Utah Code § 58-55-101 — Utah Code / Title 58 / Chapter 58-55 / § 58-55-101
§ 58-55-101. Short title.
Status: in_force

1/1/2027As used in this chapter: (1) "Applicant" means a person that is applying for an initial license, the renewal of a license, or the reinstatement of a license. (2) "Board" means the Electricians and Plumbers Licensing Board created in Section 58-55-104. (3) "Combustion system" means an assembly that includes: (a) piping and components that continuously or intermittently convey gas from the gas provider's meter to the appliance burner; (b) an electric control system, a combustion air supply system, a venting system, and air ducts; and (c) a component that controls quantity, flow, and pressure. (4) "Commission" means the Construction Services Commission created in Section 58-55-103. (5) "Construction trade" means work that involves: (a) constructing, remodeling, repairing, or wrecking a building, highway, road, railroad, dam, bridge, structure, excavation, project, or development that is not personal property; (b) constructing, remodeling, or repairing a manufactured home defined in Section 15A-1-302, or mobile home as defined in Section 15A-1-302; or (c) installing or repairing a residential or commercial gas appliance or combustion system. (6) (a) "Construction trades instructor" means a person that teaches one or more construction trades in a classroom or project setting. (b) "Construction trades instructor" does not include an individual who holds an economic interest in a project that the individual directs that is intended for sale to or use by the public. (7) (a) "Contractor" means a person that engages in a construction trade for compensation. (b) "Contractor" includes: (i) a person that builds a structure on the person's own property that is intended for sale or public use; (ii) a person that advertises that the person is a contractor or that the person will perform a service that requires a license under this chapter; or (iii) a person that, for a fee: (A) performs or offers to perform construction consulting; (B) performs or offers to perform management of construction subcontractors; (C) provides or offers to provide a list of subcontractors or suppliers; or (D) provides or offers to provide management or counseling services on a construction project. (c) "Contractor" does not include: (i) an individual; or (ii) a material supplier that consults with a customer about design and installation of the material supplier's product. (8) (a) "Control position" means a person that exercises direct or indirect control over an entity. (b) "Control position" includes: (i) a corporate officer or a director; (ii) a shareholder who owns 25% or more of the entity's stock; (iii) a partner or a member; (iv) an agent; or (v) a qualifier. (9) "Engage in a construction trade" means to: (a) perform a construction trade; or (b) to lead, or attempt to lead, a reasonable individual to believe a person will perform a construction trade. (10) "Gas appliance" means a device that uses gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. (11) "Immediate supervision" means the reasonable direction, oversight, inspection, and evaluation of the work of an individual: (a) as the division provides in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) as applicable, by a qualified electrician or plumber; (c) as part of a planned training program; and (d) as required to ensure the work complies with applicable standards. (12) "Licensee" means a person that is licensed under this chapter. (13) "Qualifier" means an individual who: (a) holds a control position of a licensee under this chapter; (b) satisfies the requirements to obtain a license under this chapter; (c) meets any additional license requirements established in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (d) holds collective and individual liability with the licensee for compliance with this chapter and may be held fully responsible for a violation. (14) "Unincorporated entity" means an entity that operates as: (a) a general partnership; (b) a limited liability partnership; (c) a limited liability limited partnership; (d) a limited partnership; or (e) a limited cooperative association. (15) "Wages" means compensation an employer owes to an employee for labor or services, regardless of how the employer calculates the amount owed to the employee.1/1/2027As used in this chapter: (1) "Applicant" means a person that is applying for an initial license, the renewal of a license, or the reinstatement of a license. (2) "Board" means the Electricians and Plumbers Licensing Board created in Section 58-55-104. (3) "Combustion system" means an assembly that includes: (a) piping and components that continuously or intermittently convey gas from the gas provider's meter to the appliance burner; (b) an electric control system, a combustion air supply system, a venting system, and air ducts; and (c) a component that controls quantity, flow, and pressure. (4) "Commission" means the Construction Services Commission created in Section 58-55-103. (5) "Construction trade" means work that involves: (a) constructing, remodeling, repairing, or wrecking a building, highway, road, railroad, dam, bridge, structure, excavation, project, or development that is not personal property; (b) constructing, remodeling, or repairing a manufactured home defined in Section 15A-1-302, or mobile home as defined in Section 15A-1-302; or (c) installing or repairing a residential or commercial gas appliance or combustion system. (6) (a) "Construction trades instructor" means a person that teaches one or more construction trades in a classroom or project setting. (b) "Construction trades instructor" does not include an individual who holds an economic interest in a project that the individual directs that is intended for sale to or use by the public. (7) (a) "Contractor" means a person that engages in a construction trade for compensation. (b) "Contractor" includes: (i) a person that builds a structure on the person's own property that is intended for sale or public use; (ii) a person that advertises that the person is a contractor or that the person will perform a service that requires a license under this chapter; or (iii) a person that, for a fee: (A) performs or offers to perform construction consulting; (B) performs or offers to perform management of construction subcontractors; (C) provides or offers to provide a list of subcontractors or suppliers; or (D) provides or offers to provide management or counseling services on a construction project. (c) "Contractor" does not include: (i) an individual; or (ii) a material supplier that consults with a customer about design and installation of the material supplier's product. (8) (a) "Control position" means a person that exercises direct or indirect control over an entity. (b) "Control position" includes: (i) a corporate officer or a director; (ii) a shareholder who owns 25% or more of the entity's stock; (iii) a partner or a member; (iv) an agent; or (v) a qualifier. (9) "Engage in a construction trade" means to: (a) perform a construction trade; or (b) to lead, or attempt to lead, a reasonable individual to believe a person will perform a construction trade. (10) "Gas appliance" means a device that uses gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. (11) "Immediate supervision" means the reasonable direction, oversight, inspection, and evaluation of the work of an individual: (a) as the division provides in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) as applicable, by a qualified electrician or plumber; (c) as part of a planned training program; and (d) as required to ensure the work complies with applicable standards. (12) "Licensee" means a person that is licensed under this chapter. (13) "Qualifier" means an individual who: (a) holds a control position of a licensee under this chapter; (b) satisfies the requirements to obtain a license under this chapter; (c) meets any additional license requirements established in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (d) holds collective and individual liability with the licensee for compliance with this chapter and may be held fully responsible for a violation. (14) "Unincorporated entity" means an entity that operates as: (a) a general partnership; (b) a limited liability partnership; (c) a limited liability limited partnership; (d) a limited partnership; or (e) a limited cooperative association. (15) "Wages" means compensation an employer owes to an employee for labor or services, regardless of how the employer calculates the amount owed to the employee.
Utah Code § 58-31b-501 — Utah Code / Title 58 / Chapter 58-31b / § 58-31b-501
§ 58-31b-501. Unlawful conduct.
Status: in_force

"Unlawful conduct" includes: (1) using the following titles, names or initials, if the user is not properly licensed or certified under this chapter: (a) nurse; (b) licensed practical nurse, practical nurse, or L.P.N.; (c) medication aide certified, or M.A.C.; (d) registered nurse or R.N.; (e) registered nurse practitioner, N.P., or R.N.P.; (f) registered nurse specialist, N.S., or R.N.S.; (g) registered psychiatric mental health nurse specialist; (h) advanced practice registered nurse; (i) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; or (j) other generally recognized names or titles used in the profession of nursing; (2) (a) using any other name, title, or initials that would cause a reasonable person to believe the user is licensed or certified under this chapter if the user is not properly licensed or certified under this chapter; and (b) for purposes of Subsection (2)(a), it is unlawful conduct for a medication aide certified to use the term "nurse"; and (3) conducting a nursing education program in the state for the purpose of qualifying individuals to meet requirements for licensure under this chapter without the program having been approved under Section 58-31b-601.
Utah Code § 58-63-501 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-501
§ 58-63-501. Unlawful conduct.
Status: in_force

"Unlawful conduct" includes: (1) a contract security company employing the services of an unlicensed armed private security officer or unarmed private security officer, except as provided under Section 58-63-304 or 58-63-310; (2) an armored car company employing the services of an unlicensed armored car security officer, except as provided under Section 58-63-304 or 58-63-310; (3) 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 its consideration of the qualifications of the applicant for licensure; (4) 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 the appropriate license under this chapter; or (b) is exempted from licensure as provided under Section 58-63-304 or 58-63-310; and (5) 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.
Utah Code § 58-1-603 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-603
§ 58-1-603. Hormonal transgender treatment on minors -- Requirements.
Status: in_force

(1) As used in this section: (a) "Approved organization" means an organization with expertise regarding transgender health care for minors that is approved by the division. (b) "Biological sex at birth" means an individual's sex, as being male or female, according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. (c) "Disorder of sexual development" means a sexual development disorder where an individual: (i) is born with external biological sex characteristics that are irresolvably ambiguous; (ii) is born with 46, XX chromosomes with virilization; (iii) is born with 46, XY chromosomes with undervirilization; (iv) has both ovarian and testicular tissue; or (v) has been diagnosed by a physician, based on genetic or biochemical testing, with abnormal: (A) sex chromosome structure; (B) sex steroid hormone production; or (C) sex steroid hormone action for a male or female. (d) "Health care provider" means: (i) a physician; (ii) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act; or (iii) an advanced practice registered nurse licensed under Subsections 58-31b-301(2)(a) through (c). (e) (i) "Hormonal transgender treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change: (A) to an individual whose biological sex at birth is female, a dose of testosterone or other androgens at levels above those normally found in an individual whose biological sex at birth is female; (B) to an individual whose biological sex at birth is male, a dose of estrogen or a synthetic compound with estrogenic activity or effect at levels above those normally found in an individual whose biological sex at birth is male; or (C) a puberty inhibition drug. (ii) "Hormonal transgender treatment" does not include administering, prescribing, or supplying a substance described in Subsection (1)(e)(i) to an individual if the treatment is medically necessary as a treatment for: (A) precocious puberty; (B) endometriosis; (C) a menstrual, ovarian, or uterine disorder; (D) a sex-hormone stimulated cancer; or (E) a disorder of sexual development. (f) "Mental health professional" means any of the following: (i) a physician who is board certified for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists; (ii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; (iii) a clinical social worker licensed under Chapter 60, Part 2, Social Worker Licensing Act; (iv) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and Family Therapist Licensing Act; or (v) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act. (g) "Minor" means an individual who is less than 18 years old. (h) "Physician" means an individual licensed under: (i) Chapter 67, Utah Medical Practice Act; or (ii) Chapter 68, Utah Osteopathic Medical Practice Act. (i) "Puberty inhibition drug" means any of the following alone or in combination with aromatase inhibitors: (i) gonadotropin-releasing hormone agonists; or (ii) androgen receptor inhibitors. (j) "Transgender treatment certification" means a certification described in Subsection (2). (2) (a) The division shall create a transgender treatment certification on or before July 1, 2023. (b) The division may issue the transgender treatment certification to an individual if the individual: (i) is a health care provider or a mental health professional; and (ii) has completed at least 40 hours of education related to transgender health care for minors from an approved organization. (c) The division may renew a transgender treatment certification: (i) at the time an individual renews the individual's license; and (ii) if the individual has completed at least 20 hours of continuing education related to transgender health care for minors from an approved organization during the individual's continuing education cycle. (d) Beginning January 1, 2024, providing a hormonal transgender treatment to a minor without a transgender treatment certification is unprofessional conduct. (3) (a) A health care provider may provide a hormonal transgender treatment to a minor only if the health care provider has been treating the minor for gender dysphoria for at least six months. (b) Beginning July 1, 2023, before providing a hormonal transgender treatment to a minor described in Subsection (3)(a), a health care provider shall: (i) determine if the minor has other physical or mental health conditions, identify and document any condition, and consider whether treating those conditions before treating the gender dysphoria would provide the minor the best long-term outcome; (ii) consider whether an alternative medical treatment or behavioral intervention to treat the minor's gender dysphoria would provide the minor the best long-term outcome; (iii) document in the medical record that: (A) the health care provider has complied with Subsections (3)(b)(i) and (ii); and (B) providing the hormonal transgender treatment will likely result in the best long-term outcome for the minor; (iv) obtain written consent from: (A) the minor; and (B) the minor's parent or guardian unless the minor is emancipated; (v) discuss with the minor: (A) the risks of the hormonal transgender treatment; (B) the minor's short-term and long-term expectations regarding the effect that the hormonal transgender treatment will have on the minor; and (C) the likelihood that the hormonal transgender treatment will meet the short-term and long-term expectations described in Subsection (3)(b)(v)(B); (vi) unless the minor is emancipated, discuss with the minor's parent or guardian: (A) the risks of the hormonal transgender treatment; (B) the minor's short-term and long-term expectations regarding the effect that the hormonal transgender treatment will have on the minor; (C) the parent or guardian's short-term and long-term expectations regarding the effect that the hormonal transgender treatment will have on the minor; and (D) the likelihood that the hormonal transgender treatment will meet the short-term and long-term expectations described in Subsections (3)(b)(vi)(B) and (C); (vii) document in the medical record that the health care provider has provided the information described in Subsections (3)(b)(viii) and (ix); (viii) provide the minor the following information if providing the minor a puberty inhibition drug: (A) puberty inhibition drugs are not approved by the FDA for the treatment of gender dysphoria; (B) possible adverse outcomes of puberty blockers are known to include diminished bone density, pseudotumor cerebri and long term adult sexual dysfunction; (C) research on the long-term risks to children of prolonged treatment with puberty blockers for the treatment of gender dysphoria has not yet occurred; and (D) the full effects of puberty blockers on brain development and cognition are unknown; (ix) provide the minor the following information if providing a cross-sex hormone as described in Subsection (1)(e)(i)(A) or (B): (A) the use of cross-sex hormones in males is associated with risks that include blood clots, gallstones, coronary artery disease, heart attacks, tumors of the pituitary gland, strokes, elevated levels of triglycerides in the blood, breast cancer, and irreversible infertility; and (B) the use of cross-sex hormones in females is associated with risks of erythrocytosis, severe liver dysfunction, coronary artery disease, hypertension, and increased risk of breast and uterine cancers; and (x) upon the completion of any relevant information privacy release, obtain a mental health evaluation of the minor as described in Subsection (4). (4) The mental health evaluation shall: (a) be performed by a mental health professional who: (i) beginning January 1, 2024, has a current transgender treatment certification; and (ii) is not the health care provider that is recommending or providing the hormonal transgender treatment; (b) contain a determination regarding whether the minor suffers from gender dysphoria in accordance with the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders; (c) confirm that the minor and the mental health professional have had at least three therapy sessions; and (d) document all of the minor's mental health diagnoses and any significant life events that may be contributing to the diagnoses. (5) A violation of Subsection (3) is unprofessional conduct.
Utah Code § 58-77-602 — Utah Code / Title 58 / Chapter 58-77 / § 58-77-602
§ 58-77-602. Immunity and liability.
Status: in_force

(1) If a direct-entry midwife seeks to consult with, refer, or transfer a client to a licensed health care provider or facility, the responsibility of the provider or facility for the client does not begin until the client is physically within the care of the provider or facility. (2) A licensed health care provider who examines a direct-entry midwife's client is only liable for the actual examination and cannot be held accountable for the client's decision to pursue an out-of-hospital birth or the services of a direct-entry midwife. (3) (a) A licensed health care provider may, upon receiving a briefing data from a direct-entry midwife, issue a medical order for the direct-entry midwife's client, without that client being an explicit patient of the provider. (b) Regardless of the advice given or order issued, the responsibility and liability for caring for the client is that of the direct-entry midwife. (c) The provider giving the order is responsible and liable only for the appropriateness of the order given the data received. (d) The issuing of an order for a direct-entry midwife's client does not constitute a delegation of duties from the other provider to the direct-entry midwife. (4) A licensed health care provider may not be held civilly liable for rendering emergency medical services that arise from prohibited conduct in Section 58-77-603, or from care rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergency medical services constitute gross negligence or reckless disregard for the client. (5) A licensed direct-entry midwife shall be solely responsible for the use of medications under this chapter.
Utah Code § 58-20b-101 — Utah Code / Title 58 / Chapter 58-20b / § 58-20b-101
§ 58-20b-101. Title.
Status: in_force

This chapter is known as the "Environmental Health Scientist Act."
Utah Code § 58-16a-201 — Utah Code / Title 58 / Chapter 58-16a / § 58-16a-201
§ 58-16a-201. Creation of board -- Board duties and functions.
Status: in_force

(1) There is created an Optometrist Licensing Board consisting of five optometrists and two members from the general public who do not provide eye care services. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The board's duties and responsibilities shall be in accordance with Sections 58-1-202 and 58-1-203, and as provided under this Subsection (3). (4) The board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints. (5) A board member who has, under Subsection (4), 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. The board member may be disqualified: (a) on the board member's own motion, due to actual or perceived bias or lack of objectivity; or (b) upon challenge for cause raised on the record by any party to the adjudicative proceeding.
Utah Code § 58-64-502 — Utah Code / Title 58 / Chapter 58-64 / § 58-64-502
§ 58-64-502. Unprofessional conduct.
Status: in_force

"Unprofessional conduct" includes: (1) using any deception detection instrument that does not meet criteria and standards established by rule by the division; and (2) using any deception detection instrument that does not make a permanent recording as required under Section 58-64-601.
Utah Code § 58-24b-102 — Utah Code / Title 58 / Chapter 58-24b / § 58-24b-102
§ 58-24b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Physical Therapies Licensing Board, created in Section 58-24b-201. (2) "Consultation by telecommunication" means a health care provider, as that term is defined in Section 58-1-501.8, receiving professional advice through electronic communication from a physical therapist who is licensed outside of the state. (3) "Dry needling" means a skilled intervention using a filiform needle to penetrate the skin and underlying tissue for the evaluation, management, or prevention of a disability, a movement impairment, a neuromusculoskeletal condition, or pain. (4) "General supervision" means supervision and oversight of an individual by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the individual. (5) "Licensed physical therapist" means an individual licensed under this chapter to engage in the practice of physical therapy. (6) "Licensed physical therapist assistant" means an individual licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). (7) "Licensing examination" means a nationally recognized physical therapy examination that the division approves by rule the division makes in consultation with the board and with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (8) "On-site supervision" means supervision and oversight of an individual by a licensed physical therapist or a licensed physical therapist assistant when the licensed physical therapist or licensed physical therapist assistant is: (a) continuously present at the facility where the individual is providing services; (b) immediately available to assist the individual; and (c) regularly involved in the services being provided by the individual. (9) "Physical impairment" means: (a) a bodily malfunction; (b) a developmental impairment; (c) a disability; (d) a functional limitation; (e) a mechanical impairment; (f) a mobility impairment; or (g) a physiological impairment. (10) (a) "Physical therapy" means examining, evaluating, and testing an individual who has a physical impairment or injury. (b) "Physical therapy" includes: (i) ordering imaging in accordance with Section 58-54-303; (ii) identifying or labeling a physical impairment or injury; (iii) formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain; (iv) assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury; (v) treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention; (vi) reducing the risk of an injury or physical impairment; (vii) providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes; (viii) promoting and maintaining health and fitness; (ix) administering a prescription drug in accordance with Section 58-24b-403; (x) applying dry needling to enhance a client's physical performance if the physical therapy practitioner has the necessary training the division requires by rule the division makes in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (xi) subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(b)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; or (xii) administering, consulting, educating, and researching the practices described in Subsection (10). (c) "Physical therapy" does not include: (i) diagnosing a disease; (ii) dispensing or prescribing a drug as defined in Section 58-37-101; (iii) performing acupuncture; (iv) performing surgery; or (v) taking x-rays. (11) "Physical therapy aide" means an individual who: (a) receives on-the-job training from a licensed physical therapist; and (b) provides routine assistance to a licensed physical therapist or licensed physical therapist assistant, while the licensed physical therapist or licensed physical therapist assistant practices physical therapy. (12) "Recognized accreditation agency" means an accreditation agency that the division approves in consultation with the board. (13) (a) "Testing" means a standard method or technique used to gather data regarding a patient that is generally and nationally accepted by physical therapists for the practice of physical therapy. (b) "Testing" includes measurement or evaluation of: (i) muscle strength, force, endurance, or tone; (ii) cardiovascular fitness; (iii) physical work capacity; (iv) joint motion, mobility, or stability; (v) reflexes or autonomic reactions; (vi) movement skill or accuracy; (vii) sensation; (viii) perception; (ix) peripheral nerve integrity; (x) locomotor skills, stability, and endurance; (xi) the fit, function, and comfort of prosthetic, orthotic, or other assistive devices; (xii) posture; (xiii) body mechanics; (xiv) limb length, circumference, and volume; (xv) thoracic excursion and breathing patterns; (xvi) activities of daily living related to physical movement and mobility; (xvii) physical movement and mobility functions in the physical environment at home or work; and (xviii) neural muscular responses. (14) "Therapeutic intervention" includes: (a) therapeutic exercise, with or without the use of a device; (b) physical movement and mobility training for functional self-care; (c) physical movement and mobility for community or work integration; (d) manual therapy, including: (i) soft tissue mobilization; (ii) therapeutic massage; or (iii) joint mobilization, as the division defines by rule the division makes in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (e) prescription, application, fabrication, or training for an assistive technology, an adaptive device, an orthotic device, or a prosthetic device; (f) prescription of durable medical equipment to a patient with or without requesting a prescription from a licensed physician; (g) airway clearance techniques, including postural drainage; (h) integumentary protection and repair techniques; (i) wound debridement, cleansing, and dressing; (j) the application of a physical agent, including: (i) light; (ii) heat; (iii) cold; (iv) water; (v) air; (vi) sound; (vii) compression; (viii) electricity; and (ix) electromagnetic radiation; (k) mechanical or electrotherapeutic modalities; (l) positioning; (m) instructing or training a patient in locomotion or other functional activities, with or without an assistive device; (n) manual or mechanical traction; (o) correction of posture, body mechanics, or gait; and (p) trigger point dry needling, under the conditions described in Section 58-24b-505.
Utah Code § 58-84-203 — Utah Code / Title 58 / Chapter 58-84 / § 58-84-203
§ 58-84-203. Limitation of state certification.
Status: in_force

Nothing in this chapter shall be construed to prevent a person from lawfully engaging in the practice of music therapy without state certification.
Utah Code § 58-1-310 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-310
§ 58-1-310. Application for division determination regarding criminal conviction.
Status: in_force

7/1/2026 (1) An individual with a criminal record may apply to the division at any time for a determination of whether the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title if the individual has completed or were to complete all other licensing requirements for the occupation or profession. (2) To receive a determination, the individual shall submit the application described in this section in a form the division approves and shall include information regarding: (a) the individual's complete criminal conviction history; (b) what occupational or professional license the individual is interested in seeking; (c) what licensing requirements the individual meets; (d) what licensing requirements the individual has not met; and (e) any other information the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) The division may charge the individual a fee, established in accordance with Section 63J-1-504, to submit an application under this section. (4) Within 90 days of the day on which the division receives a completed application from an individual for a determination under this section, based on the statutory authority and administrative rules governing the occupation or profession at the time of the application, the division shall provide a written determination to the individual of whether the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession this title regulates if the individual were to complete all other licensing requirements. (5) If the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession this title regulates, the written determination described in Subsection (4) may also include information regarding additional steps the individual could take to qualify for licensure.
Utah Code § 58-63-302 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-302
§ 58-63-302. Qualifications for licensure.
Status: in_force

7/1/2026 (1) Each applicant for licensure as an armored car company or a contract security company shall: (a) submit an application in a form the division approves; (b) pay a fee the division determines in accordance with Section 63J-1-504; (c) have a qualifying agent who: (i) meets with the division and the board and demonstrates that the applicant and the qualifying agent meet the requirements of this section; (ii) is a resident of the state; (iii) is responsible management personnel or a company owner of the applicant; (iv) exercises material day-to-day authority in the conduct of the applicant's business by making substantive technical and administrative decisions and whose primary employment is with the applicant; (v) is not concurrently acting as a qualifying agent or employee of another armored car company or contract security company and is not engaged in any other employment on a regular basis; (vi) is not involved in any activity that would conflict with the qualifying agent's duties and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's performance under this chapter does not jeopardize the health or safety of the general public; (vii) is not an employee of a government agency; (viii) passes an examination component the division requires by rule the division makes in collaboration with the board, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ix) (A) demonstrates 6,000 hours of compensated experience as a manager, supervisor, or administrator of an armored car company or a contract security company; or (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in collaboration with the board with a federal, United States military, state, county, or municipal law enforcement agency; (d) require that each company officer, company owner, company proprietor, company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state: (i) provide name, address, date of birth, social security number, and fingerprints; and (ii) (A) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (B) meet any other standard related to the criminal background check described in Subsection (1)(d)(ii)(A), that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (C) disclose any criminal history the division requests on a form the division approves; (e) have company officers, company owners, company proprietors, company trustees, and responsible management personnel who have not been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of a contract security company or an armored car company by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (f) document that none of the individuals described in Subsection (1)(e): (i) have been declared by a court with jurisdiction incompetent by reason of mental defect or disease and not been restored; or (ii) are currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) file and maintain with the division evidence of: (i) comprehensive general liability insurance in a form in accordance with Subsection 58-63-102(13)(b); (ii) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; (iii) registration with the Division of Corporations and Commercial Code; and (iv) registration as required by applicable law with the: (A) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act; (B) State Tax Commission; and (C) Internal Revenue Service; and (h) meet with the division or board as the division or board may request. (2) Each applicant for licensure as an armed private security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an armed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g); (e) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (f) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum; (h) shall successfully complete firearms training requirements the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of training; (i) shall pass the examination requirement the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (j) shall: (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)(j)(i), that the division makes 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; and (k) shall meet with the division or board as the division or board may request. (3) Each applicant for licensure as an unarmed private security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an unarmed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (e) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (f) shall successfully complete basic education and training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum; (g) shall pass the examination requirement the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (h) shall: (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)(h)(i), that the division makes 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; and (i) shall meet with the division or board as the division or board may request. (4) Each applicant for licensure as an armored car security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an armored car security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g); (e) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (f) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) shall successfully complete basic education and training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (h) shall successfully complete firearms training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (i) shall pass the examination requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (j) shall: (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 (4)(j)(i), that the division makes 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; and (k) shall meet with the division and board if requested by the division or the board. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make a rule establishing when the division shall request a Federal Bureau of Investigation records' review for an applicant who is applying for licensure or licensure renewal under this chapter.7/1/2026 (1) Each applicant for licensure as an armored car company or a contract security company shall: (a) submit an application in a form the division approves; (b) pay a fee the division determines in accordance with Section 63J-1-504; (c) have a qualifying agent who: (i) meets with the division and the board and demonstrates that the applicant and the qualifying agent meet the requirements of this section; (ii) is a resident of the state; (iii) is responsible management personnel or a company owner of the applicant; (iv) exercises material day-to-day authority in the conduct of the applicant's business by making substantive technical and administrative decisions and whose primary employment is with the applicant; (v) is not concurrently acting as a qualifying agent or employee of another armored car company or contract security company and is not engaged in any other employment on a regular basis; (vi) is not involved in any activity that would conflict with the qualifying agent's duties and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's performance under this chapter does not jeopardize the health or safety of the general public; (vii) is not an employee of a government agency; (viii) passes an examination component the division requires by rule the division makes in collaboration with the board, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ix) (A) demonstrates 6,000 hours of compensated experience as a manager, supervisor, or administrator of an armored car company or a contract security company; or (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in collaboration with the board with a federal, United States military, state, county, or municipal law enforcement agency; (d) require that each company officer, company owner, company proprietor, company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state: (i) provide name, address, date of birth, social security number, and fingerprints; and (ii) (A) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (B) meet any other standard related to the criminal background check described in Subsection (1)(d)(ii)(A), that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (C) disclose any criminal history the division requests on a form the division approves; (e) have company officers, company owners, company proprietors, company trustees, and responsible management personnel who have not been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of a contract security company or an armored car company by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (f) document that none of the individuals described in Subsection (1)(e): (i) have been declared by a court with jurisdiction incompetent by reason of mental defect or disease and not been restored; or (ii) are currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) file and maintain with the division evidence of: (i) comprehensive general liability insurance in a form in accordance with Subsection 58-63-102(13)(b); (ii) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; (iii) registration with the Division of Corporations and Commercial Code; and (iv) registration as required by applicable law with the: (A) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act; (B) State Tax Commission; and (C) Internal Revenue Service; and (h) meet with the division or board as the division or board may request. (2) Each applicant for licensure as an armed private security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an armed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g); (e) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (f) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) shall successfully complete basic education and training requirements established by rule by the division in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum; (h) shall successfully complete firearms training requirements the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of 12 hours of training; (i) shall pass the examination requirement the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (j) shall: (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)(j)(i), that the division makes 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; and (k) shall meet with the division or board as the division or board may request. (3) Each applicant for licensure as an unarmed private security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an unarmed private security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (e) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (f) shall successfully complete basic education and training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which shall include a minimum of eight hours of classroom or online curriculum; (g) shall pass the examination requirement the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (h) shall: (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)(h)(i), that the division makes 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; and (i) shall meet with the division or board as the division or board may request. (4) Each applicant for licensure as an armored car security officer: (a) shall submit an application in a form the division approves; (b) shall pay a fee the division determines in accordance with Section 63J-1-504; (c) may not have been convicted of: (i) a felony; or (ii) a crime that when considered with the duties and responsibilities of an armored car security officer by the division and the board indicates that the best interests of the public are not served by granting the applicant a license; (d) may not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec. 922(g); (e) may not have been declared incompetent by a court with jurisdiction by reason of mental defect or disease and not been restored; (f) may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection 58-1-501(2)(a)(v); (g) shall successfully complete basic education and training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (h) shall successfully complete firearms training requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (i) shall pass the examination requirements the division makes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (j) shall: (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 (4)(j)(i), that the division makes 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; and (k) shall meet with the division and board if requested by the division or the board. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make a rule establishing when the division shall request a Federal Bureau of Investigation records' review for an applicant who is applying for licensure or licensure renewal under this chapter.
Utah Code § 58-57-106 — Utah Code / Title 58 / Chapter 58-57 / § 58-57-106
§ 58-57-106. Exemptions from licensure.
Status: in_force

(1) (a) For purposes of Subsection (2)(b), "qualified" means an individual who is a registered polysomnographic technologist or a Diplomate certified by the American Board of Sleep Medicine. (b) For purposes of Subsections (2)(f) and (g), "supervision" means one of the following will be immediately available for consultation in person or by phone: (i) a practitioner; (ii) a respiratory therapist; (iii) a Diplomate of the American Board of Sleep Medicine; or (iv) a registered polysomnographic technologist. (2) In addition to the exemptions from licensure in Section 58-1-307, the following individuals may engage in the practice of respiratory therapy subject to the stated circumstances and limitations without being licensed under this chapter: (a) an individual who provides gratuitous care for an immediate family member without representing that the individual is a licensed respiratory care practitioner; (b) an individual who is a licensed or a qualified member of another health care profession, if this practice is consistent with the accepted standards of the profession and if the individual does not represent that the individual is a respiratory care practitioner; (c) an individual who serves in the Armed Forces of the United States or another agency of the federal government and is performing official duties; (d) an individual who acts under a certification issued in accordance with Title 53, Chapter 2d, Emergency Medical Services Act, while providing emergency medical services; (e) except as provided in Subsection (3), an individual who delivers, installs, or maintains respiratory related durable medical equipment or who gives instructions regarding the use of that equipment; (f) an individual who works in a practitioner's office, acting under supervision; and (g) a polysomnographic technician or trainee, acting under supervision, as long as the technician or trainee administers the following only in a sleep lab, sleep center, or sleep facility: (i) oxygen titration; and (ii) positive airway pressure that does not include mechanical ventilation. (3) Subsection (2)(e) does not allow an individual to engage in clinical evaluation or treatment of a patient. (4) Nothing in this chapter permits a respiratory care practitioner to engage in the unauthorized practice of other health disciplines.
Utah Code § 58-5a-201 — Utah Code / Title 58 / Chapter 58-5a / § 58-5a-201
§ 58-5a-201. Podiatric Physician Board.
Status: in_force

(1) There is created the Podiatric Physician Board consisting of four podiatric physicians and one member of the general public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. (4) In addition, the board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints. (5) A board member who has, under Subsection (4), 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.
Utah Code § 58-1-106 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-106
§ 58-1-106. Division -- Duties, functions, and responsibilities.
Status: in_force

(1) The duties, functions, and responsibilities of the division include the following: (a) prescribing, adopting, and enforcing rules to administer this title; (b) investigating the activities of any person whose occupation or profession is regulated or governed by the laws and rules administered and enforced by the division; (c) subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum the production of any books, papers, documents, records, contracts, recordings, tapes, correspondence, or information relevant to an investigation upon a finding of sufficient need by the director or by the director's designee; (d) taking administrative and judicial action against persons in violation of the laws and rules administered and enforced by the division, including the issuance of cease and desist orders; (e) seeking injunctions and temporary restraining orders to restrain unauthorized activity; (f) complying with Title 52, Chapter 4, Open and Public Meetings Act; (g) issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or otherwise acting upon any license; (h) preparing and submitting to the governor and the Legislature an annual report of the division's operations, activities, and goals; (i) preparing and submitting to the executive director a budget of the expenses for the division; (j) establishing the time and place for the administration of examinations; (k) preparing lists of licensees and making these lists available to the public at cost upon request unless otherwise prohibited by state or federal law; and (l) considering interstate portability and the preservation of licensing pathways that are specific to Utah when making recommendations regarding membership in interstate licensing compacts. (2) The division may not include home telephone numbers or home addresses of licensees on the lists prepared under Subsection (1)(k), except as otherwise provided by rules of the division made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) (a) The division may provide the home address or home telephone number of a licensee on a list prepared under Subsection (1) upon the request of an individual who provides proper identification and the reason for the request, in writing, to the division. (b) A request under Subsection (3)(a) is limited to providing information on only one licensee per request. (c) The division shall provide, by rule, what constitutes proper identification under Subsection (3)(a). (4) (a) Notwithstanding any contrary provisions in Title 63G, Chapter 2, Government Records Access and Management Act, the division may share licensee information with: (i) the division's contracted agents when sharing the information in compliance with state or federal law; and (ii) a person who is evaluating the progress or monitoring the compliance of an individual who has been disciplined by the division under this title. (b) The division may make rules to implement the provisions of this Subsection (4). (5) All rules made by the division under this title shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-53-501 — Utah Code / Title 58 / Chapter 58-53 / § 58-53-501
§ 58-53-501. Unlawful conduct.
Status: in_force

"Unlawful conduct" includes: (1) using the title landscape architect or any other description, words, letters, or abbreviation indicating that the person is a landscape architect if the person has not been licensed under this chapter; and (2) engaging in or representing oneself as engaging in the practice of landscape architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure under Section 58-1-307 or 58-53-304.
Utah Code § 58-47b-201 — Utah Code / Title 58 / Chapter 58-47b / § 58-47b-201
§ 58-47b-201. Board.
Status: in_force

(1) There is created the Board of Massage Therapy and Acupuncture consisting of: (a) four massage therapists; (b) two licensed acupuncturists as defined in Section 58-72-102; and (c) one member of the general public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) (a) The board shall perform the duties and responsibilities described in Sections 58-1-202 and 58-1-203 with respect to this chapter and Chapter 72, Acupuncture Licensing Act. (b) In addition, the board shall designate one of the board's members on a permanent or rotating basis to: (i) assist the division in reviewing complaints concerning the conduct of an individual licensed under this chapter or Chapter 72, Acupuncture Licensing Act; and (ii) advise the division in the division's investigation of these complaints. (4) A board member who has, under Subsection (3), reviewed a complaint or advised in the complaint's investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Utah Code § 58-24b-101 — Utah Code / Title 58 / Chapter 58-24b / § 58-24b-101
§ 58-24b-101. Title.
Status: in_force

This chapter is known as the "Physical Therapy Practice Act."
Utah Code § 58-46a-307 — Utah Code / Title 58 / Chapter 58-46a / § 58-46a-307
§ 58-46a-307. Licensee required to prove licensure to commence or maintain action.
Status: in_force

A person may not commence or maintain an action in any court of the state for collection or compensation in any amount resulting from performance of acts or practices for which a license is required under this chapter unless that person was properly licensed under this chapter as a hearing instrument specialist at the time there was an agreement made to perform the regulated acts and practices, when the regulated acts and practices were performed, and when the alleged cause of action arose.
Utah Code § 58-41-307 — Utah Code / Title 58 / Chapter 58-41 / § 58-41-307
§ 58-41-307. Single license for speech-language pathologist and audiologist -- Single fee.
Status: in_force

(1) An applicant who qualifies to be licensed as both a speech-language pathologist and audiologist shall receive a single license reflecting licensure in both classifications. (2) The division may assess a fee only for a single license.
Utah Code § 58-47b-304 — Utah Code / Title 58 / Chapter 58-47b / § 58-47b-304
§ 58-47b-304. Exemptions from licensure -- Individuals.
Status: in_force

(1) In addition to the exemptions from licensure in Section 58-1-307, the following individuals may perform massage services, subject to the stated circumstances and limitations, without being a licensed individual: (a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act; (b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act; (c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a, Nurse Midwife Practice Act; (d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act; (e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice Act, while under the general supervision of a physical therapist; (f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic Medical Practice Act; (g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act; (h) a hospital staff member employed by a hospital, who practices massage as part of the staff member's responsibilities; (i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act; (j) a student in training enrolled in a massage therapy school approved by the division; (k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act; (l) (i) an occupational therapist licensed under Chapter 42a, Occupational Therapy Practice Act; and (ii) an occupational therapy assistant licensed under Chapter 42a, Occupational Therapy Practice Act, while under the general supervision of an occupational therapist; (m) an individual performing animal massage therapy under the rules made by the division in accordance with Subsection 58-28-307(12); (n) an individual performing gratuitous massage; (o) an individual: (i) certified by or through, and in good standing with, an industry organization that is recognized by the division and that represents a profession with established standards and ethics: (A) who is certified to practice reflexology and whose practice is limited to the scope of practice of reflexology; (B) who is certified to practice a type of zone therapy, including foot zone therapy, and whose practice is limited to the scope of practice for which the individual is certified; (C) who is certified to practice ortho-bionomy and whose practice is limited to the scope of practice of ortho-bionomy; (D) who is certified to practice bowenwork and whose practice is limited to the scope of practice of bowenwork; or (E) who is certified to practice a type of brain integration and whose practice is limited to the scope of practice for which the individual is certified; (ii) whose clients remain fully clothed from the shoulders to the knees; and (iii) whose clients do not receive gratuitous massage from the individual; and (p) (i) an individual performing massage services who: (A) holds a valid license, permit, certificate, or registration, for massage services issued by any other jurisdiction of the United States or by a foreign country; or (B) holds a certification from a nationally recognized massage therapy organization if the nonresident individual is from a jurisdiction of the United States that does not regulate massage therapy; and (ii) is temporarily performing massage services in this state for a period that does not exceed 30 days for the purpose of: (A) presenting educational or clinical programs, lectures, seminars, or workshops; (B) providing massage services during an emergency as part of a disaster response team; or (C) consulting with a licensed individual regarding massage services. (2) An individual described in Subsection (1) may not represent oneself as a massage assistant-in-training, a massage assistant, a massage apprentice, or a licensed massage therapist. (3) This chapter may not be construed to: (a) authorize any individual licensed under this chapter to engage in any manner in the practice of medicine as defined by the laws of this state; (b) require insurance coverage or reimbursement for massage services from third party payors; or (c) prevent an insurance carrier from offering coverage for massage services.
Utah Code § 58-76-303 — Utah Code / Title 58 / Chapter 58-76 / § 58-76-303
§ 58-76-303. Term of license -- Expiration -- Renewal.
Status: in_force

(1) (a) Each license issued under this chapter 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) 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 § 58-1-113 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-113
§ 58-1-113. Statewide behavioral health provider database study.
Status: in_force

(1) As used in this section: (a) "Accountable care organization" means a managed care organization, as defined in 42 C.F.R. Sec. 438, that contracts with the Department of Health and Human Services under the provisions of Section 26B-3-202. (b) "Behavioral health provider" means a mental health provider that provides behavioral health services. (c) "Behavioral health services" means: (i) mental health treatment or services; or (ii) substance use treatment or services. (d) "Commissioner" means Utah's insurance commissioner. (e) "Database" means the statewide behavioral health provider database described in Subsection (2). (f) "Department of Health and Human Services" means the Department of Health and Human Services created in Section 26B-1-201. (g) "Division of Integrated Healthcare" means the Division of Integrated Healthcare created in Section 26B-1-204. (h) "Insurer" means: (i) an insurer as that term is defined in Section 31A-22-634; (ii) an accountable care organization; (iii) a behavioral health plan as that term is defined in Section 26B-3-203; or (iv) for an adult who is covered through the traditional fee-for-service Medicaid model in counties without Medicaid accountable care organizations or the state's Medicaid accountable care organization delivery system, the Division of Integrated Healthcare. (i) "Mental health provider" means the same as that term is defined in Section 31A-22-658. (j) "PEHP" means the Public Employees' Benefit and Insurance Program created in Section 49-20-103. (k) "Provider directory" means a provider directory created in accordance with Section 31A-22-664. (l) "Telehealth services" means the same as that term is defined in Section 26B-4-704. (m) "Telemedicine services" means the same as that term is defined in Section 26B-4-704. (2) On or before June 30, 2026, the division shall convene a working group to study and develop recommendations regarding the feasibility and cost of creating and maintaining a database of behavioral health providers in the state, including: (a) an analysis of the requirements for a statewide behavioral health provider database that: (i) is accessible to the public; (ii) allows a person accessing the database to search behavioral health providers by: (A) license status; (B) areas of specialty the behavioral health provider provides, including treatment of specific mental health diagnoses and disorders; (C) insurers with which the behavioral health provider is under contract; and (D) whether the behavioral health provider offers any or all of the following: (I) in-person services; (II) telehealth services; or (III) telemedicine services; (iii) indicates what methods of payment a behavioral health provider accepts, including whether the behavioral health provider accepts cash only; (iv) indicates a behavioral health provider's availability for scheduling an appointment; (v) for each insurer, codes by color or other method whether each behavioral health provider in the insurer's network: (A) is accepting new patients; (B) requires a prospective new patient to call for availability; or (C) is not accepting new patients; (vi) allows an insurer to access the database and update information about behavioral health providers in the insurer's network; (vii) allows a behavioral health provider to access the database and update and verify the behavioral health provider's information; (viii) allows the division to communicate with a behavioral health provider in the database to prompt the behavioral health provider to review and verify information in the database; (ix) allows the division to import information from an insurer's provider directory into the database; and (x) allows an insurer to import information about behavioral health providers in the insurer's network into the insurer's provider directory; and (b) a determination of whether existing software or technology that PEHP owns or controls meets, or could be modified to meet, the requirements for the features described in Subsection (2)(a). (3) The division shall coordinate with the Department of Health and Human Services, PEHP, the Insurance Department, and accountable care organizations to determine the membership of the working group described in Subsection (2). (4) The division shall present to the Health and Human Services Interim Committee, on or before the date of the committee's November 2026 meeting, on the recommendations described in Subsection (2).
Utah Code § 58-41-304 — Utah Code / Title 58 / Chapter 58-41 / § 58-41-304
§ 58-41-304. Temporary licenses.
Status: in_force

(1) The division may issue a temporary audiology license to an applicant who: (a) obtains a master's or doctorate degree in audiology before July 1, 2010, or obtains a clinical doctorate degree in audiology after June 30, 2010; and (b) is practicing audiology for a year of clinical fellowship that the division approves. (2) The division may issue a temporary speech-language pathology license to an applicant who: (a) completes all requirements for licensure as a speech-language pathologist, except for Subsection 58-41-301(5)(c)(ii)(A); and (b) is practicing speech-language pathology for a year of clinical fellowship. (3) A temporary license is valid for up to 12 months from the day after the day on which the division issues the temporary license.
Utah Code § 58-31b-802 — Utah Code / Title 58 / Chapter 58-31b / § 58-31b-802
§ 58-31b-802. Consumer access to provider charges.
Status: in_force

Beginning January 1, 2011, a nurse whose license under this chapter authorizes independent practice shall, when requested by a consumer: (1) make a list of prices charged by the nurse available for the consumer which includes the nurse's 25 most frequently performed: (a) clinic procedures or clinic services; (b) out-patient procedures; and (c) in-patient procedures; and (2) provide the consumer with information regarding any discount available for: (a) services not covered by insurance; or (b) prompt payment of billed charges.
Utah Code § 58-22-303 — Utah Code / Title 58 / Chapter 58-22 / § 58-22-303
§ 58-22-303. Term of license -- Expiration -- Renewal.
Status: in_force

(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. 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 satisfactory evidence of completion of continuing education as may be required by rules enacted pursuant to Section 58-22-304. (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 § 58-53-304 — Utah Code / Title 58 / Chapter 58-53 / § 58-53-304
§ 58-53-304. Exemptions from licensure.
Status: in_force

In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated limited acts or practices without being licensed under this chapter: (1) a person preparing a site plan as defined in Subsection 58-53-102(3), for a one-, two-, three-, or four-family residence not exceeding two stories in height, exclusive of the basement; (2) a person designing sprinkler irrigation systems when licensed as a landscape contractor under Title 58, Chapter 55, Utah Construction Trades Licensing Act; (3) a person licensed to practice professional engineering or professional structural engineering under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; (4) a person licensed to practice architecture under Title 58, Chapter 3a, Architects Licensing Act; (5) unlicensed employees of a person licensed under this chapter while preparing site plans as defined in Subsection 58-53-102(3), under the supervision of a landscape architect; and (6) an organization engaged in the practice of landscape architecture, provided that: (a) the organization employs a principal; and (b) all individuals employed by the organization, who are engaged in the practice of landscape architecture, are licensed or exempt from licensure under this chapter.
Utah Code § 58-69-401 — Utah Code / Title 58 / Chapter 58-69 / § 58-69-401
§ 58-69-401. Grounds for denial of license -- Disciplinary proceedings.
Status: in_force

Grounds for division action regarding the following are under Section 58-1-401: (1) refusing to issue a license to an applicant or refusing to renew the license of a licensee; (2) revoking, suspending, restricting, or placing on probation the license of a licensee; (3) issuing a public or private reprimand to a licensee; and (4) issuing a cease and desist order.
Utah Code § 58-86-401 — Utah Code / Title 58 / Chapter 58-86 / § 58-86-401
§ 58-86-401. State certification number and signature.
Status: in_force

(1) The division shall provide each state certified commercial interior designer with a certificate number. (2) A final plan or specification for the construction of a commercial interior design within a newly constructed or existing building that is prepared by or under the supervision of a state certified commercial interior designer shall bear the signature and the certificate number of the state certified commercial interior designer when submitted to a client or a building official for the purpose of obtaining a building permit. (3) A state certified commercial interior designer may only include the designer's signature and certificate number on a final plan or specification that is within the scope of practice of commercial interior design and when the plan or specification: (a) is personally prepared by the certified interior designer; (b) is prepared by an employee, subordinate, associate, or drafter under the direct supervision of the state certified commercial interior designer and the state certified commercial interior designer assumes responsibility for the plan or specification; or (c) is prepared by another state certified commercial interior designer in the state or similarly qualified designer in another state provided that the state certified commercial interior designer attaching the designer's signature and certificate number: (i) performs a thorough review of all work for compliance with all applicable laws, rules, and standards of the profession; and (ii) makes any necessary corrections before submitting the final plan or specification: (A) to a building official for the purpose of obtaining a building permit; or (B) to a client, when the certified commercial interior designer represents, or can reasonably expect the client to consider, the plan or specification to be complete and final.
Utah Code § 58-37c-107 — Utah Code / Title 58 / Chapter 58-37c / § 58-37c-107
§ 58-37c-107. Reporting and recordkeeping -- Penalty.
Status: in_force

(1) Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-105(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories in accordance with rules adopted by the division. (2) The division shall provide reporting forms upon which regulated transactions shall be reported. (3) The division shall furnish copies of reports of transactions under this section to appropriate law enforcement agencies. (4) The division shall adopt rules regulating: (a) records that shall be maintained and reports that shall be submitted by regulated distributors and regulated purchasers with respect to listed controlled substance precursors obtained, distributed, and held in inventory; (b) records that shall be maintained and reports that shall be submitted by regulated distributors and regulated purchasers with respect to extraordinary or unusual regulated transactions and a requirement that in such cases the report must be received at least three working days before transfer of the listed controlled substance precursor; (c) identification that must be presented by a purchaser of any listed controlled substance precursor before the sale or transfer can be completed and recordkeeping requirements related to such identification presented; (d) filing by each licensee the identification of all locations where any listed controlled substance precursor is held in inventory or stored and amending such filing when any change in location is made; (e) reports and actions that must be taken by a regulated distributor or regulated purchaser in the event of any theft, loss, or shortage of a listed controlled substance precursor; (f) reports and actions that must be taken by a regulated distributor relating to a regulated transaction with an out-of-state purchaser; (g) reports and actions that must be taken by a regulated purchaser relating to a regulated transaction with an out-of-state distributor; and (h) regulated transactions to the extent such regulation is reasonable and necessary to protect the public health, safety, or welfare. (5) A person who engages in a regulated transaction may not accept a driving privilege card issued in accordance with Section 53-3-207 as proof of identification as required under Subsection (4)(c). (6) Any person who is a regulated distributor or a regulated purchaser who acts in violation of the provisions of this section, in addition to any criminal penalties, shall be subject to a civil penalty of not more than $25,000 for each offense.
Utah Code § 58-63-303 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-303
§ 58-63-303. Term of license -- Expiration -- Renewal.
Status: in_force

(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers. (2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Utah Code § 58-42a-101 — Utah Code / Title 58 / Chapter 58-42a / § 58-42a-101
§ 58-42a-101. Title.
Status: in_force

This chapter is known as the "Occupational Therapy Practice Act."
Utah Code § 58-17b-618 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-618
§ 58-17b-618. Compliance with state and federal laws.
Status: in_force

The entities licensed under Sections 58-17b-301 and 58-17b-302 shall comply with all state and federal laws and regulations relating to the practice of pharmacy.
Utah Code § 58-37-304 — Utah Code / Title 58 / Chapter 58-37 / § 58-37-304
§ 58-37-304. Prescription requirements -- Penalties.
Status: in_force

(1) An individual may not write or authorize a prescription for a controlled substance unless the individual is: (a) a practitioner authorized to prescribe drugs and medicine under the laws of this state or under the laws of another state having similar standards; and (b) licensed under this chapter or under the laws of another state having similar standards. (2) An individual other than a pharmacist licensed under the laws of this state, or the pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not dispense a controlled substance. (3) (a) A controlled substance may not be dispensed without the written prescription of a practitioner, if the written prescription is required by the federal Controlled Substances Act. (b) A written prescription described in Subsection (3)(a) shall be made in accordance with Subsection (1) and in conformity with Subsection (4). (c) In emergency situations, as defined by division rule, controlled substances may be dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms designated by the division and filed by the pharmacy. (d) Prescriptions reduced to writing by a pharmacist shall be in conformity with Subsection (4). (4) Except for emergency situations designated by the division, an individual may not issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription is signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of the prescriber as authorized by division rule, and contains the following information: (a) the name, address, and registry number of the prescriber; (b) the name, address, and age of the person to whom or for whom the prescription is issued; (c) the date of issuance of the prescription; and (d) the name, quantity, and specific directions for use by the ultimate user of the controlled substance. (5) A prescription may not be written, issued, filled, or dispensed for a Schedule I controlled substance unless: (a) the individual who writes the prescription is licensed under Subsection 58-37-105(2); and (b) the prescribed controlled substance is to be used in research. (6) (a) Except when administered directly to an ultimate user by a licensed practitioner, controlled substances are subject to the restrictions of this Subsection (6). (b) A prescription for a Schedule II substance may not be refilled. (c) A Schedule II controlled substance may not be filled in a quantity to exceed a one-month's supply, as directed on the daily dosage rate of the prescriptions. (d) (i) A prescription for a Schedule II or Schedule III controlled substance that is an opiate and that is issued for an acute condition shall be completely or partially filled in a quantity not to exceed a seven-day supply as directed on the daily dosage rate of the prescription. (ii) Subsection (6)(d)(i) does not apply to prescriptions issued for complex or chronic conditions that are documented as being complex or chronic in the medical record. (iii) A pharmacist is not required to verify that a prescription is in compliance with this Subsection (6)(d). (e) A Schedule III or IV controlled substance may be filled only within six months of issuance, and may not be refilled more than six months after the date of the original issuance or be refilled more than five times after the date of the prescription unless renewed by the practitioner. (f) All other controlled substances in Schedule V may be refilled as the prescriber's prescription directs, but they may not be refilled one year after the date the prescription was issued unless renewed by the practitioner. (g) Any prescription for a Schedule II substance may not be dispensed if it is not presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days after the date the prescription was issued, or 30 days after the dispensing date, if that date is specified separately from the date of issue. (h) A practitioner may issue more than one prescription at the same time for the same Schedule II controlled substance, but only under the following conditions: (i) no more than three prescriptions for the same Schedule II controlled substance may be issued at the same time; (ii) no one prescription may exceed a 30-day supply; and (iii) a second or third prescription shall include the date of issuance and the date for dispensing. (7) An order for a controlled substance in Schedules II through V for use by an inpatient or an outpatient of a licensed hospital is exempt from all requirements of this section if the order is: (a) issued or made by a prescribing practitioner who holds an unrestricted registration with the federal Drug Enforcement Administration, and an active Utah controlled substance license in good standing issued by the division under Section 58-37-105, or a medical resident who is exempted from licensure under Subsection 58-1-307(1)(c); (b) authorized by the prescribing practitioner treating the patient and the prescribing practitioner designates the quantity ordered; (c) entered upon the record of the patient, the record is signed by the prescriber affirming the prescriber's authorization of the order within 48 hours after filling or administering the order, and the patient's record reflects the quantity actually administered; and (d) filled and dispensed by a pharmacist practicing the pharmacist's profession within the physical structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital and the amount taken from the supply is administered directly to the patient authorized to receive it. (8) (a) For purposes of Subsection (8)(b): (i) "Child" means the same as that term is defined in Section 80-1-102. (ii) "Emergency" means any physical condition requiring the administration of a controlled substance for immediate relief of pain or suffering. (b) A practitioner licensed under this chapter may not prescribe, administer, or dispense a controlled substance to a child, without first obtaining the consent required in Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child, except in cases of an emergency. (9) A practitioner licensed under this chapter may not prescribe or administer dosages of a controlled substance in excess of medically recognized quantities necessary to treat the ailment, malady, or condition of the ultimate user. (10) A practitioner licensed under this chapter may not prescribe, administer, or dispense any controlled substance to another person knowing that the other person is using a false name, address, or other personal information for the purpose of securing the controlled substance. (11) A person who is licensed under this chapter to manufacture, distribute, or dispense a controlled substance may not manufacture, distribute, or dispense a controlled substance to another licensee or any other authorized person not authorized by this license. (12) A person licensed under this chapter may not omit, remove, alter, or obliterate a symbol required by this chapter or by a rule issued under this chapter. (13) A person licensed under this chapter may not refuse or fail to make, keep, or furnish any record notification, order form, statement, invoice, or information required under this chapter. (14) A person licensed under this chapter may not refuse entry into any premises for inspection as authorized by this chapter. (15) A person licensed under this chapter may not furnish false or fraudulent material information in any application, report, or other document required to be kept by this chapter or willfully make any false statement in any prescription, order, report, or record required by this chapter. (16) (a) (i) A person licensed under this chapter who is found by the division to have violated any of the provisions of Subsection (11), (12), (13), (14), or (15) is subject to a penalty not to exceed $5,000. (ii) The division shall determine the procedure for adjudication of any violations in accordance with Sections 58-1-106 and 58-1-108. (b) The division shall deposit all penalties collected under Subsection (16)(a)(i) into the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1). (c) The director may collect a penalty 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. (d) 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. (e) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (17) (a) A person who knowingly and intentionally violates Subsection (8), (9), or (10) is: (i) upon first conviction, guilty of a class B misdemeanor; (ii) upon second conviction, guilty of a class A misdemeanor; and (iii) upon third or subsequent conviction, guilty of a third degree felony. (b) A person who knowingly and intentionally violates Subsection (11), (12), (13), (14), or (15) is guilty of a third degree felony. (18) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.
Utah Code § 58-56-9.1 — Utah Code / Title 58 / Chapter 58-56 / § 58-56-9.1
§ 58-56-9.1. Unlawful conduct.
Status: in_force

(1) "Unlawful conduct" means the same as that term is defined in Section 58-1-501. (2) "Unlawful conduct" includes: (a) engaging in the sale of factory built housing without being registered with the division as a dealer, unless the sale is exempt under Section 58-56-16; (b) selling factory built housing within the state as a dealer without collecting and remitting to the division the fee required by Section 58-56-17; (c) acting as a building inspector or representing oneself to be acting as a building inspector, unless licensed or exempt under this chapter or using the title building inspector or any other description, words, letters, or abbreviation indicating that the person is a building inspector if the person has not been licensed under this chapter; (d) acting as a building inspector beyond the scope of the license held under this chapter; (e) hiring or employing in any manner an unlicensed person as a building inspector, unless exempt from licensure under this chapter; and (f) as a building official, directing or knowingly allowing an employed or contracted inspector to perform beyond the scope of the inspector's license held under this chapter.
Utah Code § 58-67-101 — Utah Code / Title 58 / Chapter 58-67 / § 58-67-101
§ 58-67-101. Title.
Status: in_force

This chapter is known as the "Utah Medical Practice Act."
Utah Code § 58-17b-602.1 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-602.1
§ 58-17b-602.1. Dispensing quantity or dosage form different from prescription.
Status: in_force

(1) Without specific authorization from a prescriber, a pharmacist or pharmacy intern may dispense: (a) a prescription in a quantity different than the quantity prescribed if the prescribed quantity or package size is not commercially available; and (b) a prescription in a dosage form different than the dosage form prescribed, if in the professional judgement of the pharmacist or pharmacy intern, dispensing a different dosage form is in the best interest of the patient. (2) This section does not apply if: (a) the substitute would change the bioavailability of the medication; (b) the substitute would change the treatment parameters; or (c) the prescriber has written or clearly designated "dispense as written" on the prescription.
Utah Code § 58-67b-112 — Utah Code / Title 58 / Chapter 58-67b / § 58-67b-112
§ 58-67b-112. Section 11 -- Interstate Medical Licensure Compact Commission.
Status: in_force

(1) The member states hereby create the "Interstate Medical Licensure Compact Commission." (2) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function. (3) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the Compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the Compact. (4) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be: (a) an allopathic or osteopathic physician appointed to a member board; (b) an executive director, executive secretary, or similar executive of a member board; or (c) a member of the public appointed to a member board. (5) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states. (6) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. (7) Each commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of Subsection (4). (8) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to: (a) relate solely to the internal personnel practices and procedures of the Interstate Commission; (b) discuss matters specifically exempted from disclosure by federal statute; (c) discuss trade secrets, commercial, or financial information that is privileged or confidential; (d) involve accusing a person of a crime, or formally censuring a person; (e) discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (f) discuss investigative records compiled for law enforcement purposes; or (g) specifically relate to the participation in a civil action or other legal proceeding. (9) The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes. (10) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the Compact or by its rules, available to the public for inspection. (11) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Compact including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as necessary. (12) The Interstate Commission may establish other committees for governance and administration of the Compact.
Utah Code § 58-92-310 — Utah Code / Title 58 / Chapter 58-92 / § 58-92-310
§ 58-92-310. Qualification credit for specified training.
Status: in_force

9/1/2026In collaboration with the board, the division may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that exempt an applicant from meeting all or a portion of the experience requirements of Section 58-92-307 for licensure if the applicant: (1) holds a criminal justice bachelor's degree from an accredited college or university; (2) is certified to have successfully completed the state Peace Officers Standards and Training basic training course provided under Section 53-6-202; or (3) provides adequate proof of having successfully completed a training or experience substantially similar to the training and experience required under this chapter.
Utah Code § 58-37c-207 — Utah Code / Title 58 / Chapter 58-37c / § 58-37c-207
§ 58-37c-207. Possession of ephedrine, pseudoephedrine, or phenylpropanolamine  -- Penalties -- Affirmative defense.
Status: in_force

(1) A person is guilty of a class A misdemeanor if the person: (a) is not licensed to engage in regulated transactions and is not excepted from licensure; and (b) under circumstances not amounting to a violation of Subsection 58-37c-101(11)(k) or 76-18-506(2)(a), possesses more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. (2) It is an affirmative defense to a charge under Subsection (1) that the person in possession of ephedrine, pseudoephedrine, phenylpropanolamine, or a combination of these substances: (a) (i) is a physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons; and (ii) possesses the substances in the regular course of lawful business activities; or (b) possesses the substance pursuant to a valid prescription as defined in Section 58-37-101. (3) (a) (i) A defendant shall provide written notice of intent to claim an affirmative defense under this section as soon as practicable, but not later than 10 days prior to trial. (ii) The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice. (b) The notice described in Subsection (3)(a)(i) shall include the specifics of the asserted defense. (c) (i) The defendant shall establish the affirmative defense by a preponderance of the evidence. (ii) If the defense is established, it is a complete defense to the charges. (4) This section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which: (a) are not otherwise prohibited by law; and (b) may contain naturally occurring ephedrine, ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that: (i) are contained in a matrix of organic material; and (ii) do not exceed 15% of the total weight of the natural product.
Utah Code § 58-17b-103 — Utah Code / Title 58 / Chapter 58-17b / § 58-17b-103
§ 58-17b-103. Administrative inspections.
Status: in_force

(1) The division may for the purpose of ascertaining compliance with the provisions of this chapter, require a self-audit or enter and inspect the business premises of a person: (a) licensed under Part 3, Licensing; or (b) who is engaged in activities that require a license under Part 3, Licensing. (2) Before conducting an inspection under Subsection (1), the division shall, after identifying the person in charge: (a) give proper identification; (b) request to see the applicable license or licenses; (c) describe the nature and purpose of the inspection; and (d) provide upon request, the authority of the division to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 58-17b-504. (3) In conducting an inspection under Subsection (1), the division may, after meeting the requirements of Subsection (2): (a) examine any record, prescription, order, drug, device, equipment, machine, electronic device or media, or area related to activities for which a license has been issued or is required by Part 3, Licensing, for the purpose of ascertaining compliance with the applicable provisions of this chapter; (b) reproduce any record or media at the division's own cost; (c) take a drug or device for further analysis if considered necessary; (d) temporarily seize a drug or device that is suspected to be adulterated, misbranded, outdated, or otherwise in violation of this chapter, pending an adjudicative proceeding on the matter; (e) box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise in violation of this chapter; and (f) dispose of or return a drug or device obtained under this Subsection (3) in accordance with procedures established by division rule. (4) An inspection described in Subsection (1) shall be conducted during regular business hours. (5) If, upon inspection, the division concludes that a person has violated the provisions of this chapter or Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a rule or order issued with respect to those chapters, and that disciplinary action is appropriate, the director or the director's designee shall promptly issue a fine or citation to the licensee in accordance with Section 58-17b-504.
Utah Code § 58-41-302 — Utah Code / Title 58 / Chapter 58-41 / § 58-41-302
§ 58-41-302. Issuance of license.
Status: in_force

After the division reviews and approves the application, the division shall issue a license in accordance with Section 58-1-301.
Utah Code § 58-41-201 — Utah Code / Title 58 / Chapter 58-41 / § 58-41-201
§ 58-41-201. Board.
Status: in_force

(1) There is created the Speech-language Pathologist and Audiologist Licensing Board, consisting of four speech-language pathologists or audiologists and one member of the general public. (a) The nonpublic members of the board shall be licensed to provide and shall be engaged in providing speech-language pathology or audiology services to the public as a major interest as follows: (i) one member shall be in private practice as a primary professional interest and activity or shall be a provider or speech-language pathology or audiology services at large; (ii) one member shall be from a nonschool clinic setting which provides ongoing speech-language pathology or audiology services; (iii) one member shall be a provider of speech-language pathology and audiology services in the elementary or secondary schools; and (iv) one member shall be a provider of a speech-language pathology and audiology college or university training program. (b) At no time may the board consist of more than two members who represent speech-language pathology or more than two members who represent audiology. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
Utah Code § 58-61-502 — Utah Code / Title 58 / Chapter 58-61 / § 58-61-502
§ 58-61-502. Unprofessional conduct.
Status: in_force

(1) As used in this chapter, "unprofessional conduct" includes: (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 for which the individual is licensed, or the laws of the state; (b) failure to confine practice conduct to those acts or practices: (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and (ii) which are within applicable scope of practice laws of this chapter; (c) disclosing or refusing to disclose any confidential communication under Section 58-61-602; (d) a pattern of failing to provide to patients in a mental health therapy setting: (i) information regarding the license holder, including the name under which the license holder is licensed, the type of license held, the license number, and the license holder's contact information; (ii) if an individual's license requires the license holder to be supervised by another licensed provider, information regarding the supervisor, including the name under which the supervisor is licensed, the type of license held, the license number, and the supervisor's contact information; (iii) information regarding standards of appropriate care and ethical boundaries, including a plain language statement that in a professional relationship with a mental health practitioner, a dual relationship between a client and a provider, or one that is romantic, financially motivated, sexual, or otherwise risks impacting the provider's judgment or the quality of the services provided, is never appropriate and should be reported to the Division of Professional Licensing; (iv) unless the individual is under an order of temporary commitment or involuntary commitment, information regarding the client's rights, including that the client has the right to seek a second opinion, to ask for additional information, and to terminate treatment at any time; or (v) the contact information for the Division of Professional Licensing, including how to file a complaint; and (e) a pattern of failing to provide to patients, upon request: (i) information about the license holder's qualifications and experience, including a listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the license holder, the name of the granting school or institution, and the continuing education that the licensee is required to complete in order to retain the license; (ii) information regarding standards of appropriate care and ethical boundaries, including a copy of the statutory and administrative rule definitions of unprofessional conduct, and a copy of generally recognized professional or ethical standards; (iii) for any course of treatment, the method of treatment recommended, the reasoning supporting the method of treatment, the techniques used, the expected duration of the treatment, if known, and the fee structure; or (iv) information regarding the individuals who have or have had access to confidential data related to the care of the patient, including evaluations, assessments, diagnoses, prevention or treatment plans, reports, progress notes, discharge summaries, treatment, or the documentation of treatment, including video recording, live stream, or in-person observations of psychotherapy or other treatment methods. (2) "Unprofessional conduct" under this chapter may be further defined by division rule.
Utah Code § 58-60b-201 — Utah Code / Title 58 / Chapter 58-60b / § 58-60b-201
§ 58-60b-201. Rulemaking authority -- State authority over scope of practice.
Status: in_force

(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter. (2) Notwithstanding any provision in Sections 58-60b-101 through 58-60b-114, Sections 58-60b-101 through 58-60b-114 do not supersede state law related to an individual's scope of practice under this title.
Utah Code § 58-68-803 — Utah Code / Title 58 / Chapter 58-68 / § 58-68-803
§ 58-68-803. Medical records -- Electronic records.
Status: in_force

(1) Medical records maintained by a licensee shall: (a) meet the standards and ethics of the profession; and (b) be maintained in accordance with division rules made in collaboration with the board. (2) Medical records under this section may be maintained by an electronic means if the records comply with Subsection (1).
Utah Code § 58-41a-102 — Utah Code / Title 58 / Chapter 58-41a / § 58-41a-102
§ 58-41a-102. Audiology and Speech-Language Pathology Interstate Compact.
Status: in_force

AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACTSECTION 1: PURPOSEThe purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.This Compact is designed to achieve the following objectives:1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;2. Enhance the states' ability to protect the public's health and safety;3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;4. Support spouses of relocating active duty military personnel;5. Enhance the exchange of licensure, investigative and disciplinary information between member states;6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.SECTION 2: DEFINITIONSAs used in this Compact, and except as otherwise provided, the following definitions shall apply:A. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.B. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.C. "Alternative program" means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.D. "Audiologist" means an individual who is licensed by a state to practice audiology.E. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.F. "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact.G. "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.H. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.I. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.J. "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action.K. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).L. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.M. "Home state" means the member state that is the licensee's primary state of residence.N. "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.O. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.P. "Member state" means a state that has enacted the Compact.Q. "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.R. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.S. "Rule" means a regulation, principle or directive promulgated by the Commission that has the force of law.T. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.U. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.V. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.W. "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology.X. "State practice laws" means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.Y. "Telehealth" means the application of electronic communication or information technology that meets the applicable standard of care to deliver audiology or speech-language pathology services or information at a distance for assessment, intervention and/or consultation.SECTION 3. STATE PARTICIPATION IN THE COMPACTA. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These 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.1. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.2. Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant.D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.E. For an audiologist:1. Must meet one of the following educational requirements:a. On or before, Dec. 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; orb. On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; orc. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the board;3. Has successfully passed a national examination approved by the Commission;4. Holds an active, unencumbered license;5. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and6. Has a valid United States Social Security or National Practitioner Identification number.F. For a speech-language pathologist:1. Must meet one of the following educational requirements:a. Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; orb. Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.2. Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;3. Has completed a supervised postgraduate professional experience as required by the Commission;4. Has successfully passed a national examination approved by the Commission;5. Holds an active, unencumbered license;6. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and7. Has a valid United States Social Security or National Practitioner Identification number.G. The privilege to practice is derived from the home state license.H. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided.I. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.J. Member states may charge a fee for granting a compact privilege.K. Member states must comply with the bylaws and rules and regulations of the Commission.SECTION 4. COMPACT PRIVILEGEA. To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:1. Hold an active license in the home state;2. Have no encumbrance on any state license;3. Be eligible for a compact privilege in any member state in accordance with Section 3;4. Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application;5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);6. Pay any applicable fees, including any state fee, for the compact privilege; and7. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.C. Except as provided in Section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.F. If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the compact privilege in any member state is deactivated in accordance with rules promulgated by the Commission.G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.J. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:1. The home state license is no longer encumbered; and2. Two years have elapsed from the date of the adverse action.K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.L. Once the requirements of Section 4J have been met, the licensee must meet the requirements in Section 4A to obtain a compact privilege in a remote state.SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTHA. Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.B. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSESActive duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.SECTION 7. ADVERSE ACTIONSA. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:1. Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.3. If otherwise permitted by state law, recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.4. Take adverse action based on the factual findings of the remote state, provided that the home state follows its own procedures for taking the adverse action.B. Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.C. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.D. The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.E. Joint Investigations1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.F. If adverse action is taken by the home state against an audiologist's or speech language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.G. If a member state takes adverse action against a license, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has the practice privilege of any adverse actions by the home state or remote states.H. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSIONA. The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:1. The Commission is an instrumentality of the Compact states.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting and Meetings1. Each member state shall have two (2) delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.2. An additional five (5) delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large.3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.4. The member state board shall fill any vacancy occurring on the Commission, within 90 days.5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.C. The Commission shall have the following powers and duties:1. Establish the fiscal year of the Commission;2. Establish bylaws;3. Establish a Code of Ethics;4. Maintain its financial records in accordance with the bylaws;5. Meet and take actions as are consistent with the provisions of this Compact and the bylaws;6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states to the extent and in the manner provided for in the Compact;7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;8. Purchase and maintain insurance and bonds;9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;14. Establish a budget and make expenditures;15. Borrow money;16. Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this Compact and the bylaws;17. Provide and receive information from, and cooperate with, law enforcement agencies;18. Establish and elect an Executive Committee; and19. Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.D. The Commission shall have no authority to change or modify the laws of the member states which define the practice of audiology and speech-language pathology in the respective states.E. The Executive CommitteeThe Executive Committee shall have the power to act on behalf of the Commission, within the powers of the Commission, according to the terms of this Compact:1. The Executive Committee shall be composed of ten (10) members:a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission;b. Two (2) ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; andc. One (1) ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.F. The ex-officio members shall be selected by their respective organizations.1. The Commission may remove any member of the Executive Committee as provided in bylaws.2. The Executive Committee shall meet at least annually.3. The Executive Committee shall have the following duties and responsibilities:a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;b. Ensure Compact administration services are appropriately provided, contractual or otherwise;c. Prepare and recommend the budget;d. Maintain financial records on behalf of the Commission;e. Monitor Compact compliance of member states and provide compliance reports to the Commission;f. Establish additional committees as necessary; andg. Other duties as provided in rules or bylaws.4. Meetings of the CommissionAll meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10.5. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:a. Non-compliance of a member state with its obligations under the Compact;b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation;d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;e. Accusing any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigative records compiled for law enforcement purposes;i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; orj. Matters specifically exempted from disclosure by federal or member state statute.6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.7. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of meetings, other than closed meetings, shall be made available to members of the public upon request. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.8. Financing of the Commissiona. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.b. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.c. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.9. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.10. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.G. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.SECTION 9. DATA SYSTEMA. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.B. 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 Commission, including:1. Identifying information;2. Licensure data;3. Adverse actions against a license or compact privilege;4. Non-confidential information related to alternative program participation;5. Any denial of application for licensure, and the reason(s) for denial; and6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.C. Investigative information pertaining to a licensee in any member state shall only be available to other member states.D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.E. 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.F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.SECTION 10. RULEMAKINGA. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1. On the website of the Commission or other publicly accessible platform; and2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.E. The Notice of Proposed Rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;2. The text of the proposed rule or amendment and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F. Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1. At least twenty-five (25) persons;2. A state or federal governmental subdivision or agency; or3. An association having at least twenty-five (25) members.H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. All hearings shall be recorded. A copy of the recording shall be made available to any person upon request and at the requesting person's expense.4. 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.I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, 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; or3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment 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 chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA. 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.B. 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 litigation, including reasonable attorney's 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.SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.B. Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.C. Any member state may withdraw from this Compact by enacting a statute repealing the same.1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.D. Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.SECTION 13. CONSTRUCTION AND SEVERABILITYThis Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held 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.SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWSA. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.B. All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.C. All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.D. All agreements between the Commission and the member states are binding in accordance with their terms.E. 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 § 58-9-604 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-604
§ 58-9-604. Control by funeral service director.
Status: in_force

A funeral service director may control the disposition of the decedent and recover reasonable charges if: (1) (a) the funeral service director has actual knowledge that none of the persons described in Section 58-9-602 exist; or (b) after reasonable efforts the funeral service director is not able to contact any of the persons described in Section 58-9-602; and (2) the appropriate public official charged with arranging the disposition of deceased persons fails to assume responsibility for disposition of the decedent within 36 hours after receiving written notice from the funeral service director.
Utah Code § 58-1-505 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-505
§ 58-1-505. Cosmetic medical procedure supervisor.
Status: in_force

(1) For purposes of this section and Section 58-1-506: (a) "Cosmetic medical facility" means a physician's office or a facility that has a supervisor who performs the supervision required in Section 58-1-506. (b) "Supervisor" means: (i) a physician with an unrestricted license under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act, who is acting within the scope of the practice of medicine, as defined in Section 58-67-102; and (ii) an advanced practice registered nurse with an unrestricted license under Chapter 31b, Nurse Practice Act, who is acting within the scope of practice of advanced practice registered nursing, as defined in Section 58-31b-102. (2) (a) An individual authorized by this title to perform a cosmetic medical procedure shall be supervised by a supervisor when performing a medical procedure. (b) Cosmetic medical procedures may only be performed in a cosmetic medical facility. (c) A supervisor may delegate the supervisory role only to another individual who is qualified as a supervisor.
Utah Code § 58-13-2.5 — Utah Code / Title 58 / Chapter 58-13 / § 58-13-2.5
§ 58-13-2.5. Standard of proof for emergency care when immunity does not apply.
Status: in_force

(1) A person who is a health care provider as defined in Section 78B-3-403 who provides emergency care in good faith, but is not immune from suit because of an expectation of payment, a legal duty to respond, or other reason under Section 58-13-2, may only be liable for civil damages if fault, as defined in Section 78B-5-817, is established by clear and convincing evidence. (2) For purposes of Subsection (1), "emergency care" means the treatment of an emergency medical condition, as defined in Section 31A-1-301, from the time that the person presents at the emergency department of a hospital and including any subsequent transfer to another hospital, until the condition has been stabilized and the patient is either discharged from the emergency department or admitted to another department of the hospital. (3) This section does not apply to emergency care provided by a physician if: (a) the physician has a previously established physician/patient relationship with the patient outside of the emergency room; (b) the patient has been seen in the last three months by the physician for the same condition for which emergency care is sought; and (c) the physician can access and consult the patient's relevant medical care records while the physician is making decisions about and providing the emergency care. (4) (a) Nothing in this section may be construed as: (i) altering the applicable standard of care for determining fault; or (ii) applying the standard of proof of clear and convincing evidence to care outside of emergency care and the mandatory legal duty to treat. (b) This section applies to emergency care given after June 1, 2009. (5) This section sunsets in accordance with Section 63I-1-258.
Utah Code § 58-9-603 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-603
§ 58-9-603. Loss of right of disposition.
Status: in_force

(1) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard for the decedent. (2) A person who has a right of disposition under this chapter forfeits that right and the right is passed on to the next qualifying person as listed in Section 58-9-602 under the following circumstances: (a) the person is charged with first or second degree murder or voluntary manslaughter in connection with the decedent's death, and the charges are known by the funeral service director, except that if the charges against the person are dropped or if the person is acquitted of the charges, the right of disposition is returned to the person; (b) the person does not exercise the person's right of disposition within three days of notification of the decedent's death or within five days of the decedent's death, whichever is earlier; or (c) if a probate court under Section 58-9-605 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death.
Utah Code § 58-4a-102 — Utah Code / Title 58 / Chapter 58-4a / § 58-4a-102
§ 58-4a-102. Definitions.
Status: in_force

As used in this chapter: (1) "Diversion agreement" means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. (2) "Licensee" means an individual licensed to practice: (a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b) under Title 58, Chapter 17b, Pharmacy Practice Act; (c) under Title 58, Chapter 28, Veterinary Practice Act; (d) under Title 58, Chapter 31b, Nurse Practice Act; (e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act; (f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act; (g) under Title 58, Chapter 67, Utah Medical Practice Act; (h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or (j) under Title 58, Chapter 70a, Utah Physician Assistant Act. (3) "Program" means the Utah Professionals Health Program. (4) "Program contract" means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. (5) "Substance use disorder" means the same as that term is defined in Section 26B-5-501.
Utah Code § 58-9-504 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-504
§ 58-9-504. Authority to promulgate rules.
Status: in_force

In addition to the authority granted under Section 58-1-106, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division in collaboration with the board shall establish by rule: (1) the minimum requirements for a licensed funeral establishment for the following: (a) physical facilities; (b) equipment; (c) instruments; and (d) supplies; (2) license cycles under Section 58-9-303; (3) standards to protect the interests of buyers and potential buyers of preneed funeral arrangements under Section 58-9-701; and (4) standards for preneed funeral arrangement trusts.
Utah Code § 58-41-501 — Utah Code / Title 58 / Chapter 58-41 / § 58-41-501
§ 58-41-501. Unprofessional conduct.
Status: in_force

A licensed individual engages in unprofessional conduct if the individual: (1) fails to make an appropriate referral to a qualified health care provider with respect to a condition the licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer; (2) designates a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument; (3) makes false, misleading, deceptive, fraudulent, or exaggerated claims with respect to the practice of audiology or the practice of speech-language pathology; (4) fails to exercise caution in providing a patient a prognosis to ensure the patient is not led to expect results that the individual cannot accurately predict; (5) fails to provide appropriate follow-up care and consultation with respect to a patient to whom the individual prescribed and sold a hearing instrument after being informed by the patient that the hearing instrument does not produce the results represented by the licensed individual; (6) fails to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient before providing the services or hearing instrument; (7) fails to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination by the division that the patient has not obtained the recovery of hearing the licensed individual represented in writing before sale of the hearing instrument; (8) pays a professional individual consideration for referral of a patient; (9) fails, when acting as a supervising speech-language pathologist or a supervising audiologist, to provide supervision and training; (10) fails to describe in any advertisement, presentation, purchase, or trial agreement, the circuitry of a hearing instrument as being either "digital" or "analog" or other acceptable terms as the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (11) fails to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement; (12) fails to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as pertaining to a hearing instrument; (13) fails to keep the equipment used in the practice of speech-language pathology and audiology properly calibrated and in good working condition; (14) fails to comply with Section 58-41-306; (15) fails to 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 that includes: (a) identification of services and products provided to a patient and the charges for each service or product; and (b) a statement whether any 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; (16) before providing services or products to a patient, fails to: (a) advise the patient about the expected results of the services and products; or (b) 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; (17) fails to obtain the patient's informed consent and agreement to purchase the hearing instrument before designating an appropriate hearing instrument; (18) if a hearing instrument does not substantially enhance the patient's hearing consistent with the representations of the licensed individual at the time informed consent was given before the sale and fitting of the hearing instrument, fails to provide: (a) necessary intervention to produce satisfactory hearing recovery results consistent with representations made; or (b) for the refund of fees the patient paid for the hearing instrument to the licensed individual within a reasonable time after finding that the hearing instrument does not substantially enhance the patient's hearing; (19) fails to maintain a level of professional practice consistent with all initial and subsequent requirements by which licensure is achieved or maintained under this chapter; (20) utilizes substandard or inappropriate facilities or equipment; or (21) treats a disorder for which the licensed individual has not had the necessary training and experience.
Utah Code § 58-93-101 — Utah Code / Title 58 / Chapter 58-93 / § 58-93-101
§ 58-93-101. Definitions.
Status: in_force

9/1/2026As used in this chapter: (1) "Bail bond agency" means an entity licensed under this chapter that operates a business to carry out the functions of a bail enforcement agent or bail recovery agent, and to conduct this business, the entity: (a) employs a qualifier; (b) employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or (c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery apprentice on a part-time or case-by-case basis. (2) "Bail enforcement agent" means an individual: (a) licensed under this chapter as a bail enforcement agent to: (i) enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding; (ii) apprehend a defendant or surrender a defendant to custody; or (iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and (b) who: (i) is appointed by a bail bond surety; and (ii) receives or is promised consideration for the individual's service. (3) "Bail enforcement professional" means a person licensed under this chapter. (4) "Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by: (a) presenting a defendant for required court appearances; (b) apprehending or surrendering a defendant to a court; or (c) keeping the defendant under necessary surveillance. (5) "Bail recovery apprentice" means an individual licensed under this chapter as a bail recovery apprentice who: (a) is an employee of a licensed bail enforcement agent or bail recovery agent; (b) is adequately supervised by rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; and (d) may not: (i) advertise bail recovery services; (ii) provide bail recovery services directly to a member of the public; or (iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery apprentice. (6) "Board" means the Security Services Licensing Board created under Section 58-63-201. (7) "Control position" means an individual that exercises direct or indirect control over a business entity regardless of form. (8) (a) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea. (b) "Conviction" includes the following, regardless of whether the imposition of sentence was suspended: (i) a plea of no contest or nolo contendere; (ii) a plea in abeyance; or (iii) an Alford plea. (9) "D.B.A." means the same as that term is defined in Section 42-2-101. (10) "Occupied structure" means a building, vehicle, or other structure that could reasonably be expected to house or shelter persons. (11) "Qualifier" means an individual who: (a) holds a control position of a licensee under this chapter; (b) has satisfied the requirements to obtain a license under this chapter including possessing all necessary training and experience; (c) meets any additional license requirements the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (d) (i) is collectively and individually liable with the licensee for compliance with this chapter; and (ii) may be held fully responsible for a violation under this chapter, regardless of the liability of another person.
Utah Code § 58-60-509 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-509
§ 58-60-509. Confidentiality -- Exemptions.
Status: in_force

(1) A licensee under this part may not disclose any confidential communication with a client or patient without the express consent of: (a) the client or patient; (b) the parent or legal guardian of a minor client or patient; or (c) the authorized agent of a client or patient. (2) A licensee under this part is not subject to Subsection (1) if: (a) the licensee is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including: (i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult; (ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports; (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or (iv) reporting of a communicable disease as required under Section 26B-7-206; (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or (c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
Utah Code § 58-11a-305 — Utah Code / Title 58 / Chapter 58-11a / § 58-11a-305
§ 58-11a-305. Requirement to display license.
Status: in_force

Each licensee under this chapter shall prominently display the licensee's license at the location where the licensee engages in the practice for which that license is issued under this chapter.
Utah Code § 58-63-306 — Utah Code / Title 58 / Chapter 58-63 / § 58-63-306
§ 58-63-306. Replacement of qualifying agent.
Status: in_force

If the qualifying agent of an armored car company or a contract security company ceases to perform the agent's duties on a regular basis, the licensee shall: (1) notify the division in writing within 15 days; and (2) replace the qualifying agent within 60 days after the time required for notification to the division.
Utah Code § 58-60-401 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-401
§ 58-60-401. Title.
Status: in_force

This part is known as the "Clinical Mental Health Counselor Licensing Act."
Utah Code § 58-1-512 — Utah Code / Title 58 / Chapter 58-1 / § 58-1-512
§ 58-1-512. Stem cell disclosure.
Status: in_force

(1) As used in this section: (a) "Health care provider" means the same as that term is defined in Section 78B-3-403. (b) "Human cells, tissues, or cellular or tissue-based products" has the same meaning as in 21 C.F.R. Sec. 1271.3 as it exists on May 1, 2024. (c) (i) "Stem cell therapy" means a treatment involving the use of afterbirth placental perinatal stem cells or human cells, tissues, or cellular or tissue-based products. (ii) "Stem cell therapy" does not include treatment or research using human cells or tissues that were derived from a fetus or embryo after an abortion. (2) (a) A health care provider whose scope of practice includes the use of stem cell therapy may perform a stem cell therapy that is not approved by the United States Food and Drug Administration, if the health care provider provides the patient with the following written notice before performing the therapy:"THIS NOTICE MUST BE PROVIDED TO YOU UNDER UTAH LAW. This health care practitioner performs one or more stem cell therapies that have not yet been approved by the United States Food and Drug Administration. You are encouraged to consult with your primary care provider before undergoing a stem cell therapy." (b) A person may supply or provide human cells, tissues, or cellular or tissue-based products to a health care provider if: (i) the health care provider's scope of practice includes the use of stem cell therapy; and (ii) prior to supplying or providing the human cells, tissues, or cellular or tissue-based products to the health care provider, the health care provider provides to the person a written confirmation that the health care provider will provide the notice under Subsection (2)(a) to each of the health care provider's patients whose stem cell therapy will utilize the human cells, tissues, or cellular or tissue-based products. (3) (a) The written notice described in Subsection (2) shall be: (i) on paper that is at least eight and one-half inches by eleven inches; and (ii) written in no less than forty point type. (b) The health care provider shall prominently display the written notice in the entrance and in an area visible to patients in the health care provider's office. (4) (a) A health care provider who is required to provide written notice under Subsection (2) shall obtain a signed consent form before performing the therapy. (b) The consent form shall: (i) be signed by the patient, or, if the patient is legally not competent, the patient's representative; and (ii) state, in language the patient could reasonably be expected to understand: (A) the nature and character of the proposed treatment, including the treatment's United States Food and Drug Administration approval status; (B) the anticipated results of the proposed treatment; (C) the recognized possible alternative forms of treatment; and (D) the recognized serious possible risks, complications, and anticipated benefits involved in the treatment and in the recognized possible alternative forms of treatment, including nontreatment. (5) (a) A health care provider described in Subsection (2) shall include the notice described in Subsection (2) in any advertisement for the stem cell therapy. (b) In a print advertisement, the notice shall be clearly legible, in a font size no smaller than the largest font size used in the advertisement. (c) In any other advertisement, the notice shall be: (i) clearly legible in a font size no smaller than the largest font size used in the advertisement; or (ii) clearly spoken. (6) This section does not apply to: (a) a health care provider who has obtained approval for an investigational new drug or device from the United States Food and Drug Administration for the use of human cells, tissues, or cellular or tissue-based products; or (b) a health care provider who performs a stem cell therapy under an employment or other contract on behalf of an institution certified by any of the following: (i) the Foundation for the Accreditation of Cellular Therapy; (ii) the Blood and Marrow Transplant Clinical Trials Network; (iii) the Association for the Advancement of Blood and Biotherapies; or (iv) an entity with expertise regarding stem cell therapy as determined by the division. (7) A violation of this section is unprofessional conduct.
Utah Code § 58-9-303 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-303
§ 58-9-303. 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 it administers. (2) Notwithstanding Subsection (1), a person who has once held a license as a funeral service intern and has not qualified for licensure as a funeral service director may be issued a subsequent funeral service intern license for only one additional two-year term upon the specific approval of the division in collaboration with the board. (3) At the time of renewal, the funeral service director licensee shall show satisfactory evidence of completion of continuing education as required under Section 58-9-304. (4) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308. (5) (a) Except as otherwise provided in Subsections (5)(b) and (c), the division may take action against the license of a funeral service establishment that does not have a licensed funeral service director. (b) If a licensed funeral service director dies and leaves the funeral service establishment as part of the assets of the funeral service director's estate: (i) the personal representative of the funeral service director's estate may operate the funeral service establishment under the license, or renewals of the license, for not more than two years from the date of the funeral service director's death without meeting the qualifications of an applicant and without having a licensed funeral service director; but (ii) Subsection (5)(b)(i) does not allow an unlicensed person to perform a function that requires performance by a funeral service director licensed under this chapter. (c) If the funeral service director of a licensed funeral service establishment terminates employment with the establishment, the establishment has 90 days to hire a new licensed funeral service director before action may be taken against the license under Subsection (5)(a).
Utah Code § 58-85-102 — Utah Code / Title 58 / Chapter 58-85 / § 58-85-102
§ 58-85-102. Definitions.
Status: in_force

As used in this chapter: (1) "Eligible illness" means a condition of a patient that: (a) as determined by a physician, presents a substantial and severely debilitating or life-threatening risk to the patient; and (b) presents the patient, after the patient has explored conventional therapy options, with no treatment option that is satisfactory or comparable to treatment with an investigational drug or investigational device. (2) "Eligible patient" means an individual who has been diagnosed with a terminal illness or eligible illness by a physician. (3) "Insurer" means the same as that term is defined in Section 31A-1-301. (4) "Investigational device" means a device that: (a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; (b) has successfully completed the United States Food and Drug Administration Phase 1 testing for an investigational device described in 21 C.F.R. Part 812; and (c) if used to treat an eligible illness, is currently undergoing an investigation, as defined in 21 C.F.R. Sec. 812.3, that complies with all applicable requirements for the investigation in accordance with 21 C.F.R. Part 812. (5) "Investigational drug" means a drug that: (a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; (b) has successfully completed the United States Food and Drug Administration Phase 1 testing for an investigational new drug described in 21 C.F.R. Part 312; and (c) if used to treat an eligible illness, is currently undergoing a clinical investigation, as defined in 21 C.F.R. Sec. 312.3, that complies with all applicable requirements for the clinical investigation in accordance with 21 C.F.R. Part 312. (6) "Medicinal dosage form" means: (a) a tablet; (b) a capsule; (c) a concentrated oil; (d) a liquid formulation; (e) a transdermal preparation; or (f) a sublingual preparation. (7) "Physician" means an individual who is licensed under: (a) Title 58, Chapter 67, Utah Medical Practice Act; or (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. (8) "Terminal illness" means a condition of a patient that: (a) (i) as determined by a physician: (A) is likely to pose a greater risk to the patient than the risk posed to the patient by treatment with an investigational drug or investigational device; and (B) will inevitably lead to the patient's death; or (ii) as determined by a physician who is a board certified oncologist, is cancer; and (b) presents the patient, after the patient has explored conventional therapy options, with no treatment option that is satisfactory or comparable to treatment with an investigational drug or device.
Utah Code § 58-47b-102 — Utah Code / Title 58 / Chapter 58-47b / § 58-47b-102
§ 58-47b-102. Definitions.
Status: in_force

In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "Board" means the Board of Massage Therapy and Acupuncture created in Section 58-47b-201. (2) "Bodywork" means: (a) the systematic manual or mechanical manipulation of the soft tissue of the body; (b) the use of the hands or a mechanical or electrical apparatus in connection with an activity described in this Subsection (2); (c) range of motion movements or movements without adjustment or articulation of the spinal column as defined in Section 58-73-102; (d) the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths; (e) manual traction and stretching exercise; (f) activities and modality techniques similar or related to the activities and techniques described in this Subsection (2); or (g) providing, offering, or advertising a paid service using the term "massage" or a derivative of the word "massage" regardless of whether the service includes physical contact. (3) (a) "Breast" means the female mammary gland. (b) "Breast" does not include the muscles, connective tissue, or other soft tissue of the upper chest. (4) "Homeostasis" means the maintenance, the stabilization, or the return of the muscular system to equilibrium. (5) "Licensed individual" means an individual who is a massage assistant-in-training, a massage assistant, a massage apprentice, or a licensed massage therapist. (6) "Licensed massage therapist" means an individual licensed under this chapter to perform massage services without supervision. (7) "Limited massage therapy" means: (a) bodywork that is not intended to be billed to an insurance company; or (b) bodywork that is not supervised by: (i) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act; (ii) a physician licensed under Chapter 67, Utah Medical Practice Act; (iii) an occupational therapist licensed under Chapter 42a, Occupational Therapy Practice Act; (iv) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act; (v) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or (vi) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act. (8) "Massage apprentice" means an individual licensed under this chapter as a massage apprentice. (9) "Massage assistant" means an individual licensed under this chapter as a massage assistant. (10) "Massage assistant-in-training" means an individual licensed under this chapter as a massage assistant-in-training. (11) (a) "Massage establishment" means a place where massage services are performed by an individual. (b) "Massage establishment" includes a location an owner rents or leases to multiple sole practitioners to perform massage services. (c) "Massage establishment" does not include: (i) a location owned, rented, or leased by a single sole practitioner to perform massage services; (ii) an out-call location; or (iii) a massage school where massage services are only performed for an educational purpose. (12) "Massage services" means massage therapy or limited massage therapy. (13) "Massage therapy" means: (a) bodywork that is intended to be billed to an insurance company; (b) bodywork that is supervised by: (i) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act; (ii) a physician licensed under Chapter 67, Utah Medical Practice Act; (iii) an occupational therapist licensed under Chapter 42a, Occupational Therapy Practice Act; (iv) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act; (v) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or (vi) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act; (c) the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis; (d) counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain; (e) the use of rehabilitative procedures involving the soft tissue of the body; (f) correction of muscular distortion by treatment of the soft tissues of the body; or (g) work on an acute or subacute injury. (14) "Massage therapy supervisor" means a licensed massage therapist in good standing who has lawfully engaged in massage services for at least 3,000 hours. (15) "Out-call location" means a location: (a) where massage services are provided; and (b) that a sole practitioner or a massage establishment does not own, lease, or rent. (16) (a) "Owner" means an individual who controls the operation of a massage establishment. (b) "Owner" includes: (i) a shareholder, as defined in Section 16-10a-102, who owns, directly or indirectly through an entity controlled by the individual, any of the outstanding shares of an entity that owns, leases, or otherwise operates a massage establishment that: (A) is a corporation; or (B) is not publicly listed or traded; (ii) an individual who owns, directly or indirectly through an entity controlled by the individual, any part of an entity that is not a corporation and that owns, leases, or otherwise operates a massage establishment; (iii) an individual: (A) in whose name a certificate of occupancy has been issued for a massage establishment; or (B) that operates a massage establishment under a lease, operating agreement, franchise, or other arrangement; and (iv) a sublessee or other legal possessor. (17) "Registered massage establishment" means a massage establishment that is registered with the division to lawfully provide massage services at a fixed massage establishment location in this state. (18) "Soft tissue" means the muscles and related connective tissue. (19) "Sole practitioner" means a licensed massage therapist who: (a) does not employ or contract with a licensed individual to offer massage services; and (b) does not employ an individual who works at the sole practitioner's location on a regular basis. (20) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501, 58-47b-501, and 58-47b-501.1. (21) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501, 58-47b-502, and 58-47b-502.1 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 58-60-110 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-110
§ 58-60-110. Unprofessional conduct.
Status: in_force

(1) As used in this chapter, "unprofessional conduct" includes: (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 for which the individual is licensed, or the laws of the state; (b) failure to confine practice conduct to those acts or practices: (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and (ii) which are within applicable scope of practice laws of this chapter; (c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; (d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164; (e) a pattern of failing to provide to patients in a mental health therapy setting: (i) information regarding the license holder, including the name under which the license holder is licensed, the type of license held, the license number, and the license holder's contact information; (ii) if the individual's license requires the license holder to be supervised by another licensed provider, information regarding the supervisor, including the name under which the supervisor is licensed, the type of license held, the license number, and the supervisor's contact information; (iii) information regarding standards of appropriate care and ethical boundaries, including a plain language statement that in a professional relationship with a mental health practitioner, a dual relationship between a client and a provider, or one that is romantic, financially motivated, sexual, or otherwise risks impacting the provider's judgment or the quality of the services provided, is never appropriate and should be reported to the Division of Professional Licensing; (iv) unless the individual is under an order of temporary commitment or involuntary commitment, information regarding the client's rights, including that the client has the right to seek a second opinion, to ask for additional information, and to terminate treatment at any time; or (v) the contact information for the Division of Professional Licensing, including how to file a complaint; and (f) a pattern of failing to provide to patients, upon request, in a mental health setting: (i) information about the license holder's qualifications and experience, including a listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the license holder, the name of the granting school or institution, and the continuing education that the licensee is required to complete in order to retain the license; (ii) information regarding standards of appropriate care and ethical boundaries, including a copy of the statutory and administrative rule definitions of unprofessional conduct, or a copy of the generally recognized professional or ethical standards; (iii) for any course of treatment, the method of treatment recommended, the reasoning supporting the method of treatment, the techniques used, the expected duration of the treatment, if known, and the fee structure; or (iv) information regarding the individuals who have or have had access to confidential data related to the care of the patient, including evaluations, assessments, diagnoses, prevention or treatment plans, reports, progress notes, discharge summaries, treatment or documentation of treatment, including video recording, live stream, or in-person observations of psychotherapy or other treatment methods. (2) "Unprofessional conduct" under this chapter may be further defined by division rule. (3) Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).
Utah Code § 58-9-503 — Utah Code / Title 58 / Chapter 58-9 / § 58-9-503
§ 58-9-503. Penalty for unlawful conduct.
Status: in_force

(1) A person who violates the unlawful conduct provisions defined in Subsections 58-9-501(1) through (4) is guilty of a class A misdemeanor. (2) A person who violates the unlawful conduct provision defined in Subsection 58-9-501(5) may be prosecuted under Title 76, Chapter 6, Part 4, Theft.
Utah Code § 58-60-103 — Utah Code / Title 58 / Chapter 58-60 / § 58-60-103
§ 58-60-103. Licensure required.
Status: in_force

(1) (a) An individual shall be licensed under: (i) this chapter; (ii) Chapter 67, Utah Medical Practice Act; (iii) Chapter 68, Utah Osteopathic Medical Practice Act; (iv) Chapter 31b, Nurse Practice Act; (v) Chapter 61, Psychologist Licensing Act; (vi) Chapter 70a, Utah Physician Assistant Act; or (vii) exempted from licensure under this chapter. (b) Only an individual described in Subsection (1)(a) may: (i) engage in, or represent that the individual will engage in, the practice of mental health therapy, clinical social work, certified social work, marriage and family therapy, or clinical mental health counseling; or (ii) practice as, or represent that the individual is, a mental health therapist, clinical social worker, certified social worker, marriage and family therapist, clinical mental health counselor, psychiatrist, psychologist, registered psychiatric mental health nurse specialist, certified psychology resident, associate marriage and family therapist, or associate clinical mental health counselor. (2) An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to: (a) engage in, or represent that the individual is engaged in, practice as a social service worker; or (b) represent that the individual is, or use the title of, a social service worker. (3) An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to: (a) engage in, or represent that the individual is engaged in, practice as a substance use disorder counselor; or (b) represent that the individual is, or use the title of, a substance use disorder counselor. (4) Notwithstanding the provisions of Subsection 58-1-307(1)(c), an individual shall be certified under this chapter, or otherwise exempted from licensure under this chapter, in order to engage in an internship or residency program of supervised clinical training necessary to meet the requirements for licensure as: (a) a marriage and family therapist under Part 3, Marriage and Family Therapist Licensing Act; or (b) a clinical mental health counselor under Part 4, Clinical Mental Health Counselor Licensing Act.