Utah Code § 58-44a-102 — Utah Code / Title 58 / Chapter 58-44a / § 58-44a-102
§ 58-44a-102. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Administrative penalty" means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Board" means the Board of Nursing and Certified Nurse Midwives created in Section 58-31b-201. (3) "Consultation and Referral Plan" means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. (4) "Consulting physician" means a physician and surgeon or osteopathic physician: (a) with an unrestricted license as a physician; (b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and (c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. (5) "Individual" means a natural person. (6) "Intrapartum referral plan": (a) means a written plan prepared by a nurse midwife describing the guidelines under which the nurse midwife will consult with a consulting physician, collaborate with a consulting physician, and refer patients to a consulting physician; and (b) does not require the nurse midwife to obtain the signature of a physician on the intrapartum referral plan. (7) "Nurse midwife" means a person licensed under this chapter to engage in practice as a certified nurse midwife. (8) "Physician" means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. (9) "Practice as a certified nurse midwife" means: (a) practice of registered nursing as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee; (b) practice of nursing within the generally recognized scope and standards of nurse midwifery as defined by rule and consistent with professionally recognized preparations and educational standards of a certified nurse midwife by a person licensed under this chapter, which practice includes: (i) having a safe mechanism for obtaining medical consultation, collaboration, and referral with one or more consulting physicians who have agreed to consult, collaborate, and receive referrals, but who are not required to sign a written document regarding the agreement; (ii) providing a patient with information regarding other health care providers and health care services and referral to other health care providers and health care services when requested or when care is not within the scope of practice of a certified nurse midwife; and (iii) maintaining written documentation of the parameters of service for independent and collaborative midwifery management and transfer of care when needed; and (c) the authority to: (i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient; (ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate; (iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of: (A) prescription drugs; (B) schedule IV-V controlled substances; and (C) schedule II-III controlled substances in accordance with a consultation and referral plan; (iv) evaluate the results of patient care; (v) consult as is appropriate regarding patient care and the results of patient care; (vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia; (vii) manage the postpartum period; (viii) provide gynecological services; (ix) provide noncomplicated newborn and infant care to the age of one year; and (x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C.N.M., N.M., or R.N. (10) "Unlawful conduct" is defined in Sections 58-1-501 and 58-44a-501. (11) "Unlicensed assistive personnel" means any unlicensed person, regardless of title, to whom tasks are delegated by a licensed certified nurse midwife in accordance with the standards of the profession as defined by rule. (12) "Unprofessional conduct" is defined in Sections 58-1-501 and 58-44a-502 and as may be further defined by rule.
Utah Code § 58-16a-905.1 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-905.1
§ 58-16a-905.1. Contact lens manufacturer or distributor -- Prohibited conduct.
Status: in_force

A contact lens manufacturer or a contact lens distributor may not: (1) take any action, by agreement, unilaterally, or otherwise, that has the effect of fixing or otherwise controlling the price that a contact lens retailer charges or advertises for contact lenses; or (2) discriminate against a contact lens retailer based on whether the contact lens retailer: (a) sells or advertises contact lenses for a particular price; (b) operates in a particular channel of trade; (c) is a person authorized by law to prescribe contact lenses; or (d) is associated with a person authorized by law to prescribe contact lenses.
Utah Code § 58-56-1 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-1
§ 58-56-1. Title.
Status: in_force

This chapter is known as the "Building Inspector and Factory Built Housing Licensing Act."
Utah Code § 58-24b-403 — Utah Code / Title 58 / Chapter 58-24b / § 58-24b-403
§ 58-24b-403. Administration of a prescription drug -- Ordering laboratory testing -- Reporting laboratory results -- Referral.
Status: in_force

(1) A licensed physical therapist may purchase, store, and administer topical and aerosol medications that require a prescription as provided in this section. (2) A licensed physical therapist may purchase, store, and administer: (a) a topical medication for wound care and for musculoskeletal treatment, using iontophoresis or phonorphoresis; and (b) an aerosol medication for pulmonary hygiene in an institutional setting, if a licensed respiratory therapist is not available within a 10 mile radius of the institution. (3) A licensed physical therapist shall purchase, store, or administer a medication described in this section in accordance with a written prescription issued by a practitioner who is licensed to prescribe that medication. (4) This section does not authorize a licensed physical therapist to dispense a prescription drug.
Utah Code § 58-60-604 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-604
§ 58-60-604. Unlawful conduct.
Status: in_force

It is unlawful for a person who is not licensed or certified under this chapter to: (1) use the titles: (a) state certified behavioral health technician; or (b) licensed behavioral health coach; or (2) represent that the person is, in connection with the person's name or business: (a) a state certified behavioral health technician; or (b) licensed behavioral health coach.
Utah Code § 58-56-3.5 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-3.5
§ 58-56-3.5. Surcharge fee.
Status: in_force

(1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee. (2) The surcharge fee shall be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.
Utah Code § 58-16a-304 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-304
§ 58-16a-304. Continuing education.
Status: in_force

(1) As a condition precedent for license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by rule, complete 30 hours of qualified continuing professional education in accordance with standards defined by rule. (2) If a renewal period is extended or shortened under Section 58-16a-303, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
Utah Code § 58-87-203 — Utah Code / Title 58 / Chapter 58-87 / § 58-87-203
§ 58-87-203. Certificate of registration -- Issuance or denial -- Renewal.
Status: in_force

7/1/2026 (1) Except as otherwise provided in Subsection (2), the division shall issue a certificate of registration to an applicant for registration who complies with Subsection 58-87-202(1). (2) The division may refuse to issue a certificate of registration to an applicant for registration under Subsection 58-87-202(1) if the division determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the division may consider whether the applicant has: (a) pleaded guilty or no contest to, has been convicted of, or has charges pending for, any crime that would be considered a felony in this state or any other crime that, when considered with the functions and duties of the profession, bears a substantial relationship to the applicant's ability to safely or competently perform as an athlete agent; (b) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (c) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (d) engaged in conduct Section 58-87-401 prohibits; (e) had a registration as an athlete agent suspended, revoked, or denied in any state; (f) been refused renewal of registration as an athlete agent in any state; (g) engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or (h) engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity. (3) In making a determination under Subsection (2), the division shall consider: (a) how recently the conduct occurred; (b) the nature of the conduct and the context in which the conduct occurred; and (c) other relevant conduct of the applicant. (4) An athlete agent registered under Subsection (1) may apply to renew the registration by submitting an application for renewal in a form the division approves. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration. (5) An athlete agent registered under Subsection 58-87-202(2) may renew the registration by proceeding under Subsection (4) or, if the registration in the other state has been renewed, by submitting to the division copies of the application for renewal in the other state and the renewed registration from the other state. The division shall renew the registration if the division determines: (a) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and (b) the renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (6) A certificate of registration or a renewal of a registration is valid for two years.7/1/2026 (1) Except as otherwise provided in Subsection (2), the division shall issue a certificate of registration to an applicant for registration who complies with Subsection 58-87-202(1). (2) The division may refuse to issue a certificate of registration to an applicant for registration under Subsection 58-87-202(1) if the division determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the division may consider whether the applicant has: (a) pleaded guilty or no contest to, has been convicted of, or has charges pending for, any crime that would be considered a felony in this state or any other crime that, when considered with the functions and duties of the profession, bears a substantial relationship to the applicant's ability to safely or competently perform as an athlete agent; (b) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (c) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (d) engaged in conduct Section 58-87-401 prohibits; (e) had a registration as an athlete agent suspended, revoked, or denied in any state; (f) been refused renewal of registration as an athlete agent in any state; (g) engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or (h) engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity. (3) In making a determination under Subsection (2), the division shall consider: (a) how recently the conduct occurred; (b) the nature of the conduct and the context in which the conduct occurred; and (c) other relevant conduct of the applicant. (4) An athlete agent registered under Subsection (1) may apply to renew the registration by submitting an application for renewal in a form the division approves. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration. (5) An athlete agent registered under Subsection 58-87-202(2) may renew the registration by proceeding under Subsection (4) or, if the registration in the other state has been renewed, by submitting to the division copies of the application for renewal in the other state and the renewed registration from the other state. The division shall renew the registration if the division determines: (a) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and (b) the renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (6) A certificate of registration or a renewal of a registration is valid for two years.
Utah Code § 58-24b-305 — Utah Code / Title 58 / Chapter 58-24b / § 58-24b-305
§ 58-24b-305. License denial -- Discipline -- Cease and desist order.
Status: in_force

In accordance with Section 58-1-401, the division may: (1) refuse to issue a license to an applicant; (2) refuse to renew a license; (3) revoke, suspend, or restrict a license; (4) place a license on probation; (5) issue a public or private reprimand to a licensee; or (6) issue a cease and desist order.
Utah Code § 58-24b-303 — Utah Code / Title 58 / Chapter 58-24b / § 58-24b-303
§ 58-24b-303. Term of license -- Renewal -- Temporary license for physical therapist assistant.
Status: in_force

(1) A license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. The division may, by rule, extend or shorten a license renewal process by one year in order to stagger the renewal cycles that the division administers. (2) At the time of license renewal, the licensee shall provide satisfactory evidence that the licensee completed continuing education competency requirements, established by the division, by rule. (3) If a license renewal cycle is shortened or extended under Subsection (1), the division shall increase or reduce the required continuing education competency requirements accordingly. (4) A license issued under this chapter expires on the expiration date indicated on the license, unless the license is renewed under this section.
Utah Code § 58-91-301 — Utah Code / Title 58 / Chapter 58-91 / § 58-91-301
§ 58-91-301. Scope of practice of a constable -- License required on or after January 1, 2027.
Status: in_force

(1) A constable may: (a) serve legal documents throughout the state; (b) serve any civil process throughout the state, including orders of restitution and writs of execution; (c) when acting under the direction of a contracting governmental entity, arrest an individual pursuant to an arrest warrant in any location in the state; (d) when acting under the direction of a contracting governmental entity, transport a prisoner within the state; and (e) when acting under the direction of a justice court, take an action described in Subsection 17-78-603(2). (2) A constable who is acting under the direction of a contracting governmental entity shall provide the division with a copy of the constable's contract with the contracting governmental entity. (3) A constable: (a) may take any action within the constable's scope of practice; and (b) when acting under the direction of a contracting governmental entity, shall take action in accordance with the contracting governmental entity's direction and pursuant to the contract between the constable and the contracting governmental entity. (4) Upon termination of a contract between a constable and a contracting governmental entity, the constable shall notify the division no later than five business days after the day on which the termination takes effect. (5) Beginning January 1, 2027, a license is required to engage in the practice of a constable, whether the constable engages a client, a contracting governmental entity, or both, except as provided in Sections 58-1-307 and 58-91-304.
Utah Code § 58-17b-624 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-624
§ 58-17b-624. Prescription drugs -- Sale to a practitioner for office use.
Status: in_force

(1) A pharmacy licensed under this chapter may, subject to rules established by the division, repackage or compound a prescription drug for sale to a practitioner if: (a) the prescription drug: (i) does not include a compounded drug; or (ii) (A) includes a compounded drug; and (B) is not a controlled substance; (b) the pharmacy labels the prescription drug "for office use only"; (c) the practitioner administers the drug to a patient in the practitioner's office or facility; and (d) except in accordance with Title 58, Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, the practitioner does not dispense the drug to the patient. (2) The division shall establish, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescription drug labeling and control standards for a prescription drug that a pharmacy provides to a practitioner under this section.
Utah Code § 58-28-606 — Utah Code / Title 58 / Chapter 58-28 / § 58-28-606
§ 58-28-606. Veterinary corporations, partnerships, and limited liability companies -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.
Status: in_force

10/1/2026 (1) As used in this section: (a) "Veterinary corporation" means a professional corporation organized to render veterinary services under Title 16, Chapter 11, Professional Corporation Act. (b) "Veterinary limited liability company" means a limited liability company organized to render veterinary services under Title 16, Chapter 20, Utah Revised Uniform Limited Liability Company Act. (c) "Veterinary partnership" means a partnership or limited liability partnership organized to render veterinary services under: (i) Title 16, Chapter 18, Utah Uniform Partnership Act; or (ii) Title 16, Chapter 19, Utah Uniform Limited Partnership Act. (2) A veterinary corporation may issue or transfer shares of the veterinary corporation's capital stock to a person that is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter. (3) An individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter: (a) may not serve as an officer or director of a veterinary corporation; and (b) may serve as secretary or treasurer of a veterinary corporation. (4) A veterinary limited liability company or a veterinary partnership may include an individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.
Utah Code § 58-60b-116 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-116
§ 58-60b-116. Section 16 -- Consistent effect and conflict with other state laws.
Status: in_force

A. A Licensee providing services in a Remote State under a Multistate Authorization to Practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the Remote State where the client is located at the time care is rendered.B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.D. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
Utah Code § 58-61-306 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-306
§ 58-61-306. Continuing education.
Status: in_force

By rule made under Section 58-1-203, the division may establish a continuing education requirement as a condition for renewal of a license under this chapter upon finding continuing education is necessary to reasonably protect the public health, safety, or welfare.
Utah Code § 58-37-406 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-406
§ 58-37-406. Exemption for 7-hydroxymitragyine in kratom products.
Status: in_force

(1) As used in this section, "pure leaf kratom" means the same as that term is defined in Section 4-45-102. (2) Notwithstanding any other provision of this chapter a person who possesses, manufacturers, or distributes pure leaf kratom is not subject to the penalties described in this title or Title 76, Chapter 18, Drug Offenses, for the possession, manufacture, or distribution of 7-hydroxymitragynine to the extent that the person's possession, manufacture, or distribution of the pure leaf kratom complies with Title 4, Chapter 45, Kratom Regulation Act. (3) Notwithstanding any other provision of this chapter and until March 6, 2027, a person who possesses, manufacturers, or distributes a kratom product in accordance with Subsection 4-45-104(5) is not subject to the penalties described in this title or Title 76, Chapter 18, Drug Offenses, for the possession, manufacture, or distribution of 7-hydroxymitragine.
Utah Code § 58-74-101 — Utah Code / Title 58 / Chapter 58-74 / § 58-74-101
§ 58-74-101. Title.
Status: in_force

This chapter is known as the "State Certification of Court Reporters Act."
Utah Code § 58-60b-107 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-107
§ 58-60b-107. Section 7 -- Reissuance of a Multistate License by a new Home State.
Status: in_force

A. A Licensee can hold a Multistate License, issued by their Home State, in only one Member State at any given time.B. If a Licensee changes their Home State by moving between two Member States:1. The Licensee shall immediately apply for the reissuance of their Multistate License in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home State in accordance with the Rules of the Commission.2. Upon receipt of an application to reissue a Multistate License, the new Home State shall verify that the Multistate License is active, unencumbered and eligible for reissuance under the terms of the Compact and the Rules of the Commission. The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with the applicable Rules adopted by the Commission.3. Prior to the reissuance of the Multistate License, the new Home State shall conduct procedures for considering the criminal history records of the Licensee. Such procedures shall include the submission of fingerprints or other biometric-based information 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.4. If required for initial licensure, the new Home State may require completion of jurisprudence requirements in the new Home State.5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee shall be subject to the new Home State requirements for the issuance of a Single State License in that State.C. If a Licensee changes their primary State of residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, then the Licensee shall be subject to the State requirements for the issuance of a Single State License in the new Home State.D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States; however, for the purposes of this Compact, a Licensee shall have only one Home State, and only one Multistate License.E. Nothing in this Compact shall interfere with the requirements established by a Member State for the issuance of a Single State License.
Utah Code § 58-85-106 — Utah Code / Title 58 / Chapter 58-85 / § 58-85-106
§ 58-85-106. Use of investigational drugs and devices during a major public health emergency -- Limitations -- Immunity.
Status: in_force

(1) As used in this section: (a) "Declared major public health emergency" means a state of emergency declared by the governor under Section 53-2a-206 as the result of a major public health emergency. (b) "Health care provider" means the same as that term is defined in Section 78B-3-403. (c) "Insurer" means the same as that term is defined in Section 31A-22-634. (d) "Major public health emergency" means an occurrence of imminent threat of an illness or health condition that: (i) is believed to be caused by: (A) bioterrorism; (B) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; (C) a natural disaster; (D) a chemical attack or accidental release; or (E) a nuclear attack or accident; and (ii) poses a high probability of: (A) a large number of deaths in the affected population; (B) a large number of serious or long-term disabilities in the affected population; or (C) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population. (e) "Physician" means the same as that term is defined in Section 58-67-102. (f) "Qualified patient" means a patient who has been diagnosed with a condition that has resulted in a declared major public health emergency. (2) (a) To the extent permitted under federal law, a qualified patient may obtain an investigational drug through an agreement with the investigational drug's manufacturer and the qualified patient's physician that provides: (i) for the transfer of the investigational drug from the manufacturer to the physician; and (ii) that the physician will administer the investigational drug to the qualified patient. (b) To the extent permitted under federal law, a qualified patient may obtain an investigational device through an agreement with the investigational device's manufacturer and the qualified patient's physician that provides: (i) for the transfer of the investigational device from the manufacturer to the physician; and (ii) that the physician will use the investigational device to treat the qualified patient. (c) The agreement described in Subsection (2)(a) or (b) shall include an informed consent document that, based on the physician's knowledge of the relevant investigational drug or investigational device: (i) describes the possible positive and negative outcomes the qualified patient could experience if the physician treats the qualified patient with the investigational drug or investigational device; (ii) states that an insurer is not required to cover the cost of providing the investigational drug or investigational device to the qualified patient; (iii) states that, subject to Subsection (5), an insurer may deny coverage for the qualified patient; and (iv) states that the qualified patient may be liable for all expenses caused by the physician treating the patient with the investigational drug or investigational device, unless the agreement provides otherwise. (3) The physician of a qualified patient shall notify the qualified patient's insurer of: (a) the day on which the physician treated the qualified patient with an investigational drug or investigational device; and (b) the investigational drug or investigational device used under an agreement described in Subsection (2). (4) (a) It is not a breach of the applicable standard of care for a health care provider to treat a qualified patient with an investigational drug or investigational device under this section. (b) A health care provider that treats a qualified patient with an investigational drug or investigational device in accordance with this section is not subject to civil liability, criminal liability, or sanctions against the health care provider's license for any harm to the qualified patient resulting from the qualified patient's use of the investigational drug or device. (5) (a) This section does not: (i) require a manufacturer of an investigational drug or investigational device to agree to make an investigational drug or investigational device available to a qualified patient or a qualified patient's physician; (ii) require a physician to agree to: (A) administer an investigational drug to a qualified patient under this section; or (B) treat a qualified patient with an investigational device under this section; (iii) create a private right of action for a qualified patient against a health care provider for the health care provider's refusal to: (A) administer an investigational drug to a qualified patient under this section; or (B) treat a qualified patient with an investigational device under this section; or (iv) create a private right of action for a qualified patient against a manufacturer for the manufacturer's refusal to provide a qualified patient with an investigational drug or an investigational device under this section. (b) This section does not: (i) require an insurer to cover the cost of: (A) administering an investigational drug under this section; or (B) treating a patient with an investigational device under this section; or (ii) prohibit an insurer from covering the cost of: (A) administering an investigational drug under this section; or (B) treating a patient with an investigational device under this section. (c) Except as described in Subsection (5)(d), an insurer may deny coverage to a qualified patient who is treated with an investigational drug or investigational device for harm to the qualified patient caused by the investigational drug or investigational device. (d) An insurer may not deny coverage to a qualified patient under Subsection (5)(c) for: (i) the qualified patient's preexisting condition; (ii) benefits that commenced before the day on which the qualified patient was treated with the investigational drug or investigational device; or (iii) palliative or hospice care for a qualified patient that has been treated with an investigational drug or investigational device but is no longer receiving curative treatment with the investigational drug or investigational device.
Utah Code § 58-91-501 — Utah Code / Title 58 / Chapter 58-91 / § 58-91-501
§ 58-91-501. Unlawful conduct.
Status: in_force

"Unlawful conduct" includes: (1) a licensee employing the services of an unlicensed individual to perform the duties of a licensee, except as provided in Section 58-91-304; (2) filing with the division fingerprint cards for an applicant that are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in the division's consideration of the qualifications of the applicant for licensure; (3) practicing or engaging in, or attempting to practice or engage in, activity for which a license is required under this chapter, unless the individual: (a) holds a license; or (b) is exempted from licensure as provided in Section 58-91-304; (4) knowingly employing another person to engage in or practice or attempt to engage in or practice an occupation or profession licensed under this chapter, if the employee: (a) is not licensed to do so under this chapter; or (b) is not exempt from licensure; and (5) charging a client a fee that the constable is prohibited from charging under Section 78B-7-105 or 78B-7-207.
Utah Code § 58-61-101 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-101
§ 58-61-101. Title.
Status: in_force

This chapter is known as the "Psychologist Licensing Act."
Utah Code § 58-17b-502 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-502
§ 58-17b-502. Unprofessional conduct.
Status: in_force

7/1/2026 (1) "Unprofessional conduct" includes: (a) willfully deceiving or attempting to deceive the division, the board, or their agents as to any relevant matter regarding compliance under this chapter; (b) except as provided in Subsection (2): (i) paying or offering rebates to practitioners or any other health care providers, or receiving or soliciting rebates from practitioners or any other health care provider; or (ii) paying, offering, receiving, or soliciting compensation in the form of a commission, bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care provider, for the purpose of obtaining referrals; (c) misbranding or adulteration of any drug or device or the sale, distribution, or dispensing of any outdated, misbranded, or adulterated drug or device; (d) engaging in the sale or purchase of drugs or devices that are samples or packages bearing the inscription "sample" or "not for resale" or similar words or phrases; (e) except as provided in Section 58-17b-503, accepting back and redistributing any unused drug, or a part of the unused drug, after the unused drug has left the premises of a pharmacy; (f) an act in violation of this chapter that a person commits for any form of compensation if the act is incidental to the person's professional activities, including the activities of a pharmacist, pharmacy intern, or pharmacy technician; (g) violating: (i) the federal Controlled Substances Act, Title II, P.L. 91-513; (ii) Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; or (iii) rules or regulations adopted under either act; (h) requiring or permitting pharmacy interns or technicians to engage in activities outside the scope of practice for their respective license classifications, as defined in this chapter and division rules made in collaboration with the board, or beyond their scope of training and ability; (i) administering: (i) without appropriate training, as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) without a physician's order, when the law requires a physician's order; or (iii) in conflict with a practitioner's written guidelines or written protocol for administering; (j) disclosing confidential patient information in violation of the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended, or other applicable law; (k) engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-charge; (l) failing to report to the division any adverse action that another licensing jurisdiction, government agency, law enforcement agency, or court takes for conduct that in substance would be considered unprofessional conduct under this section; (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage form which is commonly available from a manufacturer in quantities and strengths a practitioner prescribes; (n) failing to act in accordance with Title 26B, Chapter 4, Part 5, Treatment Access, when dispensing a self-administered hormonal contraceptive under a standing order; (o) violating the requirements of Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (p) falsely making an entry in, or altering, a medical record with the intent to conceal: (i) 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 (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1). (2) Subsection (1)(b) does not apply to: (a) giving or receiving a price discount based on purchase volume; (b) passing along a pharmaceutical manufacturer's rebate; or (c) providing compensation for services to a veterinarian. (3) "Unprofessional conduct" does not include: (a) in accordance withTitle 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy; or (b) if a pharmacist reasonably believes that a prescription drug will have adverse or harmful effects on an individual and warns the individual of the potential effects, filling a prescription prescribed by a health care provider who: (i) is operating within the health care provider's scope of practice; and (ii) is deviating from a medical norm or established practice in accordance with Subsection 58-1-501(2)(b)(i). (4) Notwithstanding Subsection (3), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).7/1/2026 (1) "Unprofessional conduct" includes: (a) willfully deceiving or attempting to deceive the division, the board, or their agents as to any relevant matter regarding compliance under this chapter; (b) except as provided in Subsection (2): (i) paying or offering rebates to practitioners or any other health care providers, or receiving or soliciting rebates from practitioners or any other health care provider; or (ii) paying, offering, receiving, or soliciting compensation in the form of a commission, bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care provider, for the purpose of obtaining referrals; (c) misbranding or adulteration of any drug or device or the sale, distribution, or dispensing of any outdated, misbranded, or adulterated drug or device; (d) engaging in the sale or purchase of drugs or devices that are samples or packages bearing the inscription "sample" or "not for resale" or similar words or phrases; (e) except as provided in Section 58-17b-503, accepting back and redistributing any unused drug, or a part of the unused drug, after the unused drug has left the premises of a pharmacy; (f) an act in violation of this chapter that a person commits for any form of compensation if the act is incidental to the person's professional activities, including the activities of a pharmacist, pharmacy intern, or pharmacy technician; (g) violating: (i) the federal Controlled Substances Act, Title II, P.L. 91-513; (ii) Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; or (iii) rules or regulations adopted under either act; (h) requiring or permitting pharmacy interns or technicians to engage in activities outside the scope of practice for their respective license classifications, as defined in this chapter and division rules made in collaboration with the board, or beyond their scope of training and ability; (i) administering: (i) without appropriate training, as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) without a physician's order, when the law requires a physician's order; or (iii) in conflict with a practitioner's written guidelines or written protocol for administering; (j) disclosing confidential patient information in violation of the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended, or other applicable law; (k) engaging in the practice of pharmacy without a licensed pharmacist designated as the pharmacist-in-charge; (l) failing to report to the division any adverse action that another licensing jurisdiction, government agency, law enforcement agency, or court takes for conduct that in substance would be considered unprofessional conduct under this section; (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage form which is commonly available from a manufacturer in quantities and strengths a practitioner prescribes; (n) failing to act in accordance with Title 26B, Chapter 4, Part 5, Treatment Access, when dispensing a self-administered hormonal contraceptive under a standing order; (o) violating the requirements of Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (p) falsely making an entry in, or altering, a medical record with the intent to conceal: (i) 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 (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1). (2) Subsection (1)(b) does not apply to: (a) giving or receiving a price discount based on purchase volume; (b) passing along a pharmaceutical manufacturer's rebate; or (c) providing compensation for services to a veterinarian. (3) "Unprofessional conduct" does not include: (a) in accordance withTitle 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy; or (b) if a pharmacist reasonably believes that a prescription drug will have adverse or harmful effects on an individual and warns the individual of the potential effects, filling a prescription prescribed by a health care provider who: (i) is operating within the health care provider's scope of practice; and (ii) is deviating from a medical norm or established practice in accordance with Subsection 58-1-501(2)(b)(i). (4) Notwithstanding Subsection (3), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
Utah Code § 58-60b-112 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-112
§ 58-60b-112. Section 12 -- Rulemaking.
Status: in_force

A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.B. The Rules of the Commission shall have the force of law in each Member State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State's laws, regulations, and applicable standards that govern the practice of Social Work as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the Rule or amendment, whichever is later.D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.E. Rules shall be adopted at a regular or special meeting of the Commission.F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:1. On the website of the Commission or other publicly accessible platform;2. To persons who have requested notice of the Commission's notices of proposed rulemaking; and3. In such other way(s) as the Commission may by Rule specify.H. The Notice of Proposed Rulemaking shall include:1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule;2. If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the Notice of Proposed Rulemaking;3. The text of the proposed Rule and the reason therefor;4. A request for comments on the proposed Rule from any interested person; and5. The manner in which interested persons may submit written comments.I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public.J. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.K. The Commission shall, by majority vote of all members, take final action on the proposed Rule based on the Rulemaking record and the full text of the Rule.1. The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Section 12.L, the effective date of the Rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the Rule.L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the usual Rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or Member State funds;3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or4. Protect public health and safety.M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.N. No Member State's rulemaking requirements shall apply under this compact.
Utah Code § 58-37f-701 — Utah Code / Title 58 / Chapter 58-37f / § 58-37f-701
§ 58-37f-701. Immunity from liability.
Status: in_force

(1) An individual who has submitted information to or accessed and reviewed the database in accordance with this chapter may not be held civilly liable, including under Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act, for such actions, or a lack of action, which are protected and are not subject to civil discovery, as provided in Section 58-37f-302. (2) Nothing in Section 58-37f-304 establishes a minimum standard of care for prescribers and dispensers.
Utah Code § 58-63-301 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-301
§ 58-63-301. Licensure required -- License classifications.
Status: in_force

(1) A license is required to engage in the practice of a contract security company, an armored car company, an armored car security officer, armed private security officer, or unarmed private security officer, except as otherwise provided in Section 58-1-307, 58-63-304, or 58-63-310. (2) The division shall issue to a person who qualifies under this chapter a license in the following classifications: (a) contract security company; (b) armored car company; (c) armored car security officer; (d) armed private security officer; or (e) unarmed private security officer.
Utah Code § 58-60-501 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-501
§ 58-60-501. Title.
Status: in_force

This part is known as the "Substance Use Disorder Counselor Act."
Utah Code § 58-46a-303 — Utah Code / Title 58 / Chapter 58-46a / § 58-46a-303
§ 58-46a-303. Term of license -- Expiration -- Renewal of specialist and intern licenses.
Status: in_force

(1) (a) (i) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (ii) The division may extend or shorten the renewal period by as much as one year to maintain established renewal cycles or to change an established renewal cycle. (b) As a condition for renewal or reinstatement of licensure, the applicant shall attest that the applicant will: (i) maintain competence and safe practices; and (ii) provide evidence as the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, documenting competence at the division's request. (c) A hearing instrument specialist license automatically expires on the expiration date shown on the license. (2) (a) The division shall issue a license for a hearing instrument intern for a term of three years. (b) The division may renew a license for a hearing instrument intern for a term of three years for good cause shown, as determined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-1-513 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-513
§ 58-1-513. Recommending medical provider cannabis advertisement -- Payment restriction -- Unprofessional conduct.
Status: in_force

(1) As used in this section: (a) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (b) "Targeted marketing" means the same as that term is defined in Section 26B-4-201. (2) (a) Except as provided in Subsections (2)(b) and (c), a person may not advertise that the person or the person's employee recommends a medical cannabis treatment. (b) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may advertise only the following: (i) a green cross; (ii) the provider's or clinic's name and logo; (iii) a qualifying condition that the individual treats; (iv) that the recommending medical provider, medical clinic, or medical office evaluates patients for medical cannabis recommendations; (v) a scientific study regarding medical cannabis use; or (vi) contact information. (c) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may engage in targeted marketing, as determined by the Department of Health and Human Services through rule, for advertising medical cannabis recommendation services. (3) (a) A recommending medical provider may not: (i) receive any compensation or benefit for the recommending medical provider's medical cannabis treatment recommendation from: (A) a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment; (B) a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or (C) a recommending medical provider or pharmacy medical provider; or (ii) provide a medical cannabis recommendation at a medical clinic or medical office that is violating the advertising limitations described in Subsection (2). (b) A violation of Subsection (3)(a) is unprofessional conduct.
Utah Code § 58-22-104 — Utah Code / Title 58 / Chapter 58-22 / § 58-22-104
§ 58-22-104. Surcharge fee.
Status: in_force

(1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee. (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.
Utah Code § 58-1-301.7 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-301.7
§ 58-1-301.7. Change of information.
Status: in_force

(1) (a) An applicant, licensee, or certificate holder shall notify the division within 10 business days of a change in mailing address or email address. (b) When providing a mailing address, the individual may provide a post office box or other mail drop location. (c) In addition to providing a mailing address, an applicant, licensee, or certificate holder shall provide to the division, in a form approved by the division, an email address. (2) An applicant, licensee, or certificate holder is considered to have received a notification that has been sent to the most recent: (a) mailing address provided to the division by the applicant, licensee, or certificate holder; or (b) email address furnished to the division by the applicant, licensee, or certificate holder.
Utah Code § 58-67b-105 — Utah Code / Title 58 / Chapter 58-67b / § 58-67b-105
§ 58-67b-105. Section 4 -- Designation of state of principal license.
Status: in_force

(1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is: (a) the state of primary residence for the physician; (b) the state where at least 25% of the practice of medicine occurs; (c) the location of the physician's employer; or (d) if no state qualifies under Subsection (1)(a), Subsection (1)(b), or Subsection (1)(c), the state designated as state of residence for purpose of federal income tax. (2) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in Subsection (1). (3) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
Utah Code § 58-55-602 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-602
§ 58-55-602. Penalty for unlawful conduct.
Status: in_force

1/1/2027 (1) (a) An individual commits a class A misdemeanor by violating: (i) Section 58-55-503; (ii) Section 58-55-504; (iii) Subsections 58-55-601(1) through (7), (9), (10), and (12), (14)(e), or (21) through (24); or (iv) failing to comply with a citation issued under this chapter. (b) An individual who violates Subsection 58-55-601(8) may not receive or accept a contract to perform work or act as a qualifier. (2) (a) An individual commits an infraction by violating Subsection 58-55-601(13). (b) An individual commits theft under Section 76-6-404 if the individual violates Subsection 58-55-601(13) and intends to deprive the payee of money owed.
Utah Code § 58-93-502 — Utah Code / Title 58 / Chapter 58-93 / § 58-93-502
§ 58-93-502. Unprofessional conduct.
Status: in_force

9/1/2026Unprofessional conduct under this chapter includes: (1) (a) failing, as a bail bond agency, to notify the division of the cessation of performance of the bail bond agency's qualifier; or (b) failing to replace the bail bond agency's qualifier, as required under Section 58-93-309; (2) failing to carry or display a badge issued under Section 58-93-504; (3) employment, as a bail bond agency, or as a qualifier knowing that the individual has engaged in conduct that is inconsistent with the duties and responsibilities of a licensee under this chapter; (4) failing to comply with operating standards established by rule; (5) using any letterhead, advertising, or other printed matter in a manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state; (6) using a name different from that under which the licensee is currently licensed for an advertisement, a solicitation, or a contract to secure business unless the name is a D.B.A.; (7) falsifying fingerprints or photographs while operating under this chapter; (8) soliciting business for an attorney in return for compensation; (9) conviction for: (a) a felony; (b) an act involving illegally using, carrying, or possessing a dangerous weapon; (c) an act involving moral turpitude; (d) an act of personal violence or force against a person or threatening to commit an act of personal violence or force against a person; (e) an act constituting dishonesty or fraud; (f) impersonating a peace officer; (g) an act of illegally obtaining or disseminating a private, controlled, or protected record under Section 63G-2-801; or (h) if the person is a bail bond agency, failing to pay bail funds to a court upon entry of a final judgment against the bail bond agency; (10) being placed on probation, parole, compensatory service, or named in an outstanding arrest warrant; (11) failing or refusing to cooperate with, failing to provide truthful information to, or refusing access to an authorized representative of the division engaged in an official investigation including the wrongful withholding of materials sought by the division through a subpoena duces tecum; (12) failure to maintain in full force the insurance and surety bond requirements of this chapter; (13) advertising in a false, deceptive, or misleading manner; (14) failing to identify the name, business address, and telephone number of the bail bond agency for which the licensee is an employee or an independent contractor; (15) failing to adhere to the licensee representation, badge, and identifying clothing requirements under Section 58-93-504; (16) failing to adhere to the requirements during search and seizure and notification of law enforcement agency provisions of Section 58-93-505; and (17) aiding, incentivizing, encouraging, or offering material aid to any person to violate this chapter.
Utah Code § 58-46a-302.5 — Utah Code / Title 58 / Chapter 58-46a / § 58-46a-302.5
§ 58-46a-302.5. Supervision requirements -- Hearing instrument interns.
Status: in_force

(1) Except as provided in Subsection (2), a hearing instrument intern may practice as a hearing instrument intern only under the direct supervision of a supervising hearing instrument specialist or supervising audiologist. (2) A hearing instrument intern may practice under the indirect supervision of a supervising hearing instrument specialist if the hearing instrument intern: (a) receives a passing score on a practical examination demonstrating acceptable skills in the area of hearing testing the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) completes an education and examination program or an equivalent college level program that the division approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-9-606 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-606
§ 58-9-606. Right to rely -- Immunity.
Status: in_force

(1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, or other authorization for a decedent's disposition warrants the truthfulness of the facts set forth in the document, including the identity of the decedent and the person's authority to order the disposition. (2) A funeral service establishment has the right to rely on a contract or authorization executed under Subsection (1) and may carry out the instructions of the person whom its funeral service director reasonably believes holds the right of disposition. (3) A funeral service director incurs no civil or criminal liability for failure to contact or independently investigate the existence of any next-of-kin or relative of the decedent. (4) If there are at least two persons in the nearest class of the next-of-kin who are equal in priority and a funeral service director has no knowledge of an objection by other members of the class, the funeral service director may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements. (5) A funeral service establishment or funeral service director who relies in good faith on the instructions of a person claiming the right of disposition under this part is immune from civil and criminal liability and disciplinary action in carrying out the disposition of a decedent's remains in accordance with that person's instructions.
Utah Code § 58-17b-102 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-102
§ 58-17b-102. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Administering" means: (a) the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or (b) the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. (2) "Adulterated drug or device" means a drug or device considered adulterated under 21 U.S.C. Sec. 351 (2003). (3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for the purpose of analysis. (b) "Analytical laboratory" does not include a laboratory possessing prescription drugs used as standards and controls in performing drug monitoring or drug screening analysis if the prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid components, organic solvents, or inorganic buffers at a concentration not exceeding one milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic use. (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by the use of prescription drugs. (5) "Automated pharmacy systems" includes mechanical systems which perform operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing, or distribution of medications, and which collect, control, and maintain all transaction information. (6) "Beyond use date" means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created in Section 58-17b-201. (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically underserved area, used for the storage and dispensing of prescription drugs, which is dependent upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and approved by the division as the parent pharmacy. (9) "Centralized prescription processing" means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions such as dispensing, drug utilization review, claims adjudication, refill authorizations, and therapeutic interventions. (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a retail pharmacy to compound or dispense a drug or dispense a device to the public under a prescription order. (11) "Class B pharmacy": (a) means a pharmacy located in Utah: (i) that is authorized to provide pharmaceutical care for patients in an institutional setting; and (ii) whose primary purpose is to provide a physical environment for patients to obtain health care services; and (b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and (ii) pharmaceutical administration and sterile product preparation facilities. (12) "Class C pharmacy" means a pharmacy that engages in the manufacture, production, wholesale, or distribution of drugs or devices in Utah. (13) "Class D pharmacy" means a nonresident pharmacy. (14) "Class E pharmacy" means all other pharmacies. (15) (a) "Closed-door pharmacy" means a pharmacy that: (i) provides pharmaceutical care to a defined and exclusive group of patients who have access to the services of the pharmacy because they are treated by or have an affiliation with a specific entity, including a health maintenance organization or an infusion company; or (ii) engages exclusively in the practice of telepharmacy and does not serve walk-in retail customers. (b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods to the general public, or the office of a practitioner. (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical care functions authorized by the practitioner or practitioners under certain specified conditions or limitations. (17) "Collaborative pharmacy practice agreement" means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients, initiating therapy, and prevention of disease of human subjects. (18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device: (i) as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice; (ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or (iii) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. (b) "Compounding" does not include: (i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to another pharmacist or pharmaceutical facility; (ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a dosage form which is regularly and commonly available from a manufacturer in quantities and strengths prescribed by a practitioner; or (iii) the preparation of a prescription drug, sterile product, or device which has been withdrawn from the market for safety reasons. (19) "Confidential information" has the same meaning as "protected health information" under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Parts 160 and 164. (20) "Controlled substance" means the same as that term is defined in Section 58-37-101. (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter 417, Sec. 3a(ff) which is incorporated by reference. (22) "Dispense" means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. (23) "Dispensing medical practitioner" means an individual who is: (a) currently licensed as: (i) a physician and surgeon under Chapter 67, Utah Medical Practice Act; (ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act; (iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act; (iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or (v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and (b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. (24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. (25) "Distribute" means to deliver a drug or device other than by administering or dispensing. (26) (a) "Drug" means: (i) 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; (ii) 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; (iii) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (iv) substances intended for use as a component of any substance specified in Subsections (26)(a)(i) through (iii). (b) "Drug" does not include dietary supplements. (27) "Drug regimen review" includes the following activities: (a) evaluation of the prescription drug order and patient record for: (i) known allergies; (ii) rational therapy-contraindications; (iii) reasonable dose and route of administration; and (iv) reasonable directions for use; (b) evaluation of the prescription drug order and patient record for duplication of therapy; (c) evaluation of the prescription drug order and patient record for the following interactions: (i) drug-drug; (ii) drug-food; (iii) drug-disease; and (iv) adverse drug reactions; and (d) evaluation of the prescription drug order and patient record for proper utilization, including over- or under-utilization, and optimum therapeutic outcomes. (28) "Drug sample" means a prescription drug packaged in small quantities consistent with limited dosage therapy of the particular drug, which is marked "sample", is not intended to be sold, and is intended to be provided to practitioners for the immediate needs of patients for trial purposes or to provide the drug to the patient until a prescription can be filled by the patient. (29) "Electronic signature" means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (30) "Electronic transmission" means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. (31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. (32) "Legend drug" has the same meaning as prescription drug. (33) "Licensed pharmacy technician" means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. (34) "Manufacturer" means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. (35) (a) "Manufacturing" means: (i) the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; and (ii) the promotion and marketing of such drugs or devices. (b) "Manufacturing" includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. (c) "Manufacturing" does not include the preparation or compounding of a drug by a pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation, compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical analysis. (36) "Medical order" means a lawful order of a practitioner which may include a prescription drug order. (37) "Medication profile" or "profile" means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. (38) "Misbranded drug or device" means a drug or device considered misbranded under 21 U.S.C. Sec. 352 (2003). (39) (a) "Nonprescription drug" means a drug which: (i) may be sold without a prescription; and (ii) is labeled for use by the consumer in accordance with federal law. (b) "Nonprescription drug" includes homeopathic remedies. (40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a person in Utah. (41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service. (42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that: (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription; (b) provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. (43) "Patient counseling" means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. (44) "Pharmaceutical administration facility" means a facility, agency, or institution in which: (a) prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency; (b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and (c) prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. (45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule: (i) designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient's disease; (ii) eliminating or reducing a patient's symptoms; or (iii) arresting or slowing a disease process. (b) "Pharmaceutical care" does not include prescribing of drugs without consent of a prescribing practitioner. (46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. (47) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. (b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical facility carrying out the following business activities: (i) intracompany sales; (ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell, purchase, or trade a prescription drug or device, if the activity is carried out between one or more of the following entities under common ownership or common administrative control, as defined by division rule: (A) hospitals; (B) pharmacies; (C) chain pharmacy warehouses, as defined by division rule; or (D) other health care entities, as defined by division rule; (iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell, purchase, or trade a prescription drug or device, for emergency medical reasons, including supplying another pharmaceutical facility with a limited quantity of a drug, if: (A) the facility is unable to obtain the drug through a normal distribution channel in sufficient time to eliminate the risk of harm to a patient that would result from a delay in obtaining the drug; and (B) the quantity of the drug does not exceed an amount reasonably required for immediate dispensing to eliminate the risk of harm; (iv) the distribution of a prescription drug or device as a sample by representatives of a manufacturer; and (v) the distribution of prescription drugs, if: (A) the facility's total distribution-related sales of prescription drugs does not exceed 5% of the facility's total prescription drug sales; and (B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11. (48) "Pharmacist" means an individual licensed by this state to engage in the practice of pharmacy. (49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. (50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or more years of licensed experience. The preceptor serves as a teacher, example of professional conduct, and supervisor of interns in the professional practice of pharmacy. (51) "Pharmacy" means any place where: (a) drugs are dispensed; (b) pharmaceutical care is provided; (c) drugs are processed or handled for eventual use by a patient; or (d) drugs are used for the purpose of analysis or research. (52) "Pharmacy benefits manager or coordinator" means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. (53) "Pharmacy intern" means an individual licensed by this state to engage in practice as a pharmacy intern. (54) "Pharmacy manager" means: (a) a pharmacist-in-charge; (b) a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration; (c) an individual who manages the facility in which a licensed pharmacy is located; (d) an individual who oversees the operations of a licensed pharmacy; (e) an immediate supervisor of an individual described in Subsections (54)(a) through (d); or (f) another operations or site manager of a licensed pharmacy. (55) "Pharmacy technician training program" means an approved technician training program providing education for pharmacy technicians. (56) (a) "Practice as a dispensing medical practitioner" means the practice of pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and division rule adopted after consultation with the Board of pharmacy and the governing boards of the practitioners described in Subsection (23)(a). (b) "Practice as a dispensing medical practitioner" does not include: (i) using a vending type of dispenser as defined by the division by administrative rule; or (ii) except as permitted by Section 58-17b-805, dispensing of a controlled substance as defined in Section 58-37-101. (57) "Practice as a licensed pharmacy technician" means engaging in practice as a pharmacy technician under the general supervision of a licensed pharmacist and in accordance with a scope of practice defined by division rule made in collaboration with the board. (58) "Practice of pharmacy" includes the following: (a) providing pharmaceutical care; (b) collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement; (c) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is: (i) pursuant to a lawful order of a practitioner when one is required by law; and (ii) in accordance with written guidelines or protocols: (A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or (B) approved by the division, in collaboration with the board and, when appropriate, the Medical Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist; (d) participating in drug utilization review; (e) ensuring proper and safe storage of drugs and devices; (f) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession; (g) providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses; (h) providing drug product equivalents; (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians; (j) providing patient counseling, including adverse and therapeutic effects of drugs; (k) providing emergency refills as defined by rule; (l) telepharmacy; (m) formulary management intervention; (n) prescribing and dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and (o) issuing a prescription in accordance with Section 58-17b-610.8 or 58-17b-627. (59) "Practice of telepharmacy" means the practice of pharmacy through the use of telecommunications and information technologies. (60) "Practice of telepharmacy across state lines" means the practice of pharmacy through the use of telecommunications and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction. (61) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. (62) "Prescribe" means to issue a prescription: (a) orally or in writing; or (b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. (63) "Prescription" means an order issued: (a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and (b) for a controlled substance or other prescription drug or device for use by a patient or an animal. (64) "Prescription device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, and any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by or through a person or entity licensed under this chapter or exempt from licensure under this chapter. (65) "Prescription drug" means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. (66) "Repackage": (a) means changing the container, wrapper, or labeling to further the distribution of a prescription drug; and (b) does not include: (i) Subsection (66)(a) when completed by the pharmacist responsible for dispensing the product to a patient; or (ii) changing or altering a label as necessary for a dispensing practitioner under Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, for dispensing a product to a patient. (67) "Research using pharmaceuticals" means research: (a) conducted in a research facility, as defined by division rule, that is associated with a university or college in the state accredited by the Northwest Commission on Colleges and Universities; (b) requiring the use of a controlled substance, prescription drug, or prescription device; (c) that uses the controlled substance, prescription drug, or prescription device in accordance with standard research protocols and techniques, including, if required, those approved by an institutional review committee; and (d) that includes any documentation required for the conduct of the research and the handling of the controlled substance, prescription drug, or prescription device. (68) "Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs and devices to the general public. (69) (a) "Self-administered hormonal contraceptive" means a self-administered hormonal contraceptive that is approved by the United States Food and Drug Administration to prevent pregnancy. (b) "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. (c) "Self-administered hormonal contraceptive" does not include any drug intended to induce an abortion, as that term is defined in Section 76-7-301. (70) "Self-audit" means an internal evaluation of a pharmacy to determine compliance with this chapter. (71) "Supervising pharmacist" means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. (72) "Supportive personnel" means unlicensed individuals who: (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and (b) are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. (73) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-501. (74) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. (75) "Veterinary pharmaceutical facility" means a pharmaceutical facility that dispenses drugs intended for use by animals or for sale to veterinarians for the administration for animals. (76) "Written communication" means a physical document, or an electronic communication, by or from which the recipient may read or access the information intended to be communicated, including: (a) email; (b) text message; and (c) quick response (QR) code.
Utah Code § 58-17b-620 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-620
§ 58-17b-620. Prescriptions issued within the public health system.
Status: in_force

(1) As used in this section: (a) "Department of Health and Human Services" means the Department of Health and Human Services created in Section 26B-1-201. (b) "Health department" means either the Department of Health and Human Services or a local health department. (c) "Local health departments" mean the local health departments created in Title 26A, Chapter 1, Local Health Departments. (2) When it is necessary to treat a reportable disease or non-emergency condition that has a direct impact on public health, a health department may implement the prescription procedure described in Subsection (3) for a prescription drug that is not a controlled substance for use in: (a) a clinic; or (b) a remote or temporary off-site location, including a triage facility established in the community, that provides: (i) treatment for sexually transmitted infections; (ii) fluoride treatment; (iii) travel immunization; (iv) preventative treatment for an individual with latent tuberculosis infection; (v) preventative treatment for an individual at risk for an infectious disease that has a direct impact on public health when the treatment is indicated to prevent the spread of disease or to mitigate the seriousness of infection in the exposed individual; or (vi) other treatment as defined by the Department of Health and Human Services by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) In a circumstance described in Subsection (2), an individual with prescriptive authority may write a prescription for each contact, as defined in Section 26B-7-201, of a patient of the individual with prescriptive authority without a face-to-face exam, if: (a) the individual with prescriptive authority is treating the patient for a reportable disease or non-emergency condition having a direct impact on public health; and (b) the contact's condition is the same as the patient of the individual with prescriptive authority. (4) The following prescription procedure shall be carried out in accordance with the requirements of Subsection (5) and may be used only in the circumstances described under Subsections (2) and (3): (a) a physician writes and signs a prescription for a prescription drug, other than a controlled substance, without the name and address of the patient and without the date the prescription is provided to the patient; and (b) the physician authorizes a registered nurse employed by the health department to complete the prescription written under this Subsection (4) by inserting the patient's name and address, and the date the prescription is provided to the patient, in accordance with: (i) the physician's standing written orders; and (ii) a written health department protocol approved by the medical director of the local health department or the medical director of the Department of Health and Human Services. (5) A physician assumes responsibility for all prescriptions issued under this section in the physician's name. (6) (a) All prescription forms to be used by a physician and health department in accordance with this section shall be serially numbered according to a numbering system assigned to that health department. (b) All prescriptions issued shall contain all information required under this chapter and rules adopted under this chapter. (7) Notwithstanding Sections 58-17b-302 and 58-17b-309, a nurse who is employed by a health department and licensed under Chapter 31b, Nurse Practice Act, may dispense a drug to treat a sexually transmitted infection if the drug is: (a) a prepackaged drug as defined in Section 58-17b-802; (b) dispensed under a prescription authorized by this section; (c) provided at a location that is described in Subsection (2)(a) or (b) and operated by the health department; (d) provided in accordance with a dispensing standard that is issued by a physician who is employed by the health department; and (e) if applicable, in accordance with requirements established by the division in collaboration with the board under Subsection (8). (8) The division may make rules in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish specific requirements regarding the dispensing of a drug under Subsection (7).
Utah Code § 58-67-702 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-702
§ 58-67-702. Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.
Status: in_force

(1) As used in this section: (a) "Dispense" means the same as that term is defined in Section 58-17b-102. (b) "Expired opiate antagonist" means an opiate antagonist that is no more than 24 months past the month and year of the opiate antagonist's expiration date. (c) "Increased risk" means the same as that term is defined in Section 26B-4-501. (d) (i) "Opiate antagonist" means the same as that term is defined in Section 26B-4-501. (ii) "Opiate antagonist" includes an expired opiate antagonist. (e) "Opiate-related drug overdose event" means the same as that term is defined in Section 26B-4-501. (f) "Prescribe" means the same as that term is defined in Section 58-17b-102. (2) The prescribing or dispensing of an opiate antagonist by a licensee under this chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the opiate antagonist: (a) in a good faith effort to assist: (i) an individual who is at increased risk of experiencing an opiate-related drug overdose event; or (ii) a family member of, friend of, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; or (b) to an overdose outreach provider pursuant to Subsection 26B-4-509(2)(a)(iii). (3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.
Utah Code § 58-16a-502 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-502
§ 58-16a-502. Unprofessional conduct.
Status: in_force

7/1/2026"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501: (1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with: (a) the generally recognized practices and standards of ethics of the profession; or (b) applicable state law or division rule; (2) failure to refer a patient to an appropriate licensed practitioner when: (a) the patient's condition does not respond to treatment; or (b) the treatment is not within the scope of competence or licensure of the licensee; (3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information; (4) knowingly prescribing, selling, giving away, or administering any prescription drug unless: (a) for a legitimate medical purpose; (b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and (c) in compliance with Section 58-17b-309; (5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association; (6) failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when the patient or the patient's representative, as designated in writing, requests; (7) failure to provide a contact lens prescription to a person that sells contact lenses in accordance with Section 58-16a-306; or (8) 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 (7) or Subsection 58-1-501(1).
Utah Code § 58-46a-502 — Utah Code / Title 58 / Chapter 58-46a / § 58-46a-502
§ 58-46a-502. Additional requirements for practicing as a hearing instrument specialist.
Status: in_force

An individual engaging in the practice of a hearing instrument specialist shall: (1) have a regular place or places of business from which the individual conducts business as a hearing instrument specialist and the place or places of business shall be represented to a patient and others with whom business is conducted by the street address at which the place of business is located; (2) include in all advertising or other representation the street address at which the business is located and the telephone number of the business at that street address; (3) provide as part of each transaction between a licensed individual and a patient related to testing for hearing loss and selling of a hearing instrument written documentation provided to the patient that includes: (a) identification of a service or a product provided to the patient by the hearing instrument specialist and the charges for each service or product; (b) a statement whether a hearing instrument provided to a patient is "new," "used," or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to each instrument; and (c) the identity and license number of each hearing instrument specialist or hearing instrument intern who provided services or products to the patient; (4) before providing services or products to a patient: (a) advise the patient regarding services and products offered to the patient, including the expected results of the services and products; (b) inform each patient who is being offered a hearing instrument about hearing instruments that work with assistive listening systems that are compliant with the ADA Standards for Accessible Design adopted by the United States Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and (c) obtain written informed consent from the patient regarding offered services, products, and the expected results of the services and products in a form the division approves; (5) obtain the patient's informed consent and agreement to purchase the hearing instrument based on that informed consent either by the hearing instrument specialist or the hearing instrument intern, before designating an appropriate hearing instrument; and (6) if a hearing instrument does not substantially enhance the patient's hearing consistent with the representations of the hearing instrument specialist at the time informed consent was given before the sale and fitting of the hearing instrument, provide: (a) necessary intervention to produce satisfactory hearing recovery results consistent with representations made; or (b) for the refund of fees paid by the patient for the hearing instrument to the hearing instrument specialist within a reasonable time after finding that the hearing instrument does not substantially enhance the patient's hearing.
Utah Code § 58-11a-103 — Utah Code / Title 58 / Chapter 58-11a / § 58-11a-103
§ 58-11a-103. Education and enforcement fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the "Cosmetology and Associated Professions Education and Enforcement Fund." (2) The fund consists of money from 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 the laws governing the practices licensed under this chapter; 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) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Utah Code § 58-60a-112 — Utah Code / Title 58 / Chapter 58-60a / § 58-60a-112
§ 58-60a-112. Section 12 -- Oversight, dispute resolution, and enforcement.
Status: in_force

A. Oversight1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.B. Default, Technical Assistance, and Termination1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; andb. Provide remedial training and specific technical assistance regarding the default.C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States.E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.G. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.H. Dispute Resolution1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States.2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.I. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.
Utah Code § 58-49-7 — Utah Code / Title 58 / Chapter 58-49 / § 58-49-7
§ 58-49-7. Certificates -- Display -- Surrender.
Status: in_force

(1) Any person who meets the certification qualifications of this chapter shall receive a certificate stating that the person has met these qualifications. (2) Each certified dietitian shall: (a) display the certificate in an appropriate, conspicuous, and public manner; and (b) keep the division informed of the certified dietitian's current address. (3) A certificate issued by the division is the property of the division and shall be surrendered on demand.
Utah Code § 58-67b-113 — Utah Code / Title 58 / Chapter 58-67b / § 58-67b-113
§ 58-67b-113. Section 12 -- Powers and duties of the Interstate Commission.
Status: in_force

The Interstate Commission shall have the duty and power to: (1) oversee and maintain the administration of the Compact; (2) promulgate rules which shall be binding to the extent and in the manner provided for in the Compact; (3) issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions; (4) enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process; (5) establish and appoint committees including, but not limited to, an executive committee as required by Section 58-67b-112, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties; (6) pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission; (7) establish and maintain one or more offices; (8) borrow, accept, hire, or contract for services of personnel; (9) purchase and maintain insurance and bonds; (10) employ an executive director who shall have the power to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation; (11) establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel; (12) accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission; (13) lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; (14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (15) establish a budget and make expenditures; (16) adopt a seal and bylaws governing the management and operation of the Interstate Commission; (17) report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year, which shall include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission; (18) coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation; (19) maintain records in accordance with the bylaws; (20) seek and obtain trademarks, copyrights, and patents; and (21) perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.
Utah Code § 58-75-102 — Utah Code / Title 58 / Chapter 58-75 / § 58-75-102
§ 58-75-102. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Genetic counselor" means a person licensed under this chapter to engage in the practice of genetic counseling. (2) "Practice of genetic counseling" means the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family: (a) comprehend the medical facts, including the diagnosis, probable cause of the disorder, and the available management; (b) appreciate the way heredity contributes to the disorder and the risk of occurrence in specified relatives; (c) understand the alternatives for dealing with the risk of occurrence; (d) choose the course of action which seems appropriate to them in view of their risk, their family goals, and their ethical and religious standards, and to act in accordance with that decision; and (e) make the best possible psychosocial adjustment to the disorder in an affected family member or to the risk of occurrence of that disorder. (3) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-75-501. (4) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-75-502 and as may be further defined by rule by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-69-201 — Utah Code / Title 58 / Chapter 58-69 / § 58-69-201
§ 58-69-201. Board.
Status: in_force

(1) There is created the Dentist and Dental Hygienist Licensing Board, consisting of six licensed dentists, two licensed dental hygienists, and one member of 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) In addition, the board shall designate one of its members on a permanent or rotating basis to: (i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (ii) advise the division with respect to the conduct of investigations of these complaints. (4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint. (5) Board members may serve as examiners for licensing examinations established under Section 58-69-302 when requested by the examining body. (6) Board members serving as examiners shall be compensated in accordance with Subsection 58-1-201(4), but may not be compensated for per diem or allowable expenses if they are eligible to receive compensation from the examining body.
Utah Code § 58-67-304 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-304
§ 58-67-304. License renewal requirements.
Status: in_force

(1) As a condition precedent for license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by division rule: (a) complete qualified continuing professional education requirements in accordance with the number of hours and standards defined by division rule made in collaboration with the board; (b) appoint a contact person for access to medical records and an alternate contact person for access to medical records in accordance with Subsection 58-67-302(1)(i); (c) if the licensee practices medicine in a location with no other persons licensed under this chapter, provide some method of notice to the licensee's patients of the identity and location of the contact person and alternate contact person for the licensee; and (d) if the licensee is an associate physician licensed under Section 58-67-302.8, successfully complete the educational methods and programs described in Subsection 58-67-807(4). (2) If a renewal period is extended or shortened under Section 58-67-303, the continuing education hours required for license renewal under this section are increased or decreased proportionally. (3) (a) An application to renew a license under this chapter shall: (i) require a physician to answer the following question: "Do you perform elective abortions in Utah in a location other than a hospital?"; and (ii) immediately following the question, contain the following statement: "For purposes of the immediately preceding question, elective abortion means an abortion other than one of the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is necessary to avert the death of a woman, an abortion that is necessary to avert a serious physical risk of substantial impairment of a major bodily function of a woman, an abortion of a fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where the woman is pregnant as a result of rape or incest." (b) The statement in Subsection (3)(a)(ii) shall be modified, if necessary, to ensure compliance with the definitions and requirements of Title 76, Chapter 7, Part 3, Abortion, and Title 76, Chapter 7a, Abortion Prohibition. (4) In order to assist the Department of Health and Human Services in fulfilling the department's responsibilities relating to the licensing of a health care facility and the enforcement of Title 76, Chapter 7, Part 3, Abortion, and Title 76, Chapter 7a, Abortion Prohibition, if a physician responds positively to the question described in Subsection (3)(a)(i) the division shall, within 30 days after the day on which the division renews the physician's license under this chapter, inform the Department of Health and Human Services in writing: (a) of the name and business address of the physician; and (b) that the physician responded positively to the question described in Subsection (3)(a)(i). (5) The division shall accept and apply toward the hour requirement in Subsection (1)(a) any continuing education that a physician completes in accordance with Section 26B-4-219.
Utah Code § 58-11a-302.25 — Utah Code / Title 58 / Chapter 58-11a / § 58-11a-302.25
§ 58-11a-302.25. License transitions.
Status: in_force

7/1/2026Beginning on January 1, 2026: (1) a cosmetology/barbering license shall be renewed as a legacy cosmetology/barbering license; (2) a master-level esthetics license shall be renewed as a master esthetics license; (3) a hair design license shall be renewed as a master hair design license or a master barbering license; (4) an individual with a barbering license may renew the license as a legacy barbering license; and (5) an individual with an esthetics license may renew the license as a legacy esthetics license.
Utah Code § 58-60-510 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-510
§ 58-60-510. Evidentiary privilege.
Status: in_force

Evidentiary privilege for a licensee under this part concerning admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506, Utah Rules of Evidence.
Utah Code § 58-63-401 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-401
§ 58-63-401. Grounds for denial of license -- Disciplinary proceedings.
Status: in_force

Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Utah Code § 58-56-3 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-3
§ 58-56-3. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, definitions in the following sections apply to this chapter: (1) Section 15A-1-102; (2) Section 15A-1-202; and (3) Section 15A-1-302.
Utah Code § 58-42b-114 — Utah Code / Title 58 / Chapter 58-42b / § 58-42b-114
§ 58-42b-114. Section 14 -- Binding effect of compact and other laws.
Status: in_force

(A) A Licensee providing Occupational Therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State.(B) Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.(C) Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.(D) Any lawful actions of the Commission, including all Rules and bylaws promulgated by the Commission, are binding upon the Member States.(E) All agreements between the Commission and the Member States are binding in accordance with their terms.(F) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.
Utah Code § 58-16a-303 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-303
§ 58-16a-303. Term of license -- Expiration -- Renewal.
Status: in_force

(1) (a) Each license issued under this part shall be issued in accordance with a two-year renewal cycle established by rule. (b) A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle. (2) At the time of renewal the licensee shall show satisfactory evidence of completion of continuing education as required under Section 58-16a-304. (3) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Utah Code § 58-37-115 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-115
§ 58-37-115. Restrictions on liability for law enforcement.
Status: in_force

No liability shall be imposed upon any authorized state or federal officer engaged in the enforcement of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, who is engaged in the enforcement of any law, municipal ordinance, or regulation relating to controlled substances.
Utah Code § 58-68-403 — Utah Code / Title 58 / Chapter 58-68 / § 58-68-403
§ 58-68-403. Revocation of license -- Nondisciplinary.
Status: in_force

Revocation by the division of a license under Subsection 58-68-302(1)(e) for failure to continue on a resident training program for reasons other than unprofessional or unlawful conduct is a nondisciplinary action and may not be reported by the division as a disciplinary action against the licensee.
Utah Code § 58-55-703 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-703
§ 58-55-703. Fees.
Status: in_force

1/1/2027The division may establish a fee for the entry of a licensed contractor's contact information into the Construction Business Registry, in accordance with Section 63J-1-504, to assist in offsetting the cost of creating, administering, and maintaining the Construction Business Registry.
Utah Code § 58-1-507 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-507
§ 58-1-507. Cosmetic medical procedure -- Truth in advertising.
Status: in_force

Beginning July 1, 2013, a facility that performs a cosmetic medical procedure as defined in Section 58-67-102 may not advertise or hold itself out to the public as a "medical spa," "medical facility," or "medical clinic" unless the facility has an individual on the premises while a cosmetic medical procedure is performed who is licensed under: (1) Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse, practicing as a nurse practitioner; (2) Chapter 67, Utah Medical Practice Act; or (3) Chapter 68, Utah Osteopathic Medical Practice Act.
Utah Code § 58-37e-110 — Utah Code / Title 58 / Chapter 58-37e / § 58-37e-110
§ 58-37e-110. Standard of proof -- Effect of criminal drug conviction.
Status: in_force

(1) (a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. (b) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (2) (a) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. 91-513, 84 Stat. 1236, codified at 21 U.S.C. Sec. 801 et seq., is estopped from denying participation in the illegal drug market. (b) A conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction. (3) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Utah Code § 58-89-109 — Utah Code / Title 58 / Chapter 58-89 / § 58-89-109
§ 58-89-109. Data system.
Status: in_force

(1) The Compact Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System. (2) The Compact Commission shall assign each applicant for a Compact Privilege a unique identifier, as determined by the Rules. (3) Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Compact Commission, including: (a) Identifying information; (b) Licensure data; (c) Adverse Actions against a License or Compact Privilege and information related thereto; (d) Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under Member State law; (e) Any denial of application for licensure, and the reason(s) for such denial; (f) The presence of Current Significant Investigative Information; and (g) Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Compact Commission. (4) The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Compact Commission or an agent thereof, shall constitute the authenticated business records of the Compact Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State. (5) Current Significant Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States. (6) It is the responsibility of the Member States to report any Adverse Action against a Licensee and to monitor the Data System to determine whether any Adverse Action has been taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State. (7) Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State. (8) Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
Utah Code § 58-17b-610.8 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-610.8
§ 58-17b-610.8. Prescription devices.
Status: in_force

(1) The following documents from a prescribing practitioner are considered a prescription for purposes of dispensing of and payment for a device described in Subsection (4), if the device is prescribed or indicated by the document and the document is on file with a pharmacy: (a) a written prescription; or (b) a written record of a patient's: (i) current diagnosis; or (ii) treatment protocol. (2) A pharmacist or pharmacy intern at a pharmacy at which a document that is considered a prescription under Subsection (1) is on file may dispense under prescription a device described in Subsection (4) to the patient in accordance with: (a) the document that is considered a prescription under Subsection (1); and (b) rules made by the division under Subsection (5). (3) A pharmacist may prescribe a device described in Subsection (4) if: (a) the device is not prescribed or indicated by the document described in Subsection (1) that is on file with the pharmacy; and (b) the pharmacist determines that the device is necessary to ensure the appropriate delivery of the prescribed drug. (4) This section applies to: (a) nebulizers; (b) spacers for use with nebulizers or inhalers; and (c) diabetic supplies. (5) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with the board and the Medical Licensing Board created in Section 58-67-201 to implement this section.
Utah Code § 58-84-201 — Utah Code / Title 58 / Chapter 58-84 / § 58-84-201
§ 58-84-201. Qualifications for state certification.
Status: in_force

(1) The division shall grant state certification to a person who qualifies under this chapter to engage in the practice of music therapy as a state certified music therapist. (2) Each applicant for state certification as a state certified music therapist 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; and (c) provide satisfactory documentation that the applicant is board certified by, and in good standing with, the Certification Board for Music Therapists, or an equivalent board as determined by division rule in collaboration with the board.
Utah Code § 58-17b-308 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-308
§ 58-17b-308. Term of license -- Expiration -- Renewal.
Status: in_force

7/1/2026 (1) (a) Except as provided in Subsection (2), the division shall issue a license for a term of two years as the division establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) The division may extend or shorten a license term by up to one year to stagger renewals as the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) A license expires on the expiration date shown on the license. (2) The duration of a pharmacy intern license may be no longer than: (a) two years for a license issued under Subsection 58-17b-304(6)(b); or (b) five years for a license issued under Subsection 58-17b-304(6)(a). (3) A pharmacy intern license issued under this chapter may not be renewed, but the division may extend the pharmacy intern license in collaboration with the board. (4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that engages in compounding, a licensee shall submit the most recent inspection report: (a) conducted within two years before the application for renewal; and (b) (i) conducted as part of the National Association of Boards of Pharmacy Verified Pharmacy Program; or (ii) performed by the state licensing agency of the state in which the applicant is a resident and in accordance with the National Association of Boards of Pharmacy multistate inspection blueprint program.
Utah Code § 58-68-806 — Utah Code / Title 58 / Chapter 58-68 / § 58-68-806
§ 58-68-806. Representation of medical specialization.
Status: in_force

(1) A physician may not represent to another person that the physician is certified in a medical specialty or certified by a particular board unless: (a) the physician includes in the representation the name of: (i) the certification board or entity; and (ii) the medical specialty or procedure for which the physician is certified; and (b) the board or certification entity meets the requirements of Subsection (2). (2) A certification entity or board under Subsection (1) shall meet the following qualifications: (a) be included in the American Board of Medical Specialties or an American Osteopathic Association Certifying Board; or (b) (i) require an Accreditation Council for Graduate Medical Education or American Osteopathic Association approved post-graduate training program that provides complete training in the specialty or sub-specialty; and (ii) be certified or had prior certification by the member board of the American Board of Medical Specialties or an American Osteopathic Association Certifying Board.
Utah Code § 58-16a-503 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-503
§ 58-16a-503. Penalty for unlawful conduct.
Status: in_force

(1) Except as provided in Subsection (2), any person who violates the unlawful conduct provision defined in Section 58-16a-501 or Subsection 58-1-501(1)(a) or (1)(c) is guilty of a third degree felony. (2) A person who violates Subsection 58-16a-501(2) is guilty of a class C misdemeanor.
Utah Code § 58-71-303 — Utah Code / Title 58 / Chapter 58-71 / § 58-71-303
§ 58-71-303. 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 division 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) At the time of renewal, the licensee shall show compliance with continuing education renewal requirements. (3) Each license issued under this chapter expires on the expiration date shown on the license unless renewed in accordance with Section 58-1-308.
Utah Code § 58-9-302 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-302
§ 58-9-302. Qualifications for licensure.
Status: in_force

(1) Each applicant for licensure as a funeral service director shall: (a) submit an application in a form prescribed by the division; (b) pay a fee as determined by the department under Section 63J-1-504; (c) have obtained a high school diploma or its equivalent or a higher education degree; (d) have obtained an associate degree, or its equivalent, in mortuary science from a school of funeral service accredited by the American Board of Funeral Service Education or other accrediting body recognized by the U.S. Department of Education; (e) have completed not less than 2,000 hours and 50 embalmings of satisfactory performance in training as a licensed funeral service intern under the supervision of a licensed funeral service director; and (f) obtain a passing score on examinations approved by the division in collaboration with the board. (2) Each applicant for licensure as a funeral service intern shall: (a) submit an application in a form prescribed by the division; (b) pay a fee as determined by the department under Section 63J-1-504; (c) have obtained a high school diploma or its equivalent or a higher education degree; and (d) obtain a passing score on an examination approved by the division in collaboration with the board. (3) Each applicant for licensure as a funeral service establishment and each funeral service establishment licensee shall: (a) submit an application in a form prescribed by the division; (b) pay a fee as determined by the department under Section 63J-1-504; (c) have in place: (i) an embalming room for preparing dead human bodies for burial or final disposition, which may serve one or more facilities operated by the applicant; (ii) a refrigeration room that maintains a temperature of not more than 40 degrees fahrenheit for preserving dead human bodies prior to burial or final disposition, which may serve one or more facilities operated by the applicant; and (iii) maintain at all times a licensed funeral service director who is responsible for the day-to-day operation of the funeral service establishment and who is personally available to perform the services for which the license is required; (d) affiliate with a licensed preneed funeral arrangement sales agent or funeral service director if the funeral service establishment sells preneed funeral arrangements; (e) file with the completed application a copy of each form of contract or agreement the applicant will use in the sale of preneed funeral arrangements; (f) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product to be sold by the provider or the provider's sales agent; and (g) if the applicant intends to offer alkaline hydrolysis in a funeral service establishment, provide evidence that in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) the funeral service establishment meets the minimum standards for the handling, holding, and processing of deceased human remains in a safe, clean, private, and respectful manner; and (ii) all operators of the alkaline hydrolysis equipment have received adequate training. (4) Each applicant for licensure as a preneed funeral arrangement sales agent shall: (a) submit an application in a form prescribed by the division; (b) pay a fee as determined by the department under Section 63J-1-504; (c) have obtained a high school diploma or its equivalent or a higher education degree; (d) have obtained a passing score on an examination approved by the division in collaboration with the board; (e) affiliate with a licensed funeral service establishment; and (f) provide evidence of appropriate licensure with the Insurance Department if the applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in part by an insurance policy or product.
Utah Code § 58-44a-601 — Utah Code / Title 58 / Chapter 58-44a / § 58-44a-601
§ 58-44a-601. Parents delivering their children.
Status: in_force

This chapter does not abridge, limit, or change in any way the right of parents to deliver their baby where, when, how, and with whom they choose, regardless of licensure under this chapter.
Utah Code § 58-55-211 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-211
§ 58-55-211. Pay statement required.
Status: in_force

1/1/2027 (1) On the day on which a contractor licensed under this part pays an individual for work that the individual performed, the contractor shall give the individual a written or electronic pay statement that states: (a) the individual's name; (b) the individual's base rate of pay; (c) the dates of the pay period for which the individual is being paid; (d) if paid hourly, the number of hours the individual worked during the pay period; (e) the amount of and reason for money withheld in accordance with state and federal law, including: (i) state and federal income tax; (ii) Social Security tax; (iii) Medicare tax; and (iv) court-ordered withholdings; and (f) the total amount paid to the individual for that pay period. (2) A person licensed under this chapter shall: (a) comply with the requirements described in Subsection (1) regardless of whether the person pays the individual by check, cash, or other means; (b) retain a copy of each pay statement described in Subsection (1) for at least three years after the day on which the person gives a copy of the pay statement to the individual; and (c) upon request, make the pay statement records described in this section available to the division for inspection.
Utah Code § 58-55-108 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-108
§ 58-55-108. Term of license -- Expiration -- Renewal and reinstatement.
Status: in_force

1/1/2027 (1) (a) The division shall issue a license for a term of two years as the division establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) The division may extend or shorten a license term by up to one year to stagger renewals as the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) (i) Notwithstanding Subsections (1)(a) and (b) and Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend a license 60 days after the day on which the licensee: (A) becomes an unincorporated entity subject to the ownership status report filing requirements in accordance with Section 58-55-112; or (B) transfers the license to an unincorporated entity subject to the ownership status report filing requirements in accordance with Section 58-55-112. (ii) Subsection (1)(c)(i) may not apply if before the 60-day period ends: (A) the licensee submits an application to renew the license; and (B) the division renews the license under the submitted application. (2) (a) The division shall renew or reinstate an individual license after the applicant: (i) submits an application in the individual's name; (ii) completes the number of hours of continuing education under Section 58-55-304, if the applicant is: (A) an apprentice electrician as defined in Section 58-55-301; (B) a journeyman electrician as defined in Section 58-55-301; (C) a master electrician as defined in Section 58-55-301; (D) a residential journeyman electrician as defined in Section 58-55-301; or (E) a residential master electrician as defined in Section 58-55-301; (iii) completes the number of hours of continuing education under Section 58-55-405, if the applicant is: (A) an apprentice plumber as defined in Section 58-55-401; (B) a journeyman plumber as defined in Section 58-55-401; (C) a master plumber as defined in Section 58-55-401; (D) a residential journeyman plumber as defined in Section 58-55-401; or (E) a residential master plumber as defined in Section 58-55-401; and (iv) meets all other requirements of this chapter. (b) The division shall renew or reinstate a contractor's license after the applicant: (i) submits the application in the name of and on behalf of a contractor; (ii) demonstrates the contractor's financial responsibility in accordance with Section 58-55-205; (iii) lists the individual acting as the qualifier for the contractor; (iv) provides evidence that the qualifier: (A) has passed the required examination; and (B) has completed continuing education in accordance with Section 58-55-204; and (v) meets all other requirements of this chapter. (3) A license expires on the expiration date shown on the license. (4) In addition to requirements imposed by law, an applicant applying for reinstatement of a license the division suspends or revokes shall: (a) pay fines the division imposes; (b) resolve outstanding citations or disciplinary actions with the division; (c) if the license the division suspends or revokes is a contractor's license, demonstrate financial responsibility in accordance with Section 58-55-205 using titled assets; and (d) if applicable, pay the reimbursement amount as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
Utah Code § 58-26a-502 — Utah Code / Title 58 / Chapter 58-26a / § 58-26a-502
§ 58-26a-502. Unprofessional conduct.
Status: in_force

(1) "Unprofessional conduct" includes: (a) undertaking an engagement when the licensee knows or should know that the licensee could not reasonably expect to complete it with professional competence; (b) making unauthorized disclosures of confidential information obtained in the practice of public accountancy; (c) engaging in any business or activity that creates a conflict of interest with a licensee's practice in the profession when the licensee knows or should know that it is a conflict of interest and the licensee does not fully disclose the conflict of interest in writing to all affected parties; (d) failing to meet the requirements for continuing professional education or peer review required under this chapter; or (e) issuing a report on financial statements of a client, other than a report in which a lack of independence is disclosed, or performing an attest engagement subject to the attestation standards of the American Institute of Certified Public Accountants when the licensee is not independent, in fact and appearance, to the client. (2) (a) A licensee may not, for a commission, recommend or refer to a client a product or service, or for a commission recommend or refer a product or service to be supplied by a client, or receive a commission, when the licensee also performs for that client: (i) an audit or review of a financial statement; (ii) a compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; or (iii) an examination of prospective financial information. (b) The prohibition under Subsection (2)(a) applies during: (i) the period in which the licensee is engaged to perform any of the services listed in Subsection (2)(a); and (ii) the period covered by any historical financial statements involved in any such listed services. (c) A licensee who is not prohibited under Subsection (2)(a) from performing services or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to any person or entity to whom the licensee recommends or refers a product or service to which the commission relates. (d) A licensee who accepts a referral fee for recommending or referring a service of a licensee to a person or entity or who pays a referral fee to obtain a client shall disclose the acceptance or payment to the client. (3) (a) A licensee may not: (i) perform for a contingent fee a professional service for, or receive a contingent fee from a client for whom the licensee or the licensee's firm performs: (A) an audit or review of a financial statement; (B) a compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; or (C) an examination of prospective financial information; or (ii) prepare an original or amended tax return or claim for a tax refund for a contingent fee for a client. (b) The prohibition in Subsection (3)(a) applies during: (i) the period in which the licensee is engaged to perform any of the services listed in Subsection (3)(a); and (ii) the period covered by any historical financial statements involved in the listed services. (c) Except as stated in Subsections (3)(d) and (e), a contingent fee is a fee established for the performance of a service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of the service. (d) Solely for the purposes of this Subsection (3), fees are not regarded as being contingent if fixed by courts or other public authorities, or in tax matters, if determined based on the results of judicial proceedings or the findings of a governmental agency. (e) A licensee's fee may vary depending, for example, on the complexity of service rendered.
Utah Code § 58-68-502 — Utah Code / Title 58 / Chapter 58-68 / § 58-68-502
§ 58-68-502. Unprofessional conduct.
Status: in_force

(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501: (a) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession, state law, or division rule; (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; (c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5; (d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; (e) 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; (f) falsely making an entry in, or altering, a medical record with the intent to conceal: (i) 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 (ii) conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1); (g) performing or causing to be performed, upon an individual who is less than 18 years old: (i) a primary sex characteristic surgical procedure; or (ii) a secondary sex characteristic surgical procedure; or (h) designating a child as do not resuscitate without parental consent. (2) "Unprofessional conduct" does not include: (a) in compliance with Section 58-85-103: (i) obtaining an investigational drug or investigational device; (ii) administering the investigational drug to an eligible patient; or (iii) treating an eligible patient with the investigational drug or investigational device; (b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis: (i) when acting as a recommending medical provider, as that term is defined in Section 26B-4-201, recommending the use of medical cannabis; or (ii) when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy; (c) refusing to participate in the execution of a death sentence authorized under Section 77-19-10; or (d) participating in the execution of a death sentence authorized under Section 77-19-10 in accordance with state law and Department of Corrections protocol. (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).
Utah Code § 58-67b-124 — Utah Code / Title 58 / Chapter 58-67b / § 58-67b-124
§ 58-67b-124. Section 23 -- Severability and construction.
Status: in_force

(1) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. (2) The provisions of the Compact shall be liberally construed to effectuate its purposes. (3) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
Utah Code § 58-1-107 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-107
§ 58-1-107. Applicability -- Relationship to specific chapters under title.
Status: in_force

The provisions of this chapter uniformly apply to the administration and enforcement of this title. However, unless expressly prohibited in this chapter, any provision of this chapter may be supplemented or altered by specific chapters of this title.
Utah Code § 58-17b-609 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-609
§ 58-17b-609. Limitation on prescriptions and refills -- Controlled Substances Act not affected -- Legend drugs.
Status: in_force

(1) Except as provided in Sections 58-16a-102 and 58-17b-608.2, a prescription for any prescription drug or device may not be dispensed after one year from the date it was initiated except as otherwise provided in Chapter 37, Controlled Substances. (2) Except as provided in Section 58-17b-608.2, a prescription authorized to be refilled may not be refilled after two years from the original issue date. (3) A practitioner may not be prohibited from issuing a new prescription for the same drug orally, in writing, or by electronic transmission. (4) Nothing in this chapter affects Chapter 37, Controlled Substances. (5) A prescription for a legend drug written by a licensed prescribing practitioner in another state may be filled or refilled by a pharmacist or pharmacy intern in this state if the pharmacist or pharmacy intern verifies that the prescription is valid.
Utah Code § 58-1-112 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-112
§ 58-1-112. Data collection.
Status: in_force

(1) As used in this section: (a) "Council" means the Utah Health Workforce Advisory Council created in Section 26B-1-425. (b) "Information center" means the Utah Health Workforce Information Center created in Section 26B-4-705. (2) (a) In accordance with Subsection 26B-4-705(3)(a), the department shall work with the information center to identify relevant data pertaining to a profession described in Subsection (3). (b) The data should focus on: (i) identifying workforce shortages; (ii) identifying labor market indicators; (iii) determining the educational background of a licensee; and (iv) determining whether Utah is retaining a stable health workforce. (c) After the council approves data to be collected, the department shall request the data from a licensee when a licensee applies for a license or renews the licensee's license. (d) The department shall send the obtained data to the information center. (e) A licensee may not be denied a license for failing to provide the data described in Subsection (2)(c) to the department. (3) (a) The department shall prioritize data collection for each profession licensed under: (i) Chapter 31b, Nurse Practice Act; (ii) Chapter 60, Mental Health Professional Practice Act; (iii) Chapter 61, Psychologist Licensing Act; (iv) Chapter 67, Utah Medical Practice Act; (v) Chapter 68, Utah Osteopathic Medical Practice Act; (vi) Chapter 69, Dentist and Dental Hygienist Practice Act; or (vii) Chapter 70a, Utah Physician Assistant Act. (b) After the department has collected data for each profession described in Subsection (3)(a), the department shall collect data for each profession licensed under: (i) Chapter 5a, Podiatric Physician Licensing Act; (ii) Chapter 17b, Pharmacy Practice Act; (iii) Chapter 24b, Physical Therapy Practice Act; (iv) Chapter 40, Recreational Therapy Practice Act; (v) Chapter 41, Speech-Language Pathology and Audiology Licensing Act; (vi) Chapter 42a, Occupational Therapy Practice Act; (vii) Chapter 44a, Nurse Midwife Practice Act; (viii) Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act; or (ix) Chapter 57, Respiratory Care Practices Act. (c) The department shall collect data in accordance with this section for any health-related occupation or profession that is regulated by the department and is not described in Subsection (3)(a) or (b) if: (i) funding is available; (ii) the council has identified a need for the data; and (iii) data has been collected for each profession described in Subsections (3)(a) and (3)(b).
Utah Code § 58-17b-303 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-303
§ 58-17b-303. Qualifications for licensure as a pharmacist.
Status: in_force

(1) An applicant for licensure as a pharmacist shall: (a) submit an application in a form the division approves; (b) pay a fee as determined by the department under Section 63J-1-504; (c) (i) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (ii) meet any other standard related to the criminal background check described in Subsection (1)(c)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) disclose any criminal history the division requests on a form the division approves; (d) have no physical or mental condition of a nature that prevents the applicant from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the public; (e) have graduated and received a professional entry degree from a school or college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education; (f) have completed an internship meeting standards established by division rule made in collaboration with the board; and (g) have successfully passed examinations required by division rule made in collaboration with the board. (2) An applicant for licensure as a pharmacist whose pharmacy education was completed at a foreign pharmacy school shall, in addition to the requirements under Subsections (1)(a) through (d), (f), and (g), obtain a certification of equivalency from a credentialing agency required by division rule made in collaboration with the board. (3) An applicant for a license by endorsement as a pharmacist under this section shall: (a) submit a written application in the form prescribed by the division; (b) pay the fee determined by the department under Section 63J-1-504; (c) (i) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (ii) meet any other standard related to the criminal background check described in Subsection (3)(c)(i), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) disclose any criminal history the division requests on a form the division approves; (d) have no physical or mental condition of a nature which prevents the applicant from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the public; (e) have lawfully practiced as a licensed pharmacist a minimum of 2,000 hours in the four years immediately preceding the date of application; (f) produce satisfactory evidence of completing the professional education required under Subsection (1); (g) be currently licensed in good standing as a pharmacist in another state, territory, or possession of the United States; (h) produce satisfactory evidence that the examination requirements are or were at the time the license was issued, equal to those of this state; and (i) pass the jurisprudence examination prescribed by division rule made in collaboration with the board.
Utah Code § 58-71-701 — Utah Code / Title 58 / Chapter 58-71 / § 58-71-701
§ 58-71-701. Immunity provisions apply.
Status: in_force

Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, applies to licensees under this chapter.
Utah Code § 58-38a-202 — Utah Code / Title 58 / Chapter 58-38a / § 58-38a-202
§ 58-38a-202. Terms of committee service.
Status: in_force

(1) (a) Members of the advisory committee shall serve terms of four years, except that the members under Subsections 58-38a-201(1), (2), (3), and (4) shall serve during their terms as appointed officials. (b) Vacancies in the committee occurring otherwise than by the expiration of a term shall be filled for the unexpired term in the same manner as original appointments. (2) A 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 pursuant to Sections 63A-3-106 and 63A-3-107. (3) (a) The director of the Department of Health, or the director's designee, is the chair of the committee. (b) The advisory committee meets at the call of the chair or at the call of a majority of the committee members. (c) The advisory committee meets annually and more often as required to carry out its duties under this chapter. (d) Seven members of the advisory committee constitute a quorum. (e) Action by the committee requires a majority vote of a quorum.
Utah Code § 58-63-503 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-503
§ 58-63-503. Penalties.
Status: in_force

(1) Unless Subsection (2) applies, an individual who commits an act of unlawful conduct under Section 58-63-501 or who fails to comply with a citation issued under this section after it becomes final is guilty of a class A misdemeanor. (2) The division may immediately suspend a license issued under this chapter of a person who is given a citation for violating Subsection 58-63-501(1), (2), (4), or (5). (3) (a) If upon inspection or investigation, the division determines that a person has violated Subsection 58-63-501(1), (2), (4), or (5) or any rule made or order issued under those subsections, and that disciplinary action is warranted, the director or the director's designee within the division shall promptly issue a citation to the person and: (i) attempt to negotiate a stipulated settlement; or (ii) notify the person to appear for an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act. (b) (i) The division may fine a person who violates Subsection 58-63-501(1), (2), (4), or (5), as evidenced by an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order the person to cease and desist from the violation, or do both. (ii) Except for a cease and desist order, the division may not impose the licensure sanctions listed in Section 58-63-401 through the issuance of a citation under this section. (c) The written citation shall: (i) describe the nature of the violation, including a reference to the allegedly violated statute, rule, or order; (ii) state the recipient must notify the division in writing within 20 calendar days of issuance of the citation if the recipient wants to contest the citation at the adjudicative proceeding referred to in Subsection (3)(a)(ii); and (iii) explain the consequences of failure to timely contest the citation or to make payment of a fine assessed under the citation with the time specified in the citation. (d) (i) The division may serve a citation issued under this section, or a copy of the citation, upon an individual who is subject to service of a summons under the Utah Rules of Civil Procedure. (ii) (A) The division may serve the individual personally or serve the individual's agent. (B) The division may serve the summons by a division investigator, by a person designated by the director, or by mail. (e) (i) If within 20 days from the service of a citation the person to whom the citation was issued 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. (ii) The division may grant an extension of the 20-day period for cause. (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after it becomes final. (g) The division may not issue a citation for an alleged violation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division. (h) The director or the director's designee may assess fines under this section as follows: (i) for a first offense under Subsection (3)(a), a fine of up to $1,000; (ii) for a second offense under Subsection (3)(a), a fine of up to $2,000; and (iii) for a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each day of continued violation. (i) (i) For purposes of issuing a final order under this section and assessing a fine under Subsection (3)(h), an offense is a second or subsequent offense if: (A) the division previously issued a final order determining that a person committed a first or second offense in violation of Subsection 58-63-501(1) or (4); or (B) (I) the division initiated an action for a first or second offense; (II) no final order has been issued by the division in an action initiated under Subsection (3)(i)(i)(B)(I); (III) the division determines during an investigation that occurred after the initiation of the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent violation of Subsection 58-63-501(1) or (4); and (IV) after determining that the person committed a second or subsequent offense under Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under Subsection (3)(i)(i)(B)(I). (ii) In issuing a final order for a second or subsequent offense under Subsection (3)(i)(i), the division shall comply with the requirements of this section. (4) (a) The division shall deposit a fine imposed by the director under Subsection (3)(h) in the General Fund as a dedicated credit for use by the division for the purposes listed in Section 58-63-103. (b) The director may collect a fine that is not paid by: (i) referring the matter to a collection agency; or (ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located. (c) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. (d) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
Utah Code § 58-47b-301.1 — Utah Code / Title 58 / Chapter 58-47b / § 58-47b-301.1
§ 58-47b-301.1. Massage establishment registration required -- Maintenance of registration.
Status: in_force

(1) An owner shall register a massage establishment with the division. (2) (a) Each place of business shall register separately. (b) If multiple massage establishments exist at the same address, each massage establishment shall register separately. (3) A massage establishment shall provide the physical address where the massage establishment operates to the division. (4) A massage establishment may not allow massage services on the massage establishment's premises unless the massage establishment is registered in accordance with this section. (5) (a) A registered massage establishment shall ensure only a licensed individual or an exempt individual performs massage services. (b) A registered massage establishment shall maintain documentation of the employment or contract relationship and make the documentation available during an inspection or investigation by the division. (6) An owner may not assign or transfer a massage establishment registration. (7) Upon the sale, sublease, or change of legal possession of a registered massage establishment, the owner, lessee, or legal possessor of the massage establishment shall notify the division in a form the division approves within 30 days after the day on which the ownership, lessee, or legal possession changes. (8) Whenever statute or rule requires or prohibits action by a registered massage establishment, any owner of the registered massage establishment is responsible for all activities of the registered massage establishment, regardless of the form of the business organization.
Utah Code § 58-17b-622 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-622
§ 58-17b-622. Pharmacy benefit management services -- Auditing of pharmacy records -- Appeals.
Status: in_force

(1) As used in this section: (a) "Audit" means a review of the records of a pharmacy by or on behalf of an entity that finances or reimburses the cost of health care services or pharmaceutical products. (b) "Audit completion date" means: (i) for an audit that does not require an on-site visit at the pharmacy, the date on which the pharmacy, in response to the initial audit request, submits records or other documents to the entity conducting the audit, as determined by: (A) postmark or other evidence of the date of mailing; or (B) the date of transmission if the records or other documents are transmitted electronically; and (ii) for an audit that requires an on-site visit at a pharmacy, the date on which the auditing entity completes the on-site visit, including any follow-up visits or analysis which shall be completed within 60 days after the day on which the on-site visit begins. (c) "Entity" includes: (i) a pharmacy benefits manager or coordinator; (ii) a health benefit plan; (iii) a third party administrator as defined in Section 31A-1-301; (iv) a state agency; or (v) a company, group, or agent that represents, or is engaged by, one of the entities described in Subsections (1)(c)(i) through (iv). (d) "Extrapolation" means a method of using a mathematical formula that uses the audit results from a small sample of insurance claims and projects the results over a larger group of insurance claims. (e) "Fraud" means an intentional act of deception, misrepresentation, or concealment in order to gain something of value. (f) "Health benefit plan" means: (i) a health benefit plan as defined in Section 31A-1-301; or (ii) a health, dental, medical, Medicare supplement, or conversion program offered under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act. (2) (a) Except as provided in Subsection (2)(b), this section applies to: (i) a contract for the audit of a pharmacy entered into, amended, or renewed on or after July 1, 2012; and (ii) an entity that conducts an audit of the pharmacy records of a pharmacy licensed under this chapter. (b) This section does not apply to an audit of pharmacy records: (i) for a federally funded prescription drug program, including: (A) the state Medicaid program; (B) the Medicare Part D program; (C) a Department of Defense prescription drug program; and (D) a Veterans Affairs prescription drug program; or (ii) when fraud or other intentional and willful misrepresentation is alleged and the pharmacy audit entity has evidence that the pharmacy's actions reasonably indicate fraud or intentional and willful misrepresentation. (3) (a) An audit that involves clinical or professional judgment shall be conducted by or in consultation with a pharmacist who is employed by or working with the auditing entity and who is licensed in the state or another state. (b) If an audit is conducted on site at a pharmacy, the entity conducting the audit: (i) shall give the pharmacy 10 days advanced written notice of: (A) the audit; and (B) the range of prescription numbers and a date range for the prescription numbers included in the audit; and (ii) may not audit a pharmacy during the first five business days of the month, unless the pharmacy agrees to the timing of the audit. (c) An entity may not audit claims: (i) submitted more than 18 months prior to the audit, unless: (A) required by federal law; or (B) the originating prescription is dated in the preceding six months; or (ii) that exceed 200 selected prescription claims annually. (d) Subsection (3)(c)(ii) does not apply to any investigative audit that involves fraud, waste, abuse, or willful misrepresentation. (4) (a) An entity may not: (i) include dispensing fees in the calculations of overpayments unless the prescription is considered a misfill; (ii) recoup funds for prescription clerical or recordkeeping errors, including typographical errors, scrivener's errors, and computer errors on a required document or record unless the audit entity is alleging fraud or other intentional or willful misrepresentation and the audit entity has evidence that the pharmacy's actions reasonably indicate fraud or intentional and willful misrepresentation; (iii) recoup funds for refills dispensed in accordance with Section 58-17b-608.1, unless the health benefit plan does not cover the prescription drug dispensed by the pharmacy; (iv) collect any funds, charge-backs, or penalties until the audit and all appeals are final, unless the audit entity is alleging fraud or other intentional or willful misrepresentation and the audit entity has evidence that the pharmacy's actions reasonably indicate fraud or intentional and willful misrepresentation; or (v) recoup funds or collect any funds, charge-backs, or penalties from a pharmacy in response to a request for audit unless the pharmacy confirms to the entity the date on which the pharmacy received the request for audit. (b) Auditors shall only have access to previous audit reports on a particular pharmacy if the previous audit was conducted by the same entity except as required for compliance with state or federal law. (5) A pharmacy subject to an audit: (a) may use one or more of the following to validate a claim for a prescription, refill, or change in a prescription: (i) electronic or physical copies of records of a health care facility, or a health care provider with prescribing authority; (ii) any prescription that complies with state law; (iii) the pharmacy's own physical or electronic records; or (iv) the physical or electronic records, or valid copies of the physical or electronic records, of a practitioner or health care facility as defined in Section 26B-2-201; and (b) may not be required to provide the following records to validate a claim for a prescription, refill, or change in a prescription: (i) if the prescription was handwritten, the physical handwritten version of the prescription; or (ii) a note from the practitioner regarding the patient or the prescription that is not otherwise required for a prescription under state or federal law. (6) (a) (i) An entity that audits a pharmacy shall establish: (A) a maximum time for the pharmacy to submit records or other documents to the entity following receipt of an audit request for records or documents; and (B) a maximum time for the entity to provide the pharmacy with a preliminary audit report following submission of records under Subsection (6)(a)(i)(A). (ii) The time limits established under Subsections (6)(a)(i)(A) and (B): (A) shall be identical; and (B) may not be less than seven days or more than 60 days. (iii) An entity that audits a pharmacy may not, after the audit completion date, request additional records or other documents from the pharmacy to complete the preliminary audit report described in Subsection (6)(b). (b) An entity that audits a pharmacy shall provide the pharmacy with a preliminary audit report: (i) delivered to the pharmacy or its corporate office of record, within the time limit established under Subsection (6)(a)(i)(B); and (ii) that includes a notation and detailed explanation for each suspected error. (c) (i) Except as provided in Subsection (6)(c)(ii), a pharmacy has 30 days following receipt of the preliminary audit report to respond to questions, provide additional documentation, and comment on and clarify findings of the audit. (ii) An entity may grant a reasonable extension under Subsection (6)(c)(i) upon request by the pharmacy. (iii) Receipt of the report under Subsection (6)(c)(i) shall be determined by: (A) postmark or other evidence of the date of mailing; or (B) the date of transmission if the report is transmitted electronically. (iv) If a dispute exists between the records of the auditing entity and the pharmacy, the records maintained by the pharmacy shall be presumed valid for the purpose of the audit. (7) If an audit results in the dispute or denial of a claim, the entity conducting the audit shall allow any of the following: (a) the pharmacy to resubmit a claim using any commercially reasonable method, including fax, mail, or electronic claims submission within 30 days from the day on which the audit report is received by the pharmacy; or (b) the health benefit plan or other entity that finances or reimburses the cost of health care services or pharmaceutical products to rerun the claim if the health benefit plan or other entity chooses to rerun the claim at no cost to the pharmacy. (8) (a) Within 60 days after the completion of the appeals process under Subsection (9), a final audit report shall be delivered to the pharmacy or its corporate office of record. (b) The final audit report shall include: (i) a disclosure of any money recovered by the entity that conducted the audit; and (ii) legal or contractual information supporting any money recovered, recoupments, or penalties included in the report. (9) (a) An entity that audits a pharmacy shall establish a written appeals process for appealing a preliminary audit report and a final audit report, and shall provide the pharmacy with notice of the written appeals process. (b) If the pharmacy benefit manager's contract or provider manual contains the information required by this Subsection (9), the requirement for notice is met. (10) An auditing entity conducting a pharmacy audit may not: (a) use extrapolation when conducting an audit, including calculating recoupments or penalties for audits, unless otherwise required by federal law or a self-funded insurance plan; or (b) compensate an employee or contractor participating in the audit in a manner that is based on the amount claimed or the actual amount recouped from the pharmacy being audited.
Utah Code § 58-60b-115 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-115
§ 58-60b-115. Section 15 -- 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 Member 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 of this section, the Commission may deny a State's participation in the Compact or, in accordance with the requirements of Section 13.B, terminate a Member State's participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
Utah Code § 58-28-401 — Utah Code / Title 58 / Chapter 58-28 / § 58-28-401
§ 58-28-401. 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.
Utah Code § 58-55-208 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-208
§ 58-55-208. Payment of construction funds.
Status: in_force

1/1/2027 (1) All unpaid construction funds are payable to the contractor as provided in Section 13-8-5. (2) On projects involving multiple buildings, each building should be considered individually in determining the amount to be paid to the contractor. (3) When a building is partially occupied, the owner shall pay the contractor in direct proportion to the value of the part of the building occupied. (4) If any payment is retained or withheld, the retention or withholding shall be released as provided in Section 13-8-5.
Utah Code § 58-67-102 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-102
§ 58-67-102. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) (a) "Ablative procedure" means a procedure that is expected to excise, vaporize, disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium: YAG lasers. (b) "Ablative procedure" does not include: (i) hair removal; (ii) laser tattoo removal; or (iii) cryolipolysis. (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the American Medical Association. (3) "Administrative penalty" means a monetary fine or citation imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, in accordance with a fine schedule established by the division in collaboration with the board, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (4) "Associate physician" means an individual licensed under Section 58-67-302.8. (5) "Attempted sex change" means an attempt or effort to change an individual's body to present that individual as being of a sex or gender that is different from the individual's biological sex at birth. (6) "Biological sex at birth" means an individual's sex, as being male or female, according to distinct reproductive roles as manifested by: (a) sex and reproductive organ anatomy; (b) chromosomal makeup; and (c) endogenous hormone profiles. (7) "Board" means the Medical Licensing Board created in Section 58-67-201. (8) "Collaborating physician" means an individual licensed under Section 58-67-302 who enters into a collaborative practice arrangement with an associate physician. (9) "Collaborative practice arrangement" means the arrangement described in Section 58-67-807. (10) (a) "Cosmetic medical device" means tissue altering energy based devices that have the potential for altering living tissue and that are used to perform ablative or nonablative procedures, such as American National Standards Institute designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices, and excludes American National Standards Institute designated Class IIIa and lower powered devices. (b) Notwithstanding Subsection (10)(a), if an American National Standards Institute designated Class IIIa and lower powered device is being used to perform an ablative procedure, the device is included in the definition of cosmetic medical device under Subsection (10)(a). (11) (a) "Cosmetic medical procedure" includes: (i) the use of cosmetic medical devices to perform ablative or nonablative procedures; or (ii) the injection of medication or substance, including a neurotoxin or a filler, for cosmetic purposes. (b) "Cosmetic medical procedure" does not include a treatment of the ocular globe including refractive surgery. (12) "Diagnose" means: (a) to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition; (b) to attempt to conduct an examination or determination described under Subsection (12)(a); (c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (12)(a); or (d) to make an examination or determination as described in Subsection (12)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. (13) "LCME" means the Liaison Committee on Medical Education of the American Medical Association. (14) "Medical assistant" means an unlicensed individual who may perform tasks as described in Subsection 58-67-305(6). (15) "Medically underserved area" means a geographic area in which there is a shortage of primary care health services for residents, as determined by the Department of Health and Human Services. (16) "Medically underserved population" means a specified group of people living in a defined geographic area with a shortage of primary care health services, as determined by the Department of Health and Human Services. (17) (a) (i) "Nonablative procedure" means a procedure that is expected or intended to alter living tissue, but is not intended or expected to excise, vaporize, disintegrate, or remove living tissue. (ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair removal. (b) "Nonablative procedure" does not include: (i) a superficial procedure as defined in Section 58-1-102; (ii) the application of permanent make-up; (iii) laser tattoo removal; or (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that are performed by an individual licensed under this title who is acting within the individual's scope of practice. (18) "Physician" means both physicians and surgeons licensed under Part 3, Licensing, and osteopathic physicians and surgeons licensed under Chapter 68, Part 3, Licensing. (19) (a) "Practice of medicine" means: (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state; (ii) when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered; (iii) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or any combination of these designations in any manner which might cause a reasonable person to believe the individual using the designation is a licensed physician and surgeon, and if the party using the designation is not a licensed physician and surgeon, the designation must additionally contain the description of the branch of the healing arts for which the person has a license, provided that an individual who has received an earned degree of doctor of medicine degree but is not a licensed physician and surgeon in Utah may use the designation "M.D." if it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering. (b) The practice of medicine does not include: (i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the conduct described in Subsection (19)(a)(i) that is performed in accordance with a license issued under another chapter of this title; (ii) an ablative cosmetic medical procedure if the scope of practice for the person performing the ablative cosmetic medical procedure includes the authority to operate or perform a surgical procedure; or (iii) conduct under Subsection 58-67-501(2). (20) "Prescription device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, and any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by or through a person or entity licensed under this chapter or exempt from licensure under this chapter. (21) "Prescription drug" means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. (22) (a) "Primary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change: (i) for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty; (ii) for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or (iii) any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. (b) "Primary sex characteristic surgical procedure" does not include: (i) surgery or other procedures or treatments performed on an individual who: (A) is born with external biological sex characteristics that are irresolvably ambiguous; (B) is born with 46, XX chromosomes with virilization; (C) is born with 46, XY chromosomes with undervirilization; (D) has both ovarian and testicular tissue; or (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or (ii) removing a body part: (A) because the body part is cancerous or diseased; or (B) for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change. (23) (a) "Secondary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change: (i) for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or (ii) for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. (b) "Secondary sex characteristic surgical procedure" does not include: (i) surgery or other procedures or treatments performed on an individual who: (A) is born with external biological sex characteristics that are irresolvably ambiguous; (B) is born with 46, XX chromosomes with virilization; (C) is born with 46, XY chromosomes with undervirilization; (D) has both ovarian and testicular tissue; or (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or (ii) removing a body part: (A) because the body part is cancerous or diseased; or (B) for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change. (24) "SPEX" means the Special Purpose Examination of the Federation of State Medical Boards. (25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-67-501. (26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-67-502, and as may be further defined by division rule.
Utah Code § 58-61-705 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-705
§ 58-61-705. Qualifications for licensure -- By examination -- By certification.
Status: in_force

(1) An applicant for licensure as a behavior analyst based upon education, supervised experience, and national examination shall: (a) (i) submit an application on a form provided by the division; (ii) pay a fee determined by the department under Section 63J-1-504; (iii) produce certified transcripts of credit verifying satisfactory completion of a master's or doctoral degree in applied behavior analysis from an accredited institution of higher education or an equivalent master or doctorate degree as determined by the division by administrative rule; (iv) as defined by the division by administrative rule, have completed at least 1,500 hours of experiential behavior analysis training within a five year period of time with a qualified supervisor; and (v) pass the examination requirement established by division rule under Section 58-1-203; or (b) document proof of current certification in good standing as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, or an equivalence of that certification, as determined by division rule made in consultation with the board. (2) An applicant for licensure as an assistant behavior analyst based upon education, supervised experience, and national examination shall: (a) (i) submit an application on a form provided by the division; (ii) pay a fee determined by the department under Section 63J-1-504; (iii) produce certified transcripts of credit verifying satisfactory completion of a bachelor's degree from an accredited institution of higher education and satisfactory completion of specific core course work in behavior analysis established under Section 58-1-203 from an accredited institution of higher education; (iv) as defined by the division by administrative rule, have completed at least 1,000 hours of experiential behavior analysis training within a five-year period of time with a qualified supervisor; and (v) pass the examination requirement established by division rule under Section 58-1-203; or (b) document proof of current certification in good standing as a Board Certified Assistant Behavior Analyst by the Behavior Analyst Certification Board, or an equivalence of that certification, as determined by division rule made in consultation with the board. (3) An applicant for registration as a behavior specialist based upon professional experience in behavior analysis shall: (a) without exception, on or before November 15, 2015, submit to the division, an application on a form provided by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) have at least five years of experience as a professional engaged in the practice of behavior analysis on or before May 15, 2015; and (d) be employed as a professional engaging in the practice of behavior analysis within an organization contracted with a division of the Utah Department of Human Services to provide behavior analysis on or before July 1, 2015. (4) An applicant for registration as an assistant behavior specialist based upon professional experience in behavior analysis shall: (a) without exception, on or before November 15, 2015, submit to the division, an application on a form provided by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) have at least one year of experience as a professional engaging in the practice of behavior analysis prior to July 1, 2015; and (d) be employed as a professional engaging in the practice of behavior analysis within an organization contracted with a division of the Utah Department of Human Services to provide behavior analysis on or before July 1, 2015.
Utah Code § 58-38a-201 — Utah Code / Title 58 / Chapter 58-38a / § 58-38a-201
§ 58-38a-201. Controlled Substances Advisory Committee.
Status: in_force

There is created within the Division of Professional Licensing the Controlled Substances Advisory Committee. The committee consists of: (1) the director of the Department of Health and Human Services or the director's designee; (2) the State Medical Examiner or the examiner's designee; (3) the commissioner of the Department of Public Safety or the commissioner's designee; (4) the director of the Bureau of Forensic Services created in Section 53-10-401, or the director's designee; (5) the director of the Utah Poison Control Center or the director's designee; (6) one physician who is a member of the Medical Licensing Board and is designated by that board; (7) one pharmacist who is a member of the Utah State Board of Pharmacy and is designated by that board; (8) one dentist who is a member of the Dentist and Dental Hygienist Licensing Board and is designated by that board; (9) one physician who is currently licensed and practicing in the state, to be appointed by the governor; (10) one psychiatrist who is currently licensed and practicing in the state, to be appointed by the governor; (11) one individual with expertise in substance abuse addiction, to be appointed by the governor; (12) one representative from the Statewide Association of Prosecutors, to be designated by that association; (13) one naturopathic physician who is currently licensed and practicing in the state, to be appointed by the governor; (14) one advanced practice registered nurse who is currently licensed and practicing in this state, to be appointed by the governor; and (15) one member of the public, to be appointed by the governor.
Utah Code § 58-17b-616 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-616
§ 58-17b-616. Drug stock sales -- Labeling.
Status: in_force

(1) A manufacturer, wholesaler, or distributor of prescription drugs may not sell or give any prescription drug to any person, unless the prescription drug stock container bears a label containing information as defined by rule, the name and place of business of the manufacturer of the finished dosage form of the drug, and if different from the manufacturer, the name and place of business of the packer or distributor. (2) Each tablet or capsule shall be marked with an identification code or monogram, unless waived by the division. (3) Each stock package shall bear an expiration date and lot number.
Utah Code § 58-49-2 — Utah Code / Title 58 / Chapter 58-49 / § 58-49-2
§ 58-49-2. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Certified dietitian" means a person who is certified by the division as meeting the certification requirements provided in this chapter. (2) "Commission on Dietetic Registration" means the credentialing component of the American Dietetic Association. (3) "Dietetics" means the integration and application of principles derived from the sciences of food for the development, management, and provision of dietary services for individuals and groups for meeting their health care needs. "Dietetics" includes: (a) the evaluation of a person's dietary status; (b) the advising and education of persons on dietary needs; and (c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. (4) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined by rule includes failing to maintain a level of professional practice consistent with all initial and subsequent requirements by which certification is achieved or maintained under this chapter.
Utah Code § 58-17b-623 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-623
§ 58-17b-623. Disposal of unused prescription drugs.
Status: in_force

(1) A pharmacy may accept unused prescription drugs for disposal in accordance with administrative rules adopted by the division. (2) The division shall adopt administrative rules regarding a pharmacy accepting unused prescription drugs for disposal as permitted by federal law and regulation relating to the disposal of unused prescription drugs.
Utah Code § 58-70b-303 — Utah Code / Title 58 / Chapter 58-70b / § 58-70b-303
§ 58-70b-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 cycle by as much as one year to stagger the renewal cycles the division administers. (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance with continuing education requirements established through rule by the division in collaboration with the board. (3) Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section 58-1-308.
Utah Code § 58-37c-102 — Utah Code / Title 58 / Chapter 58-37c / § 58-37c-102
§ 58-37c-102. Responsibility of Department of Commerce -- Delegation to the Division of Professional Licensing -- Rulemaking authority of the division.
Status: in_force

(1) The Department of Commerce is responsible for the enforcement of the licensing and reporting provisions of this chapter. (2) The executive director shall delegate specific responsibility within the department to the Division of Professional Licensing. (3) The division shall make, adopt, amend, and repeal rules necessary for the proper administration and enforcement of this chapter.