reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 8 - Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy › Section 802 - Definitions.

Effective 5/10/2016
58-17b-802.
Definitions.
As used in this part:
(1)
(a) "Cosmetic drug" means a prescription drug that:
(i) is for the purpose of promoting attractiveness or altering the appearance of an individual; and
(ii)
(A) is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or
(B) has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office.
(b) "Cosmetic drug" does not include a prescription drug that is:
(i) a controlled substance;
(ii) compounded by the physician; or
(iii) prescribed for or used by the patient for the purpose of diagnosing, curing, or preventing a disease.
(2) "Employer sponsored clinic" means:
(a) an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or
(b) a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program.
(3) "Health care" is as defined in Section 31A-1-301.
(4)
(a) "Injectable weight loss drug" means an injectable prescription drug:
(i) prescribed to promote weight loss; and
(ii) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule.
(b) "Injectable weight loss drug" does not include a prescription drug that is a controlled substance.
(5) "Prepackaged drug" means a prescription drug that:
(a) is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and
(b) is packaged in a fixed quantity per package by:
(i) the drug manufacturer;
(ii) a pharmaceutical wholesaler or distributor; or
(iii) a pharmacy licensed under this title.
Amended by Chapter 159, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 8 - Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy › Section 804 - Qualifications for licensure as a dispensing medical practitioner clinic pharmacy.

Effective 7/1/2014
58-17b-804.
Qualifications for licensure as a dispensing medical practitioner clinic pharmacy.
(1) An applicant for a license as a dispensing medical practitioner clinic pharmacy shall comply with Section 58-17b-306.
(2)
(a) Notwithstanding Section 58-17b-302, a pharmacy licensed under this part is not required to have a pharmacist-in-charge if:
(i) the pharmacy has designated a dispensing medical practitioner as responsible for all activities of the pharmacy; and
(ii) the pharmacy complies with administrative rules adopted by the division in consultation with the Board of Pharmacy and the governing bodies of the practitioners described in Subsection 58-17b-102(23)(a).
(b) Notwithstanding Subsection 58-17b-306(1)(e), the division, in consultation with the Board of Pharmacy and the governing boards of the practitioners described in Subsection 58-17b-102(23)(a), may modify the operating standards for a dispensing medical practitioner clinic pharmacy.
Enacted by Chapter 72, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 8 - Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy › Section 805 - Dispensing medical practitioner -- Cancer drug treatment regimen.

Effective 5/14/2019
58-17b-805.
Dispensing medical practitioner -- Cancer drug treatment regimen.
(1) For purposes of this section:
(a) "Cancer drug treatment regimen" means a prescription drug used to treat cancer, manage its symptoms, or provide continuity of care for a cancer patient.
(b) "Cancer drug treatment regimen" includes:
(i) a chemotherapy drug administered intravenously, orally, rectally, or by dermal methods; and
(ii) a drug used to support cancer treatment, including a drug used to treat, alleviate, or minimize physical and psychological symptoms or pain, to improve patient tolerance of cancer treatments, or to prepare a patient for a subsequent course of therapy.
(c) "Cancer drug treatment regimen" does not mean a drug listed under federal law as a Schedule I, II, or III drug.
(2) An individual may be licensed as a dispensing medical practitioner with a scope of practice that permits the dispensing medical practitioner to prescribe and dispense a cancer drug treatment regimen if the individual:
(a) is licensed as described in Subsections 58-17b-102(23)(a)(i) and (ii); and
(b) is certified or eligible to be certified by:
(i) the American Board of Internal Medicine in medical oncology; or
(ii) the American Board of Urology.
(3) A dispensing medical practitioner authorized to prescribe and dispense a cancer drug treatment regimen under this section may prescribe and dispense a cancer drug treatment regimen:
(a) to the practitioner's patient who is currently undergoing chemotherapy in an outpatient clinic setting; and
(b) if the practitioner determines that providing the cancer drug treatment regimen to the patient in the outpatient clinic setting is in the best interest of the patient or provides better access to care for the patient.
Amended by Chapter 343, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 8 - Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy › Section 806 - Enforcement of dispensing medical practitioner and dispensing medical practitioner clinic pharmacy compliance with Pharmacy Practice Act.

Effective 7/1/2014
58-17b-806.
Enforcement of dispensing medical practitioner and dispensing medical practitioner clinic pharmacy compliance with Pharmacy Practice Act.
(1)
(a) The division shall consult with the dispensing medical practitioner's appropriate licensing board as designated in Subsection 58-17b-102(23)(a) regarding a violation of this chapter; and
(b) the Pharmacy Board shall, if requested by the licensing board of the dispensing medical practitioner, assist the licensing board for the dispensing medical practitioner with reviewing the violations of the provisions of this chapter.
(2) The division may take appropriate action against a dispensing medical practitioner, in accordance with this chapter, if the licensing board designated in Subsection 58-17b-102(23)(a) recommends to the division that action be taken under this chapter.
(3) The division, in consultation with the board is the primary enforcer under this chapter for a dispensing medical practitioner clinic pharmacy licensed under Section 58-17b-804.
Enacted by Chapter 72, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 901 - Title.

Effective 5/10/2016
58-17b-901.
Title.
This part is known as the "Charitable Prescription Drug Recycling Act."
Enacted by Chapter 405, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 903 - Charitable Prescription Drug Recycling Program -- Creation -- Requirements.

Effective 5/5/2021
58-17b-903.
Charitable Prescription Drug Recycling Program -- Creation -- Requirements.
(1) There is created the Charitable Prescription Drug Recycling Program.
(2) The division, in consultation with the board, shall:
(a) implement the program, on a statewide basis, to permit:
(i) an individual or an eligible donor to transfer an eligible prescription drug to an eligible pharmacy for dispensing to a medically indigent individual; and
(ii) an individual to transfer an eligible prescription drug to a physician's office:
(A) that is an eligible donor; and
(B) for transfer to an eligible pharmacy for dispensing to a medically indigent individual;
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to implement the program; and
(c) provide technical assistance to entities that desire to participate in the program.
Amended by Chapter 397, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 904 - Criteria for eligible prescription drugs.

Effective 5/10/2016
58-17b-904.
Criteria for eligible prescription drugs.
An eligible pharmacy may not accept or dispense an unused prescription drug under the program unless the unused prescription drug:
(1)
(a) is in a unit pack or the manufacturer's sealed container; or
(b) is an injectable medication;
(2)
(a) is unopened; or
(b) is a cancer drug packaged in an unopened single-unit dose that has been removed from a multi-dose package;
(3) is accepted and dispensed by the eligible pharmacy before:
(a) a beyond use date that appears on the label;
(b) the expiration date recommended by the manufacturer; or
(c) a date, established by division rule for a specific prescription drug, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is later than the date in Subsection (3)(a) or (3)(b);
(4)
(a) is not adulterated or mislabeled; and
(b) the pharmacist or licensed pharmacist technician accepting or dispensing the prescription drug does not have reason to believe that the prescription drug is adulterated or mislabeled.
Enacted by Chapter 405, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 905 - Participation in program -- Requirements -- Fees.

Effective 5/4/2022
58-17b-905.
Participation in program -- Requirements -- Fees.
(1) An eligible donor, an individual, or an eligible pharmacy may participate in the program.
(2) An eligible pharmacy:
(a) shall comply with all applicable federal and state laws related to the storage, disposal, and distribution of a prescription drug;
(b) shall comply with all applicable federal and state laws related to the acceptance and transfer of a prescription drug, including 21 U.S.C. Chapter 9, Subchapter V, Part H, Pharmaceutical Distribution Supply Chain;
(c) shall, before accepting or dispensing a prescription drug under the program, inspect each prescription drug to determine whether the prescription drug is an eligible prescription drug;
(d) may dispense an eligible prescription drug to a medically indigent individual who:
(i) is located in the state when the drug is dispensed; and
(ii) has a prescription issued by a practitioner;
(e) may charge a handling fee, adopted by the division under Section 63J-1-504; and
(f) may not accept, transfer, or dispense a prescription drug in violation of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
Amended by Chapter 253, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 906 - Liability of participating organizations and manufacturers.

Effective 5/10/2016
58-17b-906.
Liability of participating organizations and manufacturers.
In the absence of bad faith or gross negligence, a person is not criminally or civilly liable for injury, death, or loss of property based solely on the fact that the person manufactured, provided, donated, accepted, or dispensed an eligible prescription drug under this part.
Enacted by Chapter 405, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 9 - Charitable Prescription Drug Recycling Act › Section 907 - Rules made by the division.

Effective 7/1/2022
58-17b-907.
Rules made by the division.
The rules made by the division under Subsection 58-17b-903(2)(b) shall include:
(1) registration requirements to establish the eligibility of a pharmacy to participate in the program;
(2) a formulary that includes all eligible prescription drugs approved by the federal Food and Drug Administration;
(3) standards and procedures for:
(a) verifying whether a pharmacy or pharmacist participating in the program is licensed and in good standing with the board;
(b) handling of an eligible prescription drug transferred in accordance with Subsection 58-17b-903(2) to an eligible pharmacy or a physician's office, including:
(i) acceptance;
(ii) identification, including redundant criteria for verification;
(iii) documentation, under 21 U.S.C. Sec. 360eee-1, of transaction information, history, and statements;
(iv) safe storage;
(v) security;
(vi) inspection;
(vii) transfer; and
(viii) dispensing;
(c) a pharmacist, pharmacy intern, or licensed pharmacy technician:
(i) working in or consulting with a participating eligible donor; or
(ii) assisting an individual donating the eligible prescription drug;
(d) disposition of a donated prescription drug that is a controlled substance;
(e) record keeping regarding:
(i) the individual or eligible donor that transferred an eligible prescription drug under Subsection 58-17b-903(2)(a);
(ii) the identification and evaluation of a donated prescription drug by a pharmacist or licensed pharmacy technician; and
(iii) the dispensing or disposition of a prescription drug;
(f) determining the status of a medically indigent individual;
(g) labeling requirements to:
(i) ensure compliance with patient privacy laws relating to:
(A) an individual who receives an eligible prescription drug; and
(B) patient information that may appear on a donated prescription drug;
(ii) clearly identify an eligible prescription drug dispensed under the program; and
(iii) communicate necessary information regarding the manufacturer's recommended expiration date or the beyond use date; and
(h) ensuring compliance with the requirements of this part;
(4) a process for seeking input from the Department of Health and Human Services created in Section 26B-1-201 to:
(a) establish program standards and procedures for assisted living facilities and nursing care facilities; and
(b) establish program standards and procedures for mental health and substance abuse clients; and
(5) the creation of a special training program that a pharmacist and a licensed pharmacy technician at an eligible pharmacy must complete before participating in the program.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1001 - Title.

Effective 7/1/2020
58-17b-1001.
Title.
This part is known as the "Epinephrine Auto-Injector and Stock Albuterol Act."
Enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1002 - Definitions.

Effective 5/3/2023
58-17b-1002.
Definitions.
As used in this part:
(1) "Epinephrine auto-injector" means the same as that term is defined in Section 26B-4-401.
(2) "Local health department" means the same as that term is defined in Section 26A-1-102.
(3) "Physician" means the same as that term is defined in Section 58-67-102.
(4) "Qualified adult" means the same as that term is defined in Section 26B-4-401.
(5) "Qualified epinephrine auto-injector entity" means the same as that term is defined in Section 26B-4-401.
(6) "Qualified stock albuterol entity" means the same as that term is defined in Section 26B-4-401.
(7) "Stock albuterol" means the same as that term is defined in Section 26B-4-401.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1003 - Voluntary participation.

Effective 7/1/2020
58-17b-1003.
Voluntary participation.
This part does not create a duty or standard of care for a person to prescribe or dispense an epinephrine auto-injector or stock albuterol.
Enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1004 - Authorization to dispense an epinephrine auto-injector and stock albuterol pursuant to a standing order.

Effective 5/3/2023
58-17b-1004.
Authorization to dispense an epinephrine auto-injector and stock albuterol pursuant to a standing order.
(1) Notwithstanding any other provision of this chapter, a pharmacist or pharmacy intern may dispense an epinephrine auto-injector:
(a)
(i) to a qualified adult for use in accordance with Title 26B, Chapter 4, Part 4, School Health; or
(ii) to a qualified epinephrine auto-injector entity for use in accordance with Title 26B, Chapter 4, Part 4, School Health;
(b) pursuant to a standing prescription drug order made in accordance with Section 58-17b-1005;
(c) without any other prescription drug order from a person licensed to prescribe an epinephrine auto-injector; and
(d) in accordance with the dispensing guidelines in Section 58-17b-1006.
(2) Notwithstanding any other provision of this chapter, a pharmacist or pharmacy intern may dispense stock albuterol:
(a)
(i) to a qualified adult for use in accordance with Title 26B, Chapter 4, Part 4, School Health; or
(ii) to a qualified stock albuterol entity for use in accordance with Title 26B, Chapter 4, Part 4, School Health;
(b) pursuant to a standing prescription drug order made in accordance with Section 58-17b-1005;
(c) without any other prescription drug order from a person licensed to prescribe stock albuterol; and
(d) in accordance with the dispensing guidelines in Section 58-17b-1006.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1005 - Standing prescription drug orders for epinephrine auto-injectors and stock albuterol.

Effective 7/1/2020
58-17b-1005.
Standing prescription drug orders for epinephrine auto-injectors and stock albuterol.
(1) A physician acting in the physician's capacity as an employee of the Department of Health or as a medical director of a local health department may issue a standing prescription drug order authorizing the dispensing of an epinephrine auto-injector under Section 58-17b-1004 in accordance with a protocol that:
(a) requires the physician to specify the persons, by professional license number, authorized to dispense the epinephrine auto-injector;
(b) requires the physician to review at least annually the dispensing practices of those authorized by the physician to dispense the epinephrine auto-injector;
(c) requires those authorized by the physician to dispense the epinephrine auto-injector to make and retain a record of each dispensing, including:
(i) the name of the qualified adult or qualified epinephrine auto-injector entity to whom the epinephrine auto-injector is dispensed;
(ii) a description of the epinephrine auto-injector dispensed; and
(iii) other relevant information; and
(d) is approved by the division by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians Licensing Board created in Section 58-67-201 and the Board of Pharmacy.
(2) A physician acting in the physician's capacity as an employee of the Department of Health or as a medical director of a local health department may issue a standing prescription drug order authorizing the dispensing of stock albuterol under Section 58-17b-1004 in accordance with a protocol that:
(a) requires the physician to specify the persons, by professional license number, authorized to dispense the stock albuterol;
(b) requires the physician to review at least annually the dispensing practices of those authorized by the physician to dispense the stock albuterol;
(c) requires those authorized by the physician to dispense the stock albuterol to make and retain a record of each dispensing, including:
(i) the name of the qualified adult or qualified stock albuterol entity to whom the stock albuterol is dispensed;
(ii) a description of the stock albuterol dispensed; and
(iii) other relevant information; and
(d) is approved by the division by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians Licensing Board created in Section 58-67-201 and the board.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1006 - Guidelines for dispensing an epinephrine auto-injector and stock albuterol.

Effective 7/1/2020
58-17b-1006.
Guidelines for dispensing an epinephrine auto-injector and stock albuterol.
(1) A pharmacist or pharmacy intern who dispenses an epinephrine auto-injector under this part shall, at a minimum, provide patient counseling to the qualified adult or qualified epinephrine auto-injector entity to whom the epinephrine auto-injector is dispensed regarding:
(a) the appropriate administration and storage of the epinephrine auto-injector;
(b) potential side effects and risks of the epinephrine auto-injector; and
(c) when to seek emergency medical attention.
(2) A pharmacist or pharmacy intern who dispenses stock albuterol under this part shall, at a minimum, provide patient counseling to the qualified adult or qualified stock albuterol entity to whom the stock albuterol is dispensed regarding:
(a) the appropriate administration and storage of the stock albuterol;
(b) potential side effects and risks of the stock albuterol; and
(c) when to seek emergency medical attention.
Enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 10 - Epinephrine Auto-injector and Stock Albuterol Act › Section 1007 - Limited civil liability.

Effective 7/1/2020
58-17b-1007.
Limited civil liability.
(1) A physician who issues a standing prescription drug order in accordance with Subsection 58-17b-1005(1) is not liable for any civil damages for acts or omissions resulting from the dispensing of an epinephrine auto-injector under this part.
(2) A physician who issues a standing prescription drug order in accordance with Subsection 58-17b-1005(2) is not liable for any civil damages for acts or omissions resulting from the dispensing of stock albuterol under this part.
Enacted by Chapter 372, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-101.
Title.
This chapter is known as the "Environmental Health Scientist Act."
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-258 on 7/1/2028
Effective 5/4/2022
58-20b-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Accredited program" means a degree-offering program from:
(a) an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or
(b) a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board.
(2) "Board" means the Environmental Health Scientist Board created in Section 58-20b-201.
(3) "General supervision" means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising.
(4) "Practice of environmental health science" means:
(a) the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas:
(i) air quality;
(ii) food safety;
(iii) solid, hazardous, and toxic substances disposal;
(iv) consumer product safety;
(v) housing;
(vi) noise control;
(vii) radiation protection;
(viii) water quality;
(ix) vector control;
(x) drinking water quality;
(xi) milk sanitation;
(xii) rabies control;
(xiii) public health nuisances;
(xiv) indoor clean air regulations;
(xv) institutional and residential sanitation; or
(xvi) recreational facilities sanitation; or
(b) representing oneself in any manner as, or using the titles "environmental health scientist," "environmental health scientist-in-training," or "registered sanitarian."
(5) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
(6) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-20b-501 and as may be further defined by division rule.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 2 - Board › Section 201 - Board.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-201.
Board.
(1) There is created the Environmental Health Scientist Board consisting of four environmental health scientists in good standing 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 shall be 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 the investigation of the complaint is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-301.
Licensure required -- License classifications.
(1) A person shall hold a license under this chapter in order to engage in the practice of environmental health science while employed by any of the following, except as specifically exempted in Section 58-20b-305 or 58-1-307:
(a) a local health department;
(b) the state Department of Health;
(c) the state Department of Human Services;
(d) the Department of Agriculture and Food as a food and dairy compliance officer; or
(e) a local health department as its director of environmental health services.
(2) Any other individual not subject to Subsection (1) may also be licensed under this chapter upon compliance with all requirements.
(3) The division shall issue to persons who qualify under this chapter a license in the classification:
(a) environmental health scientist; or
(b) environmental health scientist-in-training.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Affected by 63I-1-258 on 7/1/2028
Effective 5/12/2020
58-20b-302.
Qualifications for licensure.
(1) Except as provided in Subsection (2), an applicant for licensure as an environmental health scientist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) hold, at a minimum, a bachelor's degree from an accredited program in a university or college, which degree includes completion of specific course work as defined by rule;
(d) pass an examination as determined by division rule in collaboration with the board; and
(e) pass the Utah Law and Rules Examination for Environmental Health Scientists administered by the division.
(2) An applicant for licensure as an environmental health scientist-in-training shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) hold, at a minimum, a bachelor's degree from an accredited program in a university or college, which degree includes completion of specific course work as defined by rule;
(d) pass the Utah Law and Rules Examination for Environmental Health Scientists administered by the division; and
(e) present evidence acceptable to the division and the board that the applicant, when licensed, will practice as an environmental health scientist-in-training only under the general supervision of a supervising environmental health scientist licensed under this chapter.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license for an environmental health scientist in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license for an environmental health scientist-in-training shall be issued for a term of two years and may not be renewed.
(3) Each license issued under this chapter automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 3 - Licensing › Section 304 - Continuing education.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-304.
Continuing education.
Each person holding a license under this chapter as an environmental health scientist or an environmental health scientist-in-training shall complete in each two-year period of licensure not fewer than 30 hours of professional continuing education in accordance with standards defined by division rule.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, a person is exempt from the licensure requirements of this chapter if:
(1) the person's practice of environmental health science is limited to inspecting in order to enforce compliance with an inspection and maintenance program established pursuant to Section 41-6a-1642 or to issuing permits under that program;
(2) the person is a laboratory staff person employed by the Department of Agriculture and Food or the Department of Health, and in the person's employment inspects, permits, certifies, or otherwise enforces laboratory standards in laboratories regulated by state or local public health laws; or
(3) the person is the local health officer of a local public health department, which employs a director of environmental health services licensed under this chapter.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-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 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 20b - Environmental Health Scientist Act › Part 5 - Unprofessional Conduct › Section 501 - Unprofessional conduct.

Affected by 63I-1-258 on 7/1/2028
Effective 12/3/2018
58-20b-501.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) acting dishonestly or fraudulently in the performance of professional duties as an environmental health scientist or environmental health scientist-in-training;
(2) intentionally filing a false report or record in the performance of professional duties as an environmental health scientist or environmental health scientist-in-training; and
(3) willfully impeding or obstructing another person from filing a report in the performance of professional duties as an environmental health scientist or environmental health scientist-in-training.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 1 - General Provisions › Section 103 - Education and enforcement fund.

58-22-103.
Education and enforcement fund.
(1) There is created an expendable special revenue fund known as the "Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund."
(2) The fund consists of money from:
(a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this chapter in accordance with the following:
(i) the surcharge fee shall be established by the department in accordance with Section 63J-1-504; and
(ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement licensure fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning engineering, structural engineering, and land surveying laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 1 - General Provisions › Section 104 - Surcharge fee.

Effective 5/12/2020
58-22-104.
Surcharge fee.
(1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee.
(2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 2 - Board › Section 201 - Board.

58-22-201.
Board.
(1) There is created a Professional Engineers and Professional Land Surveyors Licensing Board. The board shall consist of four licensed professional engineers, one licensed professional structural engineer, one licensed professional land surveyor, and one member from the general public. The composition of the four professional engineers on the board shall be representative of the various professional engineering disciplines.
(2) The board shall be appointed and shall serve in accordance with Section 58-1-201. The members of the board who are professional engineers shall be appointed from among nominees recommended by representative engineering societies in this state. The member of the board who is a land surveyor shall be appointed from among nominees recommended by representative professional land surveyor societies.
(3) The duties and responsibilities of the board shall be 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 278, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 3 - Licensure › Section 301 - License required -- License classifications.

58-22-301.
License required -- License classifications.
(1) A license is required to engage in the practice of professional engineering, professional structural engineering, or professional land surveying, except as specifically provided in Section 58-1-307 or 58-22-305.
(2) The division shall issue licenses to individuals qualified under the provisions of this chapter in the following classifications:
(a) professional engineer;
(b) professional structural engineer; and
(c) professional land surveyor.
(3) The division may issue a license in a specific engineering discipline or disciplines as defined by rule by the division in collaboration with the board.
Amended by Chapter 259, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 3 - Licensure › Section 303 - Term of license -- Expiration -- Renewal.

58-22-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal the licensee shall show satisfactory evidence of completion of continuing education as may be required by rules enacted pursuant to Section 58-22-304.
(3) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Amended by Chapter 259, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 3 - Licensure › Section 304 - Continuing professional education.

58-22-304.
Continuing professional education.
(1) Each individual licensed as a professional land surveyor shall be required to complete a program of qualifying continuing professional education in accordance with standards defined by rule.
(2) Each individual licensed as a professional engineer or professional structural engineer may be required to complete a program of qualifying continuing professional education in accordance with standards defined by rule.
Repealed and Re-enacted by Chapter 259, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 3 - Licensure › Section 306 - Admission criteria to take the Fundamentals of Engineering Examination.

58-22-306.
Admission criteria to take the Fundamentals of Engineering Examination.
The admission criteria to take the NCEES Fundamentals of Engineering Examination shall be enrollment in or graduation from one of the following accredited curriculums, or other curriculums as may be established by rule by the division in collaboration with the board:
(1) EAC/ABET curriculum; or
(2) TAC/ABET curriculum.
Repealed and Re-enacted by Chapter 259, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license and disciplinary proceedings.

58-22-401.
Grounds for denial of license and disciplinary proceedings.
The division may refuse to issue a license to an applicant, refuse to renew the license of a licensee, revoke, suspend, restrict, or place on probation the license of a licensee, issue a public or private reprimand to a licensee, and issue cease and desist orders in accordance with Section 58-1-401.
Renumbered and Amended by Chapter 274, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 5 - Unlawful Conduct - Penalties › Section 501 - Unlawful conduct.

58-22-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using the title "professional engineer," "professional land surveyor," "land surveyor," "professional structural engineer," "structural engineer," or any other words, letters, abbreviations, or designations which represent recognized professional engineering disciplines indicating that the person using them is a professional engineer, professional land surveyor, or professional structural engineer if the person has not been licensed under this chapter, except as provided in Subsection 58-22-305(1);
(2) using the terms "engineering," "structural engineering," or "surveying" or any similar words, letters, or abbreviations to describe the type of activity performed or offered to be performed if the person has not been licensed under this chapter, except as provided in Subsection 58-22-305(1);
(3) engaging in or representing itself as engaging in the practice of professional engineering, professional structural engineering, or professional land surveying as a corporation, proprietorship, partnership, or limited liability company, except as provided in Subsection 58-22-305(1);
(4) engaging in the practice of engineering, structural engineering, or surveying as set forth in Subsections 58-22-102(9), (11), and (14), if the person has not been licensed under this chapter, except as provided in Section 58-1-307 or Subsections 58-3a-304(1)(b) through (f); or
(5) a professional engineer engaging in the practice of structural engineering as defined in Subsection 58-22-102(14)(a).
Amended by Chapter 277, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 5 - Unlawful Conduct - Penalties › Section 502.5 - Unprofessional conduct.

Effective 5/9/2017
58-22-502.5.
Unprofessional conduct.
Unprofessional conduct includes unprofessional conduct that is defined by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 218, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 6 - Practice Standards › Section 601 - Seal -- Design and implementation.

58-22-601.
Seal -- Design and implementation.
Every professional engineer, professional land surveyor, or professional structural engineer shall have a seal, the design and implementation of which shall be established by rule by the division in collaboration with the board.
Enacted by Chapter 259, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act › Part 6 - Practice Standards › Section 602 - Plans, specifications, reports, maps, sketches, surveys, drawings, documents, and plats to be sealed.

58-22-602.
Plans, specifications, reports, maps, sketches, surveys, drawings, documents, and plats to be sealed.
(1) Any final plan, specification, and report of a building or structure erected in this state shall bear the seal of a professional engineer or professional structural engineer licensed under this chapter, except as provided in Section 58-22-305, in Title 58, Chapter 3a, Architects Licensing Act, and by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(2) Any final plan, specification, and report prepared by, or under the supervision of, the professional engineer or professional structural engineer shall bear the seal of the professional engineer or professional structural engineer when submitted to a client, when filed with public authorities, or when submitted to a building official for the purpose of obtaining a building permit, even if the practice is exempt from licensure under Section 58-22-305.
(3) Any final plan, map, sketch, survey, drawing, document, plat, and report shall bear the seal of the professional land surveyor licensed under this chapter when submitted to a client or when filed with public authorities.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 2 - Physical Therapy Licensing Board › Section 201 - Physical Therapy Licensing Board -- Creation -- Membership -- Duties.

58-24b-201.
Physical Therapy Licensing Board -- Creation -- Membership -- Duties.
(1) There is created the Physical Therapy Licensing Board, consisting of three licensed physical therapists, one physical therapist assistant, and one member of the general public.
(2) Members of the board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are described in Subsection (4) and Sections 58-1-201 through 58-1-203.
(4) The board shall designate a member of the board, on a permanent or rotating basis, to:
(a) assist the division in reviewing complaints of unlawful or unprofessional conduct of a licensee; and
(b) advise the division during the division's investigation of the complaints described in Subsection (4)(a).
(5) A board member who has reviewed a complaint or been involved in an investigation under Subsection (4) is disqualified from participating in an adjudicative proceeding relating to the complaint or investigation.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 3 - Licensing › Section 301 - Authority to practice physical therapy.

Effective 5/10/2016
58-24b-301.
Authority to practice physical therapy.
A person may not engage in the practice of physical therapy, unless the person is:
(1) licensed under this chapter and practices within the scope of that license; or
(2) exempted from the licensing requirements of this chapter under Section 58-1-307 or 58-24b-304.
Amended by Chapter 238, 2016 General Session