reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 204 - Independent counseling.

Effective 5/3/2023
57-28-204.
Independent counseling.
(1) As used in this section:
(a) "Federally insured loan borrower" means a borrower described in Subsection 57-28-202(1)(a).
(b) "Non-federally insured loan borrower" means a borrower described in Subsection 57-28-202(1)(b).
(2) A prospective borrower shall meet with an independent housing counselor:
(a) for a federally-insured loan borrower, before the Federal Housing Administration assigns a case number to the borrower's loan; and
(b) for a non-federally insured loan borrower, before the prospective borrower signs a reverse mortgage application.
(3) During the meeting described in Subsection (2):
(a) the prospective borrower and the independent housing counselor shall discuss the financial impacts of a reverse mortgage, including:
(i) options other than a reverse mortgage that are or may become available to the prospective borrower;
(ii) other home equity conversion options that are or may become available to the prospective borrower, including sale-leaseback financing, a deferred payment loan, and a property tax deferral; and
(iii) the financial implications, specific to the prospective borrower, of entering into a reverse mortgage; and
(b) the independent housing counselor shall give the prospective borrower a written disclosure that states that a reverse mortgage may:
(i) have tax consequences;
(ii) affect the prospective borrower's eligibility for assistance under certain state and federal programs; and
(iii) impact the prospective borrower's estate and heirs.
Amended by Chapter 385, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 205 - Costs and repayment.

Effective 5/12/2015
57-28-205.
Costs and repayment.
A lender may collect the following charges and fees in connection with the origination of a reverse mortgage:
(1) the actual expenses that the lender incurs in originating and closing the reverse mortgage, including a mortgage broker's fee if the mortgage broker and the lender do not share any pecuniary interests; and
(2) the actual amount that the lender paid for:
(a) a recording fee;
(b) a credit report;
(c) a survey, if required by the lender or the borrower;
(d) a title examination;
(e) the lender's title insurance; and
(f) an initial appraisal of the real property that secures the reverse mortgage.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 206 - Disbursement.

Effective 5/12/2015
57-28-206.
Disbursement.
(1) Subject to Subsection (2) and except as provided in Subsection (3), a lender shall pay the loan proceeds of a reverse mortgage under a term payment option, a tenure payment option, or a line of credit payment option.
(2) Under a term payment option or a tenure payment option, upon a borrower's request, the lender shall disburse a portion of the loan proceeds under a line of credit payment option.
(3) If a reverse mortgage is a fixed interest rate loan, the lender may pay the loan proceeds in a lump sum.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 207 - Cooling off period -- Closing.

Effective 5/3/2023
57-28-207.
Cooling off period -- Closing.
(1) After a prospective borrower accepts, in writing, a lender's written commitment to make a reverse mortgage, the lender may not bind the prospective borrower to the reverse mortgage earlier than five days after the day on which the prospective borrower gives the written acceptance to the lender.
(2) During the five-day period described in Subsection (1), the lender may not require the prospective borrower to close or otherwise proceed with the reverse mortgage.
(3) A prospective borrower may not waive the provisions of this section.
Amended by Chapter 385, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 208 - Federally insured reverse mortgages.

Effective 5/12/2015
57-28-208.
Federally insured reverse mortgages.
When a lender makes a reverse mortgage that is federally insured by the United States Department of Housing and Urban Development, the lender satisfies the requirements described in Sections 57-28-202 through 57-28-206 if the lender complies with the federal requirements described in 12 U.S.C. Sec. 1715z-20 and 24 C.F.R. Part 206.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 3 - Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default › Section 301 - Title.

Effective 5/12/2015
57-28-301.
Title.
This part is known as "Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default."
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 3 - Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default › Section 302 - Treatment of loan proceeds -- Effect on assistance eligibility.

Effective 5/12/2015
57-28-302.
Treatment of loan proceeds -- Effect on assistance eligibility.
For purposes of determining a borrower's eligibility and benefits for a means-tested program of aid to individuals:
(1) a reverse mortgage loan payment made to a borrower shall be treated as proceeds from a loan and not as income; and
(2) undisbursed funds under a reverse mortgage shall be treated as equity in the borrower's home and not as proceeds from a loan.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 3 - Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default › Section 303 - Priority.

Effective 5/12/2015
57-28-303.
Priority.
(1) All amounts secured by a reverse mortgage have the same lien priority as the first disbursement under the reverse mortgage.
(2) For purposes of Subsection (1), the amount secured by the reverse mortgage includes any payment to the borrower from the loan proceeds, regardless of the purpose of the payment.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 3 - Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default › Section 304 - Foreclosure.

Effective 5/3/2023
57-28-304.
Foreclosure.
(1) Except as provided in Subsection (2), before a person initiates foreclosure proceedings on a reverse mortgage, the person shall:
(a) send the borrower, by certified mail, return receipt requested, written notice that states the grounds for default and foreclosure; and
(b) provide the borrower at least 30 days after the day on which the person sends the notice described in Subsection (1)(a) to cure the borrower's default.
(2) This section does not apply if the borrower is deceased.
Amended by Chapter 385, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 3 - Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default › Section 305 - Lender default.

Effective 5/12/2015
57-28-305.
Lender default.
(1) A lender who fails to make a loan advance on a non-federally insured reverse mortgage in accordance with the reverse mortgage agreement shall forfeit any right to repayment of the outstanding loan balance.
(2) After a lender forfeits the lender's right to repayment under Subsection (1), the reverse mortgage loan agreement is void.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/10/2016
57-29-101.
Title.
(1) This chapter is known as the "Undivided Fractionalized Long-Term Estate Sales Practices Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
57-29-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Real Estate Commission created in Section 61-2f-103.
(2) "Director" means the director of the Division of Real Estate.
(3) "Division" means the Division of Real Estate created in Section 61-2-201.
(4) "Management agreement" means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property.
(5) "Master lease" means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons.
(6) "Master lease tenant" means the lessee in a master lease.
(7) "Sponsor" means a person who is the original seller of an undivided fractionalized long-term estate.
(8)
(a) "Undivided fractionalized long-term estate" means an ownership interest in real property by two or more persons that is:
(i) a tenancy in common; or
(ii) a fee estate.
(b) "Undivided fractionalized long-term estate" does not include a joint tenancy.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 1 - General Provisions › Section 103 - Applicability.

Effective 5/10/2016
57-29-103.
Applicability.
This chapter does not apply to property that is subject to Title 57, Chapter 19, Timeshare and Camp Resort Act.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 2 - License and Disclosure Requirements › Section 201 - Title.

Effective 5/10/2016
57-29-201.
Title.
This part is known as "License and Disclosure Requirements."
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 2 - License and Disclosure Requirements › Section 202 - License required.

Effective 5/10/2016
57-29-202.
License required.
Except as provided by Section 61-2f-202, a person may not offer, sell, or otherwise dispose of an undivided fractionalized long-term estate unless the person is licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, as a principal broker, associate broker, or sales agent.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 2 - License and Disclosure Requirements › Section 203 - Required disclosures.

Effective 5/10/2016
57-29-203.
Required disclosures.
(1) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide each prospective purchaser a written disclosure, related to the real property in which the undivided fractionalized long-term estate is offered, that:
(a) if applicable:
(i) includes a copy of any master lease agreement; and
(ii) states whether the sponsor is the master lease tenant or an affiliate of the master lease tenant;
(b) includes any material information that relates to a current lease or sublease that affects the real property in which the undivided fractionalized long-term estate is offered;
(c) includes a copy of:
(i) a tenants in common agreement; or
(ii) an agreement that forms the substance of the undivided fractionalized long-term estate and includes a definition of the undivided fractionalized interest;
(d) describes any improvements to the real property in which the undivided fractionalized long-term estate is offered;
(e) includes a copy of any management agreement;
(f) describes the relationship, if any, between each property manager and the sponsor; and
(g) includes any additional information that an ordinarily prudent purchaser would consider material to deciding whether to purchase the undivided fractionalized long-term estate, as determined by the commission, with concurrence by the division, by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide the written disclosure described in Subsection (1) to the prospective purchaser before the prospective purchaser purchases the undivided fractionalized long-term estate.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 302 - Rulemaking.

Effective 5/10/2016
57-29-302.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this chapter, the commission, with concurrence by the division, may make rules governing:
(1) the form of the disclosures required under this chapter; and
(2) enforcement of the provisions of this chapter.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 303 - Investigatory powers and proceedings of division.

Effective 5/10/2016
Superseded 7/1/2024
57-29-303.
Investigatory powers and proceedings of division.
(1) The division may:
(a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
(b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.
(2) For the purpose of an investigation or proceeding under this chapter, the division may:
(a) administer oaths or affirmations; and
(b) upon the division's own initiative or upon the request of any party:
(i) subpoena a witness;
(ii) compel a witness's attendance;
(iii) take evidence; or
(iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
(A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
(B) the identity and location of any person who has knowledge of relevant facts; or
(C) any other information or item that is reasonably calculated to lead to the discovery of material evidence.
(3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may file an action in district court for an order compelling compliance.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 303 - Investigatory powers and proceedings of division.

Effective 7/1/2024
57-29-303.
Investigatory powers and proceedings of division.
(1) The division may:
(a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and
(b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated.
(2) For the purpose of an investigation or proceeding under this chapter, the division may:
(a) administer oaths or affirmations; and
(b) upon the division's own initiative or upon the request of any party:
(i) subpoena a witness;
(ii) compel a witness's attendance;
(iii) take evidence; or
(iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including:
(A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records;
(B) the identity and location of any person who has knowledge of relevant facts; or
(C) any other information or item that is reasonably calculated to lead to the discovery of material evidence.
(3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 304 - Enforcement.

Effective 5/10/2016
Superseded 7/1/2024
57-29-304.
Enforcement.
(1)
(a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director:
(i) shall issue and serve upon the person a cease and desist order; and
(ii) may order the person to take any action necessary to carry out the purposes of this chapter.
(b)
(i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served.
(ii)
(A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request.
(B) The cease and desist order remains in effect pending the hearing.
(iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated.
(c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) After a hearing described in Subsection (1)(b):
(a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or
(b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order.
(3) If a person served with an order under Subsection (1)(a) does not request a hearing and the person fails to comply with the director's order, the director may file suit in district court in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter.
(4) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-29-305.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 304 - Enforcement.

Effective 7/1/2024
57-29-304.
Enforcement.
(1)
(a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director:
(i) shall issue and serve upon the person a cease and desist order; and
(ii) may order the person to take any action necessary to carry out the purposes of this chapter.
(b)
(i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served.
(ii)
(A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request.
(B) The cease and desist order remains in effect pending the hearing.
(iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated.
(c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) After a hearing described in Subsection (1)(b):
(a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or
(b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order.
(3) If a person served with an order under Subsection (1)(a) does not request a hearing and the person fails to comply with the director's order, the director may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter.
(4) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-29-305.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 29 - Undivided Fractionalized Long-term Estate Sales Practices Act › Part 3 - Investigation and Enforcement › Section 305 - Voidable agreements.

Effective 5/10/2016
57-29-305.
Voidable agreements.
(1)
(a) If a sponsor violates a provision of this chapter in entering into an agreement to purchase an undivided fractionalized long-term estate, the purchaser may rescind the agreement.
(b) A purchaser may rescind an agreement under this Subsection (1) at any time before the closing.
(2) A purchaser who rescinds an agreement in accordance with Subsection (1) is entitled to all the consideration that the purchaser gave under the rescinded agreement.
(3) In an action to enforce a purchaser's right of rescission under Subsection (1), the court shall award costs and reasonable attorney fees to the prevailing party.
Enacted by Chapter 381, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 30 - Residential Property Service Agreements › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
57-30-101.
Definitions.
As used in this chapter:
(1) "Common interest community" means the same as that term is defined in Section 57-25-102.
(2) "Home warranty service contract" means the same as that term is defined in Section 31A-6a-101.
(3) "Record" means to submit a document to a county recorder for official placement in a public land record.
(4)
(a) "Residential property service agreement" means, except as provided in Subsection (4)(b), an agreement to provide services in connection with:
(i) the purchase or sale of residential real estate; or
(ii) the maintenance of residential real estate in preparation for purchase or sale.
(b) "Residential property service agreement" does not include:
(i) a home warranty service agreement;
(ii) an insurance contract;
(iii) an agreement for an option to purchase or right of refusal;
(iv) a maintenance or repair agreement between an owner of real property within a common interest community and a homeowners' association or other similar organization; or
(v) an agreement to provide Internet or utility equipment or services.
(5) "Residential real estate" means real property located in the state that is:
(a) used primarily for a personal, family, or household purpose; and
(b) contains fewer than five dwelling units.
Enacted by Chapter 141, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 30 - Residential Property Service Agreements › Part 2 - Residential Property Service Agreements › Section 201 - Prohibited residential property service agreements -- Recording -- Damages -- Actual or constructive notice.

Effective 5/3/2023
57-30-201.
Prohibited residential property service agreements -- Recording -- Damages -- Actual or constructive notice.
(1)
(a) A residential property service agreement entered into after May 3, 2023, may not:
(i) allow the services to be provided under the agreement to begin more than one year after the day on which the residential property service agreement is signed by all parties;
(ii) indicate that the residential property service agreement:
(A) runs with the land;
(B) is binding on a future owner of an interest in the residential real estate that is the subject of the residential property service agreement; or
(C) creates a lien, encumbrance, or other real property security interest; or
(iii) allow for the assignment of the right to provide the services without notice to and agreement by the owner of the residential real estate that is the subject of the residential property service agreement.
(b) A residential property service agreement that violates Subsection (1)(a):
(i) is void; and
(ii) does not provide actual or constructive notice to a bona fide purchaser or creditor.
(2)
(a) A person may not record or cause to be recorded:
(i) a void residential property service agreement; or
(ii) a notice or memorandum concerning a void residential property service agreement.
(b) If a document is recorded in violation of Subsection (2)(a), a party with an interest in the residential real estate that is the subject of the void residential property service agreement may file a petition with a court of competent jurisdiction to recover actual damages from the person who violated Subsection (2)(a).
(c) A document recorded in violation of Subsection (2)(a) may be a violation of Title 38, Chapter 9, Wrongful Lien Act.
Enacted by Chapter 141, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 102 - Definitions.

Effective 5/4/2022
58-1-102.
Definitions.
For purposes of this title:
(1) "Ablative procedure" is as defined in Section 58-67-102.
(2) "Cosmetic medical procedure":
(a) is as defined in Section 58-67-102; and
(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act, does not apply to the scope of practice of an individual licensed under this title if the individual's scope of practice includes the authority to operate or perform surgical procedures.
(3) "Department" means the Department of Commerce.
(4) "Director" means the director of the Division of Professional Licensing.
(5) "Division" means the Division of Professional Licensing created in Section 58-1-103.
(6) "Executive director" means the executive director of the Department of Commerce.
(7) "Licensee" includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title.
(8)
(a)
(i) "Nonablative procedure" means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue.
(ii) Notwithstanding Subsection (8)(a)(i), nonablative procedure includes hair removal.
(b) "Nonablative procedure" does not include:
(i) a superficial procedure;
(ii) the application of permanent make-up; or
(iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are performed by an individual licensed under this title who is acting within their scope of practice.
(9) "Pain clinic" means:
(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
(b) a clinic in which greater than 50% of the clinic's annual patient population receive treatment primarily for non-terminal chronic pain using Schedule II-III controlled substances.
(10) "Superficial procedure" means a procedure that is expected or intended to temporarily alter living skin tissue and may excise or remove stratum corneum but have no appreciable risk of damage to any tissue below the stratum corneum.
(11) "Unlawful conduct" has the meaning given in Subsection 58-1-501(1).
(12) "Unprofessional conduct" has the meaning given in Subsection 58-1-501(2).
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 103 - Division created to administer licensing laws.

Effective 5/4/2022
58-1-103.
Division created to administer licensing laws.
There is created within the Department of Commerce the Division of Professional Licensing. The division shall administer and enforce all licensing laws of Title 58, Occupations and Professions.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 104 - Director of division -- Appointment -- Duties.

58-1-104.
Director of division -- Appointment -- Duties.
(1) The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director with the approval of the governor. The director shall hold office at the pleasure of the governor.
(2) The director shall perform all duties, functions, and responsibilities assigned to the division by law or rule and, where provided, with the collaboration and assistance of the boards established under this title.
Renumbered and Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 105 - Employment of staff.

58-1-105.
Employment of staff.
The director, with the approval of the executive director, may employ necessary staff, including specialists and professionals, to assist him in performing the duties, functions, and responsibilities of the division.
Renumbered and Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 107 - Applicability -- Relationship to specific chapters under title.

58-1-107.
Applicability -- Relationship to specific chapters under title.
The provisions of this chapter uniformly apply to the administration and enforcement of this title. However, unless expressly prohibited in this chapter, any provision of this chapter may be supplemented or altered by specific chapters of this title.
Enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 108 - Adjudicative proceedings.

Effective 5/3/2023
58-1-108.
Adjudicative proceedings.
(1) The division and all boards created under this title, including the members of a board designated under Subsection 58-1-109(3), shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all of their adjudicative proceedings as defined by Subsection 63G-4-103(1).
(2) Before proceeding under Section 63G-4-502, the division shall review the proposed action with a committee of no less than three licensees appointed by the chairman of the licensing board created under this title for the profession of the person against whom the action is proposed.
(3) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, a warning or final disposition letter which does not constitute disciplinary action against the addressee, issued in response to a complaint of unprofessional or unlawful conduct under this title, does not constitute an adjudicative proceeding.
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 1 - Division Administration › Section 112 - Data collection.

Effective 5/3/2023
58-1-112.
Data collection.
(1) As used in this section:
(a) "Council" means the Utah Health Workforce Advisory Council created in Section 26B-1-425.
(b) "Information center" means the Utah Health Workforce Information Center created in Section 26B-4-705.
(2)
(a) In accordance with Subsection 26B-4-705(3)(a), the department shall work with the information center to identify relevant data pertaining to a profession described in Subsection (3).
(b) The data should focus on:
(i) identifying workforce shortages;
(ii) identifying labor market indicators;
(iii) determining the educational background of a licensee; and
(iv) determining whether Utah is retaining a stable health workforce.
(c) After the council approves data to be collected, the department shall request the data from a licensee when a licensee applies for a license or renews the licensee's license.
(d) The department shall send the obtained data to the information center.
(e) A licensee may not be denied a license for failing to provide the data described in Subsection (2)(c) to the department.
(3)
(a) The department shall prioritize data collection for each profession licensed under:
(i)Chapter 31b, Nurse Practice Act;
(ii)Chapter 60, Mental Health Professional Practice Act;
(iii)Chapter 61, Psychologist Licensing Act;
(iv)Chapter 67, Utah Medical Practice Act;
(v)Chapter 68, Utah Osteopathic Medical Practice Act;
(vi)Chapter 69, Dentist and Dental Hygienist Practice Act; or
(vii)Chapter 70a, Utah Physician Assistant Act.
(b) After the department has collected data for each profession described in Subsection (3)(a), the department shall collect data for each profession licensed under:
(i)Chapter 5a, Podiatric Physician Licensing Act;
(ii)Chapter 17b, Pharmacy Practice Act;
(iii)Chapter 24b, Physical Therapy Practice Act;
(iv)Chapter 40, Recreational Therapy Practice Act;
(v)Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(vi)Chapter 42a, Occupational Therapy Practice Act;
(vii)Chapter 44a, Nurse Midwife Practice Act;
(viii)Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act; or
(ix)Chapter 57, Respiratory Care Practices Act.
(c) The department shall collect data in accordance with this section for any health-related occupation or profession that is regulated by the department and is not described in Subsection (3)(a) or (b) if:
(i) funding is available;
(ii) the council has identified a need for the data; and
(iii) data has been collected for each profession described in Subsections (3)(a) and (3)(b).
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 2 - Boards › Section 202 - Boards -- Duties, functions, and responsibilities.

Effective 5/3/2023
58-1-202.
Boards -- Duties, functions, and responsibilities.
(1) Except as provided in Subsection (2), the duties, functions, and responsibilities of each board established under this title include the following:
(a) recommending to the director appropriate rules and statutory changes to improve the health, safety, and financial welfare of the public, including changes to remove regulations that are no longer necessary or effective in protecting the public and enhancing commerce;
(b) recommending to the director policy and budgetary matters;
(c) approving and establishing a passing score for applicant examinations;
(d) screening applicants and recommending licensing, renewal, reinstatement, and relicensure actions to the director in writing;
(e) assisting the director in establishing standards of supervision for students or persons in training to become qualified to obtain a license in the profession the board represents; and
(f) in accordance with Section 58-1-109, acting as presiding officer in conducting hearings associated with adjudicative proceedings and in issuing recommended orders when so designated by the director.
(2) Subsection (1) does not apply to boards created in Title 58, Chapter 55, Utah Construction Trades Licensing Act.
(3)
(a) Each board or commission established under this title may recommend to the appropriate legislative committee whether the board or commission supports a change to a licensing act.
(b) This Subsection (3) does not:
(i) require a board's approval to amend a practice act; or
(ii) apply to technical or clarifying amendments to a practice act.
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 2 - Boards › Section 203 - Duties, functions, and responsibilities of division in collaboration with board -- Construction Services Commission.

58-1-203.
Duties, functions, and responsibilities of division in collaboration with board -- Construction Services Commission.
(1) The following duties, functions, and responsibilities of the division shall be performed by the division with the collaboration and assistance of the appropriate board:
(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) prescribing license qualifications;
(c) prescribing rules governing applications for licenses;
(d) providing for a fair and impartial method of examination of applicants;
(e) defining unprofessional conduct, by rule, to supplement the definitions under this chapter or other licensing chapters;
(f) establishing advisory peer committees to the board and prescribing their scope of authority; and
(g) establishing conditions for reinstatement and renewal of licenses.
(2) Notwithstanding Subsection (1), the duties, functions, and responsibilities of the division outlined in Subsection (1) shall, instead, be performed by the Construction Services Commission for all purposes of Title 58, Chapter 55, Utah Construction Trades Licensing Act.
Amended by Chapter 181, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 301.3 - Waiver of licensing fees.

Effective 5/12/2020
58-1-301.3.
Waiver of licensing fees.
An individual applying for initial licensure or licensure renewal under this title may apply for initial licensure or licensure renewal without paying the fees described in Subsection 58-1-301(1) if the applicant provides evidence to the division in a form prescribed by the division that at the time of the application the applicant is:
(1) on full-time active service with a branch of the armed forces of the United States, including an applicant who is on full-time active duty orders with the National Guard or reserve component of the armed forces; or
(2) receiving public assistance through one of the following programs administered by the Department of Workforce Services:
(a) the Family Employment Program described in Section 35A-3-302; or
(b) General Assistance described in Section 35A-3-401.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 301.5 - Division access to Bureau of Criminal Identification records.

Effective 5/3/2023
58-1-301.5.
Division access to Bureau of Criminal Identification records.
(1) The division shall have direct access to local files maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for background screening of individuals who are applying for licensure, licensure renewal, licensure reinstatement, or relicensure, as required in:
(a) Sections 58-17b-306 and 58-17b-307;
(b) Sections 58-24b-302 and 58-24b-302.1;
(c) Section 58-31b-302;
(d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy Practice Act;
(e) Section 58-44a-302.1;
(f) Sections 58-47b-302 and 58-47b-302.1;
(g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm company agents, and Section 58-55-302.1;
(h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental Health Professional Practice Act;
(i) Sections 58-61-304 and 58-61-304.1;
(j) Sections 58-63-302 and 58-63-302.1;
(k) Sections 58-64-302 and 58-64-302.1;
(l) Sections 58-67-302 and 58-67-302.1;
(m) Sections 58-68-302 and 58-68-302.1; and
(n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant Act.
(2) The division's access to criminal background information under this section:
(a) shall meet the requirements of Section 53-10-108; and
(b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition.
(3) The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.
Amended by Chapter 222, 2023 General Session
Amended by Chapter 223, 2023 General Session
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 301.7 - Change of information.

Effective 5/12/2020
58-1-301.7.
Change of information.
(1)
(a) An applicant, licensee, or certificate holder shall notify the division within 10 business days of a change in mailing address or email address.
(b) When providing a mailing address, the individual may provide a post office box or other mail drop location.
(c) In addition to providing a mailing address, an applicant, licensee, or certificate holder shall provide to the division, in a form approved by the division, an email address.
(2) An applicant, licensee, or certificate holder is considered to have received a notification that has been sent to the most recent:
(a) mailing address provided to the division by the applicant, licensee, or certificate holder; or
(b) email address furnished to the division by the applicant, licensee, or certificate holder.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 302.1 - Temporary license for telemedicine.

Effective 5/3/2023
58-1-302.1.
Temporary license for telemedicine.
(1) As used in this section:
(a) "Nonresident health care license" means a health care license issued by another state, district, or territory of the United States.
(b) "Telemedicine service" means the same as that term is defined in Section 26-60-102.
(2) An individual with a temporary license issued under this section is authorized to provide a telemedicine service if:
(a) the telemedicine service is a service the individual is licensed to perform under the nonresident health care license of the state, district, or territory that issued the nonresident health care license;
(b) at the time the telemedicine service is performed, the patient is located in Utah; and
(c) performing the telemedicine service would not otherwise violate state law.
(3) The division shall issue a temporary license described in Subsection (2) to an individual who has a nonresident health care license in good standing if:
(a) the individual has completed an application for a license by endorsement in accordance with Section 58-1-302; and
(b) the division determines that they will not be able to process the application within 15 days from the day on which the application is submitted.
(4) The division may not charge a fee for a temporary license issued under this section beyond the fee required for a license issued under Section 58-1-302.
Enacted by Chapter 278, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 303 - Temporary license.

58-1-303.
Temporary license.
(1)
(a) The division may issue a temporary license to a person who has met all license requirements except the passing of an examination. In this case:
(i) the licensee shall take the next available examination; and
(ii) the temporary license automatically expires upon release of official examination results if the applicant fails the examination.
(b) The division may issue a temporary license to a person licensed in another state or country who is in Utah temporarily to teach or assist a Utah resident licensed to practice an occupation or profession under this title.
(c) The division may issue a temporary license to a person licensed in another state who met the requirements for licensure in that state, which were equal to or greater than the requirements for licensure of this state at the time the license was obtained in the other state, upon a finding by the division, in collaboration with the appropriate board, that the issuance of a temporary license is necessary to or justified by:
(i) a local or national emergency or any governmental action causing an unusual circumstance that might be reasonably considered to materially jeopardize the public health, safety, or welfare if a temporary license is not issued;
(ii) a lack of necessary available services in any community or area of the state from an occupation or profession licensed under this title, if the lack of services might be reasonably considered to materially jeopardize the public health, safety, or welfare if a temporary license is not issued; or
(iii) a need to first observe an applicant for licensure in this state in a monitored or supervised practice of the applicant's occupation or profession before a decision is made by the division either to grant or deny the applicant a regular license.
(2) The division may not issue a temporary license to a person who qualifies for one under Subsection (1)(a) more than three consecutive times within the three-year period immediately following the issuance of the first temporary license.
(3) The division may not issue a temporary license to a person solely because there is a competitive advantage enjoyed or a competitive disadvantage suffered by any party caused by the absence of a licensed person, unless in addition there is or will be a material risk presented to the public health, safety, or welfare.
Renumbered and Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 304 - Restricted license.

58-1-304.
Restricted license.
(1) The division may issue a restricted or probationary license to an applicant for licensure, renewal, or reinstatement of licensure if:
(a) the applicant appears to meet the qualifications for licensure, but has engaged in unlawful, unprofessional, or other conduct bearing upon the applicant's qualifications; and
(b) the division determines the need to observe the applicant in a monitored or supervised practice of the applicant's occupation or profession or to attach other reasonable restrictions or conditions upon the applicant in order to accommodate licensure, while protecting the public health, safety, and welfare.
(2) Issuance of a restricted or probationary license is considered a partial denial of licensure that is subject to agency review.
Amended by Chapter 262, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 305 - Inactive license.

Effective 5/8/2018
58-1-305.
Inactive license.
(1)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may adopt rules permitting inactive licensure.
(b) The rules shall specify the requirements and procedures for placing a license on inactive status, the length of time a license may remain on inactive status, and the requirements and procedures to activate an inactive license.
(2) Except as otherwise specified by rule, an inactive licensee has no right or privilege to engage in the practice of the licensed occupation or profession.
(3) The division shall waive the renewal fee for a person holding or applying for an inactive license, if at the time of the application for or renewal of the inactive license, the person is on full-time active service with a branch of the armed forces of the United States, including a person who is on full-time active duty orders with the National Guard or reserve component of the armed forces.
Amended by Chapter 90, 2018 General Session