Section R156-1-106 - Division - Duties, Functions, and Responsibilities(1) Each person requesting a licensee list pursuant to Section 58-1-106 and this section shall apply to the Division upon a form prescribed by the Division in which the requester: (a) agrees to use the information received only for he purposes for which the requester is authorized;(b) agrees to not disclose the information received to other persons;(c) agrees not to use the information received for advertising or solicitation;(d) attests that the requester shall adhere to the restrictions of this section; and(e) acknowledges that the information received is a DOPL record under Title 63G, Chapter 2, Government Records Access and Management Act (GRAMA), and that a violation of Section 58-1-106 or this section may subject the requester to criminal penalties and other remedies under GRAMA.(2) In accordance with Subsections 58-1-106(1)(k) and 58-1-106(2), the Division may provide the following requesters a list of multiple licensees, and include licensee home telephone numbers, home addresses, or email addresses: (a) a governmental entity, including another state or territory or its regulatory agency;(b) a government-managed corporation;(c) a political subdivision;(d) the federal government;(e) a party to a prelitigation proceeding convened by the Division under Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act;(f) a medical reserve corps, public safety authority, host entity, unified command, or other person concurrently engaged with a person described in Subsections (2)(a) through (d), for the sole purpose of preparing for, participating in, or responding to an emergency described in Section 58-1-307;(g) a research university or regional university in the Utah System of Higher Education, for the sole purpose of conducting research; or(h)(i) the following persons, for the sole purpose of providing licensees continuing education that meets the requirements of Title 58, Occupations and Professions, and this Title R156: (A) an occupational or professional association;(B) a non-profit regulatory association in which the Division holds membership;(C) a private continuing education organization;(E) a school of higher education and training such as a university, college, technical college, or career and technical school;(ii) As used in Subsection (2)(g), "providing licensees continuing education" does not mean providing general information, learning opportunities, marketing, or outreach, including the following: (A) volunteer opportunities, even if the volunteer would receive training and practical education;(B) involvement in advocating for legislation;(C) involvement in labor organizing issues;(D) solicitations or recruitment for membership; or(E) continuing education advertisements in a newsletter or other communication issued by the requester that also contains non-continuing education advertisements or other information, unless: (I) the newsletter is issued by a Utah non-profit occupational or professional association or trade union; and(II) the Division determines the newsletter's primary focus is communicating educational articles and information about continuing education, and only incidentally contains advertisements and solicitations for membership.(3)(a) In accordance with Subsection 58-1-106(3)(c), proper identification of an individual who requests the address or telephone number of a licensee under Subsection 58-1-106(3)(a) shall consist of the individual's: (iv) daytime phone number; and(v) current positive identification.(b) "Positive identification" for this section means: (i) one of the following photo identification issued by a foreign or domestic government: (B) non-driver identification card;(D) military identification; or(E) concealed weapons permit; or(ii) if the individual does not have government-issued identification, alternative evidence of the individual's identity as determined appropriate by the Division, if the Division documents on the requester's application how the individual was positively identified.(c) In accordance with Subsections 58-1-106(3)(a) and (b), the Division may deny an individual's request for an address, email address, or telephone number of a licensee if the Division determines the reason for the request is an unwarranted invasion of privacy or a threat to the public health, safety, and welfare.Utah Admin. Code R156-1-106
Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021