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2010 LEGISLATIVE HIGHLIGHTS

DOPL AND RELATED BILLS THAT PASSED

Last Updated April 15, 2010

HOUSE BILLS THAT PASSED

 H.B. 11 Licensing of Elevator Contractors and Elevator Mechanics (Rep Wiley)

This bill provides for the licensing of elevator contractors and elevator mechanics in Chapter 55 of Title 58, Utah Construction Trades Licensing Act. This bill:

  • provides for the licensing of elevator contractors and elevator mechanics by the Division of Occupational and Professional Licensing;
  • provides qualifications for licensure of an elevator contractor and elevator mechanic;
  • provides for an emergency temporary elevator mechanic license;
  • provides for exemptions; and
  • provides for a continuing education requirement.

H.B. 13 1 Sub Drug Law Definitions – Amendments (Rep Beck)

This bill modifies health care chapters in Title 58, Occupations and Professions, to provide consistency in specified definitions used in these chapters. This bill:

  • amends the Utah Controlled Substances Act, the Utah Medical Practice Act, the Pharmacy Practice Act, the Utah Osteopathic Medical Practice Act, and the     Naturopathic Physician Practice Act to provide consistency in the use of definitions, including those for "prescribe," "prescription device," and "drug."

H.B. 28 Controlled Substance Database Amendments (Rep Daw)

This bill recodifies and amends provisions relating to the Controlled Substance Database and requires and individual, other than a veterinarian, who is licensed to prescribe a controlled substance, who is applying for a license, or who is renewing a license, to register to use the database and to take a tutorial and pass a test relating to the database and the prescribing of a controlled substance. This bill

  • defines terms;
  • recodifies provisions relating to the Controlled Substance Database into a new chapter known as the Controlled Substance Database Act;
  • modifies provisions relating to accessing database information for certain legal proceedings;
  • requires and individual, other than a veterinarian, who is licensed to prescribe a controlled substance, who is applying for a license, or who is renewing a license to:
    • register to use the database; and
    • take a tutorial and pass a test relating to the database and the prescribing of controlled substances;
  • requires the division to impose an annual database registration fee on and individual who registers to use the database, to pay the startup and ongoing costs of the division for complying with the requirements of the preceding paragraph;
  • describes the penalties that may be imposed by the Division of Occupational and Professional Licensing (DOPL) on an individual who fails to comply with the requirements described in the preceding paragraph;
  • requires DOPL to develop an online tutorial and test relating to the use of the database and the prescribing of a controlled substance;
  • requires DOPL to impose a fee on an individual who takes the test described in this bill to pay the costs incurred by DOPL to fulfill the requirements described in this bill;
  • grants rulemaking authority to DOPL; and
  • makes technical changes.

H.B. 30 Drug Law Amendments (Rep Beck)

This bill modifies Title 58, Chapter 37, Utah Controlled Substances Act, regarding Schedule IV substances. This bill:

  • adds carisoprodol, which has the brand name of Soma, as a Schedule IV drug.

H.B. 35 2 Sub Controlled Substance Database – Reporting of Prescribed Controlled Substance Overdose or Poisoning (Rep Daw)

This bill amends the Utah Health Code, the Utah Controlled Substance Act, and related provisions to provide for notification to a practitioner when a person who is 12 years of age or older is admitted to a hospital for poisoning by, or overdose of, a prescribed controlled substance that the practitioner may have prescribed to the person. This bill:

  • requires that, when a person who is 12 years of age or older is admitted to a general acute hospital for poisoning by, or overdose of, a prescribed controlled substance, the general acute hospital must report he poisoning or overdose, or other information, to the Division of Occupational or Professional Licensing (DOPL);
  • requires that, when DOPL receives a report described in the preceding paragraph, DOPL must notify each practitioner that may have written a prescription for the controlled substance of the poisoning or overdose and certain information relating to the poisoning or overdose;
  • requires the division to increase the licensing fee for manufacturing, producing, distributing, dispensing, administering, or conducting research, to pay the startup costs of the division for complying with the requirements of the preceding paragraph; and
  • makes technical changes.

H.B. 36 2 Sub Controlled Substance Database – Reporting Convictions for Driving Under the Influence or Impaired Driving (Rep Daw)

This bill amends provisions of the Traffic Code and the Utah Controlled Substance Act to provide for notification to a practitioner when a person is convicted of a crime for driving under the influence of, or impaired driving under the influence of, a controlled substance that the practitioner may have prescribed to that person. This bill:

  • requires a court to report certain information to the Division of Occupational and Professional Licensing (DOPL) when a person is convicted of driving under the influence or of impaired driving, if there is evidence that the person’s driving was under the influence of, or impaired by, a prescribed controlled substance;
  • requires that, when DOPL receives a report described in the preceding paragraph, DOPL must notify each practitioner that may have written a prescription for the controlled substance of the conviction and certain information relating to the conviction;
  • requires DOPL to increase the licensing fee for manufacturing, producing, distributing, dispensing, administering, or conducting research, to pay the startup costs of DOPL for complying with the requirements of the preceding paragraph; and
  • makes technical changes.

H.B. 38 Scheduling of Controlled Substances (Rep Ray)

This bill modifies provisions regarding controlled substances by creating a committee to advise the Legislature on the scheduling of substances. This bill:

  • creates the Controlled Substances Advisory Committee;
  • establishes the membership of the committee;
  • creates the role of the committee as an advisory body regarding placing substances in the statutory schedule of controlled substances, changing the schedule of a substance, or removing a substance from the schedules; and
  • provides guidelines for determining if a substance should be scheduled and in which schedule to place a substance.

H.B. 45 State Construction Code Adoption (Rep Morley)

This bill adopts the State Construction Code in accordance with the Utah Uniform Building Standards Act. This bill:

  • includes general provisions; and
  • adopts the state construction code.

H.B. 73 Utah Construction Trades Continuing Education Amendments (Rep Morley)

This bill modifies provisions of the Utah Construction Trades Licensing Act related to continuing education: This bill:

  • defines “approved continuing education;”
  • requires a contractor licensee to complete six hours of approved continuing education during a two-year licensing cycle;
  • requires the commission, with the concurrence of the division, to establish a program of approved continuing education for contractor licenses;
  • authorizes the Division of Occupation and Professional Licensing to charge a reasonable fee to administer the continuing education program; and
  • modifies a provision relating to what constitutes unlawful conduct under the Utah Construction Trades Licensing Act.

H.B. 89 License for Controlled Substances Amendments (Rep Morley)

This bill modifies the Controlled Substance Precursor Act to provide one controlled substance precursor license for persons involved in regulated transactions. This bill:

  • provides for the Division of Occupational and Professional Licensing to issue a controlled substance precursor license, which combines the current controlled substance precursor purchaser and controlled substance distributor licenses.

H.B. 176 Continuing Education Requirements for Electricians and Plumbers (Rep Harper)

This bill modifies the Utah Construction Trades Licensing Act. This bill:

  • establishes continuing education requirements for electricians and plumbers; and
  • requires the Division of Occupational and Professional Licensing to establish a     continuing education program and provides for its administration.

H.B. 178 1 Sub Bureau of Criminal Identification Fee Amendments (Rep Hutchings)

This bill modifies fees charged for services provided by the Bureau of Criminal Identification. This bill:

  • adds an application fee for a certificate of eligibility for expungement of $25; and
  • changes the Bureau of Criminal Identification fees for:
    • fingerprint cards from $15 to $20;
    • name check from $10 to $15;
    • issuance of a certificate of eligibility for expungement from $25 to $56 unless exempted in Subsection 77-18-10(6); and
    • right of access service and an individual's criminal history report from $10 to $15.

H.B. 183 Construction and Fire Code Related Amendments (Rep Morley)

This bill modifies the Utah Fire Prevention and Safety Act and Utah Uniform Building Standards Act to address the process for adopting and modifying a state construction code or state fire code. This bill:

  • clarifies the enforcement of the state fire code;
  • addresses the adoption and amendment process for a state fire code;
  • addresses local authority to adopt fire code standards;
  • provides for the creation of a joint peer advisory committee;
  • addresses the adoption and amendment process for a state construction code;
  • provides for funding of education related to codes being considered; and
  • makes technical and conforming changes.

H.B. 186 1 Sub Controlled Substance Database Revisions (Rep Menlove)

This bill amends access provisions relating to the controlled substance database. This bill:

  • permits employees of the Department of Health to have access to information in the controlled substance database in relation to a person whom the Department of Health suspects may be improperly obtaining or providing a controlled substance; and
  • makes technical changes.

H.B. 193 Occupations and Professions Amendments (Rep Lockhart)

This bill amends provisions of Title 58, Occupations and Professions. This bill:

  • clarifies provisions related to the Division of Occupational and Professional Licensing access to Bureau of Criminal Identification records;
  • modifies language related to the issuing of reprimands by the division;
  • provides for the resolution of problems with the division through a stipulated agreement;
  • modifies definition provision in the Utah Controlled Substance Act and the Uniform Building Standards Act administered by the division;
  • provides for the reporting of certain information by a trust that has applied to the division for an alarm company contractor license; and
  • makes certain technical changes.

H.B. 208 Disposition of the Remains of a Deceased Military Service Member (Rep Seelig)

This bill amends a provision of the Funeral Services Licensing Act dealing with the      disposition of the remains of deceased persons. This bill:

  • provides that a person designated in a federal Record of Emergency Data, DD Form 93 or subsequent form by a service member while serving in the United States Armed Forces as defined in 10 U.S.C. Sec. 1481 is a first priority person in determining the disposition of the remains of the military service member upon the service member's death; and
  • makes certain technical changes.

H.B. 225 Counterfeit Substances (Rep Ray)

This bill modifies definitions regarding imitation and counterfeit controlled substances. This bill:

  • amends the definition of “counterfeit controlled substance,” including adding a reasonable person standard; and
  • amends the definition of “imitation controlled substance,” including providing that an imitation controlled substance resembles any legally or illegally manufactured controlled substance.

 H.B. 232 Medical Language Interpreter Amendments (Rep Chavez-Houck)

This bill recodifies the Medical Language Interpreter Act and amends the act by providing for expiration and renewal of certification, denial of certification, and for disciplinary actions. This bill:

  • defines terms;
  • recodifies the Medical Language Interpreter Act;
  • provides for a term of certification for, and for expiration and renewal of certification as, a certified medical language interpreter;
  • provides for disciplinary proceedings against, and for denial of certification as, a certified medical language interpreter; and
  • makes technical changes.

H.B. 257 Dietitian Certification Act Amendments (Rep Newbold)

This bill removes the repeal date provision of the Dietician Certification Act. This bill:

  • removes the established sunset date of the Dietician Certification Act.

H.B. 271 Hunting Guides and Outfitters Licensing Act Amendments (Rep Vickers)

This bill amends provisions of the Hunting Guides and Outfitters Licensing Act. This bill:

  • modifies the definitions of hunting guide, outfitter, and public lands within the act and provides a definition for hunting guide services;
  • modifies the unlawful conduct provision of the act; and
  • makes certain technical changes.

H.B. 285 Practice of Veterinary Medicine (Rep Mathis)

This bill amends the Veterinary Practice Act. This bill:

  • amends the definition of "practice of veterinary medicine, surgery, and dentistry"; and
  • makes technical changes.

H.B. 320 2 Sub Utah Construction Trades Licensing Act – Alarm Companies Amendments (Rep Herrod)

This bill modifies a provision of the Utah Construction Trades Licensing Act related to    alarm company employees. This bill:

  • authorizes the issuance of a temporary license to certain alarm company employees;
  • provides that certain behavior is unlawful conduct on the part of an alarm company and agent; and
  • makes technical changes.

H.B. 341 Uniform Athlete Agents Act (Rep Ray)

This bill modifies the Uniform Athlete Agents Act related to the board and licensure. This bill:

  • eliminates the Athlete Agents Licensing Board;
  • eliminates a reference to licensure by the division; and
  • makes technical and conforming amendments.

H.B. 379 Barber, Cosmetologist/barber, Esthetician, Electrologist, and Nail Technician Licensing Act Amendments (Rep Newbold)

This bill amends definition and licensing qualification provisions of the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act. This bill:

  • modifies the definitions of the practice of basic esthetics and practice of cosmetology/barbering;
  • provides for acceptance of graduation from an out-of-state recognized master esthetics school and practicing at least 4,000 hours as a licensed master esthetician as another option for satisfying one of the requirements to become a licensed master esthetician; and
  • provides for the accepted transferability of credit hours towards graduation.

H.B. 396 1 Sub Speech-language Pathology and Audiology Licensing Act Amendments (Rep Ipson)

This bill modifies provisions of Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, related to licensing requirements and temporary licenses. This bill:

  • clarifies and modifies licensing requirements for speech-language pathologists and audiologists;
  • provides for the issuance of temporary licenses to individuals who have completed licensing requirements for an audiologist or speech-language pathologist, except for the clinical fellowship year;
  • provides a grandfathering provision; and
  • makes certain technical changes.

H.B. 431 Identity Verification by Department of Commerce (Rep Morley)

This bill modifies general government provisions to address identity documents and verification by the Department of Commerce. This bill:

  • exempts the Department of Commerce from certain verification requirements when issuing a license if certain conditions are met; and
  • makes technical changes.

SENATE BILLS THAT PASSED

S.B. 14 Building and Construction Projects – Technical Corrections (Sen Madsen)

This bill makes technical corrections to building and construction project provisions dealing with notices of completion and definitions. This bill:

  • Removes duplicative provisions dealing with the filing of a notice of completion of a construction project; and
  • makes a conforming change to correctly reference the Fire Prevention Board in the definitions section of the Uniform Building Standards Act.

S.B. 21 Amendments to Social Worker Licensing (Sen Buttars)

This bill amends the Social worker Licensing Act by providing that an applicant for licensure must satisfactorily complete a program accredited by, or in candidacy for accreditation by, the Council on Social Work Education. This bill:

  • defines the term “program accredited by the Council on Social Work Education” to include a program that was accredited, and a program that was in candidacy for accreditation, on the day on which the applicant for licensure satisfactorily completed the program; and
  • makes technical changes.

S.B. 85 Utah Construction Trade Licensing Act Amendments (Sen Jenkins)

This bill modifies provisions of the Utah Construction Trades Licensing Act relating to plumbers and electricians. This bill:

  • modifies definitions applicable to supervision of apprentice plumbers and electricians so that the Division of Occupational and Professional Licensing specifies what is reasonable direction, oversight, inspection, and evaluation of a person’s work;
  • modifies provisions relating to licensing exemptions for public utilities and persons engaged in minor plumbing work; and
  • makes technical changes.

S.B. 88 5 Sub Pharmacy Practice Act Amendments (Sen Bramble)

This bill amends the Pharmacy Practice Act. This bill:

  • amends provisions related to exemptions from licensure;
  • defines terms;
  • exempts prescribing physicians from licensure under the Pharmacy Practice Act when a physician dispenses a cosmetic drug or injectable weight loss drug to the   physician's patient; and
  • requires certain drug labeling and record keeping standards for the dispensing physician.

S.B. 90 2 Sub Mental Health Professional Practice Act Amendments (Sen Hillyard)

This bill amends provisions of the Mental Health Professional Practice Act. This bill:

  • defines terms;
  • modifies requirements for licensure by endorsement;
  • provides that a license by endorsement that was valid immediately before the passage of the bill continues to be valid;
  • amends the scope of practice provisions for a social service worker;
  • defines the term “program accredited by the Council on Social Work Education” to include a program that was accredited, and a program that was in candidacy for accreditation, on the day on which the applicant for licensure satisfactorily completed the program;
  • modified the membership of the Social Worker Licensing Board;
  • modifies the qualifications for a social service worker license;
  • provides that a social service worker license that was valid immediately before the passage of this bill continues to be valid;
  • establishes a continuing education requirement for a social service worker;
  • modifies qualifications for admission to examination under the Social Worker Licensing Act;
  • changes the classification of “certified marriage and family therapist intern” to “associate marriage and family therapist;
  • modifies license qualification requirements and supervision requirements under the Substance Abuse Practice Act; and
  • makes technical changes.

 S.B. 107 3 Sub Lien Amendments (Sen Bramble)

This bill modifies provisions related to mechanic’s liens. This bill:

  • modifies the time for filing an action to enforce a mechanic's lien if an owner files bankruptcy;
  • changes a notice of intent to file a notice of completion into a notice of intent to   obtain final completion and modifies a provision relating to its filing;
  • bars a person otherwise qualified to file a lien from maintaining a lien on an owner-occupied residence under certain circumstances, including if the general contract is no more than $5,000; and
  • makes technical changes.

S.B. 139 Physician Assistant Amendments (Sen Bramble)

This bill modifies provisions in the Utah Code relating to physician assistants. This bill:

  • changes membership requirements for the Physician Assistant Licensing Board;
  • updates the names of the national accrediting boards;
  • permits a supervising physician to delegate to a licensed physician assistant on a temporary basis, the supervision of physician assistant students;
  • extends a temporary license up to 120 days to physician assistant students to pass the national exam;
  • modifies definitions; and
  • makes technical changes.

S.B. 145 3 Sub Medical Malpractice Amendments (Sen Adams)

 This bill amends the Utah Health Care Malpractice Act. This bill:

  • amends the cap on non-economic damages that may be awarded in a malpractice action;
  • requires an affidavit of merit from a health care professional to proceed with an action if the pre-litigation panel makes a finding of non-meritorious; and
  • limits the liability of a health care provider, in certain circumstances, for the acts or omissions of an ostensible agent.

S.B. 251 1 Sub Verification of Employment Eligibility (Sen Buttars)

This bill modifies provisions related to employment to address verification of employment eligibility. This bill:

  • enacts the Private Employer Verification Act, including:
    • defining terms;
    • addressing private employers' obligations related to verification of federal legal working status and liability protections;
    • providing for voluntary registration with the Department of Commerce by a private employer who participates in employee verification; and
    • requiring the Department of Commerce to publish a list of registered private employers participating in employee verification.

S.B. 274 2 Sub Online Pharmacy Amendments (Sen Bramble)

This bill creates an Online Prescribing, Dispensing, and Facilitation Licensing Act.  This bill:

  • amends unlawful conduct provisions;
  • defines terms;
  • requires licenses with the state to engage in online prescribing, online dispensing, or online facilitation;
  • establishes requirements for the licenses;
  • allows certain online prescribers, online contract pharmacies, and Internet facilitators to continue delivering online pharmaceutical services while their applications for licensure are pending with the division;
  • establishes duties for a licensed online prescriber, online contract pharmacy, and Internet facilitator;
  • limits the type of drugs that can be prescribed online;
  • requires the use of an Internet facilitator and an online contract pharmacy to prescribe online; and
  • provides enforcement mechanisms for the division.

S.J.R. 15 Master Study Resolution (Sen Jenkins)

This joint resolution of the Legislature gives the Legislative Management Committee items of study it may assign to the appropriate interim committee. This resolution:

  • gives the Legislative Management Committee items of study it may assign to the appropriate interim committee during the 2010 legislative interim;
  • directs interim committees assigned these studies to study and make recommendations for legislative action to the 59th Legislature before the 2011 Annual General Session; and
  • suggests that the Legislative Management Committee, in approving studies, give consideration to the available time of legislators and the budget and capacity of staff to respond to the assigned studies.

More specifically, the following study items may be relevant to DOPL:
6. Armed Guard Licensure - to study whether armed guard licensure should be moved from the Division of Occupational and Professional Licensing to the Bureau of Criminal Identification.
9. Construction Licenses - to study potential amendments to construction license laws.
10. Construction Registry and Liens - to study issues related to the Utah Mechanics' Lien law, the lien recovery fund, and the state construction registry.
11. Continuing Education Requirements - to study the number of hours of continuing education needed to retain a trade license.
12. Contractor Database - to study issues related to the independent contractor database.
13. Contractor Licensing - to study issues related to independent contractor licensing.
18. Handyman Code - to study needed revisions to the state's current handyman code.
19. Holding Construction Funds in Trust - to study whether to require contractors and subcontractors to hold construction funds in trust (H.B. 272).
21. Impact of Misclassifying Workers as Independent Contractors - to study themisclassification of workers as independent contractors rather than employees to determine the prevalence of the practice in Utah and the impact on the state of:
a. workers being denied the protections and benefits of employee status, like workers' compensation insurance coverage;
b. employers failing to make Social Security, Medicare, and unemployment insurance payments and ignoring labor standards like paying overtime, minimum wages, or other employee benefits; and
c. law-abiding businesses who properly classify workers as employees yet have higher costs, being subjected to unfair competition from businesses who achieve low costs by intentionally misclassifying their workers.
23. Laser Centers - to study the regulation of laser centers.
24. Laws Governing Building Contractors - to study and address the need for stronger laws governing building contractors, the over-use of B-100 general contractor licenses in lieu of qualified specialty trade licenses, and the increase in companies classifying their workers as "independent contractors" or using other methods to avoid paying fair wages, workers' compensation insurance, and payroll taxes.
26. Mechanical Contractors - to study potential modifications to mechanical contractor licensing laws.
27. Mechanics' Lien Laws - to study mechanics lien laws to determine whether charges are necessary to protect homeowners from liens even though the general contractor is paid in full.
29. Pharmacy Benefit Managers - to study the licensure and regulation of pharmacy benefit managers (H.B. 135).
30. Professional Engineer Continuing Education - to study whether licensed professional engineers are keeping up with continuing education units and practicing with a license.
68. Veterinary Medicine Program - to study the establishment of a professional veterinary medicine program at USU.
162. Prescription Abuse - to study issues related to prescription drug and substance abuse.
168. Unlawful Provision of Identifiable Prescription Information - to study whether to make it a class B misdemeanor to provide, sell, exchange, purchase, obtain, or use identifiable prescription information for a commercial purpose, except as may be permitted (H.B. 104).
188. Applying the National Electrical Code - to study whether to require the Public Service Commission, in determining provisions for electrical service connections by an electrical corporation, to use the current state adopted National Electrical Code provision, and whether to allow alternative provisions if the commission determines they are just and reasonable (H.B. 411).
249. Public Meeting Agendas - to study whether to require a "tentative agenda" at least 72 hours prior to a public meeting, and leaving in place the current 24-hour notice requirement for a final agenda.

 


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