Utah Code § 58-47b-503 — Utah Code / Title 58 / Chapter 58-47b / § 58-47b-503
§ 58-47b-503. Penalties -- Individuals.
Status: in_force

7/1/2026 (1) Except as provided in Subsection (2), an individual who commits an act of unlawful conduct under Section 58-47b-501 is guilty of a class A misdemeanor. (2) Sexual conduct that violates Section 58-47b-501 and Title 76, Criminal Offenses, shall be subject to the applicable penalties in Title 76, Criminal Offenses. (3) For acts of unprofessional conduct or unlawful conduct by an individual, the division may: (a) assess an administrative fine in accordance with Subsection 58-1-502(1); and (b) take any appropriate administrative action, which may include sending letters of concern to the municipality and the police department for the municipality in which the individual violates this chapter. (4) The division shall deposit an administrative fine imposed in accordance with this section into the Commerce Service Account. (5) If an individual has been convicted of violating Section 58-47b-501, before an administrative finding of a violation of the same section, the individual may not be assessed an administrative fine under this chapter for the same incident for which the conviction was obtained. (6) (a) If, upon an inspection described in Section 58-47b-601 or an investigation under this section, the division concludes that an individual has violated the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, and that disciplinary action is appropriate, the director or the director's designee from within the division shall: (i) notify the individual to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act; (ii) attempt to negotiate a stipulated settlement; or (iii) promptly issue a citation to the individual according to this chapter and any pertinent rules. (b) The division shall suspend, revoke, place on probation, or refuse to issue or renew the license of a licensed individual that fails to comply with the citation after the citation becomes final. (c) Failure of an individual to comply with a citation after the citation becomes final is a ground for denial of license or renewal. (d) The division may not issue a citation under this section after one year from the date on which the violation that is the subject of the citation is reported to the division. (e) (i) In addition to or in lieu of an administrative fine authorized in Subsection (3), the division may assess a penalty to any person that is in violation of the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding. (ii) The penalty may be in an amount that is the greater of up to $10,000 per single violation or up to $2,000 per day of an ongoing violation in accordance with a penalty schedule established by rule. (iii) The division shall deposit a penalty imposed in accordance with this section into the Commerce Service Account. (iv) The director may collect a penalty that is not paid by: (A) referring the matter to a collection agency; or (B) bringing an action in the district court of the county where the individual against whom the penalty is imposed resides or in the county where the office of the director is located. (v) The division may consult with the county attorney or the attorney general of the state for legal assistance and advice in an action to collect a penalty. (vi) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (vii) In addition to or in lieu of a penalty, the division may order the individual to cease and desist from violating the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions. (7) (a) A citation under Subsection (6) shall: (i) be in writing and describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; (ii) state that the individual to whom the division issues the citation shall notify the division in writing within 20 calendar days of service of the citation to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and (iii) explain the consequences of failure to timely contest the citation or to make payment of any penalties assessed by the citation within the time specified in the citation. (b) The division may serve a citation issued under this section, or a copy of each citation, upon any individual upon which a summons may be served: (i) in accordance with the Utah Rules of Civil Procedure; (ii) personally or upon the individual's agent by a division investigator or by any person specially designated by the director; or (iii) by mail. (c) If, within 20 calendar days after the day of service of a citation, the individual to whom the division issues the citation fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review. (d) The division may extend the period to contest the citation for cause. (8) (a) The division may suspend the license of a licensed individual without notice if: (i) there is a pattern of credible facts that the individual is attempting to operate a prostitution enterprise; or (ii) the individual is engaged in any form of human trafficking whether there is a violation of any other specific law, rule, or code. (b) If the division suspends the license of a licensed individual without notice, the division shall hold a hearing within 15 days.7/1/2026 (1) Except as provided in Subsection (2), an individual who commits an act of unlawful conduct under Section 58-47b-501 is guilty of a class A misdemeanor. (2) Sexual conduct that violates Section 58-47b-501 and Title 76, Criminal Offenses, shall be subject to the applicable penalties in Title 76, Criminal Offenses. (3) For acts of unprofessional conduct or unlawful conduct by an individual, the division may: (a) assess an administrative fine in accordance with Subsection 58-1-502(1); and (b) take any appropriate administrative action, which may include sending letters of concern to the municipality and the police department for the municipality in which the individual violates this chapter. (4) The division shall deposit an administrative fine imposed in accordance with this section into the Commerce Service Account. (5) If an individual has been convicted of violating Section 58-47b-501, before an administrative finding of a violation of the same section, the individual may not be assessed an administrative fine under this chapter for the same incident for which the conviction was obtained. (6) (a) If, upon an inspection described in Section 58-47b-601 or an investigation under this section, the division concludes that an individual has violated the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, and that disciplinary action is appropriate, the director or the director's designee from within the division shall: (i) notify the individual to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act; (ii) attempt to negotiate a stipulated settlement; or (iii) promptly issue a citation to the individual according to this chapter and any pertinent rules. (b) The division shall suspend, revoke, place on probation, or refuse to issue or renew the license of a licensed individual that fails to comply with the citation after the citation becomes final. (c) Failure of an individual to comply with a citation after the citation becomes final is a ground for denial of license or renewal. (d) The division may not issue a citation under this section after one year from the date on which the violation that is the subject of the citation is reported to the division. (e) (i) In addition to or in lieu of an administrative fine authorized in Subsection (3), the division may assess a penalty to any person that is in violation of the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions, as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding. (ii) The penalty may be in an amount that is the greater of up to $10,000 per single violation or up to $2,000 per day of an ongoing violation in accordance with a penalty schedule established by rule. (iii) The division shall deposit a penalty imposed in accordance with this section into the Commerce Service Account. (iv) The director may collect a penalty that is not paid by: (A) referring the matter to a collection agency; or (B) bringing an action in the district court of the county where the individual against whom the penalty is imposed resides or in the county where the office of the director is located. (v) The division may consult with the county attorney or the attorney general of the state for legal assistance and advice in an action to collect a penalty. (vi) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (vii) In addition to or in lieu of a penalty, the division may order the individual to cease and desist from violating the provisions of Chapter 1, Division of Professional Licensing Act, Section 58-47b-501 or 58-47b-502, or any rule or order issued with respect to these provisions. (7) (a) A citation under Subsection (6) shall: (i) be in writing and describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; (ii) state that the individual to whom the division issues the citation shall notify the division in writing within 20 calendar days of service of the citation to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and (iii) explain the consequences of failure to timely contest the citation or to make payment of any penalties assessed by the citation within the time specified in the citation. (b) The division may serve a citation issued under this section, or a copy of each citation, upon any individual upon which a summons may be served: (i) in accordance with the Utah Rules of Civil Procedure; (ii) personally or upon the individual's agent by a division investigator or by any person specially designated by the director; or (iii) by mail. (c) If, within 20 calendar days after the day of service of a citation, the individual to whom the division issues the citation fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review. (d) The division may extend the period to contest the citation for cause. (8) (a) The division may suspend the license of a licensed individual without notice if: (i) there is a pattern of credible facts that the individual is attempting to operate a prostitution enterprise; or (ii) the individual is engaged in any form of human trafficking whether there is a violation of any other specific law, rule, or code. (b) If the division suspends the license of a licensed individual without notice, the division shall hold a hearing within 15 days.
Utah Code § 58-60-102 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-102
§ 58-60-102. Definitions.
Status: in_force

7/1/2026As used in this chapter, unless a definition establishes a different meaning under a specific section or part: (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5. (2) "Client" or "patient" means an individual who an individual licensed under this chapter who is acting in the individual's professional capacity consults, examines, or interviews. (3) "Clinical supervision" means work experience conducted under the supervision of a clinical supervisor, including the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of: (a) a certified social worker; (b) an associate marriage and family therapist; (c) an associate clinical mental health counselor; or (d) an associate master addiction counselor, wherein the supervisor is available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable timeframe consistent with the acts and practices in which the supervisee is engaged. (4) "Clinical supervisor" means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who: (a) (i) is licensed, in good standing, as a mental health therapist; (ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as the division approves; (iii) (A) has completed eight or more hours of supervision instruction that meets minimum standards the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (B) has completed a graduate course on clinical supervision from an accredited program; (iv) completes continuing education in clinical supervision, as the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including: (A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame; (B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and (C) maintaining routine personal contact with the supervisee; and (b) (i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and (ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027. (5) "Confidential communication" means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is: (a) (i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or (ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and (b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination, or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. (6) "Designated examiner" means the same as that term is defined in Section 26B-5-301. (7) (a) "Direct client care" means the practice of mental health therapy performed as an applicant for licensure. (b) "Direct client care" includes: (i) the practice of mental health therapy; (ii) the utilization of patient-reported progress and outcomes to inform care; and (iii) direct observation. (8) (a) "Direct clinical supervision" means an applicant for licensure and the applicant's direct clinical supervisor meeting in real time and in accordance with the applicant for licensure's supervision contract as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) "Direct clinical supervision" includes group supervision. (9) "Direct clinical supervisor" means the clinical supervisor who has signed the supervision contract with the applicant for licensure. (10) "Direct observation" means observation of an applicant for licensure's live or recorded direct client care: (a) (i) by the applicant for licensure's clinical supervisor; or (ii) by a licensee under Subsection (4)(a) who the applicant for licensure's direct clinical supervisor approves; and (b) after which the applicant for licensure and the observer under Subsection (10)(a) meet, in-person or electronically, to discuss the direct client care for the purpose of developing the applicant for licensure's clinical knowledge and skill. (11) "FBI Rap Back System" means the same as that term is defined in Section 53-10-108. (12) "Group supervision" means an applicant for licensure meeting with the applicant's direct clinical supervisor and at least one of the direct clinical supervisor's other supervised applicants for licensure: (a) while the clinical supervisor and the applicants: (i) can see and openly communicate with each other; and (ii) are present in the same room or via electronic video; and (b) for the purpose of developing the applicants' clinical knowledge and skill. (13) "Hypnosis" means, when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. (14) "Individual" means a natural person. (15) "Mental health therapist" means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as: (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy; (b) an advanced practice registered nurse, specializing in psychiatric mental health nursing; (c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing; (d) a psychologist qualified to engage in the practice of mental health therapy; (e) a certified psychology resident qualifying to engage in the practice of mental health therapy; (f) a physician assistant specializing in mental health care under Section 58-70a-501.1; (g) a clinical social worker; (h) a certified social worker; (i) a marriage and family therapist; (j) an associate marriage and family therapist; (k) a clinical mental health counselor; (l) an associate clinical mental health counselor; (m) a master addiction counselor; or (n) an associate master addiction counselor. (16) "Mental illness" means a mental disorder defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15). (17) "Practice of mental health therapy" means treatment or prevention of another individual's mental illness or emotional disorder, whether in person or remotely, including: (a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15); (b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15); (c) conveying an opinion as to the validity of an individual's established diagnosis; (d) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and (e) engaging in the conduct of professional intervention, including: (i) psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (15); and (ii) modes of treatment designed to treat interpersonal dysfunction; and (f) holding oneself out as providing, or has having the skills, experience, or training to competently provide, any of the services described in Subsections (17)(a) through (e). (18) "Remotely" means communicating via internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. (19) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-60-109. (20) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-60-110, and as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.7/1/2026As used in this chapter, unless a definition establishes a different meaning under a specific section or part: (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5. (2) "Client" or "patient" means an individual who an individual licensed under this chapter who is acting in the individual's professional capacity consults, examines, or interviews. (3) "Clinical supervision" means work experience conducted under the supervision of a clinical supervisor, including the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of: (a) a certified social worker; (b) an associate marriage and family therapist; (c) an associate clinical mental health counselor; or (d) an associate master addiction counselor, wherein the supervisor is available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable timeframe consistent with the acts and practices in which the supervisee is engaged. (4) "Clinical supervisor" means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who: (a) (i) is licensed, in good standing, as a mental health therapist; (ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as the division approves; (iii) (A) has completed eight or more hours of supervision instruction that meets minimum standards the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (B) has completed a graduate course on clinical supervision from an accredited program; (iv) completes continuing education in clinical supervision, as the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including: (A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame; (B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and (C) maintaining routine personal contact with the supervisee; and (b) (i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and (ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027. (5) "Confidential communication" means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is: (a) (i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or (ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and (b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination, or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. (6) "Designated examiner" means the same as that term is defined in Section 26B-5-301. (7) (a) "Direct client care" means the practice of mental health therapy performed as an applicant for licensure. (b) "Direct client care" includes: (i) the practice of mental health therapy; (ii) the utilization of patient-reported progress and outcomes to inform care; and (iii) direct observation. (8) (a) "Direct clinical supervision" means an applicant for licensure and the applicant's direct clinical supervisor meeting in real time and in accordance with the applicant for licensure's supervision contract as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) "Direct clinical supervision" includes group supervision. (9) "Direct clinical supervisor" means the clinical supervisor who has signed the supervision contract with the applicant for licensure. (10) "Direct observation" means observation of an applicant for licensure's live or recorded direct client care: (a) (i) by the applicant for licensure's clinical supervisor; or (ii) by a licensee under Subsection (4)(a) who the applicant for licensure's direct clinical supervisor approves; and (b) after which the applicant for licensure and the observer under Subsection (10)(a) meet, in-person or electronically, to discuss the direct client care for the purpose of developing the applicant for licensure's clinical knowledge and skill. (11) "FBI Rap Back System" means the same as that term is defined in Section 53-10-108. (12) "Group supervision" means an applicant for licensure meeting with the applicant's direct clinical supervisor and at least one of the direct clinical supervisor's other supervised applicants for licensure: (a) while the clinical supervisor and the applicants: (i) can see and openly communicate with each other; and (ii) are present in the same room or via electronic video; and (b) for the purpose of developing the applicants' clinical knowledge and skill. (13) "Hypnosis" means, when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. (14) "Individual" means a natural person. (15) "Mental health therapist" means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as: (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy; (b) an advanced practice registered nurse, specializing in psychiatric mental health nursing; (c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing; (d) a psychologist qualified to engage in the practice of mental health therapy; (e) a certified psychology resident qualifying to engage in the practice of mental health therapy; (f) a physician assistant specializing in mental health care under Section 58-70a-501.1; (g) a clinical social worker; (h) a certified social worker; (i) a marriage and family therapist; (j) an associate marriage and family therapist; (k) a clinical mental health counselor; (l) an associate clinical mental health counselor; (m) a master addiction counselor; or (n) an associate master addiction counselor. (16) "Mental illness" means a mental disorder defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15). (17) "Practice of mental health therapy" means treatment or prevention of another individual's mental illness or emotional disorder, whether in person or remotely, including: (a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15); (b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15); (c) conveying an opinion as to the validity of an individual's established diagnosis; (d) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and (e) engaging in the conduct of professional intervention, including: (i) psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (15); and (ii) modes of treatment designed to treat interpersonal dysfunction; and (f) holding oneself out as providing, or has having the skills, experience, or training to competently provide, any of the services described in Subsections (17)(a) through (e). (18) "Remotely" means communicating via internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. (19) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-60-109. (20) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-60-110, and as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-67-301 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-301
§ 58-67-301. Licensure required -- License classifications.
Status: in_force

(1) A license is required to engage in the practice of medicine, on or for any person in Utah, as a physician and surgeon, except as specifically provided in Section 58-1-307 or 58-67-305. (2) The division shall issue to a person who qualifies under this chapter a license in the classification of physician and surgeon.
Utah Code § 58-75-302 — Utah Code / Title 58 / Chapter 58-75 / § 58-75-302
§ 58-75-302. Qualifications for licensure -- Temporary license.
Status: in_force

(1) Except as provided in Subsection (2), each applicant for licensure as a genetic counselor under this chapter shall: (a) submit an application in a form prescribed by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) provide satisfactory documentation of having earned: (i) a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the division; or (ii) a doctoral degree from a medical genetics training program that is accredited by the American Board of Medical Genetics or an equivalent as determined by the division; and (d) meet the examination requirement for certification as: (i) a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics; or (ii) a medical geneticist by the American Board of Medical Genetics. (2) The division may issue a temporary license, in accordance with Section 58-1-303 and any other conditions established by rule, to an applicant who meets all of the requirements for licensure except the examination requirement of Subsection (1)(d).
Utah Code § 58-17b-605.5 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-605.5
§ 58-17b-605.5. Interchangeable biological products.
Status: in_force

(1) For the purposes of this section: (a) "Biological product" means the same as that term is defined in 42 U.S.C. Sec. 262. (b) "Interchangeable biological product" means a biological product that the federal Food and Drug Administration: (i) has: (A) licensed; and (B) determined meets the standards for interchangeability pursuant to 42 U.S.C. Sec. 262(k)(4); or (ii) has determined is therapeutically equivalent as set forth in the latest edition of or supplement to the federal Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations. (2) A pharmacist or pharmacy intern dispensing a prescription order for a specific biological product by brand or proprietary name may substitute an interchangeable biological product for the prescribed biological product only if: (a) the purchaser specifically requests or consents to the substitute of an interchangeable biological product; (b) the interchangeable biological product is permitted to move in interstate commerce; (c) the pharmacist or pharmacy intern counsels the patient on the use and the expected response to the prescribed biological product, whether a substitute or not, and the substitution is not otherwise prohibited by this chapter; (d) the prescribing practitioner has not prohibited the substitution of an interchangeable biological product for the prescribed biological product, as provided in Subsection (6); and (e) the substitution is not otherwise prohibited by law. (3) Each out-of-state mail service pharmacy dispensing an interchangeable biological product as a substitute for another biological product into this state shall: (a) notify the patient of the substitution either by telephone or in writing; and (b) comply with the requirements of this chapter with respect to an interchangeable biological product substituted for another biological product, including labeling and record keeping. (4) Pharmacists or pharmacy interns may not substitute without the prescriber's authorization biological product prescriptions unless the product has been determined by the United States Food and Drug Administration to be interchangeable with the prescribed biological product. (5) A pharmacist or pharmacy intern who dispenses a prescription with an interchangeable biological product under this section assumes no greater liability than would be incurred had the pharmacist or pharmacy intern dispensed the prescription with the biological product prescribed. (6) (a) If, in the opinion of the prescribing practitioner, it is in the best interest of the patient that an interchangeable biological product not be substituted for a prescribed biological product, the practitioner may prohibit a substitution either by writing "dispense as written" or by signing in the appropriate space where two lines have been preprinted on a prescription order and captioned "dispense as written" or "substitution permitted." (b) (i) If the prescription is communicated orally by the prescribing practitioner to the pharmacist or pharmacy intern, the practitioner shall direct the prohibition or substitution. (ii) The pharmacist or pharmacy intern shall make a written note of the practioner's direction by writing the name of the practitioner and the words "orally by" and the initials of the pharmacist or pharmacy intern written after it. (7) A pharmacist or pharmacy intern who substitutes an interchangeable biological product for a prescribed biological product shall communicate the substitution to the purchaser. The interchangeable biological product container shall be labeled with the name of the interchangeable biological product dispensed, and the pharmacist, pharmacy intern, or pharmacy technician shall indicate on the file copy of the prescription both the name of the prescribed biological product and the name of the interchangeable biological product dispensed in its place. (8) Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry into an interoperable electronic medical records system, through an electronic prescribing technology, a pharmacy benefit management system, or a pharmacy record that is electronically accessible by the prescriber. Entry into an electronic records system as described in this Subsection (8) is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication shall not be required where: (a) there is no FDA-approved interchangeable biological product for the product prescribed; (b) a refill prescription is not changed from the product dispensed on the prior filling of the prescription; or (c) the product is paid for using cash or cash equivalent.
Utah Code § 58-70b-102 — Utah Code / Title 58 / Chapter 58-70b / § 58-70b-102
§ 58-70b-102. Rulemaking.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules as authorized by this chapter.
Utah Code § 58-55-308 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-308
§ 58-55-308. Scope of practice -- Installation, repair, maintenance, or replacement of gas appliance, combustion system, automatic fire sprinkler system, or battery-powered fence -- Rules.
Status: in_force

1/1/2027 (1) (a) The commission, with the concurrence of the director, may adopt reasonable rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and limit the scope of practice and operating standards of the classifications and subclassifications licensed under this chapter in a manner consistent with established practice in the relevant industry. (b) The commission and the director may limit the field and scope of operations of a licensee under this chapter in accordance with the rules and the public health, safety, and welfare, based on the licensee's education, training, experience, knowledge, and financial responsibility. (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or commercial gas appliance or combustion system. (b) The provisions of this Subsection (2) apply to any: (i) licensee under this chapter whose license authorizes the licensee to perform the work described in Subsection (2)(a); and (ii) person exempt from licensure under Section 58-55-305. (c) Any person described in Subsection (2)(b) that performs work described in Subsection (2)(a): (i) must first receive training and certification as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) shall ensure that any employee authorized under other provisions of this chapter to perform work described in Subsection (2)(a) has first received training and certification as specified in rules adopted by the division. (d) The division may exempt from the training requirements adopted under Subsection (2)(c) a person that has adequate experience, as determined by the division. (3) The division may exempt the following individuals from the certification requirements adopted under Subsection (2)(c): (a) a person who has passed a test equivalent to the level of testing required by the division for certification, or has completed an apprenticeship program that teaches the installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship Training; and (b) a person working under the immediate one-to-one supervision of a certified natural gas technician or a person exempt from certification. (4) (a) The work and scope of practice covered by this Subsection (4) is the installation, repair, maintenance, or replacement of an automatic fire sprinkler system. (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for a business entity in accordance with Section 58-55-304, where the business entity seeks to perform the work described in Subsection (4)(a). (c) Before a business entity described in Subsection (4)(b) may perform the work described in Subsection (4)(a), the qualifier for the business entity shall: (i) be a licensed general building contractor; or (ii) obtain a certification in fire sprinkler fitting from the division by providing evidence to the division that the qualifier has met the following requirements: (A) completing a Department of Labor federally approved apprentice training program or completing two-years experience under the immediate supervision of a licensee who has obtained a certification in fire sprinkler fitting; and (B) passing the Star fire sprinklerfitting mastery examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination approved by the division. (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a business entity who has received training and experience equivalent to the requirements of Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (5) (a) The scope and practice of this Subsection (5) is the installation, repair, maintenance, or replacement of a battery-charged suspended-wire system or fence that: (i) is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises; (ii) is located on property that is not designated by a municipality or county for residential use; (iii) has an energizer that is driven by a commercial storage battery that provides no more than 12 volts of direct current; (iv) produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission; (v) is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height; (vi) is not more than the higher of: (A) two feet higher than the height of the nonelectric perimeter fence or wall; or (B) 10 feet in height; (vii) is marked with conspicuous warning signs that are located on the battery-charged suspended-wire system or fence at no more than 30-foot intervals and that read "WARNING -- ELECTRIC FENCE"; and (viii) meets any rules related to battery-charged suspended-wire systems or fences adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) Before a business entity or person may perform the scope of work described in Subsection (5)(a), the business entity or person shall be a licensed alarm business or company or a licensed alarm company agent. (6) This section does not prohibit a licensed specialty contractor from accepting and entering into a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades, other than that in which the contractor is licensed, is incidental and supplemental to the work for which the contractor is licensed.
Utah Code § 58-46a-301 — Utah Code / Title 58 / Chapter 58-46a / § 58-46a-301
§ 58-46a-301. License required -- License classifications.
Status: in_force

(1) A license is required to engage in the practice of hearing instrument specialist or hearing instrument intern, except as specifically provided in Section 58-1-307 or 58-46a-305. (2) The division shall issue to an individual qualified under the provisions of this chapter a license in the classification of: (a) hearing instrument specialist; or (b) hearing instrument intern.
Utah Code § 58-67-801 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-801
§ 58-67-801. Disclosure of financial interest by licensee.
Status: in_force

(1) Licensees under this chapter may not refer patients, clients, or customers to any clinical laboratory, ambulatory or surgical care facilities, or other treatment or rehabilitation services such as physical therapy, cardiac rehabilitation, radiology services, dispensing optical lens facility, or lithotripsy, in which the licensee or a member of the licensee's immediate family has any financial relationship as that term is described in 42 U.S.C. 1395nn, unless the licensee at the time of making the referral discloses that relationship, in writing, to the patient, client, or customer. (2) The written disclosure under Subsection (1) shall also state the patient may choose any facility or service center for purpose of having the laboratory work or treatment service performed.
Utah Code § 58-15-201 — Utah Code / Title 58 / Chapter 58-15 / § 58-15-201
§ 58-15-201. Health Facility Administrators Licensing Board.
Status: in_force

(1) There is created a Health Facility Administrators Licensing Board consisting of: (a) one administrator from a skilled nursing facility; (b) two administrators from intermediate care facilities; (c) one administrator from an intermediate care facility for people with an intellectual disability; and (d) one member from the general public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) (a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203. (b) The board, in collaboration with the division, may establish continuing education requirements by rule. (c) Board members may not receive compensation for their involvement in continuing education programs.
Utah Code § 58-1-403 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-403
§ 58-1-403. Minimum 90-day suspension.
Status: in_force

A license may not be reinstated subsequent to action taken under Section 58-1-401 within 90 days after the action has been taken, unless the division in collaboration with the appropriate board imposes other conditions.
Utah Code § 58-60-107 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-107
§ 58-60-107. Exemptions from licensure.
Status: in_force

(1) Except as modified in Section 58-60-103, the exemptions from licensure in Section 58-1-307 apply to this chapter. (2) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the definition of practice as a mental health therapist, subject to the stated circumstances and limitations, without being licensed under this chapter: (a) the following when practicing within the scope of the license held: (i) a physician and surgeon or osteopathic physician and surgeon licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; (ii) an advanced practice registered nurse, specializing in psychiatric mental health nursing, licensed under Chapter 31b, Nurse Practice Act; (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and (iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act, and specializing in mental health care under Section 58-70a-501.1; (b) a recognized member of the clergy while functioning in a ministerial capacity as long as the member of the clergy does not represent that the member of the clergy is, or use the title of, a license classification in Subsection 58-60-102(15); (c) an individual who is offering expert testimony in a proceeding before a court, administrative hearing, deposition upon the order of a court or other body having power to order the deposition, or a proceeding before a master, referee, or alternative dispute resolution provider; (d) an individual engaged in performing hypnosis who is not licensed under this title in a profession which includes hypnosis in its scope of practice, and who: (i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or altering lifestyles or habits, such as eating or smoking, through hypnosis; (B) consults with a client to determine current motivation and behavior patterns; (C) prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience; (D) tests clients to determine degrees of suggestibility; (E) applies hypnotic techniques based on interpretation of consultation results and analysis of client's motivation and behavior patterns; and (F) trains clients in self-hypnosis conditioning; (ii) may not: (A) engage in the practice of mental health therapy; (B) use the title of a license classification in Subsection 58-60-102(15); or (C) use hypnosis with or treat a medical, psychological, or dental condition defined in generally recognized diagnostic and statistical manuals of medical, psychological, or dental disorders; (e) an individual's exemption from licensure under Subsection 58-1-307(1)(b) terminates when the student's training is no longer supervised by qualified faculty or staff and the activities are no longer a defined part of the degree program; (f) an individual holding an earned doctoral degree or master's degree in social work, marriage and family therapy, or clinical mental health counseling, who is employed by an accredited institution of higher education and who conducts research and teaches in that individual's professional field, but only if the individual does not engage in providing or supervising professional services regulated under this chapter to individuals or groups regardless of whether there is compensation for the services; (g) an individual in an on-the-job training program approved by the division while under the supervision of qualified persons; (h) an individual providing general education in the subjects of alcohol, drug use, or substance use disorders, including prevention; (i) an individual providing advice or counsel to another individual in a setting of their association as friends or relatives and in a nonprofessional and noncommercial relationship, if there is no compensation paid for the advice or counsel; and (j) an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely or short term transitional substance use disorder counseling remotely to a client in Utah if: (i) the individual is present in the state or territory where the individual is licensed to practice mental health therapy or substance use disorder counseling; (ii) the client relocates to Utah; (iii) the client is a client of the individual immediately before the client relocates to Utah; (iv) the individual provides the short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client only during the 90 day period beginning on the day on which the client relocates to Utah; (v) within one day after the day on which the individual first provides mental health therapy or substance use disorder counseling remotely to the client in Utah, the individual provides written notice to the division of the individual's intent to provide short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client; and (vi) the individual does not engage in unlawful conduct or unprofessional conduct. (3) (a) As used in this Subsection (3): (i) "Prescribe" means the same as that term is defined in Section 58-17b-102. (ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102. (b) Except as otherwise provided in an interstate compact enacted under this title, an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah, and who provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah: (i) may not prescribe a prescription drug for a client in Utah unless the individual is licensed in Utah to prescribe the prescription drug; (ii) shall, before providing mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, be aware of: (A) how to access emergency services and resources in Utah; and (B) all applicable laws and rules regarding the required or permitted reporting or disclosing of confidential client communications; (iii) shall, within one day after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, submit to the division a signed notice, in the form required by the division, notifying the division that the individual is providing therapy or counseling under the exemption in this Subsection (3); and (iv) shall obtain a Utah license: (A) within nine months after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah; or (B) if at any time the individual provides mental health therapy remotely or substance use disorder counseling remotely to more than one client in Utah. (4) The division shall report to the Health and Human Services Interim Committee at or before the committee's October 2026 meeting regarding the exemption described in Subsection (3), including information about any complaints the division has received concerning individuals who have provided therapy or counseling under that exemption.
Utah Code § 58-11a-303 — Utah Code / Title 58 / Chapter 58-11a / § 58-11a-303
§ 58-11a-303. Terms of license -- Expiration -- Renewal.
Status: in_force

(1) (a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule, except that an instructor license is a one-time certificate and does not expire unless the licensee fails to keep current the license that qualified the licensee to be an instructor under Section 58-11a-302.21. (b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers. (2) At the time of renewal, a licensed school shall show satisfactory evidence that the school meets the standards for that type of school, including staff, curriculum, and accreditation requirements, established by rule. (3) Each license expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Utah Code § 58-37f-102 — Utah Code / Title 58 / Chapter 58-37f / § 58-37f-102
§ 58-37f-102. Definitions.
Status: in_force

(1) The definitions in Section 58-37-101 apply to this chapter. (2) As used in this chapter: (a) "Board" means the Utah State Board of Pharmacy created in Section 58-17b-201. (b) "Business associate" is as defined under the HIPAA privacy, security, and breach notification rules in 45 C.F.R. 164.502(a), 164.504(e), and 164.532(d) and (e). (c) "Database" means the controlled substance database created in Section 58-37f-201. (d) "De-identified" is as defined in 45 C.F.R. 164.502(d) and 164.514(a), (b), and (c). (e) "Health care facility" is as defined in Section 26B-2-201. (f) "Mental health therapist" is as defined in Section 58-60-102. (g) "Pharmacy" or "pharmaceutical facility" is as defined in Section 58-17b-102. (h) "Prospective patient" means an individual who: (i) is seeking medical advice, medical treatment, or medical services from a practitioner; and (ii) the practitioner described in Subsection (2)(h)(i) is considering accepting as a patient. (i) "Substance abuse treatment program" is as defined in Section 26B-2-101.
Utah Code § 58-17b-621 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-621
§ 58-17b-621. Automated pharmacy systems.
Status: in_force

Automated pharmacy systems can be utilized in licensed pharmacies, remote locations under the jurisdiction of the Utah State Board of Pharmacy, and licensed health care facilities where legally permissible, as approved by the division in collaboration with the board, and described in rule.
Utah Code § 58-61-714 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-714
§ 58-61-714. Third party payment for licensed behavior analyst.
Status: in_force

Notwithstanding the provisions of Section 31A-22-618, payment from third party payers for behavior analysis may be limited to: (1) a licensed behavior analyst as defined in Section 58-61-702; and (2) the following, working within the scope of their practice: (a) a physician licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act; (b) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice Act; (c) a psychologist licensed under this chapter; (d) a clinical social worker licensed under Chapter 60, Part 2, Social Worker Licensing Act; (e) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and Family Therapist Licensing Act; and (f) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act.
Utah Code § 58-60-306 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-306
§ 58-60-306. Qualifications for admission to examination.
Status: in_force

All applicants for admission to any examination qualifying an individual for licensure under this part shall: (1) submit an application on a form provided by the division; (2) pay the fee established for the examination; and (3) certify under penalty of perjury as evidenced by notarized signature on the application for admission to the examination that the applicant has completed the education requirement and been awarded the earned degree required for licensure.
Utah Code § 58-15-501 — Utah Code / Title 58 / Chapter 58-15 / § 58-15-501
§ 58-15-501. Penalty for unlawful conduct.
Status: in_force

A person who violates the unlawful conduct provisions defined in Subsection 58-1-501(1) is guilty of a class B misdemeanor.
Utah Code § 58-71-801 — Utah Code / Title 58 / Chapter 58-71 / § 58-71-801
§ 58-71-801. Disclosure of financial interest by licensee -- Kick-back prohibition.
Status: in_force

(1) Except as provided in Subsection (2), a naturopathic physician may not refer an individual to any of the following entities where the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest: (a) a pharmacy as defined in Section 58-17b-102 or pharmaceutical facility as defined in Section 58-17b-102; or (b) a retail store, wholesaler, distributor, manufacturer, or facility of any other kind located in this state that is engaged in the sale, dispensing, delivery, distribution, or manufacture of homeopathic remedies, dietary supplements, or natural medicines. (2) (a) A naturopathic physician may refer an individual to an entity described in Subsection (1)(a) or (b) if: (i) the entity's stock is publicly traded and the naturopathic physician owns less than 5% of the entity's outstanding stock; or (ii) at the time of the referral, the naturopathic physician discloses in writing that the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest in the entity. (b) A disclosure described in Subsection (2)(a)(ii) shall include a statement informing the patient that the patient may choose to obtain a good or service from another entity. (c) A naturopathic physician shall comply with any applicable federal laws regarding patient referrals and kick-backs that apply to a physician. (3) A naturopathic physician may sell from the naturopathic physician's office homeopathic remedies or dietary supplements as defined in the Federal Food Drug and Cosmetic Act consistent with division rule.
Utah Code § 58-84-301 — Utah Code / Title 58 / Chapter 58-84 / § 58-84-301
§ 58-84-301. Unlawful conduct.
Status: in_force

(1) It is unlawful for a person who is not a state certified music therapist to use the title state certified music therapist, or represent that the person is a state certified music therapist, in connection with the person's name or business. (2) It is unlawful for a state certified person whose board certification is suspended, placed on probation, revoked, or has expired for any reason to use the title state certified music therapist, or represent that the person is a state certified music therapist, in connection with the person's name or business.
Utah Code § 58-73-601 — Utah Code / Title 58 / Chapter 58-73 / § 58-73-601
§ 58-73-601. Scope of practice for a chiropractic physician.
Status: in_force

7/1/2026 (1) A chiropractic physician licensed under this chapter may engage in the practice of chiropractic as defined in Section 58-73-102 in accordance with the following standards. (2) A chiropractic physician may: (a) examine, diagnose, and treat only within the scope of chiropractic as described in this Subsection (2); (b) (i) use x-ray for diagnostic purposes only; and (ii) order, for diagnostic purposes only: (A) ultrasound; (B) magnetic resonance imaging; and (C) computerized tomography; (c) administer: (i) physical agents, including light, heat, cold, water, air, sound, compression, electricity, and electromagnetic radiation except gamma radiation; and (ii) physical activities and devices, including: (A) exercise with and without devices; (B) joint mobilization; (C) mechanical stimulation; (D) postural drainage; (E) traction; (F) positioning; (G) wound debridement, cleansing, and dressing changes; (H) splinting; (I) training in locomotion and other functional activities with and without assistance devices; and (J) correction of posture, body mechanics, and gait; (d) administer the following topically applied medicinal agents, including steroids, anesthetics, coolants, and analgesics for wound care and for musculoskeletal treatment, including their use by iontophoresis or phonophoresis; (e) treat pain incident to major or minor surgery, cancer, obstetrics, or x-ray therapy; (f) utilize immobilizing appliances, casts, and supports for support purposes, but may not set displaced bone fractures; (g) inform the patient of possible side effects of medication and recommend referral to the prescribing practitioner; (h) provide instruction in the use of physical measures, activities, and devices for preventive and therapeutic purposes; (i) provide consulting, educational, and other advisory services for the purposes of reducing the incidence and severity of physical disability, movement dysfunctions, bodily malfunction, and pain; (j) treat a human being to assess, prevent, correct, alleviate, and limit physical disability, movement dysfunction, bodily malfunction, and pain resulting from disorders, congenital and aging conditions, injury, and disease; and (k) administer, interpret, and evaluate tests. (3) A chiropractic physician may not: (a) perform incisive surgery; (b) administer drugs or medicines for which an authorized prescription is required by law except as provided in Subsection (2)(d); (c) treat cancer; (d) practice obstetrics; (e) prescribe or administer x-ray therapy; or (f) set displaced fractures. (4) A chiropractic physician shall assume responsibility for the chiropractic physician's examinations, diagnoses, and treatment. (5) Nothing in this section authorizes a chiropractic physician to prescribe, possess for dispensing, dispense, purchase without a prescription written by a licensed and authorized practitioner, or administer, except under Subsection (2)(d), a drug requiring a prescription to dispense, under Chapter 17b, Pharmacy Practice Act, or Chapter 37, Controlled Substances. (6) Only primary health care providers licensed under this title as osteopathic physicians, physicians and surgeons, naturopaths, and chiropractic physicians, may diagnose, adjust, manipulate, or therapeutically position the articulation of the spinal column to the extent permitted by their scopes of practice.7/1/2026 (1) A chiropractic physician licensed under this chapter may engage in the practice of chiropractic as defined in Section 58-73-102 in accordance with the following standards. (2) A chiropractic physician may: (a) examine, diagnose, and treat only within the scope of chiropractic as described in this Subsection (2); (b) (i) use x-ray for diagnostic purposes only; and (ii) order, for diagnostic purposes only: (A) ultrasound; (B) magnetic resonance imaging; and (C) computerized tomography; (c) administer: (i) physical agents, including light, heat, cold, water, air, sound, compression, electricity, and electromagnetic radiation except gamma radiation; and (ii) physical activities and devices, including: (A) exercise with and without devices; (B) joint mobilization; (C) mechanical stimulation; (D) postural drainage; (E) traction; (F) positioning; (G) wound debridement, cleansing, and dressing changes; (H) splinting; (I) training in locomotion and other functional activities with and without assistance devices; and (J) correction of posture, body mechanics, and gait; (d) administer the following topically applied medicinal agents, including steroids, anesthetics, coolants, and analgesics for wound care and for musculoskeletal treatment, including their use by iontophoresis or phonophoresis; (e) treat pain incident to major or minor surgery, cancer, obstetrics, or x-ray therapy; (f) utilize immobilizing appliances, casts, and supports for support purposes, but may not set displaced bone fractures; (g) inform the patient of possible side effects of medication and recommend referral to the prescribing practitioner; (h) provide instruction in the use of physical measures, activities, and devices for preventive and therapeutic purposes; (i) provide consulting, educational, and other advisory services for the purposes of reducing the incidence and severity of physical disability, movement dysfunctions, bodily malfunction, and pain; (j) treat a human being to assess, prevent, correct, alleviate, and limit physical disability, movement dysfunction, bodily malfunction, and pain resulting from disorders, congenital and aging conditions, injury, and disease; and (k) administer, interpret, and evaluate tests. (3) A chiropractic physician may not: (a) perform incisive surgery; (b) administer drugs or medicines for which an authorized prescription is required by law except as provided in Subsection (2)(d); (c) treat cancer; (d) practice obstetrics; (e) prescribe or administer x-ray therapy; or (f) set displaced fractures. (4) A chiropractic physician shall assume responsibility for the chiropractic physician's examinations, diagnoses, and treatment. (5) Nothing in this section authorizes a chiropractic physician to prescribe, possess for dispensing, dispense, purchase without a prescription written by a licensed and authorized practitioner, or administer, except under Subsection (2)(d), a drug requiring a prescription to dispense, under Chapter 17b, Pharmacy Practice Act, or Chapter 37, Controlled Substances. (6) Only primary health care providers licensed under this title as osteopathic physicians, physicians and surgeons, naturopaths, and chiropractic physicians, may diagnose, adjust, manipulate, or therapeutically position the articulation of the spinal column to the extent permitted by their scopes of practice.
Utah Code § 58-70a-507 — Utah Code / Title 58 / Chapter 58-70a / § 58-70a-507
§ 58-70a-507. Volunteer health care services.
Status: in_force

(1) A physician assistant may provide health care services as a volunteer for a charitable organization or at a public or private event, including a religious event, youth camp, community event, or health fair, if the physician assistant: (a) receives no compensation for such services; and (b) provides the health care services in a manner that is consistent with the physician assistant's education, experience, and scope of practice. (2) Notwithstanding Subsection 58-70a-501(8), a physician assistant who is providing volunteer health services under this section may not issue a prescription to a patient for a controlled substance.
Utah Code § 58-37f-702 — Utah Code / Title 58 / Chapter 58-37f / § 58-37f-702
§ 58-37f-702. Reporting prescribed controlled substance poisoning or overdose to a practitioner.
Status: in_force

7/1/2026 (1) (a) The division shall take the actions described in Subsection (1)(b) if the division receives a report from a general acute hospital under Section 26B-2-225 regarding admission to a general acute hospital for poisoning or overdose involving a prescribed controlled substance. (b) The division shall, within five business days after the day on which a report in Subsection (1)(a) is received: (i) attempt to identify, through the database, each practitioner who may have prescribed the controlled substance to the patient; and (ii) alert each practitioner identified under Subsection (1)(b)(i) concerning the information described in this Subsection (1). (2) (a) When the division receives a report from the medical examiner under Section 26B-8-210 regarding a death caused by poisoning or overdose involving a prescribed controlled substance, for each practitioner the medical examiner identifies under Subsection 26B-8-210(1)(c), the division: (i) shall, within five business days after the day on which the division receives the report, provide the practitioner with a copy of the report; and (ii) may offer the practitioner an educational visit to review the report. (b) A practitioner may decline an educational visit described in Subsection (2)(a)(ii). (c) The division may not use, in a licensing investigation or action by the division: (i) information from an educational visit described in Subsection (2)(a)(ii); or (ii) a practitioner's decision to decline an educational visit described in Subsection (2)(a)(ii). (3) It is the intent of the Legislature that the information provided under Subsection (1) or (2) is provided for the purpose of assisting the practitioner in: (a) discussing with the patient or others issues relating to the poisoning or overdose; (b) advising the patient or others of measures that may be taken to avoid a future poisoning or overdose; and (c) making decisions regarding future prescriptions written for the patient or others. (4) Any record the division creates as a result of an educational visit described in Subsection (2)(a)(ii) is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act. (5) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, increase the licensing fee described in Subsection 58-37-105(1)(b) to pay the startup and ongoing costs of the division for complying with the requirements of this section.7/1/2026 (1) (a) The division shall take the actions described in Subsection (1)(b) if the division receives a report from a general acute hospital under Section 26B-2-225 regarding admission to a general acute hospital for poisoning or overdose involving a prescribed controlled substance. (b) The division shall, within five business days after the day on which a report in Subsection (1)(a) is received: (i) attempt to identify, through the database, each practitioner who may have prescribed the controlled substance to the patient; and (ii) alert each practitioner identified under Subsection (1)(b)(i) concerning the information described in this Subsection (1). (2) (a) When the division receives a report from the medical examiner under Section 26B-8-210 regarding a death caused by poisoning or overdose involving a prescribed controlled substance, for each practitioner the medical examiner identifies under Subsection 26B-8-210(1)(c), the division: (i) shall, within five business days after the day on which the division receives the report, provide the practitioner with a copy of the report; and (ii) may offer the practitioner an educational visit to review the report. (b) A practitioner may decline an educational visit described in Subsection (2)(a)(ii). (c) The division may not use, in a licensing investigation or action by the division: (i) information from an educational visit described in Subsection (2)(a)(ii); or (ii) a practitioner's decision to decline an educational visit described in Subsection (2)(a)(ii). (3) It is the intent of the Legislature that the information provided under Subsection (1) or (2) is provided for the purpose of assisting the practitioner in: (a) discussing with the patient or others issues relating to the poisoning or overdose; (b) advising the patient or others of measures that may be taken to avoid a future poisoning or overdose; and (c) making decisions regarding future prescriptions written for the patient or others. (4) Any record the division creates as a result of an educational visit described in Subsection (2)(a)(ii) is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act. (5) Beginning on July 1, 2010, the division shall, in accordance with Section 63J-1-504, increase the licensing fee described in Subsection 58-37-105(1)(b) to pay the startup and ongoing costs of the division for complying with the requirements of this section.
Utah Code § 58-50-2 — Utah Code / Title 58 / Chapter 58-50 / § 58-50-2
§ 58-50-2. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Board" means the Private Probation Provider Licensing Board created in Section 58-50-3. (2) "Court" means the particular court that orders probation in a case. (3) "Private probation" means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). (4) (a) "Private probation provider" means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. (b) A private probation provider does not have the authority of a peace officer. (5) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined by rule includes: (a) failure to disclose any financial or personal interest or prior relationship with parties that affects the private probation provider's impartiality or otherwise constitutes a conflict of interest; (b) providing contract probation services when any financial or personal interest or prior relationship with parties affects the private probation provider's impartiality or otherwise constitutes an actual conflict of interest; (c) failure to clearly define to the offender the services provided by the private probation provider, the rules of conduct, the criteria used, and the fees charged; (d) failure to provide adequate supervision, or supervision as ordered by the court, as determined by the division in collaboration with the board; and (e) failure to comply with the standards specified in Section 58-50-9.
Utah Code § 58-60-508 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-508
§ 58-60-508. Substance use disorder counselor supervisor's qualifications -- Functions.
Status: in_force

7/1/2026 (1) A mental health therapist supervisor of a substance use disorder counselor shall: (a) be qualified by education or experience to treat substance use disorders; (b) be currently working in the substance use disorder treatment field; (c) review substance use disorder counselor assessment procedures and recommendations; (d) provide substance use disorder diagnosis and other mental health diagnoses in accordance with Subsection 58-60-102(7); (e) supervise the development of a treatment plan; (f) approve the treatment plan; and (g) provide direct supervision for not more than six persons, unless granted an exception in writing from the board and the division. (2) A licensed advanced substance use disorder counselor may act as the supervisor of a licensed substance use disorder counselor if the licensed advanced substance use disorder counselor: (a) has at least two years of experience as a licensed advanced substance use disorder counselor; (b) is currently working in the substance use disorder field; and (c) provides direct supervision for no more than six individuals, unless granted an exception in writing from the board and the division.
Utah Code § 58-70c-112 — Utah Code / Title 58 / Chapter 58-70c / § 58-70c-112
§ 58-70c-112. Section 12 -- Construction and Severability.
Status: in_force

A. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.C. Notwithstanding subsection B or this section, the Commission may deny a State's participation in the Compact or, in accordance with the requirements of Section 10.B, terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.
Utah Code § 58-44a-502 — Utah Code / Title 58 / Chapter 58-44a / § 58-44a-502
§ 58-44a-502. Unprofessional conduct.
Status: in_force

"Unprofessional conduct" includes: (1) disregard for a patient's dignity or right to privacy as to the patient's person, condition, possessions, or medical record; (2) engaging in an act, practice, or omission which when considered with the duties and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or welfare of a patient or the public; (3) failure to confine one's practice as a certified nurse midwife to those acts or practices permitted by law; (4) failure to file or record any medical report as required by law, impeding or obstructing the filing or recording of such a report, or inducing another to fail to file or record such a report; (5) breach of a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a patient, unless ordered by the court; (6) failure to pay a penalty imposed by the division; (7) prescribing a schedule II-III controlled substance without a consulting physician; (8) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation; (9) (a) failure to have and maintain a safe mechanism for obtaining medical consultation, collaboration, and referral with a consulting physician, including failure to identify one or more consulting physicians in the written documents required by Subsection 58-44a-102(9)(b)(iii); or (b) representing that the certified nurse midwife is in compliance with Subsection (9)(a) when the certified nurse midwife is not in compliance with Subsection (9)(a); or (10) falsely making an entry in, or altering, a medical record with the intent to conceal: (a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or (b) conduct described in Subsections (1) through (9) or Subsection 58-1-501(1).
Utah Code § 58-4a-111 — Utah Code / Title 58 / Chapter 58-4a / § 58-4a-111
§ 58-4a-111. Reporting.
Status: in_force

(1) Program contracts shall allow the division to report regularly to the licensee's Utah professional licensing board regarding the licensee's progress in the program to the extent that reporting does not violate HIPAA. (2) The executive advisory committee and the clinical advisory committee described in Section 58-4a-104 may assist Utah professional licensing boards and division staff in monitoring the compliance of a licensee who has entered into a program contract.
Utah Code § 58-77-303 — Utah Code / Title 58 / Chapter 58-77 / § 58-77-303
§ 58-77-303. Term of license -- Expiration -- Renewal.
Status: in_force

(1) (a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. (b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers. (2) Each license automatically expires on the expiration date shown on the license unless the individual renews it in accordance with Section 58-1-308. (3) At the time of renewal, the licensed direct-entry midwife shall be in current compliance with the requirements of Section 58-77-302.
Utah Code § 58-61-702 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-702
§ 58-61-702. Definitions.
Status: in_force

In addition to the definitions in Section 58-61-102, as used in this part: (1) "Confidential communication" means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation of or interview with the client, patient, or authorized agent, which is: (a) (i) transmitted between the client, patient, or authorized agent and an individual licensed or registered under this part in the course of that relationship; or (ii) transmitted among the client, patient, or authorized agent, an individual licensed or registered under this part, and individuals who are participating in the assessment or treatment in conjunction with an individual licensed or registered under this part, including the authorized agent or members of the client's or patient's family; and (b) made in confidence, for the assessment or treatment of the client or patient by the individual who is licensed or registered under this part, and by a means not intended to be disclosed to a third party other than an individual: (i) present to further the interest of the client or patient in the consultation, assessment or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the assessment and treatment of the client or patient in conjunction with the behavior analyst or behavior specialist. (2) "Licensed assistant behavior analyst" means an individual licensed under this part to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. (3) "Licensed behavior analyst" means an individual licensed under this part to engage in the practice of behavior analysis. (4) (a) "Practice of behavior analysis" means the design and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior and includes the following: (i) the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; (ii) interventions based on scientific research and the direct observation and measurement of behavior and environment; and (iii) utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. (b) "Practice of behavior analysis" does not include: (i) diagnosis of a mental or physical disorder; (ii) psychological testing; (iii) educational testing; (iv) neuropsychology; (v) neuropsychological testing; (vi) mental health therapy; (vii) psychotherapy; (viii) counseling; (ix) biofeedback; (x) neurofeedback; (xi) cognitive therapy; (xii) sex therapy; (xiii) psychoanalysis; or (xiv) hypnotherapy. (5) "Registered assistant behavior specialist" means an individual who: (a) is employed: (i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services; (ii) to provide behavior analysis; and (iii) on or before May 15, 2015; (b) limits the practice of behavior analysis to the contract described in Subsection (5)(a)(i); and (c) is registered under this part with the division to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. (6) "Registered behavior specialist" means an individual who: (a) is employed: (i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services to provide behavior analysis; and (ii) on or before May 15, 2015; (b) limits the practice of behavior analysis to the contract described in Subsection (6)(a)(i); and (c) is registered under this part with the division to engage in the practice of behavior analysis.
Utah Code § 58-1-201 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-201
§ 58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in professional school that teaches continuing education prohibited.
Status: in_force

(1) (a) (i) The executive director shall appoint the members of the boards established under this title. (ii) In appointing the board members the executive director shall give consideration to recommendations by members of the respective professions and the professions' organizations. (b) Each board shall be composed of five members, four of whom are licensed or certified practitioners in good standing of the profession the board represents, and one of whom is a member of the general public, unless otherwise provided under the specific licensing chapter. (c) (i) The name of each individual appointed to a board shall be submitted to the governor for confirmation or rejection. (ii) If an appointee is rejected by the governor, the executive director shall appoint another individual in the same manner as set forth in Subsection (1)(a). (2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members expire, the executive director shall appoint each new board member or reappointed board member to a four-year term. (ii) Upon the expiration of the term of a board member, the board member shall continue to serve until a successor is appointed, but for a period not to exceed six months from the expiration date of the board member's term. (b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (c) A board member may not serve more than two consecutive terms, and a board member who ceases to serve on a board may not serve again on that board until after the expiration of a two-year period beginning from that cessation of service. (d) (i) When a vacancy occurs in the board membership for any reason, the replacement shall be appointed for the unexpired term. (ii) After filling that term, the replacement board member may be appointed for only one additional full term. (e) The director, with the approval of the executive director, may remove a board member and replace the board member in accordance with this section for the following reasons: (i) the board member fails or refuses to fulfill the responsibilities and duties of a board member, including attendance at board meetings; (ii) the board member engages in unlawful or unprofessional conduct; or (iii) if appointed to the board position as a licensed member of the board, the board member fails to maintain a license that is active and in good standing. (3) (a) A majority of the board members constitutes a quorum. (b) Except as provided in Subsection 58-1-109(3), a quorum is sufficient authority for the board to act. (4) A board member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. (5) Each board shall annually designate one of the board's members to serve as chair for a one-year period. (6) A board member may not be a member of the faculty of, or have a financial interest in, a vocational or professional college or school that provides continuing education to any licensee if that continuing education is required by statute or rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-60b-108 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-108
§ 58-60b-108. Section 8 -- Military families.
Status: in_force

An Active Military Member or their spouse shall designate a Home State where the individual has a Multistate License. The individual may retain their Home State designation during the period the service member is on active duty.
Utah Code § 58-40-304 — Utah Code / Title 58 / Chapter 58-40 / § 58-40-304
§ 58-40-304. Continuing education.
Status: in_force

(1) In collaboration with the board, the division shall make rules to provide that as a condition precedent for license renewal, a licensee shall complete continuing education requirements during each license period. (2) In addition to a continuing education requirement provided by the division under Subsection (1), the division shall require a licensee, as a condition of renewal of the licensee's license, to complete a minimum of two hours of training in suicide prevention via a course that the division designates as approved.
Utah Code § 58-89-112 — Utah Code / Title 58 / Chapter 58-89 / § 58-89-112
§ 58-89-112. Effective date, withdrawal, and amendment.
Status: in_force

(1) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State. (a) On or after the effective date of the Compact, the Compact Commission shall convene and review the enactment of each of the first seven Member States ("Charter Member States") to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute. (i) A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 58-89-111. (ii) If any Member State is later found to be in default, or is terminated, or withdraws from the Compact, the Compact Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven. (b) Member States enacting the Compact subsequent to the seven initial Charter Member States shall be subject to the process set forth in Subsection 58-89-108(3)(u) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact. (c) All actions taken for the benefit of the Compact Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Compact Commission coming into existence shall be considered to be actions of the Compact Commission unless specifically repudiated by the Compact Commission. (d) Any State that joins the Compact subsequent to the Compact Commission's initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Compact Commission shall have the full force and effect of law on the day the Compact becomes law in that State. (2) Any Member State may withdraw from this Compact by enacting a statute repealing the same. (a) A Member State's withdrawal shall not take effect until 180 days after enactment of the repealing statute. (b) Withdrawal shall not affect the continuing requirement of the withdrawing States Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal. (c) Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all Compact Privileges granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal. (3) Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact. (4) This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
Utah Code § 58-91-601 — Utah Code / Title 58 / Chapter 58-91 / § 58-91-601
§ 58-91-601. State preemption of local regulation.
Status: in_force

(1) Notwithstanding Title 17, Chapter 78, Part 6, Constables, or Section 10-7-87, a political subdivision of this state may not enact any ordinance, adopt any resolution, or make any policies relating to the licensing or regulation of constables. (2) Any ordinance, resolution, or policy made by any political subdivision of this state relating to the licensing, training, or regulation of constables is superseded by this chapter. (3) This section does not prevent a contracting governmental entity from: (a) including in a contract between a licensed constable and the contracting governmental entity any provision that does not conflict with Subsection (1); or (b) requiring a constable to conform with the contracting governmental entity's training, process, standards, or other procedures when making an arrest or transporting a prisoner at the direction and authorization of the contracting governmental entity.
Utah Code § 58-37f-304 — Utah Code / Title 58 / Chapter 58-37f / § 58-37f-304
§ 58-37f-304. Database utilization.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Dispenser" means a licensed pharmacist, as described in Section 58-17b-303, the pharmacist's licensed intern, as described in Section 58-17b-304, or licensed pharmacy technician, as described in Section 58-17b-305, working under the supervision of a licensed pharmacist who is also licensed to dispense a controlled substance under Chapter 37, Controlled Substances. (b) "Outpatient" means a setting in which an individual visits a licensed healthcare facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a licensed healthcare facility for an overnight stay. (c) "Prescriber" means an individual authorized to prescribe a controlled substance under Chapter 37, Controlled Substances. (d) "Schedule II opioid" means those substances listed in Subsection 58-37-108(2)(b)(i) or (2)(b)(ii). (e) "Schedule III opioid" means those substances listed in Subsection 58-37-108(2)(c) that are opioids. (2) (a) A prescriber shall check the database for information about a patient before the first time the prescriber gives a prescription to a patient for a Schedule II opioid or a Schedule III opioid. (b) If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid to a patient, the prescriber shall periodically review information about the patient in: (i) the database; or (ii) other similar records of controlled substances the patient has filled. (c) A prescriber may assign the access and review required under Subsection (2)(a) to one or more employees in accordance with Subsections 58-37f-301(2)(i) and (j). (d) (i) A prescriber may comply with the requirements in Subsections (2)(a) and (b) by checking an electronic health record system if the electronic health record system: (A) is connected to the database through a connection that the division approves; and (B) displays the information from the database in a prominent manner for the prescriber. (ii) The division may not approve a connection to the database if the connection does not satisfy the requirements the division makes in accordance with Section 58-37f-301. (e) A prescriber is not in violation of the requirements of Subsection (2)(a) or (b) if the failure to comply with Subsection (2)(a) or (b): (i) is necessary due to an emergency situation as the division defines by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) is caused by a suspension or disruption in the operation of the database; or (iii) is caused by a failure in the operation or availability of the internet. (f) The division may not take action against the license of a prescriber for failure to comply with this Subsection (2) unless the failure occurs after the earlier of: (i) December 31, 2018; or (ii) the date that the division has the capability to establish a connection that meets the requirements the division makes in accordance with Section 58-37f-301 between the database and an electronic health record system. (3) The division shall, in collaboration with the licensing boards for prescribers and dispensers: (a) develop a system that gathers and reports to prescribers and dispensers the progress and results of the prescriber's and dispenser's individual access and review of the database, as provided in this section; and (b) reduce or waive the division's continuing education requirements regarding opioid prescriptions, described in Section 58-37-303, including the online tutorial and test relating to the database, for prescribers and dispensers whose individual utilization of the database, as the division determines, demonstrates substantial compliance with this section. (4) If the dispenser's access and review of the database suggest that the individual seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with generally recognized standards as provided in this section and Section 58-37f-201, the dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed, current, and professional decision regarding whether the prescribed opioid is medically justified, notwithstanding the results of the database search. (5) (a) The division shall review the database to identify any prescriber who has a pattern of prescribing opioids not in accordance with the recommendations of: (i) the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the Centers for Disease Control and Prevention; (ii) the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain, published by the Department of Health and Human Services; or (iii) other publications describing best practices related to prescribing opioids as the division identifies in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the Medical Licensing Board. (b) The division shall offer education to a prescriber identified under this Subsection (5) regarding best practices in the prescribing of opioids. (c) A decision by a prescriber to accept or not accept the education the division offers under this Subsection (5) is voluntary. (d) The division may not use an identification the division has made under this Subsection (5) or the decision by a prescriber to accept or not accept education the division offers under this Subsection (5) in a licensing investigation or action by the division. (e) Any record the division creates as a result of this Subsection (5) is a protected record under Section 63G-2-305. (6) The division may consult with a prescriber or health care system to assist the prescriber or health care system in following evidence-based guidelines regarding the prescribing of controlled substances, including the recommendations listed in Subsection (5)(a).7/1/2026 (1) As used in this section: (a) "Dispenser" means a licensed pharmacist, as described in Section 58-17b-303, the pharmacist's licensed intern, as described in Section 58-17b-304, or licensed pharmacy technician, as described in Section 58-17b-305, working under the supervision of a licensed pharmacist who is also licensed to dispense a controlled substance under Chapter 37, Controlled Substances. (b) "Outpatient" means a setting in which an individual visits a licensed healthcare facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a licensed healthcare facility for an overnight stay. (c) "Prescriber" means an individual authorized to prescribe a controlled substance under Chapter 37, Controlled Substances. (d) "Schedule II opioid" means those substances listed in Subsection 58-37-108(2)(b)(i) or (2)(b)(ii). (e) "Schedule III opioid" means those substances listed in Subsection 58-37-108(2)(c) that are opioids. (2) (a) A prescriber shall check the database for information about a patient before the first time the prescriber gives a prescription to a patient for a Schedule II opioid or a Schedule III opioid. (b) If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid to a patient, the prescriber shall periodically review information about the patient in: (i) the database; or (ii) other similar records of controlled substances the patient has filled. (c) A prescriber may assign the access and review required under Subsection (2)(a) to one or more employees in accordance with Subsections 58-37f-301(2)(i) and (j). (d) (i) A prescriber may comply with the requirements in Subsections (2)(a) and (b) by checking an electronic health record system if the electronic health record system: (A) is connected to the database through a connection that the division approves; and (B) displays the information from the database in a prominent manner for the prescriber. (ii) The division may not approve a connection to the database if the connection does not satisfy the requirements the division makes in accordance with Section 58-37f-301. (e) A prescriber is not in violation of the requirements of Subsection (2)(a) or (b) if the failure to comply with Subsection (2)(a) or (b): (i) is necessary due to an emergency situation as the division defines by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) is caused by a suspension or disruption in the operation of the database; or (iii) is caused by a failure in the operation or availability of the internet. (f) The division may not take action against the license of a prescriber for failure to comply with this Subsection (2) unless the failure occurs after the earlier of: (i) December 31, 2018; or (ii) the date that the division has the capability to establish a connection that meets the requirements the division makes in accordance with Section 58-37f-301 between the database and an electronic health record system. (3) The division shall, in collaboration with the licensing boards for prescribers and dispensers: (a) develop a system that gathers and reports to prescribers and dispensers the progress and results of the prescriber's and dispenser's individual access and review of the database, as provided in this section; and (b) reduce or waive the division's continuing education requirements regarding opioid prescriptions, described in Section 58-37-303, including the online tutorial and test relating to the database, for prescribers and dispensers whose individual utilization of the database, as the division determines, demonstrates substantial compliance with this section. (4) If the dispenser's access and review of the database suggest that the individual seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with generally recognized standards as provided in this section and Section 58-37f-201, the dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed, current, and professional decision regarding whether the prescribed opioid is medically justified, notwithstanding the results of the database search. (5) (a) The division shall review the database to identify any prescriber who has a pattern of prescribing opioids not in accordance with the recommendations of: (i) the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the Centers for Disease Control and Prevention; (ii) the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain, published by the Department of Health and Human Services; or (iii) other publications describing best practices related to prescribing opioids as the division identifies in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the Medical Licensing Board. (b) The division shall offer education to a prescriber identified under this Subsection (5) regarding best practices in the prescribing of opioids. (c) A decision by a prescriber to accept or not accept the education the division offers under this Subsection (5) is voluntary. (d) The division may not use an identification the division has made under this Subsection (5) or the decision by a prescriber to accept or not accept education the division offers under this Subsection (5) in a licensing investigation or action by the division. (e) Any record the division creates as a result of this Subsection (5) is a protected record under Section 63G-2-305. (6) The division may consult with a prescriber or health care system to assist the prescriber or health care system in following evidence-based guidelines regarding the prescribing of controlled substances, including the recommendations listed in Subsection (5)(a).
Utah Code § 58-60-101 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-101
§ 58-60-101. Title.
Status: in_force

This chapter is known as the "Mental Health Professional Practice Act."
Utah Code § 58-56-17.5 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-17.5
§ 58-56-17.5. Factory Built Housing Fees Restricted Account.
Status: in_force

(1) There is created within the General Fund a restricted account known as "Factory Built Housing Fees Account." (2) (a) The restricted account shall be funded from the fees the dealer collects and remits to the division for each factory built home the dealer sells as provided in Subsection 58-56-17(1). (b) The division shall deposit all money collected under Subsection 58-56-17(1) in the restricted account. (c) The restricted account shall be used to pay for education and enforcement of this chapter and Title 15A, Chapter 1, Part 3, Factory Built Housing and Modular Units Administration Act, including investigations and administrative actions and the funding of additional employees to the amount of the legislative appropriation. (d) The restricted account may accrue interest which shall be deposited into the restricted account.
Utah Code § 58-68-601 — Utah Code / Title 58 / Chapter 58-68 / § 58-68-601
§ 58-68-601. Mentally incompetent or incapacitated osteopathic physician.
Status: in_force

(1) As used in this section: (a) "Incapacitated person" means a person who is incapacitated, as defined in Section 75-1-201. (b) "Licensee" means an individual licensed under this chapter. (c) "Mental illness" means the same as that term is defined in Section 26B-5-301. (2) If a court of competent jurisdiction determines a licensee is an incapacitated person or that the licensee has a mental illness and is unable to safely engage in the practice of medicine, the director shall immediately suspend the license of the licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending. The director shall promptly notify the licensee, in writing, of the suspension. (3) (a) If the division and a majority of the board find reasonable cause to believe a licensee, who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing osteopathic medicine with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the licensee with a notice of hearing on the sole issue of the capacity of the licensee to competently and safely engage in the practice of medicine. (b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4, Administrative Procedures Act, except as provided in Subsection (4). (4) (a) Every individual who accepts the privilege of being licensed under this chapter gives consent to: (i) submitting at the licensee's own expense to an immediate mental or physical examination when directed in writing by the division and a majority of the board to do so; and (ii) the admissibility of the reports of the examining physician's testimony or examination, and waives all objections on the ground the reports constitute a privileged communication. (b) The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe: (i) the licensee has a mental illness, is incapacitated, or otherwise unable to practice medicine with reasonable skill and safety; and (ii) immediate action by the division and the board is necessary to prevent harm to the licensee's patients or the general public. (c) (i) Failure of a licensee to submit to the examination ordered under this section is a ground for the division's immediate suspension of the licensee's license by written order of the director. (ii) The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the licensee and was not related directly to the illness or incapacity of the licensee. (5) (a) A licensee whose license is suspended under Subsection (2) or (3) has the right to a hearing to appeal the suspension within 10 days after the license is suspended. (b) The hearing held under this subsection shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the licensee's patients or the general public. (6) A licensee whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the licensee, under procedures established by division rule, regarding any change in the licensee's condition, to determine whether: (a) the licensee is or is not able to safely and competently engage in the practice of medicine; and (b) the licensee is qualified to have the licensee's license to practice under this chapter restored completely or in part.
Utah Code § 58-67b-115 — Utah Code / Title 58 / Chapter 58-67b / § 58-67b-115
§ 58-67b-115. Section 14 -- Organization and operation of the Interstate Commission.
Status: in_force

(1) The Interstate Commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 months of the first Interstate Commission meeting. (2) The Interstate Commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. (3) Officers selected in Subsection (2) shall serve without remuneration from the Interstate Commission. (4) (a) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (b) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this Subsection (4)(b) shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (c) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (d) To the extent not covered by the state involved, the member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Utah Code § 58-56-9.4 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-9.4
§ 58-56-9.4. Investigation of regulated activity.
Status: in_force

(1) The division is responsible for the investigation of a person or an activity that violates the provisions of this chapter. (2) An investigation by the division may include: (a) a requirement that potential administrative appeals described in Section 15A-1-207 have been exhausted before conducting the investigation; (b) an investigation of a person engaged in unlawful or unprofessional conduct; and (c) a referral to the Uniform Building Code Commission to review a dispute involving an application or interpretation of a building code or construction law by a licensee.
Utah Code § 58-1-303 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-303
§ 58-1-303. Temporary license.
Status: in_force

(1) (a) The division may issue a temporary license to a person who has met all license requirements 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 examination results if the applicant fails the examination. (b) The division may issue a temporary license to a person licensed in another state or country who is in Utah temporarily to teach or assist a Utah resident licensed to practice an occupation or profession under this title. (c) The division may issue a temporary license to a person licensed in another state who met the requirements for licensure in that state, which were equal to or greater than the requirements for licensure of this state at the time the license was obtained in the other state, upon a finding by the division, in collaboration with the appropriate board, that the issuance of a temporary license is necessary to or justified by: (i) a local or national emergency or any governmental action causing an unusual circumstance 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 an occupation or profession licensed under this title, if the lack of services might be reasonably considered to materially jeopardize the public health, safety, or welfare if a temporary license is not issued; or (iii) a need to first observe an applicant for licensure in this state in a monitored or supervised practice of the applicant's occupation or profession before a decision is made by the division 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 one under Subsection (1)(a) more than three consecutive times within the three-year period immediately following the issuance of the first temporary license. (3) The division may not issue a temporary license to a person solely because there is a competitive advantage enjoyed or a competitive disadvantage suffered by any party caused by the absence of a licensed person, unless in addition there is or will be a material risk presented to the public health, safety, or welfare.
Utah Code § 58-92-307 — Utah Code / Title 58 / Chapter 58-92 / § 58-92-307
§ 58-92-307. Experience requirements.
Status: in_force

9/1/2026 (1) In addition to the requirements of Sections 58-92-303 and 58-92-304 an applicant for: (a) a private investigator agent license shall demonstrate in a form the division approves a minimum of 5,000 hours of investigative experience; and (b) a private investigator registrant license shall demonstrate in a form the division approves a minimum of 2,000 hours of investigative experience. (2) An applicant for a private investigator apprentice is not required to demonstrate any hours of investigative experience. (3) An applicant may obtain the hours of investigative experience required under Subsection (1) as: (a) a licensed private investigator registrant or private investigator apprentice; (b) an investigator in the private sector; (c) an investigator for an agency or branch of the federal government; or (d) an investigator for the state, county, or municipal government. (4) At least 1,000 hours of the investigative experience required under Subsection (1)(b) shall have been performed in the 10 years before the day on which the applicant submits an application for licensure. (5) If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from a person other than an employer covering the same subject matter for consideration by the division. (6) The burden of proving completion of the required experience is on the applicant and the division may verify or reject any part of an applicant's certification under a rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-3a-103 — Utah Code / Title 58 / Chapter 58-3a / § 58-3a-103
§ 58-3a-103. Education and enforcement fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the "Architects Education and Enforcement Fund." (2) The fund consists of money from: (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this chapter in accordance with the following: (i) the surcharge fee shall be determined by the department in accordance with Section 63J-1-504; and (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement licensure fee; and (b) administrative penalties collected pursuant to this chapter. (3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund. (4) The director may, with concurrence of the board, make distributions from the fund for the following purposes: (a) education and training of licensees under this chapter; (b) education and training of the public or other interested persons in matters concerning architectural laws and practices; and (c) enforcement of this chapter by: (i) investigating unprofessional or unlawful conduct; and (ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct. (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund. (6) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Utah Code § 58-9-307 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-307
§ 58-9-307. Supervision of funeral service intern.
Status: in_force

(1) A person seeking licensure as a funeral service intern shall submit as a part of the application for a license: (a) the name of the licensed funeral service director who has agreed to supervise all duties performed by the applicant as an intern; and (b) the name of the licensed funeral service establishment at which the training and supervision shall take place. (2) A licensed funeral service director may supervise only one licensed funeral service intern at one time. (3) (a) Within 30 days after the day on which the supervisor-supervisee relationship between a licensed funeral service director and a licensed funeral service intern terminates, the funeral service director shall furnish to the division a report of the performance of the funeral service intern. (b) The report shall be in form and content as prescribed by the division. (4) (a) A licensed funeral service intern shall notify the division of any change in the intern's supervising funeral service director. (b) The supervising funeral service director shall submit to the division, in accordance with Subsection (3), a report of the funeral service intern's performance. (5) The licensed funeral service director is responsible for supervision of all of the duties and functions performed by the funeral service intern throughout the entire internship period.
Utah Code § 58-38a-203 — Utah Code / Title 58 / Chapter 58-38a / § 58-38a-203
§ 58-38a-203. Duties of the committee.
Status: in_force

(1) The committee serves as a consultative and advisory body to the Legislature regarding: (a) the movement of a controlled substance from one schedule or list to another; (b) the removal of a controlled substance from any schedule or list; and (c) the designation of a substance as a controlled substance and the placement of the substance in a designated schedule or list. (2) On or before September 30 of each year, the committee shall submit to the Health and Human Services Interim Committee a written report: (a) describing any substances recommended by the committee for scheduling, rescheduling, listing, or deletion from the schedules or list by the Legislature; and (b) stating the reasons for the recommendation. (3) In advising the Legislature regarding the need to add, delete, relist, or reschedule a substance, the committee shall consider: (a) the actual or probable abuse of the substance, including: (i) the history and current pattern of abuse both in Utah and in other states; (ii) the scope, duration, and significance of abuse; (iii) the degree of actual or probable detriment to public health which may result from abuse of the substance; and (iv) the probable physical and social impact of widespread abuse of the substance; (b) the biomedical hazard of the substance, including: (i) its pharmacology, including the effects and modifiers of the effects of the substance; (ii) its toxicology, acute and chronic toxicity, interaction with other substances, whether controlled or not, and the degree to which it may cause psychological or physiological dependence; and (iii) the risk to public health and the particular susceptibility of segments of the population; (c) whether the substance is an immediate precursor, as defined in Section 58-37-101, of a substance that is currently a controlled substance; (d) the current state of scientific knowledge regarding the substance, including whether there is any acceptable means to safely use the substance under medical supervision; (e) the relationship between the use of the substance and criminal activity, including whether: (i) persons engaged in illicit trafficking of the substance are also engaged in other criminal activity; (ii) the nature and relative profitability of manufacturing or delivering the substance encourages illicit trafficking in the substance; (iii) the commission of other crimes is one of the recognized effects of abuse of the substance; and (iv) addiction to the substance relates to the commission of crimes to facilitate the continued use of the substance; (f) whether the substance has been scheduled by other states; and (g) whether the substance has any accepted medical use in treatment in the United States. (4) The committee's duties under this chapter do not include tobacco products as defined in Section 59-14-102 or alcoholic beverages as defined in Section 32B-1-102.
Utah Code § 58-31b-102 — Utah Code / Title 58 / Chapter 58-31b / § 58-31b-102
§ 58-31b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Administrative penalty" means a monetary fine or citation that the division imposes: (a) for an act or an omission that the division determines is unprofessional or unlawful conduct; (b) in accordance with a fine schedule the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (c) as the result of an adjudicative proceeding the division conducts in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Applicant" means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. (3) "Approved education program" means a nursing education program that meets the requirements of Section 58-31b-601. (4) "Board" means the Board of Nursing and Certified Nurse Midwives created in Section 58-31b-201. (5) "Diagnosis" means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. (6) "Examinee" means an individual who applies to take or does take any examination required under this chapter for licensure. (7) (a) "License" means a license the division issues in accordance with this chapter. (b) "License" includes a certification until the earlier of: (i) the renewal; or (ii) May 6, 2028. (8) (a) "Licensee" means an individual who is licensed under this chapter. (b) "Licensee" includes an individual who is certified until the earlier of: (i) renewal; or (ii) May 6, 2028. (9) "Long-term care facility" means the following facilities the Department of Health and Human Services licenses under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection: (a) a nursing care facility; (b) a small health care facility; (c) an intermediate care facility for people with an intellectual disability; (d) an assisted living facility Type I or II; or (e) a designated swing bed unit in a general hospital. (10) "Practice of nurse anesthesia" means: (a) in accordance with Section 58-31b-803, prescribing or administering a prescription drug including a Schedule II-V controlled substance; (b) pre-anesthesia preparation and evaluation, including: (i) performing a pre-anesthetic assessment of the patient; and (ii) ordering and evaluating appropriate lab and other studies to determine the health of the patient; (c) anesthesia induction, maintenance, and emergence, including: (i) selecting and initiating the planned anesthetic technique; (ii) selecting and administering anesthetics and adjunct drugs and fluids; and (iii) administering general, regional, and local anesthesia; (d) post anesthesia follow-up care, including evaluating the patient's response to anesthesia and implementing corrective actions; and (e) other related services related to an activity described in Subsections (10)(a) through (10)(d), including: (i) providing emergency airway management; (ii) providing advanced cardiac life support; and (iii) establishing peripheral, central, and arterial invasive lines. (11) "Practice of nursing" means assisting a patient to maintain or attain optimal health, implementing a strategy of care to accomplish defined goals and evaluating responses to care and treatment, and requires substantial specialized or general knowledge, judgment, and skill based upon principles of the biological, physical, behavioral, and social sciences. (12) "Routine medication" means an established medication that: (a) is administered to a medically stable patient as determined by a licensed health care provider or in consultation with a licensed health care provider; and (b) is administered by the following routes: (i) buccal; (ii) ear; (iii) eye; (iv) inhalation: (A) of a premeasured medication delivered by aerosol or nebulizer; or (B) of a medication delivered by a metered hand-held inhaler; (v) nasal; (vi) oral; (vii) rectal; (viii) sublingual; (ix) topical, including a skin ointment or a transdermal patch; or (x) vaginal. (13) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-31b-501. (14) "Unlicensed assistive personnel" means an unlicensed individual, regardless of title, who is delegated a task by a licensed registered nurse as the division permits by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession. (15) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as the division may define by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-84-101 — Utah Code / Title 58 / Chapter 58-84 / § 58-84-101
§ 58-84-101. Title.
Status: in_force

This chapter is known as the "State Certification of Music Therapists Act."
Utah Code § 58-55-507 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-507
§ 58-55-507. Elevator mechanic continuing education requirements.
Status: in_force

1/1/2027 (1) During each two-year license term the division establishes by rule in accordance with Section 58-55-108, a licensed elevator mechanic shall complete eight hours of continuing education. (2) The commission shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, continuing education for licensed elevator mechanics. (3) The division may contract with a person to establish and maintain a registry of continuing education that includes: (a) a list of approved continuing education; and (b) a list of courses that: (i) a licensed elevator mechanic completes; and (ii) the licensed elevator mechanic may access to monitor compliance with the continuing education requirement. (4) The division may charge a fee the division establishes in accordance with Section 63J-1-504, to administer this section.
Utah Code § 58-55-305 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-305
§ 58-55-305. Exemptions from licensure.
Status: in_force

1/1/2027 (1) In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts or practices included within the practice of construction trades, subject to the stated circumstances and limitations, without being licensed under this chapter: (a) an authorized representative of the United States government or an authorized employee of the state or any of its political subdivisions when working on construction work of the state or the subdivision, and when acting within the terms of the person's trust, office, or employment; (b) a person engaged in construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, and drainage districts or construction and repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction sites, and lumbering; (c) public utilities operating under the rules of the Public Service Commission on work incidental to their own business; (d) a sole owner of property engaged in building: (i) no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property for the sole owner's noncommercial, nonpublic use, except that a person other than the property owner or a person described in Subsection (1)(e), who engages in building a residential structure must be licensed under this chapter if the person is otherwise required to be licensed under this chapter; or (ii) structures on the sole owner's property for the sole owner's noncommercial, nonpublic use that are incidental to a residential structure on the property, including a shed, carport, or detached garage; (e) (i) a person engaged in construction or renovation of a residential building for noncommercial, nonpublic use if that person: (A) works without compensation other than token compensation that is not considered salary or wages; and (B) works under the direction of the property owner who engages in building the structure; and (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid by a sole owner of property exempted from licensure under Subsection (1)(d) to a person exempted from licensure under this Subsection (1)(e), that is: (A) minimal in value when compared with the fair market value of the services provided by the person; (B) not related to the fair market value of the services provided by the person; and (C) is incidental to the providing of services by the person including paying for or providing meals or refreshment while services are being provided, or paying reasonable transportation costs incurred by the person in travel to the site of construction; (f) a person engaged in the sale or merchandising of personal property that by its design or manufacture may be attached, installed, or otherwise affixed to real property who has contracted with a person, firm, or corporation licensed under this chapter to install, affix, or attach that property; (g) a contractor submitting a bid on a federal aid highway project, if, before undertaking construction under that bid, the contractor is licensed under this chapter; (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a person engaged in the alteration, repair, remodeling, or addition to or improvement of a building with a contracted or agreed value of less than $7,000, including both labor and materials, and including all changes or additions to the contracted or agreed upon work; and (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this section: (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within any six month period of time: (I) shall be performed by a licensed electrical or plumbing contractor, if the project involves an electrical or plumbing system; and (II) may be performed by a licensed journeyman electrician or plumber or an individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system such as a faucet, toilet, fixture, device, outlet, or electrical switch; (B) installation, repair, or replacement of a residential or commercial gas appliance or a combustion system on a Subsection (1)(h)(i) project shall be performed by a person who has received certification under Subsection 58-55-308(2) except as otherwise provided in Subsection 58-55-308(2)(d) or 58-55-308(3); (C) installation, repair, or replacement of water-based fire protection systems on a Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems contractor or a licensed journeyman plumber; (D) work as an alarm business or company or as an alarm company agent shall be performed by a licensed alarm business or company or a licensed alarm company agent, except as otherwise provided in this chapter; (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i) project must be performed by a licensed alarm business or company or a licensed alarm company agent; (F) installation, repair, or replacement of a heating, ventilation, or air conditioning system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor licensed by the division; (G) installation, repair, or replacement of a radon mitigation system or a soil depressurization system must be performed by a licensed contractor; and (H) if the total value of the project is greater than $3,000, the person shall file with the division a one-time affirmation, subject to periodic reaffirmation as established by division rule, that the person has: (I) public liability insurance in coverage amounts and form established by division rule; and (II) if applicable, workers compensation insurance which would cover an employee of the person if that employee worked on the construction project; (i) a person practicing a specialty contractor classification or construction trade which the director does not classify by administrative rule as significantly impacting the public's health, safety, and welfare; (j) owners and lessees of property and persons regularly employed for wages by owners or lessees of property or their agents for the purpose of maintaining the property, are exempt from this chapter when doing work upon the property; (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the division by rule, to the repair of a fixture or an appliance in a residential or small commercial building, or structure used for agricultural use, as defined in Section 15A-1-202, provided that no modification is made to: (A) existing culinary water, soil, waste, or vent piping; or (B) a gas appliance or combustion system; and (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or an appliance is not included in the exemption provided under Subsection (1)(k)(i); (l) a person who ordinarily would be subject to the plumber licensure requirements under this chapter when installing or repairing a water conditioner or other water treatment apparatus if the conditioner or apparatus: (i) meets the appropriate state construction codes or local plumbing standards; and (ii) is installed or repaired under the direction of a person authorized to do the work under an appropriate specialty contractor license; (m) a person who ordinarily would be subject to the electrician licensure requirements under this chapter when employed by: (i) railroad corporations, telephone corporations or their corporate affiliates, elevator contractors or constructors, or street railway systems; or (ii) public service corporations, rural electrification associations, or municipal utilities who generate, distribute, or sell electrical energy for light, heat, or power; (n) a person involved in minor electrical work incidental to a mechanical or service installation, including the outdoor installation of: (i) an above-ground, prebuilt hot tub; or (ii) the installation, maintenance, or repair of on-premise signs; (o) a person who ordinarily would be subject to the electrician licensure requirements under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty contractor license for the electrical work associated with the installation, repair, or maintenance of solar energy panels, may continue the limited electrical work for solar energy panels under a specialty contractor license; (p) a student participating in construction trade education and training programs approved by the commission with the concurrence of the director under the condition that: (i) all work intended as a part of a finished product on which there would normally be an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed building inspector; and (ii) a licensed contractor obtains the necessary building permits; (q) a delivery person when replacing any of the following existing equipment with a new gas appliance, provided there is an existing gas shutoff valve at the appliance: (i) gas range; (ii) gas dryer; (iii) outdoor gas barbeque; or (iv) outdoor gas patio heater; (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if the maintenance is not related to the operating integrity of the elevator; and (s) an apprentice or helper of an elevator mechanic licensed under this chapter when working under the general direction of the licensed elevator mechanic. (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall notify the division, in writing or through electronic transmission, of the issuance of the permit.
Utah Code § 58-73-502 — Utah Code / Title 58 / Chapter 58-73 / § 58-73-502
§ 58-73-502. Unlawful conduct -- Penalties.
Status: in_force

(1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501: (a) buying, selling, or fraudulently obtaining any chiropractic diploma, license, certificate, or registration; (b) aiding or abetting the buying, selling, or fraudulently obtaining of any chiropractic diploma, license, certificate, or registration; and (c) substantially interfering with a licensee's lawful and competent practice of chiropractic in accordance with this chapter. (2) Any person who violates any provision of Subsection (1) is guilty of a third degree felony.
Utah Code § 58-9-613 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-613
§ 58-9-613. Authorization for alkaline hydrolysis -- Penalties for removal of items from human remains.
Status: in_force

(1) Except as otherwise provided in this section, a funeral service establishment may not perform alkaline hydrolysis on human remains until the funeral service establishment has received: (a) an alkaline hydrolysis authorization form signed by an authorizing agent; (b) a completed and executed burial transit permit or similar document, as provided by state law, indicating that disposition of the human remains is to be by alkaline hydrolysis; and (c) any other documentation required by the state, county, or municipality. (2) (a) The alkaline hydrolysis authorization form shall contain, at a minimum, the following information: (i) the identity of the human remains and the time and date of death, including a signed declaration of visual identification of the deceased or refusal to visually identify the deceased; (ii) the name of the funeral director and funeral service establishment that obtained the alkaline hydrolysis authorization; (iii) notification as to whether the death occurred from a disease declared by the Department of Health to be infectious, contagious, communicable, or dangerous to the public health; (iv) the name of the authorizing agent and the relationship between the authorizing agent and the decedent; (v) a representation that the authorizing agent has the right to authorize the disposition of the decedent by alkaline hydrolysis and that the authorizing agent is not aware of any living person with a superior or equal priority right to that of the authorizing agent, except that if there is another living person with a superior or equal priority right, the alkaline hydrolysis authorization form shall contain a representation that the authorizing agent has: (A) made reasonable efforts to contact that person; (B) been unable to do so; and (C) no reason to believe that the person would object to the disposition of the decedent by alkaline hydrolysis; (vi) authorization for the funeral service establishment to use alkaline hydrolysis for the disposition of the human remains; (vii) the name of the person authorized to receive the human remains from the funeral service establishment; (viii) the manner in which the final disposition of the human remains is to take place, if known; (ix) a listing of each item of value to be delivered to the funeral service establishment along with the human remains, and instructions as to how each item should be handled; (x) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the alkaline hydrolysis authorization form; (xi) if the alkaline hydrolysis authorization form is being executed on a preneed basis, the disclosure required for preneed programs under this chapter; and (xii) except for a preneed alkaline hydrolysis authorization, the signature of the funeral director of the funeral service establishment that obtained the alkaline hydrolysis authorization. (b) (i) The person referred to in Subsection (2)(a)(xii) shall execute the alkaline hydrolysis authorization form as a witness and is not responsible for any of the representations made by the authorizing agent. (ii) The funeral director or the funeral service establishment shall warrant that the human remains delivered to the funeral service establishment have been positively identified by the authorizing agent or a designated representative of the authorizing agent as the decedent listed on the alkaline hydrolysis authorization form. (iii) The authorizing agent or the agent's designee may make the identification referred to in Subsection (2)(b)(ii) in person or by photograph. (3) (a) A funeral service establishment may not accept unidentified human remains for alkaline hydrolysis. (b) If a funeral service establishment takes custody of an alkaline hydrolysis container subsequent to the human remains being placed within the container, the funeral service establishment can rely on the identification made before the remains were placed in the container. (c) The funeral service establishment shall place appropriate identification on the exterior of the alkaline hydrolysis container based on the prior identification. (4) (a) A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains: (i) with purpose to deprive another over control of the property is guilty of an offense and subject to the punishments provided in Section 76-6-404; (ii) with purpose to exercise unauthorized control and with intent to temporarily deprive another of control over the property is guilty of an offense and subject to the punishments provided in Section 76-6-404.5; and (iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without specific written permission of the individual who has the right to control those remains is guilty of a class B misdemeanor. (b) The fact that residue or any unavoidable dental gold or dental silver or other precious metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline hydrolysis process is not a violation of Subsection (4)(a).
Utah Code § 58-86-206 — Utah Code / Title 58 / Chapter 58-86 / § 58-86-206
§ 58-86-206. Exemptions from state certification.
Status: in_force

In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated acts or practices without being a state certified commercial interior designer under this chapter: (1) a person licensed to practice architecture under Title 58, Chapter 3a, Architects Licensing Act, practicing architecture or performing architecture acts or interior design; (2) a person providing permit drawings, if allowed under Section 58-3a-304 or 58-22-305; and (3) a person providing construction related documents not required for a building permit.
Utah Code § 58-17b-603 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-603
§ 58-17b-603. Identification of pharmacy personnel.
Status: in_force

All individuals employed in a pharmacy facility having any contact with the public or patients receiving services from that pharmacy facility shall wear on their person a clearly visible and readable identification showing the individual's name and position.
Utah Code § 58-37-210 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-210
§ 58-37-210. Penalties -- Bar to state prosecution.
Status: in_force

(1) A violation of this chapter for which no penalty is specified is a class B misdemeanor. (2) When a violation of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, violates a federal law or the law of another state, conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
Utah Code § 58-37-106 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-106
§ 58-37-106. Judicial review.
Status: in_force

(1) A person aggrieved by a department's final order may obtain judicial review. (2) Venue for judicial review of an informal adjudicative proceeding is in the district court of Salt Lake County.
Utah Code § 58-37e-112 — Utah Code / Title 58 / Chapter 58-37e / § 58-37e-112
§ 58-37e-112. Statute of limitations.
Status: in_force

(1) (a) Except as otherwise provided in this section, a claim under this chapter may not be brought more than two years after the cause of action accrues. (b) A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. (2) (a) For a plaintiff, the statute of limitations under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. (b) For a defendant, the statute of limitations under this section is tolled until six months after the individual potential defendant is convicted of a criminal drug offense or as otherwise provided by law. (3) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred before May 5, 1997, does not begin to run until May 5, 1997.
Utah Code § 58-94-301 — Utah Code / Title 58 / Chapter 58-94 / § 58-94-301
§ 58-94-301. License required -- License classifications -- Scope.
Status: in_force

1/1/2027 (1) (a) A person shall obtain a license under this chapter before engaging as an alarm company or an alarm company agent unless the person is exempt from licensure under Section 58-1-307 or 58-94-306. (b) The only licenses required for the licensee to engage as an alarm company or an alarm company agent are: (i) a license issued under this chapter; and (ii) a business license from the local jurisdiction where the licensee maintains the licensee's principal place of business. (c) The state or a political subdivision may not impose additional requirements on a licensee to do business except: (i) contract prequalification procedures a state agency requires; or (ii) the payment of fees a local jurisdiction makes as a condition for doing business. (2) The division shall issue a license under this chapter to a qualified person in the following classifications: (a) alarm company; or (b) alarm company agent. (3) The installation, repair, maintenance, or replacement of a battery-charged suspended-wire system or fence requires licensure under this chapter when the battery-charged suspended-wire system or fence: (a) is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises; (b) is located on property that is not designated by a municipality or county for residential use; (c) is driven by a commercial storage battery that provides no more than 12 volts of direct current; (d) is capable of producing an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission; (e) is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height; (f) is not more than the higher of: (i) two feet higher than the height of the nonelectric perimeter fence or wall; or (ii) 10 feet in height; (g) is marked with conspicuous warning signs that are located on the battery-charged suspended-wire system or fence at no more than 30-foot intervals and that read "WARNING -- ELECTRIC FENCE"; and (h) meets rules related to battery-charged suspended-wire systems or fences that the division adopts with the board's concurrence and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-42b-103 — Utah Code / Title 58 / Chapter 58-42b / § 58-42b-103
§ 58-42b-103. Section 3 -- State participation in the compact.
Status: in_force

(A) To participate in the Compact, a Member State shall: (1) License Occupational Therapists and Occupational Therapy Assistants;(2) Participate fully in the Commission's Data System, including but not limited to using the Commission's unique identifier as defined in Rules of the Commission;(3) Have a mechanism in place for receiving and investigating complaints about Licensees;(4) Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records; (a) A Member State shall, within a time frame established by the Commission, require a criminal background check for a Licensee seeking/applying for a Compact Privilege whose Primary State of Residence is that Member State, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions;(b) Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544;(6) Comply with the Rules of the Commission;(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the Rules of the Commission; and(8) Have Continuing Competence/Education requirements as a condition for license renewal.(B) A Member State shall grant the Compact Privilege to a Licensee holding a valid unencumbered license in another Member State in accordance with the terms of the Compact and Rules.(C) Member States may charge a fee for granting a Compact Privilege.(D) A Member State may provide for the State's delegate to attend all Occupational Therapy Compact Commission meetings.(E) Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to these individuals shall not be recognized as granting the Compact Privilege in any other Member State.(F) Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.
Utah Code § 58-37-101 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-101
§ 58-37-101. Definitions.
Status: in_force

7/1/2026 (1) As used in this chapter: (a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or (ii) the patient or research subject at the direction, and in the presence, of the practitioner. (b) (i) "Agent" means an authorized person that acts on behalf of, or at the direction of, a manufacturer, distributor, or practitioner. (ii) "Agent" does not include a motor carrier or public warehouseman, or an employee of a motor carrier or public warehouseman. (c) "Consumption" means ingesting or having any measurable amount of a controlled substance in an individual's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. (d) "Control" means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-107. (e) (i) "Controlled substance" means a drug or substance: (A) included in Schedules I, II, III, IV, or V of Section 58-37-108; (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513; (C) that is a controlled substance analog; or (D) listed in Section 58-37-109. (ii) "Controlled substance" does not include: (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B, Alcoholic Beverage Control Act; (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription; or (C) dietary supplements, vitamins, minerals, herbs, or other similar substances including concentrates or extracts, which: (I) are not otherwise regulated by law; and (II) may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (f) (i) "Controlled substance analog" means: (A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-108, a substance listed in Section 58-37-109, or in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513; (B) a substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-108, substances listed in Section 58-37-109, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513; or (C) a substance that, with respect to a particular individual, is represented or intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-108, substances listed in Section 58-37-109, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513. (ii) "Controlled substance analog" does not include: (A) a controlled substance currently scheduled in Schedules I through V of Section 58-37-108; (B) a substance for which there is an approved new drug application; (C) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent the conduct with respect to the substance is permitted by the exemption; (D) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance; (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription; or (F) dietary supplements, vitamins, minerals, herbs, or other similar substances including concentrates or extracts, which are not otherwise regulated by law, which may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (g) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by: (A) this chapter; (B) Chapter 37c, Controlled Substance Precursors; (C) Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; (D) Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; (E) Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; (F) Title 76, Chapter 18, Part 5, Clandestine Drug Labs; or (G) a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsections (1)(g)(i)(A) through (F); or (ii) for any offense under the laws of the United States and any other state that, if committed in this state, would be an offense under Subsection (1)(g)(i). (h) "Counterfeit substance" means: (i) any controlled substance or container or labeling of any controlled substance that: (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person that in fact manufactured, distributed, or dispensed the substance that falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and (B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(h)(i)(A) or the appearance of the container of that controlled substance; or (ii) any substance other than under Subsection (1)(h)(i) that: (A) is falsely represented to be any legally or illegally manufactured controlled substance; and (B) a reasonable person would believe to be a legal or illegal controlled substance. (i) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, regardless of whether an agency relationship exists. (j) "Department" means the Department of Commerce. (k) "Depressant or stimulant substance" means: (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; (ii) a drug which contains any quantity of: (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance that the secretary of Health and Human Services or the attorney general of the United States after investigation has found, and by regulation designated, habit-forming because of the substance's stimulant effect on the central nervous system; (iii) lysergic acid diethylamide; or (iv) any drug that contains any quantity of a substance that the secretary of Health and Human Services or the attorney general of the United States after investigation has found to have, and by regulation designated as having, a potential for abuse because of the substance's depressant or stimulant effect on the central nervous system or the substance's hallucinogenic effect. (l) "Dispense" means the delivery of a controlled substance by a pharmacist to an ultimate user in accordance with the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. (m) "Dispenser" means a pharmacist who dispenses a controlled substance. (n) "Distribute" means to deliver other than by administering or dispensing a controlled substance or a listed chemical. (o) "Distributor" means a person that distributes controlled substances. (p) "Division" means the Division of Professional Licensing created in Section 58-1-103. (q) (i) "Drug" means: (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only; (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (D) substances intended for use as a component of any substance specified in Subsections (1)(q)(i)(A), (B), and (C). (ii) "Drug" does not include dietary supplements. (iii) "Drug" includes a food intended for human consumption that intentionally contains a vaccine or vaccine material as provided in Section 4-5-107. (r) "Drug dependent person" means any individual who unlawfully and habitually uses any controlled substance to endanger the public morals, health, safety, or welfare, or who is so dependent upon the use of controlled substances as to have lost the power of self-control with reference to the individual's dependency. (s) (i) "Food" means: (A) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and (B) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. (ii) Any particular use of a food is a special dietary use regardless of the nutritional purposes. (t) "Immediate precursor" means a substance that the attorney general of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. (u) "Manufacture" means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. (v) "Manufacturer" includes any person that packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. (w) (i) "Marijuana" means all species of the genus cannabis and all parts of the genus, whether growing or not, including: (A) seeds; (B) resin extracted from any part of the plant, including the resin extracted from the mature stalks; (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin; (D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis that are chemically indistinguishable and pharmacologically active; and (E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. (ii) "Marijuana" does not include: (A) the mature stalks of the plant; (B) fiber produced from the stalks; (C) oil or cake made from the seeds of the plant; (D) except as provided in Subsection (1)(w)(i), any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake; (E) the sterilized seed of the plant that is incapable of germination; (F) any compound, mixture, or preparation approved by the federal Food and Drug Administration under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances in Section 58-37-108 or in the federal Controlled Substances Act, Title II, P.L. 91-513; or (G) transportable industrial hemp concentrate as that term is defined in Section 4-41-102. (x) "Money" means officially issued coin and currency of the United States or any foreign country. (y) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) opium, coca leaves, and opiates; (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; (iii) opium poppy and poppy straw; or (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(y)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves that do not contain cocaine or ecgonine. (z) "Negotiable instrument" means a document, containing an unconditional promise to pay a sum of money, that is legally transferable to another party by endorsement or delivery. (aa) "Opiate" means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. (bb) "Opium poppy" means the plant of the species papaver somniferum L., except the seeds of the plant. (cc) "Person" means any corporation, association, partnership, trust, other institution or entity or one or more individuals. (dd) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (ee) "Possession" or "use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. For a person to be a possessor or user of a controlled substance, it is not required that the person be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over the controlled substance. (ff) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. (gg) "Prescribe" means to issue a prescription: (i) orally or in writing; or (ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. (hh) "Prescription" means an order issued: (i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and (ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. (ii) "Production" means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (jj) "Securities" means any stocks, bonds, notes, or other evidences of debt or of property. (kk) "State" means the state of Utah. (ll) "Ultimate user" means a person that lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. (2) If a term used in this chapter is not defined, the definition and terms of Title 76, Criminal Offenses, shall apply.7/1/2026 (1) As used in this chapter: (a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or (ii) the patient or research subject at the direction, and in the presence, of the practitioner. (b) (i) "Agent" means an authorized person that acts on behalf of, or at the direction of, a manufacturer, distributor, or practitioner. (ii) "Agent" does not include a motor carrier or public warehouseman, or an employee of a motor carrier or public warehouseman. (c) "Consumption" means ingesting or having any measurable amount of a controlled substance in an individual's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. (d) "Control" means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-107. (e) (i) "Controlled substance" means a drug or substance: (A) included in Schedules I, II, III, IV, or V of Section 58-37-108; (B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513; (C) that is a controlled substance analog; or (D) listed in Section 58-37-109. (ii) "Controlled substance" does not include: (A) distilled spirits, wine, or malt beverages, as those terms are defined in Title 32B, Alcoholic Beverage Control Act; (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription; or (C) dietary supplements, vitamins, minerals, herbs, or other similar substances including concentrates or extracts, which: (I) are not otherwise regulated by law; and (II) may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (f) (i) "Controlled substance analog" means: (A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-108, a substance listed in Section 58-37-109, or in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513; (B) a substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-108, substances listed in Section 58-37-109, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513; or (C) a substance that, with respect to a particular individual, is represented or intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances listed in Schedules I and II of Section 58-37-108, substances listed in Section 58-37-109, or substances listed in Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513. (ii) "Controlled substance analog" does not include: (A) a controlled substance currently scheduled in Schedules I through V of Section 58-37-108; (B) a substance for which there is an approved new drug application; (C) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent the conduct with respect to the substance is permitted by the exemption; (D) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance; (E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription; or (F) dietary supplements, vitamins, minerals, herbs, or other similar substances including concentrates or extracts, which are not otherwise regulated by law, which may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (g) (i) "Conviction" means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by: (A) this chapter; (B) Chapter 37c, Controlled Substance Precursors; (C) Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; (D) Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; (E) Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; (F) Title 76, Chapter 18, Part 5, Clandestine Drug Labs; or (G) a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsections (1)(g)(i)(A) through (F); or (ii) for any offense under the laws of the United States and any other state that, if committed in this state, would be an offense under Subsection (1)(g)(i). (h) "Counterfeit substance" means: (i) any controlled substance or container or labeling of any controlled substance that: (A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person that in fact manufactured, distributed, or dispensed the substance that falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and (B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(h)(i)(A) or the appearance of the container of that controlled substance; or (ii) any substance other than under Subsection (1)(h)(i) that: (A) is falsely represented to be any legally or illegally manufactured controlled substance; and (B) a reasonable person would believe to be a legal or illegal controlled substance. (i) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, regardless of whether an agency relationship exists. (j) "Department" means the Department of Commerce. (k) "Depressant or stimulant substance" means: (i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; (ii) a drug which contains any quantity of: (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance that the secretary of Health and Human Services or the attorney general of the United States after investigation has found, and by regulation designated, habit-forming because of the substance's stimulant effect on the central nervous system; (iii) lysergic acid diethylamide; or (iv) any drug that contains any quantity of a substance that the secretary of Health and Human Services or the attorney general of the United States after investigation has found to have, and by regulation designated as having, a potential for abuse because of the substance's depressant or stimulant effect on the central nervous system or the substance's hallucinogenic effect. (l) "Dispense" means the delivery of a controlled substance by a pharmacist to an ultimate user in accordance with the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. (m) "Dispenser" means a pharmacist who dispenses a controlled substance. (n) "Distribute" means to deliver other than by administering or dispensing a controlled substance or a listed chemical. (o) "Distributor" means a person that distributes controlled substances. (p) "Division" means the Division of Professional Licensing created in Section 58-1-103. (q) (i) "Drug" means: (A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only; (C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (D) substances intended for use as a component of any substance specified in Subsections (1)(q)(i)(A), (B), and (C). (ii) "Drug" does not include dietary supplements. (iii) "Drug" includes a food intended for human consumption that intentionally contains a vaccine or vaccine material as provided in Section 4-5-107. (r) "Drug dependent person" means any individual who unlawfully and habitually uses any controlled substance to endanger the public morals, health, safety, or welfare, or who is so dependent upon the use of controlled substances as to have lost the power of self-control with reference to the individual's dependency. (s) (i) "Food" means: (A) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and (B) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. (ii) Any particular use of a food is a special dietary use regardless of the nutritional purposes. (t) "Immediate precursor" means a substance that the attorney general of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. (u) "Manufacture" means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. (v) "Manufacturer" includes any person that packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. (w) (i) "Marijuana" means all species of the genus cannabis and all parts of the genus, whether growing or not, including: (A) seeds; (B) resin extracted from any part of the plant, including the resin extracted from the mature stalks; (C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin; (D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis that are chemically indistinguishable and pharmacologically active; and (E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. (ii) "Marijuana" does not include: (A) the mature stalks of the plant; (B) fiber produced from the stalks; (C) oil or cake made from the seeds of the plant; (D) except as provided in Subsection (1)(w)(i), any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil or cake; (E) the sterilized seed of the plant that is incapable of germination; (F) any compound, mixture, or preparation approved by the federal Food and Drug Administration under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances in Section 58-37-108 or in the federal Controlled Substances Act, Title II, P.L. 91-513; or (G) transportable industrial hemp concentrate as that term is defined in Section 4-41-102. (x) "Money" means officially issued coin and currency of the United States or any foreign country. (y) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) opium, coca leaves, and opiates; (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; (iii) opium poppy and poppy straw; or (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(y)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves that do not contain cocaine or ecgonine. (z) "Negotiable instrument" means a document, containing an unconditional promise to pay a sum of money, that is legally transferable to another party by endorsement or delivery. (aa) "Opiate" means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. (bb) "Opium poppy" means the plant of the species papaver somniferum L., except the seeds of the plant. (cc) "Person" means any corporation, association, partnership, trust, other institution or entity or one or more individuals. (dd) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (ee) "Possession" or "use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. For a person to be a possessor or user of a controlled substance, it is not required that the person be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over the controlled substance. (ff) "Practitioner" means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. (gg) "Prescribe" means to issue a prescription: (i) orally or in writing; or (ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. (hh) "Prescription" means an order issued: (i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and (ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. (ii) "Production" means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (jj) "Securities" means any stocks, bonds, notes, or other evidences of debt or of property. (kk) "State" means the state of Utah. (ll) "Ultimate user" means a person that lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. (2) If a term used in this chapter is not defined, the definition and terms of Title 76, Criminal Offenses, shall apply.
Utah Code § 58-28-302 — Utah Code / Title 58 / Chapter 58-28 / § 58-28-302
§ 58-28-302. License qualifications.
Status: in_force

(1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry shall: (a) pass an examination approved by the board on the theory and practice of the science of veterinary medicine, surgery, dentistry, and other subjects determined by the board, knowledge of which is generally required of veterinarians; (b) (i) graduate from a veterinary college accredited by the AVMA; or (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary Graduates issued by the AVMA; (c) (i) have practiced under the supervision of a veterinarian licensed to practice in this state for at least 1,000 hours; (ii) have participated in veterinary investigational, educational, or sanitary control work of a nature and duration as to be the equivalent of the experience of Subsection (1)(c)(i); (iii) have practiced as a licensed veterinarian outside Utah for at least 1,000 hours; or (iv) have practiced as a veterinarian while employed by the United States government, its agencies, or the state or its political subdivisions for at least 1,000 hours; and (d) pay a fee to the Department of Commerce determined in accordance with Section 63J-1-504 for the examination, for an initial license, and for a renewal license. (2) (a) An applicant for licensure as a veterinary intern shall comply with the provisions of Subsection (1)(b). (b) An applicant's license as a veterinary intern is limited to the period of time necessary to complete clinical training as described in Subsection (1)(c) and extends not more than one year from the date the minimum requirement for training is completed, unless the individual presents satisfactory evidence to the division and the board that the individual is making reasonable progress toward passing the qualifying examination or is otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period of time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised clinical training has been completed.
Utah Code § 58-37-111 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-111
§ 58-37-111. Exceptions to applicability for certain herbs and food supplements.
Status: in_force

This chapter and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, do not restrict the sale and use of herbs, herbal products, or food supplements that are not scheduled in this chapter as controlled substances.
Utah Code § 58-72-304 — Utah Code / Title 58 / Chapter 58-72 / § 58-72-304
§ 58-72-304. Exceptions from licensure.
Status: in_force

In addition to the exemptions from licensure set forth in Section 58-1-307, the following individuals may engage in the practice of acupuncture subject to the stated circumstances and limitations without being licensed under this chapter: (1) an individual described in Section 58-1-602 who is performing a procedure described in Section 58-1-602; (2) an individual licensed as a physician and surgeon or osteopathic physician and surgeon under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act; (3) a commissioned physician or surgeon serving in the armed forces of the United States or other federal agency; and (4) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, except that a chiropractic physician may not claim to be a licensed acupuncturist without acupuncturist licensure.
Utah Code § 58-77-502 — Utah Code / Title 58 / Chapter 58-77 / § 58-77-502
§ 58-77-502. Unprofessional conduct.
Status: in_force

In addition to the definition in Subsection 58-1-501(2), "unprofessional conduct" includes: (1) failing to obtain informed consent as described in Subsection 58-77-601(1); (2) disregarding a client's dignity or right to privacy as to her person, condition, possessions, or medical record; (3) failing to file or record any medical report as required by law, impeding, or obstructing the filing or recording of the report, or inducing another to fail to file or record the report; (4) breaching a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a client, unless ordered by the court; (5) inappropriately delegating direct-entry midwifery duties; (6) using advertising or an identification statement that is false, misleading, or deceptive; (7) using in combination with the term "midwife" the term "nurse" or another title, initial, or designation that falsely implies that the direct-entry midwife is licensed as a certified nurse midwife, registered nurse, or licensed practical nurse; and (8) submitting a birth certificate known by the person to be false or fraudulent.
Utah Code § 58-50-7 — Utah Code / Title 58 / Chapter 58-50 / § 58-50-7
§ 58-50-7. Grounds for denial of license -- Disciplinary proceedings.
Status: in_force

Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.