Full text of Utah Utah Code § 1b-302 — Review criteria., with citation guidance and answers to common questions.
§ 1b-302. Review criteria.
Effective 5/7/2025
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:
| (1) | 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; |
| (2) | for any harm to the health, safety, or financial welfare of the public, the harm's:
|
| (3) | the extent to which the proposed or existing regulation of the occupation protects against or diminishes the harm described in Subsection (1); |
| (4) | 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) | if the review involves licensing, the potential alternative pathways for a person to obtain a license; |
| (6) | the costs to the state of regulating the occupation; |
| (7) | whether the proposed or existing administering agency has sufficient expertise and resources; |
| (8) | the regulation of the occupation in other jurisdictions; |
| (9) | 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) | 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; |
| (c) | practitioners of the occupation; and |
|
| (11) | any other criteria the office adopts, including criteria suggested in a stakeholder survey. |
Amended by Chapter
483, 2025 General Session
Frequently Asked Questions About Utah § 1b-302
What does Utah Code § 1b-302 cover?
Section 1b-302 ("Review criteria.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 1b-302?
A common citation format is "Utah Code § 1b-302" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 1b-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
