1. (1) "Activity sensor" as used in Subsection R156-64-502(6)(d), means a sensor attached to a deception detection instrument that is approved for use by the manufacturer of the instrument for placement under the buttocks of the examinee to detect movement and attempts at countermeasures by the examinee.
2. (2) "Accredited program" as used in Section R156-64-302a means a university or college degree program that is nationally or regionally accredited.
3. (3) "Clinical polygraph examination" as used in Subsection R156-64-502(18) means a deception detection examination that is not intended to supplement and assist in a criminal investigation.
4. (4) "Comparison question" means a nonrelevant test question used for comparison against a relevant test question in a deception detection examination.
5. (5) "Concealed information examination" as used in Subsection R156-64-502(8) means a recognition examination administered to determine whether the examinee recognizes elements of an incident that were not released to the public and known only to the individual who engaged in the behavior and an individual investigating the incident.

6. (6) "Deception detection case file" as used in Subsection R156-64-502(16) means written records of a deception detection examination that includes the following:

   1. (a)(i) a chart on each subject that is properly identified by name and date; and

      1. (ii) if the examination was performed on an analog polygraph instrument, the chart is signed by the examinee;

   2. (b) an index in either chronological or alphabetical order that includes the following:

      1. (i) the name of each individual examined;
      2. (ii) the type of examination conducted;
      3. (iii) the date of the examination;
      4. (iv) the name and license number of the deception detection examiner or deception detection intern;
      5. (v) the file number where the records are maintained;
      6. (vi) the examiner's written opinion of the test results; and
      7. (vii) the time each examination began and ended;
   3. (c) each written report or memoranda of a verbal report;
   4. (d) a list of each question asked while the instrument was recording;
   5. (e) background information obtained during each pretest interview;
   6. (f) a copy of each chart recorded during the examination;
   7. (g) audio and video recording of the examination;

   8. (h) a form signed by the examinee where the examinee agrees to take the examination after being informed of the right to refuse; and

      1. (i) a form containing the following statement that is dated and signed by the examinee: "If I have any reason to believe that the examination was not completely impartial, fair, and conducted professionally, I am aware that I may report it to the Division of Professional Licensing."
7. (7) "Directed lie screening examination" means a screening examination in which the examinee is instructed to lie to one or more questions.
8. (8) "Experienced deception detection examiner" as used in Section R156-64-302c means a deception detection examiner who has completed over 250 deception detection examinations and has been licensed for at least three years.
9. (9) "Irrelevant question" means a question of neutral impact that does not relate to a matter under inquiry in a deception detection examination.

10. (10) "Post-conviction sex offender testing" as used in Subsections R156-64-302c(2) and R156-64-502(18) means testing of a sex offender as defined in Subsection 77-27-21.7(1)(d) and includes:

    1. (a) sexual history testing to determine if the examinee is accurately reporting each sexual offense before a conviction;
    2. (b) maintenance testing to determine if the examinee is complying with the conditions of probation or parole;
    3. (c) instant offense testing to determine if the examinee has denied accountability for behavioral allegations of the instant offense; and
    4. (d) monitoring testing to determine if the examinee may have been involved in unlawful sexual behaviors, including sexual re-offense while under the supervision of probation or parole.
11. (11) "Pre-employment examination" as used in Section R156-64-502 means a deception detection screening examination administered as part of a pre-employment background investigation.
12. (12) "Qualified professional continuing education" means professional continuing education that meets the standards set forth in Section R156-64-304.
13. (13) "Relevant question" as used in Subsection R156-64-502(4) means a question which relates directly to a matter under inquiry in a deception detection examination.
14. (14) "Screening examination" as used in Subsection R156-64-502(4) means a deception detection examination conducted in the absence of any specific allegation and may be conducted as a single issue or multiple issue examination.
15. (15) "Specific-issue examination" or "single-issue examination" as used in Subsection R156-64-502(4)(b) means a deception detection examination administered to determine the examinee's truthfulness concerning one narrowly defined issue involving a specific allegation.
16. (16) "Supervision" means general supervision as defined under Subsection R156-1-102a(1)(c).
17. (17) "Unprofessional conduct" as defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Chapter 64, Deception Detection Examiners Licensing Act, is further defined, under Subsection 58-1-203(1)(e), in Section R156-64-502.

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 64, Deception Detection Examiners Licensing Act. In addition:

KEY: licensing, deception detection examiner, deception detection examination administrator, deception detection intern

Date of Last Change: July 8, 2025

Notice of Continuation: January 3, 2022

Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)