reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 106 - Section 6 -- Active duty military personnel or their spouses.

Effective 5/4/2022
58-42b-106.
Section 6 -- Active duty military personnel or their spouses.
(A) Active Duty Military personnel, or their spouses, 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 or through the process described in Section 58-42b-105.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 109 - Section 9 -- Data system.

Effective 5/4/2022
58-42b-109.
Section 9 -- Data system.
(A) 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) A Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable (utilizing a unique identifier) 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 such denial;
(6) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission; and
(7) Current Significant Investigative Information.
(C) Current Significant Investigative Information and other Investigative Information pertaining to a Licensee in any Member State will 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 will 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.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 112 - Section 12 -- Date of implementation of the Interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment.

Effective 5/4/2022
58-42b-112.
Section 12 -- Date of implementation of the Interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment.
(A) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth 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 Occupational Therapy 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 Occupational Therapy 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.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 113 - Section 13 -- Construction and severability.

Effective 5/4/2022
58-42b-113.
Section 13 -- Construction and severability.
This 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.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 114 - Section 14 -- Binding effect of compact and other laws.

Effective 5/4/2022
58-42b-114.
Section 14 -- Binding effect of compact and other laws.
(A) A Licensee providing Occupational Therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State.
(B) Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.
(C) Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.
(D) Any lawful actions of the Commission, including all Rules and bylaws promulgated by the Commission, are binding upon the Member States.
(E) All agreements between the Commission and the Member States are binding in accordance with their terms.
(F) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 2 - Rulemaking › Section 201 - Rulemaking authority.

Effective 5/4/2022
58-42b-201.
Rulemaking authority.
The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 2 - Board › Section 201 - Board.

58-44a-201.
Board.
(1) There is created the Certified Nurse Midwife Board consisting of four certified nurse midwives and one member representing 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, and the board shall also:
(a) designate one of its members on a permanent or rotating basis to assist the division in reviewing complaints concerning the unlawful or unprofessional practice of a certified nurse midwife; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classification.

58-44a-301.
Licensure required -- License classification.
(1) A license is required to engage in practice as a certified nurse midwife, except as provided in Section 58-1-307.
(2) The division shall issue to individuals qualified under the provisions of this chapter a license in the classification certified nurse midwife.
(3) An individual holding a certified nurse midwife license as of July 1, 1998, who cannot document the successful completion of advanced course work approved by the division in collaboration with the board in patient assessment, diagnosis and treatment, and pharmacotherapeutics, may not prescribe and shall be issued a "CNM without prescriptive practice" license.
(4) The division shall grant a certified nurse midwife license to any licensed certified nurse midwife currently holding prescriptive authority under any predecessor act on July 1, 1998.
Amended by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/4/2022
58-44a-302.
Qualifications for licensure.
(1) An applicant for licensure as a nurse midwife shall:
(a) submit an application in a form as prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) at the time of application for licensure hold a license in good standing as a registered nurse in Utah, or be at that time qualified for a license as a registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
(d) have completed:
(i) a certified nurse midwifery education program accredited by the Accreditation Commission for Midwifery Education and approved by the division; or
(ii) a nurse midwifery education program located outside of the United States which is approved by the division and is equivalent to a program accredited by the Accreditation Commission for Midwifery Education, as demonstrated by a graduate's being accepted to sit for the national certifying examination administered by the Accreditation Commission for Midwifery Education or its designee;
(e) have passed examinations established by the division rule in collaboration with the board within two years after completion of the approved education program required under Subsection (1)(d); and
(f) complete and pass a criminal background check in accordance with Section 58-44a-302.1.
(2) For purposes of Subsection (1)(d), as of January 1, 2010, an applicant shall have completed a graduate degree, including post-master's certificate, in nurse midwifery from the accredited education program or the accredited education program's equivalent..
Amended by Chapter 415, 2022 General Session
Amended by Chapter 438, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-44a-303.
Term of license -- Expiration -- Renewal.
(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) At the time of renewal, the licensee shall:
(a) hold a valid certification from the American College of Nurse Midwives Certification Council, Inc.; and
(b) have met continuing competency requirements defined by the division rule in collaboration with the board.
Amended by Chapter 268, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 3 - Licensing › Section 304 - Continuing education.

58-44a-304.
Continuing education.
The division in collaboration with the board may establish by rule continuing education requirements for renewal of licensure under this chapter, upon a finding by the division that continuing education requirements are necessary to protect the public health, safety, and welfare.
Enacted by Chapter 187, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 3 - Licensing › Section 305 - Intern license.

58-44a-305.
Intern license.
(1) The division may issue an intern license to an individual who meets all qualifications for licensure except the passing of the qualifying examination if the applicant:
(a) graduated from an approved education program within the 12 months immediately preceding the application for licensure;
(b) has never before taken the qualifying examination;
(c) is registered to take the next qualifying examination; and
(d) presents a plan acceptable to the division and board under which the applicant will practice under any intern license issued only under the direct supervision of a nurse midwife or physician.
(2) An intern license issued under this section expires on:
(a) the date of the next qualifying examination immediately following issuance of the intern license if the intern license holder does not sit for that examination;
(b) the date the examination results are available if the intern license holder sits for the next succeeding qualifying examination and fails the examination; or
(c) the date on which a regular license is issued if the intern license holder passes the examination and is otherwise qualified for licensure.
Amended by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-44a-401.
Grounds for denial of license -- Disciplinary proceedings.
Division grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders are in accordance with Section 58-1-401.
Enacted by Chapter 187, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 4 - License Denial and Discipline › Section 402 - Authority to assess penalty.

Effective 5/4/2022
58-44a-402.
Authority to assess penalty.
(1) After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Title 58, Chapter 1, Division of Professional Licensing Act, the division may impose an administrative penalty of up to $10,000 for unprofessional or unlawful conduct under this chapter in accordance with a fine schedule established by rule.
(2) The assessment of a penalty under this section does not affect any other action the division is authorized to take regarding a license issued under this chapter.
(3) The division may impose an administrative penalty of up to $500 for any violation of Subsection 58-44a-501(2), (3), or (4), consistent with Section 58-44a-503.
(4)
(a) 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.
(b) 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.
(c) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

58-44a-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) engaging in practice as a certified nurse midwife when not licensed or exempted from licensure under this chapter, or engaging in practice as a registered nurse when not licensed or exempted from licensure under this chapter or Title 58, Chapter 31b, Nurse Practice Act;
(2) representing or holding oneself out as a certified nurse midwife, nurse midwife, or identifying oneself by the initials C.N.M. or N.M. when not licensed under this chapter;
(3) representing or holding out oneself as a registered nurse or identifying oneself by the initials R.N. when not licensed under this chapter or Title 58, Chapter 31b, Nurse Practice Act; and
(4) using any other title, initials, or any other means indicating that one is licensed under this chapter.
Repealed and Re-enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/3/2023
58-44a-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) disregard for a patient's dignity or right to privacy as to the patient's person, condition, possessions, or medical record;
(2) engaging in an act, practice, or omission which when considered with the duties and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or welfare of a patient or the public;
(3) failure to confine one's practice as a certified nurse midwife to those acts or practices permitted by law;
(4) failure to file or record any medical report as required by law, impeding or obstructing the filing or recording of such a report, or inducing another to fail to file or record such a report;
(5) breach of a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a patient, unless ordered by the court;
(6) failure to pay a penalty imposed by the division;
(7) prescribing a schedule II-III controlled substance without a consulting physician;
(8) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;
(9)
(a) failure to have and maintain a safe mechanism for obtaining medical consultation, collaboration, and referral with a consulting physician, including failure to identify one or more consulting physicians in the written documents required by Subsection 58-44a-102(9)(b)(iii); or
(b) representing that the certified nurse midwife is in compliance with Subsection (9)(a) when the certified nurse midwife is not in compliance with Subsection (9)(a); or
(10) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(b) conduct described in Subsections (1) through (9) or Subsection 58-1-501(1).
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

58-44a-503.
Penalty for unlawful conduct.
(1) Any individual who violates the unlawful conduct provisions of Subsection 58-44a-501(1) is guilty of a third degree felony.
(2) Any individual who violates the unlawful conduct provisions of Subsection 58-44a-501(2), (3), or (4) is guilty of a class A misdemeanor.
(3) Subject to Subsection (4), the division may assess administrative penalties in accordance with the provisions of Section 58-44a-402 for acts of unprofessional or unlawful conduct, or any other appropriate administrative action in accordance with the provisions of Section 58-44a-401.
(4) If a licensee has been convicted of violating Section 58-44a-501 prior to an administrative finding of a violation of the same section, the licensee may not be assessed a administrative penalty under this chapter for the same offense for which the conviction was obtained.
Enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 44a - Nurse Midwife Practice Act › Part 6 - Delivery by Parents › Section 601 - Parents delivering their children.

58-44a-601.
Parents delivering their children.
This chapter does not abridge, limit, or change in any way the right of parents to deliver their baby where, when, how, and with whom they choose, regardless of licensure under this chapter.
Repealed and Re-enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2033
58-46a-101.
Title.
This chapter is known as the "Hearing Instrument Specialist Licensing Act."
Enacted by Chapter 28, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-258 on 7/1/2033
Effective 5/12/2020
58-46a-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Direct supervision" means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation.
(2) "Hearing instrument" or "hearing aid" means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories.
(3) "Hearing instrument intern" means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist.
(4) "Indirect supervision" means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised.
(5) "Practice of a hearing instrument specialist" means:
(a) establishing a place of business to practice as a hearing instrument specialist;
(b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;
(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;
(d) prescribing an appropriate hearing instrument;
(e) making impressions or earmolds for the fitting of a hearing instrument;
(f) sale and professional placement of the hearing instrument on a patient;
(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;
(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or
(i) instructing the patient on the use and care of the hearing instrument.
(6) "Supervising hearing instrument specialist" means a hearing instrument specialist who:
(a) is licensed by and in good standing with the division;
(b) has practiced full-time as a hearing instrument specialist for not less than two years; and
(c) is approved as a supervisor by the division.
(7) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
(8) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-46a-501.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 301 - License required -- License classifications.

Affected by 63I-1-258 on 7/1/2033
58-46a-301.
License required -- License classifications.
(1) A license is required to engage in the practice of hearing instrument specialist or hearing instrument intern, except as specifically provided in Section 58-1-307 or 58-46a-305.
(2) The division shall issue to an individual qualified under the provisions of this chapter a license in the classification of:
(a) hearing instrument specialist; or
(b) hearing instrument intern.
Enacted by Chapter 28, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Affected by 63I-1-258 on 7/1/2033
Effective 5/12/2020
58-46a-302.
Qualifications for licensure.
(1) Each applicant for licensure as a hearing instrument specialist shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay a fee as determined by the division pursuant to Section 63J-1-504;
(c) have qualified for and currently hold board certification by the National Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the division;
(d) have passed the Utah Law and Rules Examination for Hearing Instrument Specialists; and
(e) if the applicant holds a hearing instrument intern license, surrender the hearing instrument intern license at the time of licensure as a hearing instrument specialist.
(2) Each applicant for licensure as a hearing instrument intern shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay a fee as determined by the division pursuant to Section 63J-1-504;
(c) have passed the Utah Law and Rules Examination for Hearing Instrument Specialists; and
(d) present evidence acceptable to the division that the applicant, when licensed, will practice as a hearing instrument intern only under the supervision of a supervising hearing instrument specialist in accordance with:
(i) Section 58-46a-302.5; and
(ii) the supervision requirements for obtaining board certification by the National Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the division.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 302.5 - Supervision requirements -- Hearing instrument interns.

Affected by 63I-1-258 on 7/1/2033
Effective 5/3/2023
58-46a-302.5.
Supervision requirements -- Hearing instrument interns.
(1) Except as provided in Subsection (2), a hearing instrument intern may only practice as a hearing instrument intern under the direct supervision of a licensed hearing instrument specialist.
(2) A hearing instrument intern may practice under the indirect supervision of a licensed hearing instrument specialist if the hearing instrument specialist:
(a) receives a passing score on a practical examination demonstrating acceptable skills in the area of hearing testing as approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) completes the National Institute for Hearing instrument studies education and examination program, or an equivalent college level program as approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 303, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal of specialist and intern licenses.

Affected by 63I-1-258 on 7/1/2033
Effective 5/3/2023
58-46a-303.
Term of license -- Expiration -- Renewal of specialist and intern licenses.
(1)
(a)
(i) The division shall issue a license for a hearing instrument specialist in accordance with a two-year renewal cycle established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) The division may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, extend or shorten a renewal period by as much as one year to stagger the renewal cycles the division administers.
(b) At the time of renewal, the licensed hearing instrument specialist shall demonstrate satisfactory evidence of each of the following:
(i) current certification by the National Board for Certification Hearing Instrument Sciences, or other acceptable certification approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii) calibration of all appropriate technical instruments used in practice; and
(iii) completion of continuing professional education required in Section 58-46a-304.
(c) A hearing instrument specialist license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308 or surrendered in accordance with Section 58-1-306.
(2)
(a) The division shall issue a license for a hearing instrument intern for a term of three years.
(b) The division may renew a license for a hearing instrument intern for a term of three years for good cause shown, as determined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 303, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 304 - Continuing professional education.

Affected by 63I-1-258 on 7/1/2033
58-46a-304.
Continuing professional education.
As a condition precedent for license renewal each individual licensed under this chapter as a hearing instrument specialist shall complete qualified continuing professional education related to practice of hearing instrument specialist as established by division rule.
Enacted by Chapter 28, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

Affected by 63I-1-258 on 7/1/2033
Effective 5/14/2019
58-46a-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts and practices included within the definition of practice as a hearing instrument specialist or hearing instrument intern, subject to their professional licensure authorization and restrictions, without being licensed under this chapter:
(1) an audiologist licensed under the provisions of Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(2) a physician and surgeon licensed under the provisions of Chapter 67, Utah Medical Practice Act, or osteopathic physician licensed under the provisions of Chapter 68, Utah Osteopathic Medical Practice Act; and
(3) a physician assistant licensed under the provisions of Chapter 70a, Utah Physician Assistant Act.
Amended by Chapter 349, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 3 - Licensing › Section 307 - Licensee required to prove licensure to commence or maintain action.

Affected by 63I-1-258 on 7/1/2033
58-46a-307.
Licensee required to prove licensure to commence or maintain action.
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.
Enacted by Chapter 28, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Affected by 63I-1-258 on 7/1/2033
58-46a-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 28, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 46a - Hearing Instrument Specialist Licensing Act › Part 5 - Unprofessional Conduct › Section 503 - Testing period for hearing aids.

Affected by 63I-1-258 on 7/1/2033
58-46a-503.
Testing period for hearing aids.
(1) Any person licensed under this chapter who sells a hearing aid to a consumer shall provide a written receipt or written contract to the consumer. The written receipt or contract shall provide the consumer with a 30-day right to cancel the purchase if the consumer finds that the hearing aid does not function adequately for the consumer and to obtain a refund if the consumer returns the hearing aid to the seller in the same condition, ordinary wear and tear excluded, as when purchased. The written receipt or contract shall notify the consumer of the 30-day right to cancel in at least 10 point type. The 30-day right to cancel shall commence from either the date the hearing aid is originally delivered to the consumer or the date the written receipt or contract is delivered to the consumer, whichever is later. The 30-day period shall be tolled for any period during which the hearing aid seller, dealer, or fitter has possession or control of the hearing aid after its original delivery.
(2) Upon exercise of the right to cancel a hearing aid purchase, the seller of the hearing aid is entitled to a cancellation fee not to exceed 15% of all fees charged to the consumer, including testing, fitting, counseling, and the purchase price of the hearing aid. The exact amount of the cancellation fee shall be stated in the written receipt or contract provided to the consumer.
Enacted by Chapter 249, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2024
58-47b-101.
Title.
This chapter is known as the "Massage Therapy Practice Act."
Amended by Chapter 159, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 2 - Board › Section 201 - Board.

Affected by 63I-1-258 on 7/1/2024
58-47b-201.
Board.
(1) There is created the Board of Massage Therapy consisting of:
(a) four massage therapists; and
(b) 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. 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.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 159, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 3 - Licensing › Section 301 - Licensure required.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-301.
Licensure required.
(1) An individual shall hold a license issued under this chapter in order to engage in the practice of massage therapy or the practice of limited massage therapy, except as specifically provided in Section 58-1-307 or 58-47b-304.
(2) An individual shall have a license in order to:
(a) represent oneself as a massage therapist, massage apprentice, massage assistant, or massage assistant in-training;
(b) represent oneself as providing a service that is within the practice of massage therapy or the practice of limited massage therapy or use the word massage or any other word to describe the services; or
(c) charge or receive a fee or any consideration for providing a service that is within the practice of massage therapy or the practice of limited massage therapy.
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-303.
Term of license -- Expiration -- Renewal.
(1)
(a) Except as provided in Subsection (3), the division shall issue a license under this chapter in accordance with a two-year renewal cycle established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(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) Subject to Subsection (3), a license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
(3) A massage assistant in-training license expires six months after the day on which the division issues the massage assistant in-training license.
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 3 - Licensing › Section 305 - State and local jurisdiction.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-305.
State and local jurisdiction.
(1)
(a) The division is the only agency authorized to license individuals to engage in the practice of massage therapy or the practice of limited massage therapy within the state or any of the state's political subdivisions.
(b) This chapter does not prevent any political subdivision of the state from enacting:
(i) ordinances governing the operation of establishments offering massages; or
(ii) ordinances regulating the practice of massage therapy or the practice of limited massage therapy, if the ordinances are not less stringent than this chapter.
(2) This chapter does not prohibit any political subdivision of the state from prosecuting:
(a) an unlicensed individual who is engaged in the practice of massage therapy or the practice of limited massage therapy; or
(b) a licensed individual who is engaged in unlawful conduct.
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 3 - Licensing › Section 306 - Required signage and disclosures.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-306.
Required signage and disclosures.
(1) As used in this section, "massage establishment" means an establishment in which an individual lawfully engages in the practice of massage therapy or the practice of limited massage therapy.
(2) If a massage assistant or massage assistant in-training engages in the practice of limited massage therapy at a massage establishment, the massage establishment shall prominently display to the public a sign that indicates certain massage services offered at the massage establishment are performed by a massage assistant or a massage assistant in-training.
(3) If an individual requests a massage service that is performed by a massage assistant or a massage assistant in-training, the licensee performing or the massage therapy supervisor supervising the massage service shall ensure that the individual is notified before scheduling or agreeing to the massage service that the massage service is performed by a massage assistant or massage assistant in-training.
Enacted by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Affected by 63I-1-258 on 7/1/2024
58-47b-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for the following actions regarding a license under this chapter are in accordance with Section 58-1-401:
(1) refusal to issue a license to an applicant;
(2) refusal to renew the license of a licensee;
(3) revocation, suspension, restriction, or placement on probation of a license;
(4) issuance of a public or private reprimand to a licensee; and
(5) issuance of a cease and desist order.
Enacted by Chapter 76, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-501.
Unlawful conduct.
(1) "Unlawful conduct" includes:
(a) practicing, engaging in, or attempting to practice or engage in the practice of massage therapy without holding a current license as a massage therapist or a massage apprentice under this chapter;
(b) advertising or representing oneself as engaging in the practice of massage therapy when not licensed to do so;
(c) practicing, engaging in, or attempting to practice or engage in the practice of limited massage therapy without holding a current license as a massage therapist, massage apprentice, massage assistant, or massage assistant in-training under this chapter;
(d) advertising or representing oneself as engaging in the practice of limited massage therapy when not licensed to do so; and
(e) massaging, touching, or applying any instrument or device by a licensee in the course of engaging in the practice of massage therapy or the practice of limited massage therapy to the:
(i) genitals;
(ii) anus; or
(iii) except as provided in Subsection (2), breasts of a female patron.
(2)
(a) Subsection (1)(e)(iii) does not apply if a female patron:
(i) requests breast massage, as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) subject to Subsection (2)(b), signs a written consent form before each time the procedure is performed.
(b) If the female patron is a minor, the female patron's parent or legal guardian shall sign the written consent form described in Subsection (2)(a).
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Affected by 63I-1-258 on 7/1/2024
Effective 5/3/2023
58-47b-502.
Unprofessional conduct.
"Unprofessional conduct" includes the following and may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1) maintaining, operating, or assisting in the establishment or operation of any place of business for the purpose of performing the practice of massage therapy or the practice of limited massage therapy without first obtaining a business license, if a license is required;
(2) failing to comply with any applicable ordinances relating to the regulation of massage establishment;
(3) failing to comply with all applicable state and local health or sanitation codes;
(4) failing to properly supervise a massage apprentice, massage assistant, or massage assistant in-training;
(5) failing to maintain mechanical or electrical equipment in a safe operating condition;
(6) failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or water baths;
(7) prescribing or administering medicine or drugs;
(8) engaging in any act or practice in a professional capacity that is outside of the practice of massage therapy or the practice of limited massage therapy; and
(9) engaging in any act or practice in a professional capacity for which the licensee is not competent to perform through training or experience.
Amended by Chapter 225, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 47b - Massage Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalties.

Affected by 63I-1-258 on 7/1/2024
58-47b-503.
Penalties.
(1) Except as provided in Subsection (2), any individual who commits an act of unlawful conduct under Section 58-47b-501 is guilty of a class A misdemeanor.
(2) Sexual conduct that violates Section 58-47b-501 and Title 76, Utah Criminal Code, shall be subject to the applicable penalties in Title 76, Utah Criminal Code.
Amended by Chapter 309, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 49 - Dietitian Certification Act › Section 2 - Definitions.

Effective 5/3/2023
58-49-2.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Certified dietitian" means a person who is certified by the division as meeting the certification requirements provided in this chapter.
(2) "Commission on Dietetic Registration" means the credentialing component of the American Dietetic Association.
(3) "Dietetics" means the integration and application of principles derived from the sciences of food for the development, management, and provision of dietary services for individuals and groups for meeting their health care needs. "Dietetics" includes:
(a) the evaluation of a person's dietary status;
(b) the advising and education of persons on dietary needs; and
(c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings.
(4) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined by rule includes failing to maintain a level of professional practice consistent with all initial and subsequent requirements by which certification is achieved or maintained under this chapter.
Amended by Chapter 249, 2023 General Session