reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 606 - Veterinary corporations, partnerships, and limited liability companies -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.

Effective 5/12/2020
58-28-606.
Veterinary corporations, partnerships, and limited liability companies -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.
(1) As used in this section:
(a) "Veterinary corporation" means a professional corporation organized to render veterinary services under Title 16, Chapter 11, Professional Corporation Act.
(b) "Veterinary limited liability company" means a limited liability company organized to render veterinary services under Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act.
(c) "Veterinary partnership" means a partnership or limited liability partnership organized to render veterinary services under:
(i)Title 48, Chapter 1d, Utah Uniform Partnership Act; or
(ii)Title 48, Chapter 2e, Utah Uniform Limited Partnership Act.
(2) A veterinary corporation may issue or transfer shares of the veterinary corporation's capital stock to a person that is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.
(3) An individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter:
(a) may not serve as an officer or director of a veterinary corporation; and
(b) may serve as secretary or treasurer of a veterinary corporation.
(4) A veterinary limited liability company or a veterinary partnership may include an individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 1 - General Provisions › Section 103 - Nurse Education and Enforcement Account.

58-31b-103.
Nurse Education and Enforcement Account.
(1) There is created a restricted account within the General Fund known as the "Nurse Education and Enforcement Account."
(2) The restricted account shall consist of:
(a) administrative penalties imposed under Section 58-31b-503; and
(b) interest earned on money in the account.
(3) Money in the account may be appropriated by the Legislature for the following purposes:
(a) education and training of licensees or potential licensees under this chapter;
(b) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct;
(ii) providing legal representation to the division when legal action is taken against a person engaging in unprofessional or unlawful conduct; and
(iii) monitoring compliance of renewal requirements;
(c) survey nursing education programs throughout the state;
(d) education and training of board members; and
(e) review and approve nursing education programs and medication aide certified training programs.
Amended by Chapter 303, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 2 - Board › Section 201 - Board.

Effective 5/8/2018
58-31b-201.
Board.
(1) There is created the Board of Nursing that consists of the following 11 members:
(a) nine nurses in a manner as may be further defined in division rule; and
(b) two members of the public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and 58-1-203 and shall:
(a)
(i) recommend to the division minimum standards for educational programs qualifying a person for licensure or certification under this chapter;
(ii) recommend to the division denial, approval, or withdrawal of approval regarding educational programs that meet or fail to meet the established minimum standards; and
(iii) 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.
(b) A board member who has, under Subsection (3)(a)(iii), 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 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 301 - License or certification required -- Classifications.

Effective 5/4/2022
58-31b-301.
License or certification required -- Classifications.
(1) A license is required to engage in the practice of nursing, except as specifically provided in Sections 58-1-307 and 58-31b-308.
(2) The division shall issue to an individual who qualifies under this chapter a license or certification in the classification of:
(a) licensed practical nurse;
(b) registered nurse apprentice;
(c) registered nurse;
(d) advanced practice registered nurse intern;
(e) advanced practice registered nurse;
(f) advanced practice registered nurse - CRNA without prescriptive practice; and
(g) medication aide certified.
(3) An individual holding an advanced practice registered nurse license as of July 1, 1998, who cannot document the successful completion of advanced course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics, may not prescribe and shall be issued an "APRN - without prescriptive practice" license.
(4) The division shall grant an advanced practice registered nurse license to any licensed advanced practice registered nurse currently holding prescriptive authority under any predecessor act.
(5) An individual holding a certified registered nurse anesthetist license as of July 1, 2007, shall be issued an "APRN - CRNA - without prescriptive practice" license.
Amended by Chapter 277, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 303 - Qualifications for licensure -- Graduates of nonapproved nursing programs.

Effective 5/4/2022
58-31b-303.
Qualifications for licensure -- Graduates of nonapproved nursing programs.
An applicant for licensure as a practical nurse or registered nurse who is a graduate of a nursing education program not approved by the division in collaboration with the board must comply with the requirements of this section.
(1) An applicant for licensure as a licensed practical nurse shall:
(a) meet all requirements of Subsection 58-31b-302(2), except Subsection 58-31b-302(2)(e); and
(b) produce evidence acceptable to the division and the board that the nursing education program completed by the applicant is equivalent to the minimum standards established by the division in collaboration with the board for an approved licensed practical nursing education program.
(2) An applicant for licensure as a registered nurse shall:
(a) meet all requirements of Subsection 58-31b-302(4), except Subsection 58-31b-302(4)(e); and
(b)
(i) pass the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination; or
(ii) produce evidence acceptable to the division and the board that the applicant is currently licensed as a registered nurse in one of the states, territories, or the District of Columbia of the United States or in Canada and has passed the NCLEX-RN examination in English.
Amended by Chapter 277, 2022 General Session
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 304 - Qualifications for admission to the examinations.

Effective 5/4/2022
58-31b-304.
Qualifications for admission to the examinations.
(1) To be admitted to the examinations required for certification as a medication aide certified, an individual shall:
(a) submit an application on a form prescribed by the division;
(b) pay a fee as determined by the division under Section 63J-1-504; and
(c) meet all requirements of Subsection 58-31b-302(1), except Subsection (1)(i).
(2) To be admitted to the examinations required for licensure as a practical nurse, an individual shall:
(a) submit an application form prescribed by the division;
(b) pay a fee as determined by the division under Section 63J-1-504; and
(c) meet all requirements of Subsection 58-31b-302(2), except Subsection (2)(f).
(3) To be admitted to the examinations required for licensure as a registered nurse, an individual shall:
(a) submit an application form prescribed by the division;
(b) pay a fee as determined by the division under Section 63J-1-504; and
(c) meet all the requirements of Subsection 58-31b-302(4), except Subsection(4)(f).
Amended by Chapter 277, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 305 - Term of license -- Expiration -- Renewal.

Effective 5/3/2023
58-31b-305.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license or certification under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles the division administers.
(2) The division shall renew the license of a licensee who, at the time of renewal:
(a) completes and submits an application for renewal in a form prescribed by the division;
(b) pays a renewal fee established by the division under Section 63J-1-504;
(c) views a suicide prevention video described in Section 58-1-601 and submits proof in the form required by the division; and
(d) meets continuing competency requirements as established by rule.
(3) In addition to the renewal requirements under Subsection (2), a person licensed as an advanced practice registered nurse shall be currently certified by a program approved by the division in collaboration with the board and submit evidence satisfactory to the division of that qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
(4) In addition to the requirements described in Subsections (2) and (3), an advanced practice registered nurse licensee specializing in psychiatric mental health nursing who, as of the day on which the division originally issued the licensee's license had not completed the division's clinical practice requirements in psychiatric and mental health nursing, shall, to qualify for renewal:
(a) if renewing less than two years after the day on which the division originally issued the license, demonstrate satisfactory progress toward completing the clinical practice requirements; or
(b) have completed the clinical practice requirements.
(5) Each license or certification automatically expires on the expiration date shown on the license or certification unless renewed in accordance with Section 58-1-308.
(6) The division shall accept and apply toward an hour requirement that the division establishes under Subsection (2)(d) continuing education that an advanced practice registered nurse completes in accordance with Section 26B-4-204.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 306 - APRN intern license.

58-31b-306.
APRN intern license.
(1)
(a) The division may issue an APRN intern license to a person who meets all qualifications for a license as an advanced practice registered nurse under this chapter, except for the passing of required examinations, if the applicant:
(i) is a graduate of an approved nursing education program within the year immediately preceding application for an intern license;
(ii) has never before taken the examinations; and
(iii) submits to the division evidence of having secured employment conditioned upon issuance of the APRN intern license, and the employment is under the supervision of an advanced practice registered nurse or physician as defined by division rule.
(b) An APRN intern license issued under Subsection (1)(a) expires on the earlier of:
(i) a date following a period established by division rule;
(ii) the date upon which the division receives notice from the examination agency that the individual failed to take or pass the examinations upon notification to the applicant; or
(iii) the date upon which the division issues the individual an APRN license.
(2) An applicant specializing in psychiatric mental health nursing may be issued an APRN intern license upon completion of all licensure requirements, except for the passing of required examinations and completion of required clinical practice hours.
(3)
(a) The division may issue an APRN intern license to a person who meets all qualifications for a license as an advanced practice registered nurse under this chapter, except course work in patient assessment or pharmacotherapeutics, if that applicant:
(i) is licensed in good standing as an advanced practice registered nurse in another state or jurisdiction; and
(ii) submits to the division evidence of having secured employment conditioned upon issuance of the APRN intern license, and the employment is under the supervision of an advanced practice registered nurse or physician as defined by division rule.
(b) An APRN intern license issued under Subsection (3)(a) expires on the earlier of:
(i) a date following a period established by division rule; or
(ii) the date upon which the division issues the individual a regular license.
Enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 306.1 - Registered nurse apprentice license.

Effective 5/4/2022
58-31b-306.1.
Registered nurse apprentice license.
(1) The division shall issue a registered nurse apprentice license to an individual who meets the qualifications under Subsection 58-31b-302(3).
(2) Unless the division extends the license for a specified period of time by written notification provided to the individual, the license expires on the earlier of:
(a) one year from the day on which the license is issued;
(b) after the division receives notice from the examination agency that the individual failed to take or pass the examinations described in Subsection 58-31b-302(4)(f), the day on which the division notifies the applicant that the license is expired; or
(c) the day on which the division issues the individual a license as a registered nurse.
(3) A license described in Subsection (1) is:
(a) valid only in Utah; and
(b) not an eligible license under Chapter 31e, Nurse Licensure Compact - Revised.
(4) The division may make rules to administer the license described in Subsection (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 277, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 308 - Exemptions from licensure.

Effective 5/14/2019
58-31b-308.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts included within the definition of the practice of nursing, subject to the stated circumstances and limitations, without being licensed under this chapter:
(a) friends, family members, foster parents, or legal guardians of a patient performing gratuitous nursing care for the patient;
(b) persons providing care in a medical emergency;
(c) persons engaged in the practice of religious tenets of a church or religious denomination; and
(d) after July 1, 2000, a person licensed to practice nursing by a jurisdiction that has joined the Nurse Licensure Compact - Revised to the extent permitted by Section 58-31e-102.
(2) Notwithstanding Subsection (1)(d), the division may, in accordance with Section 58-31e-102, limit or revoke practice privileges in this state of a person licensed to practice nursing by a jurisdiction that has joined the Nurse Licensing Compact.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 308.1 - Delegation of nursing care by a responsible caregiver.

Effective 5/12/2020
58-31b-308.1.
Delegation of nursing care by a responsible caregiver.
(1) As used in this section:
(a) "Patient" means an individual who is receiving nursing care from a responsible caregiver.
(b) "Responsible caregiver" means a patient's spouse, adult child, parent, foster parent, or legal guardian who is primarily responsible for providing nursing care to the patient.
(c) "Unlicensed direct care worker" means any unlicensed individual, regardless of title, who is 18 years of age or older and to whom a responsible caregiver delegates under this section.
(2) A responsible caregiver may delegate to an unlicensed direct care worker the performance of nursing care for a patient if:
(a) the nursing care is provided to the patient at the residence in which the patient and responsible caregiver regularly reside;
(b) the patient's condition is stable;
(c) the responsible caregiver routinely provides the nursing care for the patient;
(d) the nursing care is considered routine care for the patient; and
(e) performance of the nursing care:
(i) poses little potential hazard for the patient; and
(ii) is generally expected to produce a predictable outcome for the patient.
(3) Before an unlicensed direct care worker may perform nursing care delegated under Subsection (2), the responsible caregiver shall train the unlicensed direct care worker to perform the nursing care and verify the unlicensed direct care worker is able to competently perform the nursing care for the patient after training is complete.
Enacted by Chapter 314, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 3 - Licensing › Section 309 - Continuing education.

58-31b-309.
Continuing education.
(1) The division in collaboration with the board may establish continuing education requirements for each classification of nurse licensure.
(2) The division may discriminate between classifications of licensure with respect to continuing education requirements upon finding the continuing education requirements are necessary to reasonably protect the public health, safety, or welfare.
Enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

58-31b-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using the following titles, names or initials, if the user is not properly licensed or certified under this chapter:
(a) nurse;
(b) licensed practical nurse, practical nurse, or L.P.N.;
(c) medication aide certified, or M.A.C.;
(d) registered nurse or R.N.;
(e) registered nurse practitioner, N.P., or R.N.P.;
(f) registered nurse specialist, N.S., or R.N.S.;
(g) registered psychiatric mental health nurse specialist;
(h) advanced practice registered nurse;
(i) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; or
(j) other generally recognized names or titles used in the profession of nursing;
(2)
(a) using any other name, title, or initials that would cause a reasonable person to believe the user is licensed or certified under this chapter if the user is not properly licensed or certified under this chapter; and
(b) for purposes of Subsection (2)(a), it is unlawful conduct for a medication aide certified to use the term "nurse"; and
(3) conducting a nursing education program in the state for the purpose of qualifying individuals to meet requirements for licensure under this chapter without the program having been approved under Section 58-31b-601.
Amended by Chapter 291, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 6 - Nursing Education Programs › Section 601 - Minimum standards for nursing programs to qualify graduates -- Temporary approval to qualify graduates for licensure -- Minimum standards for medication aide training to qualify persons for certification.

Effective 5/4/2022
58-31b-601.
Minimum standards for nursing programs to qualify graduates -- Temporary approval to qualify graduates for licensure -- Minimum standards for medication aide training to qualify persons for certification.
(1) Except as provided in Subsections (2) and (3), to qualify as an approved education program for the purpose of qualifying graduates for licensure under this chapter, a nursing education program shall be accredited by an accrediting body for nursing education that is recognized by the United States Department of Education.
(2)
(a) The division, in consultation with the board, may approve a nursing education program for up to five years, for the purpose of qualifying graduates for licensure under this chapter, if the program:
(i) holds candidacy or is in the process of applying for candidacy for the accreditation described in Subsection (1);
(ii) has been denied initial accreditation after holding candidacy for the accreditation described in Subsection (1); or
(iii) is no longer accredited under Subsection (1); and
(b) has not previously received a term of approval granted by the division.
(3)
(a) For a nursing education program that has previously received a term of approval granted under Subsection (2), the division may reapprove the nursing education program for the purpose of qualifying graduates for licensure if:
(i) the reapproval is for a period that does not exceed five years; and
(ii) a minimum of 12 months has passed since the day on which the previous term of approval expired.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, in consultation with the board, shall make rules to implement Subsection (3)(a).
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this chapter, the division shall make rules defining the minimum standards for a medication aide certified training program to qualify a person for certification under this chapter as a medication aide certified.
Amended by Chapter 382, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 7 - Immunity Provisions › Section 701 - Immunity from liability.

58-31b-701.
Immunity from liability.
A person licensed, registered, or certified under this chapter:
(1) who provides emergency care in accordance with Section 78B-4-501 is entitled to the immunity from civil liability provided under that section; and
(2) is considered a health care provider under Chapter 13, Health Care Providers Immunity from Liability Act, and is entitled to the immunity from civil liability provided under that chapter.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 7 - Immunity Provisions › Section 702 - Reporting of disciplinary action -- Immunity from liability.

58-31b-702.
Reporting of disciplinary action -- Immunity from liability.
(1) A licensed health care facility or organization or a professional society of nurses in the state that takes disciplinary action against a person licensed under this chapter relating to any of the following shall report the action in writing to the division within 30 days after the action is taken:
(a) that person's professional acts or omissions as a licensed nurse;
(b) that person's nursing competence or ability to practice nursing safely; or
(c) that person's use of alcohol or drugs in an unlawful manner or to the extent the person is impaired in his ability to practice nursing safely.
(2) Any person or organization furnishing information in accordance with this section is immune from liability to the extent that the information is furnished in good faith and without malice.
Amended by Chapter 50, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 7 - Immunity Provisions › Section 703 - Opiate antagonist -- Exclusion from unprofessional or unlawful conduct.

Effective 5/3/2023
58-31b-703.
Opiate antagonist -- Exclusion from unprofessional or unlawful conduct.
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 58-17b-102.
(b) "Increased risk" means the same as that term is defined in Section 26B-4-501.
(c) "Opiate antagonist" means the same as that term is defined in Section 26B-4-501.
(d) "Opiate-related drug overdose event" means the same as that term is defined in Section 26B-4-501.
(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
(2) The prescribing or dispensing of an opiate antagonist by a licensee under this chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the opiate antagonist:
(a) in a good faith effort to assist:
(i) an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(ii) a family member of, friend of, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(b) to an overdose outreach provider pursuant to Section 26B-4-509.
(3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 8 - Practice Standards › Section 801 - Practice within limits of competency.

58-31b-801.
Practice within limits of competency.
(1) Each person licensed under this chapter is responsible for confining his practice as a nurse to those acts and practices permitted by law.
(2) A person licensed under this act may not engage in any act or practice for which he is not competent.
Enacted by Chapter 288, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 8 - Practice Standards › Section 802 - Consumer access to provider charges.

58-31b-802.
Consumer access to provider charges.
Beginning January 1, 2011, a nurse whose license under this chapter authorizes independent practice shall, when requested by a consumer:
(1) make a list of prices charged by the nurse available for the consumer which includes the nurse's 25 most frequently performed:
(a) clinic procedures or clinic services;
(b) out-patient procedures; and
(c) in-patient procedures; and
(2) provide the consumer with information regarding any discount available for:
(a) services not covered by insurance; or
(b) prompt payment of billed charges.
Enacted by Chapter 68, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31b - Nurse Practice Act › Part 8 - Practice Standards › Section 803 - Limitations on prescriptive authority for advanced practice registered nurses.

Effective 5/3/2023
58-31b-803.
Advanced practice registered nurse prescriptive authority.
(1) Except as provided in Subsection (2), a licensed advanced practice registered nurse may prescribe or administer a Schedule II controlled substance.
(2) This section does not apply to an advanced practice registered nurse specializing as a certified registered nurse anesthetist under Subsection 58-31b-102(11)(d).
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31d - Advanced Practice Registered Nurse Compact › Section 102 - Division rulemaking.

Effective 5/4/2022
58-31d-102.
Division rulemaking.
(1) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Section 58-31d-101.
(2) For purposes of Section 58-31d-101, "role" as defined in Article II(17) includes an individual who is:
(a) licensed to practice under Subsection 58-31b-301(2)(d) or (e); or
(b) licensed to practice under Section 58-44a-301.
(3) Notwithstanding any provision in Section 58-31d-101, Section 58-31d-101 does not supersede state law related to an individual's scope of practice under this title.
(4) Once the compact comes into effect as described in Section 58-31d-101, Article X(1), the division shall provide a notice that the compact is in effect:
(a) to an individual licensed under:
(i) Subsection 58-31b-301(2)(d) or (e);
(ii) Section 58-44a-301; and
(b) to the Health and Human Services Interim Committee; and
(c) on the division's website with information for potential applicants.
Repealed and Re-enacted by Chapter 438, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 31e - Nurse Licensure Compact - Revised › Section 103 - Implementation and rulemaking authority.

Effective 7/20/2017
58-31e-103.
Implementation and rulemaking authority.
(1) The term "head of the state licensing board," as used in Article VII b(1) of the Nurse Licensure Compact in Section 58-31e-102, means an individual who is an ex-officio member of the Board of Nursing created in Section 58-31b-201 and is appointed by the director to serve as the head of the state licensing board for purposes of Article VII b(1) of the Nurse Licensure Compact.
(2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to implement the provisions of this chapter.
Enacted by Chapter 26, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 2.5 - Restricted applicability.

58-37-2.5.
Restricted applicability.
This chapter does not restrict the sale and use of herbs, herbal products, or food supplements that are not scheduled in this chapter as controlled substances.
Amended by Chapter 101, 1990 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 3 - Controlled substances.

58-37-3.
Controlled substances.
(1) All substances listed in Section 58-37-4 or 58-37-4.2 are controlled.
(2) All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are controlled.
Amended by Chapter 12, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 3.6 - Exemption for possession or distribution of a cannabinoid product or expanded cannabinoid product pursuant to an approved study.

Effective 5/3/2023
58-37-3.6.
Exemption for possession or distribution of a cannabinoid product or expanded cannabinoid product pursuant to an approved study.
(1) As used in this section:
(a) "Cannabinoid product" means a product intended for human ingestion that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
(c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
(d) "Expanded cannabinoid product" means a product intended for human ingestion that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains less than 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
(e) "Medicinal dosage form" means:
(i) a tablet;
(ii) a capsule;
(iii) a concentrated oil;
(iv) a liquid suspension;
(v) a transdermal preparation; or
(vi) a sublingual preparation.
(f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the description in Subsection 58-37-4(2)(a)(iii)(AA).
(2) Notwithstanding any other provision of this chapter an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties described in this title for the possession or distribution of marijuana or tetrahydrocannabinol to the extent that the individual's possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 3.8 - Enforcement.

Effective 7/1/2023
58-37-3.8.
Enforcement.
(1) A law enforcement officer, as that term is defined in Section 53-13-103, except for an officially designated drug enforcement task force regarding conduct that is not in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, may not expend any state or local resources, including the officer's time, to:
(a) effect any arrest or seizure of cannabis, as that term is defined in Section 26B-4-201, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of federal law if the officer has reason to believe that the activity is in compliance with the state medical cannabis laws;
(b) enforce a law that restricts an individual's right to acquire, own, or possess a firearm based solely on the individual's possession or use of cannabis in accordance with state medical cannabis laws; or
(c) provide any information or logistical support related to an activity described in Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
(2) An agency or political subdivision of the state may not take an adverse action against a person for providing a professional service to a medical cannabis pharmacy, as that term is defined in Section 28B-4-201, the state central patient portal, as that term is defined in Section 26B-4-201, or a cannabis production establishment, as that term is defined in Section 4-41a-102, on the sole basis that the service is a violation of federal law.
Amended by Chapter 273, 2023 General Session
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 5.5 - Recognized controlled substance analogs.

58-37-5.5.
Recognized controlled substance analogs.
(1) A substance listed under Subsection (2) is an analog, as defined in Subsection 58-37-2(1)(g), if the substance, in any quantity, and in any material, compound, mixture, or preparation, is present in:
(a) any product manufactured, distributed, or possessed for the purpose of human consumption; or
(b) any product, the use or administration of which results in human consumption.
(2) Substances referred to in Subsection (1) include, but are not limited to:
(a) gamma butyrolactone (GBL);
(b) butyrolactone;
(c) 1,2 butanolide;
(d) 2-oxanolone;
(e) tetrahydro-2-furanone;
(f) dihydro-2 (3H)-furanone;
(g) tetramethylene glycol;
(h) 1,4 butanediol; and
(i) gamma valerolactone.
Amended by Chapter 250, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 8.5 - Applicability of Title 76 prosecutions under this chapter.

58-37-8.5.
Applicability of Title 76 prosecutions under this chapter.
Unless specifically excluded in or inconsistent with the provisions of this chapter, the provisions of Title 76, Chapter 1, General Provisions, Chapter 2, Principles of Criminal Responsibility, Chapter 3, Punishments, and Chapter 4, Inchoate Offenses, are fully applicable to prosecutions under this chapter.
Enacted by Chapter 64, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 9 - Investigators -- Status of peace officers.

58-37-9.
Investigators -- Status of peace officers.
Investigators for the Department of Commerce shall for the purpose of enforcing the provisions of this chapter have the status of peace officers.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 11 - District court jurisdiction to enjoin violations -- Jury trial.

58-37-11.
District court jurisdiction to enjoin violations -- Jury trial.
(1) The district courts of this state shall have jurisdiction in proceedings in accordance with the rules of those courts to enjoin violations of this act.
(2) If an alleged violation of an injunction or restraining order issued under this section occurs, the accused may demand a jury trial in accordance with the rules of the district courts.
Enacted by Chapter 145, 1971 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 12 - Enforcement -- Coordination and cooperation of federal and state agencies -- Powers.

58-37-12.
Enforcement -- Coordination and cooperation of federal and state agencies -- Powers.
The department and all law enforcement agencies charged with enforcing this act shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they are authorized to:
(1) Arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances.
(2) Coordinate and cooperate in training programs in controlled substance law enforcement at the local and state levels.
(3) Cooperate with the United States Department of Justice and the Utah Department of Public Safety by establishing a centralized unit which will receive, catalog, file, and collect statistics, including records of drug-dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes.
(4) Conduct programs of eradication aimed at destroying the wild or illicit growth of plant species from which controlled substances may be extracted.
Amended by Chapter 64, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 14 - Resort for illegal use or possession of controlled substances deemed common nuisance -- District court power to suppress and enjoin.

58-37-14.
Resort for illegal use or possession of controlled substances deemed common nuisance -- District court power to suppress and enjoin.
(1) Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place to which users or possessors of any controlled substances, listed in schedules I through V, resort or where use or possession of any substances violates this act, or which is used for illegal keeping, storing, or selling any substances listed as controlled substances in schedules I through V shall be deemed a common nuisance. No person shall open, keep, or maintain any such place.
(2) The district court has the power to make any order necessary or reasonable to suppress any nuisance and to enjoin any person or persons from doing any act calculated to cause, or permit the continuation of a nuisance.
Enacted by Chapter 145, 1971 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 15 - Burden of proof in proceedings on violations -- Enforcement officers exempt from liability.

58-37-15.
Burden of proof in proceedings on violations -- Enforcement officers exempt from liability.
(1) It is not necessary for the state to negate any exemption or exception set forth in this act in any complaint, information, indictment or other pleading or trial, hearing, or other proceeding under this act, and the burden of proof of any exemption or exception is upon the person claiming its benefit.
(2) In absence of proof that a person is the duly authorized holder of an appropriate license, registration, order form, or prescription issued under this act, he shall be presumed not to be the holder of a license, registration, order form, or prescription, and the burden of proof is upon him to rebut the presumption.
(3) No liability shall be imposed upon any duly authorized state or federal officer engaged in the enforcement of this act who is engaged in the enforcement of any law, municipal ordinance, or regulation relating to controlled substances.
Enacted by Chapter 145, 1971 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 17 - Judicial review.

58-37-17.
Judicial review.
(1) Any person aggrieved by a department's final order may obtain judicial review.
(2) Venue for judicial review of informal adjudicative proceedings is in the district court of Salt Lake County.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 18 - Prior prosecutions and proceedings continued -- Uniform construction.

58-37-18.
Prior prosecutions and proceedings continued -- Uniform construction.
(1)
(a) Prosecution for violation of any law or offense occurring prior to the effective date of this act shall not be affected by this act; provided, that sentences imposed after the effective date of this act may not exceed the maximum terms specified and the judge has discretion to impose any minimum sentence.
(b) Civil seizures, forfeitures, and injunctive proceedings commenced prior to the effective date of this act shall not be affected by this act.
(c) All administrative proceedings pending before any agency or court on the effective date of this act shall be continued and brought to final determination in accordance with laws and regulations in effect prior to the effective date of this act. Drugs placed under control prior to enactment of this act which are not listed within schedules I through V shall be automatically controlled and listed in the appropriate schedule without further proceedings.
(2) This act does not affect rights and duties that mature, penalties that are incurred, and proceedings that are begun before its effective date.
(3) This act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it where laws are similar to this act.
Enacted by Chapter 145, 1971 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 19 - Opiate prescription consultation -- Prescription for opioid antagonist required.

Effective 5/3/2023
58-37-19.
Opiate prescription consultation -- Prescription for opioid antagonist required.
(1) As used in this section:
(a) "Initial opiate prescription" means a prescription for an opiate to a patient who:
(i) has never previously been issued a prescription for an opiate; or
(ii) was previously issued a prescription for an opiate, but the date on which the current prescription is being issued is more than one year after the date on which an opiate was previously prescribed or administered to the patient.
(b) "Opioid antagonist" means the same as that term is defined in Section 26B-4-501.
(c) "Prescriber" means an individual authorized to prescribe a controlled substance under this chapter.
(2) Except as provided in Subsection (3), a prescriber may not issue an initial opiate prescription without discussing with the patient, or the patient's parent or guardian if the patient is under 18 years old and is not an emancipated minor:
(a) the risks of addiction and overdose associated with opiate drugs;
(b) the dangers of taking opiates with alcohol, benzodiazepines, and other central nervous system depressants;
(c) the reasons why the prescription is necessary;
(d) alternative treatments that may be available; and
(e) other risks associated with the use of the drugs being prescribed.
(3) Subsection (2) does not apply to a prescription for:
(a) a patient who is currently in active treatment for cancer;
(b) a patient who is receiving hospice care from a licensed hospice as defined in Section 26B-2-201; or
(c) a medication that is being prescribed to a patient for the treatment of the patient's substance abuse or opiate dependence.
(4)
(a) Beginning January 1, 2024, a prescriber shall offer to prescribe or dispense an opioid antagonist to a patient if the patient receives an initial opiate prescription for:
(i) 50 morphine milligram equivalents or more per day, calculated in accordance with guidelines developed by the United States Centers for Disease Control and Prevention; or
(ii) any opiate if the practitioner is also prescribing a benzodiazepine to the patient.
(b) Subsection (4)(a) does not apply if the initial opiate prescription:
(i) is administered directly to an ultimate user by a licensed practitioner; or
(ii) is for a three-day supply or less.
(c) This Subsection (4) does not require a patient to purchase or obtain an opioid antagonist as a condition of receiving the patient's initial opiate prescription.
Amended by Chapter 285, 2023 General Session
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 22 - Electronic prescriptions for controlled substances.

Effective 5/3/2023
58-37-22.
Electronic prescriptions for controlled substances.
(1) Beginning January 1, 2022, each prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription unless the prescription is:
(a) for a patient residing in an assisted living facility as that term is defined in Section 26B-2-201, a long-term care facility as that term is defined in Section 58-31b-102, or a correctional facility as that term is defined in Section 64-13-1;
(b) issued by a veterinarian licensed under Chapter 28, Veterinary Practice Act;
(c) dispensed by a Department of Veterans Affairs pharmacy;
(d) issued during a temporary technical or electronic failure at the practitioner's or pharmacy's location; or
(e) issued in an emergency situation.
(2) The division, in collaboration with the appropriate boards that govern the licensure of the licensees who are authorized by the division to prescribe or to dispense controlled substances, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) require that controlled substances prescribed or dispensed under Subsection (1)(d) indicate on the prescription that the prescribing practitioner or the pharmacy is experiencing a technical difficulty or an electronic failure;
(b) define an emergency situation for purposes of Subsection (1)(e);
(c) establish additional exemptions to the electronic prescription requirements established in this section;
(d) establish guidelines under which a prescribing practitioner or a pharmacy may obtain an extension of up to two additional years to comply with Subsection (1);
(e) establish a protocol to follow if the pharmacy that receives the electronic prescription is not able to fill the prescription; and
(f) establish requirements that comply with federal laws and regulations for software used to issue and dispense electronic prescriptions.
(3) Beginning July 1, 2024, a pharmacy software program for receiving an electronic prescription for a controlled substance shall be capable of electronically transferring a prescription to a different pharmacy:
(a) upon the request of the patient or the practitioner;
(b) with the approval of a pharmacist at the originating pharmacy; and
(c) if the prescription is unfilled.
Amended by Chapter 329, 2023 General Session