HB 374 — Speech, Language, and Hearing Occupations Licensing Amendments

374 53F-2-405 (Effective 05/06/26).

(a)(a)(i) (i) a license issued by the state board;

and - 7 - HB0374 compared with HB0374S02 (ii) a position as a:

{[(B)(B) speech pathologist;]}pathologist; {[(C){]} {(B)} } librarian or media specialist;

{[(D){]}(C) {(C)}librarian }or preschoolmedia teacher;specialist;

{[(E){]}(D) {(D)}preschool } mentor teacher;

{[(F){]}(E) {(E)}mentor }teacher; teacher specialist or teacher leader;

{[(G){]}(F) {(F)}teacher }specialist guidanceor counselor;teacher leader;

{[(H)(G) audiologist;]}guidance {[(I){]}counselor; {(G)} } psychologist;

or(H) {[(J){]}audiologist; {(H)} } social worker;

or(I) (b)psychologist; (i) a license issued by the Division of Professional Licensing;

or (J) social worker;

or (b)(i) a license issued by the Division of Professional Licensing;

(3)(3)(a) (a) The state board shall distribute to each school district, each charter school, each regional education service agency, and the Utah Schools for the Deaf and the Blind money that the Legislature appropriates for educator salary adjustments based on the number of educator positions described in Subsection (1) in the school district, the charter school, each regional education service agency, or the Utah Schools for the Deaf and the Blind.

(b) Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the full amount of educator salary adjustments described in this section, the state board shall distribute money appropriated for educator salary adjustments to school districts, charter schools, each regional education service agency, and the Utah Schools for the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions in a school district, a charter school, each regional - 87 - HB0374H.B. compared with HB0374S02 education service agency, or the Utah Schools for the Deaf and the Blind as compared to the total number of full-time-equivalent educator positions in school districts, charter schools, each regional education service agency, and the Utah Schools for the Deaf and the Blind.

374 Enrolled Copy Schools for the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions in a school district, a charter school, each regional education service agency, or the Utah Schools for the Deaf and the Blind as compared to the total number of full-time-equivalent educator positions in school districts, charter schools, each regional education service agency, and the Utah Schools for the Deaf and the Blind.

(6)(6)(a) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient money each year to:

and (ii)- provide8 educator- salaryEnrolled adjustmentsCopy toH.B. new employees.

374 (ii) provide educator salary adjustments to new employees.

- 9 - HB0374 compared with HB0374S02 (iii) social security;

(7)(7)(a) (a) Subject to future budget constraints, the Legislature shall:

53F-5-217.53F-5-217 (Effective 05/06/26).

or (ii) for an audiologist or a speech language pathologist, an individual who an LEA employs and holds a credential fromfrom: {the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act.} :

{(c)}(A) the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;

or (B)- the9 State- BoardH.B. of Education.

-374 10Enrolled -Copy HB0374(B) compared with HB0374S02 (c) "Eligible applicant" means one of the followingState thatBoard has established a mentoring program for new principals, or agrees to establish a mentoring program during the first year of funding,Education. that meets the requirements as described in Subsection (6):

(c) "Eligible applicant" means one of the following that has established a mentoring program for new principals, or agrees to establish a mentoring program during the first year of funding, that meets the requirements as described in Subsection (6):

(f)(f)(i) (i) "Principal" means a school-level leader with executive authority, including:

(2)(2)(a) (a) An eligible applicant may apply to the state board for a grant to provide professional learning and training activities for a new principal or an aspiring principal.

- 11 - HB0374 compared with HB0374S02 (d) The state board shall determine an eligible applicant's grant amount based on a formula determined by the state board as described Subsection (6).

(3)(3)(a) (a) A grant recipient that receives a grant under this section may use the grant award:

(ii)- to10 provide- job-embeddedEnrolled experiencesCopy suchH.B. as an internship or residency to an aspiring principal to help the aspiring principal meet school leader standards and competencies required for licensure as a principal;

374 (ii) to provide job-embedded experiences such as an internship or residency to an aspiring principal to help the aspiring principal meet school leader standards and competencies required for licensure as a principal;

and - 12 - HB0374 compared with HB0374S02 (vi) school accountability data described in Title 53E, Chapter 5, Accountability, for each year the grant recipient uses the grant award to provide new and aspiring principals with the professional learning and training activities described in Subsection (3).

(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state- board11 shall- makeH.B. rules establishing:

374 Enrolled Copy state board shall make rules establishing:

53G-11-501.53G-11-501 (Effective 05/06/26).

- 13 - HB0374 compared with HB0374S02 (c) reduction in salary of an employee not generally applied to all employees of the same category employed by the school district during the employee's contract term;

(7)- "Educator"12 means- anEnrolled individualCopy employedH.B. by a school district who is required to hold a professional license issued by the state board or, for an audiologist or a speech language pathologist, an individual who an LEA employs and holds a credential from the State Board of Education or from the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, except:

374 (7) "Educator" means an individual employed by a school district who is required to hold a professional license issued by the state board or, for an audiologist or a speech language pathologist, an individual who an LEA employs and holds a credential from the State Board of Education or from the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, except:

(8)(8)(a) (a) "Employee" means a career or provisional employee of a school district, except as provided in Subsection (7)(b).

or - 14 - HB0374 compared with HB0374S02 (b) the Utah Schools for the Deaf and the Blind.

(b)- summarizes13 an- educator'sH.B. performance during an evaluation cycle;

374 Enrolled Copy (b) summarizes an educator's performance during an evaluation cycle;

(17)(17)(a) (a) "Unsatisfactory performance" means a deficiency in performing work tasks that may be:

53G-11-512.53G-11-512 (Effective 05/06/26).

- 15 - HB0374 compared with HB0374S02 (3) The local school board shall ensure that the procedures and standards for a plan of assistance- adopted14 under- SubsectionEnrolled (2)(c)Copy requireH.B. a plan of assistance to identify:

374 assistance adopted under Subsection (2)(c) require a plan of assistance to identify:

(4) If a career employee exhibits both unsatisfactory performance as described in Subsection [53G-11-501(16)(a)] 53G-11-501(17)(a) and conduct described in Subsection [53G-11-501(16)[ (b)]53G-11-501(16)(b)] 53G-11-501(17)(b), an employer:

58-1-203.58-1-203 (Effective 05/06/26).

- 16 - HB0374 compared with HB0374S02 (a) defining which schools, colleges, universities, departments of universities, military educational and training programs, or other institutions of learning are reputable and in good standing with the division;

(b)- prescribing15 license- qualifications;H.B.

374 Enrolled Copy (b) prescribing license qualifications;

Section 58-41-10158-41-101, which is renumbered from Section 58-41-2 is renumbered and amended to read:

General Provisions [58-41-2] 58-41-101.58-41-101 (Effective 05/06/26) (Repealed 07/01/29).

[(2) "Association" means the Utah Speech-Language-Hearing Association.] [(3)] (4) "Audiologist" means [a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, - 17 - HB0374 compared with HB0374S02 communication, and perception of sound and determines the range, nature, and degree of hearing function related- to16 communication- needs,Enrolled orCopy providesH.B. audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function.

374 related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function.

[(4)] (5)(5)(a) (a) ["Audiology" means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading.] "Audiology" means the prevention, diagnosis, and treatment of a disorder related to hearing or vestibular function.

(b) "Audiology" includes{:}includes administering and interpreting electrophysiologic measurements of neural function.

[(5)] (6) [["Audiology {(i)}aide"] {hearing"Audiology instrumentassistant" evaluation;}means {assistivean listeningindividual devicewho: evaluation;} {(iii)} {providing a prescription;

and}(a) {(iv)}meets {auditorythe trainingminimum andqualifications lip[established reading.}by {[(5)]the (6)}board [}for "Audiologyaudiology aide"]aides. "Audiology assistant" means an individual who:

- 18 - HB0374 compared with HB0374S02 (a) meets the minimum qualifications [established by the board for audiology aides.

and (c) works under the personal direction and direct supervision of a licensed audiologist who accepts responsibility for the acts and performance of that audiology [aide] assistant- under17 this- chapter.H.B.

374 Enrolled Copy assistant under this chapter.

(8)(8)(a) (a) "Licensed individual" means an individual who is:

(11) "Hearing [aid ] instrument dealer" means [one ] a person who sells, repairs, and adjusts [hearing[ hearing aids] a hearing instrument.

[(11) "Licensed audiologist" means any individual to whom a license has been issued under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked.] [(12) "Licensed speech-language pathologist" means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked.] [(13) "Person" means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter.] - 19 - HB0374 compared with HB0374S02 [(14)] (12)(12)(a) (a) "Invasive procedure" means a procedure that {penetrates, traverses, or contacts internal anatomical structures} the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,presentsAct, presents a high-risk to a patient and impacts the essential functions of communication, {tissues, cavities} breathing, feeding, or {organs beyond the external skin or mucosal surface} swallowing.

(13)(13)(a) (a) "Over-the-counter hearing aid" means an air-conduction hearing aid, as defined in- 2118 C.F.R.- Enrolled Copy H.B.

374 in 21 C.F.R.

and - 20 - HB0374 compared with HB0374S02 (b) determine or designate a remedy for [a person] an individual.

(a) [a person] an individual who practices speech-language pathology or who [holds himself out to] represents to the public as a speech-language pathologist by [any means, or by any] a service or function the [person] individual performs, directly or indirectly, or by using the terms "speech-"speech-language language pathologist," "speech-language therapist," "language disability specialist," or [any] a variation, derivation, synonym, coinage, or [whatever expresses, employs, or implies] expression or implication of these terms, names, or functions;

or (b) [a person] an individual who performs [any of the functions] a function described in Subsection{[Subsection (19) {]}or (19) }or [any related functions] a related function.

(19) "Speech-language pathology" means the application of principles, methods, and procedures for [the examination, measurement, prevention, testing, identification, evaluation,- diagnosis,19 treatment,- instruction,H.B. modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals] the measuring, testing, evaluating, predicting, counseling, treating, instructing, habilitating, or rehabilitating for speech, voice, language, communication, cognitive- communication, or the ability to swallow.

374 Enrolled Copy evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals] the measuring, testing, evaluating, predicting, counseling, treating, instructing, habilitating, or rehabilitating for speech, voice, language, communication, cognitive-communication, or the ability to swallow.

and - 21 - HB0374 compared with HB0374S02 (c) works under the personal direction and direct supervision of a licensed speech-language pathologist who accepts the responsibility for the acts and performances of that speech-language pathology [aide] assistant while working under this chapter.

[(a) failing to maintain a level of professional practice consistent with all initial and subsequent requirements by which a license is achieved or maintained under this chapter;] [(b) utilizing substandard or inappropriate facilities or equipment;] [(c) treating any disorder for which the licensee has not had the necessary training and experience;- 20 - Enrolled Copy H.B.

374 experience;

Section 58-41-10258-41-102, which is renumbered from Section 58-41-13 is renumbered and amended to read:

[58-41-13] 58-41-102.58-41-102 (Effective 05/06/26) (Repealed 07/01/29).

Section 58-41-10358-41-103, which is renumbered from Section 58-41-16 is renumbered and amended to read:

[58-41-16] 58-41-103.58-41-103 (Effective 05/06/26) (Repealed 07/01/29).

- 22 - HB0374 compared with HB0374S02 (2) [A person employed by a person licensed under this chapter] An individual that a licensed individual employs may not be examined without the consent of the employer concerning [any] a fact of which the employee has acquired knowledge in the employee's professional capacity.

Section 58-41-20158-41-201, which is renumbered from Section 58-41-6 is renumbered and amended to read:

Board [58-41-6] 58-41-201.58-41-201 (Effective 05/06/26) (Repealed 07/01/29).

(a)- The21 nonpublic- membersH.B. of the board shall be licensed to provide and shall be engaged in providing speech-language pathology or audiology services to the public as a major interest as follows:

374 Enrolled Copy (a) The nonpublic members of the board shall be licensed to provide and shall be engaged in providing speech-language pathology or audiology services to the public as a major interest as follows:

Section 58-41-30158-41-301, which is renumbered from Section 58-41-5 is renumbered and amended to read:

Licensure [58-41-5] 58-41-301.58-41-301 (Effective 05/06/26) (Repealed 07/01/29).

[(1) To obtain and maintain a license as an audiologist beginning July 1, 2010, an applicant must:] [(a) submit a completed application in the form and content prescribed by the division and pay a fee to the department in accordance with Section 63J-1-504;] - 23 - HB0374 compared with HB0374S02 [(b) provide the committee with verification that the applicant is the legal holder of a clinical doctor's degree or AuD, in audiology, from an accredited university or college, based on a program of studies primarily in the field of audiology;] [(c) be in compliance with the regulations of conduct and codes of ethics for the profession of audiology;] [(d) submit to the board certified evidence of having completed at least one academic year of professional experience, at least 30 hours per week, of direct clinical experience in treatment and management of patients, supervised and attested to by one- holding22 an- audiologistEnrolled licenseCopy underH.B. this chapter, the CCC, or their full equivalent;

374 one holding an audiologist license under this chapter, the CCC, or their full equivalent;

(c)(c)(i) (i) submit evidence of a current and unrestricted ASHA Certificate of Clinical Competence, an ABA Certification, or an equivalent as the division approves by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

or (ii)(ii)(A) (A) submit evidence that the applicant holds a clinical doctorate degree in audiology from an accredited university or college;

and - 24 - HB0374 compared with HB0374S02 (D) pass a nationally standardized examination in audiology that is the same as, or equivalent to, the examination required for the CCC, with pass-fail criteria equivalent to current ASHA standards.

and] [(b) provide the committee with verification that the applicant has received at least a master's degree in the area of audiology from an accredited university or college, based- on23 a- programH.B. of studies primarily in the field of audiology, and holds the CCC or its full equivalent.] (3) (a) An individual who, [prior to July 1, 2010] before May 6, 2026, is licensed as an audiologist under this chapter[ is, on or after July 1, 2010], is considered to hold a current license under this chapter as an audiologist and is subject to this chapter.

(b)374 BeginningEnrolled Copy based on Maya 6,program 2026,of anstudies individualprimarily whoin holdsthe afield credentialof issuedaudiology, byand holds the StateCCC Boardor ofits Educationfull onequivalent.] or(3)(a) afterAn individual who, [prior to July 1, 2020,2010] and before May 6, 2026, andis performslicensed theas functionsan ofaudiologist aunder speech-this languagechapter[ pathologistis, on or audiologist,after shallJuly apply1, to2010], theis divisionconsidered forto licensurehold as a speech-languagecurrent pathologistlicense orunder audiologistthis andchapter renewas thean credentialaudiologist inand accordanceis withsubject Sectionto 58-41-303.this chapter.

(4)(b) (a)Beginning (i)on AnMay audiology6, assistant2026, shallan meetindividual who holds a credential issued by the minimumState qualificationsBoard of Education on or after July 1, 2020, and before May 6, 2026, and performs the functions of a speech-language pathologist or audiologist, shall apply to the division makesfor bylicensure ruleas ina accordancespeech-language withpathologist Titleor 63G,audiologist Chapterand 3,renew Utahthe Administrativecredential Rulemakingin Act.accordance with Section 58-41-303.

(4)(a)(i) An audiology assistant shall meet the minimum qualifications the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

[(4)] (5) To obtain [and maintain ]a license as a speech-language pathologist[,] an applicant [must][ must] shall:

and - 25 - HB0374 compared with HB0374S02 [(b)] (c)(c)(i) (i) submit evidence of a current and unrestricted ASHA Certificate of Clinical Competence or an equivalent as the division approves by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

or (ii)(ii)(A) (A) provide the [committee] division with verification that the applicant has received at least a master's degree in speech-language pathology from an accredited university or college, based on a program of studies primarily in the field of speech-language pathology;

[(c)] (B) [be in compliance ] comply with the regulations of conduct and code of ethics- for24 the- professionEnrolled ofCopy speech-languageH.B. pathology;

374 ethics for the profession of speech-language pathology;

Section 58-41-30258-41-302, which is renumbered from Section 58-41-8 is renumbered and amended to read:

[58-41-8] 58-41-302.58-41-302 (Effective 05/06/26) (Repealed 07/01/29).

- 26 - HB0374 compared with HB0374S02 [Upon the recommendation of the board the division shall issue licenses in accordance with Section 58-1-301.]After58-1-301.] After the division reviews and approves the application, the division shall issue a license in accordance with Section 58-1-301.

Section 58-41-30358-41-303, which is renumbered from Section 58-41-12 is renumbered and amended to read:

[58-41-12] 58-41-303.58-41-303 (Effective 05/06/26) (Repealed 07/01/29).

(1)(1)(a) (a) Each license issued under this chapter shall be issued in accordance with a two-year- renewal25 cycle- establishedH.B. by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

374 Enrolled Copy two-year renewal cycle established by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Section 58-41-30458-41-304, which is renumbered from Section 58-41-5.5 is renumbered and amended to read:

[58-41-5.5] 58-41-304.58-41-304 (Effective 05/06/26) (Repealed 07/01/29).

[(1)[(1)(a) - 27 - HB0374 compared with HB0374S02 (a) The division may issue a temporary license to an applicant for an audiology license who:] [(i) has obtained a master's or doctorate degree in audiology prior to July 1, 2010, or a clinical doctorate degree in audiology or AuD, after June 30, 2010;

and] [(ii) is practicing audiology in a year of clinical fellowship.] [(b) The temporary license is valid for up to 12 months.] [(2)[(2)(a) (a) The division may issue a temporary license to an applicant for a speech-language pathology license who:] [(i)- has26 completed- allEnrolled requirementsCopy forH.B. licensure as a speech-language pathologist under this chapter, except for Subsection 58-41-5(4)(d);

374 [(i) has completed all requirements for licensure as a speech-language pathologist under this chapter, except for Subsection 58-41-5(4)(d);

Section 58-41-30558-41-305, which is renumbered from Section 58-41-4 is renumbered and amended to read:

[58-41-4] 58-41-305.58-41-305 (Effective 05/06/26) (Repealed 07/01/29).

(1) [In addition to the exemptions from licensure in Section 58-1-307, the ] The following [persons[ persons may engage in the practice of ] individuals may engage in the practice of speech-language pathology [and] or the practice of audiology subject to the stated circumstances and limitations without being [licensed under this chapter] a licensed individual:

(a) a qualified [person] individual licensed in this state under [any][any law]law existing in this state [prior to] before May 13, 1975, engaging in the profession for which the [person] individual is licensed;

- 28 - HB0374 compared with HB0374S02 (b) [a medical doctor, physician, physician assistant, or surgeon licensed in this state, engaging in his or her specialty in the practice of medicine] a physician or a physician's assistant;

However, a hearing aid dealer may not conduct audiologic testing on persons younger than 18 years old except under- the27 direct- supervisionH.B. of an audiologist licensed under this chapter;] ;

374 Enrolled Copy under the direct supervision of an audiologist licensed under this chapter;] ;

(f) [a person] an individual identified in Subsections (1)(d) and (e) may offer lectures for [a[ a fee, or monetary or other ]compensation[,] without being [licensed] a licensed individual;

(g) [a person employed by ] an individual an accredited college or university employs as a speech-speech-language language pathologist or audiologist performing [the services or functions described in ] a service or function this chapter describes if the [services or functions are] individual provides the service or function:

and (iv) [provided ]for no [fee, monetary or otherwise,] compensation other than the [person's[ person's agreed ] individual's institutional salary;

- 29 - HB0374 compared with HB0374S02 (h) [a person] an individual pursuing a course of study leading to a degree in speech-language pathology or audiology while enrolled in an accredited college or university, provided:

(i) those activities constitute an assigned, directed, and supervised part of the [person's[ person's curricular ] individual's study, and in no other interest;

(ii)- that28 [all- ]examinations,Enrolled tests,Copy histories,H.B. charts, progress notes, reports, correspondence, documents, and records the [person] individual produces [be identified clearly] are clearly identified as having been conducted and prepared by a student in training;

374 (ii) that [all ]examinations, tests, histories, charts, progress notes, reports, correspondence, documents, and records the [person] individual produces [be identified clearly] are clearly identified as having been conducted and prepared by a student in training;

and - 3029 - HB0374H.B. compared with HB0374S02 (ii) the [person] individual meets the qualifications and examination requirements for application for licensure described in Section [58-41-5] 58-41-301;

374 Enrolled Copy (ii) the [person] individual meets the qualifications and examination requirements for application for licensure described in Section [58-41-5] 58-41-301;

(2)(2)(a)(i) (a) (i) A hearing instrument specialist may not fit or test an individual's hearing aid, or test the individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid.

- 31 - HB0374 compared with HB0374S02 (3) No individual is exempt from this chapter if the individual performs or provides a service as a speech-language pathologist or an audiologist:

(a)- for30 compensation- thatEnrolled theCopy recipientH.B. of the service pays;

or374 (b)(a) for compensation that is outside the scoperecipient of the individual'sservice employmentpays; position as a speech- language pathologist or an audiologist in a branch or subdivision of local, state, or federal government, or as otherwise identified in this section.

or (b) for compensation that is outside the scope of the individual's employment position as a speech-language pathologist or an audiologist in a branch or subdivision of local, state, or federal government, or as otherwise identified in this section.

Section 58-41-30658-41-306, which is renumbered from Section 58-41-17 is renumbered and amended to read:

[58-41-17] 58-41-306.58-41-306 (Effective 05/06/26) (Repealed 07/01/29).

- 32 - HB0374 compared with HB0374S02 [(4)] (3) The written receipt or contract shall notify the consumer of the 30-day right to cancel- in31 at- leastH.B. 12-point font.

374 Enrolled Copy cancel in at least 12-point font.

Section 58-41-30758-41-307, which is renumbered from Section 58-41-14 is renumbered and amended to read:

[58-41-14] 58-41-307.58-41-307 (Effective 05/06/26) (Repealed 07/01/29).

Section 58-41-40158-41-401, which is renumbered from Section 58-41-9 is renumbered and amended to read:

License Denial and Discipline [58-41-9] 58-41-401.58-41-401 (Effective 05/06/26) (Repealed 07/01/29).

[(1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.] - 3332 - HB0374Enrolled comparedCopy withH.B. HB0374S02 [(2)] (1) The division may:

374 [(2)] (1) The division may:

Section 2158-41-501 is enacted to read:

58-41-501.Part 5.

Unlawful and Unprofessional Conduct - Penalties 58-41-501 (Effective 05/06/26).

5.A licensed individual engages in unprofessional conduct if the individual:

Unlawful and Unprofessional Conduct - Penalties A licensed individual engages in unprofessional conduct if the individual:

- 34 - HB0374 compared with HB0374S02 (7) fails to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination- by33 the- divisionH.B. that the patient has not obtained the recovery of hearing the licensed individual represented in writing before sale of the hearing instrument;

374 Enrolled Copy determination by the division that the patient has not obtained the recovery of hearing the licensed individual represented in writing before sale of the hearing instrument;

- 35 - HB0374 compared with HB0374S02 (18) if a hearing instrument does not substantially enhance the patient's hearing consistent with the representations of the licensed individual at the time informed consent was given before the sale and fitting of the hearing instrument, fails to provide:

(a)- necessary34 intervention- toEnrolled produceCopy satisfactoryH.B. hearing recovery results consistent with representations made;

374 (a) necessary intervention to produce satisfactory hearing recovery results consistent with representations made;

Section 58-41-50258-41-502, which is renumbered from Section 58-41-15 is renumbered and amended to read:

[58-41-15] 58-41-502.58-41-502 (Effective 05/06/26) (Repealed 07/01/29).

58-46a-102.58-46a-102 (Effective 05/06/26) (Repealed 07/01/33).

- 36 - HB0374 compared with HB0374S02 [(2) "Hearing instrument" or "hearing aid" means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories.] (2)- (a)35 "Hearing- instrument"H.B. means a wearable device offered to compensate for human hearing loss, including the device's parts, attachments, or accessories.

374 Enrolled Copy (2)(a) "Hearing instrument" means a wearable device offered to compensate for human hearing loss, including the device's parts, attachments, or accessories.

[(4)] (5) "Indirect supervision" means [that] supervision where the supervising hearing instrument specialist or supervising audiologist is not required to be present in the same facility as [is the - 37 - HB0374 compared with HB0374S02 person] the individual being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the [person being ]supervised] supervised individual.

[(5) "Practice of a hearing instrument specialist" means:] [(a) establishing a place of business to practice as a hearing instrument specialist;] [(b)- testing36 the- hearingEnrolled ofCopy aH.B. human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;] [(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;] [(d) prescribing an appropriate hearing instrument;] [(e) making impressions or earmolds for the fitting of a hearing instrument;] [(f) sale and professional placement of the hearing instrument on a patient;] [(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;] [(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument;

or]374 [(i)[(b) instructingtesting the hearing of a human patient onover the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and careselling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;] [(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument.]instrument (6)for (a)the "Licensedpatient's individual"condition;] means[(d) prescribing an individualappropriate whohearing is:instrument;] [(e) making impressions or earmolds for the fitting of a hearing instrument;] [(f) sale and professional placement of the hearing instrument on a patient;] [(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;] [(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument;

or] [(i) instructing the patient on the use and care of the hearing instrument.] (6)(a) "Licensed individual" means an individual who is:

- 38 - HB0374 compared with HB0374S02 [(6)] (8) "Supervising hearing instrument specialist" means a hearing instrument specialist who:

(b)- practices37 full-time- asH.B. a hearing instrument specialist and has done so for at least two years;

374 Enrolled Copy (b) practices full-time as a hearing instrument specialist and has done so for at least two years;

58-46a-302.58-46a-302 (Effective 05/06/26) (Repealed 07/01/33).

- 39 - HB0374 compared with HB0374S02 (b) [pay a fee as determined by the division pursuant to Section 63J-1-504;] pay a fee to the division as determined under Section 63J-1-504;

and (d) present evidence acceptable to the division that the applicant, when licensed, will practice- as38 a- hearingEnrolled instrumentCopy intern[H.B. only] under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with[:] Section 58-46a-302.5.

374 practice as a hearing instrument intern[ only] under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with[:] Section 58-46a-302.5.

58-46a-302.5.58-46a-302.5 (Effective 05/06/26) (Repealed 07/01/33).

58-46a-303.58-46a-303 (Effective 05/06/26) (Repealed 07/01/33).

(1)(1)(a)(i) (a) (i) [The division shall issue a license for a hearing instrument specialist in accordance with a two-two-year year renewal cycle established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act] Each license issued under this chapter shall be issued in - 40 - HB0374 compared with HB0374S02 accordance with a two-year renewal cycle established by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

[(ii)- The39 division- mayH.B. by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, extend or shorten a renewal period by as much as one year to stagger the renewal cycles the division administers.] [(b) At the time of renewal, the licensed hearing instrument specialist shall demonstrate satisfactory evidence of each of the following:] [(i) current certification by the National Board for Certification Hearing Instrument Sciences, or other acceptable certification approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;] [(ii) calibration of all appropriate technical instruments used in practice;

374 Enrolled Copy [(ii) The division may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, extend or shorten a renewal period by as much as one year to stagger the renewal cycles the division administers.] [(b) At the time of renewal, the licensed hearing instrument specialist shall demonstrate satisfactory evidence of each of the following:] [(i) current certification by the National Board for Certification Hearing Instrument Sciences, or other acceptable certification approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;] [(ii) calibration of all appropriate technical instruments used in practice;

(2)(2)(a) (a) The division shall issue a license for a hearing instrument intern for a term of three years.

58-46a-305.58-46a-305 (Effective 05/06/26) (Repealed 07/01/33).

In addition to the exemptions [from licensure ]in Section 58-1-307, the following [ persons] individuals may engage in [acts and practices] an act or practice included within the - 41 - HB0374 compared with HB0374S02 definition of [practice as a ]hearing instrument specialist or hearing instrument intern[, subject to their professional licensure authorization and restrictions,] without being licensed under this chapter:

(2) a physician and surgeon licensed under the provisions of Chapter 67, Utah Medical Practice- Act,40 or- osteopathicEnrolled physicianCopy licensedH.B. under the provisions of Chapter 68, Utah Osteopathic Medical Practice Act;

374 Practice Act, or osteopathic physician licensed under the provisions of Chapter 68, Utah Osteopathic Medical Practice Act;

58-46a-401.58-46a-401 (Effective 05/06/26) (Repealed 07/01/33).

58-46a-501.58-46a-501 (Effective 05/06/26) (Repealed 07/01/33).

(2) failing to make an appropriate referral to a qualified health care provider with respect to a condition [detected] a licensed individual detects in a patient [examined by a licensee under this chapter ]if - 42 - HB0374 compared with HB0374S02 the condition is generally recognized in the profession as one [that should be referred] the licensed individual should refer;

(5)- failing41 to- exerciseH.B. caution in providing a patient a prognosis to assure the patient is not led to expect results that cannot be accurately predicted;

374 Enrolled Copy (5) failing to exercise caution in providing a patient a prognosis to assure the patient is not led to expect results that cannot be accurately predicted;

(8) failing to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination by the division that the patient has not obtained the recovery of hearing [represented[ represented by the licensee] the licensed individual represented in writing [prior to designation and ] before the sale of the hearing instrument;

- 43 - HB0374 compared with HB0374S02 (13) failing to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement;

(17) fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual- is42 less- thanEnrolled 18Copy yearsH.B. old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid;

374 individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid;

58-46a-502.58-46a-502 (Effective 05/06/26) (Repealed 07/01/33).

and - 44 - HB0374 compared with HB0374S02 (c) the identity and license number of each hearing instrument specialist or hearing instrument intern who provided services or products to the patient;

and (c)- obtain43 written- informedH.B. consent from the patient regarding offered services, products, and the expected results of the services and products in a form [approved by the division] the division approves;

374 Enrolled Copy (c) obtain written informed consent from the patient regarding offered services, products, and the expected results of the services and products in a form [approved by the division] the division approves;

58-46a-503.58-46a-503 (Effective 05/06/26) (Repealed 07/01/33).

(1)(1)(a) - 45 - HB0374 compared with HB0374S02 (a) [Any person licensed under this chapter who sells a hearing aid] A person that sells a hearing instrument to a consumer shall provide a written receipt or a written contract to the consumer.

(c) [obtain ] A person that sells a hearing instrument shall provide a refund to the consumer if the consumer returns the [hearing aid] hearing instrument to the [seller] person in the same condition as when purchased, excluding ordinary wear and tear [excluded,[ excluded, as when purchased] within the 30-day right to cancel described in Subsection (1)(b).

(d)- The44 written- receiptEnrolled orCopy theH.B. written contract shall notify the consumer of the 30-day right to cancel in at least [10] 12 point [type] font.

374 (d) The written receipt or the written contract shall notify the consumer of the 30-day right to cancel in at least [10] 12 point [type] font.

(2)(2)(a) (a) Upon exercise of the right to cancel a [hearing aid] hearing instrument purchase, the [seller of the hearing aid is entitled to a] hearing instrument specialist may collect from the purchaser a cancellation fee [not to exceed] of up to 15% of all fees charged to the consumer, including testing, fitting, counseling, and the purchase price of the [hearing[ hearing aid] hearing instrument.

63I-2-253.63I-2-253 (Effective 05/06/26).

- 46 - HB0374 compared with HB0374S02 (3) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is repealed December 31, 2025.

(6) Subsection 53-29-302(2)(b)(ii), regarding the requirement for the Department of Corrections- to45 submit- theH.B. results of risk assessments for sex offenders to the State Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.

374 Enrolled Copy Corrections to submit the results of risk assessments for sex offenders to the State Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.

- 47 - HB0374 compared with HB0374S02 [(13)] (19) Section 53G-11-506, Establishment of educator evaluation program -- Joint committee, is repealed July 1, 2029.

[(17)] (23) Section 53G-11-510, State board to describe a framework for the evaluation of educators,- is46 repealed- JulyEnrolled 1,Copy 2029.H.B.

374 educators, is repealed July 1, 2029.

63I-2-258.63I-2-258 (Effective 05/06/26).

[Reserved.] (1) Section 58-41-201, regarding the board, is repealed July 1, {2027} 2028.

76-3-203.2.76-3-203.2 (Effective 05/06/26).

(1)(1)(a) (a) As used in this section "on or about school premises" means:

(i)(i)(A) (A) in a public or private elementary or secondary school;

(ii)(ii)(A) (A) in a public or private institution of higher education;

- 48 - HB0374 compared with HB0374S02 (iii) within 1,000 feet of any school, institution, or grounds included in Subsections (1)(a)(i) and (ii);

(iii) "Within the course of employment" means that an educator is providing services or- engaging47 in- conductH.B. required by the educator's employer to perform the duties of employment.

374 Enrolled Copy or engaging in conduct required by the educator's employer to perform the duties of employment.

(3)(3)(a) (a) A person who commits an offense against an educator when the educator is acting within the course of employment is subject to an enhanced degree of offense as provided in Subsection (4).

- 49 - HB0374 compared with HB0374S02 (5) The enhanced penalty for a first degree felony offense of a convicted person:

(8)- The48 sentencing- enhancementEnrolled describedCopy inH.B. this section does not apply if:

374 (8) The sentencing enhancement described in this section does not apply if:

This Bill Repeals:

Effective date.

- 50 - HB0374 compared with HB0374S02 This bill takes effect on May 6, 2026.

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