Threats to Professional Licensure: State List

Utah

Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
HB 280: Failed upon adjournment on 3/8/2018.
SB 212: Signed by Governor Gary Herbert on 3/22/2017.
Summary:

HB 280 requires many state agencies, including the Department of Commerce, complete a one-time written study and analysis of each occupational or professional license or certification that their agency administers to ensure that state regulation of the occupation or profession, including state statute, administrative rule, and agency policy, is narrowly tailored to protect the health and safety of the public and does not consist of excessive, unnecessary, or outdated government interference.

The study and analysis from each agency shall include:
(i) a list of each occupational or professional license or certification administered by the agency;

(ii) the number of active licenses or certifications issued by the agency;

(iii) a complete citation of each state statute, administrative rule, and agency policy that apply to the occupational or professional license or certification administered by the agency;

(iv) an analysis of whether each statutory provision, administrative rule, and agency policy is necessary to protect the health and safety of the public;

(v) an analysis of whether less restrictive regulation of the occupation or profession would still protect the health and safety of the public; and

(vi) a recommendation to the committee regarding which statutory language, administrative rules, or agency policies could be repealed or modified to be less restrictive while still adequately protecting the health and safety of the public.

The Utah Division of Occupational and Professional Licensing is a division within the Utah Department of Commerce and would directly be affected by this legislation.

SB 212 and HB 94 spells out the duties of the Occupational and Professional Licensure Review Committee. The Committee will consider the following: (a) why licensing or other regulation of the lawful occupation is required to protect against present, recognizable, and significant harm to the health or safety of the public; (b) what is the least restrictive regulation of the lawful occupation that would protect against recognizable and significant harm to the health or safety of the public.

When conducting a study on occupational regulations, the Committee must consider if the Committee’s recommendation would negatively affect the interest of members of the regulated lawful occupation, including the effect on matters of reciprocity with other states. If the Committee determines that state regulation of the lawful occupation is necessary in protecting against present, recognizable, and significant harm to the health or safety of the public, the Committee must consider whether a potentially less restrictive alternative to licensing, including state registration, would avoid unnecessary regulation while still protecting the health and safety of the public. SB 212 has been signed into law by Governor Herbert.

NSPE has alerted the Utah Society of Professional Engineers to these developments and will provide assistance in ensuring that the PE license is not impacted.