Utah Code 58-1-302. License by endorsement
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(1) As used in this section:
Terms Used In Utah Code 58-1-302
- Department: means the Department of Commerce. See Utah Code 58-1-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “License” means an authorization that permits the holder to engage in the practice of a profession regulated under this title.(1)(b) “Limited supervised training permit” means a temporary authorization to work in a limited professional capacity that would otherwise require licensure under this title.
(2) Subject to Subsections (4) through (7), the division shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if:
(2)(a) the division determines that the license issued in the other state, district, or territory encompasses a similar scope of practice as the license sought in this state;
(2)(b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and
(2)(c) the applicant’s license is in good standing in the other state, district, or territory where the license was issued.
(3) Subject to the other provisions of this section, the division may issue a license to an applicant who:
(3)(a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(3)(a)(i)
(3)(a)(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; and
(3)(a)(i)(B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or
(3)(a)(ii) the division 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 current requirements for the license sought in this state; or
(3)(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:
(3)(b)(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
(3)(b)(ii) the division determines that the education, credentialing examination, and experience was substantially similar to the current education, credentialing examination, and experience requirements for the license sought in this state.
(4) The division may refuse to issue a license to an applicant under this section if:
(4)(a) the division determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or
(4)(b) the applicant has a previous or pending disciplinary action related to the applicant’s license.
(5) Before the division issues a license to an applicant under this section, the applicant shall:
(5)(a) pay a fee determined by the department under Section 63J-1-504 ; and
(5)(b) produce satisfactory evidence of the applicant’s identity, qualifications, and good standing in the profession for which licensure is sought in this state.
(6)
(6)(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:
(6)(a)(i) the applicant is eligible for a license under this title because the applicant’s education, credentialing examination, or experience obtained in the other jurisdiction is substantially similar to the education, credentialing examination, or experience requirements for the license; or
(6)(a)(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 the education or experience requirements for a license under this title, if the applicant obtains additional education or experience.
(6)(b) After the division chooses to evaluate an applicant under Subsection (6)(a), the division may issue a limited supervised training permit to the applicant if:
(6)(b)(i) the applicant has an employment offer from an employer in the state;
(6)(b)(ii) the employer attests to the division that the applicant will work under the direct supervision of an individual who:
(6)(b)(ii)(A) holds a license in good standing of the same classification as the limited supervised training permit; and
(6)(b)(ii)(B) has held the license for a minimum period of time defined by the division;
(6)(b)(iii)
(6)(b)(iii)(A) the division needs additional time to make a determination under Subsection (6)(a)(i); or
(6)(b)(iii)(B) the division determines under Subsection (6)(a)(ii) that additional education or experience would make the applicant’s education or experience substantially similar to the education or experience requirements for a license under this title, the applicant wishes to pursue the education or experience, and the division establishes a deadline for the applicant to complete the additional education or experience;
(6)(b)(iv) the applicant pays a fee determined by the department under Section 63J-1-504 ;
(6)(b)(v) the applicant meets the minimum professional standards to work in a supervised environment that the division, in consultation with the applicable board, establishes for the applicable profession;
(6)(b)(vi) the applicant submits to a background check, if required for the license for which the applicant applied; and
(6)(b)(vii) the applicant meets with the applicable board, if requested, to evaluate the applicant’s qualifications.
(6)(c)
(6)(c)(i) A limited supervised training permit issued under this Subsection (6) expires:
(6)(c)(i)(A) on the deadline that the division establishes for the applicant to complete the additional education or experience described in Subsection (6)(b)(iii)(B); or
(6)(c)(i)(B) upon the division’s grant or denial of the applicant’s application for licensure by endorsement.
(6)(c)(ii) The division may not renew or otherwise extend a limited supervised training permit unless:
(6)(c)(ii)(A) a circumstance or hardship arose beyond the limited supervised training permit holder’s control that prevented the limited supervised training permit holder from completing the licensure process;
(6)(c)(ii)(B) the limited supervised training permit holder presents satisfactory evidence to the division that the limited supervised training permit holder is making reasonable progress toward obtaining licensure in the state;
(6)(c)(ii)(C) the division grants the renewal or extension for a period proportionate to the circumstance or hardship; and
(6)(c)(ii)(D) the limited supervised training permit holder’s employer consents in writing to the renewal or extension.
(7) The division, in consultation with the applicable licensing board, may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
(8)
(8)(a) The provisions of this section control over any conflicting licensure by endorsement provision in another chapter of this title.
(8)(b) The division, in consultation with the applicable licensing board and professional educators that help establish and monitor educational requirements for the profession of the applicant under review, shall ensure that the provisions of this section apply uniformly to the administration and enforcement of licensure by endorsement for each license type under this title.
(9) The division shall compile and post on the division’s website an annual report that includes:
(9)(a) the number of licenses and limited supervised training permits issued under this section during the preceding year;
(9)(b) each determination in which the division deems specified education, credentialing examination, experience, or skills substantially similar to the education, credentialing examination, experience, or skills required for a license sought under this section; and
(9)(c) documentation of each instance in which the applicable board disagreed with the division’s determination that an applicant’s education, credentialing examination, 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.