| (1) |
As used in this section, “license” means an authorization that permits the holder to engage in the practice of a profession regulated under this title. |
Terms Used In Utah Code 4-1-112
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- 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.
- 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
| (2) |
Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if:
| (a) |
the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; |
| (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. |
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| (3) |
Subject to Subsections (4) through (7), the department may issue a license 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:
| (i) |
| (A) |
the department determines that the applicant’s education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; 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 department 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 license sought in this state; 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 department determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state. |
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| (4) |
The department may refuse to issue a license to an applicant under this section if:
| (a) |
the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or |
| (b) |
the applicant has a previous or pending disciplinary action related to the applicant’s other license. |
|
| (5) |
Before the department issues a license to an applicant under this section, the applicant shall:
| (a) |
pay a fee determined by the department under Section 63J-1-504; and |
| (b) |
produce satisfactory evidence of the applicant’s identity, qualifications, and good standing in the profession for which licensure is sought in this state. |
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| (7) |
This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific chapters of this title. |
Enacted by Chapter 222, 2023 General Session
