Professional Licensing Amendments

26
13-1b-101
13-1b-203
13-1b-302
13-1b-304
5
Professional Licensing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill modifies the oversight of the Office of Professional Licensure Review.
Highlighted Provisions:
This bill:
defines "harm";
requires the Office of Professional Licensure Review (office) to document the office's
review of a regulation of an occupation;
requires the office to
review and respond to an inquiry from a person regarding regulation
subject to capacity and resource constraints;
requires the office to identify and provide notice to the legislators representing a person
that submits an inquiry to the office; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-1b-101
, as enacted by Laws of Utah 2022, Chapter 413
13-1b-203
, as last amended by Laws of Utah 2025, Chapter 483
13-1b-302
, as last amended by Laws of Utah 2025, Chapter 483
13-1b-304
, as last amended by Laws of Utah 2025, Chapter 483
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-1b-101
is amended to read:
13-1b-101
. Definitions.
As used in this chapter:
(1)
"Department" means the Department of Commerce.
(2)
"Director" means the director of the office.
(3)
"Executive director" means the executive director of the Department of Commerce.
(4)
"Government requestor" means:
(a)
the governor;
(b)
an executive branch officer other than the governor;
(c)
an executive branch agency;
(d)
a legislator; or
(e)
a legislative committee.
(5)
(a)
"Harm" means a present, recognizable, and significant harm to the health, safety,
or financial welfare of the public.
(5)
(b)
"Health, safety, or financial welfare of the public"
"Harm"
includes
protecting
against
physical injury, property damage, or financial harm of the public.
(6)
"Legislator" means the same as that term is defined in Section 63A-17-513.
(6)
(7)
"License" or "licensing" means a state-granted authorization for a person to engage
in a specified occupation:
(a)
based on the person meeting personal qualifications established under state law; and
(b)
where state law requires the authorization before the person may lawfully engage in
the occupation for compensation.
(7)
(8)
"Newly regulate" means to create by statute or administrative rule a new license,
certification, registration, or exemption classification regarding an occupation.
(8)
(9)
"Occupation" means a course of conduct, pursuit, or profession that includes the
sale of goods or services that are not illegal to sell, irrespective of whether the individual
selling the goods or services is subject to an occupational regulation.
(9)
(10)
"Office" means the Office of Professional Licensure Review created in this
chapter.
(10)
(11)
"Periodic review" means a review described in Subsection
13-1b-203(2)
.
(11)
(12)
(a)
"Personal qualifications" means criteria established in state law related to
an individual's background.
(b)
"Personal qualifications" includes:
(i)
completion of an approved education program;
(ii)
satisfactory performance on an examination;
(iii)
work experience; and
(iv)
completion of continuing education.
(12)
(13)
"Regulated occupation" means an occupation that:
(a)
requires a person to obtain a license to practice the occupation; or
(b)
provides for state certification or state registration.
(14)
"Responsible agency" means the state executive branch agency with rule making
authority over an occupational regulation.
(13)
(15)
"State certification" means a state-granted authorization given to a person to use
the term "state certified" as part of a designated title related to engaging in a specified
occupation:
(a)
based on the person meeting personal qualifications established under state law; and
(b)
where state law prohibits a noncertified person from using the term "state certified"
as part of a designated title but does not otherwise prohibit a noncertified person from
engaging in the occupation for compensation.
(14)
(16)
"State registration" means a state-granted authorization given to a person to use
the term "state registered" as part of a designated title related to engaging in a specified
occupation:
(a)
based on the person meeting requirements established under state law, which may
include the person's name and address, the person's agent for service of process, the
location of the activity to be performed, and bond or insurance requirements;
(b)
where state law does not require the person to meet any personal qualifications; and
(c)
where state law prohibits a nonregistered person from using the term "state
registered" as part of a designated title.
(15)
(17)
"Sunrise review" means a review under this chapter of an application to establish
a new regulated occupation.
Section 2. Section
13-1b-203
is amended to read:
13-1b-203
. Duties.
The office shall:
(1)
for each application submitted in accordance with Section
13-1b-301
, conduct a sunrise
review in accordance with Section
13-1b-302
before November 1:
(a)
of the year in which the application is submitted, if the application is submitted on or
before July 1; or
(b)
of the subsequent year, if the application is submitted after July 1;
(2)
in accordance with Section
13-1b-303
, conduct a review of each regulated occupation at
least once every 10 years;
(3)
(a)
review and respond to
any legislator inquiry
an inquiry from a legislator

regarding a proposed or existing regulated occupation;
and
(b)
(i)
review and respond to an inquiry from a person other than a legislator
regarding a proposed or existing regulation subject to capacity and resource
constraints, as determined by the office;
(ii)
identify and provide notice to the legislators who represent the person that
submits an inquiry to the office in accordance with Subsection (3)(b)(i).
(4)
publish on the office's website a submission form where an individual may provide
feedback regarding an existing occupational regulation within the office's jurisdiction
that the individual requests the office repeal or modify;
(5)
engage in a systematic review of the rules that relate to occupational regulations within
the office's jurisdiction in accordance with Section
13-1b-302
; and
(6)
report to the Business and Labor Interim Committee in accordance with Section
13-1b-304
.
Section 3. Section
13-1b-302
is amended to read:
13-1b-302
. Review criteria.
In conducting a sunrise review, a periodic review, or a standalone review, unless
otherwise directed in accordance with Subsection
13-1b-203(3)
, the office shall consider
the
following criteria
and document the following
:
(1)
whether there is a harm;
(2)
if the office determines that there is a harm,
whether the regulation of the occupation is
necessary to address
a present, recognizable, and significant harm to the health, safety,
or financial welfare of the public
the harm
;
(2)
for any harm to the health, safety, or financial welfare of the public, the harm's:
(a)
severity;
(b)
probability; and
(c)
permanence;
(3)
the harm's severity, probability, and permanence;
(4)
the extent to which the proposed or existing regulation of the occupation protects
against or diminishes the harm described in Subsection
(1)
;
(4)
(5)
whether the proposed or existing regulation of the occupation:
(a)
affects the supply of qualified practitioners;
(b)
creates barriers to:
(i)
service that are not in the public financial welfare or interest; or
(ii)
entry into the occupation or related occupations;
(c)
imposes new costs on existing practitioners;
(d)
affects:
(i)
license reciprocity with other jurisdictions; or
(ii)
mobility of practitioners; or
(e)
if the occupation involves a health care provider, impacts the health care provider's
ability to obtain payment of benefits for the health care provider's treatment of an
illness, injury, or health care condition under an insurance contract subject to Section
31A-22-618
;
(5)
(6)
if the review involves licensing, the potential alternative pathways for
a person
an
individual
to obtain a license;
(6)
(7)
the costs to the state of regulating the occupation;
(7)
(8)
whether the proposed or existing administering agency has sufficient expertise and
resources;
(8)
(9)
the regulation of the occupation in other jurisdictions;
(9)
(10)
the scope of the proposed or existing regulation, including:
(a)
whether the occupation is clearly distinguishable from an already regulated
occupation; and
(b)
potential for regulating only certain occupational activities;
(10)
(11)
the potentially less burdensome alternatives to the proposed or existing
regulation and the effect of implementing an alternative method of regulation on:
(a)
the
health, safety, or financial welfare of the public
harm
;
(b)
the occupation; and
(c)
practitioners of the occupation; and
(11)
(12)
any other criteria the office adopts, including criteria suggested in a stakeholder
survey.
Section 4. Section
13-1b-304
is amended to read:
13-1b-304
. Reporting.
(1)
On or before October 1, the office shall annually prepare and submit a written report to
the Business and Labor Interim Committee that describes the office's work during the
prior year.
(2)
In a written report described in Subsection
(1)
, the office shall include:
(a)
a summary of each periodic review, each sunrise review, each rule review,
and each
response to a legislator inquiry
and each response to an inquiry from a legislator or
from a person other than a legislator
;
(b)
each recommendation the office made to
another state executive branch agency
a
responsible agency
regarding a regulated occupation; and
(c)
a summary of information received during the previous year by the office under
Subsection
13-1b-203(4)
including:
(i)
the total number of submissions the office receives;
and
(ii)
each rule for which an individual filed a submission.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-20-26 8:22 AM