reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 3 - Unlawful Conduct - Penalties › Section 301 - Unlawful conduct.

Effective 5/13/2014
58-84-301.
Unlawful conduct.
(1) It is unlawful for a person who is not a state certified music therapist to use the title state certified music therapist, or represent that the person is a state certified music therapist, in connection with the person's name or business.
(2) It is unlawful for a state certified person whose board certification is suspended, placed on probation, revoked, or has expired for any reason to use the title state certified music therapist, or represent that the person is a state certified music therapist, in connection with the person's name or business.
Enacted by Chapter 340, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 85 - Utah Right to Try Act › Section 102 - Definitions.

Effective 12/3/2018
58-85-102.
Definitions.
As used in this chapter:
(1) "Eligible patient" means an individual who has been diagnosed with a terminal illness by a physician.
(2) "Insurer" means the same as that term is defined in Section 31A-1-301.
(3) "Investigational device" means a device that:
(a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
(b) has successfully completed the United States Food and Drug Administration Phase 1 testing for an investigational device described in 21 C.F.R. Part 812.
(4) "Investigational drug" means a drug that:
(a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
(b) has successfully completed the United States Food and Drug Administration Phase 1 testing for an investigational new drug described in 21 C.F.R. Part 312.
(5) "Medicinal dosage form" means the same as that term is defined in Section 58-37-3.6.
(6) "Physician" means an individual who is licensed under:
(a)Title 58, Chapter 67, Utah Medical Practice Act; or
(b)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(7) "Terminal illness" means a condition of a patient that:
(a) as determined by a physician:
(i) is likely to pose a greater risk to the patient than the risk posed to the patient by treatment with an investigational drug or investigational device; and
(ii) will inevitably lead to the patient's death; and
(b) presents the patient, after the patient has explored conventional therapy options, with no treatment option that is satisfactory or comparable to treatment with an investigational drug or device.
Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 85 - Utah Right to Try Act › Section 103 - Right to request investigational drug or device.

Effective 5/12/2015
58-85-103.
Right to request investigational drug or device.
(1) An eligible patient may obtain an investigational drug through an agreement with the investigational drug's manufacturer and the eligible patient's physician that provides:
(a) for the transfer of the investigational drug from the manufacturer to the physician; and
(b) that the physician will administer the investigational drug to the patient.
(2) An eligible patient may obtain an investigational device through an agreement with the investigational device's manufacturer and the eligible patient's physician that provides:
(a) for the transfer of the investigational device from the manufacturer to the physician; and
(b) that the physician will use the investigational device to treat the patient.
(3) An agreement described in Subsection (1) or (2), between an eligible patient, a physician, and a manufacturer, shall include an informed consent document that, based on the physician's knowledge of the relevant investigational drug or investigational device:
(a) describes the possible positive and negative outcomes the eligible patient could experience if the physician treats the eligible patient with the investigational drug or investigational device, including that the investigational drug or investigational device could increase the possibility of death;
(b) states that an insurer is not required to cover the cost of providing the investigational drug or investigational device to the patient;
(c) states that, subject to Section 58-85-105, an insurer may deny coverage for the eligible patient; and
(d) states that the patient may be liable for all expenses caused by the physician treating the patient with the investigational drug or investigational device, unless the agreement provides otherwise.
(4) A physician or an eligible patient shall notify the eligible patient's insurer of the day on which the physician treated an eligible patient with an investigational drug or investigational device, and the investigational drug or device used, under an agreement described in Subsection (1) or (2).
Enacted by Chapter 110, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 85 - Utah Right to Try Act › Section 104 - Standard of care -- Medical practitioners not liable -- No private right of action.

Effective 5/3/2023
58-85-104.
Standard of care -- Medical practitioners not liable -- No private right of action.
(1) It is not a breach of the applicable standard of care for a physician, other licensed health care provider, or hospital to treat an eligible patient with an investigational drug or investigational device under this chapter.
(2) A physician, other licensed health care provider, or hospital that treats an eligible patient with an investigational drug or investigational device under this chapter may not, for any harm done to the eligible patient by the investigational drug or device, be subject to:
(a) civil liability;
(b) criminal liability; or
(c) licensure sanctions under:
(i) for a physician:
(A)Chapter 67, Utah Medical Practice Act; or
(B)Chapter 68, Utah Osteopathic Medical Practice Act;
(ii) for the other licensed health care provider, the act governing the other licensed health care provider's license; or
(iii) for the hospital, Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(3) This chapter does not:
(a) require a manufacturer of an investigational drug or investigational device to agree to make an investigational drug or investigational device available to an eligible patient or an eligible patient's physician;
(b) require a physician to agree to:
(i) administer an investigational drug to an eligible patient under this chapter; or
(ii) treat an eligible patient with an investigational device under this chapter; or
(c) create a private right of action for an eligible patient:
(i) against a physician or hospital, for the physician's or hospital's refusal to:
(A) administer an investigational drug to an eligible patient under this chapter; or
(B) treat an eligible patient with an investigational device under this chapter; or
(ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient with an investigational drug or an investigational device under this chapter.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 85 - Utah Right to Try Act › Section 105 - Insurance coverage.

Effective 12/3/2018
58-85-105.
Insurance coverage.
(1) This chapter does not:
(a) require an insurer to cover the cost of:
(i) administering an investigational drug under this chapter; or
(ii) treating a patient with an investigational device under this chapter; or
(b) prohibit an insurer from covering the cost of:
(i) administering an investigational drug under this chapter; or
(ii) treating a patient with an investigational device under this chapter.
(2) Except as described in Subsection (3), an insurer may deny coverage to an eligible patient who is treated with an investigational drug or investigational device, for harm to the eligible patient caused by the investigational drug or investigational device.
(3) An insurer may not deny coverage to an eligible patient under Subsection (2) for:
(a) the eligible patient's preexisting condition;
(b) benefits that commenced before the day on which the eligible patient is treated with the investigational drug or investigational device; or
(c) palliative or hospice care for an eligible patient that has been treated with an investigational drug or device, but is no longer receiving curative treatment with the investigational drug or device.
Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 1 - General Provisions › Section 101 - Title and scope.

Effective 5/10/2016
58-86-101.
Title and scope.
(1) This chapter is known as the "State Certification of Commercial Interior Designers Act."
(2) Except for those practices specifically described in the definition of practice of commercial interior design in Section 58-86-102, this chapter does not require that a person obtain state certification as a state certified commercial interior designer to engage in an activity traditionally performed by an interior designer or other design professional.
(3) This chapter does not limit the scope of practice of a person licensed to practice:
(a) architecture under Title 58, Chapter 3a, Architects Licensing Act; or
(b) professional engineering under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Effective 5/10/2016
58-86-103.
Rulemaking.
When exercising rulemaking authority under this chapter, the division shall comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 201 - State certification required.

Effective 5/10/2016
58-86-201.
State certification required.
(1) State certification is required to engage in the practice of commercial interior design except as specifically provided in Section 58-1-307 or 58-86-206.
(2) The division shall grant state certification to a person who qualifies under this chapter to engage in the practice of commercial interior design as a state certified commercial interior designer.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 202 - Qualifications for state certification.

Effective 5/12/2020
58-86-202.
Qualifications for state certification.
Each applicant for state certification as a state certified commercial interior designer 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; and
(3) provide satisfactory evidence of having qualified to take and having passed the examination of the National Council for Interior Design Qualification, or an equivalent body as determined by division rule.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 203 - Term of state certification -- Expiration -- Renewal.

Effective 5/10/2016
58-86-203.
Term of state certification -- Expiration -- Renewal.
(1)
(a) The division shall grant state certification under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, an applicant for renewal 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; and
(c) provide satisfactory evidence of having completed the continuing education requirements described in Section 58-86-204.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 204 - Continuing education.

Effective 5/10/2016
58-86-204.
Continuing education.
(1) As a condition for the renewal of state certification under this chapter, a state certified commercial interior designer, during each two-year state certification cycle, shall complete 20 hours of continuing education that is offered or approved by the Interior Design Continuing Education Council, or another entity as determined by division rule.
(2) At least 10 of the continuing education hours described in Subsection (1) shall primarily emphasize health and safety.
(3) If a renewal cycle is extended or shortened under Section 58-86-203, the continuing education hours required for renewal under this section shall be increased or decreased proportionally.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 205 - Grounds for denial of state certification -- Disciplinary proceedings.

Effective 5/10/2016
58-86-205.
Grounds for denial of state certification -- Disciplinary proceedings.
Grounds for refusing to issue state certification to an applicant, for refusing to renew state certification to an applicant, for revoking, suspending, restricting, or placing on probation the state certification of an individual certified under this chapter, for issuing a public or private reprimand to an individual certified under this chapter, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 2 - State Certification › Section 206 - Exemptions from state certification.

Effective 5/10/2016
58-86-206.
Exemptions from state certification.
In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated acts or practices without being a state certified commercial interior designer under this chapter:
(1) a person licensed to practice architecture under Title 58, Chapter 3a, Architects Licensing Act, practicing architecture or performing architecture acts or interior design;
(2) a person providing permit drawings, if allowed under Section 58-3a-304 or 58-22-305; and
(3) a person providing construction related documents not required for a building permit.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 3 - Unlawful Conduct › Section 301 - Unlawful conduct.

Effective 5/10/2016
58-86-301.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using the title "state certified commercial interior designer" if the person is not a state certified commercial interior designer in good standing under this chapter; or
(2) engaging in the practice of commercial interior design unless exempted from licensure or state certification under Section 58-1-307 or 58-86-206.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 86 - State Certification of Commercial Interior Designers Act › Part 4 - State Certification Number and Signature › Section 401 - State certification number and signature.

Effective 5/10/2016
58-86-401.
State certification number and signature.
(1) The division shall provide each state certified commercial interior designer with a certificate number.
(2) A final plan or specification for the construction of a commercial interior design within a newly constructed or existing building that is prepared by or under the supervision of a state certified commercial interior designer shall bear the signature and the certificate number of the state certified commercial interior designer when submitted to a client or a building official for the purpose of obtaining a building permit.
(3) A state certified commercial interior designer may only include the designer's signature and certificate number on a final plan or specification that is within the scope of practice of commercial interior design and when the plan or specification:
(a) is personally prepared by the certified interior designer;
(b) is prepared by an employee, subordinate, associate, or drafter under the direct supervision of the state certified commercial interior designer and the state certified commercial interior designer assumes responsibility for the plan or specification; or
(c) is prepared by another state certified commercial interior designer in the state or similarly qualified designer in another state provided that the state certified commercial interior designer attaching the designer's signature and certificate number:
(i) performs a thorough review of all work for compliance with all applicable laws, rules, and standards of the profession; and
(ii) makes any necessary corrections before submitting the final plan or specification:
(A) to a building official for the purpose of obtaining a building permit; or
(B) to a client, when the certified commercial interior designer represents, or can reasonably expect the client to consider, the plan or specification to be complete and final.
Enacted by Chapter 294, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
58-87-101.
Title.
This chapter is known as the "Revised Uniform Athlete Agents Act."
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 1 - General Provisions › Section 103 - Administration -- Rulemaking -- Service of process.

Effective 5/4/2022
58-87-103.
Administration -- Rulemaking -- Service of process.
(1)
(a) This chapter shall be administered by the division and is subject to the requirements of Chapter 1, Division of Professional Licensing Act, so long as the requirements of Chapter 1, Division of Professional Licensing Act, are not inconsistent with the requirements of this chapter.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules necessary to implement this chapter.
(2) By acting as an athlete agent in this state, a nonresident individual appoints the director of the division as the individual's agent for service of process in any civil action in this state related to the individual acting as an athlete agent in this state.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 2 - Registration of Athlete Agents › Section 201 - Athlete agents -- Registration required -- Void contracts.

Effective 5/9/2017
58-87-201.
Athlete agents -- Registration required -- Void contracts.
(1) Except as otherwise provided in Subsection (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter.
(2) Before being issued a certificate of registration under this chapter an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(a) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(b) no later than seven days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(3) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 2 - Registration of Athlete Agents › Section 204 - Suspension, revocation, or refusal to renew registration.

Effective 5/9/2017
58-87-204.
Suspension, revocation, or refusal to renew registration.
(1) The division may limit, suspend, revoke, or refuse to renew a registration of an individual registered under Subsection 58-87-203(1) for conduct that would have justified refusal to issue a certificate of registration under Subsection 58-87-203(2).
(2) The division may suspend or revoke the registration of an individual registered under Subsection 58-87-202(2) or renewed under Subsection 58-87-203(5) for any reason for which the division could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Subsection 58-87-203(2).
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 2 - Registration of Athlete Agents › Section 205 - Temporary registration.

Effective 5/9/2017
58-87-205.
Temporary registration.
The division may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 2 - Registration of Athlete Agents › Section 206 - Registration and renewal fees.

Effective 5/9/2017
58-87-206.
Registration and renewal fees.
(1) An application for registration or renewal of registration shall be accompanied by a fee in an amount determined by the division in accordance with Section 63J-1-504.
(2) The division shall establish fees for:
(a) an initial application for registration;
(b) an application for registration based upon a certificate of registration or licensure issued by another state;
(c) an application for renewal of registration; and
(d) an application for renewal of registration based upon an application for renewal of registration submitted in another state.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 3 - Agency Contract Requirements › Section 301 - Required form of contract.

Effective 5/9/2017
58-87-301.
Required form of contract.
(1) An agency contract must be in a record signed by the parties.
(2) An agency contract must contain:
(a) a statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;
(b) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(c) the name of any person not listed in the agent's application for registration or renewal of registration which will be compensated because the athlete signed the contract;
(d) a description of any expenses the athlete agrees to reimburse;
(e) a description of the services to be provided to the athlete;
(f) the duration of the contract; and
(g) the date of execution.
(3) Subject to Subsection (7), an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(4) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.
(5) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(6) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by Subsection (4).
(7) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by Subsection (3) must be revised accordingly.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 3 - Agency Contract Requirements › Section 303 - Student athlete's right to cancel.

Effective 5/9/2017
58-87-303.
Student athlete's right to cancel.
(1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.
(2) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.
(3) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 3 - Agency Contract Requirements › Section 304 - Required records.

Effective 5/9/2017
58-87-304.
Required records.
(1) An athlete agent shall create and retain for five years records of the following:
(a) the name and address of each individual represented by the agent;
(b) each agency contract entered into by the agent; and
(c) the direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(2) Records described in Subsection (1) are open to inspection by the division during normal business hours.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 4 - Prohibited Conduct and Penalties › Section 401 - Prohibited conduct.

Effective 5/12/2020
58-87-401.
Prohibited conduct.
An athlete agent may not intentionally:
(1) give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the athlete, parent, or guardian to enter into an agency contract;
(2) furnish anything of value to a student athlete or another individual, if to do so may result in loss of the athlete's eligibility to participate in the athlete's sport, unless:
(a) the agent notifies the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value; and
(b) the athlete or, if the athlete is a minor, a parent or guardian of the athlete acknowledges to the agent in a record that receipt of the thing of value may result in loss of the athlete's eligibility to participate in the athlete's sport;
(3) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to recruit or solicit the athlete, parent, or guardian to enter into an agency contract unless registered under this chapter;
(4) fail to create, retain, or permit inspection of the records required by Section 58-87-304;
(5) fail to register when required by Section 58-87-201;
(6) provide materially false or misleading information in an application for registration or renewal of registration;
(7) predate or postdate an agency contract;
(8) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the athlete's eligibility to participate in the athlete's sport;
(9) encourage another individual to do any of the acts described in Subsections (1) through (8) on behalf of the agent; or
(10) encourage another individual to assist any other individual in doing any of the acts described in Subsections (1) through (8) on behalf of the agent.
Amended by Chapter 246, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 4 - Prohibited Conduct and Penalties › Section 402 - Criminal penalties.

Effective 5/9/2017
58-87-402.
Criminal penalties.
An athlete agent who violates Section 58-87-401 is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 4 - Prohibited Conduct and Penalties › Section 403 - Civil remedies.

Effective 5/9/2017
58-87-403.
Civil remedies.
(1) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
(a) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(b) suffers financial damage.
(2) A plaintiff that prevails in an action under this section may recover damages, costs, and reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(3) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 4 - Prohibited Conduct and Penalties › Section 404 - Civil and administrative penalty.

Effective 5/9/2017
58-87-404.
Civil and administrative penalty.
(1) The division may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this chapter.
(2) An administrative penalty collected under Subsection (1) shall be deposited into the Commerce Service Account created in Section 13-1-2.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 5 - Application and Construction › Section 501 - Uniformity of application and construction.

Effective 5/9/2017
58-87-501.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 87 - Revised Uniform Athlete Agents Act › Part 5 - Application and Construction › Section 502 - Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
58-87-502.
Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but do not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
Renumbered and Amended by Chapter 225, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 88 - General Health Professions › Part 2 - Dispensing Practice › Section 201 - Definitions.

Effective 5/3/2023
58-88-201.
Definitions.
As used in this part:
(1)
(a) "Dispense" means the delivery by a prescriber of a prescription drug or device to a patient, including the packaging, labeling, and security necessary to prepare and safeguard the drug or device for supplying to a patient.
(b) "Dispense" does not include:
(i) prescribing or administering a drug or device; or
(ii) delivering to a patient a sample packaged for individual use by a licensed manufacturer or re-packager of a drug or device.
(2) "Dispensing practitioner" means an individual who:
(a) is currently licensed as:
(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;
(iii) an advanced practice registered nurse under Subsection 58-31b-301(2)(d); or
(iv) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(b) is authorized by state law to prescribe and administer drugs in the course of professional practice; and
(c) practices at a licensed dispensing practice.
(3) "Drug" means the same as that term is defined in Section 58-17b-102.
(4) "Health care practice" means:
(a) a health care facility as defined in Section 26B-2-201; or
(b) the offices of one or more private prescribers, whether for individual or group practice.
(5) "Licensed dispensing practice" means a health care practice that is licensed as a dispensing practice under Section 58-88-202.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 88 - General Health Professions › Part 2 - Dispensing Practice › Section 202 - Dispensing practice -- Drugs that may be dispensed -- Limitations and exceptions.

Effective 5/4/2022
58-88-202.
Dispensing practice -- Drugs that may be dispensed -- Limitations and exceptions.
(1) Notwithstanding Section 58-17b-302, a dispensing practitioner may dispense a drug at a licensed dispensing practice if the drug is:
(a) packaged in a fixed quantity per package by:
(i) the drug manufacturer;
(ii) a pharmaceutical wholesaler or distributor; or
(iii) a pharmacy licensed under Chapter 17b, Pharmacy Practice Act;
(b) dispensed:
(i) at a licensed dispensing practice at which the dispensing practitioner regularly practices; and
(ii) under a prescription issued by the dispensing practitioner to the dispensing practitioner's patient;
(c) for a condition that is not expected to last longer than 30 days; and
(d) for a condition for which the patient has been evaluated by the dispensing practitioner on the same day on which the dispensing practitioner dispenses the drug.
(2) A dispensing practitioner may not dispense:
(a) a controlled substance as defined in Section 58-37-2;
(b) a drug or class of drugs that is designated by the division under Subsection 58-88-205(2);
(c) gabapentin; or
(d) a supply of a drug under this part that exceeds a 30-day supply.
(3) A dispensing practitioner may not make a claim against workers' compensation or automobile insurance for a drug dispensed under this part for outpatient use unless the dispensing practitioner is contracted with a pharmacy network established by the claim payor.
(4) When a dispensing practitioner dispenses a drug to the patient under this part, a dispensing practitioner shall:
(a) disclose to the patient verbally and in writing that the patient is not required to fill the prescription through the licensed dispensing practice and that the patient has a right to fill the prescription through a pharmacy; and
(b) if the patient will be responsible to pay cash for the drug, disclose:
(i) that the patient will be responsible to pay cash for the drug; and
(ii) the amount that the patient will be charged by the licensed dispensing practice for the drug.
(5) This part does not:
(a) require a dispensing practitioner to dispense a drug under this part;
(b) limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
(c) apply to a physician who dispenses:
(i) a drug sample, as defined in Section 58-17b-102, to a patient in accordance with Section 58-1-501.3 or Section 58-17b-610;
(ii) a prescription drug or device to a patient for a patient's immediate need in an emergency department in accordance with Section 58-17b-610.5; or
(iii) a drug in an emergency situation as defined by the division in rule under Chapter 17b, Pharmacy Practice Act.
Enacted by Chapter 353, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 88 - General Health Professions › Part 2 - Dispensing Practice › Section 204 - Administrative inspections of a dispensing practice -- Penalties.

Effective 5/4/2022
58-88-204.
Administrative inspections of a dispensing practice -- Penalties.
(1) The division shall conduct audits and inspections of licensed dispensing practices in accordance with standards established by the division by rule.
(2) Penalties for a violation of this part, including fines and citations, shall be issued by the division under:
(a) Section 58-1-502; and
(b) the dispensing practitioner's respective licensing chapter.
Enacted by Chapter 353, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 88 - General Health Professions › Part 2 - Dispensing Practice › Section 205 - Operating standards -- Rulemaking.

Effective 5/4/2022
58-88-205.
Operating standards -- Rulemaking.
(1) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the operating standards for a licensed dispensing practice licensed under this part which shall include, but is not limited to, standards for:
(a) security;
(b) labeling;
(c) storage;
(d) supervision;
(e) inventory control; and
(f) patient counseling.
(2) The division may designate individual medications and classes of medications that may not be dispensed at a licensed dispensing practice under this chapter.
(3) When making rules under this part, the division shall consult with a group consisting of:
(a) two members of the Physicians Licensing Board created in Section 58-67-201; and
(b) two members of the Utah State Board of Pharmacy created in Section 58-17b-201.
Enacted by Chapter 353, 2022 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 1 - General Provisions › Section 101 - Definitions.

59-1-101.
Definitions.
As used in this title:
(1) "Commission" and "tax commission" mean the State Tax Commission.
(2) "Deficiency" is as defined in Section 59-1-1402.
Amended by Chapter 212, 2009 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 201 - Composition of commission -- Terms -- Removal from office -- Appointment.

Effective 1/1/2021
59-1-201.
Composition of commission -- Terms -- Removal from office -- Appointment.
(1) The commission shall be composed of four members appointed by the governor with the advice and consent of the Senate, and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) Subject to Subsection (3), the term of office of each commissioner shall be for four years and expire on June 30 of the year the term ends.
(3) The governor shall stagger a term described in Subsection (2) so that the term of one commissioner expires each year.
(4) A commissioner shall hold office until a successor is appointed and qualified.
(5)
(a) The governor may remove a commissioner from office for neglect of duty, inefficiency, or malfeasance, after notice and a hearing.
(b) If the governor removes a commissioner from office and appoints another person to replace the commissioner, the person the governor appoints to replace the commissioner:
(i) shall serve for the remainder of the unexpired term; and
(ii) may be reappointed as the governor determines.
(6)
(a) Before appointing a commissioner, the governor shall request a list of names of potential appointees from:
(i) the Utah State Bar;
(ii) one or more organizations that represent certified public accountants who are licensed to practice in the state;
(iii) one or more organizations that represent persons who assess or appraise property in the state; and
(iv) one or more national organizations that:
(A) offer a professional certification in the areas of property tax, sales and use tax, and state income tax;
(B) require experience, education, and testing to obtain the certification; and
(C) require additional education to maintain the certification.
(b) In appointing a commissioner, the governor shall consider:
(i) to the extent names of potential appointees are submitted, the names of potential appointees submitted in accordance with Subsection (6)(a); and
(ii) any other potential appointee of the governor's own choosing.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 202 - Qualifications of members of commission.

Effective 5/13/2014
59-1-202.
Qualifications of members of commission.
(1) Each member of the commission:
(a) shall have significant tax experience that is relevant to holding office as a commissioner;
(b) shall have knowledge of tax administration or tax compliance;
(c) shall have executive and administrative experience; and
(d) except for one member who has substantial knowledge and expertise in the theory and practice of ad valorem taxation as described in Subsection (2)(a), shall have substantial knowledge and experience in one or more of the following:
(i) the theory and practice of excise taxation;
(ii) the theory and practice of income taxation;
(iii) the theory and practice of sales and use taxation; and
(iv) the theory and practice of corporate taxation.
(2)
(a) At least one member of the commission shall have substantial knowledge and experience in the theory and practice of ad valorem taxation.
(b) At least one member of the commission shall have substantial knowledge and experience in the theory and practice of accounting.
(3) The membership of the commission shall represent composite skills in accounting, auditing, property assessment, management, law, and finance.
Amended by Chapter 370, 2014 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 203 - Conflicts of interest -- Salaries -- Ethics.

Effective 1/1/2021
59-1-203.
Conflicts of interest -- Salaries -- Ethics.
(1) No person appointed as a member of the commission may hold any other office under the laws of this state, the government of the United States, or any other state. Each member shall devote full time to the duties of the office and may not hold any other position of trust or profit under the Constitution nor engage in any other occupation that would create a direct conflict with the duties of a commissioner.
(2) The salaries of the commissioners shall be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. Commissioners shall also be allowed expenses as provided by law.
(3) No commissioner, executive director, or consultant shall engage in political or charitable fund raising activities. Commissioners and commission employees are governed by Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(4) A commissioner shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 204 - Oath of office.

59-1-204.
Oath of office.
(1) Before entering upon the duties of office, a member of the commission shall qualify by taking the constitutional oath of office.
(2) The oath described in Subsection (1) shall be recorded and filed.
Amended by Chapter 356, 2010 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 205 - Chairman -- Quorum -- Voting -- Sessions.

59-1-205.
Chairman -- Quorum -- Voting -- Sessions.
(1) The governor shall designate one of the members of the commission as chairperson.
(2)
(a) Three members of the commission constitute a quorum for the transaction of business.
(b) A quorum of the commission must participate in any order that constitutes a final agency action on:
(i) a formal adjudicative proceeding over which the commission has jurisdiction;
(ii) an informal adjudicative proceeding over which the commission has jurisdiction; or
(iii) an initial hearing conducted pursuant to Section 59-1-502.5.
(c) If a commission vote results in a tie vote on any matter described in Subsection (2)(b), the position of the taxpayer is considered to have prevailed.
(3) The commission shall be in session and open for the transaction of business during ordinary business hours each day.
(4) The commission may hold sessions or conduct investigations at any place in the state to facilitate the performance of its duties.
Amended by Chapter 80, 2003 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 207 - Administration plan -- Executive director's functions.

59-1-207.
Administration plan -- Executive director's functions.
The commission shall prepare and implement a plan for the administration of the divisions and other offices of the commission which do not report directly to the commission. The plan shall, by rule, establish the duties and responsibilities to be delegated to the executive director.
Enacted by Chapter 4, 1987 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 1 - General Taxation Policies › Part 2 - State Tax Commission › Section 208 - Offices.

59-1-208.
Offices.
The main office of the commission shall be located in Salt Lake City. The commission may establish branch offices necessary for the convenience of the public and the efficient performance of its duties.
Enacted by Chapter 4, 1987 General Session