§ 31A-23b-207. Requirement to obtain surety bond.

(1)

(a) Except as provided in Subsections (1)(b)(ii) and (2), a navigator shall obtain a surety bond in an amount designated by the commissioner by administrative rule to cover the legal liability of the navigator as the result of an erroneous act or failure to act in the navigator's capacity as a navigator.

(b) The navigator shall:

(i) maintain a surety bond at all times during the term of the navigator's license; or

(ii) demonstrate to the commissioner that the navigator is capable of covering a legal liability for erroneous acts or failure to act in a manner approved by the commissioner.

(2) A navigator is not required to obtain and maintain a surety bond during a period in which the navigator's scope of practice is limited to assisting individuals with:

(a) enrollment in public programs; and

(b) qualification for premium and cost sharing subsidies.

Enacted by Chapter 341, 2013 General Session