58-1-303 - Temporary license.

58-1-303. Temporary license.
(1) (a) The division may issue a temporary license to a person who has met all licenserequirements 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 examinationresults if the applicant fails the examination.
(b) The division may issue a temporary license to a person licensed in another state orcountry who is in Utah temporarily to teach or assist a Utah resident licensed to practice anoccupation or profession under this title.
(c) The division may issue a temporary license to a person licensed in another state whomet the requirements for licensure in that state, which were equal to or greater than therequirements for licensure of this state at the time the license was obtained in the other state, upona finding by the division, in collaboration with the appropriate board, that the issuance of atemporary license is necessary to or justified by:
(i) a local or national emergency or any governmental action causing an unusualcircumstance 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 anoccupation or profession licensed under this title, if the lack of services might be reasonablyconsidered to materially jeopardize the public health, safety, or welfare if a temporary license isnot issued; or
(iii) a need to first observe an applicant for licensure in this state in a monitored orsupervised practice of the applicant's occupation or profession before a decision is made by thedivision 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 oneunder Subsection (1)(a) more than three consecutive times within the three-year periodimmediately following the issuance of the first temporary license.
(3) The division may not issue a temporary license to a person solely because there is acompetitive advantage enjoyed or a competitive disadvantage suffered by any party caused by theabsence of a licensed person, unless in addition there is or will be a material risk presented to thepublic health, safety, or welfare.

Renumbered and Amended by Chapter 297, 1993 General Session