SB 117 — Occupational and Professional Licensing Amendments

(8)(8)(a)(i) (a) (i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check required under this section demonstrates, after the applicant is licensed or registered, that the applicant failed to accurately disclose a criminal- history,8 the- divisionEnrolled mayCopy provideS.B. notice to the applicant that the license or registration is immediately and automatically revoked.

117 criminal history, the division may provide notice to the applicant that the license or registration is immediately and automatically revoked.

(b)(b)(i) (i) An individual whose license has been revoked in accordance with Subsection (8)(a) is entitled to a hearing to challenge the revocation.

- 9 - SB0117 compared with SB0117S02 (c) The division shall conduct the hearing described in this Subsection (8) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

58-1-302.58-1-302 (Effective 07/01/26).

(i)- (A)9 the- divisionS.B. determines that the applicant's education, credentialing examination, experience, and skills demonstrate competency in the profession for which the licensure is sought in this state;

117 Enrolled Copy (i)(A) the division determines that the applicant's education, credentialing examination, experience, and skills demonstrate competency in the profession for which the licensure is sought in this state;

- 10 - SB0117 compared with SB0117S02 (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States;

(6)(6)(a) (a) For an applicant who is or has been licensed in another jurisdiction, but does not satisfy the requirements of Subsection (2) or (3), the division may evaluate and determine whether:

or (ii) in light of the applicant's education or experience obtained in the other jurisdiction, the applicant's education or experience would be substantially similar to- the10 education- orEnrolled experienceCopy requirementsS.B. for a license under this title, if the applicant obtains additional education or experience.

117 to the education or experience requirements for a license under this title, if the applicant obtains additional education or experience.

- 11 - SB0117 compared with SB0117S02 (A) holds a license in good standing of the same classification as the limited supervised training permit;

(iii)(iii)(A) (A) the division needs additional time to make a determination under Subsection (6)(a)(i);

(c)(c)(i) (i) A limited supervised training permit issued under this Subsection (6) expires:

(A) on the deadline that the division [establishes] makes for the applicant to complete the additional education or experience described in Subsection (6)(b)(iii)(B);- 11 - S.B.

117 Enrolled Copy (6)(b)(iii)(B);

- 12 - SB0117 compared with SB0117S02 (C) the division grants the renewal or extension for a period proportionate to the circumstance or hardship;

(8)(8)(a) (a) The provisions of this section control over any conflicting licensure by endorsement provision in another chapter of this title.

and (c) documentation of each instance in which the applicable board disagreed with the division's determination that an applicant's education, credentialing examination, experience,- or12 skills- fromEnrolled anotherCopy jurisdictionS.B. were substantially similar to the education, credentialing examination, experience, or skills required for the license sought under this section.

117 experience, or skills from another jurisdiction were substantially similar to the education, credentialing examination, experience, or skills required for the license sought under this section.

58-1-310.58-1-310 (Effective 07/01/26).

- 13 - SB0117 compared with SB0117S02 (2) To receive a determination, the individual shall submit the application described in this section in a form [prescribed by the division] the division approves and shall include information regarding:

(5) If the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession [regulated by ]this title regulates, the written determination described in Subsection (4) may also include information regarding additional- steps13 the- individualS.B. could take to qualify for licensure.

117 Enrolled Copy additional steps the individual could take to qualify for licensure.

58-1-401.58-1-401 (Effective 07/01/26).

- 14 - SB0117 compared with SB0117S02 (a) subject to the provisions of Subsection (7), the applicant or licensee [has engaged] engages in unprofessional conduct, as [defined by ]statute or rule under this title defines;

(b) the applicant or licensee [has engaged] engages in unlawful conduct as [defined by ]statute] statute under this title defines;

(4)- The14 division- mayEnrolled issueCopy ceaseS.B. and desist orders to:

117 (4) The division may issue cease and desist orders to:

(6)(6)(a) (a) The division may not take disciplinary action against a person for unprofessional or unlawful conduct under this title, unless the division enters into a stipulated agreement or initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the division, except under Subsection (6)(b).

-(b)(i) 15 - SB0117 compared with SB0117S02 (b) (i) The division may not take disciplinary action against a person for unprofessional or unlawful conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.

(v)- any15 testimonials- orS.B. recommendations from other individuals [provided by ] that the applicant or licensee, including a progress report from the applicant's or licensee's probation or parole officer, provides;

117 Enrolled Copy (v) any testimonials or recommendations from other individuals [provided by ] that the applicant or licensee, including a progress report from the applicant's or licensee's probation or parole officer, provides;

58-1-501.58-1-501 (Effective 07/01/26).

- 16 - SB0117 compared with SB0117S02 (a) [practicing or engaging in, representing oneself to be practicing or engaging in, or attempting] practices or engages in, represents oneself to be practicing or engaging in, or attempts to practice or engage in any profession requiring licensure under this title, except the behavioral health technician under Chapter 60, Part 6, Behavioral Health Coach and Technician Licensing Act, if the person is:

(b)(b)(i) (i) [impersonating ] impersonates another licensee or practicing a profession under a false or assumed name, except as permitted by law;

(f)- (i)16 [issuing,- orEnrolled aidingCopy andS.B. abetting ] issues, or engages in aiding and abetting in the issuance of, an order or prescription for a drug or device to a person located in this state:

117 (f)(i) [issuing, or aiding and abetting ] issues, or engages in aiding and abetting in the issuance of, an order or prescription for a drug or device to a person located in this state:

or (B) with prescriptive authority conferred by an exception issued under this title or a multistate practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish - 17 - SB0117 compared with SB0117S02 a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment;

(2)(2)(a) (a) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined as unprofessional conduct under this title or under any rule adopted under this title and includes[:] when a licensee or applicant:

(iv) [engaging ] engages in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing- or17 regulatory- authorityS.B. having jurisdiction over the licensee or applicant in [the same] any profession if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401;

117 Enrolled Copy licensing or regulatory authority having jurisdiction over the licensee or applicant in [the same] any profession if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401;

- 18 - SB0117 compared with SB0117S02 (vi) [practicing or attempting] practices or attempts to practice a profession regulated under this title despite being physically or mentally unfit to do so;

(vii) [practicing or attempting] practices or attempts to practice a or[or profession]profession regulated under this title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;

or (B)- with18 prescriptive- authorityEnrolled conferredCopy byS.B. an exception issued under this title, or a multi-state practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment;

117 (B) with prescriptive authority conferred by an exception issued under this title, or a multi-state practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment;

- 19 - SB0117 compared with SB0117S02 (b) ["Unprofessional conduct" ] Unprofessional"Unprofessional conductconduct" does not include:

or (ii)- the19 conviction- wasS.B. for:

117 Enrolled Copy (ii) the conviction was for:

- 20 - SB0117 compared with SB0117S02 (5) In accordance with Subsection (2)(b)(i), a health care provider may deviate from medical norms or established practices if:

and (v)- the20 patient- signsEnrolled andCopy acknowledgesS.B. a notice of deviation;

117 (v) the patient signs and acknowledges a notice of deviation;

- 21 - SB0117 compared with SB0117S02 (c) describes how the alternative health care service deviates from medical norms or established practices;

58-1-502.58-1-502 (Effective 07/01/26).

(1)(1)(a) (a) Unless otherwise specified in this title, a person who violates the unlawful conduct provisions defined in this title is guilty of a class A misdemeanor.

(2)(2)(a) (a) In addition to any other statutory penalty for a violation related to a specific occupation or profession regulated by this title, if upon inspection or investigation, the division concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or [(2)(a)(xv)] (2)(a)(xvi), or a rule or order issued with respect to those subsections, and that disciplinary action is appropriate, the director or the director's designee from within the division shall promptly:

or (iii) notify the person to appear before an adjudicative proceeding conducted under Title- 63G,21 Chapter- 4,S.B. Administrative Procedures Act.

(b)117 (i)Enrolled TheCopy divisionTitle may63G, assessChapter a4, fineAdministrative underProcedures thisAct. Subsection (2) against a person who violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or [(2)(a)(xv)] (2)(a)(xvi), or a rule or order issued with respect to those subsections, as evidenced by:

(b)(i) The division may assess a fine under this Subsection (2) against a person who violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or [(2)(a)(xv)] (2)(a)(xvi), or a rule or order issued with respect to those subsections, as evidenced by:

or - 22 - SB0117 compared with SB0117S02 (C) a finding of a violation in an adjudicative proceeding.

(f)(f)(i) (i) If within 20 calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.

(i)- Subject22 to- theEnrolled timeCopy limitationsS.B. described in Subsection 58-1-401(6), the division may not issue a citation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.

117 (i) Subject to the time limitations described in Subsection 58-1-401(6), the division may not issue a citation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.

- 23 - SB0117 compared with SB0117S02 (ii) for a second offense handled [pursuant to] in accordance with Subsection (2)(a), a fine of up to $2,000;

(3)(3)(a) (a) An action for a first or second offense that has not yet resulted in a final order of the division may not preclude initiation of a subsequent action for a second or subsequent offense during the pendency of a preceding action.

(4)(4)(a) (a) The director may collect a penalty that is not paid by:

58-3a-304.58-3a-304 (Effective 07/01/26).

(ii)- discloses23 in- writingS.B. to the potential client the fact that the architect:

117 Enrolled Copy (ii) discloses in writing to the potential client the fact that the architect:

and - 24 - SB0117 compared with SB0117S02 (C) that such condition may cause a delay in the ability of the architect to provide architectural services in the state;

58-4a-105.58-4a-105 (Effective 07/01/26).

(a)- any24 time- beforeEnrolled theCopy conclusionS.B. of a hearing under Section 63G-4-206;

117 (a) any time before the conclusion of a hearing under Section 63G-4-206;

- 25 - SB0117 compared with SB0117S02 (2) A licensee may enter into a program contract to replace a diversion agreement the licensee previously entered into with the department.

58-4a-107.58-4a-107 (Effective 07/01/26).

[(4)] (3) During a proceeding to terminate a program contract, the licensee, the licensee's legal representative, and the division shall have access to information contained in the division's- program25 file- asS.B. permitted by law.

[(5)]117 (4)Enrolled TheCopy directordivision's shall terminate the program contractfile andas placepermitted the licensee on probation in accordance with rules made by thelaw. division in accordance with Title 63G, Chapter 3, Utah - 26 - SB0117 compared with SB0117S02 Administrative Rulemaking Act if, during the administrative proceedings described in Subsection [(3)] (2), the presiding officer finds that the licensee has:

[(5)] (4) The director shall terminate the program contract and place the licensee on probation in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act if, during the administrative proceedings described in Subsection [(3)] (2), the presiding officer finds that the licensee has:

58-5a-306.58-5a-306 (Effective 07/01/26).

(4) [a person ] an individual residing in another state and licensed to practice podiatry there, who is called in for a consultation by [a person] an individual licensed in this state and services provided are limited to that consultation or who is invited by a recognized school, association, society, - 2726 - SB0117Enrolled comparedCopy withS.B. SB0117S02 or other body [approved by the division] the division approves to conduct a lecture, clinic, or demonstration of the practice of podiatry so long as that individual does not establish a place of business or regularly engage in the practice of podiatry in the state;

117 services provided are limited to that consultation or who is invited by a recognized school, association, society, or other body [approved by the division] the division approves to conduct a lecture, clinic, or demonstration of the practice of podiatry so long as that individual does not establish a place of business or regularly engage in the practice of podiatry in the state;

58-11a-302.58-11a-302 (Effective 07/01/26).

(a)(a)(i) (i) submit an application in a form [prescribed by ]the division approves;

and (ii) pay a fee [determined by {]} the division {determinesin }in compliance with] the division determines in accordance with Section 63J-1-504;

(b) provide satisfactory documentation of completion of required minimum service counts{[,counts, }[certified[certified by{]by that} the applicant's school]thatschool] that the applicant's school certifies, or, if under an apprenticeship, the applicant's supervisor{supervisor; certifies};

and{[:]}and: (i) compliance with educational requirements of the respective license or permit;

(i) compliance with educational requirements of the respective license or permit;

and - 2827 - SB0117S.B. compared with SB0117S02 (c) pass an examination, as [required by administrative rule established by the division] the division requires by rule {the division makes } made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2)117 (a)Enrolled TheCopy division(c) shallpass establishan administrativeexamination, rulesas to[required determineby howadministrative manyrule hoursestablished forby anthe existingdivision] licensethe ordivision permitrequires thatby anrule applicantmade mayin creditaccordance towardswith theTitle hours63G, requiredChapter for3, anUtah additionalAdministrative permitRulemaking orAct. license.

(b)(2)(a) AnThe individualdivision {[that{]}shall who}establish holdsadministrative arules [cosmetology]to legacydetermine cosmetology/barberinghow licensemany mayhours countfor 600an hoursexisting aslicense aor cosmetologistpermit tothat satisfyan theapplicant 1,200may totalcredit towards the hours requirementrequired for aan masteradditional estheticspermit or license.

(b) An individual that holds a [cosmetology] legacy cosmetology/barbering license may count 600 hours as a cosmetologist to satisfy the 1,200 total hours requirement for a master esthetics license.

58-11a-302.5.58-11a-302.5 (Effective 07/01/26).

58-11a-302.13.58-11a-302.13 (Effective 07/01/26).

(e) arching eyebrows by tweezing or waxing, tinting eyelashes or eyebrows[ or eyelashes],eyelashes] , or perming eyelashes or eyebrows;

- 2928 - SB0117Enrolled comparedCopy withS.B. SB0117S02 (i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces on the human head;

117 (i) cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces on the human head;

- 3029 - SB0117S.B. compared with SB0117S02 Section 16.

117 Enrolled Copy Section 16.

58-11a-302.21.58-11a-302.21 (Effective 07/01/26).

(3)(3)(a) (a) An individual may not instruct a discipline unless the individual has an instructor license that allows instruction of that discipline.

- 31 - SB0117 compared with SB0117S02 (5) The division may offer any [required examination under this section, which is prepared by- ]30 examination- thisEnrolled sectionCopy requiresS.B. that a national testing organization[, in languages in addition to English] prepares.

117 by ] examination this section requires that a national testing organization[, in languages in addition to English] prepares.

58-11a-302.23.58-11a-302.23 (Effective 07/01/26).

(a)(a)(i) - 32 - SB0117 compared with SB0117S02 (i) has registered an esthetics apprenticeship that meets the requirements of Subsection (4)(a) with the division on or before January 1, 2026;

or (b)(b)(i) (i) has enrolled and started an esthetics program that meets the requirements of Subsection (4)(b) with a licensed school on or before January 1, 2026[.] ;

and (ii)- completes31 the- requirementsS.B. described in Subsection (4)(b).

(4)117 (a)Enrolled AnCopy individual(ii) describedcompletes in Subsection (3)(a) shall complete at least 800 hours of apprenticeship training that is supervised by a licensed esthetics instructor who provides one-on-one supervision of the apprenticerequirements duringdescribed thein apprenticeship.Subsection (4)(b).

(4)(a) An individual described in Subsection (3)(a) shall complete at least 800 hours of apprenticeship training that is supervised by a licensed esthetics instructor who provides one-on-one supervision of the apprentice during the apprenticeship.

58-11a-302.24.58-11a-302.24 (Effective 07/01/26).

(a)(a)(i) - 33 - SB0117 compared with SB0117S02 (i) has registered a barbering apprenticeship that meets the requirements of Subsection (4)(a) with the division on or before January 1, 2026;

or (b)(b)(i) (i) has enrolled and started a barbering program that meets the requirements of Subsection (4)(b) with a licensed school on or before January 1, 2026[.] ;

(4)(4)(a) (a) An individual described in Subsection (3)(a) shall complete at least 1,250 hours of apprenticeship- training32 that- isEnrolled supervisedCopy byS.B. a licensed barbering instructor who provides one-on-one supervision of the apprentice during the apprenticeship.

117 apprenticeship training that is supervised by a licensed barbering instructor who provides one-on-one supervision of the apprentice during the apprenticeship.

58-11a-302.25.58-11a-302.25 (Effective 07/01/26).

Section 2058-11a-302.26 is enacted to read:

58-11a-302.26.58-11a-302.26 (Effective 07/01/26).

- 34 - SB0117 compared with SB0117S02 (a) a cosmetology license under Subsection 58-11a-302.13(1);

(a)(a)(i) (i) has registered a cosmetology/barbering apprenticeship that meets the requirements of Subsection (4)(4)(a) (a) with the division on or before January 1, 2026;

or (b)(b)(i) (i) has enrolled and started a cosmetology/barbering program that meets the requirements of Subsection (4)(b) with a licensed school on or before January 1, 2026;- 33 - S.B.

117 Enrolled Copy 2026;

(4)(4)(a) (a) An individual described in Subsection (3)(a) shall complete at least 2,500 hours of cosmetology/cosmetology/barbering barbering apprenticeship training that is supervised by a licensed cosmetology/barbering instructor who provides one-on-one supervision of the apprentice during the apprenticeship.

58-13-5.58-13-5 (Effective 07/01/26) (Repealed 07/01/26).

(2)(2)(a) (a) The division, and the boards within the division that act regarding the health care providers defined in this section, shall adopt rules to establish procedures to obtain information concerning the quality and adequacy of health care rendered to patients by those health care providers.

(b) It is the duty of [an individual] a health care provider licensed under Title 58, Occupations and Professions, [as a health care provider ]to furnish information known to [him] the health care provider with respect to health care rendered to patients by any health care provider licensed under - 35 - SB0117 compared with SB0117S02 Title 58, Occupations and Professions, as the division or a board may request during the course of the performance of its duties.

(c)- terminating,34 suspending,- orEnrolled restrictingCopy membershipS.B. or privileges associated with membership in a professional association for acts of unprofessional, unlawful, incompetent, or negligent conduct related to practice as a licensed health care provider;

117 (c) terminating, suspending, or restricting membership or privileges associated with membership in a professional association for acts of unprofessional, unlawful, incompetent, or negligent conduct related to practice as a licensed health care provider;

(6)(6)(a) (a) Any person or organization furnishing information in accordance with this section in response to the request of the division or a board, or voluntarily, is immune from liability with respect to information provided in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.

- 36 - SB0117 compared with SB0117S02 (b) The members of the board are immune from liability for any decisions made or actions taken in response to information [acquired by ]the board acquires if those decisions or actions are made in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.

(7) An individual who is a member of a hospital administration, board, committee, department, medical staff, or professional organization of health care providers, and any hospital, other health care entity, or professional organization conducting or sponsoring the review, is immune from liability arising from participation in a review of a health care- provider's35 professional- ethics,S.B. medical competence, [moral turpitude] or a behavior which, when considered with the functions and duties of the profession, bears a substantial relationship to the individual's ability to safely or competently perform the duties expected of a health care provider including any mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v), or substance abuse.

117 Enrolled Copy care provider's professional ethics, medical competence, [moral turpitude] or a behavior which, when considered with the functions and duties of the profession, bears a substantial relationship to the individual's ability to safely or competently perform the duties expected of a health care provider including any mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v), or substance abuse.

58-15-101.58-15-101 (Effective 07/01/26) (Repealed 07/01/35).

(5) "Intermediate care facility for people with an intellectual disability" means an institution that provides, on a regular basis, health-related care and service to individuals with intellectual disabilities as defined in Section 68-3-12.5 or individuals with related conditions, who do not - 37 - SB0117 compared with SB0117S02 require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health-related care and services above the need for room and board.

(7)- "Unprofessional36 conduct"- asEnrolled definedCopy inS.B. Section 58-1-501 and as [may be further defined by rule] the division may define by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, includes:

117 (7) "Unprofessional conduct" as defined in Section 58-1-501 and as [may be further defined by rule] the division may define by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, includes:

58-16a-305.58-16a-305 (Effective 07/01/26).

- 38 - SB0117 compared with SB0117S02 (d) does not use in the testing of the eyes any lenses or instruments other than the lenses actually sold;

(a) [he ]has a current certification from both the American Board of Opticianry and the National- Contact37 Lens- Examiners;S.B.

117 Enrolled Copy National Contact Lens Examiners;

-58-16a-502 39(Effective -07/01/26). SB0117 compared with SB0117S02 58-16a-502.

(a)- the38 generally- recognizedEnrolled practicesCopy andS.B. standards of ethics of the profession;

117 (a) the generally recognized practices and standards of ethics of the profession;

58-16a-801.58-16a-801 (Effective 07/01/26).

- 40 - SB0117 compared with SB0117S02 (b) does not perform refractions, over-refractions, or attempts to traffic upon assumed skill- in39 testing- theS.B. eye;

117 Enrolled Copy skill in testing the eye;

(2)(2)(a) (a) A person may engage in the activities described in Subsection (2)(b), without a license under this title, if the person:

and - 41 - SB0117 compared with SB0117S02 (v) complies with impact tolerance standards based on ANSI Z80.1-2010, American National- Standard40 for Ophthalmics - PrescriptionEnrolled Lenses.Copy S.B.

117 National Standard for Ophthalmics - Prescription Lenses.

58-17b-201.58-17b-201 (Effective 07/01/26).

- 42 - SB0117 compared with SB0117S02 (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203, and as required under Section 58-37f-202 regarding the controlled substance database.

In addition, the board shall designate an appropriate member on a permanent- or41 rotating- basisS.B. to:

117 Enrolled Copy permanent or rotating basis to:

58-17b-306.58-17b-306 (Effective 07/01/26).

- 43 - SB0117 compared with SB0117S02 (e) maintain operating standards [established by ] the division determines by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative- Rulemaking42 Act;- Enrolled Copy S.B.

(f)117 (i)Administrative [forRulemaking eachAct; pharmacy license, ensure that the pharmacist-in-charge, as defined by the division consents to, and completes, a criminal background check, described in Section 58-1-301.5] for each pharmacy license, ensure that the pharmacist-in-charge, or the pharmacy manager if the pharmacy is not required to have a pharmacist-in-charge, consents to and completes a criminal background check as described in Section 58-1-301.5;

(f)(i) [for each pharmacy license, ensure that the pharmacist-in-charge, as defined by the division consents to, and completes, a criminal background check, described in Section 58-1-301.5] for each pharmacy license, ensure that the pharmacist-in-charge, or the pharmacy manager if the pharmacy is not required to have a pharmacist-in-charge, consents to and completes a criminal background check as described in Section 58-1-301.5;

and (g) acknowledge the division's authority to inspect the licensee's business premises [pursuant[ pursuant to] in accordance with Section 58-17b-103.

(ii) meet any other standard related to the criminal background check described in Subsection (2)(e)(2)(e)(i), (i), that the division [establishes] makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

- 44 - SB0117 compared with SB0117S02 (f) as the division requires by rule the division makes in accordance with Title 63G, Chapter- 3,43 Utah- AdministrativeS.B. Rulemaking Act, provide a statement of the scope of pharmacy services that will be provided and a detailed description of the protocol[ as described by rule by] , which pharmacy care will be provided, including any collaborative practice arrangements with other health care practitioners;

117 Enrolled Copy Chapter 3, Utah Administrative Rulemaking Act, provide a statement of the scope of pharmacy services that will be provided and a detailed description of the protocol[ as described by rule by] , which pharmacy care will be provided, including any collaborative practice arrangements with other health care practitioners;

and (ii)(ii)(A) (A) conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program;

(3)(3)(a) (a) Each license issued under this section shall be associated with a single, specific address.

58-17b-308.58-17b-308 (Effective 07/01/26).

(1)(1)(a) (a) Except as provided in Subsection (2), [each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule] the division shall issue a license for a term of two years as the division establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

- 45 - SB0117 compared with SB0117S02 (b) [A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle] The division may extend or shorten a license term by up to one year to stagger renewals as- the44 division- determinesEnrolled byCopy ruleS.B. in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

117 as the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

and (b)(b)(i) (i) conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program;

58-17b-309.58-17b-309 (Effective 07/01/26).

and - 46 - SB0117 compared with SB0117S02 (b) under the indirect supervision of a veterinarian who is under contract with the animal shelter, stores, handles, or administers a rabies vaccine;

and (4) a dispensing practitioner, as defined in Section 58-88-201, dispensing a drug under Chapter- 88,45 Part- 2,S.B. Dispensing Practice.

117 Enrolled Copy Chapter 88, Part 2, Dispensing Practice.

58-17b-501.58-17b-501 (Effective 07/01/26).

(3)(3)(a) (a) using the title "pharmacist," "druggist," "pharmacy intern," "pharmacy technician," or a term having similar meaning, except by [a person] an individual who is licensed as a pharmacist, pharmacy intern, or pharmacy technician;

(5) using to a person's own advantages or revealing to anyone other than the division, board, and its authorized representatives, or to the courts, when relevant to a judicial or administrative proceeding - 47 - SB0117 compared with SB0117S02 under this chapter, information acquired under authority of this chapter or concerning a method of process that is a trade secret;

or (e)- by46 theft;- Enrolled Copy S.B.

117 (e) by theft;

58-17b-502.58-17b-502 (Effective 07/01/26).

- 48 - SB0117 compared with SB0117S02 (i) paying or offering rebates to practitioners or any other health care providers, or receiving or soliciting rebates from practitioners or any other health care provider;

(e) except as provided in Section 58-17b-503, accepting back and redistributing any unused- drug,47 or- aS.B. part of [it] the unused drug, after [it] the unused drug has left the premises of a pharmacy;

117 Enrolled Copy unused drug, or a part of [it] the unused drug, after [it] the unused drug has left the premises of a pharmacy;

- 49 - SB0117 compared with SB0117S02 (k) engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-pharmacist-in-charge; charge;

(o)- violating48 the- requirementsEnrolled ofCopy TitleS.B. 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

117 (o) violating the requirements of Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

and (ii) is deviating from a medical norm or established practice in accordance with Subsection 58-1-501(2)58-1-501(2)(b)(i). (b)(i).

- 50 - SB0117 compared with SB0117S02 (4) Notwithstanding Subsection (3), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).

58-17b-606.58-17b-606 (Effective 07/01/26).

(c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for cosmetic purposes, that [are prohibited by ]the Department of Health and Human Services- prohibits49 from- dispensation,S.B. but are approved by the Federal Food and Drug Administration.

117 Enrolled Copy Services prohibits from dispensation, but are approved by the Federal Food and Drug Administration.

-58-17b-607 51(Effective -07/01/26). SB0117 compared with SB0117S02 58-17b-607.

58-17b-615.58-17b-615 (Effective 07/01/26).

(1) As used in this section, "seller" means a person selling prescription drugs or devices owned or lawfully controlled by [him] the person, or a party arranging for the sale of prescription drugs or devices owned by or lawfully controlled by another person, including- salvage50 companies- thatEnrolled acquireCopy prescriptionS.B. drugs and devices from, or act as an agent or representative for freight haulers and forwarders.

117 including salvage companies that acquire prescription drugs and devices from, or act as an agent or representative for freight haulers and forwarders.

and (ii) the licensee acquiring the prescription drugs or devices employs a qualified pharmacist who is responsible for determining that all prescription drugs being acquired do not pose any threat to the public welfare if introduced into commerce than would be presented by the acquisition of those - 52 - SB0117 compared with SB0117S02 prescription drugs and devices in the normal course of business through established channels of prescription drug distribution.

(5) A pharmacist employed by a seller under Subsection (3) or a pharmacy, distributor, or wholesaler- for51 whom- thatS.B. pharmacist may be employed or in which [he] that pharmacist may have an interest, may not purchase any prescription drugs or devices from the seller for which that pharmacist has provided verification regarding the drugs or devices.

117 Enrolled Copy wholesaler for whom that pharmacist may be employed or in which [he] that pharmacist may have an interest, may not purchase any prescription drugs or devices from the seller for which that pharmacist has provided verification regarding the drugs or devices.

58-22-103.58-22-103 (Effective 07/01/26).

- 53 - SB0117 compared with SB0117S02 (4) The director may, with concurrence of the board, make distributions from the fund for the following purposes:

58-24b-201.58-24b-201 (Effective 07/01/26).

(1)- There52 is- createdEnrolled theCopy [PhysicalS.B. Therapies Licensing Board] Physical and Occupational Therapy Licensing Board, consisting of:

117 (1) There is created the [Physical Therapies Licensing Board] Physical and Occupational Therapy Licensing Board, consisting of:

and (b) advise the division during the division's investigation of the complaints described in Subsection (4)(4)(a). (a).

- 54 - SB0117 compared with SB0117S02 (5) A board member who has reviewed a complaint or been involved in an investigation under Subsection (4) is disqualified from participating in an adjudicative proceeding relating to the complaint or investigation.

58-26a-302.58-26a-302 (Effective 07/01/26).

or (B) [the equivalent with ] at least a bachelor's degree with a concentration [of] in accounting and business as the {devision } division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, at a- college53 or- universityS.B. [approved by ]the board approves;

117 Enrolled Copy a college or university [approved by ]the board approves;

(d) submit evidence of accounting experience in a form the division approves by rule {made[of in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, }[of at least:] made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

[(i) one year of accounting experience for an individual with a master's degree{[}degree or the equivalent with a concentration of accounting and business{]}business; ;

or] [(ii) two years of accounting experience for an individual with a bachelor's degree{[}degree or the equivalent with a concentration of accounting and business{]}business;] ;] (e) submit evidence of having successfully completed the qualifying examinations in accordance with Section 58-26a-306;

-(2)(a) 55 - SB0117 compared with SB0117S02 (2) (a) The division may issue a license under this chapter to an individual who holds a license as a certified public accountant issued by another state if the applicant for licensure by endorsement:

and (iv)(iv)(A)(I) (A) (I) shows evidence of having passed the qualifying examinations;

and (II)(II)(Aa) (Aa) meets the requirements for licensure that were applicable in this state at the time of the issuance of the applicant's license by the state from which the original licensure by satisfactorily passing the AICPA Uniform CPA Examination was issued;

or (B) shows evidence that the applicant's education, examination record, and experience- are54 substantially- equivalentEnrolled toCopy theS.B. requirements of Subsection (1), as [provided by rule] the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

117 experience are substantially equivalent to the requirements of Subsection (1), as [provided by rule] the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)(3)(a) (a) Each applicant for registration as a [Certified Public Accountant] certified public accountant firm shall:

- 56 - SB0117 compared with SB0117S02 (iii) have, notwithstanding any other provision of law, a simple majority of the ownership of the [Certified Public Accountant] certified public accountant firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, held by individuals who are certified public accountants, licensed under this chapter or another state of the United States of America, and the partners, officers, shareholders, members, or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid license issued under Subsection 58-26a-301(2) or the corresponding provisions of prior law;

Section- 38.55 - S.B.

117 Enrolled Copy Section 38.

58-31b-303.58-31b-303 (Effective 07/01/26).

and -(b)(i) 57 - SB0117 compared with SB0117S02 (b) (i) pass [the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination] an examination the division determines by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, demonstrating knowledge of the practice, skills, theory, and professional ethics related to nursing;

58-31b-702.58-31b-702 (Effective 07/01/26).

or (c)- that56 [person's]- individual'sEnrolled useCopy ofS.B. alcohol or drugs in an unlawful manner or to the extent the [person] individual is impaired in [his ] the ability to practice nursing safely.

117 (c) that [person's] individual's use of alcohol or drugs in an unlawful manner or to the extent the [person] individual is impaired in [his ] the ability to practice nursing safely.

58-37-2.58-37-2 (Effective 07/01/26).

- 58 - SB0117 compared with SB0117S02 (c) "Consumption" means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance.

(e) "Control" means to add, remove, or change the placement of a drug, substance, or immediate- precursor57 under- SectionS.B. 58-37-3.

(f)117 (i)Enrolled "ControlledCopy substance"immediate meansprecursor aunder drugSection or58-37-3. substance:

(f)(i) "Controlled substance" means a drug or substance:

and - 59 - SB0117 compared with SB0117S02 (II) may contain naturally occurring amounts of chemical[chemical] chemicals or substances listed in this chapter, or in rules adopted [pursuant to] in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(g)(g)(i) (i) "Controlled substance analog" means:

or (C) A substance that, with respect to a particular individual, is represented or intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous- system58 substantially- similarEnrolled toCopy theS.B. stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-4, substances listed in Section 58-37-4.2, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L.

117 nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-4, substances listed in Section 58-37-4.2, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L.

(E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in [man] humans or other animals, which contains ephedrine, pseudoephedrine, - 60 - SB0117 compared with SB0117S02 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription;

or (F) dietary supplements, vitamins, minerals, herbs, or other similar substances including concentrates or extracts, which are not otherwise regulated by law, which may contain naturally occurring amounts of chemical[chemical] chemicals or substances listed in this chapter, or in rules adopted [pursuant to] in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(h)(h)(i) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:

(A)- this59 chapter;- S.B.

117 Enrolled Copy (A) this chapter;

or - 61 - SB0117 compared with SB0117S02 (ii) any substance other than under Subsection (1)(i)(i) that:

(iii)- lysergic60 acid- diethylamide;Enrolled Copy S.B.

117 (iii) lysergic acid diethylamide;

(r)(r)(i) (i) "Drug" means:

- 62 - SB0117 compared with SB0117S02 (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

and (D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(1)(r)(i)(A), (A), (B), and (C).

(s) "Drug dependent person" means any individual who unlawfully and habitually uses any controlled substance to endanger the public morals, health, safety, or welfare, or who- is61 so- dependentS.B. upon the use of controlled substances as to have lost the power of self-control with reference to the individual's dependency.

(t)117 (i)Enrolled "Food"Copy means:who is so dependent upon the use of controlled substances as to have lost the power of self-control with reference to the individual's dependency.

(t)(i) "Food" means:

(u) "Immediate precursor" means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical - 63 - SB0117 compared with SB0117S02 intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

(z)- "Manufacturer"62 includes- anyEnrolled [personCopy who]S.B. person that packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer.

(aa)117 (i)(z) "Marijuana""Manufacturer" meansincludes allany species[person ofwho] theperson genusthat cannabispackages, andrepackages, allor partslabels any container of theany genus,controlled whethersubstance, growingexcept pharmacists who dispense or not,compound including:prescription orders for delivery to the ultimate consumer.

(aa)(i) "Marijuana" means all species of the genus cannabis and all parts of the genus, whether growing or not, including:

- 64 - SB0117 compared with SB0117S02 (B) fiber produced from the stalks;

(cc) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical- synthesis,63 or- byS.B. a combination of extraction and chemical synthesis:

117 Enrolled Copy chemical synthesis, or by a combination of extraction and chemical synthesis:

- 65 - SB0117 compared with SB0117S02 (ii) "Possession" or "use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances.

(jj) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered,- or64 otherwise- permittedEnrolled toCopy distribute,S.B. dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

117 registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

- 66 - SB0117 compared with SB0117S02 Section 41.

58-37-10.58-37-10 (Effective 07/01/26).

(1) Search warrants relating to offenses involving controlled substances may be authorized [pursuant][ pursuant] in accordance with to[to the]the Utah Rules of Criminal Procedure.

(a)(a)(i) (i) [Any] any judge or magistrate of this state [within his] with jurisdiction upon proper oath or affirmation showing probable cause, may issue [warrants] a warrant for the purpose of conducting an administrative [inspections] inspection authorized by this act or regulations thereunder and seizures of property appropriate to such [inspections.[ inspections.

and (ii)- [Probable65 ]- probableS.B. cause for purposes of this act exists upon showing a valid public interest in the effective enforcement of the act or rules promulgated thereunder sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant[.] ;

(b)117 (i)Enrolled [ACopy (ii) [Probable ] aprobable warrantcause shallfor issuepurposes onlyof uponthis anact affidavitexists ofupon anshowing officera orvalid employeepublic dulyinterest designatedin andthe havingeffective knowledgeenforcement of the factsact allegedor swornrules promulgated thereunder sufficient to beforejustify aadministrative judgeinspection of the area, premises, building, or magistrateconveyance whichin establishthe circumstances specified in the groundsapplication for issuing the warrant[.] ;

(ii)(b)(i) [If[A ] ifa thewarrant judgeshall orissue magistrateonly isupon satisfiedan thataffidavit groundsof foran theofficer application exist or thatemployee thereduly isdesignated probableand causehaving toknowledge believeof [they]the thatfacts groundsalleged forsworn theto applicationbefore exist,a [he] the judge or magistrate shallwhich issueestablish a warrant identifying the area,grounds premises,for building,issuing or conveyance to be inspected, the purposewarrant[.] of the inspection, and if appropriate, the type of property to be inspected[, if any.] ;

(ii) [If ] if the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe [they] that grounds for the application exist, [ he] the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and if appropriate, the type of property to be inspected[, if any.] ;

[(i)] (A) state the grounds for [its] the warrant's issuance and the name of each [person[ person ] individual whose affidavit has been taken to support [it] the warrant;

and - 67 - SB0117 compared with SB0117S02 [(v)] (E) direct that [it ] the warrant be served during normal business hours and designate the judge or magistrate to whom [it] the warrant shall be returned[.] ;

(c)(c)(i) (i) [A ] a warrant issued [pursuant to] in accordance with this section [must ] shall be executed and returned within 10 days after [its] the warrant's date unless, upon a showing of a need for additional time, the court instructs otherwise in the warrant[.] ;

(ii) [If] if property is seized [pursuant to] in accordance with a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or leave the copy of the warrant and a receipt for the property taken at the place [where][ where] from which the property was taken[.] ;

(iv)- [The]66 the- inventoryEnrolled shallCopy beS.B. made in the presence of the [person] individual executing the warrant and of the [person] individual from whose possession or premises the property was taken, if [they are] that individual is present, or in the presence of at least one credible [person] individual other than the [person] executing the warrant[.] ;

117 (iv) [The] the inventory shall be made in the presence of the [person] individual executing the warrant and of the [person] individual from whose possession or premises the property was taken, if [they are] that individual is present, or in the presence of at least one credible [person] individual other than the[ person] executing the warrant[.] ;

(i) [Places] places where persons licensed or exempted from licensing requirements under this act are required to keep records.records[.] ;

(b) When authorized by an administrative inspection warrant a law enforcement officer or employee designated in Section 58-37-9, upon presenting the warrant and appropriate credentials to the owner, - 68 - SB0117 compared with SB0117S02 operator, or agent in charge, has the right to enter controlled premises for the purpose of conducting an administrative inspection.

(i) [To] to inspect and copy records required by this chapter.chapter[.] ;

(ii) [To] to inspect within reasonable limits and a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling found, and except as provided in Subsection (3)(e), all other things including records, files, papers, processes, controls, and facilities subject to regulation and control by this chapter or by rules promulgated by the department.department[.] ;

(d)- This67 section- shallS.B. not be construed to prevent the inspection of books and records without a warrant [pursuant to] in accordance with an administrative subpoena issued by a court or the department nor shall [it] this section be construed to prevent entries and administrative inspections including seizures of property without a warrant:

117 Enrolled Copy (d) This section shall not be construed to prevent the inspection of books and records without a warrant [pursuant to] in accordance with an administrative subpoena issued by a court or the department nor shall [it] this section be construed to prevent entries and administrative inspections including seizures of property without a warrant:

58-37c-8.58-37c-8 (Effective 07/01/26).

- 69 - SB0117 compared with SB0117S02 (a) establish the form of application for a license, the requirements for licensure, and fees for initial licensure and renewal;

(4) The purchase, sale, transfer, furnishing, or receipt of a drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in [man] humans or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription [pursuant to] in accordance with the- federal68 Food,- DrugEnrolled andCopy CosmeticS.B. Act, 21 USC, Sec.

117 the federal Food, Drug and Cosmetic Act, 21 USC, Sec.

58-37c-17.58-37c-17 (Effective 07/01/26).

For the purpose of inspecting, copying, and auditing records and reports required under this chapter and rules adopted pursuant thereto, and for the purpose of inspecting and auditing inventories of listed controlled substance precursors, the director, or [his ] the director's authorized agent, and law enforcement personnel of any federal, state, or local law enforcement agency is authorized to enter the premises of regulated distributors and regulated - 70 - SB0117 compared with SB0117S02 purchasers during normal business hours to conduct administrative inspections.

58-37f-301.58-37f-301 (Effective 07/01/26).

(2) The division shall make information in the database and information obtained from other state or federal prescription monitoring programs by means of the database available- only69 to- theS.B. following individuals, in accordance with the requirements of this chapter and division rules:

(a)117 (i)Enrolled personnelCopy ofavailable theonly division specifically assigned to conductthe investigationsfollowing relatedindividuals, toin controlledaccordance substancewith laws under the jurisdictionrequirements of thethis division;chapter and division rules:

(a)(i) personnel of the division specifically assigned to conduct investigations related to controlled substance laws under the jurisdiction of the division;

and - 71 - SB0117 compared with SB0117S02 (ii) the conduct that is the subject of the division's consideration includes a violation or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant violation or potential violation under this title;

(ii)- when70 the- informationEnrolled isCopy requestedS.B. by the Department of Health and Human Services in relation to a person or provider whom the Department of Health and Human Services suspects may be improperly obtaining or providing a controlled substance;

117 (ii) when the information is requested by the Department of Health and Human Services in relation to a person or provider whom the Department of Health and Human Services suspects may be improperly obtaining or providing a controlled substance;

- 72 - SB0117 compared with SB0117S02 (iii) the designee protects the information as a business associate of the Department of Health and Human Services;

(i) the managed care organization contracts with the Department of Health and Human- Services71 under- theS.B. provisions of Section 26B-3-202 and the contract includes provisions that:

117 Enrolled Copy Human Services under the provisions of Section 26B-3-202 and the contract includes provisions that:

(i)(i)(A) (A) relates specifically to a current or prospective patient of the practitioner;

-(ii)(A) 73 - SB0117 compared with SB0117S02 (ii) (A) relates specifically to a former patient of the practitioner;

(iii) relates specifically to an individual who has access to the practitioner's Drug Enforcement Administration identification number, and the practitioner suspects that the individual may have used the practitioner's Drug Enforcement Administration- identification72 number- toEnrolled fraudulentlyCopy acquireS.B. or prescribe a controlled substance;

117 Administration identification number to fraudulently acquire or prescribe a controlled substance;

- 74 - SB0117 compared with SB0117S02 [(A) grants the employee access to the database;

and] [(B) provides the employee with a password that is unique to that employee to access the database in order to permit the division to comply with the requirements of Subsection 58-37f-203(7) with respect to the employee;] (k) a licensed pharmacist having authority to dispense a controlled substance, or a licensed pharmacy intern or pharmacy technician working under the general supervision of a licensed pharmacist, to the extent the information is provided or sought- for73 the- purposeS.B. of:

117 Enrolled Copy sought for the purpose of:

and - 75 - SB0117 compared with SB0117S02 (B) receiving treatment from, or under the direction of, the mental health therapist as part of the patient's participation in the licensed substance abuse treatment program described in Subsection (2)(2)(o)(i)(A); (o)(i)(A);

and (iii) the licensed substance abuse treatment program described in Subsection (2)(o)(i)(A)- is74 associated- withEnrolled aCopy practitionerS.B. who:

117 (2)(o)(i)(A) is associated with a practitioner who:

- 76 - SB0117 compared with SB0117S02 (u) a licensed pharmacist who is authorized by a managed care organization as defined in Section 31A-1-301 to access the information on behalf of the managed care organization, if:

(i) the managed care organization believes that an enrollee of the managed care organization has obtained or provided a controlled substance in violation of a medication management program contract between the enrollee and the managed care- organization;75 - S.B.

117 Enrolled Copy care organization;

(3)(3)(a) (a) A practitioner described in Subsection (2)(h) may designate one or more employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).

(4)(4)(a) (a) An individual who is employed in the emergency department of a hospital may exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if the individual is designated under Subsection (4)(c) and the licensed practitioner:

and - 77 - SB0117 compared with SB0117S02 (iii) requests that an individual employed in the emergency department and designated under Subsection (4)(c) obtain information regarding the patient from the database as needed in the course of treatment.

(b)- The76 emergency- departmentEnrolled employeeCopy obtainingS.B. information from the database shall, when gaining access to the database, provide to the database the name and any additional identifiers regarding the requesting practitioner as required by division administrative rule established under Subsection (3) (b).

117 (b) The emergency department employee obtaining information from the database shall, when gaining access to the database, provide to the database the name and any additional identifiers regarding the requesting practitioner as required by division administrative rule established under Subsection (3)(b).

(d) The division may impose a fee, in accordance with Section 63J-1-504, on a practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the costs incurred by the division to conduct the background check and make the determination described in Subsection (3)(3)(b). (b).

(5)(5)(a)(i) (a) (i) An individual may request that the division provide the information under Subsection (5)(b) to a third party who is designated by the individual each time a controlled substance prescription for the individual is dispensed.

- 78 - SB0117 compared with SB0117S02 (i) the fact a controlled substance has been dispensed to the individual, but without identifying the controlled substance;

(c)(c)(i) (i) An individual who has made a request under Subsection (5)(a) may direct that the division discontinue providing information to the third party.

and (B)- discontinue77 providing- informationS.B. to the third party.

(6)117 (a)Enrolled AnCopy individual(B) whodiscontinue isproviding grantedinformation access to the databasethird basedparty. on the fact that the individual is a licensed practitioner or a mental health therapist shall be denied access to the database when the individual is no longer licensed.

(6)(a) An individual who is granted access to the database based on the fact that the individual is a licensed practitioner or a mental health therapist shall be denied access to the database when the individual is no longer licensed.

58-37f-303.58-37f-303 (Effective 07/01/26).

- 79 - SB0117 compared with SB0117S02 (1) As used in this section:

(a) "Controlled substance" means any substance listed in Subsection 58-37-4(2)(b) through {(4)(2)(e)} (2)(e).

and (ii)- does78 not- meanEnrolled anCopy individualS.B. whose access to the database has been revoked by the division [pursuant to] in accordance with Subsection 58-37f-301(5)(c).

117 (ii) does not mean an individual whose access to the database has been revoked by the division [pursuant to] in accordance with Subsection 58-37f-301(5)(c).

(4)(4)(a) - 80 - SB0117 compared with SB0117S02 (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying:

(i)- minimum79 user- identificationS.B. requirements that in substance are the same as the database identification requirements in Section 58-37f-301;

117 Enrolled Copy (i) minimum user identification requirements that in substance are the same as the database identification requirements in Section 58-37f-301;

(6)(6)(a) (a) The division shall periodically audit the use of [opioid] controlled substance prescription information made available to an EDS user via the user's electronic data system.

(c)(c)(i) - 81 - SB0117 compared with SB0117S02 (i) If the division determines by audit or other means that an electronic data system is not in compliance with rules [established by the division under ] the division makes in accordance with Subsection (4), the division shall immediately suspend or revoke the electronic data system's access to [opioid] controlled substance prescription information in the database.

(iii) If the division suspends or revokes access to [opioid] controlled substance prescription information in the database under Subsection (6)(c)(i) or (6)(c)(ii), the division shall also take any other appropriate corrective or disciplinary action [authorized[ by- ]this80 chapter- orEnrolled titleCopy authorizes.S.B.

117 authorized by ]this chapter or title authorizes.

58-37f-304.58-37f-304 (Effective 07/01/26).

(2)(2)(a) (a) A prescriber shall check the database for information about a patient before the first time the prescriber gives a prescription to a patient for a Schedule II opioid or a Schedule III opioid.

or - 82 - SB0117 compared with SB0117S02 (ii) other similar records of controlled substances the patient has filled.

(d)(d)(i) (i) A prescriber may comply with the requirements in Subsections (2)(a) and (b) by checking an electronic health record system if the electronic health record system:

(ii)- The81 division- mayS.B. not approve a connection to the database if the connection does not satisfy the requirements [established by the division under ] the division makes in accordance with Section 58-37f-301.

117 Enrolled Copy (ii) The division may not approve a connection to the database if the connection does not satisfy the requirements [established by the division under ] the division makes in accordance with Section 58-37f-301.

and (b) reduce or waive the division's continuing education requirements regarding opioid prescriptions, described in Section 58-37-6.5, including the online tutorial and test relating to the database, for - 83 - SB0117 compared with SB0117S02 prescribers and dispensers whose individual utilization of the database, as [determined by the division] the division determines, demonstrates substantial compliance with this section.

(5)(5)(a) (a) The division shall review the database to identify any prescriber who has a pattern of- prescribing82 opioids- notEnrolled inCopy accordanceS.B. with the recommendations of:

117 of prescribing opioids not in accordance with the recommendations of:

or (iii) other publications describing best practices related to prescribing opioids as [identified[ identified by division] the division identifies in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the Medical Licensing Board.

(d) The division may not use an identification the division has made under this Subsection (5) or the decision by a prescriber to accept or not accept education [offered[ offered by the division] the division offers under this Subsection (5) in a licensing investigation or action by the division.

-58-37f-402 84(Effective -07/01/26). SB0117 compared with SB0117S02 58-37f-402.

[(d) basic knowledge that is important for all people who prescribe controlled substances to know in order to help ensure the health and safety of an individual to whom a controlled- substance83 is- prescribed.]S.B. (2) The division shall design the test described in this section as follows:

117 Enrolled Copy controlled substance is prescribed.] (2) The division shall design the test described in this section as follows:

- 85 - SB0117 compared with SB0117S02 (6) The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

58-37f-702.58-37f-702 (Effective 07/01/26).

(1)(1)(a) (a) The division shall take the actions described in Subsection (1)(b) if the division receives- a84 report- fromEnrolled aCopy generalS.B. acute hospital under Section 26B-2-225 regarding admission to a general acute hospital for poisoning or overdose involving a prescribed controlled substance.

(b)117 Thereceives divisiona shall,report withinfrom [three]a fivegeneral businessacute dayshospital afterunder theSection day26B-2-225 onregarding whichadmission to a reportgeneral inacute Subsectionhospital (1)for (a)poisoning isor received:overdose involving a prescribed controlled substance.

(b) The division shall, within [three] five business days after the day on which a report in Subsection (1)(a) is received:

and] [(B) the information obtained from the database that led the division to determine that the practitioner receiving the information may have prescribed the controlled substance to the person named in the report.] (2)(2)(a) (a) When the division receives a report from the medical examiner under Section 26B-8-210 regarding a death caused by poisoning or overdose involving a prescribed controlled substance, for each practitioner [identified by the medical examiner] the medical examiner identifies under Subsection 26B-8-210(1)(c), the division:

- 86 - SB0117 compared with SB0117S02 (b) A practitioner may decline an educational visit described in Subsection (2)(a)(ii).

(4) Any record [created by the division] the division creates as a result of an educational visit described in Subsection (2)(a)(ii) is a protected record for purposes of Title 63G, Chapter- 2,85 Government- RecordsS.B. Access and Management Act.

117 Enrolled Copy Chapter 2, Government Records Access and Management Act.

58-37f-703.58-37f-703 (Effective 07/01/26).

(1) When the division receives a report from a court under Subsection 41-6a-502(5) or 41-6a-502.5(5)41-6a-502.5(5)(b) (b) relating to a conviction for driving under the influence of, or while impaired by, a prescribed controlled substance, the division shall:

and] [(ii) the information obtained from the database that led the division to determine that the practitioner receiving the information may have prescribed the controlled substance to the convicted person.] - 87 - SB0117 compared with SB0117S02 (2) It is the intent of the Legislature that the information provided under Subsection (1)(b) is provided for the purpose of assisting the practitioner in:

58-40a-305.58-40a-305 (Effective 07/01/26).

In addition to the exemptions from licensure in Section 58-1-307, this chapter does not require the licensure of a medical assistant as defined in Section 58-67-102 or 58-68-102 or an individual- who86 assists- inEnrolled anCopy emergencyS.B. or in providing services for which no fee is contemplated, charged, or received, provided the individual does not [hold himself out as] represent that the individual is an athletic trainer.

117 individual who assists in an emergency or in providing services for which no fee is contemplated, charged, or received, provided the individual does not [hold himself out as] represent that the individual is an athletic trainer.

58-49-4.58-49-4 (Effective 07/01/26).

and - 88 - SB0117 compared with SB0117S02 [(4)] (d) has paid the appropriate fees determined by the Department of Commerce.

58-60-102.58-60-102 (Effective 07/01/26).

(2) "Client" or "patient" means an individual who [consults or is examined or interviewed by- ]an87 individual- licensedS.B. under this chapter who is acting in the individual's professional capacity consults, examines, or interviews.

(3)117 "ClinicalEnrolled supervision"Copy meansby work]an experienceindividual conductedlicensed under thethis supervisionchapter ofwho ais clinicalacting supervisor, including the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the courseindividual's ofprofessional thecapacity day-to-consults, dayexamines, jobor functionsinterviews. and work of:

(3) "Clinical supervision" means work experience conducted under the supervision of a clinical supervisor, including the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of:

-(a)(i) 89 - SB0117 compared with SB0117S02 (a) (i) is licensed, in good standing, as a mental health therapist;

(iii)(iii)(A) (A) has completed eight or more hours of supervision instruction that meets minimum standards [established by the division in rule] the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means- within88 a- reasonableEnrolled timeCopy frame;S.B.

117 means within a reasonable time frame;

and (b)(b)(i) (i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024;

(a)(a)(i) - 90 - SB0117 compared with SB0117S02 (i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship;

(7)(7)(a) (a) "Direct client care" means the practice of mental health therapy performed as an applicant for licensure.

(8)(8)(a) (a) "Direct clinical supervision" means an applicant for licensure and the applicant's direct- clinical89 supervisor- meetingS.B. in real time and in accordance with the applicant for licensure's supervision contract as [defined by division rule] the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

117 Enrolled Copy direct clinical supervisor meeting in real time and in accordance with the applicant for licensure's supervision contract as [defined by division rule] the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(a)(a)(i) - 91 - SB0117 compared with SB0117S02 (i) by the applicant for licensure's clinical supervisor;

(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;- 90 - Enrolled Copy S.B.

117 nursing;

- 92 - SB0117 compared with SB0117S02 (k) a clinical mental health counselor;

and (f)- holding91 oneself- outS.B. as providing, or has having the skills, experience, or training to competently provide, any of the services described in Subsections (17)(a) through (e).

117 Enrolled Copy (f) holding oneself out as providing, or has having the skills, experience, or training to competently provide, any of the services described in Subsections (17)(a) through (e).

- 93 - SB0117 compared with SB0117S02 Section 53.

58-60-102.5.58-60-102.5 (Effective 07/01/26).

(ii)- who92 are- notEnrolled licensedCopy toS.B. practice under:

117 (ii) who are not licensed to practice under:

- 94 - SB0117 compared with SB0117S02 (E) a training institution providing education credentials required for a license under Subsection (3)(b);

and (ii)- prevent93 harm- toS.B. the health, safety, and financial welfare of the public;

117 Enrolled Copy (ii) prevent harm to the health, safety, and financial welfare of the public;

(4)(4)(a) (a) There are created the following advisory committees to the board:

and - 95 - SB0117 compared with SB0117S02 [(ii) a member of each profession regulated under this chapter;] [(iii) Chapter 61, Psychologist Licensing Act;

and] [(iv)] (ii) [as determined by the division in rule, additional members from the professions licensed under this chapter or Chapter 61, Psychologist Licensing Act.] additional members from the professions licensed under this chapter or Chapter 61, Psychologist Licensing Act, that the division appointappoints by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

and (B)- prevent94 harm- toEnrolled theCopy health,S.B. safety, and financial welfare of the public;

117 (B) prevent harm to the health, safety, and financial welfare of the public;

- 96 - SB0117 compared with SB0117S02 (e) The Background and Investigations Advisory Committee shall:

(v) make recommendations to the board for sanctions against individual licensees [and[ and certificate holders ]and referral to the Utah Professionals Health Program under Chapter 4a, Utah Professionals Health Program;

(i)- review95 compliance- withS.B. probationary orders;

117 Enrolled Copy (i) review compliance with probationary orders;

- 97 - SB0117 compared with SB0117S02 (a) client or patient access to qualified licensees;

Section- 54.96 - Enrolled Copy S.B.

117 Section 54.

58-60-108.58-60-108 (Effective 07/01/26).

- 98 - SB0117 compared with SB0117S02 (c) "Licensee" includes a certificate holder under this chapter.

(3)(3)(a)(i) (a) (i) Subject to Subsection (7), if a court with jurisdiction determines a licensee is incapacitated as defined in Section 75-1-20, or that the licensee has a mental illness as defined in Section 26B-5-301, and is unable to safely engage in practice under this chapter, the director shall immediately suspend the license of the licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending.

(ii) The director shall promptly notify the licensee in writing of a suspension under Subsection (3)(3)(a)(i). (a)(i).

(b)(b)(i) (i) If the division and a majority of the board find reasonable cause to believe that a licensee cannot practice under this chapter with reasonable skill and safety to protect a patient due to illness, excessive use of drugs or alcohol, or another mental or physical condition, and a court has not determined that the licensee is incapacitated or has a mental illness, the board shall:

and (B)- ensure97 service- ofS.B. the petition on the licensee together with a notice of hearing limited to the licensee's capacity to competently and safely practice under this chapter.

117 Enrolled Copy (B) ensure service of the petition on the licensee together with a notice of hearing limited to the licensee's capacity to competently and safely practice under this chapter.

(4)(4)(a) (a) Every licensee who accepts the privilege of being licensed under this chapter gives consent to:

and - 99 - SB0117 compared with SB0117S02 (ii) the admissibility of the reports of the examining practitioner's testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.

(c)(c)(i) (i) By written order of the director, the division may immediately suspend the license of a licensee who fails to submit to examination in accordance with this section.

(5)(5)(a) (a) A licensee whose license is suspended under Subsection (3) or (4)(c) may appeal the suspension within 10 days after the day on which the division suspends the license.

(6)- A98 licensee- whoseEnrolled licenseCopy isS.B. revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the licensee, under procedures the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding change in the licensee's condition, to determine whether:

117 (6) A licensee whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the licensee, under procedures the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding change in the licensee's condition, to determine whether:

- 100 - SB0117 compared with SB0117S02 (8) Section 63G-2-206 may not be construed as limiting the authority of the division to report current significant investigative information to the coordinated licensure information system for transmission to party states as required of the division by the Counseling Compact in Section 58-60a-103 or the Social Work Licensure Compact in Section 58-60b-103.

58-60-117.58-60-117 (Effective 07/01/26).

(1) The division shall issue a temporary license under [Part 2, Social Worker Licensing Act, ]Part] Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health Counselor Licensing Act, of this chapter to a [person who] person that:

(a) submits an application for licensure under [Part 2, Social Worker Licensing Act, ]Part] Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health Counselor Licensing Act;

(e) provides mental health therapy as an employee of a public or private organization, which provides mental health therapy, while under the supervision of a person licensed- under99 this- chapter;S.B.

117 Enrolled Copy licensed under this chapter;

58-60-207.58-60-207 (Effective 07/01/26).

- 101 - SB0117 compared with SB0117S02 (2) To the extent an individual is professionally prepared by the education and training track completed while earning a master's or doctor of social work degree, a licensed certified social worker may engage in all acts and practices defined as the practice of certified social work consistent with the licensee's education, clinical training, experience, and competence:

(c) including engaging in the private, independent, unsupervised practice of social work as a self-self-employed employed individual, in partnership with other mental health therapists, as a professional corporation, or in any other capacity or business entity, so long as [he] the individual does not practice unsupervised psychotherapy;

58-60-405.58-60-405 (Effective 07/01/26).

(b)- pay100 a- feeEnrolled determinedCopy byS.B. the department under Section 63J-1-504;

117 (b) pay a fee determined by the department under Section 63J-1-504;

- 102 - SB0117 compared with SB0117S02 (i) not less than 3,000 hours of clinical supervision, which includes hours accrued under Subsection (1)(1)(e); (e);

(g)(g)(i) (i) pass the examination requirement the division establishes by rule under Section 58-1-203;

(B) document successful completion of not less than 500 additional direct client care hours, not less than 25 of which are direct clinical supervision hours, and not- less101 than- fiveS.B. of which are direct observation hours by a clinical supervisor;

117 Enrolled Copy not less than five of which are direct observation hours by a clinical supervisor;

and (h)(h)(i) (i) consent to, and complete, a criminal background check, described in Section 58-1-301.5;

- 103 - SB0117 compared with SB0117S02 (2) An applicant for licensure as an associate clinical mental health counselor shall comply with the provisions of Subsections (1)(a) through [(c)] {(1)(c)} (1)(d) and [(h)] (1)(h).

and (c) that the applicant received a passing score [that is valid and in good standing on:] on the National {Clinical Mental Health Counseling } Counselor Examination.

58-60-502.58-60-502 (Effective 07/01/26).

(1)(1)(a) (a) "Counseling" means a collaborative process that facilitates the client's progress toward mutually determined treatment goals and objectives.

(i)- methods102 that- areEnrolled sensitiveCopy toS.B. an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context;

117 (i) methods that are sensitive to an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context;

- 104 - SB0117 compared with SB0117S02 (b) the supervision is conducted in a face-to-face manner, unless [otherwise approved on a case-by-case-by-case case basis by the division in collaboration with the board] the division otherwise approves in collaboration with the board;

and (e) conducting supportive counseling and psychosocial education for substance use disorders and co-co-occurring occurring mental health disorders, including:

(A)- conducted103 under- theS.B. supervision of a mental health therapist;

117 Enrolled Copy (A) conducted under the supervision of a mental health therapist;

- 105 - SB0117 compared with SB0117S02 (a) by the application of generally recognized substance use disorder counseling and addiction counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior;

(9)(9)(a) (a) "Practice as a substance use disorder counselor" means providing services as an employee of a substance use disorder agency under the general supervision of a licensed mental health therapist to individuals or groups of persons, whether in person or remotely, for conditions of substance use disorders consistent with the education and training of a substance use disorder counselor required under this part, and the standards and ethics of the profession as [approved by the division] the division approves in collaboration with the board.

(D)- treatment104 costs- toEnrolled beCopy borneS.B. by the client, if any;

117 (D) treatment costs to be borne by the client, if any;

- 106 - SB0117 compared with SB0117S02 (v) participating in the process of treatment planning, including recommending specific interventions to support existing treatment goals and objectives developed by the substance use disorder counselor, the mental health therapist, and the client to:

and- (xiii)105 consulting- withS.B. other professionals in regard to client treatment and services to assure comprehensive quality care for the client.

117 Enrolled Copy and (xiii) consulting with other professionals in regard to client treatment and services to assure comprehensive quality care for the client.

- 107 - SB0117 compared with SB0117S02 (10) "Program" means a substance use disorder agency that provides substance use disorder services, including recovery support services.

58-60-506.58-60-506 (Effective 07/01/26).

(b)- pay106 a- feeEnrolled [determinedCopy byS.B. the department under] the division determines in accordance with Section 63J-1-504;

117 (b) pay a fee [determined by the department under] the division determines in accordance with Section 63J-1-504;

(d) produce a certified transcript from an accredited institution of higher education that meets standards [established by division rule under] the division makes in accordance with Title 63G, Chapter 3, - 108 - SB0117 compared with SB0117S02 Utah Administrative Rulemaking Act, and in accordance with Section 58-1-203, verifying the satisfactory completion of:

(i) not less than 3,000 hours of clinical supervision, which includes hours accrued under Subsection (1)(1)(g); (g);

(h)(h)(i) (i) pass the examination requirement the division [establishes] makes by rule [under] in- accordance107 with- SectionS.B. 58-1-203;

117 Enrolled Copy in accordance with Section 58-1-203;

- 109 - SB0117 compared with SB0117S02 (B) document successful completion of not less than 500 additional direct client care hours, not less than 25 of which are direct clinical supervision hours, and not less than five of which are direct observation hours by a clinical supervisor;

and (i)(i)(i) (i) consent to, and complete, a criminal background check, described in Section 58-1-301.5;

(ii) meet any other standard related to the criminal background check described in Subsection (1)(i)(1)(i)(i), (i), that the division [establishes] makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(b)- pay108 a- feeEnrolled [determinedCopy byS.B. the department under] the division determines in accordance with Section 63J-1-504;[ {[} and] (c) document successful completion of at least two hours of training in suicide prevention obtained after completion of the education requirements under Subsection (4)(d) via a course that the division designates as approved;

and117 -(b) 110pay -a SB0117fee compared[determined by the department under] the division determines in accordance with SB0117S02Section [(c)]63J-1-504;[ (d)and] (i)(c) producedocument certifiedsuccessful transcriptscompletion verifyingof satisfactoryat least two hours of training in suicide prevention obtained after completion of:of the education requirements under Subsection (4)(d) via a course that the division designates as approved;

and [(c)] (d)(i) produce certified transcripts verifying satisfactory completion of:

(a)(a)(i) (i) as a National Certified Addiction Counselor Level II (NCAC II) from the National Certification Commission for Addiction Professionals (NCC AP);

or (b) of substantive equivalence to the certifications under Subsection (5)(a), as [determined[ determined by division rule made in consultation with the board] the division {determines } requires by rule {the division makes in collaboration with the board, and } in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(i)- meet109 division- standards;S.B.