reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 804 - Consumer access to provider charges.

58-68-804.
Consumer access to provider charges.
Beginning January 1, 2011, an osteopathic physician licensed under this chapter shall, when requested by a consumer:
(1) make a list of prices charged by the osteopathic physician available for the consumer which includes the osteopathic physician'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 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 805 - Supervision of cosmetic medical procedures.

58-68-805.
Supervision of cosmetic medical procedures.
(1) Except as provided in Subsection (2), an osteopathic physician and surgeon may not delegate the performance of an ablative cosmetic medical procedure to an individual who is not licensed under this chapter or Chapter 67, Utah Medical Practice Act.
(2) A physician may delegate to an advanced practice registered nurse with an unrestricted license under Chapter 31b, Nurse Practice Act, the performance of an erbium full ablation resurfacing procedure or a CO2 fractionated resurfacing procedure, if the physician:
(a) prescribes that specific procedure for the patient who is to receive the procedure;
(b) ensures that the advanced practice registered nurse performs the procedure under the indirect supervision of the physician; and
(c) verifies that the advanced practice registered nurse is qualified to perform the procedure by having received at least 50 hours of training specific to the procedure to be performed and the laser to be used.
Enacted by Chapter 362, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 806 - Representation of medical specialization.

58-68-806.
Representation of medical specialization.
(1) A physician may not represent to another person that the physician is certified in a medical specialty or certified by a particular board unless:
(a) the physician includes in the representation the name of:
(i) the certification board or entity; and
(ii) the medical specialty or procedure for which the physician is certified; and
(b) the board or certification entity meets the requirements of Subsection (2).
(2) A certification entity or board under Subsection (1) shall meet the following qualifications:
(a) be included in the American Board of Medical Specialties or an American Osteopathic Association Certifying Board; or
(b)
(i) require an Accreditation Council for Graduate Medical Education or American Osteopathic Association approved post-graduate training program that provides complete training in the specialty or sub-specialty; and
(ii) be certified or had prior certification by the member board of the American Board of Medical Specialties or an American Osteopathic Association Certifying Board.
Enacted by Chapter 162, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 2 - Board › Section 201 - Board.

58-69-201.
Board.
(1) There is created the Dentist and Dental Hygienist Licensing Board, consisting of six licensed dentists, two licensed dental hygienists, and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
(b) In addition, the board shall designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division with respect to the conduct of investigations 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.
(5) Board members may serve as examiners for licensing examinations established under Section 58-69-302 when requested by the examining body.
(6) Board members serving as examiners shall be compensated in accordance with Subsection 58-1-201(4), but may not be compensated for per diem or allowable expenses if they are eligible to receive compensation from the examining body.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 3 - Licensing › Section 301 - License required -- License classifications -- Anesthesia and analgesia permits.

Effective 5/12/2020
58-69-301.
License required -- License classifications -- Anesthesia and analgesia permits.
(1) A license is required to engage in the practice of dentistry, including teledentistry, or dental hygiene except as specifically provided in Section 58-69-306 or 58-1-307.
(2) The division shall issue to individuals qualified under the provisions of this chapter a license in the classification:
(a) dentist; or
(b) dental hygienist.
(3) A permit is required to engage in administration of anesthesia or analgesia in the practice of dentistry or dental hygiene.
(4) The division in collaboration with the board shall establish by rule:
(a) the classifications of anesthesia and analgesia permits and the scope of practice permitted under each permit; and
(b) the qualifications for each classification of anesthesia and analgesia permit.
Amended by Chapter 273, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-69-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license and permit under this chapter in accordance with a two-year renewal cycle established by division 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) At the time of renewal, the licensee shall show compliance with continuing education renewal requirements.
(3) Each license expires on the expiration date shown on the license unless renewed in accordance with Section 58-1-308.
Amended by Chapter 268, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 3 - Licensing › Section 304 - Continuing education.

58-69-304.
Continuing education.
During each two-year licensure cycle or other cycle defined by rule, a licensee under this chapter shall complete qualified continuing professional education requirements established by division rule made in collaboration with the board.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 3 - Licensing › Section 306 - Exemptions from licensure.

Effective 5/12/2015
58-69-306.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307:
(1) an individual performing mechanical work on inert matter in a laboratory pursuant to a written prescription from a licensed dentist may engage in acts and practices included in the practice of dentistry or dental hygiene without being licensed under this chapter;
(2) an individual licensed in good standing as a dentist in another state, with no licensing action pending and no less than two years of professional experience, may engage in the practice of dentistry without being licensed under this chapter if:
(a) the services are rendered as a public service and for a noncommercial purpose;
(b) no fee or other consideration of value is charged, received, expected, or contemplated for the services rendered beyond an amount necessary to cover the proportionate cost of malpractice insurance; and
(c) the individual does not otherwise engage in unlawful or unprofessional conduct; and
(3) an individual who is appointed to a faculty position at an accredited dental school may practice dentistry within the scope of the individual's employment at the accredited dental school or at a hospital or clinic affiliated with the accredited dental school if the individual:
(a) holds a license to practice dentistry in another jurisdiction;
(b) is permitted to the work in the United States under federal immigration law; and
(c)
(i)
(A) successfully completes Part I and Part II of the National Board Dental Examination; and
(B) holds a degree in a dental specialty area, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii)
(A) holds a certificate, master's degree, or doctorate degree from an accredited higher education or dental education institution in an area that supports dental education; and
(B) practices only under the supervision of an individual licensed as a dentist under this chapter; or
(iii)
(A) has established expertise in an area of dentistry that is recognized by a United States higher education or dental education institution or by a national professional board or association; and
(B) practices only under the supervision of an individual licensed as a dentist under this chapter.
Amended by Chapter 320, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 3 - Licensing › Section 307 - Status of licenses held on the effective date of this chapter.

58-69-307.
Status of licenses held on the effective date of this chapter.
An individual holding a current license or permit as a dentist or dental hygienist that was issued under any prior state law is considered to hold a current license or permit in the same classification under this chapter.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-69-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for division action regarding the following are under Section 58-1-401:
(1) refusing to issue a license to an applicant or refusing to renew the license of a licensee;
(2) revoking, suspending, restricting, or placing on probation the license of a licensee;
(3) issuing a public or private reprimand to a licensee; and
(4) issuing a cease and desist order.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/12/2015
58-69-501.
Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
(1) administering anesthesia or analgesia in the practice of dentistry or dental hygiene if the individual does not hold a current permit issued by the division authorizing that individual to administer the type of anesthesia or analgesia used;
(2) practice of dental hygiene by a licensed dental hygienist when not under the supervision of a dentist, or under a written agreement with a dentist who is licensed under this chapter and who is a Utah resident, in accordance with the provisions of this chapter; or
(3) directing or interfering with a licensed dentist's judgment and competent practice of dentistry.
Amended by Chapter 343, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/12/2020
58-69-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(a) sharing professional fees with an unlicensed person or paying any person for sending or referring a patient;
(b) making an unsubstantiated claim of superiority in training or skill as a dentist or dental hygienist or in the performance of professional services;
(c) refusing authorized agents of the division or state or local health authorities access to the facilities related to the practice of dentistry or dental hygiene during normal business hours for the purpose of inspection;
(d) failing to maintain facilities, instruments, equipment, supplies, appliances, or other property or conditions related to the practice of dentistry in a sanitary condition consistent with the standards and ethics of the professions of dentistry or dental hygiene; or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
(2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority:
(a) includes for the practice of dentistry:
(i) advertising or otherwise holding oneself out to the public as practicing a dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and
(ii) using the following words in advertising "Endodontist," "Orthodontist," "Oral and Maxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice Limited to," "Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and
(b) does not include a dentist who advertises as being qualified in a recognized specialty area of dental practice so long as each such advertisement, regardless of form, contains a prominent disclaimer that the dentist is licensed as a general dentist or that the specialty services will be provided by a general dentist.
Amended by Chapter 25, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

58-69-503.
Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) and Section 58-69-501 with regard to the practice of dentistry is guilty of a third degree felony.
(2) Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) with regard to the practice of dental hygiene is guilty of a class A misdemeanor.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 7 - Immunity Provisions › Section 701 - Immunity provisions apply.

58-69-701.
Immunity provisions apply.
The provisions of Chapter 13, Health Care Providers Immunity from Liability Act, apply to licensees under this chapter.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 7 - Immunity Provisions › Section 702 - Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

Effective 5/3/2023
58-69-702.
Opiate antagonist -- Exclusion from unlawful or unprofessional 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 an individual licensed under this chapter to engage in the practice of dentistry 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 Subsection 26B-4-509(2)(a)(iii).
(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 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 802 - Practice within limits of law, education, training, experience, and competency -- Standard of care.

Effective 5/12/2020
58-69-802.
Practice within limits of law, education, training, experience, and competency -- Standard of care.
(1) Each individual licensed under this chapter shall confine his practice to those acts or practices:
(a) permitted by law; and
(b) in which the individual is competent by education, training, and experience.
(2)
(a) The standard of dental care a licensed dental professional provides through teledentistry is the same as the standard of dental care a licensed dental professional provides in a traditional physical setting.
(b)
(i) A treating dentist may use teledentistry to collaborate with a dental hygienist within the relevant applicable scopes of practice and under the appropriate level of dentist supervision, in accordance with existing supervision laws.
(ii) A dental hygienist, other dental auxiliary, or any other teledentistry provider may not carry out any duties through teledentistry that require the in-person supervision of a dentist licensed under this chapter.
(c) A dentist may not conduct a dental examination using teledentistry if the standard of care necessitates a traditional physical dental examination.
Amended by Chapter 273, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 803 - Use of unlicensed individuals.

58-69-803.
Use of unlicensed individuals.
The standards regulating the use of unlicensed individuals as dental assistants shall be established by division rule made in collaboration with the board.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 804 - Form of practice.

58-69-804.
Form of practice.
(1) A dentist licensed under this chapter may engage in practice as a dentist, or in the practice of dentistry only as an individual licensee, but as an individual licensee, he may be:
(a) an individual operating as a business proprietor;
(b) an employee of another person;
(c) a partner in a lawfully organized partnership;
(d) a lawfully formed professional corporation;
(e) a lawfully organized limited liability company;
(f) a lawfully organized business corporation; or
(g) any other form of organization recognized by the state which is not prohibited by rule adopted by division rules made in collaboration with the board.
(2) Regardless of the form in which a licensee engages in the practice of dentistry, the licensee may not permit another person who is not licensed in Utah as a dentist and is not otherwise competent to engage in the practice of dentistry to direct, or in any other way participate in, or interfere in the licensee's practice of dentistry.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 805 - Disclosure of financial interest by licensee.

58-69-805.
Disclosure of financial interest by licensee.
(1) Licensees under this chapter may not refer patients to any clinical laboratory or health care facility in which the licensee or a member of the licensee's immediate family has any financial relationship as that term is described in 42 U.S.C. 1395nn, unless the licensee at the time of making the referral discloses that relationship, in writing, to the patient.
(2) The written disclosure under Subsection (1) shall also state the patient may choose any facility or laboratory for the work or treatment.
Enacted by Chapter 116, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 806 - Consumer access to provider charges.

58-69-806.
Consumer access to provider charges.
Beginning January 1, 2011, a dentist licensed under this chapter shall, when requested by a consumer:
(1) make a list of prices charged by the dentist available for the consumer which includes the dentist'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 69 - Dentist and Dental Hygienist Practice Act › Part 8 - Practice Standards › Section 807 - Use of teledentistry -- Informed consent -- Rulemaking.

Effective 5/12/2020
58-69-807.
Use of teledentistry -- Informed consent -- Rulemaking.
(1) A dentist may provide dental services using teledentistry, including the following:
(a) collaborating with a licensed dental professional in the completion of the following at a public health setting, generally with a written collaborative agreement, directly, or indirectly, in accordance with this chapter:
(i) gathering diagnostic information to be used by the dentist at a remote location to form a tentative basic treatment plan and provide appropriate preventive or urgent prescriptions;
(ii) perform preventive dental procedures;
(iii) provide oral health education; and
(iv) perform any palliative or interim treatment or caries arresting treatment outlined in the dentist's treatment plan and authorized by the dentist, in accordance with this chapter and rules made in accordance with this chapter; and
(b) at a remote location, using records and diagnostic information that a dental hygienist provides to form a tentative treatment plan for basic dental procedures.
(2) A licensed dental professional or any entity employing a licensed dental professional may not require a patient to sign an agreement that limits the patient's ability to file a complaint with the division.
(3) When a licensed dental professional uses teledentistry, the licensed dental professional shall ensure informed consent covers the following additional information:
(a) a description of the types of dental care services provided through teledentistry, including limitations on services;
(b) the name, contact information, licensure, credentials, and qualifications of all dentists and dental hygienists involved in the patient's dental care; and
(c) precautions and protocols for technological failures or emergency situations.
(4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish requirements and parameters regarding teledentistry to ensure the safe use of teledentistry, including additional provisions for:
(a) transparency, disclosure, and informed consent;
(b) standard of care;
(c) proper documentation;
(d) supervision and scope of practice;
(e) patient complaints; and
(f) protocols for referrals.
Enacted by Chapter 273, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
58-70a-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Physician Assistant Licensing Board created in Section 58-70a-201.
(2) "Competence" means possessing the requisite cognitive, non-cognitive, and communicative abilities and qualities to perform effectively within the scope of practice of the physician assistant's practice while adhering to professional and ethical standards.
(3) "Health care facility" means the same as that term is defined in Section 26B-2-201.
(4) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(5) "Physician" means the same as that term is defined in Section 58-67-102.
(6) "Physician assistant" means an individual who is licensed to practice under this chapter.
(7) "Practice as a physician assistant" means the professional activities and conduct of a physician assistant, also known as a PA, in diagnosing, treating, advising, or prescribing for any human disease, ailment, injury, infirmity, deformity, pain, or other condition under the provisions of this chapter.
(8) "Practice of mental health therapy" means the same as that term is defined in Section 58-60-102.
(9) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-70a-502.
(10) "Unprofessional conduct" means "unprofessional conduct":
(a) as defined in Sections 58-1-501 and 58-70a-503; and
(b) as further defined by the division by rule.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 2 - Board › Section 201 - Board.

Effective 5/5/2021
58-70a-201.
Board.
(1) There is created the Physician Assistant Licensing Board, which consists of seven members:
(a) three licensed physicians, including at least one board certified psychiatrist, who currently work or have previously worked collaboratively with a physician assistant;
(b) three physician assistants, one of whom is involved in the administration of an approved physician assistant education program within the state; and
(c) one person from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203.
(b) The board shall designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in the division's investigation of these complaints.
(4)
(a) 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.
(b) The board member described in Subsection (4)(a) may be disqualified:
(i) on the member's own motion, due to actual or perceived bias or lack of objectivity; or
(ii) upon challenge for cause raised on the record by any party to the adjudicative proceeding.
Amended by Chapter 312, 2021 General Session
Amended by Chapter 313, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

Effective 5/9/2017
58-70a-301.
Licensure required -- License classifications.
(1) A license is required to engage in practice as a physician assistant, except as specifically provided in Section 58-70a-305 or 58-1-307.
(2) The division shall issue to an individual who qualifies under this chapter a license in the classification of physician assistant.
Amended by Chapter 309, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 301.1 - Criminal background check.

Effective 5/3/2023
58-70a-301.1.
Criminal background check.
(1) An applicant for licensure under this chapter who requires a criminal background check shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history background checks to the division.
(4) For purposes of conducting a criminal background check required under this section, the division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) The division may not:
(a) disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section; or
(b) issue a letter of qualification to participate in the PA Licensure Compact under Chapter 70c, PA Licensure Compact, until the criminal background check described in this section is completed.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/3/2023
58-70a-302.
Qualifications for licensure.
Each applicant for licensure as a physician assistant shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee determined by the department under Section 63J-1-504;
(3) have successfully completed a physician assistant program accredited by:
(a) the Accreditation Review Commission on Education for the Physician Assistant; or
(b) if prior to January 1, 2001, either the:
(i) Committee on Accreditation of Allied Health Education Programs; or
(ii) Committee on Allied Health Education and Accreditation;
(4) have passed the licensing examinations required by division rule made in collaboration with the board;
(5) meet with the board and representatives of the division, if requested, for the purpose of evaluating the applicant's qualifications for licensure; and
(6) if the applicant is applying to participate in the PA Licensure Compact under Chapter 70c, PA Licensure Compact, consent to a criminal background check in accordance with Section 58-70a-301.1 and any requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/3/2023
58-70a-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division 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) At the time of renewal, the licensee shall show compliance with continuing education renewal requirements.
(3) Each license issued under this chapter expires on the expiration date shown on the license unless renewed in accordance with Section 58-1-308.
(4) The division shall accept and apply toward an hour requirement that the division establishes under Subsection (2) continuing education that a physician assistant completes in accordance with Section 26B-4-204.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 304 - License renewal -- Continuing education.

Effective 5/14/2019
58-70a-304.
License renewal -- Continuing education.
(1) Prior to license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by division rule:
(a) view a suicide prevention video described in Section 58-1-601 and submit proof in the form required by the division; and
(b) complete qualified continuing professional education requirements as defined by division rule made in collaboration with the board.
(2) If a renewal period is extended or shortened under Section 58-70a-303, the continuing education hours required for license renewal under this section are increased or decreased proportionally.
Amended by Chapter 447, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

Effective 5/5/2021
58-70a-305.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, an individual described in Subsection (2) may engage in acts included within the definition of practice as a physician assistant, subject to the stated circumstances and limitations, without being licensed under this chapter.
(2) Subsection (1) applies to a student enrolled in an accredited physician assistant education program while engaged in activities as a physician assistant:
(a) that are a part of the education program;
(b) that are conducted at an affiliated medical facility under the direct supervision of a:
(i) physician associated with the program; or
(ii) licensed physician assistant associated with the medical faculty; and
(c) for which the program accepts in writing the responsibility for the student.
Amended by Chapter 312, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 306 - Temporary license.

Effective 5/5/2021
58-70a-306.
Temporary license.
(1) An applicant for licensure as a physician assistant who has met all qualifications for licensure except passing an examination component as required in Section 58-70a-302, may apply for and be granted a temporary license to practice under Subsection (2).
(2)
(a) The applicant shall submit to the division evidence of completion of a physician assistant program as defined in Subsection 58-70a-302(3).
(b)
(i) The temporary license shall be issued for a period not to exceed 120 days to allow the applicant to pass the Physician Assistant National Certifying Examination.
(ii) The temporary license may not be renewed or extended.
(c) A temporary license holder shall work under the direct supervision of a physician.
Amended by Chapter 312, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 3 - Licensing › Section 307 - Collaboration requirements -- Clinical practice experience -- Requirements for independent practice in a new specialty.

Effective 5/5/2021
58-70a-307.
Collaboration requirements -- Clinical practice experience -- Requirements for independent practice in a new specialty.
(1) As used in this section, "collaboration" means the interaction and relationship that a physician assistant has with one or more physicians in which:
(a) the physician assistant and physician are cognizant of the physician assistant's qualifications and limitations in caring for patients;
(b) the physician assistant, while responsible for care that the physician assistant provides, consults with the physician or physicians regarding patient care; and
(c) the physician or physicians give direction and guidance to the physician assistant.
(2) A physician assistant with less than 10,000 hours of post-graduate clinical practice experience shall:
(a) practice under written policies and procedures established at a practice level that:
(i) describe how collaboration will occur in accordance with this section and Subsections 58-70a-501(2) and (3);
(ii) describe methods for evaluating the physician assistant's competency, knowledge, and skills;
(b) provide a copy of the written policies and procedures and documentation of compliance with this Subsection (2) to the board upon the board's request; and
(c) except as provided in Subsection 58-70a-501.1(4)(d) for a physician assistant specializing in mental health care, engage in collaboration with a physician for the first 4,000 hours of the physician assistant's post-graduate clinical practice experience.
(3)
(a) Except as provided in Subsection 58-70a-501.1(4)(d) for a physician assistant specializing in mental health care, a physician assistant who has more than 4,000 hours of practice experience and less than 10,000 hours of practice experience shall enter into a written collaborative agreement with:
(i) a physician; or
(ii) a licensed physician assistant with more than 10,000 hours of practice experience in the same specialty as the physician assistant.
(b) The collaborative agreement described in Subsection (3)(a) shall:
(i) describe how collaboration under this section and Subsections 58-70a-501(2) and (3) will occur;
(ii) be kept on file at the physician assistant's practice location; and
(iii) be provided by the physician assistant to the board upon the board's request.
(4) A physician assistant who wishes to change specialties to another specialty in which the PA has less than 4,000 hours of experience shall engage in collaboration for a minimum of 4,000 hours with a physician who is trained and experienced in the specialty to which the physician assistant is changing.
Enacted by Chapter 312, 2021 General Session
Amended by Chapter 313, 2021 General Session, (Coordination Clause)
Amended by Chapter 344, 2020 General Session, (Coordination Clause)
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Effective 5/5/2021
58-70a-401.
Grounds for denial of license -- Disciplinary proceedings.
(1) Subject to Subsection (2), grounds for the following division actions regarding a licensee are under Section 58-1-401:
(a) refusing to issue a license to an applicant;
(b) refusing to renew the license of a licensee;
(c) revoking, suspending, restricting, or placing on probation the license of a licensee;
(d) issuing a public or private reprimand to a licensee; and
(e) issuing a cease and desist order.
(2) The division may not refuse, revoke, suspend, or in any way restrict an applicant or licensee's license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.
Amended by Chapter 404, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 501.2 - Scope of practice for a physician assistant specializing in mental health care.

Effective 5/5/2021
58-70a-501.2.
Scope of practice for a physician assistant specializing in mental health care.
(1)
(a) A physician assistant specializing in mental health care under Section 58-70a-501.1 may engage in the practice of mental health therapy consistent with the physician assistant's education, experience, and competence.
(b) Section 58-70a-501 applies to a physician assistant specializing in mental health care in addition to this section.
(2) A physician assistant specializing in mental health care is responsible for meeting the local standards of care in the provision of services, including mental health therapy and psychopharmacology.
(3)
(a) Except as provided in Subsection (3)(b), a physician assistant specializing in mental health care may administer a behavioral health screening instrument.
(b) A physician assistant specializing in mental health care may not perform a psychological or neuropsychological assessment or evaluation, including:
(i) an intellectual assessment;
(ii) a forensic assessment or evaluation; and
(iii) administration of a psychological or neuropsychological test or instrument that requires qualification level B or qualification level C under the Standards for Educational and Psychological Testing approved as policy by the American Psychological Association.
(4)
(a) A physician assistant may not administer neurostimulation or neuromodulation.
(b) Subsection (4)(a) does not apply to neurostimulation or neuromodulation administered by a physician assistant:
(i) in a health care facility; and
(ii) under supervision of a physician whose usual scope of practice includes neurostimulation or neuromodulation.
(5) As a condition of probation or reinstatement of a license, the division may require that, for a specified duration, a physician assistant specializing in mental health care collaborate with or practice under the supervision of a physician who is board certified in psychiatry.
(6) A physician assistant who is in the process of completing the clinical training requirement in Subsection 58-70a-501.1(1)(d), may engage in the practice of mental health therapy if the physician assistant:
(a) meets the requirements described in Subsections 58-70a-501.1(1)(a) through (c);
(b) engages in the practice of mental health therapy under the supervision of:
(i) a mental health therapist who has been trained in and has at least two years of practice experience in psychotherapy; or
(ii) a physician who is board certified in psychiatry; and
(c) engages in the practice of mental health therapy in accordance with rules made by the division regarding the supervision described in Subsection (6)(b).
Enacted by Chapter 313, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unlawful conduct.

Effective 5/5/2021
58-70a-502.
Unlawful conduct.
Reserved.
Amended by Chapter 312, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Unprofessional conduct.

Effective 5/3/2023
58-70a-503.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) violation of a patient confidence to any person who does not have a legal right and a professional need to know the information concerning the patient;
(b) knowingly prescribing, selling, giving away, or directly or indirectly administering, or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts prescribed or provided;
(c) prescribing prescription drugs for oneself or administering prescription drugs to oneself, except those that have been legally prescribed for the physician assistant by a licensed practitioner and that are used in accordance with the prescription order for the condition diagnosed;
(d) in a practice that has physician assistant ownership interests, failure to allow a physician the independent final decision making authority on treatment decisions for the physician's patient;
(e) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(f) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1); and
(g) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
(2)
(a) "Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26B-4-201, recommending the use of medical cannabis.
(b) Notwithstanding Subsection (2)(a), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician assistant described in Subsection (2)(a).
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 504 - Penalty for unlawful conduct.

58-70a-504.
Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provision defined in Subsection 58-1-501(1)(a) is guilty of a third degree felony.
(2) Any person who violates any of the unlawful conduct provisions defined in Subsections 58-1-501(1)(b) through (1)(e) or Section 58-70a-502 is guilty of a class A misdemeanor.
Enacted by Chapter 229, 1997 General Session