reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 306 - Surrender of license.

58-1-306.
Surrender of license.
(1) The division may, by written agreement, accept the voluntary surrender of a license.
(2) Unless otherwise stated in the written agreement, tender and acceptance of a voluntary surrender of a license does not foreclose the division from pursuing additional disciplinary or other action authorized under this title or in rules adopted under this title.
(3) Unless otherwise stated in the written agreement, tender and acceptance of a voluntary surrender of a license terminates all rights and privileges associated with the license.
(4) Unless otherwise stated in the written agreement, the surrendered rights and privileges of licensure may be reacquired only by reapplying for licensure and meeting the requirements for a new or reinstated license set forth under this title or in rules adopted under this title.
(5) Unless otherwise stated in the written agreement, documentation of tender and acceptance of a voluntary surrender of a license is a public record.
(6) Unless otherwise stated in the written agreement, when a tender and acceptance of a voluntary surrender of a license occurs while adjudicative proceedings are pending against the licensee for unprofessional or unlawful conduct, the division may report the surrender of license to appropriate state and federal agencies and licensing data banks.
Enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 307.1 - Delegation of health care services -- Division duties.

Effective 5/12/2020
58-1-307.1.
Delegation of health care services -- Division duties.
The division, in consultation with the Department of Health, shall identify by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a list of health care services that an unlicensed individual may perform without delegation by a health care provider, as defined in Section 78B-3-403, regardless of the setting or licensing of the facility in which the health care services are performed.
Enacted by Chapter 314, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 309 - Laws and rules examination.

58-1-309.
Laws and rules examination.
In addition to qualifications for licensure or renewal of licensure enumerated in specific practice acts under this title, the division may by rule require an applicant to pass an examination of the laws and rules relevant to the occupation or profession to ensure familiarity with these laws and rules.
Enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 310 - Application for division determination regarding criminal conviction.

Effective 5/14/2019
58-1-310.
Application for division determination regarding criminal conviction.
(1) An individual with a criminal record may apply to the division at any time for a determination of whether the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title if the individual has completed or were to complete all other licensing requirements for the occupation or profession.
(2) To receive a determination, the individual shall submit the application described in this section in a form prescribed by the division and shall include information regarding:
(a) the individual's complete criminal conviction history;
(b) what occupational or professional license the individual is interested in seeking;
(c) what licensing requirements have been met by the individual;
(d) what licensing requirements have not yet been met by the individual; and
(e) any other information required by the division as established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) The division may charge the individual a fee, established in accordance with Section 63J-1-504, to submit an application under this section.
(4) Within 30 days of the day on which the division receives a completed application from an individual for a determination under this section, based on the statutory authority and administrative rules governing the occupation or profession at the time of the application, the division shall provide a written determination to the individual of whether the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title if the individual were to complete all other licensing requirements.
(5) If the individual's criminal record would disqualify the individual from obtaining a license in an occupation or profession regulated by this title, the written determination described in Subsection (4) may also include information regarding additional steps the individual could take to qualify for licensure.
Enacted by Chapter 198, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 311 - Required examinations in languages in addition to English.

Effective 5/5/2021
58-1-311.
Required examinations in languages in addition to English.
In order to encourage economic development in the state, the department may offer any required examination under this title, which is prepared by a national testing organization, in languages in addition to English.
Amended by Chapter 409, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 3 - Licensing › Section 312 - Organ donation notification.

Effective 5/3/2023
58-1-312.
Organ donation notification.
(1) As used in this section:
(a) "Donor" means the same as that term is defined in Section 26B-8-301.
(b) "Donor registry" means the same as that term is defined in Section 26B-8-301.
(2) At the same time the division issues a new license to a licensee in accordance with Subsection 58-1-301(4), and at the same time the division notifies a licensee that the licensee's license is due for renewal in accordance with Subsection 58-1-308(3)(a), the division shall distribute to the licensee, by email using the most recent email address furnished to the division by the licensee, a message notifying the licensee of the option to register as a donor and providing the licensee an Internet link to a website for a donor registry established under Section 26B-8-319.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 4 - License Denial › Section 402 - Administrative review -- Special appeals boards.

Effective 5/12/2020
58-1-402.
Administrative review -- Special appeals boards.
(1)
(a) Any applicant who has been denied a license to practice on the basis of credentials, character, a criminal record, or failure to pass a required examination, or who has been refused renewal or reinstatement of a license to practice on the basis that the applicant does not meet qualifications for continued licensure in any occupation or profession under the jurisdiction of the division may submit a request for agency review to the executive director within 30 days following notification of the denial of a license or refusal to renew or reinstate a license.
(b) The executive director shall determine whether the circumstances for denying an application for an initial license or for renewal or reinstatement of a license would justify calling a special appeals board under Subsection (2). The executive director's decision is not subject to agency review.
(2) A special appeals board shall consist of three members appointed by the executive director as follows:
(a) one member from the occupation or profession in question who is not on the board of that occupation or profession;
(b) one member from the general public who is neither an attorney nor a practitioner in an occupation or profession regulated by the division; and
(c) one member who is a resident lawyer currently licensed to practice law in this state who shall serve as chair of the special appeals board.
(3) The special appeals board shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its proceedings.
(4)
(a) Within a reasonable amount of time following the conclusion of a hearing before a special appeals board, the board shall enter an order based upon the record developed at the hearing. The order shall state whether a legal basis exists for denying the application for an initial license or for renewal or reinstatement of a license that is the subject of the appeal. The order is not subject to further agency review.
(b) The division or the applicant may obtain judicial review of the decision of the special appeals board in accordance with Sections 63G-4-401 and 63G-4-403.
(5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(6) If an applicant under Subsection (1) is not given a special appeals board, the applicant shall be given agency review under the ordinary agency review procedures specified by rule.
Amended by Chapter 289, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 4 - License Denial › Section 403 - Minimum 90-day suspension.

58-1-403.
Minimum 90-day suspension.
A license may not be reinstated subsequent to action taken under Section 58-1-401 within 90 days after the action has been taken, unless the division in collaboration with the appropriate board imposes other conditions.
Renumbered and Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 4 - License Denial › Section 405 - Provisions of volunteer health or veterinary services -- Division authority.

Effective 5/3/2023
58-1-405.
Provisions of volunteer health or veterinary services -- Division authority.
In accordance with Section 26B-4-807, the division may pursue actions against a volunteer health practitioner operating under Title 26B, Chapter 4, Part 8, Uniform Emergency Volunteer Health Practitioners Act.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501.6 - Health care provider advertisements and disclosure -- Unprofessional conduct.

58-1-501.6.
Health care provider advertisements and disclosure -- Unprofessional conduct.
For purposes of this section:
(1)
(a) "Advertisement" includes:
(i) billboards;
(ii) written documents such as:
(A) brochures;
(B) pamphlets;
(C) direct mail solicitations;
(D) radio, television, and telephone solicitation scripts; and
(E) telephone directories;
(iii) media, including television, radio, and Internet websites; and
(iv) any other means of promotion intended to directly or indirectly induce a person to enter into an agreement for services with a health care provider.
(b) "Advertisement" does not include materials that provide information about health care provider networks established by health insurance carriers.
(2) "Health care provider" means a natural person who is:
(a) defined as a health care provider in Section 78B-3-403; and
(b) licensed under this title.
(3)
(a) This section does not provide authority for a health care provider to advertise the services offered by the health care provider.
(b) If a health care provider's licensing authority and professional ethics permit the health care provider to advertise, the provisions of this section apply to any advertisement for the health care provider's services, on or after July 1, 2011.
(4) An advertisement for a health care provider's services that includes the health care provider's name shall identify the license type, as used by the division, under which the health care provider is practicing.
(5)
(a) A physician licensed under Chapter 67, Utah Medical Practice Act, may comply with the requirements of this section by using any one of the designations in the definitions of "practice of medicine" in Section 58-67-102.
(b) A physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act, may comply with this section by using any of the designations in the definition of "practice of osteopathic medicine" in Section 58-68-102.
(6) It is unprofessional conduct if a health care provider violates this section.
Enacted by Chapter 139, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Maximum civil penalty for violation of court order.

58-1-503.
Maximum civil penalty for violation of court order.
(1) If any written order issued under this title or if an injunction or temporary restraining order issued by a court of competent jurisdiction relating to this title is violated, the court may impose a civil penalty of not more than $2,000 for each day the written order, injunction, or temporary restraining order is violated, if the person in violation has received notice of the written order, injunction, or temporary restraining order.
(2) All penalties ordered under this section shall be deposited into the General Fund.
Renumbered and Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 504 - Court-ordered discipline.

58-1-504.
Court-ordered discipline.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this title if so ordered by a court.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 505 - Cosmetic medical procedure supervisor.

58-1-505.
Cosmetic medical procedure supervisor.
(1) For purposes of this section and Section 58-1-506:
(a) "Cosmetic medical facility" means a physician's office or a facility that has a supervisor who performs the supervision required in Section 58-1-506.
(b) "Supervisor" means:
(i) a physician with an unrestricted license under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act, who is acting within the scope of the practice of medicine, as defined in Section 58-67-102; and
(ii) an advanced practice registered nurse with an unrestricted license under Chapter 31b, Nurse Practice Act, who is acting within the scope of practice of advanced practice registered nursing, as defined in Section 58-31b-102.
(2)
(a) An individual authorized by this title to perform a cosmetic medical procedure shall be supervised by a supervisor when performing a medical procedure.
(b) Cosmetic medical procedures may only be performed in a cosmetic medical facility.
(c) A supervisor may delegate the supervisory role only to another individual who is qualified as a supervisor.
Enacted by Chapter 362, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 507 - Cosmetic medical procedure -- Truth in advertising.

58-1-507.
Cosmetic medical procedure -- Truth in advertising.
Beginning July 1, 2013, a facility that performs a cosmetic medical procedure as defined in Section 58-67-102 may not advertise or hold itself out to the public as a "medical spa," "medical facility," or "medical clinic" unless the facility has an individual on the premises while a cosmetic medical procedure is performed who is licensed under:
(1)Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse, practicing as a nurse practitioner;
(2)Chapter 67, Utah Medical Practice Act; or
(3)Chapter 68, Utah Osteopathic Medical Practice Act.
Enacted by Chapter 362, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 508 - Failure to follow certain health care claims practices -- Penalties.

Effective 5/5/2021
58-1-508.
Failure to follow certain health care claims practices -- Penalties.
(1) As used in this section, "health care provider" means an individual who is licensed to provide health care services under this title.
(2) The division may assess a fine of up to $500 per violation against a health care provider that violates Section 31A-26-313.
(3) The division shall waive the fine described in Subsection (2) if:
(a) the health care provider demonstrates to the division that the health care provider mitigated and reversed any damage to the insured caused by the health care provider or third party's violation; or
(b) the insured does not pay the full amount due on the bill that is the subject of the violation, including any interest, fees, costs, and expenses, within 120 days after the day on which the health care provider or third party makes a report to a credit bureau or takes an action in violation of Section 31A-26-313.
Amended by Chapter 353, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 509 - Patient consent for certain medical examinations.

Effective 5/3/2023
Superseded 7/1/2024
58-1-509.
Patient consent for certain medical examinations.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual who is:
(A) a healthcare provider as defined in Section 78B-3-403; and
(B) licensed under this title;
(ii) emergency medical service personnel as defined in Section 26B-4-101; or
(iii) an individual described in Subsection 58-1-307(1)(b) or (c).
(b) "Patient examination" means a medical examination that requires contact with the patient's sexual organs.
(2) A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:
(a) the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3);
(b) a court orders performance of the patient examination for the collection of evidence;
(c) the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(d) the patient examination is immediately necessary for diagnosis or treatment of the patient.
(3) To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:
(a) provide the patient or the patient's representative with a written or electronic document that:
(i) is provided separately from any other notice or agreement;
(ii) contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(iii) specifies the nature and purpose of the patient examination;
(iv) names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;
(v) states whether there may be a student or resident that the patient or the patient's representative authorizes to:
(A) perform an additional patient examination; or
(B) observe or otherwise be present at the patient examination, either in person or through electronic means; and
(vi) provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to:
(A) consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;
(B) consent to the patient examination only for diagnosis or treatment; or
(C) refuse to consent to the patient examination;
(b) obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and
(c) sign the written or electronic document.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 509 - Patient consent for certain medical examinations.

Effective 7/1/2024
58-1-509.
Patient consent for certain medical examinations.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual who is:
(A) a healthcare provider as defined in Section 78B-3-403; and
(B) licensed under this title;
(ii) emergency medical service personnel as defined in Section 53-2d-101; or
(iii) an individual described in Subsection 58-1-307(1)(b) or (c).
(b) "Patient examination" means a medical examination that requires contact with the patient's sexual organs.
(2) A health care provider may not perform a patient examination on an anesthetized or unconscious patient unless:
(a) the health care provider obtains consent from the patient or the patient's representative in accordance with Subsection (3);
(b) a court orders performance of the patient examination for the collection of evidence;
(c) the performance of the patient examination is within the scope of care for a procedure or diagnostic examination scheduled to be performed on the patient; or
(d) the patient examination is immediately necessary for diagnosis or treatment of the patient.
(3) To obtain consent to perform a patient examination on an anesthetized or unconscious patient, before performing the patient examination, the health care provider shall:
(a) provide the patient or the patient's representative with a written or electronic document that:
(i) is provided separately from any other notice or agreement;
(ii) contains the following heading at the top of the document in not smaller than 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(iii) specifies the nature and purpose of the patient examination;
(iv) names one or more primary health care providers whom the patient or the patient's representative may authorize to perform the patient examination;
(v) states whether there may be a student or resident that the patient or the patient's representative authorizes to:
(A) perform an additional patient examination; or
(B) observe or otherwise be present at the patient examination, either in person or through electronic means; and
(vi) provides the patient or the patient's representative with a series of check boxes that allow the patient or the patient's representative to:
(A) consent to the patient examination for diagnosis or treatment and an additional patient examination performed by a student or resident for an educational or training purpose;
(B) consent to the patient examination only for diagnosis or treatment; or
(C) refuse to consent to the patient examination;
(b) obtain the signature of the patient or the patient's representative on the written or electronic document while witnessed by a third party; and
(c) sign the written or electronic document.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 6 - Unique Training and Certification for Health Care Providers › Section 601 - Suicide prevention video -- Primary care providers.

Effective 7/1/2022
58-1-601.
Suicide prevention video -- Primary care providers.
(1) As used in this section:
(a) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Chapter 31b, Nurse Practice Act.
(b) "Physician" means an individual licensed to practice as a physician or osteopath under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act.
(c) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Chapter 70a, Utah Physician Assistant Act.
(d) "Primary care provider" means a nurse practitioner, physician, or physician assistant.
(2) The division, in conjunction with the Division of Integrated Healthcare created in Section 26B-1-204, shall:
(a) create a series of suicide prevention videos that:
(i) are web-accessible;
(ii) are each no longer than 20 minutes in length; and
(iii) include information about:
(A) individuals at-risk for suicide; and
(B) suicide prevention and intervention; and
(b) provide, on the division's website, educational materials or courses that relate to suicide prevention that a primary care provider may complete at no cost and apply toward continuing competency requirements required by division rule.
(3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish procedures for:
(a) producing the suicide prevention videos described in Subsection (2); and
(b) providing access to the videos to each primary care provider.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 6 - Unique Training and Certification for Health Care Providers › Section 602 - Auricular detoxification certification.

Effective 5/4/2022
58-1-602.
Auricular detoxification certification.
(1) As used in this section:
(a) "Health care provider" means an individual who is licensed under:
(i) Subsection 58-31b-301(2)(a), (b), (d), or (e);
(ii)Chapter 60, Mental Health Professional Practice Act;
(iii)Chapter 61, Part 3, Licensing; or
(iv)Chapter 70a, Utah Physician Assistant Act.
(b)
(i) "NADA protocol" means:
(A) a protocol developed by the National Acupuncture Detoxification Association; and
(B) an adjunctive therapy using one to five invariant ear acupuncture or acupressure points for the adjunctive treatment and prevention of substance use disorders or to provide support for individuals who have experienced physical or emotional trauma.
(ii) "NADA protocol" does not include the stimulation of other auricular or distal acupuncture points.
(2) A health care provider may perform the NADA protocol if the health care provider:
(a) obtains a certification from the National Acupuncture Detoxification Association to perform the NADA protocol; and
(b) provides the division proof of obtaining the certification.
(3) A health care provider may perform a protocol substantially similar to the NADA protocol if:
(a) the division has determined the protocol is substantially similar to the NADA protocol; and
(b) the individual has met each requirement the division has created to perform the protocol.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules for implementing Subsection (3).
Enacted by Chapter 317, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 6 - Unique Training and Certification for Health Care Providers › Section 603.1 - Hormonal transgender treatment moratorium.

Effective 1/28/2023
58-1-603.1.
Hormonal transgender treatment moratorium.
(1) As used in this section:
(a) "Health care provider" means the same as that term is defined in Section 58-1-603.
(b) "Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603.
(2) A health care provider may not provide a hormonal transgender treatment to a patient who:
(a) is a minor as defined in Section 58-1-603; and
(b) is not diagnosed with gender dysphoria before January 28, 2023.
(3) A violation of Subsection (2) is unprofessional conduct.
Revisor instructions Chapter 2, 2023 General Session
Enacted by Chapter 2, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 1 - Division of Professional Licensing Act › Part 6 - Unique Training and Certification for Health Care Providers › Section 604 - Invisible condition alert program information -- Health care professionals.

Effective 7/1/2023
58-1-604.
Invisible condition alert program information -- Health care professionals.
(1) As used in this section:
(a) "Health care professional" means the same as that term is defined in Section 53-3-207.
(b) "Invisible condition" means the same as that term is defined in Section 53-3-207.
(c) "Invisible condition alert program" means the same as that term is defined in Section 53-27-101.
(2) The division, in conjunction with the Department of Health and Human Services created in Section 26B-1-201, shall provide information to each health care professional in the state regarding the invisible condition alert program, including:
(a) access to informational materials described in Section 26B-7-120 that health care professionals shall make available to patients; and
(b) access to educational materials for health care professionals regarding the invisible condition alert program.
(3) A health care professional in this state shall make available to the health care professional's patients the informational materials described in Subsection (2)(a).
(4) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish procedures for implementing this section.
Enacted by Chapter 456, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 16, Chapter 2.
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

58-3a-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Architect" means a person licensed under this chapter as an architect.
(2) "Board" means the Architects Licensing Board created in Section 58-3a-201.
(3) "Building" means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(4) "Complete construction plans" means a final set of plans and specifications for a building that normally includes:
(a) floor plans;
(b) elevations;
(c) site plans;
(d) foundation, structural, and framing detail;
(e) electrical, mechanical, and plumbing design;
(f) information required by the energy code;
(g) specifications and related calculations as appropriate; and
(h) all other documents required to obtain a building permit.
(5) "Fund" means the Architects Education and Enforcement Fund created in Section 58-3a-103.
(6)
(a) "Practice of architecture" means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings:
(i) planning;
(ii) facility programming;
(iii) preliminary studies;
(iv) preparation of designs, drawings, and specifications;
(v) preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and
(vi) administration of construction contracts.
(b) "Practice of architecture" does not include the practice of professional engineering as defined in Section 58-22-102, but a licensed architect may perform such professional engineering work as is incidental to the practice of architecture.
(7) "Principal" means a licensed architect having responsible charge of an organization's architectural practice.
(8) "Supervision of an employee, subordinate, associate, or drafter of an architect" means that a licensed architect is responsible for and personally reviews, corrects when necessary, and approves work performed by any employee, subordinate, associate, or drafter under the direction of the architect, and may be further defined by rule by the division in collaboration with the board.
(9) "Unlawful conduct" as defined in Section 58-1-501 is further defined in Section 58-3a-501.
(10) "Unprofessional conduct" as defined in Section 58-1-501 may be further defined by rule by the division in collaboration with the board.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 1 - General Provisions › Section 103 - Education and enforcement fund.

58-3a-103.
Education and enforcement fund.
(1) There is created an expendable special revenue fund known as the "Architects Education and Enforcement Fund."
(2) The fund consists of money from:
(a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this chapter in accordance with the following:
(i) the surcharge fee shall be determined by the department in accordance with Section 63J-1-504; and
(ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement licensure fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund.
(4) The director may, with concurrence of the board, make distributions from the fund for the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning architectural laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 1 - General Provisions › Section 105 - Surcharge fee.

Effective 5/12/2020
58-3a-105.
Surcharge fee.
(1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee.
(2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 2 - Board › Section 201 - Board.

Affected by 63I-1-258 on 7/1/2026
58-3a-201.
Board.
(1) There is created the Architects Licensing Board consisting of four architects and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in 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.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-3a-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of architecture, except as specifically provided in Section 58-3a-304 or 58-1-307.
(2) The division shall issue a license in the classification of architect to a person who qualifies under this chapter.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/4/2022
58-3a-302.
Qualifications for licensure.
(1) Except as provided in Subsection (2), each applicant for licensure as an architect shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) have graduated and received an earned bachelors or masters degree from an architecture program meeting criteria established by rule by the division in collaboration with the board;
(d) have successfully completed a program of diversified practical experience established by rule by the division in collaboration with the board;
(e) have successfully passed examinations established by rule by the division in collaboration with the board; and
(f) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualifications for license.
(2) Each applicant for licensure as an architect by endorsement shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) submit satisfactory evidence of:
(i)
(A) current licensure in good standing in a jurisdiction recognized by rule by the division in collaboration with the board; and
(B) current certification from the National Council of Architectural Registration Boards; or
(ii)
(A) current license in good standing in a jurisdiction recognized by rule by the division in collaboration with the board; and
(B) full-time employment as a licensed architect as a principal for at least five of the last seven years immediately preceding the date of the application;
(d) have successfully passed an examination established by rule by the division in collaboration with the board; and
(e) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualifications for license.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-3a-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 3 - Licensing › Section 303.5 - Continuing education.

58-3a-303.5.
Continuing education.
(1) As a condition for renewal of a license under this chapter, each licensee shall, during each two-year licensure cycle or other cycle defined by rule, complete continuing professional education in accordance with standards defined by rule.
(2) If a renewal period is extended or shortened under Section 58-3a-303, the division shall proportionately increase or decrease the continuing education hours required for licensure renewal under this section.
Amended by Chapter 111, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Effective 5/12/2020
58-3a-304.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated limited acts or practices without being licensed under this chapter:
(a) a person offering to render architectural services in this state when not licensed under this chapter if the person:
(i) holds a current and valid architect license issued by a licensing authority recognized by rule by the division in collaboration with the board;
(ii) discloses in writing to the potential client the fact that the architect:
(A) is not licensed in the state;
(B) may not provide architectural services in the state until the architect is licensed in the state; and
(C) that such condition may cause a delay in the ability of the architect to provide architectural services in the state;
(iii) notifies the division in writing of his intent to offer to render architectural services in the state; and
(iv) does not provide architectural services or engage in the practice of architecture in this state until licensed to do so;
(b) a person preparing a plan and specification for one or two-family dwellings, including townhouses;
(c) a person licensed to practice professional engineering under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, performing engineering or incidental architectural acts or practices that do not exceed the scope of the education and training of the person performing architecture;
(d) unlicensed employees, subordinates, associates, or drafters of a person licensed under this chapter while preparing plans and specifications under the supervision of an architect;
(e) a person preparing a plan or specification for, or supervising the alteration of or repair to, an existing building affecting an area not exceeding 3,000 square feet when structural elements of a building are not changed, such as foundations, beams, columns, and structural slabs, joists, bearing walls, and trusses; and
(f) an organization engaged in the practice of architecture, provided that:
(i) the organization employs a principal; and
(ii) all individuals employed by the organization, who are engaged in the practice of architecture, are licensed or exempt from licensure under this chapter.
(2) Nothing in this section shall be construed to restrict a person from preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those plans to a licensed architect for review, approval, and subsequent fixing of the architect's seal to that set of plans.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-3a-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, assessing an administrative penalty, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 5 - Unlawful Conduct - Penalties › Section 501 - Unlawful conduct.

58-3a-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using the title "architect" or any other words, letters, or abbreviations indicating that the person using them is an architect if the person has not been licensed under this chapter, except as provided in Subsection 58-3a-304(1); or
(2) engaging in or representing itself as engaging in the practice of architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure under Section 58-1-307 or 58-3a-304.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 6 - Practice Standards › Section 601 - Seal -- Design and implementation.

58-3a-601.
Seal -- Design and implementation.
Every architect shall have a seal, the design and implementation of which shall be established by rule by the division in collaboration with the board.
Enacted by Chapter 260, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 3a - Architects Licensing Act › Part 6 - Practice Standards › Section 602 - Plans and specifications to be sealed.

58-3a-602.
Plans and specifications to be sealed.
(1) Any final plan and specification of a building erected in this state shall bear the seal of an architect licensed under this chapter, except as provided in Section 58-3a-304, in Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, and by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(2) Any final plan and specification of a building prepared by or under the supervision of the licensed architect shall bear the seal of the architect when submitted to a client, or when submitted to a building official for the purpose of obtaining a building permit, even if the practice is exempt from licensure under Section 58-3a-304.
Amended by Chapter 14, 2011 General Session