reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 6 - Practice Standards › Section 603 - Seal -- Authorized use.

58-3a-603.
Seal -- Authorized use.
(1) An architect may only affix the architect's seal to a plan and a specification when the plan and the specification:
(a) was personally prepared by the architect;
(b) was prepared by an employee, subordinate, associate, or drafter under the supervision of a licensee, provided the licensee or a principal affixing his seal assumes responsibility;
(c) was prepared by a licensed architect, professional engineer, or professional structural engineer in this state or any other state provided:
(i) the licensee in this state affixing the seal performs a thorough review of all work for compliance with all applicable laws and rules and the standards of the profession; and
(ii) makes any necessary corrections before submitting the final plan and specification:
(A) to a building official for the purpose of obtaining a building permit; or
(B) to a client who has contracted with an architect for the design of a building, when the architect represents, or could reasonably expect the client to consider, the plans and a specification to be complete and final;
(d) was prepared in part by a licensed architect, professional engineer, or professional structural engineer in this state or any other state provided:
(i) the licensee in this state clearly identifies that portion of the plans and specification for which the licensee is responsible;
(ii) the licensee in this state affixing the seal performs a thorough review of that portion of the plan and specification for which the licensee is responsible for compliance with the standards of the profession; and
(iii) makes any necessary corrections before submitting the final plan and specification for which the licensee is responsible:
(A) to a building official for the purpose of obtaining a building permit; or
(B) to a client who has contracted with an architect for the design of a building, when the architect represents, or could reasonably expect the client to consider, the plans and specifications to be complete and final;
(e) was prepared by a person exempt from licensure as an architect, professional engineer, or professional structural engineer provided that:
(i) the licensee in this state affixing the seal performs a thorough review for compliance with all applicable laws and rules and the standards of the profession; and
(ii) makes any necessary corrections before submitting the final plan and specification:
(A) to a building official for the purpose of obtaining a building permit; or
(B) to a client who has contracted with an architect for the design of a building, when the architect represents, or could reasonably expect the client to consider, the plan and specification to be complete and final; or
(f) meet any additional requirements established by rule by the division in collaboration with the board.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 102 - Definitions.

Effective 5/3/2023
58-4a-102.
Definitions.
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 under:
(a)Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b)Title 58, Chapter 17b, Pharmacy Practice Act;
(c)Title 58, Chapter 28, Veterinary Practice Act;
(d)Title 58, Chapter 31b, Nurse Practice Act;
(e)Title 58, Chapter 67, Utah Medical Practice Act;
(f)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(g)Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
(h)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.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 103 - Program established.

Effective 5/12/2020
58-4a-103.
Program established.
(1) The division, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall establish the Utah Professionals Health Program to provide an alternative to public disciplinary action for licensees who have substance use disorders.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules governing the criteria for:
(a) entry into and participation of licensees in the program;
(b) successful completion of the program;
(c) expulsion from the program; and
(d) disqualifying a licensee from participation in the program.
(3) The division shall promote the program by:
(a) engaging in wellness education and outreach to licensees, students, and the community in order to make them aware of the existence and purpose of the program;
(b) partnering with health care organizations, universities, trade associations, and other stakeholder groups to promote professional awareness and wellness; and
(c) providing guidance to employers, colleagues, and family members on initiating conversations with licensees about substance use.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 104 - Committees.

Effective 5/12/2020
58-4a-104.
Committees.
(1) In accordance with Section 58-1-203, the division shall establish an executive advisory committee consisting of nine members as follows:
(a) the executive director of the Department of Commerce, or the designee of the executive director of the Department of Commerce, who shall serve as chair;
(b) the director of the Division of Substance Abuse and Mental Health or the director's designee; and
(c) the following members appointed by the director of the division:
(i) one member of the public; and
(ii) six licensees.
(2) The executive advisory committee shall:
(a) advise the division and make recommendations to the division on policy;
(b) serve without compensation, travel costs, or per diem for their services; and
(c) perform other duties as directed by the division.
(3) Members of the executive advisory committee are immune from civil liability for any actions or judgments made in the execution of duties performed in service of the executive committee.
(4) In accordance with Section 58-1-203, the director shall establish and appoint members of a clinical advisory committee consisting of community members who have expert knowledge in the diagnosis and treatment of substance use disorders.
(5) The clinical advisory committee shall:
(a) advise the division and make recommendations to the division on actions regarding specific program contracts;
(b) perform duties as assigned by the division; and
(c) serve without compensation, travel costs, or per diem for their services.
(6) The committees described in Subsections (1) and (4) and the division may seek input from other licensing boards.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 105 - Program contract.

Effective 5/12/2020
58-4a-105.
Program contract.
(1) A licensee may enter into a program contract:
(a) any time before the conclusion of a hearing under Section 63G-4-206; and
(b) if the licensee who enters into the program contract has a substance use disorder.
(2) A licensee may enter into a program contract to replace a diversion agreement the licensee previously entered into with the department.
(3) A licensee who does not have a substance use disorder may not enter into a program contract with the division.
(4) The committees described in Section 58-4a-104 may assist the division in evaluating or verifying documentation showing completion of or compliance with a program contract.
(5) A decision by the program not to permit a licensee to participate in the program is not subject to appeal, agency review, or judicial review.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 106 - Effect on other disciplinary proceedings.

Effective 5/12/2020
58-4a-106.
Effect on other disciplinary proceedings.
(1) Findings of fact stipulated to in a program contract are binding admissions on the licensee in any proceeding to terminate the program contract or any other division disciplinary administrative proceeding.
(2) If the program contract is entered into after an adjudicative proceeding has commenced, the adjudicative proceeding shall be stayed pending successful completion of the program contract.
(3) Acceptance of a licensee into the program does not preclude the division from investigating or taking disciplinary action against the licensee for other misconduct that:
(a) is not included in the program contract; or
(b) was committed at any time before or after the licensee entered into the program contract.
(4) The period described in Subsection 58-1-401(6) is tolled during any period during which a licensee applies to participate in the program or is operating under a program contract.
(5) In any proceedings to determine disciplinary sanctions under Title 58, Chapter 1, Part 4, License Denial, the division may consider:
(a) successful completion of the program;
(b) failure to complete the program; or
(c) the contents of the program contract.
(6) A licensee terminated from the program may have disciplinary action taken against the licensee for misconduct committed before, during, or after the licensee's participation in the program.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 107 - Violation of a program contract -- Adjudicative proceedings -- Penalties.

Effective 7/1/2020
58-4a-107.
Violation of a program contract -- Adjudicative proceedings -- Penalties.
(1) The division shall serve an order to show cause on the licensee if the licensee:
(a) violates any term or condition of the program contract or diversion agreement;
(b) makes an intentional, material misrepresentation of fact in the program contract or diversion agreement; or
(c) violates any rule or law governing the licensee's profession.
(2) The order to show cause described in Subsection (1) shall:
(a) describe the alleged misconduct;
(b) set a time and place for a hearing before an administrative law judge to determine whether the licensee's program contract should be terminated; and
(c) contain all of the information required by a notice of agency action in Subsection 63G-4-201(2).
(3) Proceedings to terminate a program contract shall comply with the rules for a formal proceeding described in Title 63G, Chapter 4, Administrative Procedures Act, except the notice of agency action shall be in the form of the order to show cause described in Subsection (2).
(4) In accordance with Subsection 63G-4-205(1), the division shall make rules for discovery adequate to permit all parties to obtain all relevant information necessary to support their claims or defenses.
(5) During a proceeding to terminate a program contract, the licensee, the licensee's legal representative, and the division shall have access to information contained in the division's program file as permitted by law.
(6) The director shall terminate the program contract and place the licensee on probation for a period of five years, with probationary terms matching the terms of the program contract, if, during the administrative proceedings described in Subsection (3), the administrative law judge finds that the licensee has:
(a) violated the program contract;
(b) made an intentional material misrepresentation of fact in the program contract; or
(c) violated a law or rule governing the licensee's profession.
(7) If, during the proceedings described in Subsection (3), the administrative law judge finds that the licensee has engaged in especially egregious misconduct, the director may revoke the licensee's license.
(8) A licensee who is terminated from the program may have disciplinary action taken under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before, during, or after the licensee's participation in the program.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 108 - Emergency order.

Effective 5/12/2020
58-4a-108.
Emergency order.
Nothing in this chapter precludes the division from issuing an emergency order pursuant to Section 63G-4-502 regarding a licensee's participation in the program.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 110 - Fees -- Fines.

Effective 5/12/2020
58-4a-110.
Fees -- Fines.
(1) The division, in accordance with Section 63J-1-504, shall establish fees in an amount to pay the costs to the division of operating the program.
(2) The division may, for a licensee who has entered into a program contract, assess a fine for a violation of a program contract, in accordance with a fine schedule the division establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 4a - Utah Professionals Health Program › Section 111 - Reporting.

Effective 5/12/2020
58-4a-111.
Reporting.
(1) Program contracts shall allow the division to report regularly to the licensee's Utah professional licensing board regarding the licensee's progress in the program to the extent that reporting does not violate HIPAA.
(2) The executive advisory committee and the clinical advisory committee described in Section 58-4a-104 may assist Utah professional licensing boards and division staff in monitoring the compliance of a licensee who has entered into a program contract.
Enacted by Chapter 107, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 2 - Podiatric Physician Board › Section 201 - Podiatric Physician Board.

58-5a-201.
Podiatric Physician Board.
(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.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 301 - License required -- License classifications.

58-5a-301.
License required -- License classifications.
(1) The division shall issue to persons qualified under this chapter a license in the classification of podiatric physician.
(2) A person may not practice podiatry unless licensed or exempted from licensure under this chapter.
Amended by Chapter 232, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 302 - Qualifications to practice podiatry.

Effective 5/12/2020
58-5a-302.
Qualifications to practice podiatry.
An applicant for licensure to practice podiatry shall:
(1) submit an application in a form as prescribed by the division;
(2) pay a fee as determined by the department under Section 63J-1-504;
(3) provide satisfactory documentation of having successfully completed a program of professional education preparing an individual as a podiatric physician, as evidenced by having received an earned degree of doctor of podiatric medicine from a podiatry school or college accredited by the Council on Podiatric Medical Education;
(4) if licensed on or after July 1, 2015, satisfy the division and board that the applicant:
(a) has successfully completed 24 months of resident training in a program approved by the Council on Podiatric Medical Education; or
(b)
(i) has successfully completed 12 months of resident training in a program approved by the Council on Podiatric Medical Education after receiving a degree of doctor of podiatric medicine as required under Subsection (3);
(ii) has been accepted in, and is successfully participating in, progressive resident training in a Council on Podiatric Medical Education approved program within Utah, in the applicant's second or third year of postgraduate training; and
(iii) has agreed to surrender to the division the applicant's license as a podiatric physician without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act, and has agreed the applicant's license as a podiatric physician will be automatically revoked by the division if the applicant fails to continue in good standing in a Council on Podiatric Medical Education approved progressive resident training program within the state; and
(5) pass examinations required by rule.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 303 - Terms of license -- Expiration -- Renewal.

58-5a-303.
Terms of license -- Expiration -- Renewal.
(1) The division shall issue all licenses under this chapter in accordance with the two-year renewal cycle established by rule. A renewal period for a license may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show satisfactory evidence of renewal requirements established by rule, including completion of continuing education as required under this chapter.
(3) A license issued under this chapter expires on the expiration date shown on the license unless renewed prior to that date by the licensee in accordance with Section 58-1-308.
Amended by Chapter 12, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 304 - Continuing education.

58-5a-304.
Continuing education.
(1) The division may require each person holding a license under this chapter to complete in each two-year period not more than 40 hours of qualified continuing professional education in accordance with standards defined by rule as a requirement prior to license renewal under this chapter.
(2) In establishing continuing education requirements under this section the division shall in collaboration with the board recognize the existing educational methods, procedures, devices, and programs in use among the various podiatry specialty organizations.
(3) The division shall give licensees credit toward continuing education requirements for participation in and completion of continuing education programs of:
(a) the American Podiatric Medical Association;
(b) the Utah Podiatric Medical Association;
(c) all colleges of podiatric medicine accredited by the Council on Education of the American Podiatric Medical Association; and
(d) similar programs of other organizations that are approved by the division in collaboration with the board.
(4) If a renewal period is shortened or extended to effect a change of the renewal cycle, the continuing education hours required for that renewal period shall be increased or decreased accordingly, as a pro rata amount of the requirements of a two-year period.
Amended by Chapter 232, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 306 - Exemptions from licensure.

Effective 5/12/2015
58-5a-306.
Exemptions from licensure.
The following persons may practice podiatry, subject to stated circumstances and limitations, without being licensed under this chapter:
(1) a podiatric physician serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or other federal agencies while engaged in activities regulated under this chapter as a part of his employment with that federal agency if the individual holds a valid license to practice podiatry issued by any other state or jurisdiction recognized by the division;
(2) a student engaged in activities that constitute the practice of podiatry while in training in a recognized school approved by the division to the extent the activities are under the supervision of qualified faculty or staff and the activities are a defined part of the training program;
(3) a person engaged in an internship, residency, preceptorship, postceptorship, fellowship, apprenticeship, or on-the-job training program approved by the division while under the supervision of qualified persons;
(4) a person residing in another state and licensed to practice podiatry there, who is called in for a consultation by a person licensed in this state and services provided are limited to that consultation or who is invited by a recognized school, association, society, or other body approved by the division to conduct a lecture, clinic, or demonstration of the practice of podiatry so long as that individual does not establish a place of business or regularly engage in the practice of podiatry in the state;
(5) a person licensed under the laws of this state to practice or engage in any other occupation or profession while engaged in the lawful, professional, and competent practice of that occupation or profession;
(6) persons who fit or sell corrective shoes, arch supports, or similar devices, to the extent their acts and practices involve only the fitting and selling of these items; or
(7) a medical assistant working under the indirect supervision of a licensed podiatric physician, if the medical assistant:
(a) engages only in tasks appropriately delegated by the licensed podiatric physician in accordance with the standards and ethics of the practice of podiatry, and consistent with this chapter;
(b) does not perform surgical procedures;
(c) does not prescribe prescription medications;
(d) does not administer anesthesia, except for a local anesthetic; and
(e) does not engage in other practices or procedures defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in collaboration with the board.
Amended by Chapter 230, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 3 - Licensing › Section 307 - Consumer access to provider charges.

58-5a-307.
Consumer access to provider charges.
Beginning January 1, 2011, a podiatric physician licensed under this chapter shall, when requested by a consumer:
(1) make a list of professional charges available for the consumer which includes the podiatric physician's 25 most frequently performed:
(a) clinical procedures or clinical 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.
Enacted by Chapter 68, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 4 - Denial of Licensure › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-5a-401.
Grounds for denial of license -- Disciplinary proceedings.
(1) The division shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, or place on probation the license of a licensee who:
(a) does not meet the qualifications for licensure or renewal of licensure under this chapter; or
(b) is guilty of a crime which, when considered with the functions and duties of a licensee under this chapter, demonstrates a threat or potential threat to the public health, safety, or welfare.
(2) The division may refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, or place on probation the license of a licensee who:
(a) is guilty of unlawful conduct related to practice under this chapter or unprofessional conduct as defined in this chapter, Section 58-1-501, or rules made under either;
(b) has obtained or attempted to obtain a license under this title by fraud or willful misrepresentation; or
(c) has had a license or certification to practice in any profession or occupation subjected to disciplinary action which demonstrates a threat or potential threat to the public health, safety, or welfare, when considered with the activities regulated under this chapter.
Amended by Chapter 12, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 5a - Podiatric Physician Licensing Act › Part 5 - Unprofessional and Unlawful Conduct -- Penalties › Section 501 - Unlawful conduct -- Penalties.

Effective 5/12/2015
58-5a-501.
Unlawful conduct -- Penalties.
Any person who engages in unlawful conduct as defined in this chapter is guilty of a third degree felony, except that a violation of Subsection 58-5a-102(5) is a class A misdemeanor.
Amended by Chapter 230, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 2 - Board › Section 201 - Board.

58-9-201.
Board.
(1) There is created the Board of Funeral Service consisting of:
(a) four funeral service directors who own, have an ownership interest in, or have management responsibilities for a funeral service establishment;
(b) one preneed funeral arrangement sales agent, who does not have an ownership interest in a funeral service establishment; and
(c) two members from the general public who have no association with the funeral service profession.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
(b) The board shall designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised the division in its investigation may be disqualified from participating with the board when the board serves as a presiding officer of an administrative proceeding concerning the complaint.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-9-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of funeral service, except as specifically provided in Sections 58-1-307 and 58-9-305.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of:
(a) funeral service director;
(b) funeral service intern;
(c) funeral service establishment; or
(d) preneed funeral arrangement sales agent.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-9-303.
Term of license -- Expiration -- Renewal.
(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).
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 304 - Continuing education.

58-9-304.
Continuing education.
(1) As a condition precedent for license renewal, each funeral service director shall, during each two-year licensure cycle or other cycle defined by rule, complete 20 hours of qualified continuing professional education in accordance with standards defined by rule.
(2) If a renewal cycle is extended or shortened under Section 58-9-303, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

58-9-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, a person may engage in the following acts included within the definition of the practice of funeral service, subject to the stated circumstances and limitations, without being licensed under this chapter:
(1) transportation of a dead human body in accordance with other applicable state and federal laws;
(2) ambulance or other emergency transportation of a dead human body;
(3) the sale of any of the following that is delivered to the buyer or the buyer's designee within 90 days after the day of the sale:
(a) funeral merchandise;
(b) headstones; or
(c) other memorial merchandise;
(4) the performance of funeral, graveside, or memorial services by:
(a) a member of the clergy;
(b) a member of the decedent's family; or
(c) any other recognized individual;
(5) assisting a Utah licensed funeral service director regarding disasters or special emergencies by individuals licensed in other states as funeral service directors or embalmers;
(6) activities of an unlicensed individual employed by a funeral service establishment involving arrangement for a funeral service or the sale of funeral merchandise if the binding contract is reviewed, approved, and signed in behalf of the funeral service establishment by a licensed funeral service director; and
(7) nonprofessional tasks or activities which:
(a) do not require independent professional judgment; and
(b) are required of persons employed by a funeral service establishment under the supervision of a funeral service director.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 306 - License by endorsement.

Effective 5/3/2023
58-9-306.
License by endorsement.
The division may issue a license by endorsement under this chapter to a person who:
(1) provides documentation that the funeral service director's current licensure is active, in good standing, and free from any disciplinary action;
(2) submits an application on a form provided by the division;
(3) pays a fee determined by the department;
(4) has not been convicted of:
(a) a first or second degree felony; or
(b) crime that when considered with the duties and responsibilities of the license for which the person is applying is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;
(5) has completed five years of lawful and active practice as a licensed funeral service director and embalmer within the 10 years immediately preceding the application for licensure by endorsement;
(6) has passed a national examination determined by the division; and
(7) has demonstrated competency of the laws and the rules of the state as determined by the division.
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 3 - Licensing › Section 307 - Supervision of funeral service intern.

58-9-307.
Supervision of funeral service intern.
(1) A person seeking licensure as a funeral service intern shall submit as a part of the application for a license:
(a) the name of the licensed funeral service director who has agreed to supervise all duties performed by the applicant as an intern; and
(b) the name of the licensed funeral service establishment at which the training and supervision shall take place.
(2) A licensed funeral service director may supervise only one licensed funeral service intern at one time.
(3)
(a) Within 30 days after the day on which the supervisor-supervisee relationship between a licensed funeral service director and a licensed funeral service intern terminates, the funeral service director shall furnish to the division a report of the performance of the funeral service intern.
(b) The report shall be in form and content as prescribed by the division.
(4)
(a) A licensed funeral service intern shall notify the division of any change in the intern's supervising funeral service director.
(b) The supervising funeral service director shall submit to the division, in accordance with Subsection (3), a report of the funeral service intern's performance.
(5) The licensed funeral service director is responsible for supervision of all of the duties and functions performed by the funeral service intern throughout the entire internship period.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-9-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

58-9-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) doing any of the following to prepare a dead human body for disposition unless licensed as a funeral service director or a funeral service intern:
(a) embalming;
(b) calcinating;
(c) pulverizing;
(d) cremating; or
(e) using any method that invades a dead human body;
(2) using the title "funeral service director," "funeral service intern," "preneed funeral service sales agent," or "funeral service establishment" unless licensed under this chapter;
(3) engaging in, providing, or agreeing to provide funeral arrangements to be provided under a preneed funeral arrangement without first obtaining a license as a funeral service establishment under this chapter;
(4) engaging in selling, representing for sale, or in any other way offering to sell any contract under which preneed funeral arrangements are to be provided without first obtaining a license under this chapter as:
(a) a preneed funeral arrangement sales agent; or
(b) a funeral service director; and
(5) failing to comply with Section 58-9-702.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

58-9-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) the failure of a funeral service director to accurately document, report, and supervise the activities of a funeral service intern;
(b) knowingly soliciting the sale of any funeral service or funeral merchandise for a person whose death occurred or was imminent prior to the solicitation;
(c) paying or offering to pay a commission or anything of value to secure deceased human remains for a funeral service or disposition to:
(i) medical personnel;
(ii) a nursing home;
(iii) a nursing home employee;
(iv) a hospice;
(v) a hospice employee;
(vi) clergy;
(vii) a government official; or
(viii) any other third party; and
(d) failure to provide the following current information to the division:
(i) a licensee's business address;
(ii) a licensee's primary residence;
(iii) a funeral service establishment's funeral service director; or
(iv) a supervising funeral service director's funeral service intern's name.
(2) "Unprofessional conduct" does not include:
(a) general advertising directed to the public at large; or
(b) responding to a notification of death from:
(i) medical personnel;
(ii) a nursing home;
(iii) a nursing home employee;
(iv) a hospice;
(v) a hospice employee;
(vi) clergy;
(vii) a government official; or
(viii) any authorized representative of the family of the deceased person.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

58-9-503.
Penalty for unlawful conduct.
(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.
Amended by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 504 - Authority to promulgate rules.

58-9-504.
Authority to promulgate rules.
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.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 505 - Disclosure requirements.

58-9-505.
Disclosure requirements.
A licensee under this chapter shall disclose information in accordance with regulations of the Federal Trade Commission and rules adopted by the division pursuant to this chapter.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 506 - Inspection -- Right to access.

58-9-506.
Inspection -- Right to access.
A licensed funeral service establishment is subject to inspection during normal business hours to determine compliance with the laws of Utah by:
(1) any authorized representative of the division; or
(2) any authorized representative of a local or state health department.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 601 - Advance directions.

Effective 5/8/2018
58-9-601.
Advance directions.
(1) A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person's disposition, including:
(a) designating a funeral service establishment;
(b) providing directions for burial arrangements;
(c) providing directions for cremation arrangements; or
(d) providing directions for alkaline hydrolysis arrangements.
(2) A funeral service director shall carry out the written directions of the decedent prepared under this section to the extent that:
(a) the directions are lawful; and
(b) the decedent has provided resources to carry out the directions.
(3) Directions for disposition contained in a will shall be carried out pursuant to Subsection (2) regardless of:
(a) the validity of other aspects of the will; or
(b) the fact that the will may not be offered or admitted to probate until a later date.
(4) A person may change or cancel written directions prepared under this section at any time prior to the person's death by providing written notice to all applicable persons, including:
(a) if the written directions designate a funeral service establishment or funeral service director, the funeral service establishment or funeral service director designated in the written directions; and
(b) if the written directions are contained in a will, the personal representative as defined in Section 75-1-201.
Amended by Chapter 326, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 603 - Loss of right of disposition.

58-9-603.
Loss of right of disposition.
(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.
Repealed and Re-enacted by Chapter 144, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 604 - Control by funeral service director.

58-9-604.
Control by funeral service director.
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.
Enacted by Chapter 49, 2003 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 9 - Funeral Services Licensing Act › Part 6 - Control of Disposition › Section 606 - Right to rely -- Immunity.

Effective 5/8/2018
58-9-606.
Right to rely -- Immunity.
(1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, or other authorization for a decedent's disposition warrants the truthfulness of the facts set forth in the document, including the identity of the decedent and the person's authority to order the disposition.
(2) A funeral service establishment has the right to rely on a contract or authorization executed under Subsection (1) and may carry out the instructions of the person whom its funeral service director reasonably believes holds the right of disposition.
(3) A funeral service director incurs no civil or criminal liability for failure to contact or independently investigate the existence of any next-of-kin or relative of the decedent.
(4) If there are at least two persons in the nearest class of the next-of-kin who are equal in priority and a funeral service director has no knowledge of an objection by other members of the class, the funeral service director may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements.
(5) A funeral service establishment or funeral service director who relies in good faith on the instructions of a person claiming the right of disposition under this part is immune from civil and criminal liability and disciplinary action in carrying out the disposition of a decedent's remains in accordance with that person's instructions.
Amended by Chapter 326, 2018 General Session