40-2-403. Certificate by endorsement.

469 words·~2 min read·/ut/title-40/chapter-2/40-2-403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)As used in this section, "license" means an authorization that permits the holder to engage in the practice of an occupation described in Section 40-2-402 .

(2)Subject to Subsections

(4)through

(6), the commission shall issue a certificate described in Section 40-2-401 to an applicant who has been licensed in another state, district, or territory of the United States if:

(a)the commission determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate;

(b)the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and

(c)the applicant's license is in good standing in the other state, district, or territory.

(3)Subject to Subsections

(4)through

(6), the commission may issue a certificate described in Section 40-2-401 to an applicant who:

(a)has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:

(A)the commission determines that the applicant's education, experience, and skills demonstrate competency in the occupation for which certification is sought; and

(B)the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or

(ii)the commission determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or

(b)has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:

(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; and

(ii)the commission determines that the education or experience was substantially similar to the education or experience requirements for the certificate.

(4)The commission may refuse to issue a certificate to an applicant under this section if:

(a)the commission determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or

(b)the applicant has a previous or pending disciplinary action related to the applicant's other license.

(5)Before the commission issues a certificate to an applicant under this section, the applicant shall:

(a)pay a fee determined by the commission under Section 63J-1-504 ; and

(b)produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the occupation for which certification is sought.

(6)The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , prescribing the administration and requirements of this section.

Enacted by Chapter 222 , 2023 General Session