hearing instrument intern; and

(ii) the supervisor is approved by the Division under Subsection 58-46a-102(6)(c);

(b) supervise no more than one hearing instrument intern on direct supervision;

(d) notify the Division within ten working days if an internship program is terminated.

(3) To practice under indirect supervision as allowed by Subsection 58-46a-302.5(2), the hearing instrument intern shall:

(a) under Subsection 58-46a-302.5(2)(a), have received a passing score on each section of the International Hearing Society (IHS) Practical Examination for Hearing Instrument Interns, subject to the following:

(i) if the hearing instrument intern receives a failing score on one or more exam sections, the intern may retake that section or those sections within 60 days; and

(ii) if the hearing instrument intern does not pass each failed section within the 60-day period, the hearing instrument intern shall retake the entire exam; and

(b) under Subsection 58-46a-302.5(2)(b), have successfully completed the International Hearing Society (IHS) distance Learning for Professionals in Hearing Health Sciences Course.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1 308l.

(3) Under Subsection 58-46a-303(2)(b), a hearing instrument intern may be renewed for a term of three years if the hearing instrument intern presents evidence satisfactory to the Division and board that:

(a) the licensee is on a course reasonably expected to lead to licensure, such as making reasonable progress toward passing the qualifying examination and completing required hours of supervision; and

(b) a circumstance of hardship arose beyond the licensee's control to prevent the completion of the licensure process.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-304 Continuing Education

(1) Under Section 58-46a-304, a hearing instrument specialist shall complete continuing education requirements under this section for renewal of licensure.

(2) A hearing instrument specialist shall complete at least 16 hours of continuing education during each two-year renewal cycle.

(3) Continuing education courses shall be in one or more of the following topics:

(a) acoustics;

(b) nature of the ear such as normal ear, hearing process, disorders of hearing;

(d) hearing aid technology;

(e) selection of hearing aids;

(f) marketing and customer relations;

(g) client counseling;

(h) ethical practice;

(i) state laws and regulations regarding the dispensing of hearing aids; and

(j) other topics approved by the Division.

(4) Continuing education courses shall be approved by:

(a) the American Speech-Language-Hearing Association (ASHA);

(b) the American Academy of Audiology (AAA); or

(5) A licensee may fulfill continuing education requirements by maintaining current National Board for Certification in Hearing Instrument Sciences (NBC-HIS) board certification.

(6) A licensee shall maintain documentation showing compliance with the requirements of this section, such as copies of transcripts or certificates of completion or of board certification, for two years from the end of the renewal period for which the continuing education is due.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-502a Unprofessional Conduct

"Unprofessional conduct" includes:

(1) violating a state or federal law applicable to persons practicing as a hearing instrument specialist or hearing instrument intern;

(2) failing to perform the minimum components of an evaluation for a hearing aid in Section R156-46a-502b;

(3) dispensing a hearing aid without:

(a) the patient having received a medical evaluation as required by Subsection 58-46-502(5) within the six-month period before the purchase of the hearing aid; or

(b) a document signed by the purchaser being a fully informed adult waiving the medical evaluation in accordance with Food and Drug Administration (FDA) required disclosures in CFR Title 21, Section 801.422, except a person under the age of 18 years may not waive the medical evaluation;

(4) engaging in unprofessional conduct specified in Subsection 58-1-501(2)(a)(viii), including:

(a) quoting prices of competitive hearing instruments or devices without disclosing that they are not the current prices;

(b) showing, demonstrating, or representing competitive models as being current when they are not; or

(c) using stalling tactics, excuses, arguing or attempting to dissuade the consumer, to prevent or delay the consumer from exercising the 30-day right to cancel a hearing aid purchase pursuant to Subsection 58-46a-503(1); and

(5) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Code of Ethics of the International Hearing Society, adopted March 2009, which is incorporated by reference.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-502b Minimum Components of an Evaluation for a Hearing Aid and Dispensing of a Hearing Aid

(1) Under Subsection 58-46a-102(5), the minimum components of a hearing aid examination include:

(a) air conduction tests at frequencies of 250, 500, 1,000, 2,000, and 4,000 hertz;

(b) appropriate masking if the air conduction threshold at any one frequency differs from the bone conduction threshold of the contralateral or non-test ear by 40 decibels at the same frequency;

(d) speech audiometry by live voice or recorded voice, including speech discrimination testing, most comfortable loudness (MCL) measurements, and uncomfortable levels of loudness (UCL) measurements; and

(e) recording and interpretation of audiograms and speech audiometry and other appropriate tests for the sole purpose of determining proper selection and adaptation of a hearing aid.

(2) Only if the procedures in Subsection (1)(a) are clearly impractical, may the licensee select the best instrument to compensate for the loss by trial of one or more instruments.

(3) Tests performed by a physician specializing in diseases of the ear, a clinical audiologist, or another licensed hearing instrument specialist shall be accepted if they were performed within six months before the dispensing of the hearing aid.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-502c Calibration of Technical Instruments

The requirement in Subsection 58-46a-303(1)(b)(ii) for calibration of each appropriate technical instruments used in practice is defined as follows:

(1) each audiometer used in the fitting of hearing aids shall be calibrated when necessary, but not less than annually;

(2) the calibration shall include to ANSI standards calibration of frequency accuracy, acoustic output, attenuator linearity, and harmonic distortion; and

(3) calibration shall be accomplished by the manufacturer, or a properly trained person, or an institution of higher learning equipped with proper instruments for calibration of an audiometer.

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

Utah Admin. Code R156-46a-502d Form of Written Informed Consent

Under Subsection 58-46a-502(4)(c), an agreement to provide hearing instrument specialist goods and services shall include the patient's informed consent in substantially the following form.

TABLE

ACKNOWLEDGEMENT OF INFORMED CONSENT

As a consumer of hearing instrument specialist goods or

services, you are required to be informed of certain

information as provided in Utah Code Sections 58-46a-502

and 58-46a-503.

The list of goods and services to be provided to you

include the following: (add additional lines as required)

Services: Charge:

Goods (circle as applicable: new, used, reconditioned): Charge:

These goods (circle as applicable: are, are not) covered by a

warranty or guarantee. Additional information about any

warranty or guarantee is attached.

The licensees providing these goods and services are:

(add additional lines as required)

hearing instrument specialist:

name: license number:

hearing instrument intern

name: license number:

The expected results of the goods and services are:
If the goods to be provided include a hearing instrument:

(a) Additional information is attached about hearing

instruments that work with assisted listening systems that are

compliant with ADA Standards for Accessible Design adopted by

the United States Department of Justice in accordance with the

American with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.

(b) You have the right to receive a written receipt or

written contract, which includes notice to you that you have a

30-day right to cancel the purchase and obtain a refund if you

find the hearing aid does not function adequately for you.

(i) The 30-day right to cancel shall start from either

the date the hearing aid is originally delivered to you or the

date the written receipt or contract is delivered to you,

whichever is later. The 30-day period shall be tolled for any

period during which the hearing aid seller, dealer, or fitter

has possession or control of the hearing aid after its

original delivery.

(ii) Upon exercise of the 30-day right to cancel a hearing

aid purchase, the seller of the hearing aid is entitled to a

cancellation fee not to exceed 15% of all fees charged to the

consumer, including testing, fitting, counseling, and the

purchase price of the hearing aid. The exact amount of the

cancellation fee shall be stated in the written receipt or

contract provided to the consumer.

If the goods and services provided do not substantially

enhance your hearing as stated in the expected results, you

are entitled to:

(a) necessary intervention to produce satisfactory recovery

results consistent with the representations made above at no

additional cost; or

(b) refund of the fees you paid for the hearing instrument

within a reasonable period after finding that the

hearing instrument does not substantially enhance your hearing.

I hereby acknowledge being informed of the above and consent

to receive the goods and services.

Patient's Signature and Date

History

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern
Date of Last Change: December 11, 2023
Notice of Continuation: October 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304

R156-46b Division Utah Administrative Procedures Act Rule

Utah Admin. Code R156-46b-101 Title -- Authority - Purpose

(1) This rule is known as the "Division Utah Administrative Procedures Act Rule."

(2) This rule is adopted by the Division under the authority of Title 63G, Chapter 4, Administrative Procedures Act, and Subsections 58-1-106(1)(a) and 58-1-108(1).

(3) The purposes of this rule include:

(a) designating categories of Division adjudicative proceedings;

(b) identifying presiding officers at Division adjudicative proceedings; and

(c) defining procedures for Division adjudicative proceedings that are consistent with Title 58, Occupations and Professions, Title 63G, General Government, and Rule R151-4, Department of Commerce Administrative Procedures Act Rule.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-102 Definitions

(1) Terms in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Rule R156-1, General Rule of the Division of Professional Licensing.

(2) In addition to the definitions in Subsection (1), "license" or "licensure" means any right or privilege to engage in the practice of a regulated profession or occupation under Title 58, Occupations and Professions, and includes a license, certificate, certification, registration, permit, classification, student card, apprenticeship, or apprentice card authorized under Title 58, Occupations and Professions.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-201 Informal Adjudicative Proceedings

(1) Under Section 63G-4-202, the following adjudicative proceedings commenced by other than a notice of agency action are designated as informal adjudicative proceedings:

(a) the approval or denial of an application for:

(i) initial licensure;

(ii) renewal or reinstatement of licensure;

(iii) relicensure;

(iv) inactive or emeritus licensure status;

(v) a tax credit certificate by a psychiatrist, psychiatric mental health nurse practitioner, or volunteer retired psychiatrist under Section 58-1-111; or

(vi) criminal history determination under Section 58-1-310;

(b) a favorable or unfavorable determination, based on an application for criminal history determination under Section 58-1-310;

(c) the approval or denial of a claim against the Residence Lien Recovery Fund created under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;

(d) payment of an approved claim against the Residence Lien Recovery Fund under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;

(e) the approval or denial of a request:

(i) to surrender a license;

(ii) for modification of a disciplinary order;

(iii) for correction of procedural or clerical mistakes; or

(iv) for correction of other than procedural or clerical mistakes;

(f) any matter relating to Title 58, Chapter 4a, Utah Professionals Health Program, including:

(i) approval or denial of a request for entry into and participation in the Utah Professionals Health Program under Title 58, Chapter 4a, Utah Professionals Health Program;

(ii) a matter relating to a program contract or diversion agreement, including approval or denial of a request for modification of a program contract or diversion agreement; or

(iii) determination of a licensee's successful completion of the Utah Professionals Health Program;

(g) a citation hearing held in accordance with citation authority under Title 58, Occupations and Professions;

(h) a declaratory order determining the applicability of statute, rule, or order to specified circumstances, when determined by the director to be conducted as an informal adjudicative proceeding; or

(i) any matter relating to an order governing a license, including disciplinary sanctions imposed in a stipulation or memorandum of understanding with a license applicant.

(2) Under Section 63G-4-202, the following adjudicative proceedings commenced by a notice of agency action are designated as informal adjudicative proceedings:

(a) nondisciplinary proceedings that result in cancellation of licensure as defined in Subsection R156-1-102(3);

(b) disciplinary proceedings against:

(i) a contractor, plumber, electrician, or alarm company licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act;

(ii) a controlled substance licensee under Subsection 58-37-6(4)(d) or (g);

(iii) a contract security company or armored car company licensed under Title 58, Chapter 63, Security Personnel Licensing Act, for unprofessional conduct under Subsection 58-63-502(1) or (2); or

(iv) a health care services platform registered under Title 58, Chapter 90, Health Care Services Platforms;

(c) disciplinary proceedings commenced by a notice of agency action and order to show cause for violating an order governing a license, including under Subsection 58-1-501(2)(a)(xv);

(d) disciplinary proceedings in which the allegations of misconduct are limited to violating one or more of:

(i) Subsection 58-1-501(2)(a)(iii), (iv), (viii), or (xii);

(ii) Subsection R156-1-501(1), (2), (3), (4), (5), (7), or (9); or

(iii) Subsection 58-1-308(4)(b), concerning completion of or compliance with renewal requirements;

(e) proceedings under Title 58, Chapter 4a, Utah Professionals Health Program, including under Section 58-4a-107; or

(f) the immediate or automatic suspension or revocation of a license in accordance with Title 58, Occupations and Professions, including under Subsection 58-1-301.5(8), 58-47b-503(8), or 58-47b-503.1(6), unless simultaneous adjudicative proceedings are conducted formally.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-202 Procedures for Adjudicative Proceedings

(1) Under Section 63G-4-203, the presiding officers for Division adjudicative proceedings are defined at Subsection 63G-4-103(1)(h) and established by Sections 58-1-109 and R156-1-109.

(2)(a) The procedures for formal Division adjudicative proceedings are in Sections 63G-4-204 through 63G-4-209, Rule R151-4, Department of Commerce Administrative Procedures Act Rule, and this rule.

(b) The procedures for informal Division adjudicative proceedings are in Sections 63G-4-202, 63G-4-203, and 63G-4- 209, Rule R151-4, Department of Commerce Administrative Procedures Act Rule, and this rule.

(3)(a) Under Section 63G-4-202 and Subsection R151-4-205(2), a notice of agency action commencing an informal adjudicative proceeding may require the respondent to file a written response.

(b) Under Subsection R151-4-205(3), unless a different date is established by law or rule or in the notice of agency action, a respondent shall file a required written response within 30 days after the mailing date of the notice of agency action.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-203 Hearings in Informal Adjudicative Proceedings

(1) Under Section 63G-4-203, a hearing is not required for Division informal adjudicative proceedings unless:

(a) required by statute or rule; or

(b) permitted by rule and requested by a party within the time prescribed by rule.

(2) Under Subsection 63G-4-203(1)(b) and Section R151-4-702, unless otherwise provided by statute or rule, a request for an evidentiary hearing to which a person is permitted or entitled by statute or is permitted by rule shall be received by the Division in writing no later than:

(a) the time period for filing a response to the notice of agency action, if a response is required or permitted;

(b) twenty days following the issuance of the notice of agency action, if a response is not required or permitted;

(d) for a request for a citation hearing, within 20 days from the service of the citation; or

(e) for a request for a postrevocation hearing under Subsection 58-1-301.5(8), within the time period in Subsection R156-46b-203(2)(a) for filing a response to the notice to the person that the license or registration is immediately and automatically revoked.

(3) An evidentiary hearing is permitted for an informal adjudicative proceeding under Subsection R156-46b-202(1)(g), citation hearings.

(4) An evidentiary hearing is required for an informal adjudicative proceeding under Subsections 58-4a-107(2)(b) and R156-46b-201(2)(e) to determine whether the Division should terminate a licensee's Utah Professionals Health Program program contract or diversion agreement.

(5)(a) Unless otherwise agreed by the parties, an evidentiary hearing may not be held in an informal adjudicative proceeding unless timely notice of the hearing has been served upon the parties as required by Subsection 63G-4-203(1)(d).

(b) Unless otherwise provided by statute or rule, timely notice means service of a notice of hearing upon the parties at least ten days before the scheduled evidentiary hearing.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-204 Orders in Informal Adjudicative Proceedings

(1) The issuance of a license or approval of related requests in response to a request for agency action is sufficient to satisfy Subsection 63G-4-203(1)(i).

(2)(a) The issuance of a letter denying a license or related requests is sufficient to satisfy Subsection 63G-4-203(1)(i).

(b) The letter shall explain the reasons for the denial and any rights of the parties to seek agency review or judicial review, including the relevant time limits.

(3) Unless otherwise specified by the director, the fact finder who serves as the presiding officer at an evidentiary hearing convened in Division informal adjudicative proceedings shall issue a final order.

(4) An order issued in an informal adjudicative proceeding in which an evidentiary hearing is convened shall comply with the requirements of Subsection 63G-4-208(1) instead of Subsection 63G-4-203(1)(i).

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-301 Review of Suspension Without Notice -- Adjudicative Proceedings

Unless otherwise provided by statute or rule:

(1)(a) If the Division suspends a license or registration without notice under Subsection 58-47b-503(8) or 58-47b- 503.1(6), the Division shall file a notice of agency action for an informal adjudicative proceeding and cause the notice of agency action to be served upon the affected licensed individual or registered massage establishment, with:

(i) notice of the suspension and an order to immediately cease and desist any practice under Title 58, Chapter 47b, Massage Therapy Practice Act; and

(ii) notice of hearing on the sole issue of whether the suspension should be affirmed, set aside, or modified based upon the standards in Section 58-47b-503 or 58-47b-503.1, as applicable.

(b) The Division shall hold the hearing within 15 days after the suspension, unless the Division and the respondent agree in writing to conduct the hearing at a later date.

(2)(a) A Department administrative law judge shall act as the presiding officer at the hearing under this section.

(b) The presiding officer shall conduct the hearing in conformity with the procedures of Section 63G-4-206.

(c) The Division has the burden of proof to establish, by a preponderance of the evidence, that the requirements of Subsection 58-47b-503(8) or 58-47b-503.1(6) have been met.

(3)(a) Within 15 days after the day the hearing to consider the suspension concludes, the presiding officer shall issue an order in accordance with Section 63G-4-208.

(b) The order of the presiding officer is subject to agency review.

(4) If the order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the Division shall commence a formal adjudicative proceeding within 120 days in accordance with Title 58, Occupations and Professions.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

Utah Admin. Code R156-46b-401 Informal Agency Advice

(1) The Division may issue an informal guidance letter in response to a request for advice unless the request specifically seeks a declaratory order.

(2) The informal guidance letter shall notify the subject of the letter that:

(a) the letter is only an informal guidance letter, and is not a formal declaratory order; and

(b) provide the citation that governs declaratory orders.

History

KEY: administrative procedures, government hearings, occupational licensing, professional licensing
Date of Last Change: March 24, 2026
Notice of Continuation: October 22, 2025
Authorizing, and Implemented or Interpreted Law: 63G-4-102(6); 58-1-106(1)(a)

R156-47b Massage Therapy Practice Act Rule

Utah Admin. Code R156-47b-101 Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Massage Therapy Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 47b, Massage Therapy Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 47b, Massage Therapy Practice Act. In addition:

(1) "Accrediting agency" means an organization, association, or commission recognized by the United States Department of Education as a reliable authority in assessing the quality of education or training provided by a school or institution.

(2) "Acute" injury under Subsection 58-47b-102(13)(g) means a sudden onset injury including a sprain, strain, or contusion.

(3) "Clinic" means performing on the public, in a supervised student setting, the techniques and skills learned under the curriculum of a registered school.

(4) "Display prominently" means to make visible in at least the entryway reception area of a registered massage establishment.

(5) "Direct supervision" means the same as that term is defined in Section R156-1-102a.

(6) "Disrobe" means removing one's clothes to the point of undress.

(7) "Distance learning" means the acquisition of theory-based knowledge and non hands-on skills through information and education that is:

(a) provided without the teacher being physically present with the student, massage apprentice, or massage assistant- in-training; and

(b) using various technologies to facilitate communication such as internet and audio or visual recordings.

(8) "FSMTB" means the Federation of State Massage Therapy Boards.

(9)(a) "Fully clothed" as used in Subsection 58-47b-501.1(4)(a) means the licensee is wearing opaque outer garments that cover at least the genitals, pubic area, buttocks, and breasts.

(b) "Fully clothed" as used in Subsection 58-47b-501.1(4)(a) does not include wearing one of the following as an outer garment:

(i) lingerie;

(ii) a bikini or similar; or

(iii) swimwear, unless:

(A) it is specific to the modality including aquatic therapy; and

(B) it meets the requirements of Subsection (9)(a).

(10) "Hands-on instruction" means instruction in a massage school, massage apprentice curriculum, or massage assistant-in-training curriculum when:

(a) the instructor and trainee are both physically present in the same room at the same time; and

(b) the trainee participates in direct experience with application of the education or training.

(11) "Indirect supervision" means the same as that term is defined in Section R156-1-102a.

(12) "Intake form" as used in Subsection 58-47b-306(1) means a form that meets the requirements of Section R156- 47b-306.

(13) "Lymphatic massage" means a method using light pressure applied by the hands to the skin in specific maneuvers to promote drainage of lymphatic fluid from the tissue.

(14) "Manipulation" as used in Subsection 58-47b-102(2)(a) means contact with movement that involves touching the clothed or unclothed body.

(15) "Massage client services" means practicing on the public the techniques and skills being learned as a massage apprentice or massage assistant in-training, while under the supervision of a massage therapy supervisor.

(16) "Massage safety permit educational module" means the educational module described in Subsections 58-47b- 302(5)(d) and (7)(f) that meets the requirements of Section R156-47b-302h.

(17) "MBLEx" means the FSMTB Massage and Bodywork Licensing Exam.

(18) "Operating hours" as used in Subsection R156-47b-601(4) means any time the massage establishment is in use.

(19) "Recognized school" means a massage school located in another state, district, or territory of the United States, whose students upon graduation are recognized by that jurisdiction as having completed the educational requirements for licensure in that jurisdiction.

(20) "Registered school" means a massage school with a curriculum that is registered with an accrediting agency or with the Utah Department of Commerce, Division of Consumer Protection, in accordance with Subsection R156-47b-302(1).

(21) "Subacute injury" as used in Subsection 58-47b-102(13)(g) and Section R156-47b-306 means an injury that:

(a) happened less than eight weeks ago and is beyond an acute injury stage, but the tissue becomes sensitive to pain when there is tissue resistance; and

(b) is managed uniquely compared to more chronic or persistent issues.

(22) "Unprofessional conduct" is further defined, in accordance with Subsection 58-1-203(1)(e) and Sections 58-47b- 502 and 58-47b-502.1, in Sections R156-47b-502 and R156-47b-502.1.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-202 Massage Therapy Education Peer Committee

(1) Under Subsection 58-1-203(1)(f), the Division in collaboration with the Board establishes the Massage Therapy Education Peer Committee consisting of:

(a) four licensed massage therapists who have experience:

(i) as an instructor in massage therapy at a registered school;

(ii) in curriculum development; or

(iii) as a massage apprentice supervisor; and

(b) one individual who previously served as a member of the Board as a licensed massage therapist.

(2) The Board may recommend an individual qualified under Subsection (1) for appointment to the Massage Therapy Education Peer Committee if the number of committee applicants exceeds the number of open seats on the committee.

(3) The Massage Therapy Education Peer Committee shall:

(a) advise the Board regarding massage therapy educational issues;

(b) recommend to the Board standards for massage school curricula, apprenticeship curricula, massage assistant in- training curricula, and animal massage training; and

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302 Qualifications for Licensure as a Massage Therapist - Massage School Curriculum Standards

(1) Under Subsection 58-47b-302(4)(a)(i)(A), an applicant shall graduate from a massage school with a curriculum that meets the requirements of this section when the applicant graduated.

(2) The massage school's curriculum shall be:

(a) registered with:

(i) the Division of Consumer Protection of the Utah Department of Commerce; or

(ii) an accrediting agency;

(b) from a recognized school as defined in Subsection R156-47b-102(19); or

(3) The massage school's curriculum shall include at least 600 hours covering the following:

TABLE 1

Area

Hours

Anatomy, physiology, and kinesiology

125 hours

Pathology

40 hours

Massage theory, massage techniques including the five basic Swedish massage strokes, and hands-on instruction

285 hours

Professional standards, ethics, and business practices

35 hours

Sanitation and universal precautions including CPR and first aid

15 hours

Clinic

100 hours

Other related massage subjects as approved by the Division in collaboration with the Board

No specific hour requirement

(4) The Division, in collaboration with the Board, may consider supplemental coursework of an applicant who has completed the minimum 600 curricula hours, but has incidental deficiencies in one or more of the categories in Subsection R156- 47b-302(3).

(5) An applicant may not accumulate more than 80 curricula hours within any two week period.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302a Qualifications for Licensure as a Massage Therapist - Equivalent Education and Training

(1) Under Subsections 58-47b-302(4)(a) and 58-47b-302(7)(d), an applicant shall demonstrate equivalent education and training by submitting documentation of:

(a) a massage therapist license issued by another state, district, or territory of the United States or by a jurisdiction outside of the United States that meets the requirements for licensure by endorsement in Section 58-1-302; or

(b) for an applicant for licensure by endorsement under Subsection 58-1-302(3)(b) with education and training in a jurisdiction outside of the United States, a credential evaluation satisfactory to the Division from an evaluation service that is a current member of the National Association of Credential Evaluation Services (NACES).

(2) Under Subsection 58-47b-302(4), an applicant for licensure as a massage therapist may not:

(a) satisfy any of the required minimum 600 hours of school instruction under Subsection 58-47b-302(4)(a)(i) and Section R156-47b-302 by using:

(i) hours of supervised training as a massage apprentice under Subsection 58-47b-302(4)(a)(iii) and Section R156-47b- 302c; or

(ii) hours of education and training as a massage assistant in-training under Subsection 58-47b-302(2)(b)(i) and Section R156-47b-302d; or

(b) satisfy any of the required minimum 1,000 hours of supervised training as a massage apprentice under Subsection 58-47b-302(4)(a)(iii) and Section R156-47b-302c by using:

(i) hours of school instruction under Subsection 58-47b-302(4)(a) and Section R156-47b-302;

(ii) hours of school instruction under Subsection 58-47b-302(2)(a)(i) or (ii); or

(iii) hours of supervised education and training obtained while licensed as a massage assistant in-training under Subsection 58-47b-302(2)(b)(i) or (ii).

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302b Massage Apprenticeship Program Standards

(1) Under Subsections 58-47b-302(3), (4)(a)(iii), and (7)(e), the standards for a massage apprenticeship program are established in this section.

(2)(a) An applicant for a massage apprentice license shall submit with their application for Division review and approval under Section R156-47b-302f:

(i) the first name, last name, and license number of the applicant's proposed massage therapy supervisor;

(ii) an outline of the Division-approved massage apprenticeship curriculum and the resources the applicant will use; and

(iii) a written approval from the owner of the approved massage apprentice curriculum verifying that the applicant may use the curriculum.

(b) An applicant may begin a massage apprenticeship with the proposed massage therapy supervisor after:

(i) the Division has licensed the applicant as a massage apprentice; and

(ii) unless otherwise approved by the Division in collaboration with the Board, each of the massage therapy supervisor's previous massage apprentices have passed the MBLEx.

(3) The massage apprentice shall follow the submitted massage apprenticeship curriculum and use the resource materials.

(4) The massage therapy supervisor shall train the massage apprentice in the following areas:

TABLE 2

Area

Hours Required

Anatomy, physiology, and kinesiology

125 hours

Pathology

40 hours

Massage theory

50 hours

Massage techniques including the five basic Swedish massage strokes

120 hours

Massage client services

300 hours

Hands-on instruction

310 hours

Professional standards, ethics, and business practices

40 hours

Sanitation and universal precautions including CPR and first aid

15 hours

(5) Training hours accumulated without a massage apprentice license may not be counted unless approved by the Division in collaboration with the Board.

(6) The list of massage apprenticeship programs approved by the Division in collaboration with the Board are listed on the Division's website at https://dopl.utah.gov/massage-therapy.

(7) Under Subsection 58-47b-302(3), a massage apprentice shall perform massage client services under at least the indirect supervision, as defined in Subsection R156-1-102a(1), of a massage therapy supervisor.

(8) If a massage apprentice fails the MBLEx three times and requests to retake the exam:

(a) the massage apprentice shall:

(i) submit to the Board a written statement outlining the massage apprentice's:

(A) core barriers to successful completion of the exam;

(B) plan for overcoming the core barriers, with goals in a specific, measurable, achievable, relevant, and time-bound (SMART) format; and

(ii) appear before the Board and develop with the Board a plan of study in the appropriate subject matter; and

(iii) complete the plan of study to the satisfaction of the Board; and

(b) the Division in collaboration with the Board shall review the massage apprentice's application to determine whether to provide approval for the massage apprentice to retake the exam.

(9) A licensed or formerly licensed massage apprentice who has failed the MBLEx may not use their supervised training as a massage apprentice to apply for a massage assistant license unless the applicant has received prior approval from the Division in collaboration with the Board.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302c Qualifications for Licensure as a Massage Assistant - Massage School Education and Training Standards

(1) Under Subsections 58-47b-302(2)(a)(i) and (ii) and (7)(c), an applicant shall graduate from a massage school with a curriculum that meets the requirements of this section when the applicant graduated.

(2) The massage school's curriculum shall be:

(a) registered with:

(i) the Division of Consumer Protection of the Utah Department of Commerce; or

(ii) an accrediting agency;

(b) from a recognized school as defined in Subsection R156-47b-102(19); or

(3) The massage school's curriculum shall include at least 300 hours covering the following:

TABLE 3

Area

Hours

Anatomy, physiology, and kinesiology

62.5 hours

Pathology

20 hours

Massage theory, massage techniques including the five basic Swedish massage strokes, and hands-on instruction

142.5 hours

Professional standards, ethics, and business practices

17.5 hours

Sanitation and universal precautions including CPR and first aid

7.5 hours

Clinic

50 hours

Other related massage subjects as approved by the Division in collaboration with the Board

No specific hour requirement

(4) The Division, in collaboration with the Board, may consider supplemental coursework of an applicant who has completed the minimum 300 curricula hours, but has incidental deficiencies in one or more of the categories in Subsection R156- 47b-302c(3).

(5) An applicant may not accumulate more than 80 curriculum hours within any two week period.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302d Qualifications for Licensure as a Massage Assistant - Massage Assistant-In-Training Application and Education and Training Standards

(1) Under Subsections 58-47b-302(1), 58-47b-302(2)(b)(i), and 58-47b-302(7)(b), the standards for a massage assistant in-training education and training program are established in this section.

(2)(a) An applicant for a massage assistant-in-training license shall submit:

(i) the first name, last name, and license number of the applicant's proposed massage therapy supervisor to the Division for approval under Section R156-47b-302f;

(ii) an outline of the Division-approved massage assistant-in-training curriculum program and resources the applicant will use; and

(iii) a written approval from the owner of the approved massage assistant-in-training curriculum verifying that the applicant may use the curriculum.

(b) An applicant may begin their massage assistant-in-training program with the massage therapy supervisor after:

(i) the Division has licensed the applicant as a massage assistant-in-training; and

(ii) unless otherwise approved by the Division in collaboration with the Board, each of the massage therapy supervisor's previous massage assistants-in-training have passed the Utah Massage Assistant Theory, Law, and Rule Exam.

(c) The massage assistant-in-training shall follow the submitted curriculum content outline and use the resource materials.

(3) Under Subsection 58-47b-302(2)(b)(i), a massage assistant in-training shall complete at least 300 hours of education and training as follows:

(a) under Subsection 58-47b-302(2)(b)(i)(A), at least 150 hours of education under the direct supervision of the massage therapy supervisor that meets the following requirements:

TABLE 4

Area

Hours

Anatomy, physiology, and kinesiology

40 hours

Pathology

20 hours

Massage theory

10 hours

Massage techniques including the five basic Swedish massage strokes

40 hours

Hands-on instruction

30 hours

Professional standards, ethics, and business practices

5 hours

Sanitation and universal precautions including CPR and first aid

5 hours

(b) under Subsection 58-47b-302(2)(b)(i)(B), at least 150 hours of education and training:

(i) performing massage client services within the scope of limited massage therapy;

(ii) under at least the indirect supervision of the massage therapy supervisor as defined in Subsection R156-1- 102a(1)(b); and

(iii) following the massage therapy supervisor's written or verbal instructions for each client.

(4) If a massage assistant in-training fails the Utah Massage Assistant Theory, Law, and Rule Exam three times and requests to retake the exam:

(a) the massage assistant-in-training shall:

(i) submit to the Board a written statement outlining the massage assistant-in-training's:

(A) core barriers to successful completion of the exam;

(B) plan for overcoming the core barriers, with goals in a specific, measurable, achievable, relevant, and time-bound (SMART) format; and

(ii) appear before the Board and develop with the Board a plan of study in appropriate subject matter; and

(iii) complete the plan of study to the satisfaction of the Board; and

(b) the Division in collaboration with the Board shall review the massage assistant-in-training's application to determine whether to provide approval for the massage assistant-in-training to retake the exam.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302e Massage Assistant Practice Standards

(1) Under Subsection 58-47b-102(9) and Section 58-47b-301, the practice standards for a massage assistant are established in this section.

(2) Under Subsection 58-47b-301(5)(a)(ii), a massage assistant:

(a) may preform limited massage therapy as defined in Subsection 58-47b-102(7); and

(b) may not perform massage therapy as defined in Subsection 58-47b-102(13).

(3) Under Subsection 58-47b-301(5)(a)(i), a massage assistant performing limited massage therapy under supervision, shall be supervised by only one massage therapy supervisor at a time. The massage assistant may have different massage therapy supervisors at different times.

(4) Under Subsection 58-47b-301(5)(a)(ii), the 300 hours of indirect supervision may include hours performed as supervised massage client services under Subsection 58-47b-302(2)(a)(i) and Section R156-47b-302c, or Subsections 58-47b- 302(2)(b)(i) and R156-47b-302d(3)(b).

(5) A massage assistant shall make the massage assistant's employment records available to the Division upon request, such as payroll records, independent contractor and 1099 records, supervision records, work contracts, and work history records showing dates, times and locations of practice.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302f Massage Therapy Supervisor Standards

(1) Under Subsections 58-47b-102(14) and 58-47b-301(6), the supervisor standards for a massage therapy supervisor are established in this section.

(2) A massage therapist may not serve as a massage therapy supervisor if, within the five years immediately preceding the submission of the proposed supervisee's application for licensure:

(a) a license held by the massage therapist, in any regulated profession and in any jurisdiction, is under investigation or has been disciplined for unlawful or unprofessional conduct, or has been surrendered as described in Subsection R156-1-501(1); or

(b) unless otherwise approved by the Division in collaboration with the Board, three or more of the massage therapy supervisor's supervisees have taken and not passed a required exam.

(3) Unless otherwise approved by the Division in collaboration with the Board, a massage therapy supervisor:

(a) shall serve as the sole supervisor for the supervisee;

(b) may not allow another massage therapist to supervise the supervisee;

(d) shall ensure the supervisee is properly licensed; and

(e) may not allow a supervisee to accumulate hours without being properly licensed.

(4) A massage therapy supervisor for:

(a) a massage apprentice shall display a conspicuous sign near the apprentice's workstation stating "Massage apprentice";

(b) a massage assistant-in-training shall display a conspicuous sign near the massage assistant-in-training's workstation stating "Massage assistant-in-training"; and

(c) a massage assistant shall display a conspicuous sign near the massage assistant's workstation stating "Massage assistant".

(5) A massage therapy supervisor shall:

(a) follow the curriculum content outline and use the resource materials that have been submitted to and approved by the Division for that supervisee;

(b) advise, direct, and instruct the supervised licensee in education, training, and behavior that follows the generally accepted and recognized standards and ethics of the massage therapy profession, including those in the Utah Code of Ethics and Standards of Practice, October 2025 edition, which is incorporated by reference;

(i) the number of hours of education and training completed; and

(ii) the number of hours of massage client services performed;

(d) make the supervisee's education, training, and employment records available to the Division upon request;

(e) verify the completion of the supervisee's education and training on a form available from the Division;

(f) if the supervisor-supervisee relationship is terminated, notify the Division within ten working days on a Notice of Disassociation form available from the Division at https://dopl.utah.gov/massage-therapy/; and

(g) ensure that the supervisee performs massage client services only on the public and performs the other hands-on instruction or practice on a massage assistant-in-training, massage assistant, massage apprentice, massage therapist, or the massage therapy supervisor.

(6) If a supervisee fails a required exam three times the massage therapy supervisor shall:

(a) appear before the Board to explain why the supervisee has not passed the exam; and

(b) provide to the Board a plan of study in the appropriate subject matter to address deficiencies in the supervisee's education and training to pass the exam.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302g Qualifications for Licensure - Exam Requirements

(1) Under Subsections 58-1-309, 58-47b-302(4)(b), and (7)(a), an applicant for licensure as a massage therapist shall pass:

(a) the MBLEx or a predecessor exam, if the exam was passed during the time the exam was accepted by the Division; and

(b) the Utah Massage Therapy Law and Rule Exam.

(2) Under Subsections 58-1-309 and 58-47b-302(2)(a)(iii), (2)(b)(iii), (2)(c)(ii), and (7)(a), an applicant for licensure as a massage assistant shall pass the Utah Massage Assistant Theory, Law, and Rule Exam.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302h Massage Safety Permit Educational Module - Training on Topics

The topics described in Table 5 in this section:

(1) are the required subject matter for the massage safety permit educational module under Subsections 58-47b- 302(5)(d) and (7)(f); and

(2) are the topics on which an applicant shall complete training in accordance with Subsections 58-47b-302(2)(a)(ii), (2)(b)(ii), and (4)(a)(i)(B), (ii)(B), and (iii)(B).

TABLE 5

Topic

Subtopics

Hours Required

Universal standard precautions

Client and therapist safety; legal and ethical responsibilities; sanitation; insurance; communication

2 hours

Taking a medical history and intake

Identifying basic contraindications; pathology; presenting conditions and primary concerns; known allergies, sensitivities, and conditions; systems review; record retention

4 hours

Practicing physical boundaries and professional boundaries

Proper draping techniques; respect for personal space; inappropriate touch; consent and informed consent; appropriate client-therapist relationship; personal disclosure; avoiding a dual relationship, romantic or sexual advance, giving or receiving a gift; out-of-office contact

4 hours

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302 2a. Qualifications for Registration as a Massage Establishment -- Application

(1) Under Subsection 58-47b-302.2(2)(c)(iii), an applicant for registration as a massage establishment shall include with the application a signed attestation by the owner that the massage establishment's physical facilities comply with the requirements of Section R156-47b-302.2b when the application is submitted.

(2) Under Subsection 58-47b-302.2(2), upon request by the Division an applicant for registration as a massage establishment shall assist the Division to confirm the accuracy or completeness of any information and documentation in the registration application and to verify compliance with Title 58, Chapter 47b, Massage Therapy Practice Act, which assistance may include:

(a) providing to the Division accurate and complete records of massage establishment ownership and operations, including advertising, employment and work history, payroll, supervision agreements, or documentation showing ownership or right to possession of the premises;

(b) providing to the Division any of the information described in Section R156-47b-302.2c; or

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302 2b. Qualifications for Registration as a Massage Establishment - Facility Requirements

(1) Under Subsection 58-47b-302.2(2)(c)(iii), the facility requirements for a massage establishment are established in this section.

(2) A massage establishment shall:

(a) under Subsection 58-47b-502.1(2), follow applicable state and local health and sanitation codes and requirements, including under Title 26B, Chapter 7, Public Health and Prevention;

(b) provide each client with a private space to disrobe as necessary;

(c) provide a private space for each client to receive massage services, except if the client has consented in writing to receiving massage services in a nonprivate setting, such as for couples massage and event work; and

(d) display prominently the Division resources and information required under Subsections 58-47b-306.1(1)(c) and (3)(b), by posting in the entryway reception area and in each restroom of the massage establishment the Division's Massage Disclosure form, available on the Division's website, which describes:

(i) methods for reporting complaints to the Division, including by phone and through the Division's online complaint form at https://dopl.utah.gov/file-a-complaint;

(ii) a client's right to request the licensee's first name and last initial and license type;

(iii) methods for contacting local law enforcement about concerns;

(iv) resources for identifying and reporting suspected human trafficking; and

(v) resources available to potential victims of human trafficking.

(3) A massage establishment may not:

(a) place or allow a camera or other recording device in a practice room, restroom, or other location where an individual disrobes;

(b) place or allow a camera or other recording device in a location where an individual receives massage services, unless:

(i) the recording is solely for an educational or marketing purpose; and

(ii) the individual has given signed consent to the recording in a form separate from the intake form; or

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-302 2c. Qualifications for Registration as a Massage Establishment - Maintenance of Registration - Verification of Compliance with Massage Therapy Practice Act

(1) Under Subsections 58-47b-301.1(5), 58-47b-502.1(1), 58-47b-601(4) and (5), or Section 58-47b-302.2, a massage establishment shall maintain, and provide to the Division upon request, an accurate record of current employees and contracted personnel that includes:

(a) first and last name;

(b) license classification, if any;

(d) license expiration date, if any; and

(e) recent color photograph of the individual's face.

(2) Under Subsection 58-47b-301.1(5), a massage establishment shall maintain, and provide to the Division upon request, accurate documentation of the massage establishment's current employment agreements or contract relationships.

(3) Under Sections 58-47b-401.1 and 58-47b-504, Subsections 58-47b-301.1(6), (7), or (8), 58-47b-302.2(2), (3), or (5), or 58-47b-601(4) or (5), a massage establishment shall maintain, and provide to the Division upon request, an accurate record of the massage establishment's ownership and organizational structure, including:

(a) percentages of ownership, including as the beneficiary of a trust;

(b) the lines of authority, including any contractual or actual delegations of management or responsibility for the massage establishment; and

(c) the identity of each individual for whom a background check is required under Subsection 58-47b-302.2(3), together with the information for that individual under Subsection 58-47b-302.2(2)(e).

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-303 Renewal Cycle - Procedures - Individuals

(1) Under Subsections 58-47b-303(1) and 58-1-308(1)(a), the renewal date for the two-year renewal cycle for a massage therapist or a massage assistant under Title 58, Chapter 47b, Massage Therapy Practice Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308e.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-303 1. Renewal Cycle - Procedures - Massage Establishment

(1) Under Section 58-47b-303.1 and Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle for a massage establishment's registration under Title 58, Chapter 47b, Massage Therapy Practice Act is established in Section R156- 1-308a and is the same as the renewal cycle for a massage therapist or massage assistant under Subsection R156-47b-303(1).

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308e.

(3) Under Subsection 58-47b-301.1(6), a massage establishment's registration expires immediately upon the transfer or assignment, or attempted transfer or assignment, of the registration.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-304 Exemptions from Licensure - Individuals

Under Subsection 58-47b-304(1)(o)(i), the industry organizations that are recognized by the Division are listed on the Division's website at https://dopl.utah.gov/massage-therapy.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-306 Client Intake Form Requirements

(1)(a) Under Subsection 58-47b-306(1)(b), a licensee shall require that each client complete a client intake form before the first session; and

(b) before each new session, a licensee shall review the most recently completed intake form with the client and confirm all information is current.

(2) Under Subsection 58-47b-306(1)(b), a licensee's intake form shall include at least the following:

(a) the name of the massage establishment or the sole practitioner;

(b) the date of the session;

(i) first and last names;

(ii) birth year;

(iii) contact information; and

(iv) emergency contact;

(d) if the client is seeking a massage for a specific health issue;

(e) the client's health history including:

(i) each major medical issue;

(ii) each allergy;

(iii) a current acute injury as defined in Subsection R156-47b-102(2);

(iv) a current subacute injury as defined in Subsection R156-47b-102(21); and

(v) if the client is currently under the treatment of a physician;

(f) the client's right to:

(i) disrobe in privacy and to the client's comfort level;

(ii) ask questions;

(iii) identify areas of the body the client would like the licensee to avoid;

(iv) modify the treatment;

(v) stop treatment; and

(vi) be properly draped;

(g) policies regarding:

(i) cancellation; and

(ii) no show; and

(h) signed consent to treatment.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-502 Unprofessional Conduct - Individuals

Under Section 58-47b-502, "unprofessional conduct" for an individual licensed under Section 58-47b-302 includes:

(1) engaging in any lewd, indecent, obscene, or unlawful behavior while practicing as:

(a) a massage therapist;

(b) a massage therapy supervisor;

(d) a massage assistant; or

(e) a massage assistant-in-training;

(2) as a massage apprentice, practicing without the required level of supervision under Subsection 58-47b-302(3) and Section R156-47b-302b;

(3) as a massage assistant:

(a) practicing without the required indirect supervision under Subsection 58-47b-301(5)(a)(ii) and Section R156-47b- 302e; or

(b) failing to provide employment records to the Division upon request, including under Subsection R156-47b- 302e(5);

(4) as a massage assistant in-training, practicing without direct or indirect supervision under Subsection 58-47b-302(1) and Section R156-47b-302d;

(5) as a massage therapy supervisor:

(a) failing to provide or document the required education and training under Title 58, Chapter 47b, Massage Therapy Practice Act or Rule R156-47b;

(b) failing to provide employment records to the Division upon request, including under Subsection R156-47b- 302f(5)(d);

(c) allowing another individual to also supervise the supervised individual under Section 58-47b-302 in violation of Section R156-47b-302f;

(d) advising, directing, or instructing the supervised licensee in any education or training or behavior that violates the generally accepted and recognized standards and ethics of the massage therapy supervisor's licensed profession under Title 58, Occupations and Professions, including those in the Utah Code of Ethics and Standards of Practice, October 2025 edition, which is incorporated by reference;

(e) supervising more than six individuals or more than four massage apprentices or massage assistants-in-training in violation of Subsection 58-47b-301(6); or

(f) allowing a massage apprentice to accumulate hours toward an apprenticeship in violation of Subsection R156-47b- 302f(3)(e);

(6) supervising a massage apprentice, massage assistant, or massage assistant-in-training:

(a) when not qualified under Subsection 58-47b-102(14) or Section R156-47b-302f;

(b) without Division approval under Subsection R156-47b-302b(2) or R156-47b-302d(2); or

(c) when the massage apprentice, massage assistant, or massage assistant-in-training is under the supervision of another massage therapy supervisor who is approved by the Division and meets the requirements of Subsection 58-47b-102(14) and Section R156-47b-302f;

(7) failing to notify a client of any communicable health condition the licensee may have that could present a hazard to the client;

(8) failing to use appropriate draping procedures to protect the client's personal privacy;

(9) failing to conform to the generally accepted and recognized standards and ethics of the massage profession, including those in the Utah Code of Ethics and Standards of Practice, October 2025 edition, which is incorporated by reference;

(10) failing to comply with an administrative inspection under Sections 58-47b-601 and R156-47b-601;

(11) failing to comply with an administrative investigation under Subsection 58-1-106(1)(b);

(12) failing to obtain signed consent from a client before starting a massage;

(13) failing to provide a client with a private space to disrobe as necessary;

(14) failing to provide a private room for a client to receive massage services unless thee client has consented to receiving massage services in a nonprivate setting, including couples massage and event work;

(15) placing or allowing a camera or other recording device in a practice room, restroom, or other location where an individual disrobes;

(16) placing or allowing a camera or other recording device in a location where an individual receives massage services, unless:

(a) the recording is solely for an educational or marketing purpose; and

(b) the individual has given signed consent to the recording in a form separate from the intake form;

(17) holding oneself out as a sole practitioner when the licensee does not meet the definition of a sole practitioner under Subsection 58-47b-102(19);

(18) performing massage services in a location not listed in Subsection 58-47b-301(3);

(19) failing to obtain from the client a completed and signed intake form under Subsection 58-47b-306(1);

(20) failing to wear or display the licensee's first name, last name or last initial, and license type under Subsection 58- 47b-306(2);

(21) failing to provide to the client the first name, last name initial, and license type of the licensed individual performing the massage services under Subsection 58-47b-306(3); or

(22) under Subsection 58-47b-301.1(8), acting as an owner of a registered massage establishment that has failed to comply with a statute or rule that requires or prohibits action by the registered massage establishment.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-502 1. Unprofessional Conduct - Massage Establishments

Under Section 58-47b-502.1, "unprofessional conduct" for a massage establishment includes:

(1) advising, instructing, directing, arranging, allowing, or aiding or abetting any individual in the massage establishment to engage in any lewd, indecent, obscene or unlawful conduct, or conduct that may be reasonably construed as sexual in nature;

(2) advising, instructing, directing, arranging, allowing, or aiding or abetting an individual in any unprofessional conduct or conduct that violates the generally accepted and recognized standards and ethics of the massage profession, including the Utah Code of Ethics and Standards of Practice, October 2025 edition, which is incorporated by reference;

(3) failing to display any registration, signage, or resource in accordance with Title 58, Chapter 47b, Massage Therapy Practice Act including Section 58-47b-306.1, or Rule R156-47b, Massage Therapy Practice Act Rule including Section R156- 47b-302.2b;

(4) failing to comply with Section R156-47b-302.2c;

(5) failing to notify the Division as required by statute or rule, including under Section 58-1-301.7 or Subsection 58- 47b-301.1(7);

(6) failing to comply with an administrative inspection under Sections 58-47b-601 and R156-47b-601;

(7) failing to comply with an administrative investigation under Title 58, Occupations and Professions or Rule 156-1, General Rule of the Division of Professional Licensing;

(8) failing to comply with a facility requirement under Section R156-47b-302.2b; or

(9) failing to correct a violation of the statute or rule regulating massage establishments discovered upon inspection by the Division within the time period established by the Division.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-503 Administrative Penalties - Individuals

(1) Under Subsection 58-47b-503(6), unless otherwise ordered by the Division's presiding officer, the following penalties apply to a licensed individual under Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 47b, Massage Therapy Practice Act:

TABLE 6

Violation

First Offense Penalty

Subsequent Offense Penalty

58-1-501(1)(a)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(b)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(c)

The greater of:

$500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(d)

The greater of:

$500 -$1,000 for a single violation, or up to $2,000 per day of an ongoing violation

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(e)

The greater of:

$100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(f)

The greater of:

$500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(g)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(i)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(ii)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(iii)

$500 - $2,000, subject to Subsection 58-47b-503(5).

$2,000 - $10,000, subject to Subsection 58-47b-503(5).

58-1-501(2)(a)(iv)

$500 - $2,000

$2,000 - $10,000

58-1-501(2)(a)(v)

$100 - $500

The greater of:

$500 -$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(vi)

$100 - $500

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(vii)

$500 - $2,000

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1- 501(2)(a)(viii)

$100 - $500

The greater of:

$500 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(ix)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$500 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(x)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(xi)

The greater of:

$2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(xii)

The greater of:

$100 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(xv)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501(1)(a)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501(1)(b)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501(1)(c)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501(1)(d)

$2,000 - $5,000

$5,000 - $10,000

58-47b-502(1)

The greater of:

$500 - $1,000 for a single violation, or $250 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or $500 per day of an ongoing violation.

58-47b-502(2)

The greater of:

$500 - $1,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or $200 per day of an ongoing violation.

58-47b-502(3)

The greater of:

$500 - $1,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$1,000 - $5,000 for a single violation, or $200 per day of an ongoing violation.

58-47b-502(4)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502(5)

The greater of:

$100 - $2,000 for a single violation, or $125 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or $250 per day of an ongoing violation.

58-47b-502(6)

$500 - $1,000

$2,000 - $10,000

58-47b-502(7)

The greater of:

$500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502(8)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502(9)

The greater of:

$100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

Any rule from 58- 1, 58-47b-501, or 58-47b-502.

The greater of:

$1,000 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(1)

$100 - $500

$500 - $10,000

R156-1-501(2)

The greater of:

$500 - $1,000 for a single violation, or $250 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or $500 per day of an ongoing violation.

R156-1-501(3)

$500 - $2,000

$2,000 - $10,000

R156-1-501(4)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(5)

The greater of:

$100 - $1,000 for a single violation, or $150 per day of an ongoing violation.

The greater of:

$1,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(7)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(1)

The greater of:

$2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(2)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(3)(a)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 302(3)(b)

The greater of:

$100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(4)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(a)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(b)

The greater of:

$100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(c)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(d)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(e)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(5)(f)

$200 - $2,000

$2,000 - $10,000

R156-47b- 502(6)(a)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(6)(b)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b- 502(6)(c)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(7)

$100 - $500

$500 - $1,000

R156-47b-502(8)

$500 - $2,000

$2,000 - $10,000

R156-47b-502(9)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(10)

$500 - $2,000

$2,000 - $10,000

R156-47b-502(11)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(12)

$200 - $2,000

$2,000 - $10,000

R156-47b-502(13)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(14)

The greater of:

$500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(15)

The greater of:

$2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(16)

The greater of:

$2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(17)

The greater of:

$100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(18)

The greater of:

$200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502(19)

$100 - $500

$500 - $2,000

R156-47b-502(20)

The greater of:

$100 - $500 for a single violation, or $150 per day of an ongoing violation.

The greater of:

$500 - $1,000 for a single violation, or $300 per day of an ongoing violation.

R156-47b-502(21)

$100 - $500

$500 - $1,000

R156-47b-502(22)

The greater of:

$2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

Any act of unlawful conduct or unprofessional conduct that is not specifically listed in this penalty schedule.

The greater of:

$100 - $2,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

(2)(a) Under Subsection R156-1-502(1), a citation may not be issued for a third or subsequent offense except in extraordinary circumstances approved by the bureau manager or chief investigator.

(b) If a citation is issued for a third or subsequent offense, the penalty amount shall be double the second offense penalty amount up to the maximum penalty amount allowed under Section 58-47b-503.

(3) Multiple offenses may be cited on the same penalty if the citation clearly indicates:

(a) each offense; and

(b) the penalty amount allocated to each offense.

(4) The Division bureau manager, investigative team leader, or chief investigator may authorize a deviation from the penalty amount in a citation based upon the aggravating or mitigating circumstances.

(5) The Division's presiding officer for a contested citation may increase or decrease the penalty amount imposed by an investigator based on:

(a) a review of the evidence; and

(b) the aggravating or mitigating circumstances.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-503 1. Administrative Penalties - Massage Establishments

(1) Under Subsection 58-47b-503.1(4), unless otherwise ordered by the Division's presiding officer, the following penalties apply to a massage establishment under Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 47b, Massage Therapy Practice Act:

TABLE 7

Violation

First Offense Penalty

Subsequent Offense Penalty

58-1-501(1)(a)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(b)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(c)

The greater of:

$1,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(d)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(e)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(1)(g)

$5,000 - $10,000

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(i)

$1,000 - $5,000

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(ii)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(iii)

$5,000 - $10,000, subject to Subsection 58-47b-503.1(3).

$10,000, subject to Subsection 58- 47b-503.1(3).

58-1-501(2)(a)(iv)

$5,000 - $10,000

$10,000

58-1-501(2)(a)(vii)

$1,000 - $5,000

The greater of:

$5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(viii)

$5,000 - $10,000

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(x)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(xi)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-1-501(2)(a)(xv)

The greater of:

$500 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$1,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(1)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(2)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(3)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(4)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(5)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(6)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(7)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(8)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(9)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(10)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(11)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(13)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-501.1(14)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502.1(1)

The greater of:

$500 - $1,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502.1(2)

The greater of:

$500 - $1,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502.1(3)

The greater of:

$1,000 - $5,000 for a single violation, or $500 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

58-47b-502.1(4)

The greater of:

$1,000 - $5,000 for a single violation, or $500 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or $1,000 per day of an ongoing violation.

58-47b-502.1(5)

The greater of $1,000 - $5,000 for a single violation, or $500 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or $1,000 per day of an ongoing violation.

58-47b-502.1(6)

The greater of:

$250 - $5,000 for a single violation, or $125 per day of an ongoing violation.

The greater of:

$500 - $10,000 for a single violation, or $250 per day of an ongoing violation.

58-47b-502.1(7)

$1,000 - $5,000

$5,000 - $10,000

Any rule from 58-1, 58-47b-501.1, or 58- 47b-502.1.

The greater of:

$1,000 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(1)

$200 - $1,000

$1,000 - $10,000

R156-1-501(2)

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(3)

$5,000 - $10,000

$10,000

R156-1-501(4)

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(5)

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-1-501(7)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(1)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(2)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(3)

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(4)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(5)

The greater of:

$1,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(6)

$10,000

R156-47b-502.1(7)

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(8)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

R156-47b-502.1(9)

The greater of:

$5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

The greater of:

$10,000 for a single violation, or up to $2,000 per day of an ongoing violation.

Any act of unlawful conduct or unprofessional conduct that is not specifically listed in this penalty schedule.

The greater of:

$100 - $5,000 for a single violation, or $100 per day of an ongoing violation.

The greater of:

$5,000 - $10,000 for a single violation, or $200 per day of an ongoing violation.

(2)(a) Under Subsection R156-1-502(1), a citation may not be issued for a third or subsequent offense except in extraordinary circumstances approved by the bureau manager or chief investigator.

(b) If a citation is issued for a third or subsequent offense, the penalty shall be at least double the penalty for a second offense, up to the maximum penalty allowed under Section 58-47b-503.1.

(3) Multiple offenses may be cited on the same citation if the citation clearly indicates:

(a) each offense; and

(b) the penalty allocated to each offense.

(4) The Division bureau manager, investigative team leader, or chief investigator may authorize a deviation from the penalty amount based upon the aggravating or mitigating circumstances.

(5) The Division's presiding officer for a contested citation may increase or decrease the penalties imposed by the citation based on:

(a) a review of the evidence; and

(b) the aggravating or mitigating circumstances.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-504 Renting or Leasing to a Sole Practitioner - Attestation and Documentation

Under Section 58-47b-504, a sole practitioner renting or leasing to another sole practitioner shall obtain the signed attestation required by Subsection 58-47b-504(2) by using the Division's Massage Lessor Attestation form, available on the Division's website, or similar form, which contains the following:

(1) the attestation for the lessee to sign;

(2) information on how to use the Division's website to verify the lessee is a licensed massage therapist in good standing in Utah; and

(3) instructions to attach a copy of the lessee's current license to the attestation.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-601 Inspection

(1) Under Subsection 58-47b-601(1), the Division may enter and inspect the premises and facilities of a massage establishment, with or without notice, to determine compliance with Title 58, Chapter 1, Division of Professional Licensing Act, Title 58, Chapter 47b, Massage Therapy Practice Act, and this Rule R156-47b.

(2) In conducting an inspection under Section 58-47b-601, the Division may:

(a) inspect and copy physical and electronic records of the massage establishment, including intake forms, billing records, and employment records;

(b) inspect within reasonable limits and in a reasonable manner the premises and equipment, following the Division's Massage Establishment Inspection form, available on the Division's website; and

(3) A massage establishment shall assist the inspector conducting an inspection by providing upon request any of the information described in Section R156-47b-302.2c.

(4) An inspection shall be conducted within the operating hours of the massage establishment as defined in Subsection R156-47b-102(18), unless law enforcement requests the presence of a Division investigator outside of the operating hours in which case the inspection shall be limited to license and registration verifications.

(5) If a massage establishment is located within a licensee's residence or an office space shared with other businesses, an inspector shall have independent and sufficient legal justification before inspecting areas not being used as a place of business for massage.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

Utah Admin. Code R156-47b-701 Standards for Animal Massage Therapy Training

Under Subsection 58-28-307(12)(c), an individual practicing animal massage shall have received at least 60 hours of animal massage therapy training in the following areas:

(1) quadruped anatomy;

(2) the theory of quadruped massage; and

(3) supervised quadruped massage experience.

History

KEY: licensing, massage establishment, massage establishment registration, massage therapy, massage therapist, massage apprentice, massage assistant, massage assistant-in-training, inspection, animal massage
Date of Last Change: May 7, 2026
Notice of Continuation: March 21, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101

R156-49 Dietitian Certification Act Rule

Utah Admin. Code R156-49-101 Title

This rule is known as the "Dietitian Certification Act Rule".

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-49-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 49, as used in Title 58, Chapters 1 and 49 or this rule:

(1) "CDR" means the Commission on Dietetic Registration which is the credentialing agency for the Academy of Nutrition and Dietetics (formerly the American Dietetic Association).

(2) "Competency examination", as used in Subsection 58-49-4(4), means the Registration Examination for Dietitians or Dietitian Nutritionists established by the CDR.

(3) "Internship or pre-planned professional baccalaureate or post-baccalaureate experience", as used in Subsection 58- 49-4(3), means completion of the supervised practice requirements established by the CDR.

(4) "Under the supervision of a certified dietitian", as used in Subsection 58-49-4(3), means that the supervising certified dietitian is responsible for the dietetic activities performed by the student or intern.

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-49-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 49.

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-49-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-49-302 Qualification for Licensure - CDR Registered Dietitian

In accordance with Section 58-49-4, CDR registration as a Registered Dietitian is documentation that an individual has completed the requirements of Subsections 58-49-4(2), (3) and (4).

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-49-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 49 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, dietitians
Date of Last Change: December 23, 2013
Notice of Continuation: October 27, 2022
Authorizing, and Implemented or Interpreted Law: 58-49-1; 58-1-106(1)(a); 58-1-202(1)(a)

R156-50 Private Probation Provider Licensing Act Rule

Utah Admin. Code R156-50-101 Title

This rule is known as the "Private Probation Provider Licensing Act Rule".

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 50, as used in Title 58, Chapter 50 or this rule:

(1) "Direct supervision of staff" means that the licensee is responsible to direct and control the activities of employees, subordinates, assistants, clerks, contractors, etc., and shall review, approve and sign off on all staff duties and responsibilities. Members of staff shall not engage in those duties and functions performed exclusively by the licensee as defined under R156-50-603.

(2) "Client" means a criminal justice involved person.

(3) "Evidence-based assessment tool" means a validated criminogenic tool that has been psychometrically tested for reliability, validity, sensitivity, and is widely recognized by human service professionals.

(4) "Probation agreement" means the agreement outlining the terms and conditions the probationer shall comply with during probation in accordance with the court order.

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 50, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-50-502.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-103 Authority

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 50.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-302 Qualifications for Licensure - Education and Equivalent Training Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the education and equivalent training requirements for licensure in Subsection 58-50-5(1) are defined, established and defined as follows:

(1) The baccalaureate degree shall include major study in social work, sociology, psychology, counseling, law enforcement, criminal justice, corrections or other related fields.

(2) The equivalent training shall consist of four years of full-time paid employment in private probation, social work, psychology, counseling, law enforcement, criminal practice, corrections or other related fields.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 50 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-304 Continuing Education

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b) and the continuing education requirement for renewal of licensure in Subsection 58-50-6(2), each person holding a license shall complete 40 hours of qualified continuing professional education (CPE) every two years.

(2) Those persons who become licensed during the renewal period shall be required to complete a total number of CPE hours based upon a formula of five hours of CPE for each of the remaining quarters in the renewal period.

(3) Programs will generally qualify for CPE if the program is related to probation, social work, psychology, counseling, law enforcement, criminal practice, correction or other related fields and if the program will enhance professional development.

(4) Training provided by the licensee for staff will not qualify.

(5) It is the responsibility of the licensee to obtain qualifying CPE and document the CPE on forms supplied by the Division.

(6) The Division may perform random audits to determine compliance with CPE.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-502 Unprofessional Conduct

In accordance with Subsection 58-50-2(5), "unprofessional conduct" includes the following:

(1) failing to comply with the continuing professional education requirement of Section R156-50-304;

(2) failing to comply with the operating standards required for a presentence report;

(3) failing to properly supervise the client as set forth in the probation agreement;

(4) failing to disclose any potential conflict of interest relating to supervision of a client as set forth in Subsection 58-50-2(5), including the following circumstances:

(a) simultaneously providing mental health therapy services and private probation services to the same client;

(b) simultaneously providing education and/or rehabilitation services and private probation services to the same client; or

(c) while providing private probation services to a client, also providing any other service to the client for which the licensee receives compensation;

(5) accepting any amount of money or gratuity from a client other than the fees which is set forth in the probation agreement;

(6) failing to report any violation of the probation agreement; or

(7) failing to comply with Utah Sentencing Commission Supervision Length Guidelines.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-601 Private Probation Services Standards - Probation Supervision

In accordance with Subsection 58-50-9(5), the private probation services standards for probation supervision are established and defined as follows:

(1) A private probation provider shall perform the following minimum services for each client referred by the court:

(a) conduct an initial client interview that includes an evidence-based risk/needs screening, and establish a plan of supervision (the "case plan");

(b) if indicated necessary by the risk/needs screening, conduct a risk/needs assessment using an evidence-based assessment tool;

(d) review with the client:

(i) the court ordered fines and other financial obligations; and

(ii) the fees for services to be charged to the client, pursuant to Section R156-50-604;

(e) after the initial client interview and any risk/needs assessment, conduct an individual, face-to-face interview with the client in accordance with the case plan and any risk/needs assessment as often as necessary to determine that the client is in compliance with the probation agreement and case plan, and not less than:

(i) monthly for a high risk client;

(ii) every two months for a moderate risk client; and

(iii) every three months for a low risk client; and

(f) submit written reports as required by the court.

(2) A private probation provider shall post a notice of grievance procedures in a conspicuous location at the provider's place(s) of business, or make that notice otherwise available to each client. The notice shall include information on how to contact and file a complaint with the Division's investigation office.

(3) A private probation provider shall report to the court within three working days, or as directed by the court:

(a) any new known criminal law violations committed by the client; and

(b) any failure by the client to comply with the terms and conditions of the probation agreement, including payment of fines or other financial obligations.

(4)(a) At least 30 business days prior to the date of termination of any supervised probation, a private probation provider shall notify in writing the court and the office of the prosecuting attorney; and

(b) include with the notification a report outlining the client's compliance with terms and conditions of the probation agreement including payment of any fines and other financial obligations.

(5)(a) At least 30 business days prior to an early termination date, a private probation provider shall submit a report to the court with supporting rationale for early termination based on the Utah Sentencing Commission's Supervision Length Guidelines; and

(b) include in the report:

(i) Recent Response and Incentive Matrix (RIM) History;

(ii) information on any new criminal conduct;

(iii) Case Action Plan (CAP) or risk reduction progress;

(iv) treatment and programming progress;

(v) restitution payment history;

(vi) employment history, residence, and any other relevant factors;

(vii) a recommendation on the termination of supervision; and

(viii) for a client convicted of a sexual offense, the results from an exit polygraph conducted to determine any inappropriate conduct while on probation.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-602 Private Probation Services Standards - Preparing Presentence Investigative Reports

In accordance with Subsection 58-50-9(5), the private probation services standards for preparing presentence investigative reports are established and defined as follows:

(1) A private probation provider shall gather the following information, if applicable and available:

(a) juvenile arrest and disposition records;

(b) adult arrest and disposition records;

(d) arresting officer's report;

(e) victim impact statement;

(f) driving history record, if the present offense is a driving offense;

(g) blood/breath alcohol content test results;

(h) treatment evaluations six months or newer;

(i) custody status and number of jail days served;

(j) findings from the risk/needs screening and any risk/needs assessments; and

(k) current situation, to include:

(i) employment;

(ii) living situation;

(iii) level of education;

(iv) military status;

(v) behavioral and physical health status; and

(vi) personal relationship status.

(2) A private probation provider shall conduct interviews with the client, and with the following when relevant and available:

(a) family;

(b) friends;

(d) employers;

(e) military; and

(f) past and present treatment providers.

(3) A private probation provider shall:

(a) develop and provide report recommendations based upon the risk/needs screening and any risk/needs assessment;

(b) refer in the report to client information obtained from outside agencies, when appropriate for additional evaluation; and

(6) A private probation provider shall submit the report to the court, defense attorney, and prosecutor at least three business days prior to sentencing.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-603 Private Probation Services Standards - Duties and Responsibilities of the Private Probation Provider and Staff

In accordance with Subsection 58-50-9(5), the respective duties and responsibilities of the private probation provider and staff are established as follows:

(1) the duties and responsibilities of the private probation provider shall include the following:

(a) review, approve and sign all reports required under this chapter or ordered by the court;

(b) conduct with each client:

(i) an initial interview that includes an evidence-based risk/needs screening; and

(ii) an evidence-based risk needs assessment, if indicated;

(d) conduct personal interviews with each client as determined by the risk/needs screening and any risk/needs assessment, to include:

(i) review of case plan; and

(ii) probation agreement compliance;

(e) conduct all interviews required in the preparation of the presentence report;

(f) when available, review Bureau of Criminal Investigation, Controlled Substance Database, Utah Court XChange, and other applicable data; and

(g) attend all evidentiary hearings as requested by the court.

(2) The duties and responsibilities of the staff under direct supervision of the private probation provider include the following:

(a) assist in the gathering of information and the preparation of reports;

(b) perform other monthly interviews;

(d) collect fines, restitutions and fees for services; and

(e) other clerical duties as assigned by the licensee.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-604 Private Probation Services Standards - Disclosures and Financial Responsibility

In accordance with Subsection 58-50-9(5), the private probation service standards for disclosures and financial responsibility regarding services, are established and defined as follows:

(1) A private probation provider shall provide to each client in writing, and personally review with the client:

(a) the provider's current fee schedules for services, including fees for failure to pay for services; and

(b) the prohibition against providers providing services outside of the scope of their license.

(2) A private probation provider may not:

(a) split fees, send or receive any commission or rebate, or accept any other form of remuneration for referral of a client for professional services;

(b) accept any amount of money or gratuity from a client other than the fee set forth in the probation agreement;

(c) use the provider's relationship with the client for personal gain, or for the profit of any entity, agency, or commercial enterprise of any kind; or

(d) charge a client for services not rendered.

(3) A private probation provider shall:

(a) maintain and make available for inspection by the Division the provider's fee schedules; and

(b) make the provider's fee schedules available for review and approval by a court upon request.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

Utah Admin. Code R156-50-605 Private Probation Service Standard - Providing Additional Services, Informed Consent, Display of Licensure

In accordance with Subsection 58-50-9(5), the private probation service standards for providing additional services, informed consent, and display of licensure are established and defined as follows:

(1) A private probation provider may not simultaneously provide private probation services and other services to the same client, when the probation provider is also the licensed, registered, or certified provider of the other services.

(2)(a) A private probation provider shall obtain a client's prior written consent if private probation services will be provided by the licensee, and the licensee is the owner, officer, director, partner, proprietor, or responsible management personnel of any entity, agency, or commercial enterprise of any kind that will simultaneously provide other services to the client for compensation.

(b) Written consent shall be obtained by means of an informed consent form, signed and dated by the client before receiving private probation services, that includes at least the following:

(i) a description of other services, including any:

(A) behavioral health services;

(B) educational services;

(D) rehabilitation services;

(ii) a separate paragraph describing how the client can withdraw consent;

(iii) a separate paragraph describing client grievance procedures, that includes information on how to contact and file a complaint with the Division's investigation office; and

(iv) a separate paragraph containing an acknowledgment of being informed of the potential conflict of interest.

(d) A signed and dated informed consent form shall be retained for three years from the termination of probation with the client.

(3) A private probation provider shall display a current copy of their Utah Private Probation Provider license in a conspicuous location at the provider's place of business. If a licensee provides private probation services at multiple business locations, the license shall be displayed at each location.

History

KEY: licensing, probation, private probation provider
Date of Last Change: August 8, 2019
Notice of Continuation: July 1, 2025
Authorizing, and Implemented or Interpreted Law: 58-50-1; 58-1-106(1)(a); 58-1-202(1)(a); 58-50-5(1); 58-50-9(5)

R156-53 Landscape Architects Licensing Act Rule

Utah Admin. Code R156-53-101 Title

This rule is known as the "Landscape Architects Licensing Act Rule".

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 53, as used in Title 58, Chapters 1 and 53 or this rule:

(1) "Employee" or "employee, subordinate, associate, or drafter" of a landscape architect, as used in Subsections 58- 53-102(5) and 58-53-603(2) and this rule, means one or more individuals not licensed as a landscape architect who are working for, with, or providing landscape architect services under the supervision or direction of the licensed landscape architect.

(2) "Under the direction of the landscape architect" or "under the supervision of a licensee", as used in Subsection 58- 53-102(5) and 58-53-603(2), means that the unlicensed employee, subordinate, associate, or drafter of the landscape architect engages in the practice of landscape architecture only on work initiated by the landscape architect, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of the landscape architect.

(3) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 53 is further defined, in accordance with Subsections 58-1-203(1)(e) and 58-53-102(7), in Section R156-53-401.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1) to enable the Division to administer Title 58, Chapter 53.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-302a Qualifications for Licensure - Education and Experience Requirements

(1) In accordance with Subsections 58-53-302(1)(d)(i) and (ii), an applicant for licensure shall complete the following education or experience requirements:

(a) a bachelors or masters degree in landscape architecture which shall be from a curriculum accredited by the Landscape Architectural Accreditation Board (LAAB); or

(b) eight years of experience shall be full or part time employment for periods of time not less than ten weeks in length under the general supervision of one or more licensed landscape architects.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-302b Qualifications for Licensure - Examination Requirements

In accordance with Subsection 58-53-302(1)(e), an applicant for licensure shall pass the following examinations:

(1) the Landscape Architect Registration Examination (LARE) of the Council of Landscape Architectural Registration Boards; or

(2) the Uniform National Exam for Landscape Architects (UNE) of the Council of Landscape Architectural Registration Boards.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 53 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-304 Continuing Education for Landscape Architects

In accordance with Section 58-53-303, the continuing education standards for landscape architects are established as follows:

(1) Beginning June 1, 2012, during each two-year renewal cycle ending on May 31 of each even-numbered year, a licensed landscape architect shall complete not less than 16 contact hours of continuing education directly related to the licensee's professional practice.

(2) The required number of contact hours of continuing education for an individual who first becomes licensed during the two-year renewal cycle shall be decreased in a pro-rata amount equal to any part of that two-year renewal cycle preceding the date on which that individual first became licensed.

(3) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(4) A continuing education activity shall meet the following standards:

(a) Activity Content and Types. The activity shall have an identifiable, clear statement of purpose and defined objective directly related to the practice of landscape architecture and directly related to topics involving the public health, safety, and welfare of landscape architecture practice and the ethical standards of landscape architectural practice.

(i) Health, safety, welfare, and ethical standards as used in this Subsection are defined to including the following:

(A) The definition of "health" shall include aspects of landscape architectural practice that have salutary effects among users of sites, site structures, pedestrian ways, and vehicular facilities that are environmental and affect human health. Examples include all aspects of air quality, provisions of personal hygiene, and use of non-toxic materials and finishes.

(B) The definition of "safety" shall include aspects of landscape architectural practice intended to limit or prevent accidental injury or death among users such as sites, site structures, or construction sites. Examples include safe access and egress within sites and site structures, minimization of slipping hazards on exterior surfaces, correct proportions and visibility of stairs, safety railings, and accommodations for users with disabilities.

(C) The definition of "welfare" shall include aspects of landscape architectural practice that consist of values that may be social, psychological, cultural, spiritual, physical, aesthetic, and monetary in nature. Examples include spaces that afford natural light, natural materials, or views of nature or whose proportions, color, or materials engender positive emotional responses from its users.

(D) The definition of "ethical standards for landscape architectural practice" shall include the ASLA Code of Professional Ethics, specified in Subsection R156-53-401(4).

(ii) The activity shall be completed in the form of any of the following activity types:

(A) in-house programs sponsored by an organization;

(B) seminar;

(D) conference;

(E) training session;

(F) webinar;

(G) internet course;

(H) distance learning course;

(I) televised course;

(J) authoring of an article, textbook, or professional book publication;

(K) lecturing in or instructing a continuing education course;

(L) study of a scholarly peer-reviewed journal article, book, or book chapter;

(M) pro-bono service that has a clear purpose and objective and maintains, improves, or expands the professional knowledge or skill of the licensee;

(N) mentoring one or more students for one day at the Landscape Architecture Shadow Mentor Day, mentoring program, or other mentoring event;

(O) membership on a state regulatory board for the practice of landscape architecture;

(P) serving as an elected officer or appointed chair of a committee or organization in a professional society or organization;

(Q) serving as an elected officer or appointed member of a professional board or commission; or

(R) serving as an exam grader or on a committee writing exam materials for a professional registration or licensing examination.

(b) Objectives. The activity learning objectives shall be clearly stated in activity material.

(c) Faculty. The activity shall be prepared and presented by individuals who are qualified by education, training, and experience.

(d) Activity provider or sponsor. The activity shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) an accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or company related to the practice of landscape architecture; or

(iv) a commercial continuing education provider providing an activity related to the practice of landscape architecture.

(e) Documentation. Each licensee shall maintain documentation as proof of compliance with this section, such as certificate of completion, school transcript, activity description, activity syllabi, or other activity materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due.

(i) At a minimum, the documentation shall contain the following:

(A) the date of the activity;

(B) the name of the activity provider;

(D) the activity title;

(E) the number of contact hours of continuing education credit; and

(F) the activity objectives.

(ii) If the activity is self-directed, such as study or authoring of a scholarly peer-reviewed journal article, book, book chapter, or similar document, the documentation shall contain the following:

(A) the dates of study or research;

(B) the title of the paper, article, or book;

(D) the number of contact hours of continuing education credit; and

(E) the objectives of the self-study activity.

(f) Contact hour. Each contact hour of continuing education credit shall consist of not fewer than 50 minutes of education. One professional development hour (PDH) is equal to one contact hour. One university quarter credit hour is equivalent to 40 contact hours. One university semester credit hour is equivalent to 45 contact hours. One International Association of Continuing Education and Training (IACET) Continuing Education Unit (CEU) is equivalent to ten contact hours.

(5) Extra hours of continuing education. If a licensee completes more than the required number of contact hours of continuing education during the two-year renewal cycle specified in Subsection (1), up to eight contact hours of the excess may be carried over to the next two-year renewal cycle. No education received prior to the license being granted may be carried forward to apply towards the continuing education required after the license is granted.

(6) Credit for continuing education shall be recognized in accordance with the following:

(a) a maximum of six hours per two-year renewal cycle may be recognized for teaching in a college or university or for teaching continuing education activities in the field of landscape architecture, provided it is the first time the material was taught;

(b) a maximum of three hours per two-year renewal cycle may be recognized for authoring or study of published papers, articles, or books directly related to the practice of landscape architecture;

(c) a maximum of four hours per two-year renewal cycle may be recognized for pro-bono service that has a clear purpose and objective and maintains, improves, and expands the professional knowledge or skill of the licensee;

(d) a maximum of two hours per two-year renewal cycle may be recognized for mentoring one or more students for one day at the Landscape Architecture Shadow Mentor Day, mentoring program, or other mentoring event;

(e) a maximum of four hours per two-year renewal cycle may be recognized for membership on a state regulatory board for the practice of landscape architecture;

(f) a maximum of two hours per two-year renewal cycle may be recognized for serving as an elected officer or appointed chair of a committee or organization in a professional society or organization related to the practice of landscape architecture;

(g) a maximum of two hours per two-year renewal cycle may be recognized for serving as an elected officer or appointed member of a governmental board or commission related to the practice of landscape architecture;

(h) a maximum of four hours per two-year renewal cycle may be recognized for serving as an exam grader or on a committee writing exam materials for a professional registration or licensing examination; and

(i) unlimited hours may be recognized for continuing education that is online, distance-learning, correspondence course, or home study provided the activity verifies registration and participation in the activity by means of a test or other assessment method including a final summary, individual paper, or individual project which demonstrates that the participant learned the material presented.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-308 Reinstatement of a Landscape Architect License which has Expired Beyond Two Years

In addition to the requirements in Section R156-1-308g and in accordance with Subsection 58-1-308(6), an applicant for reinstatement for licensure as a landscape architect, whose license has been expired for two or more years, shall:

(1) upon request by the Division, meet with the Board to evaluate the applicant's ability to safely and competently practice landscape architecture;

(2) pass the Landscape Architect Registration Examination (LARE) of the Council of Landscape Architectural Registration Boards if it is determined by the Board and Division that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice landscape architecture; and

(3) provide documentation that the licensee, within two years prior to the date of the application, completed 16 hours of continuing education.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-401 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) submitting an incomplete final site plan to a client, when the licensee represents, or could reasonably expect the client to consider, the site plan to be complete and final;

(2) submitting an incomplete final site plan to a building official for the purpose of obtaining a building permit;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter; and

(4) failing to conform to the generally accepted standards and ethics of the profession including those established in the American Society of Landscape Architects (ASLA) Code of Professional Ethics, as amended by the ASLA Board of Trustees on May 2, 2009, which document is hereby adopted and incorporated by reference.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-502 Administrative Penalties - Unlawful Conduct

(1) In accordance with Section 58-53-502, the following fine schedule shall apply to citations issued to individuals licensed under Title 58, Chapters 1 and 53.

TABLE

FINE SCHEDULE

Violation First Offense Second Offense

58-1-501(1)(a) $ 800.00 $1,600.00

58-1-501(1)(b) $1,000.00 $2,000.00

58-1-501(1)(c) $1,000.00 $2,000.00

58-1-501(1)(d) $1,000.00 $2,000.00

58-53-501(1) $ 800.00 $1,600.00

58-53-501(2) $ 800.00 $1,600.00

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount with a maximum amount not to exceed the maximum fine allowed under Subsection 58-53-502(1)(i)(iii).

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) In each case the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

Utah Admin. Code R156-53-601 Landscape Architect Seal - Requirements

In accordance with Section 58-53-601, all final site plans prepared by the licensee or prepared under the supervision or direction of the licensee, shall be sealed in accordance with the following:

(1) Each seal shall be a circular seal, 1 1/2 inches minimum diameter.

(2) Each seal shall include the licensee's name, license number, "State of Utah", and "Licensed Landscape Architect".

(3) Each seal shall be signed and dated with the signature and date appearing across the face of each seal imprint.

(4) Each original set of final site plans, as a minimum, shall have the original seal imprint, original signature and date placed on the cover or title sheet.

(5) A seal may be a wet stamp, embossed, or electronically produced.

(6) Copies of the original set of site plans which contain the original seal, original signature and date is permitted if the seal, signature and date is clearly recognizable.

History

KEY: landscape architects, licensing
Date of Last Change: August 21, 2014
Notice of Continuation: November 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101

R156-54 Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act Rule

Utah Admin. Code R156-54-101 Title

This rule is known as the "Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act Rule."

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 54, as used in Title 58, Chapters 1 and 54 or this rule:

(1) "ARRT" means the American Registry of Radiologic Technologists.

(2) "CBRPA" means the Certification Board of Radiology Practitioner Assistants.

(3) "Practice as a radiology practical technician" means using radiological equipment limited to specific radiographic procedures on specific parts of the human anatomy as contained in the American Registry of Radiologic Technologists (ARRT) "Content Specifications for the Examination for the Limited Scope of Practice in Radiography", effective January 2009, which is hereby incorporated by reference.

(3) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 54, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-54-502.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 54.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-301 Equivalent Education Requirements for Licensure as a Radiologic Technologist

In accordance with Subsection 58-54-302(2)(a), a four year bachelors of science degree in radiology is an equivalent radiological educational program approved for licensure as a radiologic technologist.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-302a Examination Requirements - Radiologic Technologist

In accordance with Subsection 58-54-302(2)(b), the examination requirement for licensure as a radiologic technologist requires passing:

(1) an applicable American Registry of Radiologic Technologists (ARRT) Examination in Radiologic Technology, which include:

(a) Radiography;

(b) Nuclear Medicine Technology; and

(2) the Nuclear Medicine Technology Certification Board Examination.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-302b Examination Requirements - Radiology Practical Technician

In accordance with Subsection 58-54-302(3), the examination requirement for licensure as a radiology practical technician requires passing:

(1) the ARRT Limited Scope of Practice in Radiography Examination with a minimum score of 75% for the following:

(a) core; and

(b) one or more of the following sections:

(i) chest;

(ii) extremities;

(iii) skull/sinuses;

(iv) spine; and

(v) podiatric; or

(2) the ARRT Bone Densitometry Equipment Operators Examination (BDEO) with a minimum score of 75%.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 54 is established by rule in Section R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-304 Professional Education

(1) In accordance with Subsection 58-54-305(2), each licensee shall be required to complete a program of professional education during each two year license renewal cycle.

(2) The required number of hours of professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first becomes licensed.

(3) Qualified professional education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience; and

(4) Unlimited hours of professional education shall be recognized for professional education completed in blocks of time not less than 50 minutes in formally established classroom courses, seminars, lectures, labs, training sessions or conferences which are approved by or conducted under the sponsorship of:

(a) an accredited institution of higher education;

(b) American Society of Radiologic Technologists or other similar professional organizations;

(d) a professional association representing one of the licensed professions regularly engaged in radiologic procedures.

(5) Each licensee shall be responsible for keeping documentation of his professional education hours for a period of four years after close of the two year period to which the records pertain.

(6) A licensee who has a serious health condition or has left the United States for an extended period of time which prevent the licensee from meeting the professional education requirements established under this section may be excused from the requirement for that period of time. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-54-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) performing mammography when not in compliance with the Utah State Department of Health, Bureau of Health Facility Licensure, Mammography Quality Assurance Rules, R432-950;

(2) performing a radiological procedure without having first passed the appropriate qualifying examination;

(3) performing a radiological procedure when not supervised in accordance with Section 58-54-303 or Subsection 58-54- 304(1)(g) and (2); and

(4) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the ARRT "Standards of Ethics", August 1, 2010 edition, which is hereby incorporated by reference.

History

KEY: licensing, radiologic technologists, radiology practical technicians, radiologist assi stants
Date of Last Change: October 13, 2011
Notice of Continuation: April 27, 2026
Authorizing, and Implemented or Interpreted Law: 58-54-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-55a Utah Construction Trades Licensing Act Rule

Utah Admin. Code R156-55a-101 Title -- Authority -- Organization of Rules

(1) This rule shall be known as the "Utah Construction Trades Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsections 58-1-106(1)(a) and 58-55-103(1)(b)(i) to enable the Division to administer Title 58, Chapter 55, Utah Construction Trades Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Subsection R156-1-101(3)(d).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-102 Definitions

The following definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Chapter 55, Utah Construction Trades Licensing Act:

(1) "Certified Natural Gas Technician" means an individual who has met the instruction and examination requirements of Section R156-55a-308b to safely install, modify, maintain, clean, repair or replace gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliances.

(2) "Construction trades instructor" as used in Subsection 58-55-301(2)(e) means the education facility that is issued the license under Section R156-55a-302e. It does not mean individuals employed by the facility who may teach classes.

(3) "Construction trades instruction facility" means the facility that is granted the license in Subsection 58-55-301(2) and Section R156-55a-302f.

(4) "Employee" as used in Subsection 58-55-102(22), means a person providing labor services in the construction trades who works for compensation for a licensed contractor, or the substantial equivalent of a licensed contractor as determined by the Division, and who has federal and state taxes withheld and workers' compensation and unemployment insurance provided by the person's employer.

(5) "Free of Actual or Apparent Conflicts of Interest" as used in Subsections R156-55a-302g(2)(b) means, any relationship, interest, or arrangement impacting a supervisor providing direct, indirect, or general supervision that may impact the supervisor's ability to provide adequate supervision over an applicant.

(a) The Division shall presume supervision was done free of actual or apparent conflicts of interest if the following can be established:

(i) At the time of supervision, the supervisor and applicant were employees of the same licensee; and

(ii) the person being supervised had no advice, consent, or control over matters relating to the supervisor's hiring, firing, wages, salary, bonuses, payment schedule, or other aspects relating to a direct or indirect supervisor's employment during the supervision period.

(b) The Division may rebut the presumption in Subsection R156-55a-102(5)(a) by demonstrating by the preponderance of the evidence of a relationship, interest, or arrangement impacting a supervisor providing direct supervision that in fact or in likelihood impacted the supervisor's ability to provide adequate direct supervision over an applicant.

(6) "H100 Qualifier" means an Individual certified by the Division as meeting the qualifications to act as a qualifier for an H100 - HVAC Contractor under Section R156-55a-302g.

(7) "Hire" means to hire as an employee as defined in Subsection R156-55a-102(4).

(8) "Incidental" as used in Subsection 58-55-102(53)(b), means work that:

(a) can be safely and competently performed by a specialty contractor;

(b) arises from, and is directly related to, work performed in the licensed specialty classification;

(d) does not include performance of any electrical or plumbing work.

(9) "Interim H100 Qualifier" means an individual registered as the qualifier for an S350 - HVAC Contractor license that is active and in good standing as of midnight on April 1, 2026, and subject to the limitations of Subsection R156-55a- 302g(1)(a).

(10) "Maintenance" means:

(a) routine actions to repair, replace, refinish, or preserve any component of an existing structure in its original condition.

(b) Maintenance does not include:

(i) alteration or modification to existing weight-bearing or structural components;

(ii) any electrical work, as defined in rule R156-55b-102, unless the individual performing such work holds a journeyman electrician or master electrician trade license; or

(iii) plumbing work as defined in rule R156-55c, unless the individual performing such work holds a journeyman plumber or master plumber trade license.

(11) "Mechanical" as used in Subsections 58-55-102(26)(a), (28)(b)(iv) and (42), means the work that may be performed by an H100 HVAC Contractor.

(12) "NASCLA" means the National Association of State Contractors Licensing Agencies.

(13) "Non-electrical signs and graphics displays" means an outdoor sign that does not have electrical lighting or other electrical requirements, and that is fabricated, installed, and erected in accordance with professionally engineered specifications.

(14) "Personal property" as used in Subsections 58-55-102(15)(a)(i), has the same definition as the term "goods" under Section 70A-2-105, provided such property is not, by its design or manufacture, intended to be attached, installed, or otherwise affixed to real property in such a way that an interest in them arises under real property law.

(15) "Qualifier" means the individual who demonstrates competence for a contractor license by satisfying the requirements to obtain the contractor license.

(16) "RMGA" means the Rocky Mountain Gas Association.

(17) "School" means a school district, technical college, or accredited college.

(17) "Signs and graphic displays" means any type of sign, including lighted and unlighted, permanent highway marker sign, illuminated awning, electronic message center, sculpture or graphic representation including a logo and trademark to identify or advertise the user or product, building trim or lighting with neon or decorative fixtures, and any other animated, moving, or stationary device used for advertising or identification purposes.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301a Alarms -- Alarm Company License

The scope of practice of an Alarm Company license issued under Subsection 58-55-301(2)(a) is defined under Rule R156-55d.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301b Alarms -- Alarm Company Agent License

The scope of practice for an Alarm Company Agent license issued under Subsection 58-55-301(2)(b) is defined under Rule R156-55d.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301c Contractors -- B100 General Building Contractor License

The scope of practice for a B100 -- General Building Contractor license issued under Subsection 58-55-301(2)(h) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work described in 58-55-102(26)(a).

(2) Inclusions and Exclusions. The scope described in Subsection R156-55a-301c(1)

(a) includes:

(i) all scopes of work relating to specialty contractor licenses issued under Subsection 58-55-301(2)(x) and described under Sections R156-55a-301w through R156-55a-301al;

(ii) the scope of work for B200 Modular Unit Installation Contractor described in Section R156-55a-301ag; and

(iii) the construction, fabrication, or installation of activity pools, exercise spas or swim spas, public swimming pools, residential swimming pools, non-self contained spas, permanent residential spas, and prefabricated swimming pools.

(b) but the scope does not include:

(i) work relating to R200 - Factory Built Housing Contractor license described in Section R156-55a-301ab;

(ii) work relating to S700 - Limited Scope License Contractor license described in Section R156-55a-301al;

(iii) work of any trade license described in Sections R156-55a-301m through R156-55a-301v;

(iv) an E200 - General Electrical Contractor license described in Section R156-55a-301d;

(v) an E201 - Residential Electrical Contractor license described in Section R156-55a-301i;

(vi) a P200 - General Plumbing Contractor license described in Section R156-55a-301f;

(vii) a P201 - Residential Plumbing Contractor license described in Section R156-55a-301j;

(viii) an H100 - HVAC Contractor license described in Section R156-55a-301g, unless such HVAC work is performed upon a single-family residence or a multi-family residence up to four units. Nothing in this subsection, however, shall be construed as waiving the requirements that all HVAC work relating to natural gas be performed by a Certified Natural Gas Technician; or

(ix) S510 - Elevator Contractor license described in Subsection R156-55a-301k.

(c) Nothing in subsection this shall be interpreted as preventing the holder of a B100 -- General Building Contractor license from performing any work under a separate, valid license.

(3) Subcontracting and Hiring. A B100 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Section R156-55a-301c(1) except that a B100 -- General Building Contractor license holder may hire or subcontract work:

(a) to the professions listed in Subsection R156-55a-301c(2)(b):

(b) individuals holding the following trade licenses to perform work on a single-family residence or a multi-family residence up to four units:

(i) Journeyman Electrician under Section R156-55a-301n;

(ii) Master Electrician under Subsection R156-55a-301o;

(iii) Residential Journeyman Electrician under Subsection R156-55a-301p;

(iv) Residential Master Electrician under Subsection R156-55a-301q;

(v) Journeyman Plumber under Subsection R156-55a-301s;

(vi) Master Plumber under Subsection R156-55a-301t;

(vii) Residential Journeyman Plumber under R156-55a-301u; or

(viii) Residential Master Plumber under R156-55a-301v.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301d Contractors -- E200 General Electrical Contractor License

The scope of practice for an E200 -- General Electrical Contractor license under Code Subsection 58-55-301(2)(i) is defined in this subsection.

(1) Scope. A licensee holding a E200 - General Electrical Contractor license may perform all work described in Subsection 58-55-102(27).

(2) Inclusions and Exclusions. In addition to the scope described in Subsection R156-55a-301d(1), a licensee holding an E200 General Electrical Contractor license may additionally perform all work within the scope of work under the following licenses:

(a) an E201 -- Residential Electrical Contractor license under Section R156-55a-301i; and

(b) an S202 -- Solar Photovoltaic Contractor license under Section R156-55a-301ak.

(3) Subcontracting/Hiring. An E200 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301d(a) .

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301e Contractors -- E100 General Engineering Contractor License

The scope of practice for an E100 -- General Engineering Contractor license under Code Subsection 58-55-301(2)(j) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(28).

(2) Inclusions and Exclusions. An E100 licensee shall ensure all work performed under this section is within the scope listed in Subsection R156-55a-301e(1).

(3) Subcontracting/Hiring. An E100 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301e(1) .

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301f Contractors -- P200 General Plumbing Contractor License

The scope of practice for a P200 -- General Plumbing Contractor license under Code Subsection 58-55-301(2)(k) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(29).

(2) Inclusions and Exclusions. The scope described in Subsection R156-55a-301f(1) includes:

(a) the furnishing of materials, fixtures, and labor to extend service from a building out to the main water, sewer, or gas pipeline; and

(b) the scope of work for a P201 Residential Plumbing Contractor under Section R156-55a-301j.

(3) Subcontracting and Hiring. A P200 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301f(1).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301g Contractors -- H100 HVAC Contractor License

The scope of practice for an H100 -- HVAC Contractor license under Code Subsection 58-55-301(2)(l) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(31).

(2) Inclusions and Exclusions.

(a) As defined in Subsection 58-55-102(31), HVAC includes:

(i) fabrication and installation of complete warm air heating, air conditioning and ventilating systems;

(ii) installation of refrigeration equipment, including built-in refrigerators, refrigerated rooms, insulated refrigerated spaces and other related equipment; and

(iii) attaching a condensate drain to a preexisting draining receptacle.

(b) HVAC does not include:

(i) electrical trade work under Subsection 58-55-102(18);

(ii) plumbing trade work under Subsection 58-55-102(40); or

(iii) gas line work unless the qualifier for the H100 licensee and technician engaging in such gas line work is a Certified Natural Gas Technician under Subsection R156-55a-102(1).

(c) The scope described in Subsection 301g(1) additionally includes the scope of work for an S354 - Radon Mitigation Contractor under Section R156-55a-301ah.

(3) Subcontracting and Hiring.

(a) An H100 licensee may only employ an H100 Qualifier as described in Section R156-55a-302g to act as qualifier.

(b) An H100 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301g(1) except that an H100 -- HVAC Contractor licensee may contract with:

(i) an E200 General Electrical Contractor;

(ii) an E201 Residential Electrical Contractor;

(iii) a P200 General Plumbing Contractor; or

(iv) a P201 Residential Plumbing Contractor.

(4) Any person holding an active S350 -- HVAC Contractor license in good standing as of January 1, 2026 shall be deemed to hold an H100-HVAC Contractor license in good standing for the remainder of the licensing period ending November 30, 2027 under Subsection R156-55a-302g(1)(a).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301h Contractors -- R100 Residential and Small Commercial Contractor

The scope of practice for an R100 -- Residential and Small Commercial Contractor license under Code Subsection 58- 55-301(2)(q) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(42).

(2) Inclusions and Exclusions. An R100 licensee shall ensure all work performed under this section is within the scope listed in Subsection R156-55a-301h(1) including the construction, fabrication, or installation of activity pools, exercise spas or swim spas, public swimming pools, residential swimming pools, non-self contained spas, permanent residential spas, and prefabricated swimming pools.

(3) Subcontracting and Hiring. An R100 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in this Subsection R156-55a-301h(1).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301i Contractors -- E201 Residential Electrical Contractor License

The scope of practice for an E201 -- Residential Electrical Contractor license under Code Subsection 58-55-301(2)(r) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(44).

(2) Inclusions and Exclusions. An E201 licensee shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301i(1).

(3) Subcontracting and Hiring. An E201 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in subsection R156-55a-301i(1) .

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301j Contractors -- P201 Residential Plumbing Contractor License

The scope of practice for a P201 -- Residential Plumbing Contractor license under Code Subsection 58-55-301(2)(w) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(49).

(2) Inclusions and Exclusions. An P201 licensee shall ensure all work performed under this section is within the scope of the listed under Subsection R156-55a-301j(1).

(3) Subcontracting and Hiring. A P201 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in this Subsection R156-55a-301j(1).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301k Elevators -- S510 Elevator Contractor License

The scope of practice for an S510 Elevator Contractor license issued under Subsection 58-55-301(2)(f) is defined in this subsection.

(1) Scope. A licensee under the subsection may erect, construct, install, alter, service, repair, or maintain an elevator.

(2) Inclusions and Exclusions. An S510 licensee shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301k(a).

(3) Subcontracting/Hiring. An S510 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301k(a) except that an S510 licensee may hire an Elevator Mechanic licensee under Section 58-55-301l as an employee.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301l Elevators -- Elevator Mechanic License

The scope of practice for an Elevator Mechanic license under Code Subsection 58-55-301(2)(g) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(21).

(2) Inclusions and Exclusions. An elevator mechanic shall ensure all work performed under this subsection is within the scope defined under Subsection R156-55a-301l(1).

(3) Subcontracting and Hiring. An elevator mechanic shall not subcontract with or employ any individual to perform work requiring any license under this rule.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301m Electrical Trade -- Apprentice Electrician License

The scope of practice for an Apprentice Electrician license under Code Subsection 58-55-301(2)(c) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(8).

(2) Inclusions and Exclusions. An apprentice electrician shall ensure all work performed under this subsection is within the scope defined under Subsection R156-55a-301m(1)(a).

(3) Subcontracting and Hiring. An apprentice electrician shall not subcontract with or employ any individual to perform work requiring a license under this rule.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301n Electrical Trade -- Journeyman Electrician License

The scope of practice for a Journeyman Electrician license under Code Subsection 58-55-301(2)(m) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(35).

(2) Inclusions and Exclusions. A journeyman electrician shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301n(1).

(3) Subcontracting and Hiring. A journeyman electrician shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a journeyman electrician's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301o Electrical Trade -- Master Electrician License

The scope of practice for a Master Electrician license under Code Subsection 58-55-301(2)(o) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(37).

(2) Inclusions and Exclusions. A master electrician shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301o(1).

(3) Subcontracting and Hiring. A master electrician shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a master electrician's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301p Electrical Trade -- Residential Journeyman Electrician

The scope of practice for a Residential Journeyman Electrician license under Code Subsection 58-55-301(2)(s) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(45).

(2) Inclusions and Exclusions. A Residential Journeyman Electrician shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301p(1).

(3) Subcontracting and Hiring. A residential journeyman electrician shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a residential journeyman electrician's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301q Electrical Trade -- Residential Master Electrician

The scope of practice for a Residential Master Electrician license under Code Subsection 58-55-301(2)(u) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(47).

(2) Inclusions and Exclusions. A Residential Master Electrician shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301q(1).

(3) Subcontracting and Hiring. A residential master electrician shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a residential master electrician's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301r Plumbing Trade -- Apprentice Plumber License

The scope of practice for an Apprentice Plumber license under Code Subsection 58-55-301(2)(d) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(9).

(2) Inclusions and Exclusions. An apprentice plumber shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301r(1).

(3) Subcontracting and Hiring. An apprentice plumber shall not subcontract with or employ any individual to perform work requiring a license under this rule.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301s Plumbing Trade -- Journeyman Plumber License

The scope of practice for a Journeyman Plumber license under Code Subsection 58-55-301(2)(n) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(36).

(2) Inclusions and Exclusions. A journeyman plumber shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301s(1).

(3) Subcontracting and Hiring. A journeyman plumber shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a journeyman plumber's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301t Plumbing Trade -- Master Plumber

The scope of practice for a Master Plumber license under Code Subsection 58-55-301(2)(p) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(38).

(2) Inclusions and Exclusions. A master plumber shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301t(1).

(3) Subcontracting and Hiring. A Master Plumber shall not subcontract with or employ any individual to perform work requiring a license under this rule however, this rule shall not be construed to limit a master electrician's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301u Plumbing Trade -- Residential Journeyman Plumber

The scope of practice for a Residential Journeyman Plumber license under Code Subsection 58-55-301(2)(t) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(46).

(2) Inclusions and Exclusions. A Residential Journeyman Plumber shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301u(1).

(3) Subcontracting and Hiring. A residential journeyman plumber shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a residential journeyman plumber's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301v Plumbing Trade -- Residential Master Plumber

The scope of practice for a Residential Master Plumber license under Code Subsection 58-55-301(2)(v) is defined in this subsection.

(1) Scope. A licensee under this subsection may perform all work defined in Subsection 58-55-102(48).

(2) Inclusions and Exclusions. A Residential Master Plumber shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301v(1).

(3) Subcontracting and Hiring. A residential master plumber shall not subcontract with or employ any individual to perform work requiring a license under this rule, however, this rule shall not be construed to limit a residential master plumber's ability to supervise apprentices under Section 58-55-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301w Specialty Contractors -- R101 Residential and Small Commercial Non Structural Remodeling and Repair

The scope of practice for an R101 -- Residential and Small Commercial Non Structural Remodeling and Repair license under Code Subsection 58-55-301(2)(q) is defined in this subsection.

(1) Scope. A licensee under this subsection may remodel or repair any existing structure built for support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind subject to the limitation in Subsection R156-55a- 301w(2).

(2) Exclusions. The scope described in Subsection R156-55a-301w(1) does not include:

(a) changes to the bearing portions of the existing structure, including footings, foundation, and weight bearing walls; and

(b) any project, or related series of projects costing, in total, more than $50,000 total including materials and labor.

(3) Subcontracting and Hiring. An R101 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in this Subsection R156-55a-301w(1).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301x Specialty Contractors -- S260 Asphalt and Concrete Contractor

The scope of practice for an S260 -- Asphalt and Concrete Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may fabricate, construct, mix, batch, inject, spray, resurface, seal, and install asphalt, asphalt overlay, chip seal, fog seal, slurry seal, concrete, gunnite, grouting, coatings, sealant, and related concrete products, along with placing and setting screeds for pavement for flatwork, the construction of forms, shoring material, placing and erection of bars for reinforcing and application of plaster and other cement-related products.

(2) Inclusions and Exclusions. The scope described in Subsection 301x(1) includes:

(a) excavating, grading, compacting, and laying of fill or other related base;

(b) painting or coating the surfaces, including striping, directional, and other types of symbols or letters; and

(3) Subcontracting and Hiring. An S260 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301x(1).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301y Specialty Contractors -- S410 Boiler, Pipeline, Waste Water, and Water Conditioner Contractor

The scope of practice for an S410 - Boiler, Pipeline, Waste Water, and Water Conditioner Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may:

(a) Fabricate, construct, and install pipes, conduit, or cables for the conveyance and transmission from one station to another of products such as water, steam, gases subject to Section R156-55a-308b, chemicals, slurries, other substances consistent with industry standards, data or communications, geothermal systems, or solar thermal systems up to where the system interfaces with any other plumbing system;

(b) insulate pipes, ducts, and conduits;

(c) install above and below ground storage tanks, piping, dispensing equipment, monitoring equipment, and associated temperature-control or other equipment for any petroleum, petro-chemical, water, steam, chemicals, slurries, oil, gases except for natural gas which requires a Certified Natural Gas Technician certificate holder, or other substances for which the handling, storage, maintenance, use, or disposal is regulated by law;

(d) install fire-tube and water-tube power boilers and hot water heating boilers, including fittings and piping, valves, gauges, pumps, radiators, converters, fuel oil tanks, fuel lines, chimney flues, heat insulation and other devices, apparatus, and equipment related thereto, in a system not connected to the culinary water system, or connected to the culinary water system but separated from the culinary water system by a backflow prevention device;

(e) install water conditioning equipment and only such pipe and fittings as are necessary for connecting the water conditioning equipment to the water supply system within the premises;

(f) install sewer, sewer lines, sewage disposal, septic tank, drainage, and the construction of sewage disposal plants and appurtenances thereto.

(2) Inclusions and Exclusions. The scope described in Subsection 301y(1) includes:

(a) Incidental excavation, cabling, horizontal boring, grading, trenching, backfilling, concrete work, or asphalt work necessary for construction of any work related to this scope of practice; and

(b) installation of a backflow preventer device, if during each renewal period the licensee completes at least two of their six required Section R156-55a-303b continuing education hours in continuing education directly related to backflow installation.

(c) Work related to natural gas if the individual performing such work has received natural gas technician certification under Section R156-55a-308b.

(3) Subcontracting and Hiring. An S370 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301y(1) except holders of an S410 -- Boiler, Pipeline, Waste Water, and Water Conditioner Contractor may hire or subcontract a Certified Natural Gas Technician for work with natural gas that requires an RMGA certificate holder under Section R156-55a-308b.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-301z Specialty Contractors -- S220 Carpentry and Flooring Contractor

The scope of practice for an S220-- Carpentry and Flooring Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may construct, fabricate, install, place, tie, weld, or repair using:

(a) wood, wood products, metal, aluminum, metal products, metal studs, vinyl materials, plastic, rubber, fiberglass, polyethylene, thermoplastic polymers, countertops, cabinets, millwork, garage doors, doors, trim, tub liners, wall systems, partitions, or other wood, plastic, rubber, or metal composite or any composite that is by custom and usage accepted in the building industry as carpentry for structural, non-structural, and finish purposes;

(b) metal or steel structures and sheet metal, including metal cornices, marquees, metal soffits, flashings, skylights, and skydomes;

(c) metal structural studs and bearing walls, reinforcing bars, erecting shapes, plates of any profile, perimeter cross- section that are used in structures, including riveting, welding, and rigging;

(d) laminate, tile, cement, wood, synthetic wood, or similar flooring product, including prefinished and unfinished material, sanding, staining and finishing of new and existing flooring, the underlayment, and subfloors; and

(e) mechanical insulation of pipes, ducts, or conduits.

(2) Inclusions and Exclusions. The scope described in Subsection 301z(1) includes incidental concrete work and footings, grading, and surface preparation related to this scope of work.

(3) Subcontracting and Hiring. An S220 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301z(1).

R156-55a-301aa. Specialty Contractors -- S270 Drywall, Paint, and Plastering Contractor.

The scope of practice for an S270 -- Drywall, Paint, and Plastering Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may construct, install, fabricate, and apply drywall, gypsum, wallboard panels and assemblies, lightweight metal and non-bearing wall partitions, ceiling tile and panels, and the grid system required for placement, including:

(a) insulating media in buildings and structures for temperature control, sound control, fireproofing, mechanical insulation of pipes, ducts, or conduits;

(b) stucco, stucco to lathe, plaster, and other surfaces; and

(2) Inclusions and Exclusions. An S270 licensee shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301aa(1).

(3) Subcontracting and Hiring. An S270 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301aa(1).

R156-55a-301ab. Specialty Contractors -- R200 Factory Built Housing Contractor.

The scope of practice for an R200 -- Factory Built Housing Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may disconnect, setup, install, or remove manufactured housing on a temporary or permanent basis.

(2) Inclusions and Exclusions. The scope described in Subsection 301ab(1)

(a) Includes:

(i) placing the manufactured housing on a permanent or temporary foundation;

(ii) securing the units together if required;

(iii) securing the manufactured housing to the foundation;

(iv) connecting the utilities from the near proximity, such as a meter, to the manufactured housing unit; and

(v) construction of foundations of less than four feet six inches in height;

(b) Excludes:

(i) preparation or finishing;

(ii) excavation of the ground in the area where a foundation is to be constructed, back filling, and grading around the foundation;

(iii) construction of foundations of more than four feet six inches in height; and

(iv) construction of utility services from the utility source, to and including the meter or meters if required, or if not required to the near proximity of the manufactured housing unit from which they are connected to the unit.

(3) Subcontracting and Hiring. An R200 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ab(1).

R156-55a-301ac. Specialty Contractors -- S370 Fire Suppression Systems Contractor.

The scope of practice for an S370-- Fire Suppression Systems Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may layout, fabricate, and install fire protection systems using water, steam, gas, or chemicals.

(2) Inclusions and Exclusions. The scope described in Subsection 301ac(1) does not include:

(a) connecting to a potable sanitary water supply system; or

(b) installation of fire suppression systems in hoods above cooking appliances.

(3) Subcontracting and Hiring. An S370 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ac(1) except holders of P200 or P201 contractor licenses for work otherwise excluded under Subsection R156-55a-301ac(2).

R156-55a-301ad. Specialty Contractors -- S310 Foundation, Excavation, and Demolition Contractor.

The scope of practice for an S310 - Foundation, Excavation, and Demolition Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may:

(a) Move the earth's surface and rock or place earthen materials on the earth's surface, by use of hand or power machinery and tools, including explosives, in any operation of cutting, filling, excavating, grading, trenching, backfilling, smashing, crushing, or combination thereof as they are generally practiced in the construction trade.

(b) Excavating, drilling, compacting, pumping, sealing and other work necessary to construct, alter, or repair piers, piles, footings, and foundations placed in the earth's subsurface to prevent structural settling and to provide an adequate capacity to sustain or transmit the structural load to the soil or rock below.

(c) Raising, cribbing, underpinning, moving, or removal of a building, structure, or matter appurtenant or incidental to any building or structure.

(2) Inclusions and Exclusions. An S310 licensee shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301ad(1).

(3) Subcontracting and Hiring. An S310 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ad(1).

R156-55a-301ae. Specialty Contractors -- S330 Landscape and Recreation Contractor.

The scope of practice for an S330 -- Landscape and Recreation Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may:

(a) Grade and prepare land for architectural, horticultural, or decorative treatment.

(b) Arrange, and plant gardens, lawns, shrubs, vines, bushes, trees, or other decorative vegetation.

(2) Inclusions and Exclusions. The scope described in Subsection 301ae(10)

(a) Includes:

(i) The construction fabrication, or installation of self contained or factory built spas in which all control, water heating and water-circulating equipment is an integral part of the product;

(ii) decorative pools, tanks, or fountains;

(iii) sprinkler systems, and water distribution systems for artificial watering or irrigation, for systems that are not connected to the culinary water system, or that are connected to the culinary water system but separated from the culinary water system by an existing backflow prevention device to which the licensee may connect the system or installed by the licensee provided that during each renewal period the licensee completes at least two of their six continuing education hours under Subsection R156-55a-303b(1)(c) in continuing education related to backflow installation;

(iv) metal fireboxes, fireplaces, and wood or coal-burning stoves, including the installation of venting and exhaust systems, if the individual performing the installation is a Certified Natural Gas Technician;

(v) retaining walls, except for retaining walls to hold vehicles, structures, equipment or other non-natural fill materials within the area located within a 45 degree angle from the base of the retaining wall to the level of where the additional weight bearing vehicles, structures, equipment or other non-natural fill materials are located;

(vi) pergolas, patios, patio areas, and decking, including the deck structure and substructure;

(vii) hothouses, greenhouses, walks, and garden lighting of class two or class three power-limited circuits as defined in the National Electrical Code;

(viii) flag poles, fences, guardrails, handrails, and barriers;

(ix) sports and athletic courts, ranges, and fields including football fields, tennis courts, racquetball courts, handball courts, basketball courts, bowling alleys, shooting ranges, running tracks, playgrounds, playground equipment, rock climbing walls, or any similar court, field, surface, or related components; includes poles, standards, surface painting or coatings, floors, floor subsurface, wall surface, perimeter walls, perimeter fencing, scoreboards, or other equipment; and

(x) incidental concrete, excavation, or asphalt work related to this scope of practice.

(b) Excludes:

(i) any electrical trade work described in Subsection 58-55-102(18)(a) and electrical work as defined Subsection R156- 55b-102(1), however, nothing in this subsection will be interpreted to prevent an S330 -- Landscape and Recreation Contractor for performing minor electrical work incidental to a mechanical or service installation when wiring is extended to no more than 10 feet from an existing outlet or disconnect and does not exceed 120 volts and 20 amperes as described in Subsection 58-55- 102(18)(b)(vi);

(ii) Any plumbing work not otherwise described in Subsection R156-55a-301ae(2)(a); or

(iii) Any natural gas-related work.

(3) Subcontracting and Hiring. An S330 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ae(1) except holders of the following licenses:

(a) E200 -- General Electrical Contractor;

(b) E201 -- Residential Electrical Contractor;

(d) P201 -- General Plumbing Contractor;

(e) Any RMGA Certified Individual for work with natural gas requiring an RMGA certificate holder under Section R156-55a-308b.

R156-55a-301af. Specialty Contractors -- S230 Masonry, Siding, Stucco, Glass, and Rain Gutter Contractor. Contractor.

The scope of practice for an S230 -- Masonry, Siding, Stucco, Glass, and Rain Gutter Contractor. Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may construct, fabricate, and install:

(a) siding, stucco, stucco to lathe, plaster, glass, glass substitutes, glass-holding members, rain gutters, drains, roof flashings, gravel stops, and metal ridges;

(b) natural or synthetic stone, onyx, ceramic, granite, onice, corian, brick, block, forms, brick substitutes, clay, concrete blocks, terra-cotta, marble, tile, gypsum tile, glass block, clay tile, copings, plastic refractories, and castables; and

(2) Inclusions and Exclusions. An S230 licensee shall ensure all work performed under this subsection is within the scope listed in Subsection R156-55a-301af(1).

(3) Subcontracting and Hiring. An S230 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301af(1).

R156-55a-301ag. Specialty Contractors -- B200 Modular Unit Installation Contractor.

The scope of practice for an B200 -- Modular Unit Installation Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may set up or install a modular unit as defined in Subsection 15A-1- 302(12) and constructed in accordance with Section 15A-1-304.

(2) Inclusions and Exclusions. The scope described in Subsection R156-55a-301ag(1):

(a) includes construction of the permanent or temporary foundations, placement of the modular unit on a permanent or temporary foundation, securing modular units together if required, and securing the modular unit to the foundation; and

(b) excludes installing factory built housing and connection of required utilities.

(3) Subcontracting and Hiring. A B200 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ag(1).

R156-55a-301ah. Specialty Contractors -- S354 Radon Mitigation Contractor.

The scope of practice for an S354 - Radon Mitigation Contractor as a specialty contractor license under Subsection 58- 55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may layout, fabricate, and install radon mitigation systems.

(2) Inclusions and Exclusions. The scope described in Subsection 301ah(1) excludes work:

(a) on heat recovery ventilation or makeup air components; and

(b) electrical work.

(3) Subcontracting and Hiring. An S354 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ah(1) except holders of the following licenses:

(a) an H100 -- HVAC Contractor for work on heat recovery ventilation or makeup air components; or

(b) an E200 General Electrical Contractor or E201 Residential Electrical Contractor for electrical work provided such work falls within the scope of practice for that E200 or E201.

R156-55a-301ai. Specialty Contractors -- S280 Roofing Contractor.

The scope of practice for an S280 - Roofing Contractor as a specialty contractor license under Subsection 58-55- 301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may apply and install asphalt, pitch, tar, felt, flax, shakes, shingles, roof tile, slate, and any other material or materials, or any combination of these materials that use and custom has established as usable for, or that are now used as, water-proof, weatherproof, or watertight seal or membranes for roofs and surfaces.

(2) Inclusions and Exclusions. The scope described in Subsection 301ai(1) includes:

(a) any material attached to the roof;

(b) roof conversion;

(d) installation of electrical skylights, if the electrical connection is performed by an E200 or E201 contractor;

(e) installation of any insulating media in buildings and structures for the sole purpose of temperature control, sound control, fireproofing, and mechanical insulation of pipes, ducts, or conduits; and

(f) incidental work including the installation of a roof clamp ring to the roof drain.

(3) Subcontracting and Hiring. An S280 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ai(1) except an E200 General Electrical Contractor or E201 Residential Electrical Contractor for electrical work provided such work falls within the scope of practice for that E200 or E201 licensee for that work.

R156-55a-301aj. Specialty Contractors -- S440 Sign Installation Contractor.

The scope of practice for an S440 - Sign Installation Contractor as a specialty contractor license under Subsection 58- 55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may fabricate, install, and erect electrical or non-electrical signs and graphic displays that require installation permits or permission issued by state or local government jurisdictions.

(2) Inclusions and Exclusions. The scope described in Subsection 301aj(1):

(a) requires all signs and graphic displays be fabricated, installed, and erected in accordance with professionally engineered specifications and wiring in accordance with the National Electrical Code; and

(b) excludes any electrical trade work described in Subsection 58-55-102(18)(a) and electrical work as defined Subsection R156-55b-102(1).

(c) Nothing in Subsection R156-55a-301aj(2)(b) will be interpreted to prevent an S440 licensee from performing minor electrical work incidental to a mechanical or service installation when wiring is extended to no more than 10 feet from an existing outlet or disconnect and does not exceed 120 volts and 20 amperes as described in Subsection 58-55-102(18)(b)(vi).

(3) Subcontracting and Hiring. An S440 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301aj(1) except holders of An S440 Sign Installation Contractor may hire or subcontract an E200 General Electrical Contractor or E201 Residential Electrical Contractor for electrical work provided such work falls within the scope of practice for that E200 or E201 licensee for that work.

R156-55a-301ak. Specialty Contractors -- S202 - Solar Photovoltaic Contractor.

The scope of practice for an S202 - Solar Photovoltaic Contractor as a specialty contractor license under Subsection 58- 55-301(2)(x) is defined in this subsection.

(1) Scope. A licensee under this subsection may fabricate, construct, install, or replace photovoltaic modules and related components.

(2) Inclusions and Exclusions. The scope described in Subsection 301ak(1) excludes any wiring, connections, and wire methods as governed in the National Electrical Code and Subsection R156-55b-102(1).

(3) Subcontracting and Hiring. An S202 licensee providing services under this Chapter may not subcontract or hire any person to perform work on a project outside the scope defined in Subsection R156-55a-301ak(1) except that an S202 licensee may hire or subcontract an E200 General Electrical Contractor or E201 Residential Electrical Contractor for electrical work provided such work falls within the scope of practice for that E200 or E201 licensee for that work.

R156-55a-301al. Specialty Contractors -- S700 Limited Scope License Contractor.

The scope of practice for an S700 -- Limited Scope License Contractor as a specialty contractor license under Subsection 58-55-301(2)(x) is defined in this subsection.

(1) A licensee under this subsection may only perform the specialized construction work granted by the Division to the licensee on a case-by-case basis.

(2) Division approval:

(a) Cannot be considered by the Division until an applicant for this license submits to the Division:

(i) A detailed statement of the contracting work that the applicant proposes to perform;

(ii) an explanation why it is not included in any other classification; and

(iii) any brochures, catalogs, photographs, diagrams, or other materials to further clarify the proposed scope of work.

(b) Is required before the commencement of any work by the applicant.

R156-55a-301am. Specialty Contractor Licensing General Rule.

This Section describes the general rules applicable to all licenses issued under Title 58, Chapter 55, the Utah Construction Trades Licensing Act, and designated as Specialty Licenses defined in Section R156-55a-301w through R156-55a- 301al.

(1) The Division has determined licensing of the specialty contracting work to be in the best interests of the public health, safety or welfare under 58-55-102(53).

(2) Specialty Contractors shall be confined to the field and scope of work designated in this rule.

(3) Unless otherwise stated in this subsection, no person shall hold more than three specialty contractor licenses issued under Sections R156-55a-301w through R156-55a-301al at any one time.

(a) The of specialty contractor licenses held by a person at any given time shall be calculated without regard for any contractor or trade licenses issued under Sections R156-55a-301a through R156-55a-301v.

(b) Applicant's holding three specialty contractor licenses may apply for an additional specialty contractor license at any time provided the applicant identify and agree to surrender at least one specialty license currently held by the applicant concurrent with the issuance of the applicant's requested license.

(c) An R101 Residential and Small Commercial Non-Structural Remodeling and Repair specialty contractor licensee under Section R156-55a-301w shall hold no other specialty contractor license.

R156-55a-301an. Activities Exempt from Licensing.

(1) The following activities are determined to not significantly impact the public health, safety, and welfare, and therefore do not require a contractor license:

(a) Sandblasting;

(b) pumping services;

(d) installation of a satellite dish or communication device on or within a building, including for phone, internet, or television requiring;

(e) installation of class two or class three power-limited circuits as defined in the National Electrical Code;

(f) construction of utility sheds, gazebos, or other similar items that are personal property and not attached to:

(i) a residential or commercial building; or

(ii) a foundation;

(g) building cleaning, sanitizing, and window washing, including power washing;

(h) central vacuum systems installation;

(i) concrete cutting;

(j) interior decorating;

(k) wall paper hanging;

(l) installation of drapery, blinds, shutters, or other window coverings;

(m) welding on personal property that is not attached;

(n) chimney sweepers other than repairing masonry;

(o) carpet, vinyl sheet tile, or vinyl plank floor installation;

(p) artificial turf installation;

(q) general cleanup of a construction site that does not include demolition or excavation;

(r) installation or removal of weather-stripping but does not include moisture vapor barriers;

(s) fabrication, installation, or removal of mirrors;

(t) construction, installation, or removal of awnings and canopies, including attached or detached;

(u) pallet racking, conveyors, conveyor belts, conveyor systems, or metal shelving, whether attached or detached to the structure, excluding plumbing and electrical work;

(v) seismic strapping for pipes, appliances, and water heaters;

(w) dustless blasting;

(x) lock-smithing, including installation or repair of door locks, door access controls, or other door or cabinetry hardware;

(y) construction or installation of remote yurt or membrane-covered frame structures as defined in Subsection 15A-1- 202(16);

(z) installation of art and artwork, including sculpture, that is not part of the structural components or a building or structure;

(aa) installation of standalone solar systems that do not tie into premises wiring or into the electrical utility; and

(bb) lawn aeration, fertilizing, power raking, and dethatching.

(2) The following activities are determined to not significantly impact the public health, safety and welfare beyond the regulations by other agencies, and therefore do not require a contractor license:

(a) lead removal regulated by the Department of Environmental Quality;

(b) asbestos removal regulated by the Department of Environmental Quality; and

(3) Nothing in Section R156-55a-301an shall be construed as a waiver of licensing requirements for work performed within the scope of Sections R156-55a-301a through 301am.

(4) Nothing in Section R156-55a through 301an shall be construed as a waiver of any statutory or regulatory requirements imposed by other agencies of the state or federal government incidental to the work described.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302a Qualifications for Licensure - Examinations

(1) Except for the H100 Qualifiers examination requirements under Section R156-55a-302g, no examination is required for the qualifier of an applicant for licensure as a contractor except for the Utah Contractor Business and Law Examination for the classifications in Subsection 58-55-302(1)(c)(ii).

(2) An applicant who fails an examination may retake the failed examination as follows:

(a) no sooner than 30 days following any failure, up to three failures; and

(b) no sooner than six months following any failure thereafter.

(3) The Utah Contractor Business and Law Examination is not required for an applicant for licensure by endorsement under Section 58-1-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302g Requirements for H100 Qualifier

(1) Division to Designate H100 Qualifiers. An individual may act as H100 Qualifier under Subsection R156-55a- 301g(3)(a) in one of two ways:

(a) Grandfather Clause. An Interim H100 Qualifier as defined under Subsection R156-55a-102(9), may act as the qualifier for an H100 Contractor under Subsection R156-55a-301g(3)(a) until November 30, 2027.

(i) Between March 1, 2026 and November 30, 2027, an Interim H100 Qualifier may petition the Division to become a regular H100 Qualifier by submitting proof that the individual is a Certified Natural Gas Technician under Subsections R156- 55a-102(1) and Section R156-55a-308b, or is otherwise licensed to install, modify, maintain, clean, repair or replace gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliances.

(ii) End of Grandfathering Period. An H100 HVAC Contractor operating with an Interim Certified H100 Qualifier after November 30, 2027 that has not provided to the Division the documentation required under Subsection R156-55a- 302g(1)(a) is engaged in unprofessional conduct under Section 58-55-502.

(iii) An Interim H100 Qualifier that fails to provide the Division the documentation required under Subsection R156- 55a-302g(1)(a) by 11:59 pm on November 30, 2027, shall be required to apply to become an H100 Qualifier under Subsection R156-55a-302g(1)(b).

(iv) Nothing in this subsection shall be interpreted as allowing an H100 HVAC Contractor with an Interim H100 Qualifier to perform work described under Section R156-55a-308b without Certified Natural Gas Technicians.

(b) By Application. An individual may petition the Division to be designated as an H100 Qualifier after meeting the terms of Subsection 58-55-302(3)(n) and Subsections R156-55a-302g(2) through R156-55a-302g(4), as an H100 Qualifier applicant.

(2) Experience Requirements. This subsection describes the HVAC Specific Experience required by an H100 Qualifier applicant.

(a) An H100 Qualifier applicant:

(i) shall have completed a total of 4,000 hours over no more than a five year period as an employee of one or more licensed contractors designated as H100, B100, S350, P200, or P201 where at least 90% of the H100 Qualifier applicant's work load was directly related to HVAC work supervised under the terms described in Subsection R156-55a-302g(2)(b); or

(ii) shall be licensed by the Division as a:

(A) Journeyman plumber;

(B) master plumber;

(D) residential master plumber.

(b) Supervision. This subsection describes the supervision requirements of H100 Qualifier applicants under Subsection R156-55a-302g(2)(a)(i).

( i) During the period described in this subsection, an H100 Qualifier applicant shall be directly supervised by an H100 Qualifier, as defined in Subsection R156-1-102a(1)(a) and free of actual or apparent conflicts of interest as defined in Subsection R156-55a-102(5).

(ii) A supervisor may not certify applicant hours of supervised work unless the supervision of such work was done free of actual or apparent conflicts of Interest.

(iii) During the period of supervision described in this subsection, an H100 Qualifier applicant may not install, modify, maintain, clean, repair or replace gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliances unless one of the following conditions are met:

(A) The H100 Qualifier applicant is a Certified Natural Gas Technician and is directly or indirectly supervised by the supervisor during the work; or

(B) The supervisor of the H100 Qualifier applicant is a Certified Natural Gas Technician and is directly supervised during the work.

(3) Examination. An H100 Qualifier applicant shall successfully pass the following licensing examinations:

(a) Utah Contractor Business and Law Examination under Section R156-55a-302a; and

(b) the Utah HVAC written examination with a score of at least 70% before submitting the petition described in Subsection R156-55a-302g(4).

(4) Application Requirements. An H100 Qualifier applicant shall submit a petition to become an H100 Qualifier consistent with forms provided by the Division. An H100 Qualifier applicant is responsible for providing adequate, accurate, and verifiable information to demonstrate completion of the requirements listed in Subsections R156-55a-302g(1) through 302g(3), which may include:

(a) Tax documents showing employment by a licensed H100 HVAC Contractor during the period the H100 Qualifier applicant is attesting to have received HVAC experience under Subsection R156-55a-302g(2);

(b) Affidavits from HVAC Contractors or supervisors for which the H100 Qualifier applicant received HVAC experience under Subsection R156-55a-302g(2); and

(c) An attestation under oath by the H100 Qualifier applicant that the work performed met the criteria required under Subsections R156-55a-302g(2)(a).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302a Qualifications for Licensure - Examinations

(1) Under Subsection 58-55-302(1)(c), no examination is required for the qualifier of an applicant for licensure as a contractor except for the Utah Contractor Business and Law Examination for the classifications in Subsection 58-55- 302(1)(c)(ii).

(2) An applicant who fails an examination may retake the failed examination as follows:

(a) no sooner than 30 days following any failure, up to three failures; and

(b) no sooner than six months following any failure thereafter.

(3) The Utah Contractor Business and Law Examination is not required for an applicant for licensure by endorsement under Section 58-1-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302b Qualifications for Licensure - Experience Requirements

(1) "Experience in the construction industry" as defined in Subsection 58-55-302(1)(e)(ii) is more broad in scope than the definition of "construction trade" in Subsection 58-55-102(11), and includes experience obtained:

(a) in the construction industry regardless if paid as a W-2, or as an owner, and regardless of whether licensed or exempt;

(b) while performing construction activities in the military or for a railroad corporation; or

(2)(a) "Two years full-time paid employment" as defined in Subsection 58-55-302(1)(e)(ii)(A), is a total of 4,000 hours paid employment.

(b) The following shall satisfy the experience requirement in Subsection 58-55-302(1)(e)(ii)(A):

(i) a passing score on the NASCLA Accredited Examination for Commercial General Building Contractors;

(ii) a four-year bachelor's degree or a two-year associate degree in Construction Management from a program or institution recognized by the United States Department of Education; or

(iii) a Utah professional engineer license.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302d Qualifications for Licensure - Proof of Insurance and Registrations

(1) Under Subsection 58-55-302(2)(b), an applicant for licensure shall file with the Division proof of liability insurance and workers compensation insurance described in this section.

(a) liability insurance in force that includes:

(i) the policy number, the expiration date of the policy, the insurance company name and contact information, and coverage amounts of at least $1,000,000 for each incident and $2,000,000 in total;

(ii) the Division named as a certificate holder;

(iii) that provides coverage for the scope of work performed;

(iv) that is in force for the entire duration of licensure.

(b) either:

(i) workers' compensation insurance in force that names the Division as a certificate holder, includes the policy number, the expiration date of the policy, the insurance company name and contact information; or

(ii) an affidavit that the applicant does not hire employees and is therefore exempt from the requirement to have workers' compensation insurance as evidenced by a valid Workers' Compensation Coverage Waiver issued by the Utah Labor Commission.

(2) A Licensee shall update the Division immediately regarding any materials changes to the policies listed in Subsection R156-55a-302d(1) during the licensing period.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302e Requirements for Construction Trades Instructors, Schools, and Colleges

Under Subsection 58-55-302(1)(f), a school that provides instruction to students by engaging in the construction trade for the public as part of the instruction shall be a Utah licensed contractor with an active qualifier in the classification for the scope of practice in which the students are being instructed.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-302f Pre-licensure Education - Standards

(1) The 25-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iii) and the five-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iv) shall be completed by the qualifier for a contractor license applicant.

(a) Any approved 20-hour pre-licensure course completed by the qualifier before November 30, 2017 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-licensure course requirements in Subsections 58-55-302(1)(e)(iii) and (iv).

(b) Any approved 25-hour pre-license course completed by the qualifier before July 1, 2019 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-license course requirements in Subsections 58-55-302(1)(e)(iii) and (iv).

(2) The 25-hour course may include a provider-administered exam at the end of the course for no additional fee, and shall include the following topics and hours of education relevant to the practice of the construction trades consistent with the laws and rules of this state:

(a) 15 hours of financial responsibility instruction that includes the following:

(i) record keeping and financial statements;

(ii) payroll, including:

(A) payroll taxes;

(B) worker compensation insurance requirements;

(D) professional employer organization alternatives;

(E) prohibitions regarding paying employees on 1099 forms as independent contractors, unless licensed or exempted;

(F) employee benefits; and

(G) Fair Labor Standard Act;

(iii) cash flow;

(iv) insurance requirements including auto, liability, and health; and

(v) independent contractor licensure and exemption requirements;

(b) six hours of construction business practices that includes the following:

(i) estimating and bidding;

(ii) contracts;

(iii) project management;

(iv) subcontractors; and

(v) suppliers;

(i) licensing laws;

(ii) Occupational Safety and Health Administration (OSHA);

(iii) Environmental Protection Agency (EPA); and

(iv) consumer protection laws; and

(d) two hours of mechanic lien fundamentals that include the State Construction Registry.

(3) The five-hour course shall include five hours of education on the topics covered in the Utah Contractor Business and Law Examination. The five-hour course may include a provider-administered exam at the end of the course for no additional fee.

(4) Under Subsections 58-55-102(7) and 58-55-302(1)(e)(iii) and (iv), an approved pre-licensure course provider shall offer the 25-hour and five-hour course:

(a) at least 12 times per year;

(b) shall comply with Subsection 58-55-102(7)(b); and

(c) except as necessary to meet the requirements of Subsection 58-55-102(7)(b), is not obligated to provide a course if the provider determines enrollment is not sufficient to break even on cost.

(5) A pre-licensure course shall meet the following standards:

(a) Each hour of pre-licensure course credit shall consist of 50 minutes of education in the form of live lectures or training sessions. Time allowed for lunches or breaks may not be counted as part of the course time for which course credit is issued.

(b) The learning objectives of the pre-licensure course shall be reasonably and clearly stated.

(c) The pre-licensure course shall be presented in a competent and well-organized manner consistent with the stated purpose and objective of the program. The student shall demonstrate knowledge of the course material.

(d) The pre-licensure course shall be prepared and presented by individuals who are qualified by education, training or experience.

(e) A pre-licensure course may not be taught by distance learning, internet course, or home study course.

(f) The provider shall have a competent method of registration and verification of attendance of individuals who complete the pre-licensure education.

(g) The provider shall provide or develop a pre-licensure course curriculum and study guide for the pre-licensure course, and have them pre-approved by the Commission and the Division before use.

(h) The pre-licensure education course may be taught by live broadcast if:

(i) the student and the instructor are able to see and hear each other; and

(ii) a representative of the provider is at any remote location to monitor registration and attendance at the course.

(6) The pre-licensure course provider shall provide individuals completing the pre-licensure course a certificate that contains:

(a) the date of the pre-licensure course;

(b) the name of the pre-licensure course provider;

(d) verification of completion; and

(e) the signature of the pre-licensure course provider.

(7) A pre-licensure course provider shall, within seven calendar days, submit directly to the Division verification of attendance and completion on behalf of persons attending and completing the program. This verification shall be submitted on forms approved by the Division.

(8) On a random basis, the Division or Commission may assign monitors to attend a pre-licensure course at no charge to evaluate the course and the instructor.

(9) Each provider shall maintain adequate documentation to prove compliance with this section for at least four years after the end of a pre-licensure course, and make such documentation available for review by the Division or the Commission upon request. Documentation shall include:

(a) the dates of pre-licensure courses that have been completed;

(b) registration and attendance logs of individuals who completed the pre-licensure course;

(d) pre-licensure course handouts and materials.

(10) Under Subsections 58-55-302(1)(e)(iii) and (iv), the following persons are not required to complete the pre- licensure course program:

(a) a person holding a four-year bachelor's degree or a two-year associate degree in Construction Management from a program or institution recognized by the United States Department of Education;

(b) a person holding an active and unrestricted Utah professional engineer license;

(c) a person who is or has been a qualifier on an active and unrestricted Utah contractor license within the past five years; and

(d) a person who qualifies for licensure by endorsement as a contractor pursuant to Section 58-1-302.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-303a Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two year renewal cycle for licensees under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is established in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308l.

(3) Under Subsections 58-55-501(21) and 58-1-308(3)(b)(i) and Section 58-55-302.5, there is established a continuing education requirement for license renewal. Each licensee, or the licensee's qualifier, or an officer, director, or supervising individual, as designated by the licensee, shall comply with the continuing education requirements in Section R156-55a-303b.

(4) Contractors shall renew their license in an online form approved by the Division, except as permitted by the Division in writing.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-303b Continuing Education - Standards

(1) Under Section 58-55-302.5, each licensee shall complete six hours of continuing education during each two-year license term. A minimum of three hours shall be core education; the remaining three hours may be professional education or core education. A minimum of three hours shall consist of live in-class attendance; the remaining three hours may consist of distance learning courses.

(a) Regular attendance by a Commission member on the Construction Services Commission shall satisfy the member's continuing education requirements under Section 58-55-302.5.

(b) An S350 contractor shall complete at least three of their six continuing education hours in continuing education directly related to the installation, repair, or replacement of a heating, ventilation, or air conditioning system.

(c) An S330 or S410 contractor that performs installation of a backflow preventer device shall complete at least two of their six continuing education hours in continuing education directly related to backflow installation.

(d) Contractors with a renewal cycle that ends after January 1, 2020, shall complete at least one of their six continuing education hours in energy conservation.

(e) "Core continuing education" means education related to construction codes, construction laws, job site safety, OSHA 10 or OSHA 30 safety training, governmental regulations pertaining to the construction trades and employee verification and payment practices, finance, bookkeeping, energy conservation, and construction business practices.

(f) "Professional continuing education" means education related to substantive subjects dealing with the practice of the construction trades, including land development, land use, planning and zoning, professional development, arbitration practices, estimating, marketing techniques, servicing clients, personal and property protection for the licensee and the licensee's clients and similar topics.

(g) The following course subject matter is not acceptable as core education or professional education hours:

(i) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(ii) physical well-being or personal development, such as personal and business motivation, stress management, time management, dress for success, or similar subjects;

(iii) presentations by a supplier or a supplier representative to promote a particular product or line of products; and

(iv) meetings held in conjunction with the general business of the licensee or employer.

(h) The Division may defer or waive continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Each hour of credit shall consist of 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes is to allow for breaks.

(b) The course provider shall be specified in Subsection 58-55-302.5(2).

(c) The content of the course shall be relevant to the practice of the construction trades and consistent with the laws and rules of this state.

(d) The learning objectives of the course shall be reasonably and clearly stated.

(e) The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) The course shall be prepared and presented by individuals who are qualified by education, training and experience.

(g) An internet or home study course may be recognized for continuing education if the course verifies registration and participation by means of a test demonstrating that the participant has learned the material. Test questions shall be randomized for each participant. A home study course shall include no fewer than five variations of the final examination, distributed randomly to participants. Home study courses, including the five exam variations, shall be submitted in their entirety to the Division for review. Providers shall track the following:

(i) the amount of time each student has spent in the course;

(ii) what activities the student did or did not access; and

(iii) student's test scores.

(h) The course provider shall:

(i) have a competent method of registration of individuals who completed the course;

(ii) maintain records of attendance available for review by the Division; and

(iii) provide individuals completing the course a certificate that contains the following information:

(A) date of the course;

(B) name of the course provider;

(D) course title;

(E) hours of continuing education credit and type of credit, whether core or professional;

(F) attendee's name; and

(G) signature of the course provider.

(i) A course provided through live broadcast may be recognized for live in-class continuing education credit if the student and the instructor are able to see and hear each other.

(3) The Division may assign monitors at no charge to attend a course for evaluating the course and the instructor.

(4)(a) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for two years from the end of the renewal period for which the continuing education is due.

(b) Each licensee shall ensure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (8). Alternatively, the licensee may submit the course to the continuing education registry for approval and pay any course approval fees and attendance recording fees.

(5) Licensees who lecture in continuing education courses meeting the requirements of Section R156-55a-303b shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(6)(a) The continuing education requirements for electricians, plumbers, and elevator mechanics in Section 58-55- 302.7, if offered by a provider specified in Subsection 58-55-302.5(2), shall satisfy the contractor continuing education requirements of Section 58-55-302.5 and this section.

(b) The contractor licensee shall assure that the course provider has submitted the verification of the electrician's, plumber's or elevator mechanic's attendance on behalf of the licensee to the continuing education registry as specified in Subsection (8).

(7) A course provider shall submit continuing education courses to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

(8) The Division shall review continuing education courses that have been submitted through the continuing education registry and shall approve only those courses that meet the standards of this section.

(9) As provided in Section 58-1-401 and Subsections 58-55-302.5(2) and 58-55-302.7(4)(a), the Division may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the approval of any course or provider, if the course or provider fails to meet any of the requirements of this section or the provider has engaged in unlawful or unprofessional conduct.

(10) The Division shall designate an entity to act as the Continuing Education Registry, and the Continuing Education Registry in consultation with the Division and the Commission, shall:

(a) through its internet site electronically receive applications from continuing education course providers, and submit to the Division for review and approval only those applications from programs that meet the standards of this section;

(b) publish on their website listings of continuing education programs that have been approved by the Division, and that meet the standards for continuing education credit under this rule;

(d) maintain accurate records of verification of attendance and completion, by individual licensee, that the licensee may review for compliance with this rule; and

(e) make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.

(11) The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-304 Contractor License Qualifiers

(1) The capacity and material authority specified in Subsection 58-55-304(4) includes the following:

(a) Except as allowed in Subsection (1)(b), the qualifier shall receive remuneration for work performed for the contractor licensee for not less than 12 hours of work per week.

(i) If the qualifier is an owner of the business, the remuneration may be in the form of owner's profit distributions or dividends with a minimum ownership of 20% of the contractor licensee.

(ii) If the qualifier is an officer or manager of the contractor licensee, the remuneration shall be in the form of W-2 wages.

(b) The 12 hour minimum in Subsection (1)(a) may be reduced if the total hours worked by the owners and employees is less than 50 hours per week, in which case the minimum may not be less than 20% of the total hours of work performed by all owners and employees of the contractor.

(2)(a) A qualifier may hold up to three specialty classifications described in Section R156-55a-301c, in addition to any classification under Subsections 58-55-301(h) through (k), and (q) through (w), except that an R101 qualifier may not have any other specialty classifications.

(b) A qualifier may change classifications at any time by surrendering a classification, and by applying for any classification for which the qualifier is permitted by law.

(c) A current qualifier may surrender or replace the qualifier's classifications as needed to comply with Subsection (2)(a) at the time of any renewal or reinstatement involving the qualifier.

(3) A qualifier may not act as the qualifier for more than three licensees at any one time, unless:

(a) the qualifier demonstrates by sufficient evidence satisfactory to the Commission and the Division that the qualifier exercises material authority over the businesses; and

(b) the Commission and the Division grant written approval.

(4) A qualifier for an H100 HVAC Contractor shall be a Certified H-100 Qualifier under Section R156-55a-302g, and may hold up to two additional licenses unless otherwise allowed to hold more licenses under Subsection R156-55a-304(3).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-305 Compliance Agency Reporting of Sole Owner Building Permits Issued

Under Subsection 58-55-305(2), a compliance agency that issues building permits to sole owners of property shall submit, within 30 days of issuance, the following information concerning each building permit issued in its jurisdiction, to a Division-designated fax number, email address, or written mailing address:

(1) building permit number;

(2) date issued;

(3) issuing compliance agency's name, address, and phone number;

(4) sole owner's full name, home address, and phone number;

(5) building site subdivision and lot number.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-305a Exempt Contractors Filing Affirmation of Liability and Workers' Compensation Insurance

(1) Under Subsection 58-55-305(1)(h)(ii)(H), a person claiming exemption under Subsection 58-55-305(1)(h) for an individual project or series of related projects with a value greater than $3,000 but less than $7,000 shall file a registration of exemption with the Division that includes:

(a) the identity and address of the person claiming the exemption;

(b) answers to qualifying questions; and

(i) the person has liability insurance in force that includes:

(A) the Division named as a certificate holder;

(B) the policy number, the expiration date of the policy, the insurance company name and contact information, and coverage amounts of at least $1,000,000 for each incident and $3,000,000 in total; and

(ii) that the person:

(A) has workers' compensation insurance in force that names the Division as a certificate holder, includes the policy number, the expiration date of the policy, the insurance company name and contact information; or

(B) that the person does not hire employees and is therefore exempt from the requirement to have workers' compensation insurance as evidenced by a valid Workers' Compensation Coverage Waiver issued by the Utah Labor Commission.

(2) The affirmation required under Subsection (1) shall be reaffirmed on or before November 30 of each odd numbered year.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-306 Contractor Financial Responsibility - Division Audit

Under Subsections 58-55-102(20) and 58-55-302(10)(c) and Section 58-55-306, the Division may consider relevant factors in conducting a financial responsibility audit of an applicant, licensee, qualifier, or any owner, including:

(1) judgments, child support obligations, restitution orders, tax liens, collection actions, bankruptcy schedules, and a history of late payments to creditors, including documentation showing the resolution of any factor under this Subsection (1);

(2) financial statements and tax returns, including the ability to prepare or have prepared competent and current financial statements and tax returns;

(3) a current credit report acceptable to the Division;

(4) an explanation of the reasons for any financial difficulties and how the financial difficulties were resolved;

(5) any of the factors in Section R156-1-302 that relate to failure to maintain financial responsibility;

(6) each of the factors in Subsection (1) regarding the financial history of the owners of the applicant or licensee;

(7) any guaranty agreements provided for the applicant or licensee and any owners; and

(8) any history of prior entities owned or operated by the applicant, licensee, qualifier, or any owner that have failed to maintain financial responsibility.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-308b Natural Gas Technician Certification

(1) Under Subsection 58-55-308(1), the scope of practice in Subsection 58-55-308(2)(a) requiring certification is further defined as the installation, modification, maintenance, cleaning, repair or replacement of the gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliance.

(2) An approved training program shall include the following course content:

(a) general gas appliance installation codes;

(b) venting requirements;

(d) gas line sizing codes;

(e) gas line approved materials requirements;

(f) gas line installation codes; and

(g) methods of derating gas appliances for elevation.

(3) Under Subsection 58-55-308(2)(c)(i), the following programs are approved to provide natural gas technician training, and to issue certificates or documentation of exemption from certification:

(a) Federal Bureau of Apprenticeship Training;

(b) Utah college apprenticeship program;

(d) Rocky Mountain Gas Association; and

(e) Home Builders Association of Utah.

(4) Under Subsection 58-55-308(3), the approved programs in Subsections (3)(b) through (3)(e) shall require program participants to pass the RMGA Gas Appliance Installers Certification Exam, or equivalent exams approved by the Commission established or adopted by a training program, with a minimum passing score of 80%.

(5) Under Subsection 58-55-308(3), an individual who has not completed an approved training program, but has passed the RMGA Gas Exam or approved equivalent exam established or adopted by an approved training program, with a minimum passing score of 80%, or the Utah licensed Journeyman or Residential Journeyman Plumber Exam, with a minimum passing score of 70%, is exempt from the certification requirement in Subsection 58-55-308(2)(c)(i).

(6) An approved program shall issue a certificate, including a wallet certificate, to each person who successfully completes the training program, with the following information:

(a) name of the program provider;

(b) name of the approved program;

(d) date the certification was completed; and

(e) signature of an authorized representative of the program provider.

(7) The following shall constitute documentation of exemption from certification:

(a) certification of completion of training issued by the Federal Bureau of Apprenticeship Training;

(b) current Utah licensed Journeyman or Residential Journeyman plumber license; or

(i) name of the association, school, union, or other organization who administered the exam;

(ii) name of the person who passed the exam;

(iii) name of the exam;

(iv) date the exam was passed; and

(v) signature of an authorized representative of the test administrator.

(8) Each individual engaged in the scope of practice defined in Subsection 58-55-308(2)(a) and Subsection R156-55a- 308b(1), shall carry in their possession documentation of certification or exemption.

(9) An individual is exempt from the requirements of Section R156-55a-308b if under the direct supervision of a Certified Natural Gas Technician.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-311 Reorganization - Conversion of Contractor Business Entity - Ownership for Licensure by Endorsement

(1) A conversion from one form of entity to another form with "Articles of Conversion" filed with and approved by the Utah Division of Corporations and Commercial Code does not require a new contractor application.

(2) Except as provided in Subsection (1), a reorganization of the business entity under which a licensed contractor is licensed shall require application for a new license under the new form of organization or business structure. The creation of a new legal entity constitutes a reorganization, and includes:

(a) a change to a new entity under the same form of business entity; or

(b) a change of the form of business entity between proprietorship, partnership, whether limited or general, joint venture, corporation, or any other business form.

(3) A business entity applying for licensure by endorsement under Section 58-1-302 shall demonstrate that:

(a) at least 50% of the business entity's ownership proposed for the Utah license is the same as the license held in the jurisdiction used for endorsement; and

(b) no more than 50% of the business entity's ownership has changed in the 12 months preceding the date of application.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-312 Inactive License

(1) The requirements for inactive licensure in Subsection R156-1-305(3) shall also include certification that while on inactive status, the licensee will not engage in the construction trades for which the license was issued, except to identify the licensee as an inactive licensee.

(2) A license on inactive status is exempt from the licensure requirements of Subsections 58-55-302(1)(e)(i), 58-55- 302(2)(b) and Section 58-55-302.5.

(3) In addition to the requirements for reactivation of an inactive license in Subsection R156-1-305(5), the licensee shall also:

(a) meet the requirements of:

(i) Section 58-55-302.5;

(ii) Subsection 58-55-302(1)(e)(i); and

(iii) Subsection 58-55-302(2)(b); and

(b) before a license being activated, complete the continuing education required under Section 58-55-302.5, unless it was completed for the last renewal cycle.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-501 Unprofessional Conduct

Under Subsection 58-55-102(48), "unprofessional conduct" includes:

(1) failing to notify the Division with respect to any matter for which notification is required under this rule or Title 58, Chapter 55, Construction Trades Licensing Act, including a change in qualifier, which failure shall be considered by the Division and the Commission as grounds for immediate suspension of the contractor's license;

(2) failing to notify the Division within 10 days of any change of the name, address, phone number, or email address of the qualifier or owners of a licensee;

(3) failing to continuously maintain insurance and registration as required by Subsection 58-55-302(2) and Section R156-55a-302d;

(4) failing to provide within 30 days of a request from the Division or from any person that has a reasonable basis to make a claim on the licensee's insurance policy:

(a) proof of the licensee's insurance coverage;

(b) the name of the licensee's insurance company, policy number, date of expiration, and insurance coverage limits;

(d) a copy of the licensee's worker compensation policy, if required to maintain worker compensation insurance under Utah law; or

(e) any exclusions included in the licensee's insurance policy;

(5) failing to provide the Division, within 30 days of a request, documents, an interview, or other requested information to determine compliance with Title 58, Chapter 55, Utah Construction Trades Licensing Act, or Title 58, Chapter 1, Division of Professional Licensing Act;

(6) refusing, as an electrical or plumbing contractor, to timely and accurately certify the hours of work experience when requested by an electrician or plumber who is or has been an employee;

(7) refusing, as a contractor, to timely and accurately certify the work experience for a contractor application when requested by a current or former employee;

(8) failure of a qualifier, owner, applicant, or licensee to be knowledgeable of the laws and rules applicable to their profession;

(9) failing to timely provide, upon request by any person, a copy of a current license or license number when performing construction trades work;

(10) an owner, qualifier, or licensee advising or instructing any person or applicant, for a fee, concerning an examination required under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for which that owner, qualifier, or licensee was a subject-matter expert of the examination, unless the Division approves in writing of the owner, qualifier, or licensee providing that instruction;

(11) using, hiring, or contracting with a professional employer organization that is not licensed with the Utah Insurance Department;

(12) failure of an employee of a licensee to properly identify the name of their employer when requested by the Division; and

(13) reproducing, communicating, or transmitting any Division-required test content in any form to any person without written permission from the Division.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-502 Penalty for Unlawful Conduct

The penalty for violating Subsection 58-55-501(1) while suspended from licensure shall include the maximum fine under Subsection 58-55-503(4)(h).

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-503 Administrative Penalties

(1) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(2) If multiple offenses are cited on separate citations, the fine shall be the maximum fine for each offense.

(3) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence presented.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-504 Crane Operator Certifications

Under Subsection 58-55-504(2)(a), one of the following certifications is required to operate a crane on commercial construction projects:

(1) a certification issued by the National Commission for the Certification of Crane Operators;

(2) a certification issued by the Operating Engineers Certification Program; or

(3) a certification issued by the Crane Institute of America.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-602 Contractor License Bonds

Under Subsections 58-55-306(1)(b) and 58-55-306(5)(b)(iii), a contractor shall provide a license bond issued by a surety acceptable to the Division in the amount, form, and coverage as follows:

(1) An acceptable surety is one that is listed in the Department of Treasury, Fiscal Service, Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" at the date of the bond.

(2) The coverage of the license bond shall include losses that may occur as the result of the contractor's violation of the unprofessional or unlawful provisions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 55, Utah Construction Trades Licensing Act and Rules R156-1 and R156-55a, including:

(a) failure to maintain financial responsibility;

(b) failure of the licensee to pay its obligations; and

(c) failure of the owners of a licensed unincorporated entity to pay income taxes or self-employment taxes on the gross distributions from the unincorporated entity to its owners.

(3) The Division may review the financial history of the applicant, licensee, qualifier, or any owner, as outlined in Section R156-55a-306, in determining the bond amount required under this section.

(4) If the licensee is submitting a bond under Subsection 58-55-306(5)(b)(iii)(B), the amount of the bond shall be 20% of the annual gross distributions from the unincorporated entity to its owners. As provided in Subsection 58-55-302(10)(c), the Division, in determining if financial responsibility has been demonstrated, may consider the total number of owners, including new owners added as reported under Subsection 58-55-302(10)(a)(i), in setting the amount of the bond required under this subsection.

(5) If the licensee is submitting a bond for any reason other than Subsection 58-55-306(5)(b)(iii)(B), the minimum amount of the bond shall be the greater of:

(a) if a bankruptcy petition has been filed, is pending, or discharged by any owner or qualifier, by the licensee entity, or by any prior entities of the owners or qualifiers within the last three years from the date of application or renewal or request for financial review of the licensee, 30% of the total liabilities listed on all Forms 106 filed with the bankruptcy court for the owners, qualifiers, the licensee entity, and any prior entities of the owners or qualifiers; or

(b) if the total amount of the cumulative outstanding debts, judgments, child support obligations, liens, and obligations owing by the owners, qualifiers, the licensee entity, and any prior entities of the owners and qualifiers, is $1,000 or more, the greater of:

(i) 30% of that total amount; or

(ii)(A) $50,000 for any general contractor classification except the R100 classification;

(B) $25,000 for the R100 classification; or

(6) A higher or lower amount of the bond in Subsection R156-55a-602(5) may be determined by the Division and the Commission as provided in this section.

(7) The bond shall be maintained during licensure until the licensee receives written permission from the Division to discontinue maintaining the bond.

(8) The amount of the bond under Subsection R156-55a-602(5) may be increased by an amount determined by the Commission and Division if the financial, criminal, or disciplinary history of the applicant, licensee, qualifier, or any owner indicates the bond amount is insufficient to reasonably cover risks to the public health, safety and welfare. The Division and Commission may review the financial, criminal, and disciplinary history of the applicant, qualifier, licensee or any owner, as outlined in Section R156-55a-306, in determining the bond amount required.

(9) A contractor may provide a license bond issued by a surety acceptable to the Division in an amount less than the bond amount in Subsection R156-55a-602(5) if:

(a) the contractor demonstrates by clear and convincing evidence that:

(i) the financial history of the applicant, licensee, qualifier, or any owner indicates the bond amount specified is in excess of what is reasonably necessary to cover risks to the public health, safety and welfare;

(ii) the contractor's lack of financial responsibility is due to extraordinary circumstances that the contractor could not control as opposed to general financial challenges that contractors experience; and

(iii) the contractor's scope of practice will be restricted commensurate with the degree of risk the contract presents to the public health, safety, and welfare; and

(b) the Commission and Division approve the amount.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

Utah Admin. Code R156-55a-700 Emergency Contractor Licensing

(1) Under Subsection 58-1-307(4)(g), the Division may exempt or modify licensure requirements or issue an emergency contractor license for any classification and any person or entity, including an apprentice, journeyman, or master plumber or electrician license.

(2) In determining eligibility for an emergency contractor license, or determining any exemption or modification of licensure requirements, the Division may institute, exempt, or waive any contractor licensing requirement, including any scope of practice, under Title 58, Chapter 1, Division of Professional Licensing Act, Title 58, Chapter 55, Utah Construction Trades Licensing Act, and Rules R156-1 and R156-55a.

(3) The Division may issue an emergency contractor license or exempt or modify any licensure requirement, including scope of practice, in any form approved by the Division.

(4) An emergency contractor license or a licensure requirement exemption or modification shall expire as specified by the Division in a notice to the licensee, or in a notice posted on the Division's website, at any time and for any reason.

History

KEY: contractors, occupational licensing, licensing
Date of Last Change: August 7, 2026
Notice of Continuation: June 9, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55- 102(39)(a)

R156-55b Electricians Licensing Act Rule

Utah Admin. Code R156-55b-101 Title -- Authority -- Relationship to Rule R156-1

(1) This rule is known as the "Electricians Licensing Act Rule".

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 55, Utah Construction Trades Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is described in Section R156-1-107.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-102 Definitions

This section establishes definitions to supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 55, Utah Construction Trades Licensing Act.

(1) "Completed a training program of electrical study" as used in Subsections R156-55b-302a(3)(a)(i) and R156-55b- 302a(4)(a)(i) means that the applicant:

(a) attended a minimum of 72 classroom instruction hours each semester; and

(b) passed each class with a score of at least 75%.

(2)(a) "Electrical work" as used in Subsection 58-55-102(18)(a) and in this rule means:

(i) installation, fabrication or assembly of equipment or systems included in Premises Wiring;

(ii) installation of raceway systems used for any electrical purpose; and

(iii) installation of field-assembled systems such as ice and snow melting, pipe-tracing, or manufactured wiring systems.

(b) "Electrical work" does not include:

(i) installation of factory-assembled appliances or machinery that are not part of the Premises Wiring, unless wiring interconnections external to the equipment are required in the field.

(3) "Immediate supervision" as used in Subsections 58-55-102(8), (30), and (38) and this rule means:

(a) for non-residential electrical work, the apprentice and the supervising electrician are physically present on the same project or jobsite, but not required maintain a direct line of sight; and

(b) for residential electrical work, the supervising electrician, when not physically present on the same project or jobsite as the apprentice, is available to provide direction, oversight, inspection, and evaluation of the apprentice's work so as to ensure that the end result complies with applicable standards.

(4)(a) "Minor electrical work incidental to a mechanical or service installation" as used in Subsection 58-55-305(1)(n), means the electrical work involved in installation, replacement, or repair of HVAC equipment, appliances, or machinery that use electrical power, when wiring is extended no more than ten feet from an existing outlet or disconnect intended specifically for the piece of equipment, appliance, or machinery.

(b) Minor electrical work incidental to a mechanical or service installation, as used in Subsection 58-55-305(1)(n), does not include:

(i) modification or repair of Premises Wiring; or

(ii) installation of a disconnecting means or outlet.

(5) "Premises Wiring" means the same as defined in Title 15A, State Construction and Fire Codes Act.

(6) "Residential project" as used in Subsection 58-55-302(3)(j)(iv) pertaining to supervision, means electrical work performed in a one- or two-family dwelling, including townhouses, as determined by Title 15A, State Construction and Fire Codes Act.

(7) "Unprofessional conduct" is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-55b- 501.

(8) "Work commonly done by unskilled labor" as used in Subsection 58-55-102(18)(b)(iii) means work performed by unlicensed persons and includes assisting or handling wire on large wire pulls involving conduit of two inches or larger, when the task is performed under the immediate supervision of a properly licensed Master Electrician, or Journeyman Electrician acting within the scope of their license.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-302a Qualifications for Licensure - Education and Experience Requirements

The education and experience requirements for licensure in Subsection 58-55-302(3) are defined, clarified, or established as follows:

(1) Master Electrician:

(a) An applicant under Subsection 58-55-302(3)(f)(i) shall:

(i) hold a bachelor's or master's degree in electrical engineering from an electrical program accredited by the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology (EAC/ABET); and

(ii) have at least 2,000 hours of work experience as a licensed Apprentice Electrician.

(b) An applicant under Subsection 58-55-302(3)(f)(ii) shall:

(i) hold an associate's degree in applied science from an electrical trade school course of study that meets the requirements of Subsection (5); and

(ii) have at least 4,000 hours of work experience as a licensed Journeyman Electrician.

(c) An applicant under Subsection 58-55-302(3)(f)(iii) shall have at least 8,000 hours of work experience as a licensed Journeyman Electrician.

(2) Residential Master Electrician:

(a) An applicant under Subsection 58-55-302(3)(g)(i) shall have at least 4,000 hours of work experience as a licensed Residential Journeyman Electrician.

(b) An applicant under Subsection 58-55-302(3)(g)(ii) shall:

(ii) have at least 2,000 hours of work experience as a licensed Apprentice Electrician.

(3) Journeyman Electrician:

(a) An applicant under Subsection 58-55-302(3)(h)(i) shall:

(i) have completed a training program of electrical study:

(A) of at least 576 total hours in a program meeting the requirements of Subsection (5); and

(B) the total hours listed in Subsection R156-55b-(3)(a)(i)(A) must be completed in no less than 48 months; and

(ii) have at least 8,000 hours of full-time work experience as a licensed Apprentice Electrician.

(b) An applicant under Subsection 58-55-302(3)(h)(ii) shall have at least 16,000 hours of full-time work experience as a licensed Apprentice Electrician.

(4) Residential Journeyman Electrician:

(a) An applicant under Subsection 58-55-302(3)(i)(i) shall:

(i) have completed a training program of electrical study:

(A) of at least 288 total hours in a program meeting the requirements of Subsection (5); and

(B) the total hours listed in Subsection R156-55b-(4)(a)(i)(A) must be completed in no less than 24 months; and

(ii) have at least 4,000 hours of full-time work experience as a licensed Apprentice Electrician.

(b) An applicant under Subsection 58-55-302(3)(i)(ii) shall have at least 8,000 hours of full-time work experience as a licensed Apprentice Electrician.

(5) Under Subsection 58-1-203(1)(a) and Subsections 58-55-302(3)(f), (3)(h), and (3)(i), an electrical trade school "course of study" and the planned electrical "training program" approved by the Division, mean a program of electrical study that:

(a) includes measures of competency and achievement level for each student;

(b) is approved by the:

(i) Utah Board of Higher Education if the program is based in Utah; or

(ii) by the Division in collaboration with the Electricians Licensing Board if the program based outside of Utah; and

(iii) is listed on the Division's website, dopl.utah.gov/el.

(6) On the job training and instruction shall include measurements of the apprentice's performance in the electrical trade.

(7) Up to 3,000 hours of work experience may be credited for each 12 month period.

(8) As used in Subsection 58-55-302(3) and this rule, the terms "practical electrical experience", "practical experience", "full-time training", and "full-time experience" mean electrical work experience lawfully performed preceding the date of application.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-302b Qualifications for Licensure - Examination Requirements

(1) Under Subsection 58-55-302(1)(c)(i), the exam requirements for licensure are established in this section.

(2) A Master Electrician or Residential Master Electrician applicant shall pass the Utah Master Electrician Law and Rule Exam with a score of at least 75%.

(3) A Journeyman Electrician applicant shall pass:

(a) the Utah Journeyman Electrician Written Exam with a score of at least 75%; and

(b) the Utah Electrician Practical Exam.

(4) A Residential Journeyman Electrician applicant shall pass:

(a) the Utah Residential Journeyman Electrician Exam with a score of at least 75%; and

(b) the Utah Residential Electrician Practical Exam.

(5) An applicant may be admitted to the exams after:

(a) the applicant has completed the requirements for licensure under Section R156-55b-302a;

(b) for a Journeyman Electrician applicant under Subsection R156-55b-302a(3)(a), the applicant has completed:

(i) the program of electrical study; and

(ii) at least 6,000 hours of the required full-time work experience; or

(i) the program of electrical study; and

(ii) at least 3,000 hours of the required full-time work experience.

(6) An applicant who fails an exam may retake that exam:

(a) no sooner than 30 days following any failure, up to six failures; and

(b) no sooner than 120 days following any failure thereafter.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-302c Qualifications - Expedited Licensure

In accordance with Subsection 58-1-203(2) and 58-1-301(3), the requirements for expedited licensure pursuant to Subsections 58-55-302(3)(h)(iii) and 58-55-302(3)(i)(iii) are as follows:

(1) A licensed apprentice electrician may take the approved competency exams, in sequence beginning with 1A and continuing through 4B, to either satisfy the education requirement, or determine placement in a planned program of training approved by the Division.

(2) Division pre-approval is not required to sit for any competency exam.

(3) An applicant shall register directly with the Division's approved exam provider to sit for a competency exam.

(4) An applicant may attempt each competency exam one time.

(5) Admission to the subsequent competency exam is permitted after obtaining a minimum score of 75%.

(6) Placement in a planned program of training is determined when the applicant scores below 75% on the corresponding competency exam.

(7) Upon completion of all qualifying competency exams, the applicant may sit for the Utah journeyman or residential journeyman electrician exams.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 55, the Utah Construction Trades Licensing Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

(3) Under Subsection 58-1-308(3)(b)(i), there is established a continuing education requirement for license renewal. Each licensee shall comply with the continuing education requirements in Section R156-55b-304.

(4) Each licensee shall renew their license in an online form approved by the Division, except as permitted by the Division in writing.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-304 Continuing Education - Standards

Standards for continuing education shall be in accordance with Subsections R156-55a-303b(1)(e) and (2) through (10), except as otherwise provided in this section.

(1) Required Hours. Pursuant to Sections 58-55-302.7 and 58-55-303, each licensee shall complete at least 16 hours of continuing education during each two-year license term. At least 12 hours shall be core education. The remaining four hours may be professional or core education.

(2) "Core continuing education" is defined as eight hours of education covering the National Electrical Code as adopted or proposed for adoption, and four hours of education covering the National Fire Protection Association 70E (NFPA 70E).

(3) "Professional continuing education" is defined as education covering:

(a) Occupational Safety and Health Administration (OSHA), or Mine Safety and Health Administration (MSHA);

(b) electrical motors and motor controls;

(d) supervision skills related to the electrical trade.

(4) The Division may defer or waive continuing education requirements for:

(a) an instructor of a program of electrical study under Subsection R156-55b-302a(5);

(b) a board member who regularly attends the Electricians Licensing Board meetings; or

(5) Provider. A course provider need not be listed in Subsection 58-55-302.5(2), but shall meet the other requirements of this section and be:

(a) a recognized accredited college or university;

(b) a state or federal agency;

(d) a commercial continuing education provider providing a program related to the electrical trade.

(6) Content. Course content shall be relevant to the practice of the electrical trade and consistent with Utah laws and rules.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-305 Licensure by Endorsement

The Division may issue a license by endorsement in accordance with the provisions of Section 58-1-302.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-401 Conduct of Apprentice and Supervising Electrician

The requirements of Subsections 58-55-102(34) and 58-55-302(3)(j) are clarified and established as follows:

(1) An electrical contractor may comply with supervision requirements by contracting with a licensed professional employer organization to employ one or more licensed electricians.

(2) A licensed supervisor may have up to:

(a) two licensed apprentice electricians on a non-residential project; or

(b) three licensed apprentice electricians on a residential project.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-501 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to comply with the supervision requirements established by Subsection 58-55-302(3)(j);

(2) failing to timely provide upon request, the licensee's current electrician license or license number when performing electrical work;

(3) failing to provide proof of completed continuing education within 30 days of the Division's request; or

(4) failing to be knowledgeable of the electrician licensing laws and rules.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

Utah Admin. Code R156-55b-502 Administrative Penalties

(1) The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rule are hereby adopted as the administrative penalties applicable under this rule.

(2) The administrative penalty for a violation of Subsection 58-1-501(2)(o) under this rule shall be in accordance with Section R156-1-502.

History

KEY: occupational licensing, licensing, contractors, electricians
Date of Last Change: August 1, 2025
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)

R156-55c Plumber Licensing Act Rule

Utah Admin. Code R156-55c-101 Title -- Authority -- Organization of Rules

(1) This rule is known as the "Plumber Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 55, Utah Construction Trades Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-102 Definitions

The following definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 55, Utah Construction Trades Licensing Act:

(1) "Immediate supervision" as used in Subsections 58-55-102(9) and (32) means:

(a) for non-residential plumbing work, the apprentice and the supervising plumber are physically present on the same project or jobsite but are not required to maintain a direct line of sight; and

(b) for residential plumbing work, the supervising plumber, when not physically present on the same project or jobsite as the apprentice, is available to provide direction, oversight, inspection, and evaluation of the apprentice's work to ensure that the result complies with applicable standards.

(2)(a) "Minor plumbing work that is incidental" as used in Subsection 58-55-305(1)(k)(i) means repair of residential type Plumbing Appurtenances, Fixtures, or Appliances, provided that no modification is made to:

(i) existing culinary water, soil, waste, or vent piping; or

(ii) a gas appliance or combustion system.

(b) "Minor plumbing work that is incidental" as used in Subsection 58-55-305(1)(k)(i) does not include:

(i) installation or replacement of a water heater; or

(ii) work to include the initial installation of Plumbing Appurtenances, Fixtures, and Systems.

(3) "Plumbing Appliance", "Plumbing Appurtenance", "Plumbing Fixture", and "Pluming System" mean the same as defined the International Plumbing Code, adopted under Subsection 15A-2-103(1)(d) of the State Construction and Fire Codes Act.

(4) "Unprofessional conduct" as defined in Subsection 58-1-501(2)(a) of the Division of Professional Licensing Act and Section 58-55-502 of the Utah Construction Trades Licensing Act and is further defined in Subsection 58-1-203(1)(e), in Section R156-55c-501.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-302a Qualification for Licensure - Education and Experience Requirements

(1) A Master Plumber applicant:

(a) under Subsection 58-55-302(3)(a)(i)(A), shall have at least 4,000 hours of work experience and at least 4,000 hours of supervisory experience as a licensed Journeyman Plumber; or

(b) under Subsection 58-55-302(3)(a)(i)(B), shall:

(i) hold at least an associate of applied science degree or a similar degree, from an institution recognized by the Council for Higher Education Accreditation (CHEA); and

(ii) have at least 2,000 hours of supervisory experience as a licensed Journeyman Plumber.

(2) A Residential Master Plumber applicant:

(a) under Subsection 58-55-302(3)(b)(i), shall have at least 4,000 hours of work experience and at least 4,000 hours of supervisory experience as a licensed Residential Journeyman Plumber; or

(b) under Subsection 58-55-302(3)(b)(ii), shall:

(i) hold at least an associate of applied science degree or a similar degree, from an institution recognized by the CHEA; and

(ii) have at least 2,000 hours of supervisory experience as a licensed Residential Journeyman Plumber.

(3) A Journeyman Plumber applicant:

(a) under Subsection 58-55-302(3)(c)(i), shall have completed at least:

(i) 576 hours of a planned program of training that meets the requirements of Subsection (5); and

(ii) 8,000 hours of full-time work experience as a licensed Apprentice Plumber;

(b) under Subsection 58-55-302(3)(c)(ii), shall have completed at least 16,000 hours of lawful full-time work experience as an Apprentice Plumber; or

(i) at least 2,000 hours of full-time work experience in non-residential plumbing while licensed as an Apprentice Plumber; and

(ii) the fourth year, 144 hours, of a planned program of training that meets the requirements of Subsection (5).

(4) A Residential Journeyman Plumber applicant:

(a) under Subsection 58-55-302(3)(d)(i), shall have completed at least:

(i) 432 hours of a planned program of training that meets the requirements of Subsection (5); and

(ii) 6,000 hours of full-time work experience as a licensed Apprentice Plumber; or

(b) under Subsection 58-55-302(3)(d)(ii), shall produce satisfactory evidence, using a form provided by the Division, that the applicant:

(i) has completed at least 12,000 hours of full-time work experience in a maintenance or repair trade; and

(ii) that at least 9,000 of the required 12,000 hours directly involved the plumbing trade.

(5) Under Subsection 58-1-203(1)(a) and Subsections 58-55-302(3)(c)(ii) and (d)(i), the "planned program of training approved by the Division" means a program of plumbing study that:

(a) includes measures of competency and achievement level for each student;

(b) is approved by the Utah Board of Higher Education, or if the program is out of state, is determined by the Division in collaboration with the Plumbers Licensing Board to be a reputable training program; and

(6) "Completion" of a planned program of training under Subsections 58-55-302(3)(c) and (d) and this rule, means that the applicant:

(a) attended a minimum of 72 classroom instruction hours each semester; and

(b) passed each class with a score of at least 75%.

(7) On the job training and instruction shall include measurements of the apprentice's performance in the plumbing trade.

(8) An applicant may earn up to 3,000 hours during a 12-month period.

(9) As used in Subsections 58-55-302(3)(c) and (d) and this rule, "full-time training," "full-time experience," "work experience," and "full-time work experience" mean work experience that is lawfully performed preceding the date of application, in accordance with applicable licensing and supervision requirements, and may include work experience obtained while exempt from licensure.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-302b Qualifications for Licensure - Examination Requirements

Under Subsection 58-55-302(1)(c), the exam requirements for licensure are established as follows:

(1) a Master Plumber or Residential Master Plumber applicant shall pass the Utah Plumber Law and Rule Exam with a score of at least 75%.

(2) a Journeyman Plumber applicant shall pass:

(a) the Utah Journeyman Plumber Written Exam with a score of at least 70%; and

(b) the Utah Plumber Practical Exam with a score of least 70%.

(3) a Residential Journeyman Plumber applicant shall pass:

(a) the Utah Residential Journeyman Plumber Written Exam with a score of at least 70%; and

(b) the Utah Plumber Practical Exam with a score of at least 70%.

(4) Admission to the exams is permitted after:

(a) the applicant has completed the requirements for licensure in Section R156-55c-302a; or

(b) the Journeyman Plumber applicant under Subsection R156-55c-302a(3)(a) has:

(i) completed the first semester of the fourth year of the planned program of training;

(ii) enrolled in the second semester of the fourth year of the planned program of training; and

(iii) completed at least 6,000 hours of the required full-time work experience.

(5) An applicant who fails an exam may retake that exam:

(a) no sooner than 30 days following any failure, up to six failures; and

(b) no sooner than 120 days following any failure thereafter.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-302c Qualifications - Expedited Licensure

(1) Under Subsection 58-55-302(3)(c)(iii) or 58-55-302(3)(d)(iii), a licensed apprentice plumber may take the approved competency exams, in sequence beginning with 1A and continuing through 2B, to either satisfy the education requirement, or determine placement in a planned program of training approved by the Division.

(2) Division pre-approval is not required to sit for a competency exam.

(3) An applicant may register directly with the Division's approved exam provider to sit for a competency exam.

(4) An applicant may attempt each competency exam one time.

(5) Admission to the subsequent competency exam is permitted after obtaining a minimum score of 70%.

(6) Placement in a planned program of training is determined when the applicant scores below 70% on the corresponding competency exam.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for plumber licensees under Title 58, Chapter 55, Utah Construction Trades Licensing Act is established in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Sections R516-1-308b through R156-1-308l.

(4) Each licensee shall renew their license in an online form approved by the Division, except as permitted by the Division in writing.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-304 Continuing Education

(1) As used in this section:

(a) "Core continuing education" means education covering:

(i) International Building, Mechanical, Plumbing, and International Energy Conservation Codes and Utah building code amendments as adopted or proposed for adoption;

(ii) the Americans with Disability Act;

(iii) medical gas, National Fire Protection Association 13D and 54;

(iv) hydronics and waste water treatment; or

(v) Occupational Safety and Health Administration (OSHA) training.

(b) "Professional continuing education" means education covering:

(i) energy conservation;

(ii) management training;

(iii) new technology;

(iv) plan reading;

(v) lien laws and Utah construction registry; or

(vi) government regulations.

(2) Under Sections 58-55-302.7 and 58-55-303, the 12 hours of continuing education required of a licensed plumber during each two-year renewal cycle shall include at least eight hours of core continuing education, and at least four hours of professional continuing education or core continuing education.

(3) The Division may defer or waive continuing education requirements for:

(a) an instructor of a planned program of training under Subsection R156-55c-302a(5);

(b) a board member who regularly attends the Plumber Licensing Board meetings; or

(4) The standards for continuing education for licensed plumbers are as follows:

(a) a licensee who lectures in continuing education courses meeting the requirements of this section may receive two hours of continuing education for each hour spent lecturing, but lecturing or teaching credit is not available for participation in a panel discussion;

(a) a course provider need not be listed in Subsection 58-55-302.5(2), but shall meet the other requirements of this section and be:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) a commercial continuing education provider providing a program related to the plumbing trade;

(d) except for Subsection R156-55a-303b(2)(b), the continuing education standards in Subsections R156-55a- 303b(1)(g), R156-55a-303b(2) through (4), and R156-55a-303b(7) through (11) are adopted.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-305 Licensure by Endorsement

The Division may issue a license by endorsement in accordance with Section 58-1-302.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-401 Conduct of Apprentice and Supervising Plumber

(1) A plumbing contractor may comply with the supervision requirements of Subsections 58-55-102(34) and 58-55- 302(3)(e) by contracting with a licensed professional employer organization to employ one or more licensed plumbers.

(2) Under Subsections 58-55-102(34) and 58-55-302(3)(e), a licensed supervisor may have up to:

(a) three licensed apprentice plumbers under immediate supervision on non-residential projects; or

(b) three licensed apprentice plumbers under immediate supervision on residential projects.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-501 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to comply with the supervision requirements in Subsection 58-55-302(3)(e);

(2) failing to timely provide upon request, the licensee's current plumber license, or license number when performing plumbing work;

(3) failing to provide proof of completed continuing education within 30 days of the Division's request; and

(4) failing to be knowledgeable of the plumber licensing laws and rules.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

Utah Admin. Code R156-55c-502 Administrative Penalties

The administrative penalties in Sections R156-55a-502 and R156-55a-503 of the Utah Construction Trades Licensing Act Rule are adopted as the administrative penalties under this rule.

History

KEY: occupational licensing, licensing, plumbers, plumbing
Date of Last Change: January 15, 2026
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-201(3)(a); 58-55-103(1)(b)(i)

R156-55d Burglar Alarm Licensing Rule

Utah Admin. Code R156-55d-101 Title

This rule is known as the "Burglar Alarm Licensing Rule".

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55, or this rule:

(1) "Alarm company agent", as defined in Subsection 58-55-102(2), is further defined for clarification to include a direct seller in accordance with 26 U.S.C. Section 3508.

(2) "Conviction", as used in this rule, means criminal conduct where the filing of a criminal charge has resulted in:

(a) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(b) a pending diversion agreement;

(d) a guilty plea;

(e) a finding of guilt based on evidence presented to a judge or jury; or

(f) a conviction which has been reduced pursuant to Section 76-3-402.

(3) "Employee", as used in Subsection 58-55-102(17), means an individual:

(a) whose manner and means of work performance are subject to the right of control of, or are controlled by, an alarm company;

(b) whose compensation for federal income tax purposes is reported, or is required to be reported on a W-2 form

issued by the company;

(c) who is entitled to workers compensation and unemployment insurance provided by the individual's employer per state or federal law; and

(d) who performs services in Utah as an alarm company agent while employed by a licensed alarm company.

(4) "Immediate supervision", as used in this rule, means reasonable direction, oversight, inspection, and evaluation of

the work of a person, in or out of the immediate presence of the supervision person, so as to ensure that the end result complies with applicable standards.

(5) "Sensitive alarm system information, as defined in Subsection 58-55-102(39), is further defined for clarification to include any information that would permit a person to compromise, bypass, deactivate, or disable any part of an alarm system. Sensitive alarm system information does not include knowledge of what is installed in the home nor the location, by general description, of the equipment installed unless the knowledge would permit a person to compromise, bypass, deactivate, or disable any part of an alarm system.

(6) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 55, is further defined, in accordance with Subsection 58-1-203(1), in Section R156-55d-502.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-103 Authority -- Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 55.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-104 Organization -- Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-302a Qualifications for Licensure -- Application Requirements

(1) An application for licensure as an alarm company shall include:

(a) two fingerprint cards containing:

(i) the fingerprints of the applicant's qualifying agent;

(ii) the fingerprints of each of the applicant's officers, directors, shareholders owning more than 5% of the stock of the company, partners, and proprietors; and

(iii) the fingerprints of each of the applicant's management personnel who will have responsibility for any of the company's operations as an alarm company within the state;

(b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and the Bureau of Criminal Identification, Utah Department of Public Safety, for each individual for whom fingerprints are required under Subsection (1)(b); and

Acceptable photo identification shall include:

(i) a driver license issued by a state of the United States of American or Washington, District of Columbia; or

(ii) an identification card issued by the state of Utah.

(2) An application for license as an alarm company agent shall include:

(a) two fingerprint cards containing the fingerprints of the applicant;

(i) a driver license issued by a state of the United States of America or Washington, District of Columbia; or

(ii) an identification card issued by the state of Utah.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-302c Qualifications for Licensure -- Experience Requirements -- Qualifying Agent

In accordance with Subsections 58-1-203(1) and 58-1-301(3) the experience requirements for an alarm company applicant's qualifying agent in Subsection 58-55-302(3)(k)(i) are established as follows:

(1) An applicant shall have within the past ten years:

(a) not less than 6,000 hours of experience in a lawfully operated alarm company business of which not less than 2,000 hours shall have been in a managerial, supervisory, or administrative position; or

(b) not less than 6,000 hours of experience in a lawfully operated alarm company business combined with not less than 2,000 hours of managerial, supervisory, or administrative experience in a lawfully operated construction company.

(2) All experience under Subsection (1) shall be as an employee or in accordance with 26 U.S.C. Section 3508 as a direct seller, and under the immediate supervision of the applicant's employer;

(3) All experience must be obtained while lawfully engaged as an alarm company agent and working for a lawfully operated burglar alarm company.

(4) A total of 2,000 hours of work experience constitutes one year (12 months) of work experience.

(6) No credit shall be given for experience obtained illegally.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-302d Qualifications for Licensure -- Examination Requirements -- Qualifying Agent

In accordance with Subsections 58-1-203(1) and 58-1-301(3), the examination requirements for an alarm company applicant's qualifying agent in Subsection 58-55-302(3)(k)(i)(C) are defined, clarified, or established in that an individual to be approved as a qualifying agent of an alarm company shall:

(1) pass the Utah Burglar Alarm Law and Rule Examination with a score of not less than 75%;

(2) pass the Burglar Alarm Qualifier Examination with a score of not less than 75%; and

(3) an applicant for licensure who fails an examination shall wait 30 days before retaking a failed examination.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-302e Qualifications for Licensure -- Insurance Requirements -- Alarm Company

In accordance with Subsections 58-1-203(1) and 58-1-301(3), the insurance requirements for licensure as an alarm company in Section 58-55-302(3)(k)(x)(A)are defined, clarified, or established as follows:

(1) an applicant for an alarm company license shall file with the Division a "certificate of insurance" issued by an insurance company or agent licensed in the state demonstrating the applicant is covered by comprehensive public liability coverage in an amount of not less than $300,000 for each incident, and not less than $1,000,000 in total;

(2) the terms and conditions of the policy of insurance coverage shall provide that the Division shall be notified if the insurance coverage terminates for any reason; and

(3) all licensed alarm companies shall have available on file and shall present to the Division upon demand, evidence of insurance coverage meeting the requirements of this section for all periods of time in which the alarm company is licensed in this state as an alarm company.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-302f Qualifications for Licensure -- Good Moral Character -- Disqualifying Convictions

(1) In addition to those criminal convictions prohibiting licensure as set forth in Subsections 58-55-302(3)(k)(vii) and (3)(l)(iii), the following is a list of criminal convictions which may disqualify a person from obtaining or holding a burglar alarm company or a burglar alarm company agent's license:

(a) crimes against a person as defined in Title 76, Chapter 5, Parts 1 and 2;

(b) theft/larceny, including retail theft, as defined in Title 76, Chapter 6;

(d) any offense involving controlled substances;

(e) fraud;

(f) forgery;

(g) perjury, obstructing justice and tampering with evidence;

(h) conspiracy to commit any of the offenses listed herein;

(i) burglary

(j) escape from jail, prison or custody;

(k) false or bogus checks;

(l) pornography;

(m) any attempt to commit any of the above offenses; or

(n) two or more convictions for driving under the influence of alcohol within the last three years.

(2) Applications for licensure or renewal of licensure shall be considered on a case by case basis taking into consideration the following:

(a) the conduct involved;

(b) the potential or actual injury caused by the applicant's conduct; and

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-303 Renewal Cycle -- Procedure

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two year renewal cycle applicable to licensees under Title 58, Chapter 55, is established by rule in Section R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-304 Renewal Requirement -- Demonstration of Clear Criminal History

(1) In accordance with Subsections 58-1-203(1), 58-1-308(3)(b), and 58-55-302(4), there is created as a requirement for renewal or reinstatement of any license of an alarm company or alarm company agent a demonstration of clear criminal history for each alarm company qualifying agent and for each alarm company agent.

(2) The criminal history background check shall be performed by the Division and is not required to be submitted by the applicant.

(3) If the criminal background check discloses the applicant has a criminal history, the Division shall evaluate the criminal history in accordance with Sections 58-55-302 and R156-5d-302f to determine appropriate licensure action.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-306 Change of Qualifying Agent

In accordance with Subsection 58-55-304(6), an alarm company whose qualifier has ceased association or employment shall file with the Division an application for change of qualifier on forms provided by the Division accompanied by a record of criminal history or certification of no record of criminal history and a fee established by the Division.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-502 Unprofessional Conduct

(1) "Unprofessional conduct" includes:

(a) failing as an alarm company to notify the Division of the cessation of performance of its qualifying agent or failing to replace its qualifying agent as required under Section R156-55d-306;

(b) failing as an alarm company agent to carry or display a copy of the licensee's license as required under Section R156-55d-601;

(c) failing as an alarm agent to carry or display a copy of his Electronic Security Association (ESA) level one certification or equivalent training as required under Section R156-55d-603;

(d) employing as an alarm company a qualifying agent or alarm company agent knowing that individual has engaged in conduct inconsistent with the duties and responsibilities of an alarm company agent.

(e) failing to comply with operating standards established by rule;

(f) failing as a burglar alarm company or a burglar alarm company agent to report an arrest, charge, indictment, or violation as required by Subsection R156-55d-605;

(g) a judgment on, or a judicial or prosecutorial agreement concerning a felony, or a misdemeanor involving moral turpitude, entered against an individual by a federal, state or local court, regardless of whether the court has made a finding of guilt, accepted a plea of guilty or nolo contendere by an individual, or a settlement or agreement whereby an individual has entered into participation as a first offender, or an action of deferred adjudication, or other program or arrangement where judgment or conviction is withheld;

(h) making false, misleading, deceptive, fraudulent, or exaggerated claims by an alarm company agent; and

(i) an alarm business or company having a residential or commercial false alarm rate 100% above the average of the residential or commercial false alarm rate of the municipality or county jurisdiction in which the alarm business or company's alarm systems are located.

(2) Unprofessional conduct by an alarm company agent, whether compensated as a W-2 employee or compensated in accordance with 26 U.S.C. Section 3508 as a direct seller, may also be unprofessional conduct of the alarm company employing the alarm company agent.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-503 Administrative Penalties

The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rule are hereby adopted and incorporated by reference.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-601 Display of License

An alarm company agent shall carry on his person at all times while acting as an alarm company agent a copy of his license and shall display that license upon the request of any person to whom the agent is representing himself as an alarm company agent, and upon the request of any law enforcement officer or representative of the Division.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-602 Operating Standards -- Alarm Equipment

In accordance with Subsection 58-55-308(1), the following standards shall apply with respect to equipment and devices assembled as an alarm system:

(1) An alarm system installed in a business or public building shall utilize equipment equivalent to or exceeding minimum Underwriters Laboratories, or the National Electrical Code standards for alarm system equipment.

(2) An alarm system installed in a residence shall utilize equipment equivalent to or exceeding minimum Underwriters Laboratories, or the National Electrical Code standards for residence alarm systems.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-603 Operating Standards -- Alarm Installer

In accordance with Subsection 58-55-308(1), the operating standards for the installer of an alarm system include the following:

(1) An alarm agent must be fully trained in the installation of an alarm system in accordance with the Electronic Security Association (ESA) level one certification or equivalent training requirements prior to the alarm agent installing any alarm system in any residence, business, or public building within the state.

(2) An alarm agent upon receiving initial licensure may work under the direct supervision of an alarm agent who has level one certification for a period of six months from the time of initial licensure without being required to hold a level one certificate.

(3) An alarm agent shall carry evidence of the ESA level one certification or equivalent training with him at all times.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-604 Operating Standards -- Alarm System User Training

In accordance with Subsection 58-55-308(1), the operating standards for the installation of an alarm system including the following:

(1) Upon completion of the installation of an alarm system by an alarm company, the installing alarm agent shall review with the alarm user, or in the case of a business with its employees, the operation of the alarm system to ensure that the user understands the function of the alarm system.

(2) The alarm company shall maintain training records, including installer and user false alarm prevention checklists, the dates of the training and the location of the training on each alarm system installed. These records shall be maintained in the files of the alarm company for at least three years from the date of the training.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

Utah Admin. Code R156-55d-605 Operating Standards -- Standards of Conduct

In accordance with Subsection 58-55-302(k)(iii)(B)(vii), the following standards shall apply with respect to notifying the Division of an arrest, charge, indictment, or violation.

(1) A licensed burglar alarm company agent shall notify the licensee's employing burglar alarm company within 72 hours of being arrested, charged, or indicted for any criminal offense above the level of a Class C misdemeanor.

(2) Within 72 hours after receiving notification pursuant to Subsection (1), the employing burglar alarm company shall provide written notification to the Division of the arrest, charge, indictment, or violation.

(3) The written notification required under Subsection (2) shall include:

(a) the employee's name;

(b) the name of the arresting agency, if applicable;

(d) the date of the arrest, charge, indictment, or violation; and

(e) the nature of the criminal offense or violation.

History

KEY: licensing, alarm company, burglar alarms
Date of Last Change: May 1, 2026
Notice of Continuation: January 10, 2022
Authorizing, and Implemented or Interpreted Law: 58-55-101; 58-1-106(1)(a); 58-1-202(1)(a); 58-55-302(3)(k); 58-55- 302(3)(l); 58-55-302(4); 58-55-308

R156-55e Elevator Mechanics Licensing Rule

Utah Admin. Code R156-55e-101 Title

This rule is known as the "Elevator Mechanics Licensing Rule."

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55, or this rule:

(1) "Employee", as used in Subsection 58-55-102(18) and this rule, means an individual providing labor services for compensation who has federal and state taxes withheld and worker's compensation and unemployment insurance provided by the individual's employer.

(2) "Immediate supervision", as used in Subsection 58-55-102(26) and this rule, means reasonable direction, oversight, inspection, and evaluation of the work of a person, in or out of the immediate presence of the supervising person, so as to ensure that the end result complies with the applicable standards.

(3) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 55, is further defined, in accordance with Subsection 58-1-203(1), in Section R156-55e-502.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 55.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-302a Qualifications for Licensure - Experience and Education Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the experience requirements in Subsections 58-55- 302(1)(e)(iv)(C) and 58-55-302(3)(m)(i)(A) and (C) are further clarified and established below.

(1)(a) The required three years of experience and education shall mean 6,000 hours of training.

(d) The required training shall be obtained as an employee working:

(i) under the immediate supervision of a licensed elevator contractor where licensure is required; or

(ii) under an employer meeting similar qualifications as those of a licensed elevator contractor where licensure is not

required.

(e) No credit shall be given for training obtained illegally.

(2) The requirements of Subsection (1) may be met by completing a program resulting in the award of a certification from:

(a) the Canadian Elevator Industry Education Program;

(b) the National Association of Elevator Contractors Certified Elevator Technician Education Program;

(d) any other program that meets the requirements of Subsection 58-55-302(3)(m)(i)(C) as determined by the Commission with the concurrence of the Division Director.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-302b Qualifications for Licensure - Examination Requirements

(1) In accordance with Subsection 58-55-302(3)(m)(i)(B), an applicant for licensure as an elevator mechanic shall:

(a) pass the Utah Elevator Examination with a score of not less than 75%; or

(b) complete one of the following certification programs:

(i) the Canadian Elevator Industry Education Program;

(ii) the National Association of Elevator Contractors Certified Elevator Technician Education Program;

(iii) the National Elevator Industry Education Program; or

(iv) any other program that meets the requirements of Subsection 58-55-302(3)(m)(i)(C) as determined by the Commission with the concurrence of the Division Director.

(2) An applicant for licensure who fails the Utah Elevator Examination may retake the failed examination as follows:

(a) no earlier than 30 days following any failure, up to three failures; and

(b) no earlier than six months following any failure thereafter.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-302c Qualifications for Licensure - Temporary License Requirements

(1) The Division may issue a temporary license when:

(a) a licensed elevator contractor notifies the Division that the contractor cannot find a licensed elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator, which is confirmed by the Division;

(b) the contractor requests the Division to issue a temporary elevator mechanic license to an individual;

(d) the contractor certifies that the individual has completed 3,550 hours of training that meets the requirements of Section R156-55e-302a.

(2) The expiration date of the temporary license shall be the expected duration of the shortage of licensed elevator mechanics, but shall not exceed 180 days.

(3) A temporary license may be renewed if a shortage of elevator mechanics is ongoing on the expiration date of the license, but shall not exceed 180 days.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-303 Renewal Cycle - Procedure

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two year renewal cycle applicable to licensees under Title 58, Chapter 55, is established by rule in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-303a Continuing Education - Standards

(1) Required Hours. Pursuant to Subsection 58-55-302.7(2)(c), each licensee shall complete eight hours of continuing

education during each two year license term.

(2) "Approved continuing education" is defined as:

(a) elevator codes, construction, government regulations, maintenance, and new technology; and

(b) OSHA 10 or OSHA 30 safety training, or other safety training as it pertains to the elevator trade.

(3) Non-acceptable course subject matter shall include the following types of courses and other similar courses:

(a) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(b) physical well-being or personal development, such as personal motivation, stress management, time management, or dress for success;

(d) meetings held in conjunction with the general business of the licensee or employer.

(4) The Division may:

(a) waive the continuing education requirements for a licensee who is an instructor of an approved apprenticeship program; and

(b) waive or defer the continuing education requirements as provided in Section R156-1-308d.

(5) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes is to allow for breaks.

(b) Provider. The course provide shall meet the requirements of this section and shall be one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) a commercial continuing education provider providing a program related to the elevator trade.

(c) Content. The content of the course shall be relevant to the practice of the elevator trade and consistent with the laws

and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and

experience.

(g) Distance learning. A course may be recognized for continuing education that is provided via internet or through home study courses provided the course verifies registration and participation in the course by means of passing a test which demonstrates that the participant has learned the material presented. Test questions shall be random for each internet participant.

(h) Documentation. The course provider shall have a competent method of registration of individuals who actually

completed the course, shall maintain records of attendance that are available for review by the Division and shall provide individuals completing the course a certificate which contains the following information:

(i) the date of the course;

(ii) the name of the course provider;

(iii) the name of the instructor;

(iv) the course title;

(v) the hours of continuing education credit;

(vi) the attendee's name;

(vii) the attendee's license number; and

(viii) the signature of the course provider.

(6) On a random basis, the Division may assign monitors at no charge to attend a course for the purposes of evaluating the course and the instructor.

(7) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due. Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (10). Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.

(8) Licensees who lecture in continuing education courses meeting these requirements shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(9) Licensees who obtain an initial license after March 31st of the renewal year shall not be required to meet the continuing education requirement for that renewal cycle.

(10) A course provider shall submit continuing education courses for approval to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

(11) The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses which meet the standards set forth under this section.

(12) Continuing Education Registry.

(a) The Division shall designate an entity to act as the Continuing Education Registry under this rule.

(b) The Continuing Education Registry, in consultation with the Division and the Commission, shall:

(i) through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs which meet the standards set forth under this section;

(ii) publish on its website listings of continuing education programs which have been approved by the Division, and which meet the standards for continuing education credit under this rule;

(iii) maintain accurate records of qualified continuing education approved;

(iv) maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and

(v) make records of approved continuing education programs and attendance and completion available for audit by

representatives of the Division.

(c) Fees. The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to carry a copy of a current license at all times when performing work as an elevator mechanic; and

(2) failing to display a copy of a current license upon request to a representative of the Division or a representative of a

governmental entity enforcing criminal, building, or safety codes.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

Utah Admin. Code R156-55e-503 Administrative Penalties

The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rule are hereby adopted and incorporated by reference.

History

KEY: elevator mechanics, licensing
Date of Last Change: May 1, 2026
Notice of Continuation: June 26, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-

R156-56 Building Inspector and Factory Built Housing Licensing Act Rule

Utah Admin. Code R156-56-101 Title

This rule is known as the "Building Inspector and Factory Built Housing Licensing Act Rule".

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-102 Definitions

In addition to the definitions in Title 58, Chapters 1, 55 and 56, as used in Title 58, Chapter 56 or this rule:

(1) "Board" means the Building Inspector Licensing Board created in Section 58-56-8.5.

(2) "Employed by a local regulator, state regulator or compliance agency" means, with respect to Subsection 58-56- 9(1), the hiring of services of a qualified inspector whether by an employer/employee relationship, an independent contractor relationship, a fee-for-service relationship or any other lawful arrangement under which the regulating agency purchases the services of a qualified inspector.

(3) "Inspector" means a person employed by a local regulator, state regulator or compliance agency for the purpose of inspecting building, electrical, plumbing or mechanical construction, alteration, remodeling, repair or installation in accordance with the state construction codes adopted under Title 15A and taking appropriate action based upon the findings made during inspection.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-103 Authority

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 56.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-201 Building Inspector Licensing Board

In accordance with Section 58-56-8.5, the board shall be as follows:

(1) one member licensed as a Combination Inspector;

(2) one member licensed as an Inspector who is qualified in the electrical code;

(3) one member licensed as an Inspector who is qualified in the plumbing code;

(4) one member licensed as an Inspector who is qualified in the mechanical code; and

(5) one member shall be from the general public.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-301 Reserved

Reserved.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-302 Qualifications for Licensure of Inspectors - Application Requirements

In accordance with Section 58-56-9, the licensee classifications, scope of work, qualifications for licensure, and application for license are established as follows:

(1) License Classifications. Each inspector required to be licensed under Section 58-56-9 shall qualify for licensure and be licensed by the Division in one of the following classifications:

(a) Combination Inspector;

(b) Limited Inspector; or

(2) Scope of Work. The scope of work permitted under each inspector classification is as follows:

(a) Combination Inspector.

(i) Inspect the components of any building, structure or work for which a standard is provided in the specific edition of the state construction codes adopted under Title 15A, State Construction and Fire Codes Act.

(ii) Determine whether the construction, alteration, remodeling, repair or installation of all components of any building, structure or work is in compliance with the state construction code adopted under Title 15A.

(iii) After determination of compliance or noncompliance with the state construction codes adopted under Title 15A, take appropriate action as is provided in the codes.

(b) Limited Inspector.

(i) A Limited Inspector may only conduct activities under Subsection (ii), (iii) or (iv) for which the Limited Inspector has maintained current certificates under state construction codes adopted under Title 15A as provided under Subsection R156- 56-302(3)(b).

(ii) Subject to the limitations of Subsection (i), inspect the components of any building, structure or work for which a standard is provided in the state construction codes adopted under Title 15A.

(iii) Subject to the limitations under Subsection (i), determine whether the construction, alteration, remodeling, repair or installation of components of any building, structure or work is in compliance with the state construction codes adopted under Title 15A.

(iv) Subject to the limitations under Subsection (i), after determination of compliance or noncompliance with the state construction codes adopted under Title 15A, take appropriate action as is provided in the adopted codes.

(i) evaluate residential dwellings and the components of a residential dwelling to determine the condition of the property and identify potential issues associated with the sale or purchase of real property; and

(ii) provide an informed, independent assessment for prospective buyers or homeowners.

(3) Qualifications for Licensure. The qualifications for licensure for each inspector classification are as follows:

(a) Combination Inspector.

Has passed the examination for and maintained as current the following national certifications for state construction codes adopted under Title 15A:

(i) the "Combination Inspector Certification" issued by the International Code Council; or

(ii) the following certifications:

(A) the "Building Inspector Certification" issued by the International Code Council or both the "Commercial Building Inspector Certification" and the "Residential Building Inspector Certification" issued by the International Code Council;

(B) the "Electrical Inspector Certification" issued by the International Code Council or the "General Electrical Certification" issued by the International Association of Electrical Inspectors, or both the "Commercial Electrical Inspector Certification" and the "Residential Electrical Inspector Certification" issued by the International Code Council;

(C) the "Plumbing Inspector Certification" issued by the International Code Council, or both the "Commercial Plumbing Inspector Certification" and the "Residential Plumbing Inspector Certification" issued by the International Code Council; and

(D) the "Mechanical Inspector Certification" issued by the International Code Council or both the "Commercial Mechanical Inspector Certification" and the "Residential Mechanical Inspector Certification" issued by the International Code Council.

(b) Limited Inspector.

Has passed the examination for and maintained as current one or more of the following national certifications for state construction codes adopted under Title 15A:

(i) the "Building Inspector Certification" issued by the International Code Council;

(ii) the "Electrical Inspector Certification" issued by the International Code Council or the "General Electrical Certification" issued by the International Association of Electrical Inspectors;

(iii) the "Plumbing Inspector Certification" issued by the International Code Council;

(iv) the "Mechanical Inspector Certification" issued by the International Code Council;

(v) the "Residential Combination Inspector Certification" issued by the International Code Council;

(vi) the "Commercial Combination Certification" issued by the International Code Council;

(vii) the "Commercial Building Inspector Certification" issued by the International Code Council;

(viii) the "Commercial Electrical Inspector Certification" issued by the International Code Council;

(ix) the "Commercial Plumbing Inspector Certification" issued by the International Code Council;

(x) the "Commercial Mechanical Inspector Certification issued by the International Code Council;

(xi) the "Residential Building Inspector Certification" issued by the International Code Council;

(xii) the "Residential Electrical Inspector Certification" issued by the International Code Council;

(xiii) the "Residential Plumbing Inspector Certification" issued by the International Code Council;

(xiv) the "Residential Mechanical Inspector Certification" issued by the International Code Council;

(xv) any other special or otherwise limited inspector certifications used by the International Code Council which certifications cover a part of the state construction codes adopted under Title 15A, including each of the following: Reinforced Concrete Special Inspector, Prestressed Concrete Special Inspector, Structural Masonry Special Inspector, Structural Steel and Bolting Special Inspection, Structural Welding Special Inspection, Spray Applied Fire Proofing Special Inspector, Residential Energy Inspector, Commercial Energy Inspector;

(xvi) the Certified Welding Inspector Certification issued by the American Welding Society;

(xvii) any other certification issued by an agency specified in Chapter 17 of the International Building Code (IBC) or an agency specified in the referenced standards; or

(xviii) any combination certification which is based upon a combination of one or more certifications.

(xix) If no qualification is listed in the IBC for a special inspector, the special inspector may submit qualifications to the licensing board for approval.

(i) As of June 30, 2026 has maintained as current one or more certifications issued by one of the following organizations:

(A) the American Society of Home Inspectors (ASHI);

(B) the International Association of Certified Home Inspectors (InterNACHI); or

(ii) maintained as current liability insurance in the amount of $500,000 that names the Division as the certificate holder; and

(iii) maintained as current errors and omissions Insurance in the amount of $500,000 that names the Division as the certificate holder;

(4) Application for License.

(a) An applicant for licensure shall:

(i) submit an application in a form prescribed by the Division; and

(ii) pay a fee determined by the department pursuant to Section 63J-1-504.

(5) Code Transition Provisions.

(a) If an inspector or applicant obtains a new, renewal or recertification or replacement national certificate after a new code or code edition is adopted, the inspector or applicant shall obtain that certification under the currently adopted code or code edition.

(b) After a new code or new code edition is adopted under this rule, the inspector shall re-certify the inspector's national certification to the new code or code edition at the next available renewal cycle of the national certification.

(c) If a licensed inspector fails to obtain the national certification as required in Subsections (a), (b), and (c) the inspector's authority to inspect for the area covered by the national certification automatically expires at the expiration date of the national certification that was not obtained as required.

(d) If an inspector recertifies a national certificate on a newer edition of the codes adopted before that newer edition is adopted under this rule, such recertification shall be considered as a current national certification as required by this rule.

(e) If an inspector complies with these transition provisions, the inspector shall be considered to have a current national certification as required by this rule.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1)(a), the renewal date for the two-year cycle applicable to licenses under Title 58, Chapter 56 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-401 Factory Built Housing and Modular Unit Contractor Continuing Education

In accordance with Subsection 15A-1-306(1)(f)(ii), continuing education required for factory built housing installation contractors and modular construction installation contractors is as stated in Subsection 58-55-303(2)(b).

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-402 Factory Built Housing Dealer Bonds

(1) In accordance with Subsection 58-56-16(2)(c), a factory built housing dealer shall provide a registration bond issued by a surety acceptable to the Division in the amount of $50,000. An acceptable surety is one that is listed in the Department of Treasury, Fiscal Service, Circular 570, current revision, entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies".

(2) The coverage of the registration bond shall include losses that may occur as the result of the factory built housing dealer's violation of the unprofessional or unlawful conduct provisions contained in Title 58, Chapters 1 and 56.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-501 Administrative Penalties - Unlawful Conduct

(1) In accordance with Sections 58-56-9.1, 58-56-9.3, and 58-56-9.5, unless otherwise ordered by the presiding officer, fines shall be assessed in accordance with Subsection 58-56-9.5(3)(i).

(2) Citations may not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Section 58-56-9.5.

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) In all cases the presiding officer shall have the discretion, after a review of the aggravating or mitigating circumstances, to increase or decrease the fine amount based on the evidence reviewed.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

Utah Admin. Code R156-56-502 Reserved

Reserved.

History

KEY: factory built housing, building inspections, licensing, building inspectors
Date of Last Change: March 30, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1

R156-57 Respiratory Care Practices Act Rule

Utah Admin. Code R156-57-101 Title

This rule is known as the "Respiratory Care Practices Act Rule".

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 57, as used in Title 58, Chapters 1 and 57, or this rule:

(1) "Other respiratory related durable medical equipment intended for use in the home", as used in Subsection 58-57-2(6)(k), means other new respiratory care technology intended for use in the home that was not approved on the market as of September 2006.

(2) "Supervised" as used in Subsection 58-1-307(1)(b) or "supervising" as used in Subsection 58-57-2(4)(e) means that the licensed respiratory care practitioner is present in the facility and shall be available to see the patient and give immediate consultation with respect to care.

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-103 Authority - Purpose

This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 57.

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section 58-1-107.

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-302a Qualifications for Licensure - Examination Requirements

In accordance with Subsection 58-57-4(2)(f) and Sections 58-57-5 and 58-1-309, all applicants for licensure shall pass the following examinations:

(1) the National Board for Respiratory Care (NBRC) Certification Examination for Entry Level Respiratory Therapists (CRT); or

(2) the NBRC Registry Examination for Advanced Respiratory Therapists (RRT).

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-302b Qualifications for Licensure - Education Requirements

In accordance with Subsection 58-57-4(2)(e) and Section 58-57-5, "a respiratory care practitioner education program that is approved by the board" means a respiratory care educational program accredited by the Committee on Accreditation for Respiratory Care (COARC) as evidenced by NBRC certification as a CRT or RRT.

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-57-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 57 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, respiratory care
Date of Last Change: February 22, 2007
Notice of Continuation: March 2, 2026
Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)

R156-60e Mental Health Professional Practice Act Rule

Utah Admin. Code R156-60e-101 1. Title - Authority - Relationship to Rule R156-1

(1) This rule is known as the "Mental Health Professional Practice Act Rule."

(2) This rule is adopted by the Division under Subsection 58-1-106(1)(a), to enable the Division to administer Title 58, Chapter 60, Mental Health Professional Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 1. Definitions Applicable To All Mental Health Professionals

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 60, Mental Health Professional Practice Act. In addition:

(1) "Accredited institution of higher education," unless otherwise specified in this rule, means an educational institution that has accreditation recognized by the Council for Higher Education Accreditation (CHEA).

(2) "AI" as used in Subsection R156-60e-307.1(2)(c)(iii) means artificial intelligence.

(3) "Approved diagnostic and statistical manual for mental disorders" means one of the following:

(a) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR), published by the American Psychiatric Association; or

(b) International Classification of Diseases, Tenth Revision, Clinical Modifications (ICD-10-CM), published as the ICD-10-CM: The Complete Official Codebook by the American Medical Association.

(4) "APRN" means an advanced practice registered nurse licensed under Subsection 58-60-102(15)(b).

(5) "Asynchronous" as used in Subsections R156-60e-302.1(3)(d) and R156-60e-402.1(3)(b)(vii) means the individual:

(a) accesses material online;

(b) learns at the individual's own pace and not in real-time; and

(6) "CHEA" means the Council for Higher Education Accreditation.

(7) "CSWE" means the Council on Social Work Education.

(8) "Client" or "patient" means:

(a) an individual who is competent to request mental health services; or

(b) an individual who is not competent to request mental health services but is lawfully provided professional services by a mental health therapist who:

(i) agrees orally or in writing to provide professional services to that individual; or

(ii) without an overt agreement, provides professional services to that individual.

(9) "Clinical supervision form" means the form provided by the Division for use by a supervisor and a supervised individual to document who is providing supervision to a supervised individual and includes at least the following:

(a) name and license number of the supervised individual;

(b) name and license number of the supervisor; and

(10) "Independent of control" as used in Subsection R156-60e-309.1(1)(b)(ii)(A) means the supervisor is not employed by the supervised individual, an agency owned in total or part by the supervised individual, or an agency in which the supervised individual has a controlling interest.

(11) "Internship" means one or more courses completed as part of a graduate program at an accredited institution of higher education where the internship hours are obtained:

(a) at a public agency or private clinic;

(b) while the individual is engaged in the clinical practice of mental health therapy as defined in Subsection 58-60- 102(17); and

(12) "Interpersonal and intrapersonal dysfunction" as used in Subsection 58-60-302(2)(d) means the dysfunction is a core feature of a diagnosable disorder.

(13) "Mild to moderate behavioral health symptoms or disorders" as used in Subsections 58-60-202(1)(a)(ii)(A), 58- 60-202(1)(a)(v)(B), 58-60-502(6)(e)(iii)(B), 58-60-601(4)(c)(v)(A), 58-60-601(4)(c)(vi)(A), and 58-60-601(4)(d)(iii)(B), means symptoms that:

(a) cause clinically significant disturbances in an individual's cognition, emotion regulation, or behavior that reflect a dysfunction, but are not so severe as to be debilitating or require hospitalization or medications;

(b) satisfy the legal definition of a disability as defined in Subsection 26B-6-801(1) or the equivalent; and

(14) "NASW" means the National Association of Social Workers.

(15) "On-the-job training program" as used in Subsections 58-1-307(1)(c) and 58-60-107(2)(g) means a program that:

(a) applies to an individual who has completed courses required for graduation in a degree or formal training program that qualifies the individual for licensure under Title 58, Chapter 60, Mental Health Professional Practice Act;

(b) starts immediately upon completion of coursework required for graduation;

(c)(i) ends 60 days from the date it begins or upon licensure, whichever is earlier; and

(ii) may not be extended or repeated a second time;

(d) is completed while the individual is providing clinical mental health services in a public agency or private clinic; and

(e) is supervised by a qualified mental health training supervisor qualified under Section R156-60e-305.1 who conducts supervision meetings at least weekly in circumstances where the supervisor is physically present in the same room at the same time as the supervised individual.

(16) "Practicum" means one or more courses completed as part of a graduate program at an accredited institution of higher learning where the practicum hours are obtained:

(a) at a public agency or private clinic;

(b) while engaged in the clinical practice of mental health therapy as used in Subsection 58-60-102(17), 58-60-202(2), 58-60-302(2), 58-60-502(7), or Section 58-60-402; and

(17) "Public agency or private clinic" as used in Subsections 58-60-308(2)(a)(i), 58-60-407(2)(a)(i), 58-60-512(2)(a), R156-60e-102.1(11)(a), R156-60e-102.1(15)(d), R156-60e-102.1(16)(a), R156-60e-304.1(1)(b), and R156-60e-309.1(1)(b)(vi), means one of the following:

(a) mental health agency;

(b) in-patient or out-patient hospital;

(d) non-profit organization; or

(e) government agency.

(18) "Supervisee" as used in Subsections 58-60-102(3)(d) and (4)(a)(v) means a supervised individual.

(19) "Supervision contract" as used in Subsections 58-60-102(8)(a) and (9) means a written contract between a clinical supervisor and a supervised individual that:

(a) is signed by both parties;

(b) facilitates the experience requirements for licensure; and

(20) "Synchronous" as used in Subsections R156-60e-102.2(4)(a)(ii), R156-60e-302.1(3)(c), R156-60e-306.1(1), R156-60e-307.1(2)(e)(i)(A), and R156-60e-402.1(3)(b)(vi) means a meeting or class where the parties gather:

(a) virtually or in a physical place; and

(b) interact in real-time.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 2. Definitions Specific To Social Work

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 60, Part 2, Social Worker Licensing Act. In addition:

(1) "ASWB" means the Association of Social Work Boards.

(2) "Clinical social work concentration and practicum," "case work," "group work," or "family treatment course sequence with a clinical practicum," as used in Subsection 58-60-109(2)(b) and Section 58-60-205 mean a track of professional education that is specifically established to prepare an individual to practice or engage in clinical mental health therapy.

(3) "CSW" means a licensed certified social worker.

(4) "General supervision" as used in Subsection 58-60-202(1)(a) means that the supervisor is available for consultation with the supervised individual:

(a)(i) when both are physically present in the same room at the same time; or

(ii) remotely via a synchronous electronic method that provides real-time communication through interactive technology that enables a supervisor at a distant site and a supervised individual at an originating site to interact simultaneously through two-way audio and video transmission; and

(b) within a reasonable time and consistent with the acts and practices in which the supervised individual is engaged.

(5) "Human growth and development" as used in Subsection 58-60-205(3)(c)(iii)(A)(II) means a course completed from a CSWE-accredited bachelor's degree in social work program that includes an emphasis on human growth and development across the lifespan and from conception to death.

(6) "LCSW" means a licensed clinical social worker.

(7) "Social welfare policy" as used in Subsection 58-60-205(3)(c)(iii)(A)(I) means a course completed from a CSWE- accredited bachelor's degree in social work program that includes an emphasis on the following:

(a) local, state, and federal social policies and how those policies impact individuals, families, and communities; and

(b) the diverse needs of social welfare recipients.

(8) "Social work practice methods" as used in Subsection 58-60-205(3)(c)(iii)(A)(III) means a course from a CSWE- accredited bachelor's degree in social work program that includes an emphasis on the following:

(a) generalist social work practice at the individual, family, group, organization, and community levels;

(b) planned client change processes and social work roles at various levels;

(d) evaluation of programs and direct practice in the social work field.

(9) "SSW" means a licensed social service worker.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 3. Definitions Specific To Marriage and Family Therapy

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act. In addition:

(1) "AAMFT" means the American Association for Marriage and Family Therapy.

(2) "AMFT" means an associate marriage and family therapist.

(3) "AMFT-Extern" means an associate marriage and family therapist extern under Section 58-60-117.

(4) "Deficiency" as used in Subsections 58-60-117(1)(d) and R156-60e-302.3(4)(a) relating to MFT licensure means the applicant's completed and required educational degree for licensure lacks no more than six semester credit hours or eight quarter credit hours that cover the coursework listed in Subsections R156-60e-302.3(3)(a) through (g).

(5) "MFT" means a marriage and family therapist.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 4. Definitions Specific To Clinical Mental Health Counselor

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act. In addition:

(1) "ACMHC" means an associate clinical mental health counselor.

(2) "ACMHC-Extern" means an associate clinical mental health counselor extern under Section 58-60-117.

(3) "CMHC" means a clinical mental health counselor.

(4) "Deficiency" as used in Subsections 58-60-117(1)(d) and R156-60e-302.4(2) relating to CMHC licensure means that the applicant's completed and required educational degree for licensure lacks no more than 12 semester credit hours or 18 quarter credit hours of the hours required under Subsection 58-60-405(1)(c)(ii) but still meets the coursework requirements of Subsection R156-60e-302.4(1).

(5) "Equivalent field" as used in Subsection 58-60-405(1)(c)(i)(B) means that the educational program:

(a) prepares students to practice mental health counseling through the study of generally recognized clinical mental health counseling principles, methods, and procedures;

(b) meets the requirements of Subsection R156-60e-302.4(1); and

(c) has adequately prepared the applicant for practice as demonstrated by the applicant passing the NBCC's National Counselor Examination (NCE) to verify education.

(6) "NBCC" means the National Board for Certified Counselors.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 5. Definitions - Specific To Substance Use Disorder Counselor and Master Addiction Counselor

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act. In addition:

(1) "AMAC" means associate master addiction counselor.

(2) "ASAM" means the American Society of Addiction Medicine.

(3) "ASUDC" means an advanced substance use disorder counselor.

(4) "General supervision" as used in Subsection 58-60-502(3) means experience gathered under the general supervision of a licensed individual who meets the requirements of Section 58-60-508.

(5) "Human growth and development" as used in Subsection R156-60e-302.5(2)(b)(i)(A) means a course at an accredited institution of higher education that includes an emphasis on human growth and development across the lifespan and from conception to death.

(6) "IC&RC" means the International Certification and Reciprocity Consortium.

(7) "Initial assessment" means the procedure of gathering psycho-social information from a client or patient that:

(a) includes the application of the Addiction Severity Index (ASI) as the basis for recommending a level of treatment to assist the mental health therapist supervisor in the information collection process; and

(b) that may include a referral to an appropriate treatment program.

(8) "MAC" means Master Addiction Counselor.

(9) "NAADAC" means the Association for Addiction Professionals.

(10) "NCC AP" means the National Certification Commissions for Addiction Professionals.

(11) "Prerequisite courses" as used in Subsections 58-60-506(6)(a)(ii) and R156-60e-302.5(2) means courses that shall be completed before an individual may qualify for licensure.

(12) "SASSI" means Substance Abuse Subtle Screening Inventory.

(13)(a) "Screening" as used in Subsections 58-60-502(6)(b) and 58-60-502(9)(b)(i) means a brief interview with the client that is conducted in-person or by other electronic means and is used to determine the potential of a substance abuse problem.

(b) The screening may also include the following:

(i) a preliminary ASAM Criteria recommendation to expedite the subsequent assessment and evaluation process;

(ii) screening instruments such as the SASSI; or

(iii) if a potential problem is identified, a referral for an initial assessment or a substance use disorder evaluation.

(14) "Substance use disorder evaluation" means the process used to interpret information gathered from a client during an initial assessment, other instruments as needed, and a face-to-face interview with the client by a licensed mental health therapist to determine if the client or patient meets the DSM-5-TR or ICD-10-CM criteria for substance abuse or dependence and requires an individualized treatment plan.

(15) "Substance use disorder education program" as used in Subsections 58-60-502(13) and 58-60-506(6)(b) means college or university coursework at a regionally accredited institution.

(16) "Supervised experience" as used in Subsection 58-60-506(4)(c)(ii) means experience gathered under the general supervision of a licensed individual who meets the requirements of Section 58-60-508.

(17) "SUDC" means a substance use disorder counselor.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-102 6. Definitions - Specific To Behavioral Health Coach and Behavioral Health Technician

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 60, Part 6, Behavioral Health Coach and Technician Licensing Act.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-202 1. Utah Behavioral Health Board -- Advisory Committees

(1) Under Subsection 58-60-102.5(3)(b), the Board shall hear advisory committee reports and make determinations based upon those reports regarding any Division action to be taken on an individual's license or on an application for licensure.

(2) Under Subsection 58-60-102.5(4)(b)(i), the Board shall annually elect a member to serve as chair on each advisory committee that reports to the Board.

(3) Under Subsection 58-60-102.5(4)(c)(i), a member of the Qualifications and Professional Development Advisory Committee may be both a licensed individual and an educator.

(4) Under Subsection 58-60-102.5(4)(c)(ii), a criminal justice professional is an individual who is actively employed or who has retired from employment in at least one of the following capacities:

(a) as a member of law enforcement including a police officer, sheriff, patrol officer, police investigator, police detective, state trooper, or federal agent;

(b) as an attorney in criminal law court including a city attorney, county attorney, district attorney, attorney general, assistant attorney general, city public defender, county public defender, or judge who is a member of the attorney Bar;

(d) as an instructor of a criminal justice program from a regionally accredited institution of higher education.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 1. Qualifications for Licensure or Certification - Suicide Prevention Course

Under Subsections 58-60-105(3), 58-60-205(1)(f), 58-60-305(1)(f), 58-60-405(1)(f), 58-60-506(1)(c), and 58-60- 506(6)(b)(ii), the Division-approved two-hour suicide prevention course required to obtain licensure shall be:

(1) approved, sponsored, or conducted by one of the following:

(a) an accredited institution of higher education;

(b) county, state, or federal agency;

(d) mental health agency that provides clinical mental health services;

(2) relevant to mental health therapy and suicide prevention that is consistent with the laws of this state and includes one or more of the following components:

(a) suicide concepts and facts;

(b) suicide risk assessment, crisis intervention, and first aid;

(d) continuity of care and follow-up services for suicide risk; and

(e) therapeutic alliances for intervention in suicide risk;

(3) completed in not less than 50-minute blocks of time in one of the following formats:

(a) classroom lecture and discussion;

(b) workshop;

(d) asynchronous online self-pace module;

(e) case study review; or

(f) simulation; and

(4) certified as complete via an official document that contains at least the following:

(a) course attendance;

(b) title, objective, or official description of the course as outlined in Subsection (2);

(d) name of provider; and

(e) date of completion.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 2. Qualifications Specific to Social Work Licensure

(1) Under Subsections 58-60-205(1)(c)(ii) and (2)(c)(ii), a doctoral degree that contains a clinical social work concentration and practicum qualifying an applicant for LCSW licensure or CSW licensure shall include professional education that is specifically established to prepare an individual to practice or engage in clinical mental health therapy.

(2) Under Subsection 58-60-205(3)(c)(ii), a master's degree qualifying an applicant for SSW licensure shall be from a regionally accredited institution of higher education in one of the following areas of study:

(a) clinical mental health counseling;

(b) education and human development;

(d) marriage and family therapy;

(e) psychology;

(f) social, behavioral, or health sciences; or

(g) social work.

(3) Under Subsection 58-60-205(3)(c)(iii)(B), the supervised individual's 2,000 hours of supervised qualifying experience for SSW licensure shall be performed:

(a) in an agency providing social work services and activities;

(b) according to a written social work job description approved by a licensed mental health therapist supervisor; and

(4) Under Subsection 58-60-205(1)(h)(i), an applicant for LCSW licensure shall pass the ASWB Clinical Exam.

(5) Under Subsection 58-60-205(4), an applicant requesting additional testing time shall complete an ASWB application for non-standard testing arrangements.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 3. Qualifications Specific to Marriage and Family Therapy Licensure

(1) Under Subsection 58-60-305(1)(c)(ii), an applicant for AMFT licensure or MFT licensure shall produce certified transcripts evidencing completion of a clinical master's degree or higher in marriage and family therapy or equivalent from an institution that was accredited by a professional accrediting body approved when the applicant obtained the education.

(2) Under Subsection 58-60-305(1)(e), at least 500 hours of the applicant's required 1,200 direct client hours shall be clinical therapy provided to couples, families, or groups.

(3) Under Subsection 58-60-305(1)(c)(ii), certified transcripts evidencing completion of an equivalent degree shall include the following:

(a) six semester hours or nine quarter hours of coursework in theoretical foundations of marital and family therapy;

(b) nine semester hours or 12 quarter hours of coursework in assessment and treatment in marriage and family therapy including the most current diagnostic statistical manual;

(c) six semester hours or nine quarter hours of course work in human development and family studies that include ethnic minority issues, and gender issues including sexuality, sexual functioning, and sexual identity;

(d) three semester hours or four quarter hours in professional ethics;

(e) three semester hours or four quarter hours in research methodology and data analysis;

(f) three semester hours or four quarter hours in electives in marriage and family therapy; and

(g) a supervised clinical practicum that includes at least 400 hours as follows:

(i) at least 100 hours of direct clinical supervision; and

(ii) at least 300 hours of clinical mental health therapy practice under direct clinical supervision with at least 150 hours in couple or family therapy with two or more clients participating.

(4)(a) An individual whose education after graduation has a deficiency as defined in Subsection R156-60e-102.3(4) may engage in marriage and family therapy under supervision as outlined in Section R156-60e-304.1 if:

(i) the educational deficiency is under Subsection (3)(a), (c), (e), or (f); and

(ii) the applicant qualifies for AMFT-Extern licensure under Section 58-60-117.

(b) No hour earned under Subsection (4)(a) may be counted toward an internship, practicum, or associate-level licensure.

(5) Under Subsection 58-60-305(1)(g)(i), an applicant for MFT licensure shall pass one of the following exams:

(a) Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB); or

(b) Licensed Marriage and Family Therapist Clinical Examination by the California Board of Behavioral Sciences (BBS).

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 4. Qualifications Specific to Clinical Mental Health Counselor Licensure

(1) Under Subsection 58-60-405(1)(c), an applicant for ACMHC licensure or ACMHC-Extern licensure shall provide certified transcripts evidencing completion of a degree that includes the following:

(a) at least three semester credit hours or four quarter credit hours of graduate-level courses in the following subjects:

(i) mental status examination, the appraisal of diagnostic and statistical manual maladaptive, and psychopathological behavior; and

(ii) professional and counseling ethics; and

(b) a practicum or internship that includes at least 700 documented hours of supervised clinical mental health counselor training of which at least 240 hours consist of providing clinical therapy directly to clients under the direction of an educational institution.

(2) Under Subsection 58-60-117(1)(d), an individual applying for ACMHC-Extern licensure whose completed educational degree has a deficiency as defined in Subsection R156-60e-102.4(4) may apply for an ACMHC-Extern license while completing the missing coursework post-degree to obtain an ACMHC license if the courses are taken:

(a) for full credit;

(b) through one institution; and

(i)(A) clinical mental health counseling, clinical rehabilitation counseling, or counselor education and supervision; and

(B) a program that is accredited by the Council for Accreditation of Counseling and Related Education Programs (CACREP); or

(ii) clinical mental health counseling or an equivalent field as defined in Subsection R156-60e-102.4(5), from an institution accredited by CHEA.

(3)(a) An individual who qualifies to complete educational requirements post-degree under this section and qualifies for ACMHC-Extern licensure under Section 58-60-117 may engage in clinical mental health counseling under supervision as outlined in Section R156-60e-304.1.

(b) No hour obtained under Subsection (2)(a) may be counted toward an internship, practicum, or associate-level licensure.

(4) Under Subsection 58-60-405(1)(g)(i), an applicant for CMHC licensure shall pass the National Clinical Mental Health Counseling Examination (NCMHCE) from the NBCC.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 5. Qualifications Specific to Substance Use Disorder and Master Addiction Counselor Licensure

(1) Under Subsections 58-60-506(1)(h)(i) and 58-60-506(4)(c)(iii), an applicant for MAC licensure or ASUDC licensure shall pass one of the following examinations:

(a) Advanced Alcohol and Drug Counselor (AADC) Examination administered by the IC&RC;

(b) National Certified Addiction Counselor, Level II (NCAC II) Examination administered by the NCC AP;

(d) Examination for Master Addiction Counselors (EMAC) administered by the National Board of Certified Counselors (NBCC).

(2)(a) Under Subsection 58-60-506(6)(a)(ii), an applicant for SUDC licensure shall complete the prerequisite courses at a regionally accredited institution of higher education.

(b) The prerequisite courses under Subsection (2)(a) shall:

(i) cover the following subjects:

(A) human growth and development across the lifespan and from conception to death; and

(B) general psychology; and

(ii) include a two-hour suicide prevention course as described in Section R156-60e-302.1.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-302 6. Qualifications Specific To Behavioral Health Coach and Behavioral Health Technician Licensure

Reserved.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-303 1. Qualifications for Licensure or Certification - Alternate Examination Pathway

An applicant for licensure using an alternate examination pathway under Subsection 58-60-205(1)(h)(ii) as an LCSW, Subsection 58-60-305(1)(g)(ii) as an MFT, Subsection 58-60-405(1)(g)(ii) as a CMHC, or Subsection 58-60-506(1)(h)(ii) as an MAC, shall submit the following:

(1) proof that the applicant attempted the qualifying professional examination after May 1, 2024, except an applicant for CMHC licensure who uses the NBCC's National Counselor Examination (NCE) to verify education in an equivalent field under Subsection R156-60e-102.4(5) may not use the NCE to qualify for licensure under the alternate examination pathway;

(2) a signed alternate exam pathway supervisor association form provided by the Division verifying that the applicant is choosing to use the alternate exam pathway before starting any hours toward the alternate exam pathway 500-hour requirement;

(3) a signed form provided by the Division verifying that the applicant's 500 hours of direct client care hours were obtained under one supervisor;

(4) a recommendation letter from the direct clinical supervisor that contains the following information:

(a) the applicant's:

(i) clinical competency;

(ii) consistency and accuracy of diagnosing;

(iii) orderly decision-making skills;

(iv) use of population-appropriate practices and modalities; and

(v) ability to efficiently and effectively:

(A) screen patients;

(B) make clinical assessments;

(D) use proper case management;

(E) use proper discharge procedures;

(F) apply ethics and legal standards including managing crises and required reporting;

(G) work within the professional scope of practice;

(H) document treatment; and

(I) use knowledge of profession-relevant laws and rules; and

(b) any ethical violation or concerning behavior by the applicant that occurred during supervision; and

(5) a letter of recommendation from a mental health professional approved by the applicant's direct clinical supervisor who observed the applicant's direct client care and includes the following information:

(a) observed practice including any concern regarding the applicant's work; and

(b) any ethical violation or concerning behavior by the applicant.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-304 1. Supervised Clinical Experience Requirements

(1) Under Subsections 58-60-102(3) and (7), 58-60-205(1)(d) and (e), 58-60-305(1)(d) and (e), 58-60-405(1)(d) and (e), and 58-60-506(1)(e) and (f), an applicant shall submit proof that the direct clinical supervision and direct client care hours were obtained as follows:

(a)(i) in Utah while providing clinical mental health services;

(ii) in a state, district, or territory of the United States while providing clinical mental health services if legally obtained under the current law of that state, territory, or district; or

(iii) internationally if:

(A) while the applicant obtained the supervision hours, the license was in a regulated mental health profession, active, and in good standing; or

(B) the applicant was unlicensed, with proof that the applicant's supervision hours were legally obtained as a mental health professional;

(b) in a public agency or private clinic;

(d) while the applicant holds an active Utah associate or CSW license, or the out-of-state equivalent.

(2) An applicant who is exempt from licensure under Subsection 58-1-307(1)(a) or (j) may obtain supervision hours while exempt from licensure.

(3) An applicant who is exempt from licensure under Subsection 58-1-307(1)(b) or (c) may not obtain supervision hours while exempt from licensure.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-305 1. Clinical Supervisor Eligibility

(1) Under Subsection 58-60-102(4), to be eligible to become a Division-approved clinical supervisor and oversee the clinical supervision of a master's level license holder, a licensed individual shall:

(a) be an active license holder in good standing in one of the following classifications:

(i) APRN specializing in the practice of clinical mental health therapy under Subsection R156-31b-302e(2);

(ii) CMHC;

(iii) LCSW;

(iv) MFT;

(v) physician who is board certified or board eligible in psychiatry;

(vi) psychologist; or

(vii) MAC;

(b) hold a master's degree or higher;

(d) complete a supervisor training program that meets the requirements of Section R156-60e-306.1;

(e) meet one of the following requirements during the 24 months preceding supervision:

(i) have overseen or engaged in direct clinical supervision of another licensed individual;

(ii) provided clinical mental health therapy; or

(iii) provided direct client care; and

(f) submit proof to the Division that the licensed individual has completed the training program under Subsection (1)(e) and request Division-approved status as a clinical supervisor.

(2) A qualified mental health training supervisor shall comply with the duties and responsibilities established in Sections R156-60e-307.1 and R156-60e-308.1.

(3) A clinical supervisor may not supervise an individual:

(a) who employs or supervises the clinical supervisor;

(b) who is a family member; or

(i) the supervised individual; or

(ii) the supervised individual's employing agency, if the if the supervised individual has ownership in the employing agency.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-306 1. Clinical Supervisor Training Program

(1) Under Subsection 58-60-102(4)(a)(iii)(A), a licensed individual applying to become a Division-approved clinical supervisor shall complete a synchronous training course on learning clinical supervision that meets the following requirements:

(a) is presented by:

(i) a regionally accredited educational institution;

(ii) a national or state association-approved provider;

(iii) a professional training organization; or

(iv) a government agency;

(b) is taught by a mental health license therapist from any state, territory, or jurisdiction of the United States or Canada;

(d) has a curriculum that includes:

(i) at least one hour on defining and conceptualizing clinical supervision and models;

(ii) at least two hours on the supervisory relationship and the supervised individual's development;

(iii) at least two hours on supervision methods and techniques including roles, process, group supervision, multi- cultural supervision, and evaluation;

(iv) at least two hours on standards of practice, codes of ethics, and legal and professional issues; and

(v) at least one hour on executive and administrative tasks including supervision plans, contracts, record keeping, and reporting;

(e) is completed at least 24 months after the licensed individual obtains one of the following licenses:

(i) APRN;

(ii) CMHC;

(iii) LCSW;

(iv) MAC;

(v) MFT;

(vi) physician; or

(vii) psychologist license; and

(f) includes a completion certificate verifying:

(i) the course title;

(ii) the attendee's name;

(iii) instructor's name;

(iv) presenting organization; and

(v) total hours.

(2)(a) To maintain approved clinical supervisor status under Subsection 58-60-102(4)(a)(iv), a supervisor shall complete at least six hours of ongoing professional development that is specific to clinical supervision.

(b) The required hours under Subsection (2)(a) may count toward the total hours required to maintain licensure if the ongoing professional development course title clearly states that the course is specific to providing clinical supervision.

(3)(a) If the Division takes formal disciplinary action on the license of a Division-approved clinical supervisor, the clinical supervisor's Division-approval status shall be immediately revoked.

(b) A licensed individual whose status was revoked under Subsection (3)(a) who applies to requalify as a Division- approved supervisor shall:

(i) successfully comply with the disciplinary order;

(ii) hold an active license in good standing; and

(iii) retake an approved clinical supervision course.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-307 1. Clinical Supervision Contract -- Requirements

(1) Under Subsections 58-60-102(8)(a) and (9), the requirements of a clinical supervision contract for an individual seeking clinical supervision for licensure are established, defined, and clarified in this section.

(2) The clinical supervision contract shall include the following provisions:

(a) a meeting and accessibility plan that includes:

(i) a plan to ensure the supervised individual has consistent access to the clinical supervisor;

(ii) a plan that specifies the following for each meeting:

(A) that the supervisor and supervised individual shall meet:

(I) at least weekly, if the supervised individual works full time; or

(II) at least twice each month;

(B) the meeting under Subsection (2)(a)(ii)(A) shall last at least 50 minutes;

(D) the location of the meeting, such as in-person or remote;

(iii) the general learning objectives for the supervised individual;

(iv) the general progress goals for the supervised individual; and

(v) the supervisor's expectations;

(b) a documentation and communication plan that includes:

(i) a plan for documenting ongoing supervision, with a focus on competency-based measures;

(ii) a procedure for ensuring the supervisor signs the clinical supervision hours at least quarterly; and

(iii) a plan for who to contact in case of an emergency;

(i) the specific code of ethics that will be used by both the clinical supervisor and the supervised individual;

(ii) an outline of the ethical requirement to report any unethical actions or violations of the ethical code; and

(iii) a detailed plan of how the use of artificial intelligence (AI) will be managed in practice, including its role in:

(A) supervision;

(B) administration;

(D) best practices;

(d) a conflict and breach resolution plan that includes:

(i) a plan for addressing potential conflicts between the supervisor's clinical recommendations and those of the supervised individual's employer;

(ii) remedies in the event of a contract breach by either party, including procedures for contract termination; and

(iii) a list of reasons why clinical supervision hours may not meet the clinical supervision requirements; and

(e) if any part of the supervision is remote, a remote supervision protocols plan that includes:

(i) an outline of:

(A) how the parties will meet via synchronous electronic methods with two-way audio and video; and

(B) how the security of confidential electronic data will be protected; and

(ii) a specific plan that includes:

(A) how the clinical supervisor will comply with supervision duties;

(B) how the supervised individual will be notified of the use of remote supervision; and

(C) under Subsections 58-60-110(e)(i) and (ii), how the supervised individual's employer and clients or patients will be notified:

(I) that the supervised individual is being supervised; and

(II) of the supervisor's:

(Aa) name;

(Bb) type of license held;

(Cc) license number; and

(Dd) contact information.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-308 1. Clinical Supervisor - Duties and Responsibilities

(1) Before providing clinical supervision, a supervisor shall enter a written supervision contract with the supervised individual that meets the requirements of Section R156-69-307.1.

(2) A clinical supervisor shall have the following duties and responsibilities:

(a) maintain appropriate licensure and independence including:

(i) ensuring that both the clinical supervisor and the supervised individual hold and maintain current, valid licenses; and

(ii) maintaining a professional relationship with the supervised individual by ensuring that:

(A) the clinical supervisor is independent of control from the supervised individual; and

(B) the clinical supervisor's ability to supervise and direct the supervised individual's practice is not compromised by a relationship where the supervisor is controlled by:

(I) the supervised individual; or

(II) the supervised individual's employing agency, if the supervised individual has ownership in the employing agency;

(b) provide guidance and direction including:

(i) being available to the supervised individual for advice, consultation, and direction that is:

(A) consistent with the standards and ethics of the profession; and

(B) tailored to the individual's level of training, patient diagnoses, and other relevant factors;

(ii) working with the supervised individual to:

(A) develop a detailed supervision plan that includes:

(I) learning objectives; and

(II) progress goals; and

(B) update the supervision plan when there is a change in:

(I) employment;

(II) job function;

(III) supervision goals; or

(IV) the method of supervision;

(iii) periodically reviewing the client records assigned to the supervised individual;

(iv) ensuring that each supervised individual knows and adheres to the supervised individual's authorized scope of practice; and

(v) reviewing and understanding the statutes, rules, and ethics specific to the license type the supervised individual is working toward;

(i) ensuring that both parties follow the supervision contract;

(ii) monitoring the supervised individual's performance for compliance with all applicable laws, rules, standards, and professional ethics;

(iii) being professionally responsible for the supervised individual's acts and practices that are part of the required clinical supervision; and

(iv) after the supervisor becomes aware of a supervised individual's violation or practice outside the scope of practice:

(A) providing notice to the Division within ten days;

(B) not approve a supervised individual's hours performed outside the supervised individual's authorized scope of practice towards licensure; and

(d) manage documentation and reporting including:

(i) requiring each supervised individual to maintain a monthly supervision log;

(ii) upon completion of the supervised individual's required clinical training, submitting the following to the Division on forms provided by the Division:

(A) documentation verifying that the supervised individual completed the required clinical supervision hours; and

(B) the supervisor's evaluation of the supervised individual's competency to practice subject to Subsection (2)(d)(iii);

(iii) notifying the Division if the clinical supervisor does not support the issuance of a license to the individual or has other concerns and submitting:

(A) the supervised individual's current hours reporting form; and

(B) a written explanation of the clinical supervisor's concerns;

(iv) notifying the Division in writing within 30 days of:

(A) the termination of a supervision contract;

(B) a change in the supervised individual's place of employment; or

(C) disciplinary action taken against a supervised individual at their place of employment that involves professional misconduct or unlawful conduct; and

(v) complying with the confidentiality requirements of Section 58-60-114;

(e) defining the structure of the clinical supervision including specifying the following:

(i) up to ten hours of direct clinical supervision may be counted toward the supervised individual's licensure hours in any 30-day period;

(ii) clinical supervision will occur in proportion to the number of actual hours that the supervised individual works;

(iii) clinical supervisions may be provided:

(A) through:

(I) group clinical supervision sessions with up to six supervised individuals in a group;

(II) in one-on-one sessions; or

(III) a combination of Subsections (3)(e)(iii)(A)(I) and (II); and

(B) using one of the following formats:

(I) in-person; or

(II) via electronic means that comply with state and federal laws; and

(iv) each clinical supervision session and format used will encourage clear, accurate communication that meets confidentiality standards and promotes professional growth; and

(f) address disciplinary matters including:

(i) a clinical supervisor subject to a Division disciplinary order and is no longer a Division-approved supervisor under Section R156-60e-30 shall:

(A) inform each supervised individual that the clinical supervisor is no longer a Division-approved clinical supervisor; and

(B) assist each supervised individual find alternate clinical supervision; and

(ii) a supervisor who agrees to supervise a licensee under a Division-ordered disciplinary action shall review and understand the order, follow all stipulations, and help the licensee remediate the behaviors that led to the discipline.

(3)(a) If the clinical supervisor's employer compensates the clinical supervisor for supervising a supervised individual, then the clinical supervisor may not charge the supervised individual an additional fee.

(b) If the supervised individual directly pays the clinical supervisor for the supervision services, then the clinical supervisor shall:

(i) notify the clinical supervisor's employing agency;

(ii) obtain and maintain written approval from the employing agency; and

(iii) produce the written approval to the Division upon request.

(4) If the clinical supervisor's license expires or receives formal Division discipline, then any of the supervised individual's clinical supervision hours obtained after the expiration or the discipline may only be counted toward licensure hours if approved by the Division in collaboration with the Board.

(5) If the Division receives a supervisor's written concerns about a supervised individual under Subsection (3)(d)(iii), the Division:

(a) shall provide the supervised individual an opportunity to respond;

(b) shall review all statements with the Board; and

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-309 1. Supervised Individual - Duties and Responsibilities

(1) A supervised individual shall have the following duties and responsibilities:

(a) before beginning any clinical supervised training:

(i) enter a written supervision contract with the clinical supervisor that meets the requirements of Section R156-60e- 307.1;

(ii) submit a signed clinical supervisor association form, provided by the Division, to the Division; and

(iii) within 30 days of initiating supervision, submit to the Division the supervision contract and a clearly defined job description that is consistent with your scope of practice;

(b) Maintain compliance and ethical standards including:

(i) maintain all required licensure;

(ii) maintain a professional relationship with the clinical supervisor ensuring that:

(A) the clinical supervisor is independent of control from the supervised individual; and

(B) the ability of the clinical supervisor to supervise and direct the practice of the supervised individual is not compromised by a relationship where the supervisor is controlled by:

(I) the supervised individual; or

(II) the supervised individual's employing agency, if the supervised individual has ownership in the employing agency;

(iii) comply with the terms of the supervision contract;

(iv) comply with the confidentiality requirements of Section 58-60-114;

(v) adhere to all applicable laws, rules, standards, and ethics of the profession; and

(vi) maintain employment providing clinical mental health services at a public agency or a private clinic; and

(i) the termination of a supervision contract;

(ii) a change in the supervised individual's place of employment; or

(iii) disciplinary action taken against a supervised individual at their place of employment that involves professional misconduct or unlawful conduct.

(2) A supervised individual may not count any hour practicing outside their authorized scope of practice towards licensure.

(3) If the supervised individual's license expires or receives formal Division discipline, then any of the supervised individual's clinical supervision hours obtained after the expiration or the discipline may only be counted toward licensure hours if approved by the Division in collaboration with the Board.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-402 1. Ongoing Professional Development - Continuing Education

(1) Under Subsections 58-1-203(1)(g), 58-1-308(3)(b), and 58-60-102.5(5)(d), and Sections 58-60-105 and 58-60- 205.5, and subject to Subsection (9), the hours of ongoing professional development requirements or continuing education requirements for each two-year renewal cycle shall:

(a) be completed by a licensed individual based on the educational degree used for licensure or the equivalent as follows:

(i) 40 hours for a master's degree or higher;

(ii) 20 hours for a bachelor's degree; or

(iii) ten hours for an associate's degree; and

(b) include:

(i) six hours of professional ethics, law, or ethics of technology; and

(ii) two hours in suicide prevention through a course that meets the requirements of Section R156-60e-302.1.

(2) A licensed individual who completes more than the required number of ongoing professional development hours during a two-year renewal cycle may carry over excess hours to the next two-year renewal cycle based on educational degree used for licensure or equivalent as follows:

(a) up to ten hours for a master's degree or higher;

(b) up to five hours for a bachelor's degree; or

(3) Under Subsection 58-60-102.5(5)(d) and Sections 58-60-105 and 58-60-205.5, a licensed individual shall complete the ongoing professional development hours required under Subsection (1) through courses that are:

(a) approved, conducted, or under the sponsorship of one of the following:

(i) an accredited institution of higher education;

(ii) county, state, or federal agency;

(iii) professional association, or similar body, involved in clinical mental health therapy or substance use disorder treatment; or

(iv) mental health agency that provides clinical mental health services or substance use disorder treatment;

(b) completed in one of the following formats:

(i) college or university lecture and discussion, up to three ongoing professional development hours per semester hour or one and one-half hours per quarter hour;

(ii) professional conference;

(iii) lecture or instruction, up to two times per course and up to five hours;

(iv) seminar;

(v) training session;

(vi) synchronous distance learning course that is clearly documented as real-time and interactive;

(vii) asynchronous distance learning course that is not real-time or interactive, up to ten hours;

(viii) specialty certification;

(ix) certifiable clinical readings, up to ten hours;

(x) direct clinical supervision of a licensed individual completing the experience requirements for advanced licensure, up to ten hours;

(xi) volunteer service on a board, committee, or in a leadership role in any state, national, or international organization for the development and improvement of the licensed individual's profession up to six hours;

(xii) volunteer service providing mental health services, up to ten hours;

(xiii) peer case consultation, up to ten hours; or

(xiv) peer direct observation, up to ten hours;

(c) prepared and presented by an individual who is qualified by education, training, and experience to provide ongoing professional development;

(d) relevant to the licensed individual's scope of practice; and

(e) is verified by:

(i) a certificate of course completion that shall include the following:

(A) name of the attendee;

(B) name of course provider;

(D) date of the course;

(E) title of the course;

(F) number of course hours;

(G) course objectives; and

(H) format of professional development under Subsection (3)(b); or

(ii) a letter from:

(A) a peer who also participated; or

(B) an individual who oversaw the licensee's volunteer service.

(4) A licensed individual shall maintain adequate documentation as proof of compliance for two years after the end of the renewal cycle for which the ongoing professional development is due.

(5) An individual may only carry forward ongoing professional development hours completed after the renewed license was initially granted including any professional upgrade.

(6) Ongoing professional development hours shall be increased or decreased proportionately based on the date of licensure within the two-year renewal cycle.

(7) Under Section R156-1-308d, the Division may defer or waive ongoing professional development requirements.

(8) The Division shall randomly audit a licensed individual's ongoing professional development hours during each two-year renewal window.

(9) To maintain approval, Division-approved clinical supervisors shall complete an additional six hours of ongoing professional development specifically related to supervision during each two-year renewal cycle.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-403 1. Renewal and Reinstatement of License

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 60, Mental Health Professional Practice Act, is established in Section R156-1-308a.

(2) Under Section 58-60-117, the Division may extend a current externship license or reinstate an expired externship license for one additional three-year term if the licensed individual completes the following:

(a) submits an application;

(b) pays the application fee; and

(3) Under Sections 58-60-304, 58-60-404, and 58-60-504, the Division may reinstate an associate license for one additional three-year term if the licensed individual completes the following:

(a) submits an application;

(b) pays the application fee;

(c) has completed at least 40 hours of ongoing professional development under Section R156-60e-402.1 during the preceding two years;

(d) has attempted the specific mental health profession exam at least once while holding the previous associate license; and

(e) has completed at least one-half of the supervision hours required to advance licensure.

(4) Under Subsections 58-1-203(g), 58-60-102.5(4)(d)(iii), 58-60-102.5(4)(e)(iii), and 58-60-102.5(4)(f)(iii), reinstatement procedures shall be in accordance with this section and Sections R156-1-308a through R156-1-308l, except as provided in Subsection (5).

(5) Under Subsection 58-1-308(6)(a) and Section R156-1-308g, an applicant for reinstatement of licensure whose unencumbered license has been expired between two and five years shall, upon Division request:

(a) meet with the Behavioral Health Board's Qualification and Professional Development Advisory Committee to evaluate the applicant's ability to safely and competently practice within the scope for the license held; and

(b) if recommended by the Behavioral Health Board's Qualification and Professional Development Advisory Committee with the concurrence of the Behavioral Health Board, complete one or more of the following:

(i) establish a plan of clinical supervision under an approved supervisor which may include up to 1,200 hours of direct client care while holding an associate's level license or CSW license before qualifying for reinstatement of full master's level licensure; or

(ii) complete up to 40 hours of continuing education in subjects determined by the Behavioral Health Board's Qualification and Professional Development Advisory Committee.

(6) Under Subsections 58-1-308(5)(a) and (6)(a) and Section R156-1-308h, an applicant for reinstatement of licensure whose license was suspended, revoked, or otherwise disciplined shall, upon Division request:

(a) meet with the Behavioral Health Board's Background and Investigations Advisory Committee to evaluate the applicant's ability to safely and competently practice within the scope for the license held; and

(b) if recommended by the Background and Investigations Advisory Committee with the concurrence of the Behavioral Health Board, agree to one of the following:

(i) a three-year probationary license with conditions set by the Behavioral Health Board; or

(ii) a five-year probationary license with conditions set by the Behavioral Health Board.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 1. Unprofessional Conduct Affecting All Mental Health License Holders

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) using one of the following abbreviated titles without the required licensure:

(a) ACMHC;

(b) ACMHC-Extern;

(d) AMFT;

(e) AMFT-Extern;

(f) ASUDC;

(g) BHC unless licensed has a behavioral health coach;

(h) CMHC;

(i) CSW;

(j) LCSW;

(k) MAC;

(l) MFT;

(m) SSW; or

(n) SUDC;

(2) acting as a supervisor or accepting supervision from a supervisor without complying with or ensuring compliance with Subsections 58-60-102(3), (4), and (7) through (10), and Sections R156-60e-307.1, R156-60e-308.1, and R156-60e-309.1;

(3) directing one's clinical supervisor to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervisor's profession;

(4) directing a supervised individual to engage in a practice that would violate any statute, rule, or generally accepted professional or ethical standard of the supervised individual's profession;

(5) providing supervision without current and valid status as a Division-approved clinical supervisor;

(6) engaging in, aiding, or abetting:

(a) conduct or a practice that is dishonest, deceptive, or fraudulent;

(b) deceptive or fraudulent billing practices;

(c) sexual harassment or any conduct that is exploitive or abusive concerning a student, trainee, employee, or colleague with whom the licensed individual has supervisory or management responsibility; or

(d) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

(7) engaging in a dual relationship or multiple relationships with a client or former client in violation of the standards set by the licensee's professional code of ethics as established in this rule;

(8) knowingly engaging in a sexual activity or sexual contact with a client's relative or another individual with whom the client maintains a relationship in violation of the standards set by the licensee's professional code of ethics as established in this rule;

(9) exploiting one of the following for personal gain:

(a) a client;

(b) a former client; or

(10) failing to:

(a) establish and maintain professional boundaries with a client or former client;

(b) exercise professional discretion and impartial judgment required for the performance of professional activities, duties, and functions;

(i) custodial or parental rights;

(ii) divorce;

(iii) domestic relationships;

(iv) adoption;

(v) mental competency;

(vi) mental health; or

(vii) another determination concerning an individual's civil or legal rights;

(d) maintain client records including records of assessment, treatment, progress notes, and billing information, for at least ten years from the documented termination of services to the client;

(e) provide client records in a reasonable time upon written request of the client or the client's legal guardian;

(f) obtain informed consent from the client or the client's legal guardian before recording or permitting a third-party observation of a client's activities or records;

(g) protect the confidences of an individual named or identified in the client records;

(h) follow the Model Standards of Practice for Child Custody Evaluation of the Association of Family and Conciliation Courts (AFCC) May 2006, which is incorporated by reference;

(i) cooperate with the Division during an investigation;

(j) obtain a thorough working knowledge of the Code of Ethics specifically related to the licensed individual's professional practice;

(k) as a supervisor, obtain a thorough working knowledge of the Code of Ethics specifically related to any supervised individual's professional practice; or

(l) provide notification as required under Subsection 58-60-110(1)(e) on each agency or practitioner website or provide notification by paper or electronic document to each individual receiving mental health services;

(11) when providing services remotely, failing to:

(a) practice according to professional standards of care in the delivery of services;

(b) protect the security of electronic confidential data and information; or

(12) violating:

(a) Section R156-60e-307.1 regarding the clinical supervision contract;

(b) Section R156-60e-308.1 as a clinical supervisor; or

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 2. Unprofessional Conduct Specific To Social Work Licensed Professionals

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) failing to abide by the following:

(a) NASW Code of Ethics as approved by the 1996 NASW Delegate Assembly and revised by the 2020 and 2021 NASW Delegate Assembly, which is incorporated by reference; and

(b) NASW, ASWB, CSWE, and Clinical Social Work Association (CSWA) Standards for Technology in Social Work Practice as approved by the 2017 NASW Delegate Assembly, which is incorporated by reference; or

(2) engaging in the supervised practice of clinical mental health therapy as a licensed CSW if the licensed individual:

(a) has not completed a clinical practicum while obtaining a master's degree accredited by CSWE or the Canadian Association of Schools of Social Work; or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Sections R156-60e-307.1 and R156-60e-309.1.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 3. Unprofessional Conduct Specific To Marriage and Family Therapy Licensed Professionals

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) failing to abide by the AAMFT Code of Ethics, effective January 1, 2026, which is incorporated by reference; or

(2) engaging in the supervised practice of clinical mental health therapy as a licensed AMFT or AMFT-Extern if the licensed individual:

(a) has not completed a clinical practicum while obtaining a master's degree accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Sections R156-60e-307.1 and R156-60e-309.1.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 4. Unprofessional Conduct Specific To Clinical Mental Health Counselor Licensed Professionals

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) failing to abide by the American Mental Health Counselors Association's AMHCA Code of Ethics, Revised 2020, which is incorporated by reference; or

(2) engaging in the supervised practice of clinical mental health therapy as a licensed ACMHC or ACMHC-Extern if the licensed individual:

(a) has not completed a clinical practicum while obtaining a master's degree accredited by CHEA or the Council for Accreditation of Counseling and Related Educational Programs (CACREP); or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Sections R156-60e-307.1 and R156-60e-309.1.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 5. Unprofessional Conduct Specific To Substance Use Disorder and Master Addiction Counselor Licensed Professionals

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) failing to abide by the NAADAC/NCC AP Code of Ethics, January 1, 2021 edition, which is incorporated by reference;

(2) engaging in the supervised practice of substance use disorder treatment as a licensed ASUDC if the licensed individual:

(a) has not completed a substance use disorder education program accredited by CHEA; or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Sections R156-60e-307.1 and R156-60e-309.1; or

(3) engaging in the supervised practice of clinical mental health or substance use disorder therapy as a licensed AMAC if the licensed individual:

(a) has not completed a clinical practicum while obtaining a master's degree accredited by:

(i) CHEA; or

(ii) the National Addiction Studies Accreditation Commission (NASAC); or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Sections R156-60e-307.1 and R156-60e-309.1.

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

Utah Admin. Code R156-60e-502 6. Unprofessional Conduct Specific To Behavioral Health Coach and Behavioral Health Technician Licensed Professionals

Under Subsection 58-60-110(2), "unprofessional conduct" includes:

(1) failing to abide by the following:

(a) NASW Code of Ethics as approved by the 1996 NASW Delegate Assembly and revised by the 2020 and 2021 NASW Delegate Assembly, which is incorporated by reference; and

(2) engaging in the supervised practice of providing mental health or substance use disorder services as a licensed behavioral health coach if the licensed individual:

(a) has not completed a practicum while obtaining a bachelor's degree from a regionally accredited institution of higher education; or

(b) is not in compliance with Subsection 58-60-110(1)(b) and Subsections 58-60-601(4) and (6).

History

KEY: licensing, social worker, therapist, marriage and family therapist, counselor, mental health, clinical mental health counselor, substance use disorder counselor, master addiction counselor, behavioral health coach, behavioral health technician
Date of Last Change: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-201; 58-60-301; 58-60-401; 58- 60-501

R156-61 Psychologist Licensing Act Rule

Utah Admin. Code R156-61-101 Title -- Authority -- Relationship to Rule R156-1

(1) This rule is known as the "Psychologist Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 61, Psychologist Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 61, Psychologist Licensing Act. In addition:

(1) "Accredited by the APA-CoA or CPAAP" as used in Section R156-61-302a means that as of the date the student received the earned degree, the program:

(a) has obtained accreditation from the APA-CoA or CPAAP; or

(b)(i) has applied to the APA-CoA or CPAAP for accreditation;

(ii) has been approved by the APA-CoA for a site visit, which is to occur within the ensuing six years; and

(iii) has not previously been denied accreditation by the APA-CoA or CPAAP.

(2) "APA" means the American Psychological Association.

(3) "APA-CoA" means the American Psychological Association Committee on Accreditation.

(4) "Approved diagnostic and statistical manual for mental disorders" as used in Subsection 58-61-102(7) means:

(a) the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision, (DSM-5-TR) published by the American Psychiatric Association; or

(b) the International Classification of Diseases, Tenth Revision, Clinical Modifications (ICD-10-CM), published as the ICD-10-CM: The Complete Official Codebook by the American Medical Association.

(5) "ASPPB" means the Association of State and Provincial Psychology Boards.

(6) "CPAAP" means the Canadian Psychological Association Accreditation Panel.

(7) "Direct supervision" as used in Subsection 58-61-304(1)(e) means the supervisor meets with the supervised individual:

(a) when both are physically present in the same room at the same time; or

(b) remotely using real-time electronic methods that allow for visual and audio interaction between the supervisor and the supervised individual, pursuant to a remote supervision agreement that meets the requirements of Section R156-61-302b.

(8) "Doctoral internship" means a formal training program that:

(a) meets the minimum requirements of the APA-CoA; and

(b) culminates in a doctoral degree in:

(i) clinical psychology;

(ii) school psychology; or

(iii) counseling psychology.

(9) "EPPP" means the Examination for the Professional Practice of Psychology developed by the ASPPB.

(10) "On-the-job training program approved by the Division" as used in Subsection 58-1-307(1)(c) referenced by Subsection 58-61-301(1)(b) means a program that meets the standards established in Section R156-61-302b.

(11)(a) "Psychology training" as used in Subsections 58-61-304(1)(d), R156-61-302b(1), R156-61-302e(8), and R156- 61-402(3)(b), and Section R156-61-302d means practical training experience:

(i) providing direct services in the practice of mental health therapy and psychology under supervision; and

(ii) that includes:

(A) an APA-accredited internship; or

(B) a doctoral internship that is substantially equivalent to an APA-accredited internship under Subsection (11)(a)(ii)(A) as determined by the Division in collaboration with the Board.

(b) "Psychology training" does not include an activity that is not directly related to the practice of psychology, even if the activity is commonly performed by psychologists, such as:

(i) psychology coursework;

(ii) analog clinical activities, such as role plays;

(iii) activities required for business purposes, such as billing;

(iv) supervision of others engaged in activities when the supervision does not constitute the practice of psychology, such as supervising adolescents in wilderness settings; or

(v) activities commonly performed by non-psychologists, such as teaching psychology on topics not of a professional nature.

(12) "Qualified faculty" as used in Subsection 58-1-307(1)(b), means a university faculty member who:

(a) is licensed in Utah as a psychologist;

(b) provides doctoral supervision of clinical or counseling experience in a university setting; and

(13) "Residency program" as used in Subsection 58-61-301(1)(b), means a program of postdoctoral supervised clinical training necessary to meet licensing requirements as a psychologist.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-302a Qualifications for Licensure - Education Requirements

(1)(a) Under Section 58-61-304, an institution or program of higher education awarding a doctoral degree in psychology shall meet approval criteria in this section to qualify an applicant for:

(i) licensure as a psychologist under Subsection 58-61-304(1)(c);

(ii) certification in the classification of certified prescribing psychologist under Subsection 58-61-304(4)(c)(i); or

(iii) certification in the classification of provisional prescribing psychologist under Subsection 58-61-304(6)(c)(i).

(b) The institution or program of higher education shall meet the approval criteria on or before the date the applicant received the earned degree.

(c) An applicant's date of completion or receipt of the applicant's earned degree is the graduation date on the applicant's official transcript.

(d) If the course titles on an applicant's transcript do not clearly reflect the specific core course work required by this section, the applicant shall document for the Division the course or combination of courses in which the material was covered.

(e) An applicant shall have graduated from the qualifying accredited or chartered degree program. Another program within the department or institution does not meet approval criteria unless that program is separately accredited or chartered.

(f) If a transcript does not uniquely identify the qualifying accredited or chartered degree program, the applicant shall provide signed, written documentation from the program director or department chair that the applicant graduated from the qualifying accredited or chartered degree program.

(2) An applicant may demonstrate approval criteria by providing satisfactory evidence that the individual's institution or program of higher education was accredited by the APA-CoA or CPAAP, as defined in Section R156-61-102.

(3) An applicant may demonstrate approval criteria by providing satisfactory evidence that the individual's institution or program of higher education was regionally accredited in a state, district, or territory of the United States , or provincially or territorially chartered in Canada, and met the following criteria:

(a) the program is a psychology program that:

(i) is a distinct, recognizable entity within the institution;

(ii) offers an integrated and organized sequence of study planned to provide appropriate training for the practice of psychology; and

(iii) consists of only graduate-level courses, with no coursework counted or credited toward an undergraduate degree;

(b) has identifiable full-time faculty;

(c) has a designated full-time faculty member responsible for the program, who at the faculty member's time of service would:

(i) qualify as a supervisor under Section R156-61-302d; or

(ii) as determined by the Division in collaboration with the Board, possess substantially equivalent education, experience, and training to qualify for licensure under Title 58, Chapter 61, Psychologist Licensing Act;

(d) has an identifiable body of students who are matriculated in the program for a degree;

(e) has examination and grading procedures designed to evaluate the degree of mastery of the subject matter;

(f) has a curriculum that encompasses at least three academic years of full-time graduate study, including the following specific core course work:

(i) professional ethics and standards;

(ii) research design and methodology, such as techniques of data analysis, inferential statistics, descriptive statistics, research implementation, program evaluation, or assessment;

(iii) theories and methods of effective intervention, such as consultation, supervision, or evaluation of treatment efficacy;

(iv) theories and methods of assessment and diagnosis;

(v) biological bases of behavior, such as physiological psychology, neuropsychology, sensation and perception, comparative psychology, or psychopharmacology;

(vi) cognitive-affective bases of behavior, such as learning, thinking, motivation, or emotion;

(vii) social bases of behavior, such as social psychology, group processes, or organizational and systems theory;

(viii) individual differences, such as personality theory, human development, or abnormal psychology; and

(ix) issues of cultural and individual diversity;

(g) has a supervised practicum experience of at least 400 hours that is appropriate to the practice of psychology, and which includes at least:

(i) 150 hours of direct service experience; and

(ii) 20 hours in formally scheduled supervision;

(h) included:

(i) a doctoral internship as defined in Subsection R156-61-102(8); or

(ii) a supervised internship:

(A) in:

(I) clinical psychology;

(II) school psychology; or

(III) counseling psychology;

(B) with at least 1,500 experience hours; and

(I) is accredited by the APA-CoA or CPAAP; or

(II) the Division determines is substantially equivalent to the APA-CoA or CPAAP published guidelines and principles for accreditation of internships.

(4) An applicant may demonstrate approval criteria by providing satisfactory evidence that when the applicant earned the degree, the applicant's institution or program was:

(a) located in a state, district, or territory of the United States or Canada, and had "designated" status from the ASPPB National Register Joint Designation Committee; or

(b) located outside of the United States or Canada and met the ASPPB National Register Designation Guidelines for defining a doctoral degree in psychology.

(5) If an applicant's training for the applicant's doctoral degree in psychology was not designed to lead to clinical practice, or if the applicant wishes to practice in a substantially different area than the applicant's training, then the applicant shall complete a program of respecialization that:

(a) is designed to prepare an individual with a degree in psychology with the necessary skills to practice psychology;

(b) has respecialization activities that include substantial requirements formally offered as an organized sequence of course work and supervised practicum;

(c) leads to a certificate or similar recognition by an educational body that offers a doctoral degree qualifying for licensure in the same area of practice as the certificate; and

(d) meets approval criteria in this section.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-302b Qualifications for Licensure - Experience Requirements

(1)(a) To qualify for licensure as a psychologist under Subsection 58-61-304(1)(d) or as a psychologist also qualified to engage in mental health therapy under Subsections 58-61-304(1)(d) and (e), an applicant shall complete at least 4,000 hours of psychology training approved by the Division in collaboration with the Board.

(b) Under Subsection 58-61-304(1)(d), an applicant shall obtain the 4,000 hours of psychology training in Subsection (1)(a) while the applicant is:

(i) under the supervision of an approved psychologist supervisor under Section R156-61-302d; and

(ii)(A) enrolled in an approved doctoral program, with at least one hour of supervision for every 20 hours of doctoral training experience; or

(B) completing postdoctoral training experience, with at least:

(I) one hour of supervision each week, if the individual is working full time; or

(II) two hours of supervision each month.

(c) Under Subsection 58-61-304(1)(d), a supervised individual may accrue any portion of the 4,000 hours of psychology training obtained through:

(i) a psychology training experience while enrolled in an approved doctoral program;

(ii) a doctoral internship;

(iii) postdoctoral psychology training; or

(iv) licensed as a certified psychology resident.

(d) A supervised individual may not count any hour toward the 4,000 hours of psychology doctoral clinical training under Subsection (1)(a) if the individual completed the hour under the supervision of an individual who is not an approved psychologist supervisor under Section R156-61-302d.

(2)(a) Under Subsection 58-61-301(1)(b), an individual engaged in a postdoctoral residency program of supervised clinical training shall be certified as a psychology resident.

(b) Under Subsections 58-1-307(1)(c), 58-61-301(1)(b), and R156-61-102(10), an on-the-job training program approved by the Division:

(i) shall:

(A) include only individuals who have completed all courses required for graduation in a doctoral degree that satisfies the licensure requirements under Title 58, Chapter 61, Psychologist Licensing Act and this rule;

(B) start immediately upon completion of all courses required for graduation;

(D) be completed while the individual is an employee of a public or private agency engaged in the practice of psychology; and

(E) be supervised by an individual who:

(I) is licensed under Title 58, Chapter 61, Psychologist Licensing Act; and

(II) conducts supervision at least weekly in circumstances where the supervisor and the supervised individual are physically present in the same room at the same time; and

(ii) may not be:

(A) extended; or

(B) used a second time.

(3) An applicant for licensure as a psychologist who has started and completed all or part of the psychology or mental health therapy training requirements under Subsection (1)(a) outside the state, may receive credit for that training if the applicant provides satisfactory evidence to the Division that the training is equivalent to the requirements for training under Subsections 58-61-304(1)(d) and (e), and Subsection (1).

(4)(a) Under Subsection 58-61-304(1)(e), an applicant training under remote direct supervision shall have a signed, written remote supervision agreement with the approved psychologist supervisor that meets the requirements of Subsection (4).

(b) A remote supervision agreement shall require the supervisor to conduct remote direct supervision only through real-time electronic methods that allow both visual and audio interaction between the supervisor and the supervised individual, and shall contain at least the following:

(i) provisions establishing the frequency, duration, reason for, and objectives of electronic meetings;

(ii) a plan to ensure the supervisor has access to the supervised individual despite the physical distance between the supervisor's office and the individual's office;

(iii) a plan to address potential conflicts between clinical recommendations of the supervisor and the representatives of the agency employing the supervised individual;

(iv) a plan to inform the supervised individual's employer and clients or patients about the supervised individual's use of remote supervision;

(v) a plan to comply with the supervisor's duties and responsibilities under Section R156-61-302e; and

(vi) a plan for the supervisor to physically visit the location where the supervised individual practices on at least a quarterly basis, or at a lesser frequency as approved by the Division in collaboration with the Board.

(c)(i) Before training under remote direct supervision, the supervised individual shall:

(A) submit the remote supervision agreement to the Division to evaluate if the remote supervision agreement adequately protects the health, safety, and welfare of the public; and

(B) receive written approval of the remote supervision agreement from the Division.

(ii) A supervised individual may not count toward the real-time live direct supervision requirement under Subsection 58-61-304(1)(e) any hour of remote supervision completed before the Division grants written approval of the supervised individual's remote supervision agreement.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-302c Qualifications for Licensure - Examination Requirements

(1) The examination requirements for licensure as a psychologist under Subsection 58-61-304(1)(f) are:

(a) the Professional Practice of Psychology (EPPP) developed by the ASPPB, with a passing score as recommended by the ASPPB; and

(b) the Utah Psychologist Law and Ethics Examination, with a passing score of at least 75%.

(2) An applicant may be admitted to the EPPP and Utah Psychologist Law and Ethics examinations in Utah only after meeting the requirements of Section 58-61-305.

(3)(a) If an applicant is admitted to an EPPP examination based upon substantive information that is incorrect and furnished knowingly by the applicant, the applicant shall receive a failing score and may not retake the examination until the applicant submits fees and a correct application demonstrating the applicant is qualified for the examination and explains to the satisfaction of the Division why the applicant knowingly furnished incorrect information.

(b) If an applicant is incorrectly admitted to the EPPP because of a Division or Board error and the applicant receives a passing score, the applicant may use the passing score for licensure only after the applicant corrects the deficiency that should have barred the applicant from EPPP admission.

(4) An applicant who has failed the EPPP three times may not receive subsequent admission to the EPPP until the applicant has:

(a) submitted to the Board a written statement outlining the applicant's:

(i) core barriers to successful completion of the EPPP;

(ii) plan for overcoming the core barriers, with goals in a specific, measurable, achievable, relevant, and time-bound (SMART) format; and

(iii) timeline for achieving the plan;

(b) appeared before the Board and developed with the Board a plan of study in appropriate subject matter; and

(5) An applicant who is found to be cheating on the EPPP or the Utah Psychologist Law and Ethics Examination or in any way invalidating the integrity of the examination shall automatically be given a failing score and may not retake the examination for at least three years or as determined by the Division in collaboration with the Board.

(6) Under Section 58-1-302 and consistent with Subsection 58-61-304(2)(d), an applicant for psychologist licensure by endorsement that is not based upon licensure in another jurisdiction shall pass the Utah Psychologist Law and Ethics Examination.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-302d Qualifications for Designation as an Approved Psychologist Supervisor

Under Subsection 58-61-304(1)(d) or (e), to be approved by the Division in collaboration with the Board as an approved psychologist supervisor of psychology training or mental health therapy training, an individual shall:

(1) be currently licensed in good standing as a psychologist in the jurisdiction in which the supervised training is being performed; and

(2) have practiced as a licensed psychologist for at least 4,000 hours.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-302e Duties and Responsibilities of an Approved Psychologist Supervisor

The duties and responsibilities of an approved psychologist supervisor under Subsection 58-61-304(1)(d) or (e) are further defined, clarified or established as follows. The approved psychologist supervisor shall:

(1) be professionally responsible for the acts and practices of the supervised individual that are a part of the required supervised training, including supervision of the activities requiring a mental health therapy license;

(2) engage in a relationship with the supervised individual in which the supervisor is independent from control by the supervised individual, and in which the ability of the supervisor to supervise and direct the practice of the supervised individual is not compromised;

(3) supervise not more than three full-time equivalent supervised individuals, unless otherwise approved by the Division in collaboration with the Board;

(4) be available for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total circumstances, including the supervised individual's level of training, ability to diagnose patients, and other factors determined by the supervisor;

(5) ensure compliance with the confidentiality requirements of Section 58-61-602;

(6) provide timely and periodic review of the client records assigned to the supervised individual;

(7) monitor the performance of the supervised individual for compliance with laws, standards, and ethics applicable to the practice of psychology;

(8) submit appropriate documentation to the Division with respect to work completed by the supervised individual, evidencing the performance of the supervised individual during the period of supervised psychology training and mental health therapist training, including the supervisor's evaluation of the supervised individual's competence in the practice of psychology and mental health therapy;

(9) ensure that the supervised individual is certified by the Division as a psychology resident, or is enrolled in a psychology doctoral program and engaged in a training experience authorized by the educational program; and

(10) ensure the approved psychologist supervisor is legally able to personally provide the services that the approved psychologist supervisor is supervising.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-402 Term, Expiration, Renewal, and Reinstatement of License

(1) Under Subsection 58-1-308(1) and Section 58-61-302, the renewal date for the two-year renewal cycle for licenses and certifications under Title 58, Chapter 61, Psychologist Licensing Act is established in Section R156-1-308a.

(2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

(3) Under Subsection 58-1-308(5)(a)(ii)(B) and subject to Subsection 58-1-308(6)(b), an applicant whose license was active and in good standing at expiration may apply for reinstatement of licensure between two years and five years after the date of expiration, by completing the following practice reentry requirements:

(a) upon request, meet with the Board for an evaluation of the applicant's current ability to safely and competently engage in practice and to determine what education, experience, or examination requirements the applicant shall complete before or after reinstatement;

(b) if recommended by the Board, establish a plan of supervision under an approved psychologist supervisor, that may include up to 4,000 hours of psychology training or mental health therapy training, or both;

(c) if the Board determines it is necessary to demonstrate the applicant's ability to engage safely or competently in practice, take or retake and pass the Utah Psychologist Law and Ethics Examination, or the EPPP, or both; and

(d) complete at least 48 hours of professional education in subjects determined necessary by the Board to ensure the applicant's ability to engage safely and competently in practice.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-403 Continuing Education

(1) Under Section 58-61-306, continuing education (CE) requirements for renewal or reinstatement of individuals licensed or certified under Title 58, Chapter 61, Psychologist Licensing Act are established in this section.

(2) During each two-year renewal cycle commencing on October 1 of each even-numbered year:

(a) a psychologist, including a certified prescribing psychologist or a certified provisional prescribing psychologist, shall complete at least 48 hours of continuing education;

(b) a certified psychology resident shall complete at least 24 hours of continuing education; and

(3)(a) If an individual first becomes licensed during the two-year renewal cycle, the individual's required number of continuing education hours shall be increased or decreased proportionately according to the date of licensure.

(b) The Division may defer or waive continuing education requirements as provided in Section R156-1-308d.

(4) Continuing education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program that is directly related to the practice of a psychologist;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have records of registration and completion available for review.

(5) Credit for continuing education during each two-year renewal cycle shall be recognized as follows:

(a) unlimited hours for continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) ten hours for teaching in a college or university, teaching continuing education courses in the field of psychology, or supervising an individual completing the experience requirement for licensure as a psychologist;

(d) A maximum of six hours for clinical readings directly related to practice as a psychologist;

(e) A maximum of 18 hours for internet or distance learning courses that include an examination and a completion certificate, and are recognized by the APA or a state or province psychological association; and

(f) A maximum of six hours for regular peer consultation, review, or meetings if the licensee has properly documented that the peer consultation, review, or meetings meet the requirements of Subsection (4).

(6) A licensee shall maintain documentation sufficient to prove compliance with this section, for a period of two years after the end of the renewal cycle for which the continuing education is due.

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) violation of any provision of the APA's Ethical Principles of Psychologists and Code of Conduct, January 1, 2017 edition, which is incorporated by reference;

(2) violation of any provision of the ASPPB Code of Conduct as adopted by the ASPPB, January 1, 2018 edition, which is incorporated by reference;

(3) acting as an approved psychologist supervisor, or accepting supervision, without complying with or ensuring compliance with the requirements of Sections R156-61-302d and R156-61-302e;

(4) engaging in, aiding, or abetting conduct or practices that are dishonest, deceptive or fraudulent;

(5) engaging in, aiding, or abetting deceptive or fraudulent billing practices;

(6) failing to establish and maintain appropriate professional boundaries with a client or former client;

(7) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(8) engaging in a sexual activity or sexual contact with a client with or without client consent;

(9) engaging in a sexual activity or sexual contact with a former client within two years of documented termination of services;

(10) engaging in sexual activity or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition that could reasonably be expected to place the client at a disadvantage recognizing the power imbalance that exists or may exist between the psychologist and the client;

(11) engaging in a sexual activity or sexual contact with a client's relative or other individual with whom the client maintains a relationship, when that individual is especially vulnerable or susceptible to being disadvantaged because of the individual's personal history, current mental status, or any condition that could reasonably be expected to place that individual at a disadvantage recognizing the power imbalance that exists or may exist between the psychologist and that individual;

(12) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

(13) engaging in, aiding, or abetting sexual harassment or any conduct that is exploitive or abusive with respect to a student, trainee, employee, or colleague over whom the licensee has supervisory or management responsibility;

(14) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health, or any other determination concerning an individual's civil or legal rights;

(15) exploiting a client for personal gain;

(16) using a professional client relationship to exploit a client or other person for personal gain;

(17) failing to maintain appropriate client records for a period of at least ten years from the documented termination of services to the client;

(18) failing to obtain informed consent from the client or legal guardian before taping, recording, or permitting third- party observations of client care or records;

(19) failing to cooperate with the Division during an investigation

(20) participating in a residency program or other post-degree experience without being certified as a psychology resident for postdoctoral training and experience;

(21) supervising a residency program of an individual who is not certified as a psychology resident; or

(22) when providing services remotely, failing to:

(a) practice according to professional standards of care in the delivery of services remotely;

(b) protect the security of confidential data and information; or

History

KEY: licensing, psychologists
Date of Last Change: August 7, 2026
Notice of Continuation: September 7, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

R156-61a Behavior Analyst Licensing Act Rule

Utah Admin. Code R156-61a-701 Title

This rule is known as the "Behavior Analyst Licensing Act Rule."

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61a-702 Definitions

In addition to the definitions in Title 58, Chapters 1 and 61, as used in this rule:

(1) "BACB" means Behavior Analyst Certification Board.

(2) "BCaBA" means Board Certified Assistant Behavior Analyst.

(3) "BCBA" means Board Certified Behavior Analyst.

(4)(a) "Experiential behavior analyst training" means:

(i) practical training experience providing behavior analysis services, including completing assessments, developing programs, implementing programs, training on programs, and ongoing monitoring of programs under supervision of a licensed behavior analyst; and

(ii) participating in at least one supervisory session every two weeks for no less than 5% of the total hours spent completing supervised hours.

(b) "Experiential behavior analyst training does not mean:

(i) attending meetings with little or no behavior-analytic content;

(ii) providing interventions that are not based in behavior analysis;

(iii) performing non-behavioral administrative activities;

(iv) completed non-behavioral assessments (e.g., diagnostic assessments, intellectual assessments); or

(v) completing paperwork, documentation, billing or any other activities that are not directly related to behavior analysis.

(5) "LaBA" means Licensed Assistant Behavior Analyst.

(6) "LBA" means Licensed Behavior Analyst.

(7) "Qualified supervisor" means a:

(a) LBA or psychologist who is licensed in good standing with the Division and has completed the supervision and experience training module administered by the BACB, who is supervision a LaBA or supervisee working towards obtaining the required experience to become licensed; or

(b) RBS, LBA or psychologist who is in good standing with the Division who is supervising a RaBS.

(8) "RaBS" means Registered Assistant Behavior Specialist.

(9) "RBS" means Registered Behavior Specialist.

(10) "Supervision contract" means a written contract between the qualified supervisor or a LaBA, RaBS, or a supervisee working towards obtaining the required experience to become licensed that includes at a minimum the following:

(a) the responsibilities of the supervisor and supervisee;

(b) a description of the appropriate activities and instructional objectives;

(d) the consequences should the parties not adhere to their responsibilities, including proper termination of the contract; and

(e) an attestation that both parties will adhere to the Professional and Ethical Compliance Code for Behavior Analysts issued by the BACB.

(11) "Supervision form" means a form to document ongoing supervision that includes at a minimum the following:

(a) the date of each supervisory meeting;

(b) the duration of each supervisory meeting;

(d) an evaluation of supervisee performance; and

(e) signature and date lines for supervisor and supervisee indicating when the form was completed and signed.

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61a-704 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 61 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61a-705 Qualifications for Licensure - Examination Requirements

(1) In accordance with Subsection 58-61-705(1)(f), an applicant for licensure as a LBA shall pass the BCBA Examination developed by the BACB.

(2) In accordance with Subsection 58-61-705(2)(f), an applicant for licensure as a LaBA shall pass the Board Certified Assistant Behavior Analyst Examination developed by the BACB.

(3) The passing score for each exam is 76%.

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61a-705a Qualifications for Licensure as a LBA - Equivalent Master or Doctorate Degree

(1) In accordance with Subsection 58-61-705(1)(d), an equivalent master or doctorate degree is a master or doctorate degree from an accredited university that:

(a) is in one of the following educational fields:

(i) education;

(ii) human services;

(iii) engineering;

(iv) medicine; or

(v) a field related to behavior analysis; and

(2) includes coursework in behavior analysis as approved and verified by the BACB.

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

Utah Admin. Code R156-61a-710 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to meet the requirements of Subsection R156-61a-702(7) while acting as a qualified supervisor;

(2) accepting supervision from an individual who does not meet the requirements of Subsection R156-61a-702(7);

(3) acting as a qualified supervisor of a LaBA, RaBS, or supervisee working towards obtaining the required experience to become licensed without first entering into a supervision contract as defined in Subsection R156-61a-702(10);

(4) accepting supervision from a qualified supervisor without first entering into a supervision contract as defined in Subsection R156-61a-702(10);

(5) acting as a qualified supervisor and failing to maintain supervision forms as defined in Subsection R156-61a-702(11); and

(6) failing to abide by the provisions of the Professional and Ethical Compliance Code for Behavior Analysts, issued by the BACB, effective January 1, 2016, which is adopted and incorporated by reference.

History

KEY: licensing, behavior analyst, behavior specialist
Date of Last Change: November 23, 2015
Notice of Continuation: September 3, 2025
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101

R156-63a Security Personnel Licensing Act Contract Security Rule

Utah Admin. Code R156-63a-101 Title

This rule is known as the "Security Personnel Licensing Act Contract Security Rule."

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 63, as used in Title 58, Chapters 1 and 63 or this rule:

(1) "Approved basic education and training program" means a basic education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63a-602; and

(b) has the content required by Section R156-63a-603.

(2) "Approved basic firearms training program" means a firearms education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63a-602; and

(b) has the content required by Section R156-63a-604.

(3) "Authorized emergency vehicle" is as defined in Subsection 41-6a-102(3).

(4) "Contract security company" includes a peace officer who engages in providing security or guard services when acting in a capacity other than as an employee of the law enforcement agency by whom the peace officer is employed.

(5) "Contract security company" does not include a company which hires as employees, individuals to provide security or guard services for the purpose of protecting tangible personal property, real property, or the life and well-being of personnel employed by, or animals owned by or under the responsibility of that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.

(6) "Compensated", as used in Subsection 58-63-302(1)(c)(viii)(A), means remuneration in the form of W-2 wages unless the qualifying agent is an owner of a contract security or armored car company, in which case "compensated" means the owner's profit distributions or dividends.

(7) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:

(a) a finding of guilt based on evidence presented to a judge or jury;

(b) a guilty plea;

(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(e) a pending diversion agreement; or

(f) a conviction which has been reduced pursuant to Section 76-3-402.

(8) "Corporate officer" as defined in Subsection 58-63-102(9), includes an individual who is on file with the Division of Corporations and Commercial Code as a limited liability company's company officer or "governing person" as defined in Subsection 48-3a-102(7), or as a limited partnership's "general partner" as defined in Subsection 48-2e-102(8).

(9) "Employee" means an individual providing services in the security guard industry for compensation, when the amount of compensation is based directly upon the security guard services provided and upon which the employer is required under law to withhold federal and state taxes, and for whom the employer is required under law to provide worker's compensation insurance coverage and pay unemployment insurance.

(10) "Instructor" means a person who directly facilitates learning through means of live in-class lecture, group participation, practical exercise, or other means, who has fulfilled the instructor experience and training requirements set forth in Section R156-63a-602.

(11) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63a-304.

(12) "Qualifying agent" means a natural person who meets all of the requirements set forth in Subsection 58-63- 302(1)(c).

(13) "Soft uniform" means a business suit or a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered badge or contract security company logo that clips on to or is placed over the front pocket.

(14) "Supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

(15) "Trainer" has the same meaning as "instructor".

(16) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-63a-502.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 63.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-201 Advisory Peer Committee created - Membership - Duties

(1) There is created in accordance with Subsection 58-1-203(1)(f), the Education Advisory Committee to the Security Services Licensing Board, consisting of:

(a) one member who is a corporate officer, director, manager or trainer of a contract security company;

(b) one member who is a corporate officer, director, manager or trainer of an armored car company;

(d) one member representing the general public; and

(e) one member who is a trainer, and who is also, in order of preference:

(i) a member of the Utah Peace Officers Association;

(ii) a qualifying agent of a licensed security company that is in good standing with the Division; or

(iii) a member of a security association that is in good standing wit the Utah Division of Corporations.

(2) The Education Advisory Committee shall be appointed and serve in accordance with Section R156-1-205. The duties and responsibilities of the Education Advisory Committee shall include assisting the Division in collaboration with the Board in their duties, functions, and responsibilities regarding the acceptability of educational programs, requesting approvals from the Division, and periodically reviewing all approved basic education and training programs and approved basic firearms training programs regarding current curriculum requirements.

(3) The Education Advisory Committee shall consider, when advising the Board of the acceptability of an education and training program:

(a) whether in keeping with Subsections R156-63a-102(1) and (2), or Subsections R156-63b-102(1) and (2), a proposed basic education and training program meets:

(i) the operating standards of Sections R156-63a-602 or R156-63b-602; and

(ii) the content requirements of Sections R156-63a-603 or R156-63b-603; and

(b) whether a proposed basic firearms training program meets:

(i) the operating standards of Sections R156-63a-602 or R156-63b-602; and

(ii) the content requirements of Sections R156-63a-604 or R156-63b-604.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302a Qualifications for Licensure - Application Requirements

(1) An application for licensure as a contract security company shall be accompanied by:

(a) two fingerprint cards for each of the applicant's:

(i) qualifying agent;

(ii) corporate officers;

(iii) directors;

(iv) equity holders or shareholders owning more than 5% of the equity or outstanding shares;

(v) partners;

(vi) proprietors; and

(vii) responsible management personnel; and

(b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and the Bureau of Criminal Identification, Utah Department of Public Safety, for each of the persons required to provide a fingerprint card under Subsection (1)(a) above.

(2) An application for licensure as an armed or unarmed private security officer shall be accompanied by:

(a) two fingerprint cards for the applicant; and

(b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records for the applicant with:

(i) the Federal Bureau of Investigation; and

(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety.

(3) Applications for change in licensure classification from unarmed to armed private security officer shall only require the following additional documentation:

(a) successful completion of an approved basic firearms training program; and

(b) an additional criminal history background check pursuant to Section 58-63-302 and Subsection R156-63a- 302a(2).

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302b Qualifications for Licensure - Basic Education and Training Requirements

(1) In accordance with Subsections 58-1-203(1)(b), 58-63-302(2)(g), and 58-63-302(2)(h), an applicant for licensure as an armed private security officer shall successfully complete:

(a) an approved basic education and training program, as defined in Subsection R156-63a-102(1); and

(b) an approved basic firearms training program, as defined in Subsection R156-63a-102(2).

(2) In accordance with Subsections 58-1-203(1)(b) and 58-63-302(3)(f), an applicant for licensure as an unarmed private security officer shall successfully complete an approved basic education and training program, as defined in Subsection R156-63a-102(1).

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302c Qualifications for Licensure - Examination Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the examination requirements for licensure in Section 58-63-302 are defined, clarified, or established herein.

(1) The qualifying agent for an applicant who is a contract security company shall obtain a passing score of at least 75% on the Utah Contract Security Company Qualifying Agent Examination.

(2) An applicant for licensure as an armed private security officer or an unarmed private security officer shall obtain a score of at least 80% on the approved basic education and training program's final examination.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302d Qualification for Licensure - Liability Insurance for a Contract Security Company

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the insurance requirements for licensure as a contract security company in Subsection 58-63-302(1)(j)(i) are defined, clarified, or established herein.

(1) An applicant shall file with the Division a "Certificate of Insurance" providing liability insurance for the following exposures:

(a) general liability;

(b) assault and battery;

(d) false arrest;

(e) libel and slander;

(f) invasion of privacy;

(g) broad form property damage;

(h) damage to property in the care, custody or control of the contract security company; and

(i) errors and omissions.

(2) The required insurance shall provide liability limits in amounts not less than $300,000 for each incident and not less than $1,000,000 total aggregate for each annual term.

(3) The insurance carrier must be an insurer which has a certificate of authority to do business in Utah, or is an authorized surplus lines insurer in Utah, or is authorized to do business under the laws of the state in which the corporate offices of foreign corporations are located.

(4) All contract security companies shall have a current insurance certificate of coverage as defined in Subsection (1) on file at all times and available for immediate inspection by the Division during normal working hours.

(5) All contract security companies shall notify the Division immediately upon cancellation of the insurance policy, whether such cancellation was initiated by the insurance company or the insured agency.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302e Qualifications for Licensure - Age Requirement for Armed Private Security Officer

In accordance with Subsections 76-10-509(1) and 76-10-509.4, an armed private security officer must be 18 years of age or older at the time of submitting an application for licensure.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302f Qualifications for Licensure - Good Moral Character - Disqualifying Convictions

(1) In accordance with Subsections 58-63-302(1)(h), (2)(c), and (3)(c), in addition to those criminal convictions prohibiting licensure, the following criminal convictions may disqualify an applicant or licensee from obtaining or holding an unarmed private security officer license, an armed private security officer license, or a contract security company license:

(a) crimes against a person as defined in Title 76, Chapter 5, Part 1;

(b) theft, including retail theft, as defined in Title 76;

(d) sex offenses as defined in Title 76, Chapter 5, Part 4;

(e) any offense involving a controlled substance as defined in Subsection 58-37-2(1)(f);

(f) fraud;

(g) extortion;

(h) treason;

(i) forgery;

(j) arson;

(k) kidnapping;

(l) perjury;

(m) conspiracy to commit any of the offenses listed herein;

(n) hijacking;

(o) burglary;

(p) escape from jail, prison, or custody;

(q) false or bogus checks;

(r) terrorist activities;

(s) desertion;

(t) pornography;

(u) two or more convictions for driving under the influence of alcohol within the last three years; and

(v) any attempt to commit any of the above offenses.

(2) An applicant may not obtain initial licensure or license renewal as an armed private security officer or as a contract security company providing armed private security services, and the license of an armed private security officer or of a contract security company providing armed private security services shall be automatically revoked, if the applicant or licensee is in violation of any provision set forth in:

(a) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

(b) Utah Code Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

(3) In accordance with Subsection 58-63-302(1), if the applicant or licensee is a contract security company, the background of the following individuals shall be considered:

(a) corporate officer;

(b) director;

(c) any shareholder owning 5% or more of the outstanding stock of the company as described in Subsection 58-63- 302(1)(d)(ii);

(d) partner;

(e) proprietor;

(f) qualifying agent; and

(g) management personnel employed within Utah or having direct responsibility for managing operations of the company within Utah.

(4) Criminal history and statutory violations that do not automatically disqualify an applicant under statute or rule shall be considered on a case-by-case basis in accordance with Section R156-1-302.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-302g Qualifications for Licensure - Immediate Issuance of an Interim Permit

In accordance with Section 58-63-310, upon receipt of a complete application for licensure as an unarmed private security officer or as an armed private security officer, the Division may immediately issue an interim permit to the applicant, if the applicant:

(1)(a) submits with the applicant's application an official criminal history report from the Bureau of Criminal Identification, Utah Department of Public Safety, showing "No Criminal Record Found";

(b) has not answered "yes" to any question on the qualifying questionnaire section of the application; and

(c) has not had a license to practice an occupation or profession denied, revoked, suspended, restricted, or placed on probation.

(2) If an applicant's application is denied, an interim permit issued under this section shall automatically expire.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 63 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-304 Continuing Education for Armed and Unarmed Private Security Officers as a Condition of Renewal

In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), the following continuing education requirements are established as a condition of renewal or reinstatement of licenses issued under Title 58, Chapter 63 in the classifications of armed private security officer and unarmed private security officer:

(1) Armed and unarmed private security officers shall complete at least 32 hours of continuing education during each two-year renewal cycle. A minimum of 16 hours shall be core continuing education; the remaining hours may consist of professional continuing education or core continuing education.

(a) "Core continuing education" is defined as education completed during a two-year renewal cycle, that covers each of the following topics:

(i) company operational procedures manual;

(ii) applicable state laws and rules;

(iii) legal powers and limitations of private security officers;

(iv) observation and reporting techniques;

(v) ethics;

(vi) management of aggressive behavior, use of force, de-escalation techniques;

(vii) emergency techniques; and

(viii) a recognized basic life saving course to obtain or maintain certification in:

(A) cardiopulmonary resuscitation (CPR);

(B) automated external defibrillator (AED);

(D) any other recognized basic life-saving skills.

(b) "Professional continuing education" is defined as education covering one or more of the following topics:

(i) executive protection;

(ii) basic self-defense;

(iii) driving techniques for the security professional;

(iv) escort techniques;

(v) crowd control;

(vi) access control and the use of electronic detection devices;

(vii) use of defensive items and objects;

(viii) homeland security involving bomb threats and anti-terrorism;

(ix) Americans with Disabilities Act (ADA) compliance; or

(x) any other topic relevant to the education of security professionals.

(2) In addition to the 32 hours of core/professional continuing education, an armed private security officer shall complete at least 16 hours of continuing firearms education and training during each two-year renewal cycle. Continuing firearms education and training:

(a) shall be completed in four-hour blocks every six months;

(b) may not include any hours for the continuing education requirement in Subsection R156-63a-304(1); and

(i) live classroom instruction concerning:

(A) the restrictions in the use of deadly force; and

(B) firearms safety on duty, at home, and on the range; and

(ii) a recognized practical pistol recertification course on which the licensee achieves a minimum score of 80% using regular or low light conditions.

(3) Credit for continuing education shall be recognized as follows:

(a) unlimited hours for core, professional, and firearm continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) unlimited hours for professional continuing education provided via the Internet, if the course provider verifies registration and participation in the course by means of an exam which demonstrates that the participant has learned the material presented;

(c) two hours for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received - whether core, professional, or firearms education and training - shall be based on the subject taught; and

(d) one professional continuing education hour for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period.

(4) Modification of Required Continuing Education Hours.

(a) A licensee who fails to complete the required four hours of continuing firearms education and training within the appropriate six-month period shall complete one and one half times the number of hours the licensee was deficient for the reporting period ("penalty hours"). Penalty hours shall not satisfy in whole or in part any of the continuing firearms education and training hours required for subsequent renewal of the license.

(b) If a renewal period is shortened or lengthened to effect a change of renewal cycle, the continuing education hours required for that renewal period shall be increased or decreased proportionately.

(5) A licensee shall maintain documentation showing compliance with the requirements of this section, such as certificates of completion or course handouts and materials, for a period of three years from the end of the renewal period for which the continuing education is due.

(6) A contract security company licensed under this chapter shall:

(a) review continuing education courses and approve for its employees only those courses that meet the requirements of this section;

(b)(i) maintain accurate records of its approved continuing education courses and of each employee's attendance and course completion; and

(ii) make such records available for audit by representatives of the Division; and

(i) maintains accurate records of attendance and course completion, by individual licensee, that are available for review by the licensed company, the Division, and the licensee; and

(ii) provides individuals completing the course a certificate identifying the:

(A) name of the individual;

(B) date the course was taken;

(D) title of the course identifying its topic(s) as outlined in Subsection R156-63a-304(1);

(E) name of the continuing education provider and instructor;

(F) exam score for any exam taken; and

(G) number of continuing education hours completed.

(7) On a random basis, the Division may assign monitors at no charge to attend a continuing education course for the purpose of evaluating the course and the instructor.

(8) The initial licensure education and training programs defined in Subsections R156-63a-102(1) and (2) may not be used to satisfy, in whole or in part, any of the continuing education requirements of this section.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-305 Criminal History Renewal and Reinstatement Requirement

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b) and R156-1-302, a criminal history background check is required for all applications for renewal and reinstatement.

(2) The criminal history background check shall be performed by the Division and is not required to be submitted by the applicant.

(3) If the criminal background check discloses a criminal background, the Division shall evaluate the criminal history in accordance with Sections 58-63-302 and R156-63a-302f to determine appropriate licensure action.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-306 Change of Qualifying Agent

Within 60 days after a qualifying agent for a licensed contract security company ceases employment with the licensee, or for any other reason is not qualified to be the licensee's qualifier, the contract security company shall file with the Division an application for change of qualifier on forms provided by the Division, accompanied by a fee established in accordance with Section 63J-1-504.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-502 Unprofessional Conduct

"Unprofessional conduct" includes the following:

(1) making any statement that would reasonably cause another person to believe that a private security officer functions as a law enforcement officer or other official of this state or any of its political subdivisions or any agency of the federal government;

(2) utilizing a vehicle with markings, lighting, and/or signal devices that imply or suggest that the vehicle is an authorized emergency vehicle as defined in Subsection 41-6a-102(3) and Section 41-6a-310;

(3) utilizing a vehicle with an emergency lighting system that violates the requirements of Section 41-6a-1616 of the Utah Motor Vehicle Code;

(4) wearing a uniform, insignia, or badge that would lead a reasonable person to believe that the unarmed or armed private security officer is connected with a federal, state, or municipal law enforcement agency;

(5) being incompetent or negligent as an unarmed private security officer, an armed private security officer, or a contract security company, so as to cause injury to a person or create an unreasonable risk that a person might be harmed;

(6) failing as a contract security company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees so as to place the public health and safety at risk;

(7) failing to immediately notify the Division of the cancellation of the contract security company's insurance policy;

(8) failing as a contract security company or an armed or unarmed private security officer to report a criminal offense pursuant to Section R156-63a-613;

(9) pursuant to Subsection R156-63a-613(1), failing as a contract security company or an armed or unarmed private security officer to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. Chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(10) wearing a uniform, insignia, or badge, or displaying a license, that would lead a reasonable person to believe that an individual is connected with a contract security company, when not employed as an armed or unarmed private security officer by a contract security company;

(11) failing as an armed or unarmed private security officer to complete required continuing education hours, in violation of Section R156-63a-304; and

(12) failing as a contract security company to comply with Subsection R156-63a-304(6) regarding continuing education courses or providers.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-503 Mandatory Sanctions - Administrative Penalties

(1) The license of a contract security company or an armed private security officer shall be suspended for a period of time determined by the Board if the licensee fails to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. Chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(2) In accordance with Subsection 58-63-503, the following citation fine schedule shall apply to citations issued under Title 58, Chapter 63:

TABLE

FINE SCHEDULE

FIRST OFFENSE

Armed or Unarmed

Violation Contract Security Company Security Officer

58-63-501(1) $ 800.00 N/A

58-63-501(4) $ 800.00 $ 500.00

SECOND OFFENSE

58-63-501(1) $1,600.00 $1,000.00

58-63-501(4) $1,600.00 $1,000.00

(3) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-63-503(3)(h)(iii).

(4) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(5) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(6) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-601 Operating Standards - Firearms

(1) An armed private security officer shall carry only that firearm with which the officer has passed an approved basic firearms training program.

(2) Shotguns and rifles owned and issued by the contract security company, may be used in situations where they would constitute an appropriate defense for the armed private security officer, if the officer has successfully completed an approved basic firearms training program in their use.

(3) An armed private security officer shall not carry a firearm except when acting on official duty as an employee of a contract security company, unless the licensee is otherwise qualified under the laws of the state to carry a firearm.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-602 Division Approval and Operating Standards - Training Programs for Armed and Unarmed Private Security Officers

(1) To obtain Division approval of any training program for armed private security officers and unarmed private security officers, the program owner shall submit to the Division:

(a) an application in a form prescribed by the Division;

(b) a fee for the approval of the program; and

(i) a course syllabus with an hourly breakdown of the course outline and training schedule;

(ii) a course curriculum;

(iii) a four-hour instructor training program;

(iv) testing tools; and

(v) if an online curriculum or multi-media learning tools are used, a copy of the original medium.

(2) If any individual or entity uses an approved basic education and training program that the user does not own, the user shall submit to and maintain with the Division a current copy of the user's written contract with the program owner, which identifies the duration allowed for use. The user shall promptly update this information in writing with the Division as necessary.

(3) A course curriculum for armed private security officers shall include the content established in Sections R156- 63a-603 and R156-63a-604.

(4) A course curriculum for unarmed private security officers shall include the content established in Section R156- 63a-603.

(5) All instructors teaching an approved basic education and training program shall:

(a) have at least three years of supervisory experience reasonably related to providing contract security services; and

(b) have completed a four-hour instructor training program which shall include the following:

(i) motivation and the learning process;

(ii) teacher preparation and teaching methods;

(iii) classroom management;

(iv) testing; and

(v) instructional evaluation.

(6) All instructors teaching an approved basic firearms training program shall have the following qualifications:

(a) current Peace Officers Standards and Training firearms instructor certification; or

(b) current certification as a firearms instructor by:

(i) the National Rifle Association;

(ii) a Utah law enforcement agency;

(iii) a Federal law enforcement agency;

(iv) a branch of the United States military; or

(v) other qualification or certification found by the Division, in collaboration with the Board, to be equivalent.

(7) When an instructor for a Division-approved training program begins providing instruction, the user of the Division-approved training program shall report the instructor's name to the Division, on a form supplied by the Division.

(8) When an instructor for a Division-approved training program ceases to instruct for that program, or no longer meets instructor requirements, the user of the Division-approved training program shall report that information and the instructor's name to the Division, on a form supplied by the Division.

(9) All approved training programs shall maintain training records on each individual trained, including the dates of attendance at training, a copy of the instruction given, and the location of the training. These records shall be maintained in the program's files for at least three years.

(10) If an approved training program provider of basic education and training ceases to engage in business, the provider shall establish a method approved by the Division by which the records of the education and training shall continue to be available for a period of at least three years after the education and training is provided.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-603 Content of Approved Basic Education and Training Program for Armed and Unarmed Private Security Officers

In accordance with Subsection 58-63-302(2)(g), an approved basic education and training program for armed and unarmed private security officers shall have at least eight hours of classroom or online instruction, including:

(1) the nature and role of private security, including a private security officer's:

(a) scope and limits of authority;

(b) civil liability; and

(2) state laws and rules applicable to private security;

(3) the legal responsibilities of private security, including:

(a) constitutional law;

(b) search and seizure; and

(4) situational response evaluations, including:

(a) protecting and securing crime or accident scenes;

(b) notifying internal and external agencies; and

(5) security ethics;

(6) the use of force, emphasizing the de-escalation of force and alternatives to using force;

(7) documentation and report writing, including:

(a) preparing witness statements;

(b) performing log maintenance;

(d) taking field notes;

(e) organizing information into a report; and

(f) performing basic writing;

(8) patrol techniques, including:

(a) mobile patrol versus fixed post;

(b) accident prevention;

(d) security breaches;

(e) monitoring potential safety hazards; and

(f) police and community relations, including fundamental duties and personal appearance of security officers;

(9) sexual harassment in the workplace; and

(10) a final examination that:

(a) competently examines the student on the subjects included in the eight hours of basic instruction; and

(b) mandates a minimum pass score of 80%.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-604 Content of Approved Basic Firearms Training Program for Armed Private Security Officers

In accordance with Subsection 58-63-302(2)(h), an approved basic firearms training program for armed private security officers shall have the following components:

(1) at least six hours of classroom firearms instruction to include the following:

(a) the firearm and its ammunition;

(b) care and cleaning of the firearm;

(d) firearm inspection review procedures;

(e) firearm safety on duty;

(f) firearm safety at home;

(g) firearm safety on the range;

(h) legal and ethical restraints on firearms use;

(i) explanation and discussion of target environment;

(j) stop failure drills;

(k) explanation and discussion of stance, draw stroke, cover and concealment, and other firearm fundamentals;

(l) armed patrol techniques;

(m) use of deadly force under Utah law and the provisions of Title 76, Chapter 2, Part 4, and a discussion of 18 USC 44 Section 922; and

(n) instruction that an armed private security officer shall not fire the officer's weapon unless there is an imminent threat to life, and at no time shall the weapon be drawn as a threat or means to force compliance with any verbal directive not involving imminent threat to life;

(2) a final examination that demonstrates the competency of the participant on the subjects included in the six hours of classroom firearms instruction, with a passing score requirement of 80%; and

(3) at least six hours of firearms range instruction to include the following:

(a) basic firearms fundamentals and marksmanship;

(b) demonstration and explanation of the difference between sight picture, sight alignment, and trigger control; and

(c) a recognized practical pistol course on which the applicant achieves a minimum score of 80% using regular and low light conditions.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-605 Operating Standards - Uniform Requirements

(1) All unarmed and armed private security officers while on duty shall wear the uniform of their contract security company employer unless assigned to work undercover.

(2) Each armed and unarmed private security officer wearing a soft uniform unless assigned to an undercover status shall at a minimum display on the outermost garment of the uniform the name of the contract security company under whom the armed and unarmed private security officer is employed, and the word "Security", "Contract Security", or "Security Officer".

(3) The name of the contract security company and the word "Security" shall be of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(4) Each armed and unarmed private security officer wearing a regular uniform shall display on the outermost garment of the uniform in a style, shape, design and type which is clearly visible by a reasonable person under normal conditions identification which contains:

(a) the name or logo of the contract security company under whom the armed or unarmed private security officer is employed; and

(b) the word "Security", "Contract Security", or "Security Officer".

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-606 Operating Standards - Badges

(1) At the contract security company's request, an unarmed or armed private security officer may, while in uniform and while on duty, wear a shield inscribed with the words "Security," or "Security Officer". The shield shall not contain the words "State of Utah" or the seal of the state of Utah.

(2) The use of a star badge with any number of points on a uniform, in writing, advertising, letterhead, or other written communication is prohibited.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-607 Operating Standards - Notification and Prohibition of Criminal Status of Contract Security Company Corporate Officer, Director, Partner, Proprietor, Qualifying Agent, Private Security Officer, Manager, or Shareholder

(1) In accordance with Subsections 58-63-302(1)(h) and (i), 58-63-302(2)(c) and (d), 58-63-302(3)(c), and Section R156-63a-302f, this section applies to any contract security company:

(a) corporate officer;

(b) director;

(d) proprietor;

(e) qualifying agent;

(f) private security officer;

(g) management personnel employed within Utah having direct responsibility for managing operations of a contract security company within Utah; and

(h) shareholder owning 5% or more as described in Subsection 58-63-302(1)(d)(ii).

(2) A person identified in Subsection (1) shall not participate at any level or capacity in the management, operations, sales, or employment of a contract security company, and shall not own any part of a contract security company (except less than 5% under Subsection 58-63-302(1)(d)(ii), if the person fails to meet a licensing requirement set forth in:

(a) Subsections 58-63-302(1)(h), or 58-63-302(2)(c) or (3)(c), for conviction of a felony, or of a misdemeanor involving moral turpitude, or a of a crime that when considered with the duties and responsibilities of the license by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(b) Subsections 58-63-302(1)(h)(iii) or 58-63-302(2)(d), for conviction of violating any provision set forth in:

(i) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

(ii) Subsection 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

(3) A contract security company shall:

(a) within ten calendar days of occurrence, report to the Division in writing any event that occurs in regard to a person identified in Subsection (1), respecting:

(i) any conviction listed under this Subsection (2) or Subsection R156-63b-302f(2) as a disqualifying criminal conviction; and

(ii) any conviction listed under Subsection R156-63b-302f(1) as a potentially disqualifying criminal conviction; and

(b) take appropriate steps to ensure that company ownership and operations comply with this Section.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-608 Operating Standards - Implying an Association with Public Law Enforcement Prohibited

(1) No contract security company shall use any name which implies intentionally or otherwise that the company is connected or associated with any public law enforcement agency.

(2) No contract security company shall permit the use of the words "special police", "special officer", "cop", or any other words of a similar nature whether used orally or appearing in writing or on any uniform, badge, or cap.

(3) No person licensed under this chapter shall use words or designations which would cause a reasonable person to believe he is associated with a public law enforcement agency.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-609 Operating Standards - Proper Identification of Private Security Officers

All armed and unarmed private security officers shall carry a valid security license together with a government-issued identification card or a current state-issued driver license whenever performing the duties of an armed or unarmed private security officer and shall exhibit said license and identification upon request.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-610 Operating Standards - Vehicles

(1) All contract security vehicles shall conform to the following requirements:

(a) green, amber, and white are the only colors that may be used in roof mounted light bars facing forward on a contract security vehicle;

(b) green, amber, and red are the only colors that may be used in roof mounted light bars facing rearward on a contract security vehicle;

(d) light bars may be operated on public highways only when personally directed to do so by a peace officer; and

(e) all contract security vehicles shall meet the requirements of Section 41-6a-1616.

(2) A contract security company or its personnel may not utilize a vehicle whose marking, lighting and signal devices:

(a) display any form of blue lighting;

(b) use a siren in any manner;

(d) employ any wording that suggests they are connected with law enforcement.

(3) A contract security company vehicle may have a public address system, an air horn, or both.

(4) The word "Security", either alone or in conjunction with the company name, shall appear on each side and the rear of the company vehicle in letters no less than four inches in height and in a color contrasting with the color of the contract security company vehicle and shall be legible from a reasonable distance.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-611 Operating Standards - Operational Procedures Manual

(1) Each contract security company shall develop and maintain an operational procedures manual which includes the following topics:

(a) detaining or arresting;

(b) restraining, detaining, and search and seizure;

(d) observing and reporting;

(e) ingress and egress control;

(f) natural disaster preparation;

(g) alarm systems, locks, and keys;

(h) radio and telephone communications;

(i) crowd control;

(j) public relations;

(k) personal appearance and demeanor;

(l) bomb threats;

(m) fire prevention;

(n) mental illness;

(o) supervision;

(p) criminal justice system;

(q) code of ethics for private security officers;

(r) sexual harassment in the workplace; and

(s) hazardous chemical release.

(2) The operations and procedures manual shall be immediately available to the Division upon request.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-612 Operating Standards - Display of License

The license issued to a contract security company shall be prominently displayed in the company's principal place of business and a copy of the license shall be displayed prominently in all branch offices.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63a-613 Operating Standards - Notification of Criminal Arrest, Charge, Indictment, or Conviction - Notification of On-Duty Firearm Discharge

(1) In accordance with Subsection 58-63-302(2)(c) and (3)(c):

(a) A licensed armed or unarmed private security officer shall notify the licensee's employing contract security company, or if none, shall notify the Division, within 72 hours of being arrested, charged, indicted, or convicted for:

(i) any criminal offense above the level of a Class C misdemeanor;

(ii) any offense set forth in:

(A) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons;

(B) Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons;

(C) Subsections 58-63-302(2)(c), or (3)(c), concerning a felony, a misdemeanor involving moral turpitude, or a crime that when considered with the duties and responsibilities of a private security officer by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(D) Subsection R156-63a-302f(1), concerning certain potentially disqualifying criminal offenses;

(b) A contract security company shall notify the Division within 72 hours of receiving notification, or becoming aware, of any arrest, charge, indictment, or conviction of any of its licensed employees under this Subsection (1).

(i) the employee's name;

(ii) the name of the court or arresting agency, if applicable;

(iii) the court or agency case number or similar case identifier;

(iv) the date of the arrest, charge, indictment, or conviction; and

(v) the nature of the criminal offense or violation.

(2) In accordance with Subsections 58-63-302(2) and 58-1-202(1)(d), the following notice and appearance standards shall apply to an on-duty discharge of a firearm by an armed private security officer:

(a) Within 24 hours of the on-duty discharge, the armed private security officer shall notify the officer's employing contract security company, or if none, then the armed private security officer shall notify the Division.

(b) Within 72 hours of receiving notification, or becoming aware, of an on-duty firearm discharge by its employee, the employing contract security company shall notify the Division.

(i) the employee's name;

(ii) the date of the firearm discharge;

(iii) the nature of the firearm discharge; and

(iv) the physical location of the firearm discharge.

(d) The Security Services Licensing Board shall require a mandatory appearance before the Board by the qualifying agent over that officer, to review the company policy and procedure for dealing with an on-duty discharge.

History

KEY: licensing, security guards, private security officers
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

R156-63b Security Personnel Licensing Act Armored Car Rule

Utah Admin. Code R156-63b-101 Title

This rule is known as the "Security Personnel Licensing Act Armored Car Rule."

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-102 Definitions

In addition to the definitions in Title 58, Chapters 1 and 63, as used in Title 58, Chapters 1 and 63 or this rule:

(1) "Approved basic education and training program" means a basic education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63b-602; and

(b) has the content required by Section R156-63b-603.

(2) "Approved basic firearms training program" means a firearms education and training program that:

(a) meets the standards and is approved by the Division as set forth in Section R156-63b-602; and

(b) has the content required by Section R156-63b-604.

(3) "Armored car company" includes a peace officer who engages in providing security or guard services when acting in a capacity other than as an employee of the law enforcement agency by whom the peace officer is employed.

(4) "Armored car company" does not include a company which hires as employees, individuals to provide security or guard services for the purpose of protecting tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another and are owned by or under the responsibility of that company, as long as the security or guard services provided by the company do not benefit any person other than the employing company.

(5) "Authorized emergency vehicle" is as defined in Subsection 41-6a-102(3).

(7) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:

(a) a finding of guilt based on evidence presented to a judge or jury;

(b) a guilty plea;

(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(e) a pending diversion agreement; or

(f) a conviction which has been reduced pursuant to Section 76-3-402.

(9) "Employee" means an individual providing services in the armored car industry for compensation when the amount of compensation is based directly upon the armored car services provided, and upon which the employer is required under law to withhold federal and state taxes, and for whom the employer is required under law to provide worker's compensation insurance coverage and pay unemployment insurance.

(11) "Qualified continuing education" means continuing education that meets the standards set forth in Subsection R156-63b-304.

(12) "Qualifying agent" means a natural person who meets all of the requirements set forth in Subsection 58-63- 302(1)(c).

(13) "Soft uniform" means a business suit or a polo-type shirt with appropriate slacks. The coat or shirt has an embroidered badge or armored car company logo that clips onto or is placed over the front pocket.

(14) "Supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

(15) "Trainer" has the same meaning as "instructor".

(16) "Unprofessional conduct," as defined in Title 58, Chapters 1 and 63, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-63b-502.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-103 Authority - Purpose

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 63.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-104 Organization - Relationship to Rule R156-1

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302a Qualifications for Licensure - Application Requirements

(1) An application for licensure as an armored car company shall be accompanied by:

(a) two fingerprint cards for each of the applicant's:

(i) qualifying agent;

(ii) corporate officers;

(iii) directors;

(iv) equity holders or shareholders owning more than 5% of the equity or outstanding shares;

(v) partners;

(vi) proprietors; and

(vii) responsible management personnel; and

(b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records of the Federal Bureau of Investigation, and the Bureau of Criminal Identification, Utah Department of Public Safety, for each of the persons required to provide a fingerprint card under Subsection (1)(a) above.

(2) An application for licensure as an armored car security officer shall be accompanied by:

(a) two fingerprint cards for the applicant; and

(b) a fee established in accordance with Section 63J-1-504 equal to the cost of conducting a check of records for the applicant with:

(i) the Federal Bureau of Investigation; and

(ii) the Bureau of Criminal Identification of the Utah Department of Public Safety.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302b Qualifications for Licensure - Basic Education and Training Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-63-302(4)(g), an applicant for licensure as an armored car security officer shall successfully complete an approved basic education and training program as defined in Subsection R156- 63b-102(1).

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302c Qualifications for Licensure - Firearm Training Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-63-302(4)(h), an applicant for licensure as an armored car security officer shall successfully complete an approved basic firearms training program as defined in Subsection R156-63b- 102(2).

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302d Qualifications for Licensure - Examination Requirements

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the examination requirements for licensure in Section 58-63-302 are defined, clarified, or established herein.

(1) The qualifying agent for an applicant who is an armored car company shall obtain a passing score of at least 75% on the Utah Armored Car Company Qualifying Agent Examination.

(2) An applicant for licensure as an armored car security officer shall obtain a score of at least 80% on the approved basic education and training program's final examination.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302e Qualification for Licensure - Liability Insurance for a Armored Car Company

In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the insurance requirements for licensure as an armored car company in Subsection 58-63-302(1)(j)(i) are defined, clarified, or established herein.

(1) An applicant shall file with the Division a "Certificate of Insurance" providing liability insurance for the following exposures:

(a) general liability;

(b) assault and battery;

(d) libel and slander;

(e) broad form property damage;

(f) damage to property in the care, custody or control of the armored car company; and

(g) errors and omissions.

(2) Said insurance shall provide liability limits in amounts not less than $500,000 for each incident and not less than $2,000,000 total aggregate for each annual term.

(4) All armored car companies shall have a current insurance certificate of coverage as defined in Subsection (1) on file at all times and available for immediate inspection by the Division during normal working hours.

(5) All armored car companies shall notify the Division immediately upon cancellation of the insurance policy, whether such cancellation was initiated by the insurance company or the insured agency.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302f Qualifications for Licensure - Age Requirement for Armored Car Security Officer

In accordance with Subsections 76-10-509(1) and 76-10-509.4, an armored car security officer must be 18 years of age or older at the time of submitting an application for licensure.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302g Qualifications for Licensure - Good Moral Character - Disqualifying Convictions

(1) In accordance with Subsections 58-63-302(1)(h) and (4)(c), in addition to those criminal convictions prohibiting licensure, the following criminal convictions may disqualify an applicant or licensee from obtaining or holding an armored car security officer license, or an armored car company license:

(a) crimes against a person as defined in Title 76, Chapter 5, Part 1;

(b) theft, including retail theft, as defined in Title 76;

(d) sex offenses as defined in Title 76, Chapter 5, Part 4;

(e) any offense involving a controlled substance as defined in Subsection 58-37-2(1)(f);

(f) fraud;

(g) extortion;

(h) treason;

(i) forgery;

(j) arson;

(k) kidnapping;

(l) perjury;

(m) conspiracy to commit any of the offenses listed herein;

(n) hijacking;

(o) burglary;

(p) escape from jail, prison, or custody;

(q) false or bogus checks;

(r) terrorist activities;

(s) desertion;

(t) pornography;

(u) two or more convictions for driving under the influence of alcohol within the last three years; and

(v) any attempt to commit any of the above offenses.

(2) An applicant may not obtain initial licensure or license renewal as an armored car security officer or as an armored car company, and the license of an armored car security officer or of an armored car company shall be automatically revoked, if the applicant or licensee is in violation of any provision set forth in:

(a) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

(b) Utah Code Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

(3) In accordance with Subsection 58-63-302(1), if the applicant or licensee is an armored car company, the background of the following individuals shall be considered:

(a) corporate officer;

(b) director;

(c) any shareholder owning 5% or more of the outstanding stock of the company as described in Subsection 58-63- 302(1)(d)(ii);

(d) partner;

(e) proprietor;

(f) qualifying agent; and

(g) management personnel employed within Utah or having direct responsibility for managing operations of the company within Utah.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-302h Qualifications for Licensure - Immediate Issuance of an Interim Permit

In accordance with Section 58-63-310, upon receipt of a complete application for licensure as an armored car security officer, the Division may immediately issue an interim permit to the applicant, if the applicant:

(1)(a) submits with the application an official criminal history report from the Bureau of Criminal Identification, Utah Department of Public Safety, showing "No Criminal Record Found";

(b) has not answered "yes" to any question on the qualifying questionnaire section of the application; and

(c) has not had a license to practice an occupation or profession denied, revoked, suspended, restricted, or placed on probation.

(2) If an applicant's application is denied, an interim permit issued under this section shall automatically expire.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-303 Renewal Cycle - Procedures

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 63 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-304 Continuing Education for Armored Car Security Officers as a Condition of Renewal

(1) An armored car security officers shall complete at least 32 hours of continuing education during each two-year renewal cycle. A minimum of 16 hours shall be core continuing education; the remaining hours may consist of professional continuing education or core continuing education.

(a) "Core continuing education" is defined as education completed during a two-year renewal cycle, that covers each of the following topics:

(i) company operational procedures manual;

(ii) applicable state laws and rules;

(iii) legal powers and limitations of private security officers;

(iv) observation and reporting techniques;

(v) ethics;

(vi) management of aggressive behavior, use of force, de-escalation techniques;

(vii) emergency techniques; and

(viii) a recognized basic life saving course to obtain or maintain certification in:

(A) cardiopulmonary resuscitation(CPR);

(B) automated external defibrillator (AED);

(D) any other recognized basic life-saving skills.

(b) "Professional continuing education" is defined as education covering one or more of the following topics:

(i) executive protection;

(ii) basic self-defense;

(iii) driving techniques for the security professional;

(iv) escort techniques;

(v) crowd control;

(vi) access control and the use of electronic detection devices;

(vii) use of defensive items and objects;

(viii) homeland security involving bomb threats and anti-terrorism;

(ix) Americans with Disabilities Act (ADA) compliance; or

(x) any other topic relevant to the education of armored car security professionals.

(2) In addition to the 32 hours of core/professional continuing education, an armored car security officer shall complete at least 16 hours of continuing firearms education and training during each two-year renewal cycle. Continuing firearms education and training:

(a) shall be completed in four-hour blocks every six months;

(b) may not include any hours for the continuing education requirement in Subsection R156-63b-304(2);

(d) shall include at minimum:

(i) live classroom instruction concerning:

(A) restrictions in the use of deadly force; and

(B) firearms safety on duty, at home, and on the range; and

(ii) a recognized practical pistol recertification course on which the licensee achieves a minimum score of 80% using regular or low light conditions.

(3) Credit for continuing education shall be recognized as follows:

(a) unlimited hours for core, professional, and firearm continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) unlimited hours for professional continuing education provided via the Internet, if the course provider verifies registration and participation in the courses by means of an exam which demonstrates that the participant has learned the material presented;

(4) Modification of Required Continuing Education Hours.

(a) A licensee who fails to complete the required four hours of continuing firearms education and training within the appropriate six-month period shall complete one and one half times the number of hours the licensee was deficient for the reporting period ("penalty" hours). Penalty hours shall not satisfy in whole or in part any of the continuing firearms education and training hours required for subsequent renewal of the license.

(6) An armored car security company licensed under this chapter shall:

(a) review continuing education courses and approve for its employees only those courses that meet the requirements of this section;

(b)(i) maintain accurate records of its approved continuing education courses and of each employee's attendance and course completion; and

(ii) make such records available for audit by representatives of the Division; and

(i) maintains accurate records of attendance and course completion, by individual licensee, that are available for review by the licensed company, the Division, and the licensee;

(ii) provides individuals completing the course a certificate identifying the:

(A) name of the individual;

(B) date the course was taken;

(D) title of the course identifying its topic(s) as outlined in Subsection R156-63b-304(1);

(E) name of the continuing education provider and instructor;

(F) exam score for any exam taken; and

(G) number of continuing education hours completed.

(7) On a random basis, the Division may assign monitors at no charge to attend a continuing education course for the purposes of evaluating the course and the instructor.

(8) The initial licensure education and training programs defined in Subsections R156-63b-102(1) and (2) may not be used to satisfy, in whole or in part, any of the continuing education requirements of this section.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-305 Criminal History Renewal and Reinstatement Requirement

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b) and R156-1-302, a criminal history background check is required for all applications for renewal and reinstatement.

(2) The criminal history background check shall be performed by the Division and is not required to be submitted by the applicant.

(3) If the criminal background check discloses a criminal background, the Division shall evaluate the criminal history in accordance with Sections 58-63-302 and R156-63b-302g to determine appropriate licensure action.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-306 Change of Qualifying Agent

Within 60 days after a qualifying agent for a licensed armored car company ceases employment with the licensee, or for any other reason is not qualified to be the licensee's qualifier, the armored car company shall file with the Division an application for change of qualifier on forms provided by the Division, accompanied by a fee established in accordance with Section 63J-1-504.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-502 Unprofessional Conduct

"Unprofessional conduct" includes the following:

(1) making any statement that would reasonably cause another person to believe that an armored car security officer functions as a law enforcement officer or other official of this state or any of its political subdivisions or any agency of the federal government;

(3) utilizing a vehicle with an emergency lighting system that violates the requirements of Section 41-6a-1616 of the Utah Motor Vehicle Code;

(4) wearing a uniform, insignia, or badge that would lead a reasonable person to believe that the armored car security officer is connected with a federal, state, or municipal law enforcement agency;

(5) being incompetent or negligent as an armored car security officer or as an armored car company so as to cause injury to a person or create an unreasonable risk that a person might be harmed;

(6) failing as an armored car company or its officers, directors, partners, proprietors or responsible management personnel to adequately supervise employees so as to place the public health and safety at risk;

(7) failing to immediately notify the Division of the cancellation of the armored car company's insurance policy;

(8) failing as an armored car company or an armored car security officer to report a criminal offense pursuant to Section R156-63b-612;

(9) pursuant to Subsection R156-63b-612(1), failing as an armored car company or an armored car security officer to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. Chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(10) wearing a uniform, insignia, or badge, or displaying a license, that would lead a reasonable person to believe that an individual is connected with an armored car company, when not employed as an armored car security officer by an armored car company; and

(11) failing as an armored car security officer to complete required continuing education hours, in violation of Section R156-63b-304; and

(12) failing as an armored car security company to comply with R156-63b-304(6) regarding continuing education courses or providers.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-503 Mandatory Sanctions - Administrative Penalties

(1) The license of an armored car company or an armored car security officer shall be suspended for a period of time determined by the Board if the licensee fails to report to the Division a violation of:

(a) any provision set forth in 18 U.S.C. chapter 44, 922(g)1-9;

(b) Utah Code Subsection 76-10-503(1); or

(2) In accordance with Subsection 58-63-503, the following citation fine schedule shall apply to citations issued under Title 58, Chapter 63:

TABLE

FINE SCHEDULE

FIRST OFFENSE

Armed or Unarmed

Armored Car

Violation Armored Car Company Security Officer

58-63-501(1) $ 800.00 N/A

58-63-501(4) $ 800.00 $ 500.00

SECOND OFFENSE

58-63-501(1) $1,600.00 $1,000.00

58-63-501(4) $1,600.00 $1,000.00

(4) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(5) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-601 Operating Standards - Firearms

(1) An armored car security officer shall carry only that firearm with which the officer has passed an approved basic firearm training program.

(2) Shotguns and rifles owned and issued by the armored car company, may be used in situations where they would constitute an appropriate defense for the armored car security officer, if the officer has successfully completed a firearms training program specific to shotgun or rifle use.

(3) An armored car security officer shall not carry a firearm except when acting on official duty as an employee of an armored car company, unless the licensee is otherwise qualified under the laws of the state to carry a firearm.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-602 Division Approval and Operating Standards - Training Program for Armored Car Security Officers

(1) To obtain Division approval of a training program for armored car security officers, the program owner shall submit to the Division:

(a) an application in a form prescribed by the Division;

(b) a fee for the approval of the program; and

(i) a course syllabus with an hourly breakdown of the course outline and training schedule;

(ii) a course curriculum;

(iii) a four-hour instructor training program;

(iv) testing tools; and

(v) if an online curriculum or multi-media learning tools are used, a copy of the original medium.

(2) If any individual or entity uses a Division-approved training program that the user does not own, the user shall submit to and maintain with the Division a current copy of the user's written contract with the program owner, which identifies the duration allowed for use. The user shall promptly update this information in writing with the Division as necessary.

(3) A course curriculum shall include the following content:

(a) for a basic education and training program, the content established in Section R156-63b-603; and

(b) for a basic firearms training program, the content established in Section R156-63b-604.

(4) All instructors teaching an approved basic education and training program shall:

(a) have at least three years of supervisory experience reasonably related to providing armored car security services; and

(b) have completed a four-hour instructor training program which shall include the following:

(i) motivation and the learning process;

(ii) teacher preparation and teaching methods;

(iii) classroom management;

(iv) testing; and

(v) instructional evaluation.

(5) All instructors teaching an approved basic firearms training program shall have the following qualifications:

(a) current Peace Officers Standards and Training firearms instructor certification; or

(b) current certification as a firearms instructor by:

(i) the National Rifle Association;

(ii) a Utah law enforcement agency;

(iii) a Federal law enforcement agency;

(iv) a branch of the United States military; or

(v) other qualification or certification determined by the Division, in collaboration with the Board, to be equivalent.

(6) When an instructor for a Division-approved training program begins providing instruction, the user of the Division-approved training program shall report the instructor's name to the Division, on a form supplied by the Division.

(7) When an instructor for a Division-approved training program ceases to instruct for that program, or no longer meets instructor requirements, the user of the Division-approved training program shall report that information and the instructor's name to the Division, on a form supplied by the Division.

(8) All approved training programs shall maintain training records on each individual trained, including the dates of attendance at training, a copy of the instruction given, and the location of the training. These records shall be maintained in the program's files for at least three years.

(9) If an approved training program provider ceases to engage in business, the provider shall establish a method approved by the Division by which the records of the education and training shall continue to be available for a period of at least three years after the education and training is provided.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-603 Content of Approved Basic Education and Training Program

In accordance with Subsection 58-63-302(4)(g), an approved basic education and training program for armored car security officers shall have at least eight hours of classroom or online instruction, including:

(1) the nature and role of private security, including an armored car security officer's:

(a) scope and limits of authority;

(b) civil liability;

(2) state laws and rules applicable to armored car security officers;

(3) legal responsibilities of armored car security officers, including:

(a) constitutional law;

(b) search and seizure; and

(4) security ethics;

(5) the use of force, emphasizing the de-escalation of force and alternatives to using force;

(6) police and community relations, including fundamental duties and the personal appearance of an armored car security officer;

(7) sexual harassment in the workplace;

(8) driving policies and procedures, driver training and vehicle orientation;

(9) emergency situation response, including:

(a) terminal security;

(b) traffic accidents;

(d) homeland security;

(e) reducing risk potential through street procedures and tactics;

(f) securing robbery scenes;

(g) dealing with the media;

(10) armored operations, including:

(a) proper paperwork;

(b) street control procedures;

(d) vault procedures;

(e) other proper branch procedures; and

(11) A final examination that:

(a) competently examines the student on the subjects included in the eight hours of basic classroom instruction; and

(b) mandates a minimum pass score of 80%.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-604 Content of Approved Basic Firearms Training Program

In accordance with Subsection 58-63-302(4)(h), an approved basic firearms training program for armored car security officers shall have the following components:

(1) at least six hours of classroom firearms instruction, to include the following:

(a) the firearm and its ammunition;

(b) care and cleaning of the firearm;

(d) firearm inspection review procedures;

(e) firearm safety on duty;

(f) firearm safety at home;

(g) firearm safety on the range;

(h) legal and ethical restraints on firearms use;

(i) explanation and discussion of target environment;

(j) stop failure drills;

(k) explanation and discussion of stance, draw stroke, cover and concealment, and other firearm fundamentals;

(l) armed patrol techniques;

(m) use of deadly force under Utah law and the provisions of Title 76, Chapter 2, Part 4, and a discussion of 18 USC 44 Section 922; and

(n) instruction that an armored car security officer shall not fire the officer's weapon unless there is an imminent threat to life, and at no time shall the weapon be drawn as a threat or means to force compliance with any verbal directive not involving imminent threat to life;

(2) a final examination that demonstrates the competency of the participant on the subjects included in the six hours of classroom firearms instruction, with a passing score requirement of 80%; and

(3) at least six hours of firearms range instruction to include the following:

(a) basic firearms fundamentals and marksmanship;

(b) demonstration and explanation of the difference between sight picture, sight alignment, and trigger control; and

(c) a recognized practical pistol course on which the applicant achieves a minimum score of 80% using regular and low light conditions.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-605 Operating Standards - Uniform Requirements

(1) All armored car security officers while on duty shall wear the uniform of their armored car company employer unless assigned to work undercover.

(2) The name of the armored car company shall be of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(3) Each armored car company officer wearing a regular uniform shall display on the outermost garment of the uniform in a style, shape, design and type which is clearly visible by a reasonable person under normal conditions identification which contains the name or logo of the armored car company under whom the armored car security officer is employed.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-606 Operating Standards - Badges

(1) At the armored car company's request, an armored car security officer may, while in uniform and while on duty, wear a shield inscribed with the words "Security," or "Security Officer". The shield shall not contain the words "State of Utah" or the seal of the state of Utah.

(2) The use of a star badge with any number of points on a uniform, in writing, advertising, letterhead, or other written communication is prohibited.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-607 Operating Standards - Notification and Prohibition of Criminal Status of Armored Car Company Corporate Officer, Director, Partner, Proprietor, Qualifying Agent, Armored Car Security Officer, Manager, or Shareholder

(1) In accordance with Subsections 58-63-302(1)(h) and (i), 58-63-302(4)(c) and (d), and Section R156-63b-302g, this section applies to any armored car company:

(a) corporate officer;

(b) director;

(d) proprietor;

(e) qualifying agent;

(f) armored car security officer;

(g) management personnel employed within Utah or having direct responsibility for managing operations of the armored car company within Utah; and

(h) shareholder owning 5% or more as described in Subsection 58-63-302(1)(d)(ii).

(2) A person identified in Subsection (1) shall not participate at any level or capacity in the management, operations, sales, or employment of an armored car company, and shall not own any part of an armored car company (except less than 5% as described in Subsection 58-63-302(1)(d)(ii)), if the person fails to meet a licensing requirement set forth in:

(a) Subsections 58-63-302(1)(h) or 58-63-302(4)(c), for conviction of a felony, or of a misdemeanor involving moral turpitude, or of a crime that when considered with the duties and responsibilities of the license by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(b) Subsections 58-63-302(1)(h)(iii) or 58-63-302(4)(d), for conviction of violating any provision set forth in:

(i) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons; or

(ii) Subsection 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons.

(3) An armored car company shall:

(a) within ten calendar days of occurrence, report to the Division in writing any event that occurs in regard to a person identified in Subsection (1), respecting:

(i) any conviction listed under this Subsection (2) or Subsection R156-63b-302g(2) as a disqualifying criminal conviction; and

(ii) any conviction listed under Subsection R156-63b-302g(1) as a potentially disqualifying criminal conviction; and

(b) take appropriate steps to ensure that company ownership and operations comply with this Section.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-608 Operating Standards - Implying an Association with Public Law Enforcement Prohibited

(1) No armored car company shall use any name which implies intentionally or otherwise that the company is connected or associated with any public law enforcement agency.

(2) No armored car company shall permit the use of the words "special police", "special officer", "cop", or any other words of a similar nature whether used orally or appearing in writing or on any uniform, badge, or cap.

(3) No person licensed under this chapter shall use words or designations which would cause a reasonable person to believe he is associated with a public law enforcement agency.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-609 Operating Standards - Proper Identification of Armored Car Security Officers

All armored car security officers shall carry a valid security license together with a government-issued identification card or a current state-issued driver license whenever performing the duties of an armored car security officer and shall exhibit said license and identification upon request.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-610 Operating Standards - Operational Procedures Manual

(1) Each armored car company shall develop and maintain an operational procedures manual which includes the following topics:

(a) detaining or arresting;

(b) restraining, detaining, and search and seizure;

(d) observing and reporting;

(e) ingress and egress control;

(f) natural disaster preparation;

(g) alarm systems, locks, and keys;

(h) radio and telephone communications;

(i) crowd control;

(j) public relations;

(k) personal appearance and demeanor;

(l) bomb threats;

(m) fire prevention;

(n) mental illness;

(o) supervision;

(p) criminal justice system;

(q) code of ethics for armored car security officers;

(r) sexual harassment in the workplace; and

(s) hazardous chemical release.

(2) The operations and procedures manual shall be immediately available to the Division upon request.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-611 Operating Standards - Display of License

The license issued to an armored car company shall be prominently displayed in the company's principal place of business and a copy of the license shall be displayed prominently in all branch offices.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

Utah Admin. Code R156-63b-612 Operating Standards - Notification of Criminal Arrest, Charge, Indictment, or Conviction - Notification of On-Duty Firearm Discharge

(1) In accordance with Subsection 58-63-302(4)(c):

(a) A licensed armored car security officer shall notify the licensee's employing armored car company, or if none, shall notify the Division, within 72 hours of being arrested, charged, indicted, or convicted for:

(i) any criminal offense above the level of a Class C misdemeanor;

(ii) any offense set forth in:

(A) 18 U.S.C. Chapter 44, 922(g)1-9, concerning restrictions on firearms and ammunition transportation by certain persons;

(B) Section 76-10-503, concerning restrictions on possession, purchase, transfer, or ownership of dangerous weapons by certain persons;

(C) Subsections 58-63-302(4)(c), concerning a felony, a misdemeanor involving moral turpitude, or a crime that when considered with the duties and responsibilities of an armored car security officer by the Division and the Board indicates that the best interests of the public are not served by granting the license; or

(D) Subsection R156-63b-302g(1), concerning certain potentially disqualifying criminal offenses.

(b) An armored car company shall notify the Division within 72 hours of receiving notification, or becoming aware, of any arrest, charge, indictment, or conviction of any of its licensed employees under this Subsection (1).

(i) the employee's name;

(ii) the name of the court or arresting agency, if applicable;

(iii) the court or agency case number or similar case identifier;

(iv) the date of the arrest, charge, indictment, or conviction; and

(v) the nature of the criminal offense or violation.

(2) In accordance with Subsection 58-63-302(4) and 58-1-202(1)(d), the following notice and appearance standards shall apply to an on-duty discharge of a firearm by an armored car security officer:

(a) Within 24 hours of the on-duty discharge, the armored car security officer shall notify the officer's employing armored car company, or if none, then the armored car security officer shall notify the Division.

(b) Within 72 hours of receiving notification, or becoming aware, of an on-duty firearm discharge by its employee, the employing armored car company shall notify the Division.

(i) the employee's name;

(ii) the date of the firearm discharge;

(iii) the nature of the firearm discharge; and

(iv) the physical location of the firearm discharge.

History

KEY: licensing, security guards, armored car security officers, armored car company
Date of Last Change: May 13, 2019
Notice of Continuation: May 2, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-63-101

R156-64 Deception Detection Examiners Licensing Act Rule

Utah Admin. Code R156-64-101 Title -- Authority -- Relationship to R156-1

(1) This rule is known as the "Deception Detection Examiners Licensing Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a), to enable the Division to administer Title 58, Chapter 64, Deception Detection Examiners Licensing Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 64, Deception Detection Examiners Licensing Act. In addition:

(1) "Activity sensor" as used in Subsection R156-64-502(6)(d), means a sensor attached to a deception detection instrument that is approved for use by the manufacturer of the instrument for placement under the buttocks of the examinee to detect movement and attempts at countermeasures by the examinee.

(2) "Accredited program" as used in Section R156-64-302a means a university or college degree program that is nationally or regionally accredited.

(3) "Clinical polygraph examination" as used in Subsection R156-64-502(18) means a deception detection examination that is not intended to supplement and assist in a criminal investigation.

(4) "Comparison question" means a nonrelevant test question used for comparison against a relevant test question in a deception detection examination.

(5) "Concealed information examination" as used in Subsection R156-64-502(8) means a recognition examination administered to determine whether the examinee recognizes elements of an incident that were not released to the public and known only to the individual who engaged in the behavior and an individual investigating the incident.

(6) "Deception detection case file" as used in Subsection R156-64-502(16) means written records of a deception detection examination that includes the following:

(a)(i) a chart on each subject that is properly identified by name and date; and

(ii) if the examination was performed on an analog polygraph instrument, the chart is signed by the examinee;

(b) an index in either chronological or alphabetical order that includes the following:

(i) the name of each individual examined;

(ii) the type of examination conducted;

(iii) the date of the examination;

(iv) the name and license number of the deception detection examiner or deception detection intern;

(v) the file number where the records are maintained;

(vi) the examiner's written opinion of the test results; and

(vii) the time each examination began and ended;

(d) a list of each question asked while the instrument was recording;

(e) background information obtained during each pretest interview;

(f) a copy of each chart recorded during the examination;

(g) audio and video recording of the examination;

(h) a form signed by the examinee where the examinee agrees to take the examination after being informed of the right to refuse; and

(i) a form containing the following statement that is dated and signed by the examinee: "If I have any reason to believe that the examination was not completely impartial, fair, and conducted professionally, I am aware that I may report it to the Division of Professional Licensing."

(7) "Directed lie screening examination" means a screening examination in which the examinee is instructed to lie to one or more questions.

(8) "Experienced deception detection examiner" as used in Section R156-64-302c means a deception detection examiner who has completed over 250 deception detection examinations and has been licensed for at least three years.

(9) "Irrelevant question" means a question of neutral impact that does not relate to a matter under inquiry in a deception detection examination.

(10) "Post-conviction sex offender testing" as used in Subsections R156-64-302c(2) and R156-64-502(18) means testing of a sex offender as defined in Subsection 77-27-21.7(1)(d) and includes:

(a) sexual history testing to determine if the examinee is accurately reporting each sexual offense before a conviction;

(b) maintenance testing to determine if the examinee is complying with the conditions of probation or parole;

(c) instant offense testing to determine if the examinee has denied accountability for behavioral allegations of the instant offense; and

(d) monitoring testing to determine if the examinee may have been involved in unlawful sexual behaviors, including sexual re-offense while under the supervision of probation or parole.

(11) "Pre-employment examination" as used in Section R156-64-502 means a deception detection screening examination administered as part of a pre-employment background investigation.

(12) "Qualified professional continuing education" means professional continuing education that meets the standards set forth in Section R156-64-304.

(13) "Relevant question" as used in Subsection R156-64-502(4) means a question which relates directly to a matter under inquiry in a deception detection examination.

(14) "Screening examination" as used in Subsection R156-64-502(4) means a deception detection examination conducted in the absence of any specific allegation and may be conducted as a single issue or multiple issue examination.

(15) "Specific-issue examination" or "single-issue examination" as used in Subsection R156-64-502(4)(b) means a deception detection examination administered to determine the examinee's truthfulness concerning one narrowly defined issue involving a specific allegation.

(16) "Supervision" means general supervision as defined under Subsection R156-1-102a(1)(c).

(17) "Unprofessional conduct" as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Chapter 64, Deception Detection Examiners Licensing Act, is further defined, under Subsection 58-1-203(1)(e), in Section R156-64-502.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-302a Qualifications for Licensure - Deception Detection Examiner and Deception Detection Examiner Intern Education and Experience Requirements

(1) Under Subsections 58-64-302(1)(f) and 58-64-302(2)(f), an applicant for licensure as a deception detection examiner or a deception detection examiner intern shall have completed one of the following:

(a) a bachelor's degree from an accredited program;

(b) 8,000 hours of investigation experience as a civil or criminal investigator with a federal, state, county, municipal law enforcement agency, or the equivalent as approved by the Division; or

(c) an equivalent combination of education and experience with 2,000 hours of investigations experience equal to one year of completed post-secondary education in an accredited program.

(2) Under Subsections 58-64-302(1)(g) and 58-64-302(2)(g), the required deception detection training program shall be accredited by the American Polygraph Association.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-302b Qualifications for Licensure - Examination Requirements

Under Section 58-1-309, an applicant for a deception detection examiner license or or a deception detection examiner intern license shall pass the Utah Deception Detection Examiner Law and Rules Examination with a score of at least 75%.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-302c Qualifications for Licensure - Supervision Requirements

Under Subsection 58-64-302(2)(i), each deception detection intern supervision agreement shall require the deception detection intern complete an internship under the general supervision of an experienced deception detection examiner as follows:

(1) the supervising deception detection examiner shall observe at least five complete examinations either directly or by audio and video recording;

(2) if the deception detection intern is performing post-conviction sex offender testing, the supervising deception detection examiner shall hold a certification for post-conviction sex offender testing by the American Polygraph Association; and

(3) the internship supervision agreement under Subsection 58-64-302(2)(i), shall be approved by the Division.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 64, Deception Detection Examiners Licensing Act, is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-304 Professional Continuing Education -- Deception Detection Examiner License

(1) Under Subsections 58-1-203(1)(g) and 58-1-308(3)(b), the professional continuing education requirements for renewal or reinstatement of an individual licensed under Title 58, Chapter 64, Deception Detection Examiners Licensing Act are established in this section.

(2) During each two-year renewal cycle commencing on December 1 of each even-numbered year, a licensed deception detection examiner shall complete at least 30 hours of qualified professional continuing education directly related to the licensee's professional practice.

(3) If a renewal period is shortened or extended to effect a change of renewal cycle, the professional continuing education hours required for that renewal period shall be increased or decreased proportionately.

(4) Credit for professional continuing education during each two-year renewal cycle shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a deception detection examiner;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by an individual who is qualified by education, training, and experience; and

(e) have a competent method of registration of an individual who completed the professional continuing education program, and records of that registration and completion available for review.

(5) Qualified professional continuing education shall meet the following requirements:

(a) at least 15 hours of qualified instruction directly relating to deception detection completed through at least one of the following formats:

(i) college or university lecture and discussion;

(ii) professional conference;

(iii) seminar;

(iv) training session;

(v) synchronous webinar;

(vi) asynchronous online self-pace module;

(vii) case study review;

(viii) simulation;

(ix) workshop; or

(x) an equivalent course approved by the Division; and

(b)(i) up to 15 hours by completing a college or university course in one of the following areas:

(A) psychology;

(B) physiology;

(D) interview and interrogation techniques; and

(ii) under Subsection (b)(i), one college or university credit is equal to 15 hours of professional continuing education.

(6) A deception detection examiner who instructs a course that meets the definition of a qualified continuing education course under this section shall be given double credit for the first presentation.

(7) A licensee shall maintain documentation sufficient to prove compliance with this section, for a period of four years after the end of the renewal cycle for which the continuing education is due.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-305 Criminal History Background Check Requirement for Licensees as Renewal Requirement

(1) Under Subsections 58-1-203(1)(g) and 58-1-308(3)(b), an applicant shall pass a criminal history background check as a condition of renewal or reinstatement of license issued under Title 58, Chapter 64, Deception Detection Examiners Licensing Act, for a license under this chapter.

(2) The criminal history background check shall be performed by the Division and is not required to be submitted by the applicant.

(3) If the criminal history background check discloses a criminal background, the Division shall evaluate the criminal history background check under Section R156-1-401 to determine appropriate licensure action.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-64-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(1) failing to immediately terminate an examination upon request of the examinee;

(2) failing to conduct pretest interview with the examinee where each question is reviewed word for word before conducting the examination;

(3) attempting to determine truth or deception on a matter or issue not discussed with the examinee during the pretest review;

(4) basing any decision concerning truthfulness or deception upon data that fails to meet the following minimum standards:

(a) three repetitions of relevant questions for a pre-employment examination;

(b) three repetitions of relevant questions for a screening examination that is followed by a specific-issue examination or a single-issue examination;

(d) at least three repetitions of relevant questions for all other exams;

(5) conducting an examination if the examinee is not physically present and aware that an examination is being conducted;

(6) using a polygraph instrument that does not record the following as a minimum:

(a) respiration patterns recorded by two pneumograph components that record thoracic and abdominal patterns;

(b) electro dermal activity reflecting relative changes in the conductance or resistance of current by the epidermal tissue;

(d) seat activity sensor to detect movement;

(7) in a 24-hour period, conducting more than:

(a) four diagnostic or three evidentiary examinations; or

(b) five examinations of any type;

(8) failing to meet the minimum required examination duration time while conducting an examination including:

(a) concealed information examination for less than 30 minutes;

(b) pre-employment examination for less than 60 minutes; or

(9)(a) failing to create and maintain an audio and video recording for each examination; or

(b) failing to inform the examinee before the examination of the audio and video recording;

(10) during a pre-employment pretest interview or an examination, asking any question concerning the subject's sexual attitude, political belief, union sympathy, or religious belief without good cause;

(11) conducting an examination on an individual who is:

(a) under the influence of alcohol or drugs; or

(b) under the age of 18 without written permission from the individual's parent or guardian;

(12) failing to provide at least 20 seconds between the beginning of one question and the beginning of the next question;

(13) failing to exclude an individual that is determined to be unsuitable, as evidenced by one of the following:

(a) acute or active psychosis;

(b) unmanaged hallucinations or delusional thinking;

(d) severe illness;

(e) severe pain; or

(f) a severe or profound intellectual disability that would potentially interfere with the examination process;

(14) failing to obtain a release from the individual being examined or a physician's statement if there is any reasonable doubt concerning the individual's ability to safely undergo an examination;

(15) failing to use a numerical scoring system in each deception detection examination;

(16) failing to create and maintain a deception detection case file as defined in Subsection R156-64-102(6) for each examination administered;

(17) expressing a bias in any manner regarding the truthfulness of the examinee before the completion of any testing;

(18) conducting a clinical polygraph examination of a sex offender as defined in Subsection 77-27-21.7(1)(d) without holding a current certification from the American Polygraph Association for post-conviction sex offender testing (PCSOT);

(19) failing to conform to the generally accepted and recognized standards and ethics of the profession including:

(a) the American Polygraph Association Code of Ethics dated September 4, 2021, which is incorporated by reference; and

(b) the American Polygraph Association Standards of Practice dated August 25, 2023, which is incorporated by reference with the amendment that records of each examination shall be maintained for at least three years.

History

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern
Date of Last Change: July 8, 2025
Notice of Continuation: January 3, 2022
Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-67 Utah Medical Practice Act Rule

Utah Admin. Code R156-67-101 Title - Authority - Organization

(1) This rule is known as the "Utah Medical Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 67, Utah Medical Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-102 Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 67, Utah Medical Practice Act. In addition:

(1) "ACCME" means the Accreditation Council for Continuing Medical Education.

(2) "Alternate medical practices" as used in Section R156-67-603, means treatment or therapy that is determined in an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, to be:

(a) not generally recognized as standard in the practice of medicine;

(b) not shown by current generally accepted medical evidence to present a greater risk to the health, safety, or welfare of the patient than does prevailing treatment considered to be the standard in the profession of medicine; and

(c) supported by a body of current generally accepted written documentation demonstrating the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given.

(3) "AMA" means the American Medical Association.

(4) "Collaborative practice arrangement contract" means a written, signed contract between a collaborating physician licensed and in good standing under Section 58-67-302, and an associate physician holding a restricted license in accordance with Section 58-67-302.8, that:

(a) includes the terms and conditions required by Section 58-67-807 and Section R156-67-807; and

(b) is approved by the Division in accordance with Section 58-67-807 and Section R156-67-807.

(5) "FLEX" means the Federation of State Medical Boards Licensing Examination.

(6) "FMGEMS" means the Foreign Medical Graduate Examination in Medical Science.

(7) "FSMB" means the Federation of State Medical Boards.

(8) "Homeopathic medicine" means a system of medicine employing and limited to substances prepared and prescribed in accordance with the principles of homeopathic pharmacology as described in the Homeopathic Pharmacopoeia of the United States, its compendia, addenda, and supplements, as officially recognized by:

(a) the Federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.;

(b) Utah's food and drug laws; and

(9) "LMCC" means the Licentiate of the Medical Council of Canada.

(10) "Medication or substance, including a neurotoxin or a filler, for cosmetic purposes" as used in the definition of cosmetic medical procedure in Subsection 58-67-102(11)(a)(ii) means a medication or substance that is approved by the U.S. Food and Drug Administration (FDA) for use in humans for cosmetic purposes and is used according to FDA guidelines.

(11) "NBME" means the National Board of Medical Examiners.

(12) "Unprofessional conduct" under Subsection 58-1-203(1)(e) is further defined in Section R156-67-502.

(13) "USMLE" means the United States Medical Licensing Examination.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-302a Qualifications for Licensure - Practitioner Data Banks -- Education - Training

Under Subsections 58-67-302(1)(a), (d), and (e) and Section 58-1-302, an applicant for licensure under Subsections 58- 67-302(1) and (2) shall submit the following:

(1) a Federation Credentials Verification Service (FCVS) report, which includes the following:

(a) transcripts for medical education;

(b) documentation of progressive postgraduate training in an ACGME or LMCC accredited residency or an accredited fellowship;

(d) for an applicant educated in a jurisdiction outside the United States or its territories, a current ECFMG certification;

(2)(a) American Medical Association Profile; or

(b) documentation of American Board of Medical Specialties (ABMS) Board Certification;

(3) Federation of State Medical Boards Disciplinary Inquiry report; and

(4) National Practitioner Data Bank Report of Action.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-302b Qualifications for Licensure - Examination Requirements

(1) Under Subsection 58-67-302(1)(f), the required licensing examination sequence is as follows:

(a) the FLEX components I and II, with a score of not less than 75 on each component part;

(b) the NBME examination parts I, II, and III, with a passing score on each part;

(d) the LMCC examination, Parts 1 and 2;

(e)(i) the NBME part I or the USMLE step 1;

(ii) the NBME part II or the USMLE step 2; and

(iii) the NBME part III or the USMLE step 3;

(f) the FLEX component 1 and the USMLE step 3; or

(g)(i) the NBME part I or the USMLE step 1;

(ii) the NBME part II or the USMLE step 2; and

(iii) the FLEX component 2.

(h) Under Subsection 58-67-302.5(1)(d), a foreign medical school graduate shall pass:

(i) the FMGEMS; or

(ii) the USMLE steps 1 and 2.

(i) An individual who fails any combination of the USMLE, FLEX and NBME three times shall submit to the Division a narrative regarding the failure and may be required to meet with the Board and Division.

(2) Under Subsections 58-67-302(1)(f) and (h), 58-67-302(2)(e) and (f), and Subsection 58-1-401(2)(d), the Division may require an applicant to pass the SPEX examination with a score of not less than 75, if within the past five years the applicant:

(a) has not practiced;

(b) has had disciplinary action; or

(c) has had a substance abuse disorder or physical or mental impairment that may affect the applicant's ability to practice with reasonable skill and safety.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 67, Utah Medical Practice Act is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-304 Qualified Continuing Professional Education

(1) Under Subsection 58-67-304(1), the qualified continuing professional education requirements shall consist of at least 40 hours during each two-year licensure cycle, as follows:

(a) a minimum of 34 hours shall be in category 1 offerings as established by the ACCME;

(b) up to six hours may come from the Division;

(c) up to 15% may come from providing volunteer health care services in accordance with Section 58-13-3, with one hour of continuing education credit for every four documented hours of volunteer services; and

(d) participation in a residency program approved by the AOA or the ACCME shall meet the continuing education requirement in a pro-rata amount equal to any part of the two-year licensure cycle.

(2) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and

(3) Credit for continuing education shall be recognized in 50-minute hour blocks of time for education completed in formally established classroom courses, seminars, lectures, conferences, or training sessions that meet the criteria in this section.

(4) A licensee shall maintain documentation sufficient to prove compliance with this section, for two years after the end of the licensure cycle for which the CME is due.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-305 Exemptions from Licensure

Exemptions from licensure as a physician and surgeon under Subsection 58-1-307(1) and Section 58-67-305 are subject to the following:

(1) a physician who is exempted from licensure shall obtain a Utah Controlled Substance License before prescribing, dispensing, or administering a controlled substance outside of a hospital;

(2) a person engaged in a public screening program making measures of physiologic conditions such as serum cholesterol, blood sugar, or blood pressure is exempt from licensure and is not engaged in the practice of medicine if:

(a) the instruments or devices used in making measures are:

(i) approved by the FDA, to the extent an approval is required; and

(ii) used in accordance with those approvals;

(b) the facilities and testing protocol meet the standards and personnel training requirements of the Utah Department of Health and Human Services;

(i) do not interpret results of measures or tests;

(ii) do not recommend treatment or the purchase of any product; and

(iii) conform to the referral and follow-up protocol approved by the Utah Department of Health and Human Services for each measure or test;

(d) licensed personnel act within their scope of practice; and

(e) the information provided to the individuals measured or tested to allow them to interpret their own results is only that approved by the Utah Department of Health and Human Services;

(3) an unlicensed public safety individual who does not have emergency medical technician (EMT) certification, but who is designated as a first responder by city, county, or state officials, may carry a Mark I automatic injector antidote kit and self-administer the antidote, or administer the antidote to the individual's designated first response buddy, if:

(a) the kit is procured through the Utah Department of Health and Human Services;

(b) the kit is issued to the individual by the individual's employing agency; and

(4) under Subsection 58-67-305(6)(b)(iv), a medical assistant under the indirect supervision of a physician, may not engage in the following medical practices or procedures:

(a) diagnosing;

(b) establishing a treatment plan; or

(i) medication or substance, including a neurotoxin or filler, for cosmetic purposes; or

(ii) cosmetic products with bioactive ingredients with claimed medical benefits.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-502 Unprofessional Conduct

Under Subsection 58-1-203(1)(e), "unprofessional conduct" includes:

(1) prescribing for oneself any Schedule II or III controlled substance, but a licensee may use, possess, or self- administer a Schedule II or III controlled substance legally prescribed for the licensee by another licensed practitioner acting within scope of licensure if the licensee uses the controlled substance in accordance with the prescription order and for the use intended;

(2) knowingly prescribing, selling, giving, or administering, directly or indirectly, or offering to prescribe, sell, give, or administer, any scheduled controlled substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act to a drug dependent person as defined in Subsection 58-37-2(1)(s), except if:

(a) permitted by law; and

(b) prescribed, dispensed, or administered according to a proper medical diagnosis and for a condition indicating the use is appropriate;

(3) knowingly engaging in billing practices that are abusive and have charges that are grossly excessive for services provided;

(4) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally provided or supervised; however, nothing in this section shall preclude the legal relationships within lawful professional partnerships, corporations, or associations or the relationship between an approved supervising physician and physician assistants or advanced practice nurses supervised by them;

(5) knowingly failing to transfer a copy of pertinent and necessary medical records or a summary of those records to another physician when requested by the subject patient or by the patient's legal representative;

(6) failing to furnish to the board upon request information known by a licensee with respect to the quality and adequacy of medical care provided to a patient by a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;

(7) failing as an operating surgeon to:

(a) perform adequate pre-operative or primary post-operative care of the surgical condition for a patient in accordance with the standards and ethics of the profession; or

(b) arrange for competent primary post-operative care of the surgical condition by a licensed physician and surgeon who is equally qualified to provide that care;

(8) billing a global fee for a procedure without providing the requisite care;

(9) supervising the providing of breast screening by diagnostic mammography services or interpreting the results of breast screening by diagnostic mammography to or for the benefit of any patient without having current certification or current eligibility for certification by the American Board of Radiology, except that a licensed physician and surgeon may review the results of any breast screening by diagnostic mammography procedure upon a patient to consider those results in determining appropriate care and treatment of that patient if the results are interpreted by a physician and surgeon qualified under this subsection and a timely written report is prepared by the interpreting physician and surgeon in accordance with the standards and ethics of the profession;

(10) as a licensee under Title 58, Chapter 67, Utah Medical Practice Act, failing without just cause to:

(a) repay as agreed any loan or other repayment obligation legally incurred by the licensee to fund the licensee's education or training as a medical doctor; or

(b) comply with any written agreement in which the licensee's education or training as a medical doctor is funded in consideration for the licensee's agreement to practice in a certain locality or type of locality or to comply with other conditions of practice following licensure;

(11) violating Section 58-17b-620;

(12) violating Section 58-1-301.7 by failing to keep the Division informed of a current mailing address or email address;

(13) engaging in alternate medical practice, except as provided in Section R156-67-603;

(14) violating the American Medical Association (AMA) Code of Medical Ethics, 2017 edition, which is incorporated by reference;

(15) failing to timely submit an annual written report to the Division indicating that the physician has reviewed at least annually the dispensing practices of those authorized by the physician to dispense an opiate antagonist, under Section R156-67- 604; and

(16) failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription, under Section 58-37-19; or

(17) violating Section R156-67-510.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-503 Administrative Penalties

(1) Under Sections 58-1-502, 58-67-503 and Subsection 58-67-102(3), unless otherwise ordered by the presiding officer, the following fine and citation schedule shall apply:

TABLE 1

Fine and Citation Schedule

VIOLATION

FIRST OFFENSE

SUBSEQUENT OFFENSE

58-1-501(1)

$ 5,000 - $10,000

$10,000

58-1-501(2)(a)

$ 100 - $ 500

$ 500 - $3,000

58-1-501(2)(b)

$ 500 - $ 5,000

$ 1,500 - $10,000

58-1-501(2)

(c),(d),(e)

$ 500 - $ 5,000

$ 5,000 - $10,000

58-1-501(2)(f)

$ 500 - $ 5,000

$ 1,500 - $10,000

58-1-501(2) (g),(h),(i), (j),(k),(l)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

58-1-501(2)(m)

$ 5,000 - $10,000

$10,000

58-1-501.5(5)

$ 500 - $ 1,500

$ 1,500 - $10,000

58-1-510(3)

$ 500 - $ 1,500

$ 1,500 - $10,000

58-37-8

$ 500 - $ 5,000

$ 5,000 - $10,000

58-67-501(1)

$ 1,000 - $ 5,000

$ 2,000 - $10,000

58-67-502(1)

$ 500 - $ 5,000

$ 5,000 - $10,000

R156-1-501 (1)through(9)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(1)(a)

$ 5,000 - $10,000

$10,000

R156-37-502(1)(b)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(2)

$ 500 - $ 5,000

$ 1,500 - $10,000

R156-37- 502(3),(4),(5)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(6),(7)

$ 5,000 - $10,000

$10,000

R156-37-502(8),(9)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-67-502 (1)through(17)

$ 500 - $ 1,500

$ 1,500 - $10,000

Other unprofessional or unlawful conduct

$ 500 - $ 1,500

$ 1,500 - $10,000

Ongoing offenses

$2,000 per day but not less than second offense

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor.

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-510 Anesthesia and Sedation Requirements

Under Subsections 58-1-510(3) and (4) and 58-67-102(17), a physician who is providing general anesthesia, deep sedation, or moderate sedation shall possess the knowledge, skills, and education and training required by the following standards, and shall comply with the following standards:

(1) the following American Society of Anesthesiologists (ASA) standards, which are incorporated by reference:

(a) Basic Standards for Preanesthesia Care, 2020 edition;

(b) Standards for Basic Anesthetic Monitoring, 2020 edition; and

(2) the following American Association of Oral and Maxillofacial Surgeons (AAOMS) standards, which are incorporated by reference:

(a) Office Anesthesia Evaluation Manual, 2018 9th edition; and

(b) Parameters of Care, 2017 6th edition.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-603 Alternate Medical Practice

(1) A licensed physician and surgeon may engage in alternate medical practices as defined in Subsection R156-67- 102(2) and shall not be considered to be engaged in unprofessional conduct on the basis that it is not in accordance with generally accepted professional or ethical standards as unprofessional conduct defined in Subsection 58-1-501(2)(b), if the licensed physician and surgeon:

(a) possesses current generally accepted written documentation, which in the opinion of the board, demonstrates the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given;

(b) possesses the education, training, and experience to competently and safely administer the alternate medical treatment or therapy;

(i) that the treatment or therapy is not in accordance with generally recognized standards of the profession;

(ii) that on the basis of current generally accepted medical evidence, the physician and surgeon finds that the treatment or therapy presents no greater threat to the health, safety, or welfare of the patient than prevailing generally recognized standard medical practice; and

(iii) that the prevailing generally recognized standard medical treatment or therapy for the patient's condition has been offered to be provided, or that the physician and surgeon will refer the patient to another physician and surgeon who can provide the standard medical treatment or therapy; and

(d) has obtained from the patient a voluntary informed consent consistent with generally recognized current medical and legal standards for informed consent in the practice of medicine, including:

(i) evidence of advice to the patient in accordance with Subsection (c); and

(ii) whether the patient elects to receive generally recognized standard treatment or therapy combined with alternate medical treatment or therapy, or elects to receive alternate medical treatment or therapy only.

(2) Alternate medical practice includes the practice of homeopathic medicine.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-604 Annual Review of Dispensing Practices of Those Authorized to Dispense an Opiate Antagonist

Under Subsection 26B-4-510(2)(c), a physician who issues a standing prescription drug order authorizing the dispensing of an opiate antagonist shall review the dispensing practices of those authorized by the physician to dispense the opiate antagonist by reviewing the report of the licensee dispensing the opiate antagonist under Subsection R156-17b-625(1).

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-803 Medical Records

Under Subsection 58-67-803(1), medical records shall be maintained in accordance with:

(1) applicable laws, regulations, and rules; and

(2) the AMA Code of Medical Ethics as incorporated by reference in Subsection R156-67-502(14).

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

Utah Admin. Code R156-67-807 Collaborative Practice Arrangement Contract - Duties and Responsibilities of Collaborating Physician and Associate Physician

(1) Under Subsection 58-67-302.8(2) and Section 58-67-807, the process for Division approval of a collaborative practice arrangement, and the educational methods and programs required of an associate physician throughout the duration of a collaborative practice arrangement, are established in this section.

(2) Before beginning a collaborative practice arrangement, the prospective collaborating physician and associate physician shall sign a written collaborative practice arrangement contract, which the associate physician shall submit to the Division for approval.

(3) A collaborative practice arrangement contract shall include at least the following:

(a) the terms and conditions required by Subsection 58-67-807(1)(b), including a description of how the health care services provided by the associate physician will be consistent with the associate physician's skill, training, and competence;

(b) if the associate physician will prescribe Schedule III through V controlled substances, documentation of the associate physician's mid-level practitioner Federal Drug Administration (DEA) registration;

(c) under Subsection 58-67-807(1)(c), a provision requiring the associate physician to notify the Division in writing within ten days of any modifications to the collaborative practice arrangement contract, and providing that any modifications shall become effective only upon receipt of written notice from the Division approving the changes;

(d) under Subsection 58-67-807(4), a plan establishing educational methods and programs that the associate physician shall complete throughout the duration of the collaborative practice arrangement contract, which will facilitate the advancement of the associate physician's medical knowledge and abilities; and

(e) remedies in the event of breach of contract by either the collaborating physician or associate physician, including procedures for contract termination and written notification to the Division.

(4) Before an associate physician may provide health care services under a collaborative practice arrangement, the parties shall obtain the Division's written approval of the collaborative practice arrangement contract.

(5) In evaluating a collaborative practice arrangement contract, the Division shall determine if the contract sufficiently complies with Section 58-67-807 and this section to adequately protect the public health, safety, and welfare.

(6) A collaborating physician overseeing an associate physician shall:

(a) ensure that the collaborating physician and associate physician are:

(i) both appropriately licensed; and

(ii) practicing pursuant to a Division-approved collaborative practice arrangement contract;

(b) ensure that the collaborating physician does not enter into a collaborative practice arrangement with more than three full-time equivalent associate physicians as required by Subsection 58-67-807(3)(b);

(c) be available to the associate physician for advice, consultation, and direction consistent with the standards and ethics of the profession, including consideration of the associate physician's level of skill, training, and competence; and

(d) monitor the associate physician's performance for compliance with the laws, rules, standards, and ethics of the profession, and report violations to the Division.

(7) An associate physician shall:

(a) before beginning a collaborative practice arrangement and rendering any health care services, enter into a Division- approved collaborative practice arrangement contract with a collaborating physician in accordance with this section;

(b) maintain required licensure and any required DEA registration;

(d) comply with the laws, rules, standards, and ethics of the profession.

(8)(a) A collaborating physician shall submit to the Division a written explanation outlining the collaborating physician's concerns if the collaborating physician:

(i) terminates a collaborative practice arrangement contract for cause;

(ii) does not support continuance of a license for an associate physician to practice; or

(iii) has other concerns regarding the associate physician that the collaborating physician believes requires input from the Division and Board.

(b) Upon receipt of written concerns from a collaborating physician with respect to an associate physician, the Division shall:

(i) provide the associate physician an opportunity to respond in writing to the Division regarding the collaborating physician's concerns;

(ii) review with the Board the written statements from the collaborating physician and associate physician; and

(iii) in consultation with the Board, take any appropriate licensure action.

History

KEY: physicians, licensing
Date of Last Change: December 24, 2024
Notice of Continuation: January 7, 2026
Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)

R156-68 Utah Osteopathic Medical Practice Act Rule

Utah Admin. Code R156-68-101 Title - Authority - Organization

(1) This rule shall be known as the "Utah Osteopathic Medical Practice Act Rule."

(2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.

(3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-102 Definitions

The following definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 68, Utah Osteopathic Medical Practice Act:

(1) "AAPS" means American Association of Physician Specialists.

(2) "ABMS" means American Board of Medical Specialties.

(3) "ACCME" means Accreditation Council for Continuing Medical Education.

(4) "Alternate medical practices" as used in Section R156-68-603, means treatment or therapy that is determined in an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, to be:

(a) not generally recognized as standard in the practice of medicine;

(b) not shown by current generally accepted medical evidence to present a greater risk to the health, safety or welfare of the patient than does prevailing treatment considered to be the standard in the profession of medicine; and

(5) "AMA" means the American Medical Association.

(6) "AOA" means American Osteopathic Association.

(7) "Collaborative practice arrangement contract" means a written, signed contract between a collaborating physician licensed and in good standing under Section 58-68-302, and an associate physician holding a restricted license in accordance with Section 58-68-302.8, that:

(a) includes the terms and conditions required by Section 58-68-807 and Section R156-68-807; and

(b) is approved by the Division in accordance with Section 58-68-807 and Section R156-68-807.

(8) "COMLEX" means the Comprehensive Osteopathic Medical Licensing Examination.

(9) "FLEX" means the Federation of State Medical Boards Licensure Examination.

(10) "FMGEMS" means the Foreign Medical Graduate Examination in Medical Science.

(11) "FSMB" means the Federation of State Medical Boards.

(12) "Homeopathic medicine" means a system of medicine employing and limited to substances prepared and prescribed in accordance with the principles of homeopathic pharmacology as described in the Homeopathic Pharmacopoeia of the United States, its compendia, addenda, and supplements, as officially recognized by:

(a) the federal Food, Drug and Cosmetic Act, Public Law 717.21 U.S. Code Sec. 331 et seq.;

(b) the state of Utah's food and drug laws; and

(13) "LMCC" means the Licentiate of the Medical Council of Canada.

(14) "NBME" means the National Board of Medical Examiners.

(15) "NBOME" means the National Board of Osteopathic Medical Examiners.

(16) "NPDB" means the National Practitioner Data Bank.

(17) "Unprofessional conduct" under Subsection 58-1-203(1)(e) is further defined in Section R156-68-502.

(19) "USMLE" means the United States Medical Licensing Examination.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-302a Qualifications for Licensure - Application Requirements

Subsection 58-68-301(1)(a)(i), submissions by the applicant of information maintained by practitioner data banks shall include the following:

(1)(a) American Osteopathic Association Profile;

(b) American Medical Association Profile; or

(2) Federation of State Medical Boards Disciplinary Inquiry form;

(3) Federation Credentials Verification (FCVS) report; and

(4) National Practitioner Data Bank Report of Action.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-302b Qualifications for Licensure - Examination Requirements

(1) Under Subsection 58-68-302(1)(g), the required licensing examination sequence is as follows:

(a) the NBOME parts I, II, and III;

(b) the NBOME parts I and II, and the NBOME COMLEX Level III;

(d) the NBOME COMLEX Level I, II, and III;

(e) the FLEX components I and II, with a score of not less than 75 on each component;

(f) the NBME examination parts I, II, and III, with a passing score on each part;

(g) the USMLE steps 1, 2, and 3, with a passing score on each step;

(h) the LMCC examination, Parts 1 and 2;

(i)(i) the NBME part I;

(ii) the USMLE step 1 and the NBME part II;

(iii) the USMLE step 2 and the NBME part III; or

(iv) the USMLE step 3;

(j) the FLEX component 1 and the USMLE step 3; or

(k)(i) the NBME part I; or

(ii) the USMLE step 1 and the NBME part II; or

(iii) the USMLE step 2 and the FLEX component 2.

(l) A candidate who fails any combination of the USMLE, FLEX, NBME and NBOME three times shall submit to the Division a narrative regarding the failure, and may be required to meet with the Division or the Board.

(2) Under Subsections 58-68-302(1)(f) and (h) and 58-1-401(2)(d), the Division may require an applicant to pass the SPEX examination with a score of not less than 75, if within the past five years the applicant:

(a) has not practiced;

(b) has had disciplinary action; or

(c) has had a substance use disorder or physical or mental impairment that may affect the applicant's ability to safely practice.

(3) Under Subsection 58-68-302(2)(c), the medical specialty certification shall be current certification in an AOA, ABMS, or AAPS member specialty board.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-303 Renewal Cycle - Procedures

(1) Under Subsection 58-1-308(1), the renewal date for the two-year renewal cycle for licensees under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is established in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308a through R156-1-308l.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-304 Qualified Continuing Professional Education

(1) Under Subsection 58-68-304(1), the qualified continuing professional education requirements shall consist of at least 40 hours during each two-year licensure cycle as follows:

(a) a minimum of 34 hours shall be in category 1 offerings as established by the AOA or ACCME;

(b) up to six hours may come from the Division;

(d) participation in a residency program approved by the AOA or the ACCME may meet the continuing education requirement in a pro-rata amount equal to any part of the two-year licensure cycle.

(2) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and

(4) A licensee shall maintain documentation sufficient to prove compliance with this section, for two years after the end of the renewal cycle for which the CME is due.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-305 Exemptions from Licensure

Exemptions from licensure as an osteopathic physician under Subsection 58-1-307(1) and Section 58-68-305 are subject to the following:

(1) a physician who is exempted from licensure shall obtain a Utah Controlled Substance License before prescribing, dispensing, or administering a controlled substance outside of a hospital;

(a) the instruments or devices used in making measures are:

(i) approved by the Food and Drug Administration of the U.S. Department of Health, to the extent an approval is required; and

(ii) used in accordance with those approvals;

(b) the facilities and testing protocol meet the standards and personnel training requirements of the Utah Department of Health and Human Services;

(i) do not interpret results of measures or tests;

(ii) do not recommend treatment or the purchase of any product; and

(iii) conform to the referral and follow-up protocol approved by the Utah Department of Health and Human Services for each measure or test;

(d) licensed personnel act within their scope of practice; and

(e) the information provided to the individuals measured or tested to allow them to interpret their own results is only that approved by the Utah Department of Health and Human Services;

(a) the kit is procured through the Utah Department of Health and Human Services;

(b) the kit is issued to the individual by the individual's employing agency; and

(4) under Subsection 58-68-305(6)(b)(iv), a medical assistant under the indirect supervision of an osteopathic physician may not engage in the following medical practices or procedures:

(a) diagnosing;

(b) establishing a treatment plan; or

(i) neurotoxins, soft tissue fillers, or other facial esthetic substances; or

(ii) cosmetic products with bioactive ingredients with claimed medical benefits.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-502 Unprofessional Conduct

"Unprofessional conduct" includes:

(2) knowingly prescribing, selling, giving, or administering, directly or indirectly, or offering to prescribe, sell, give, or administer, any scheduled controlled substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act, to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except if:

(a) permitted by law; and

(b) prescribed, dispensed, or administered according to a proper medical diagnosis and for a condition indicating the use is appropriate;

(3) knowingly engaging in billing practices that are abusive and have charges that are grossly excessive for services rendered;

(4) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered or supervised; however, nothing in this section shall preclude the legal relationships within lawful professional partnerships, corporations, or associations or the relationship between an approved supervising physician and physician assistants or advanced practice nurses supervised by them;

(6) failing to furnish to the board upon request, information known by a licensee with respect to the quality and adequacy of medical care rendered to a patient by an osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(7) failing as an operating surgeon to:

(a) perform adequate pre-operative or primary post-operative care of the surgical condition for a patient in accordance with the standards and ethics of the profession; or

(b) arrange for competent primary post-operative care of the surgical condition by a licensed physician and surgeon or osteopathic physician who is equally qualified to provide that care;

(8) billing a global fee for a procedure without providing the requisite care;

(9) supervising the providing of breast screening by diagnostic mammography services or interpreting the results of breast screening by diagnostic mammography to or for the benefit of any patient without having current certification or current eligibility for certification by the American Osteopathic Board of Radiology or the American Board of Radiology, except that a licensed physician may review the results of any breast screening by diagnostic mammography procedure upon a patient to consider those results in determining appropriate care and treatment of that patient if the results are interpreted by a physician qualified under this subsection and a timely written report is prepared by the interpreting physician in accordance with the standards and ethics of the profession;

(10) as a licensee under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, failing without just cause to:

(a) repay as agreed any loan or other repayment obligation legally incurred by the licensee to fund the licensee's education or training as an osteopathic physician; or

(b) comply with any written agreement in which the licensee's education or training as an osteopathic physician is funded in consideration for the licensee's agreement to practice in a certain locality or type of locality or to comply with other conditions of practice following licensure;

(11) violating Section 58-17b-620;

(12) engaging in alternative medical practice, except as provided in Section R156-68-603;

(13) violating the American Medical Association's (AMA) Code of Medical Ethics, 2017 edition, which is incorporated by reference;

(14) failing to timely submit an annual written report to the Division indicating that the osteopathic physician has reviewed at least annually the dispensing practices of those authorized by the osteopathic physician to dispense an opiate antagonist, under Section R156-68-604;

(15) failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription, under Section 58-37-19;

(16) violating Section 58-1-301.7 by failing to keep the Division informed of a current mailing address or email address; or

(17) violating Section R156-68-510.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-503 Administrative Penalties

(1) Under Section 58-68-503, unless otherwise ordered by the presiding officer, the following fine and citation schedule shall apply:

TABLE 1

Fine and Citation Schedule

VIOLATION

FIRST OFFENSE

SUBSEQUENT OFFENSE

58-1-501(1)

$ 5,000 - $10,000

$10,000

58-1-501(2)(a)

$ 100 - $ 500

$ 500 - $3,000

58-1-501(2)(b)

$ 500 - $ 5,000

$ 1,500 - $10,000

58-1-501(2)

(c),(d),(e)

$ 500 - $ 5,000

$ 5,000 - $10,000

58-1-501(2)(f)

$ 500 - $ 5,000

$ 1,500 - $10,000

58-1-501(2) (g),(h),(i), (j),(k),(l)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

58-1-501(2)(m)

$ 5,000 - $10,000

$10,000

58-1-501.5(5)

$ 500 - $ 1,500

$ 1,500 - $10,000

58-1-510(3)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

58-37-8

$ 500 - $ 5,000

$ 1,500 - $10,000

58-68-501(1)

$ 1,000 - $ 5,000

$ 2,000 - $10,000

58-68-502(1)

$ 500 - $ 5,000

$ 5,000 - $10,000

R156-1-501 (1)through(6)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(1)(a)

$ 5,000 - $10,000

$10,000

R156-37-502(1)(b)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(2)

$ 500 - $ 5,000

$ 1,500 - $10,000

R156-37-502(3),(4),(5)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-37-502(6),(7)

$ 5,000 - $10,000

$10,000

R156-37-502(8),(9)

$ 1,000 - $ 5,000

$ 5,000 - $10,000

R156-68-502 (1)through (16)

$ 500 - $ 1,500

$ 1,500 - $10,000

Other unprofessional or unlawful conduct

$ 500 - $ 1,500

$ 1,500 - $10,000

Ongoing offenses

$2,000 per day but not less than second offense

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor.

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-510 Anesthesia and Sedation Requirements

Under Subsections 58-1-510(3) and (4) and 58-68-102(17), a physician who is providing general anesthesia, deep sedation, or moderate sedation shall possess the knowledge, skills, and education and training required by the following standards, and shall comply with the following standards:

(1) the following American Society of Anesthesiologists (ASA) standards, which are incorporated by reference:

(a) Basic Standards for Preanesthesia Care, 2020 edition;

(b) Standards for Basic Anesthetic Monitoring, 2020 edition; and

(2) the following American Association of Oral and Maxillofacial Surgeons (AAOMS) standards, which are incorporated by reference:

(a) Office Anesthesia Evaluation Manual, 2018 9th edition; and

(b) Parameters of Care, 2017 6th edition.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-603 Alternate Medical Practice

(1) A licensed osteopathic physician may engage in alternate medical practices as defined in Subsection R156-68-102(4) and shall not be considered to be engaged in unprofessional conduct on the basis that it is not in accordance with generally accepted professional or ethical standards as unprofessional conduct defined in Subsection 58-1-501(2)(b), if the licensed osteopathic physician:

(b) possesses the education, training, and experience to competently and safely administer the alternate medical treatment or therapy;

(i) that the treatment or therapy is not in accordance with generally recognized standards of the profession;

(d) has obtained from the patient a voluntary informed consent consistent with generally recognized current medical and legal standards for informed consent in the practice of medicine, including:

(i) evidence of advice to the patient in accordance with Subsection (c); and

(2) Alternate medical practice includes the practice of homeopathic medicine.

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-604 Annual Review of Dispensing Practices of those Authorized to Dispense an Opiate Antagonist

Under Subsection 26-55-105(2)(c), an osteopathic physician who issues a standing prescription drug order authorizing the dispensing of an opiate antagonist shall review the dispensing practices of those authorized by the osteopathic physician to dispense the opiate antagonist by reviewing the report of the licensee dispensing the opiate antagonist under Subsection R156- 17b-625(1).

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-803 Medical Records

Under Subsection 58-68-803(1), medical records shall be maintained in accordance with:

(1) applicable laws, regulations, and rules; and

(2) the AMA Code of Medical Ethics as incorporated by reference in Subsection R156-68-502(13).

History

KEY: osteopaths, licensing, osteopathic physician
Date of Last Change: January 12, 2023
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101

Utah Admin. Code R156-68-807 Collaborative Practice Arrangement Contract - Duties and Responsibilities of Collaborating Physician and Associate Physician

(1) Under Subsection 58-68-302.8(2) and Section 58-68-807, the process for Division approval of a collaborative practice arrangement, and the educational methods and programs required of an associate physician throughout the duration of a collaborative practice arrangement, are established in this section. (2) Before beginning a collaborative practice arrangement, the prospective collaborating physician and associate physician shall sign a written collaborative practice arrangement contract, which the associate physician shall submit to the Division for approval.

(3) A collaborative practice arrangement contract shall include at least the following:

(a) the terms and conditions required by Subsection 58-68-807(1)(b), including a description of how the health care services rendered by the associate physician will be consistent with the associate physician's skill, training, and competence;

(b) if the associate physician will prescribe Schedule III through V controlled substances, documentation of the associate physician's mid-level practitioner Federal Drug Enforcement Administration (DEA) registration;

(c) under Subsection 58-68-807(1)(c), a provision requiring the associate physician to notify the Division in writing within ten days of any modifications to the collaborative practice arrangement contract, and providing that any modifications shall become effective only upon receipt of written notice from the Division approving the changes;

(d) under Subsection 58-68-807(4), a plan establishing educational methods and programs that the associate physician shall complete throughout the duration of the collaborative practice arrangement contract, which will facilitate the advancement of the associate physician's medical knowledge and abilities; and

(e) remedies in the event of breach of contract by either the collaborating physician or associate physician, including procedures for contract termination and written notification to the Division.

(4) Before an associate physician may render health care services under a collaborative practice arrangement, the parties shall obtain the Division's written approval of the collaborative practice arrangement contract.

(5) In evaluating a collaborative practice arrangement contract, the Division shall determine if the contract sufficiently complies with Section 58-68-807 and this section to adequately protect the public health, safety, and welfare.