reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Affected by 63I-1-258 on 7/1/2033
Effective 5/12/2020
58-40-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) providing, leading, facilitating, teaching, or offering to provide or teach recreational therapy services unless licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-40-305; and
(2) using the initials MTRS, TRS, or TRT, or other abbreviation, term, title, or sign relating to the practice of recreational therapy services unless licensed under this chapter.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Affected by 63I-1-258 on 7/1/2033
58-40-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) failing to supervise a therapeutic recreation technician, a student intern, or a temporarily licensed therapeutic recreation specialist when required to do so under this chapter or by rule;
(2) failing to keep or maintain a recreational therapy treatment plan;
(3) failing to safeguard a person's right to privacy as to the person's identity, condition, diagnosis, personal effects, or other matters about which the licensee is privileged to know from providing recreational therapy services;
(4) failing to report to the division the unsafe, unethical, or illegal practice of a person who is providing recreational therapy services;
(5) making sexual advances to a patient, requesting sexual intercourse or sexual favors from a patient, or engaging in other verbal or physical conduct of a sexual nature in the presence of a patient;
(6) exploiting a patient or former patient for personal gain;
(7) possessing or dispensing illegal or non-prescribed prescription drugs or medications;
(8) using or being under the influence of alcohol or an illegal or non-prescribed prescription drug or medication while performing recreational therapy services; and
(9) other actions as defined by division rule.
Enacted by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 6 - Scope of Practice - Treatment or Intervention Plans › Section 601 - Scope of practice.

Affected by 63I-1-258 on 7/1/2033
58-40-601.
Scope of practice.
(1) A master therapeutic recreation specialist licensed under this chapter may:
(a) practice recreational therapy:
(i) as an employee of a hospital, clinic, agency, or other facility;
(ii) in private practice; or
(iii) as a consultant; and
(b) supervise and train other licensees under this chapter.
(2) A therapeutic recreation specialist licensed under this chapter:
(a) may practice recreational therapy as the employee of a hospital, clinic, agency, or other facility;
(b) may not practice recreational therapy in private practice or as a consultant; and
(c) may supervise other licensees under this chapter.
(3) A therapeutic recreation technician:
(a) may perform recreational therapy services if:
(i) under the supervision of a master therapeutic recreation specialist or a therapeutic recreation specialist employed full-time and on-site in the same hospital, clinic, or facility; or
(ii) in consultation with a master therapeutic recreation specialist;
(b) may maintain the ongoing documentation of services provided in accordance with a treatment or intervention plan if:
(i) under the supervision of either a master therapeutic recreation specialist or a therapeutic recreation specialist employed full-time and on-site in the same hospital, clinic, or facility; or
(ii) in consultation with a master therapeutic recreation specialist;
(c) may perform the portion of an assessment described in Subsection 58-40-102(2)(a)(i);
(d) may not perform the portion of an assessment described in Subsection 58-40-102(2)(a)(ii);
(e) may not prescribe or create a treatment or intervention plan; and
(f) may not approve or cosign a modification to a treatment or intervention plan.
Renumbered and Amended by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40 - Recreational Therapy Practice Act › Part 6 - Scope of Practice - Treatment or Intervention Plans › Section 602 - Recreational therapy treatment or intervention plans.

Affected by 63I-1-258 on 7/1/2033
58-40-602.
Recreational therapy treatment or intervention plans.
(1) A recreational therapy treatment or intervention plan shall be maintained for each patient receiving recreational therapy services under this chapter.
(2) The treatment or intervention plan shall include:
(a) goals and objectives for a patient that are developed from an assessment based on the strengths and limitations of the patient's physical, cognitive, social, behavioral, emotional, spiritual, and leisure capabilities;
(b) the selection and adaptation of interventions designed to achieve and maintain the highest possible level of functional independence and quality of life for a patient;
(c) a schedule for regular evaluation of goals and objectives to make changes to the treatment or intervention plan when required; and
(d) expected outcomes related to the goals and objectives.
Renumbered and Amended by Chapter 82, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

58-40a-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Adequate records" means legible records that contain, at a minimum:
(a) the athletic training service plan or protocol;
(b) an evaluation of objective findings;
(c) the plan of care and the treatment records; or
(d) written orders.
(2) "Athlete" means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization.
(3) "Athletic injury" means:
(a) an injury sustained by an athlete that affects the individual's participation or performance in sports, games, recreation, or exercise; or
(b) a condition that is within the scope of practice of an athletic trainer identified by a directing physician or physical therapist as benefitting from athletic training services.
(4) "Athletic trainer" means an individual who is licensed under this chapter and carries out the practice of athletic training.
(5) "Board" means the Athletic Trainers Licensing Board created in Section 58-40a-201.
(6) "Directing physician" means a physician and surgeon licensed under Section 58-67-301, an osteopathic physician and surgeon licensed under Section 58-68-301, a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by board rule.
(7) The "practice of athletic training" means the application by a licensed and certified athletic trainer of principles and methods of:
(a) prevention of athletic injuries;
(b) recognition, evaluation, and assessment of athletic injuries and conditions;
(c) immediate care of athletic injuries, including common emergency medical situations;
(d) rehabilitation and reconditioning of athletic injuries;
(e) athletic training services administration and organization; and
(f) education of athletes.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 1 - General Provisions › Section 103 - Duties of directing physician.

58-40a-103.
Duties of directing physician.
A directing physician shall provide direction to an athletic trainer by a verbal order when in the presence of the athletic trainer and by written order or by athletic training service plans or protocols when a directing physician is not present.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 2 - Board › Section 201 - Board composition -- Duties and responsibilities.

58-40a-201.
Board composition -- Duties and responsibilities.
(1) There is created the Athletic Trainers Licensing Board consisting of four licensed athletic trainers, one member representative of the directing physicians referred to in Subsection 58-40a-102(6), and one member of the general public who has never been authorized to practice a healing art and never had a substantial personal, business, professional, or pecuniary connection with a healing art or with a medical education or health care facility, except as a client or potential client.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and 58-1-203, and shall 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 under this chapter; and
(b) advise the division of 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 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 3 - Licensing › Section 301 - Licensure required.

58-40a-301.
Licensure required.
(1) A license is required to engage in the practice of athletic training, except as specifically provided in Section 58-1-307 or 58-40a-305.
(2) The division shall issue to an individual who qualifies under this chapter a license in the classification of athletic trainer.
(3) An individual may not use the title "licensed athletic trainer," or "athletic trainer," or abbreviations or insignias to imply that the individual is an athletic trainer unless the individual is licensed under this chapter.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

58-40a-302.
Qualifications for licensure.
The division shall issue a license to practice as an athletic trainer to an applicant who:
(1) has obtained a bachelor's or advanced degree from an accredited four-year college or university and meets the minimum athletic training curriculum requirement established by the board by rule;
(2) has successfully completed the certification examination administered by the Board of Certification Inc. or equivalent examination approved or recognized by the board;
(3) is in good standing with and provides documentation of current certification by the Board of Certification Inc. or a nationally recognized credentialing agency approved by the board;
(4) submits an application to the division on a form prescribed by the division; and
(5) pays the required licensing fee as determined by the department under Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 3 - Licensing › Section 303 - Scope of practice.

58-40a-303.
Scope of practice.
An athletic trainer may:
(1) prevent injuries by:
(a) designing and implementing physical conditioning programs, which may include:
(i) strength and range of motion testing;
(ii) nutritional advisement; and
(iii) psychosocial intervention and referral;
(b) performing preparticipation screening;
(c) fitting protective equipment;
(d) designing and constructing protective products; and
(e) continuously monitoring changes in the environment;
(2) recognize and evaluate injuries by:
(a) obtaining a history of the injury;
(b) inspecting an injured body part and associated structures;
(c) palpating bony landmarks and soft tissue structures; and
(d) performing clinical tests to determine the extent of an injury;
(3) provide immediate care of injuries by:
(a) initiating cardiopulmonary resuscitation;
(b) administering basic or advanced first aid;
(c) removing athletic equipment; and
(d) immobilizing and transporting an injured athlete;
(4) determine whether an athlete may return to participation or, if the injury requires further definitive care, refer the athlete to the appropriate directing physician;
(5) rehabilitate and recondition an injury by administering therapeutic exercise and therapeutic and physical modalities, including cryotherapy, thermotherapy, and intermittent compression, electrical stimulation, ultra sound, traction devices, or mechanical devices as directed by established, written athletic training service plans or protocols or upon the order of a directing physician;
(6) provide athletic training services administration, including:
(a) implementing athletic training service plans or protocols;
(b) writing organizational policies and procedures;
(c) complying with governmental and institutional standards; and
(d) maintaining records to document services rendered; and
(7) educate athletes to facilitate physical conditioning and reconditioning by designing and implementing appropriate programs to minimize the risk of injury.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 3 - Licensing › Section 304 - Term of license -- Expiration -- Renewal.

58-40a-304.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license for an athletic trainer in accordance with a two-year renewal cycle established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The division may, by rule, extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

58-40a-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, this chapter does not require the licensure of a medical assistant as defined in Section 58-67-102 or 58-68-102 or an individual who assists in an emergency or in providing services for which no fee is contemplated, charged, or received, provided the individual does not hold himself out as an athletic trainer.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license.

58-40a-401.
Grounds for denial of license.
The division may refuse to issue a license to an applicant, refuse to renew the license of a licensee, revoke, suspend, restrict, or place on probation the license of a licensee, issue a public or private reprimand to a licensee, and issue cease and desist orders in accordance with Section 58-1-401.
Enacted by Chapter 206, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 40a - Athletic Trainer Licensing Act › Part 5 - Unprofessional Conduct › Section 501 - Unprofessional conduct.

58-40a-501.
Unprofessional conduct.
In addition to the provisions of Subsection 58-1-501(2), "unprofessional conduct" includes:
(1) failing to report to the division an act or omission that violates a provision of this chapter by a licensee, applicant, or another individual;
(2) interfering with an investigation of a disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against a client or witness to prevent that individual from providing evidence in a disciplinary proceeding, investigation, or other legal action;
(3) failing to maintain client confidentiality unless otherwise required by law;
(4) promoting an unnecessary device, treatment, intervention, or service for financial gain by the athletic trainer or a third party; and
(5) failing to maintain adequate records.
Amended by Chapter 262, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 1 - Title of chapter.

Affected by 63I-1-258 on 7/1/2029
58-41-1.
Title of chapter.
This chapter is known as the "Speech-language Pathology and Audiology Licensing Act."
Amended by Chapter 207, 1989 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 3 - Scope of licenses -- Practicing without license prohibited.

Affected by 63I-1-258 on 7/1/2029
Effective 5/12/2020
58-41-3.
Scope of licenses -- Practicing without license prohibited.
(1) Licensing shall be granted independently either in speech-language pathology or audiology. A person shall be licensed in one or both areas when the person meets the respective qualifications.
(2) Except as provided in Section 58-41-4, no person may practice, represent themselves to be, consult, or perform as a speech-language pathologist or audiologist in this state unless the person is licensed in accordance with:
(a) this chapter; or
(b)Chapter 41a, Audiology and Speech-language Pathology Interstate Compact.
Amended by Chapter 424, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 5.5 - Temporary licenses.

Affected by 63I-1-258 on 7/1/2029
58-41-5.5.
Temporary licenses.
(1)
(a) The division may issue a temporary license to an applicant for an audiology license who:
(i) has obtained a master's or doctorate degree in audiology prior to July 1, 2010, or a clinical doctorate degree in audiology or AuD, after June 30, 2010; and
(ii) is practicing audiology in a year of clinical fellowship.
(b) The temporary license is valid for up to 12 months.
(2)
(a) The division may issue a temporary license to an applicant for a speech-language pathology license who:
(i) has completed all requirements for licensure as a speech-language pathologist under this chapter, except for Subsection 58-41-5(4)(d); and
(ii) is practicing speech-language pathology in a year of clinical fellowship.
(b) The temporary license is valid for up to 12 months.
Enacted by Chapter 397, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 6 - Board.

Affected by 63I-1-258 on 7/1/2029
58-41-6.
Board.
(1) There is created the Speech-language Pathologist and Audiologist Licensing Board, consisting of four speech-language pathologists or audiologists and one member of the general public.
(a) The nonpublic members of the board shall be licensed to provide and shall be engaged in providing speech-language pathology or audiology services to the public as a major interest as follows:
(i) one member shall be in private practice as a primary professional interest and activity or shall be a provider or speech-language pathology or audiology services at large;
(ii) one member shall be from a nonschool clinic setting which provides ongoing speech-language pathology or audiology services;
(iii) one member shall be a provider of speech-language pathology and audiology services in the elementary or secondary schools; and
(iv) one member shall be a provider of a speech-language pathology and audiology college or university training program.
(b) At no time may the board consist of more than two members who represent speech-language pathology or more than two members who represent audiology.
(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.
Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 8 - Issuance of license.

Affected by 63I-1-258 on 7/1/2029
58-41-8.
Issuance of license.
Upon the recommendation of the board the division shall issue licenses in accordance with Section 58-1-301.
Amended by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 9 - Grounds for denial of license -- Resumption of practice.

Affected by 63I-1-258 on 7/1/2029
58-41-9.
Grounds for denial of license -- Resumption of practice.
(1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.
(2) After one year from the date of revocation of a license, application may be made to the board for relicensing.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 12 - Term of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2029
58-41-12.
Term of license -- Expiration -- Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show satisfactory evidence of completion of scheduled graduate level professional training, related clinically to the profession of speech-language pathology or audiology, as may be established by the division by rule, in cooperation with the board.
(3) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 13 - Fees.

Affected by 63I-1-258 on 7/1/2029
58-41-13.
Fees.
The department shall set fees in cooperation with the board and in accordance with Section 63J-1-504 and shall collect all fees.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 14 - Single license for speech-language pathologist and audiologist -- Single fee.

Affected by 63I-1-258 on 7/1/2029
58-41-14.
Single license for speech-language pathologist and audiologist -- Single fee.
An applicant who qualifies to be licensed as both a speech-language pathologist and audiologist shall receive a single license reflecting licensure in both classifications. A fee may only be assessed for a single license.
Amended by Chapter 207, 1989 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 15 - Violation of chapter -- Penalties.

Affected by 63I-1-258 on 7/1/2029
58-41-15.
Violation of chapter -- Penalties.
A person who violates any provision of this chapter is, upon conviction, guilty of a class A misdemeanor. Whenever any person other than a licensed speech-language pathologist or audiologist has engaged in any practice that constitutes an offense under this chapter, a court of appropriate jurisdiction may issue an injunction or other appropriate order restraining that conduct.
Amended by Chapter 207, 1989 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 16 - Privileged communication.

Affected by 63I-1-258 on 7/1/2029
58-41-16.
Privileged communication.
A person licensed under this chapter may not be examined or required to reveal any findings, examinations, or representation made by his client to him, or any advice or treatment given to his client in the course of professional practice, without the consent of his client or the client's representative. A person employed by a person licensed under this chapter may not be examined without the consent of the employer concerning any fact of which the employee has acquired knowledge in his professional capacity.
Amended by Chapter 207, 1989 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41 - Speech-Language Pathology and Audiology Licensing Act › Section 17 - Requirements for selling hearing aids.

Affected by 63I-1-258 on 7/1/2029
Effective 5/9/2017
58-41-17.
Requirements for selling hearing aids.
(1) As used in this section:
(a) "Hearing aid" means a wearable instrument or device designed or offered for the purpose of aiding or compensating for human hearing loss, including its parts, attachments, or accessories.
(b) "Hearing aid" does not include a device that is surgically implanted in the cochlea or under the skin near the ear.
(2) A person licensed under this chapter who offers to sell a hearing aid to a consumer shall inform the consumer about hearing aids that work with assistive listening systems that are compliant with the ADA Standards for Accessible Design adopted by the United States Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.
(3) A person licensed under this chapter who sells a hearing aid to a consumer shall provide a written receipt or written contract to the consumer that provides the consumer with a 30-day right to cancel the purchase and to obtain a refund if the consumer returns the hearing aid to the seller in the same condition as when purchased, excluding ordinary wear and tear.
(4) The written receipt or contract shall notify the consumer of the 30-day right to cancel in at least 12-point font.
(5) The 30-day right to cancel shall commence from the date the hearing aid is originally delivered to the consumer or the date the written receipt or contract is delivered to the consumer, whichever is later.
(6) The 30-day period shall be tolled for any period during which the hearing aid seller, dealer, or fitter has possession or control of the hearing aid after its original delivery.
(7) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of the hearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by the seller in order to return the hearing aid to the manufacturer, provided that the written receipt or contract states the exact amount that will be retained by the seller as a cancellation fee.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41a - Audiology and Speech-language Pathology Interstate Compact › Section 101 - Title.

Effective 5/12/2020
58-41a-101.
Title.
This chapter is known as the "Audiology and Speech-Language Pathology Interstate Compact."
Enacted by Chapter 424, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 41a - Audiology and Speech-language Pathology Interstate Compact › Section 103 - Rulemaking authority.

Effective 5/12/2020
58-41a-103.
Rulemaking authority.
The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Section 58-41a-102.
Enacted by Chapter 424, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2025
58-42a-101.
Title.
This chapter is known as the "Occupational Therapy Practice Act."
Enacted by Chapter 240, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-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 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 2 - Board › Section 201 - Board.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-201.
Board.
(1) There is created the Board of Occupational Therapy consisting of three licensed occupational therapists, one licensed occupational therapy assistant, 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.
(4) 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 practice of a licensee; and
(b) advise the division in its investigation of these complaints.
(5) A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may not participate with the board while the board serves as a presiding officer of an administrative proceeding concerning the complaint.
Amended by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classification.

Affected by 63I-1-258 on 7/1/2025
58-42a-301.
Licensure required -- License classification.
(1) A license is required to engage in the practice of occupational therapy, except as specifically provided in Section 58-1-307 or 58-42a-304.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of:
(a) occupational therapist; or
(b) occupational therapy assistant.
(3) Nothing in this chapter shall permit an individual licensed under this chapter to engage in the practice of mental health therapy.
Enacted by Chapter 240, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-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 division rule.
(2) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Amended by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 303.5 - Continuing education.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-303.5.
Continuing education.
(1) As a condition for renewal of a license under this chapter, a licensee shall complete 24 hours of qualified continuing professional education, in accordance with standards defined by division rule in collaboration with the board, during each two-year licensure cycle.
(2) If a renewal cycle is extended or shortened under Subsection (1), the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
Enacted by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-304.
Exemptions from licensure.
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:
(1) a person licensed in the state who is engaging in the practice of the person's profession or occupation as defined in statute under which the person is licensed;
(2) a person pursuing a course of study leading to a degree for the practice of occupational therapy at an accredited education program, if that person is acting under appropriate supervision and is designated by a title that clearly indicates the person's status as a student; and
(3) a person fulfilling the supervised fieldwork experience requirements for licensure described in Section 58-42a-302, if the person is acting under appropriate supervision and is designated by a title that clearly indicates the person is performing supervised fieldwork experience to qualify for a license under this chapter.
Amended by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 305 - Limitation upon occupational therapy services provided by an occupational therapy assistant and an occupational therapy aide.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-305.
Limitation upon occupational therapy services provided by an occupational therapy assistant and an occupational therapy aide.
(1) An occupational therapy assistant:
(a) may only perform occupational therapy services under the supervision of an occupational therapist as described in Section 58-42a-306;
(b) may not write an individual treatment plan;
(c) may not approve or cosign modifications to an individual treatment plan; and
(d) may contribute to and maintain an individual treatment plan.
(2) An occupational therapy aide:
(a) may only perform occupational therapy services under the direct supervision of an occupational therapist or an occupational therapy assistant;
(b) may not write, modify, contribute, or maintain an individual treatment plan; and
(c) may only perform tasks that are repetitive and routine for which the aide has been trained and has demonstrated competence.
Amended by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 3 - Licensing › Section 306 - Supervision requirements.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-306.
Supervision requirements.
An occupational therapist who is supervising an occupational therapy assistant shall:
(1) write or contribute to an individual treatment plan before referring a client to a supervised occupational therapy assistant for treatment;
(2) approve and cosign on all modifications to the individual treatment plan;
(3) meet face to face with the supervised occupational therapy assistant as often as necessary but at least once every two weeks in person or by video conference, and at least one time every month in person, to adequately provide consultation, advice, training, and direction to the occupational therapy assistant;
(4) meet with each client who has been referred to a supervised occupational therapy assistant at least once each month, to further assess the patient, evaluate the treatment, and modify the individual's treatment plan, except that if the interval of client care occurs one time per month or less, the occupational therapist shall meet with the client at least once every four visits;
(5) supervise no more than two full-time occupational therapy assistants at one time, or four part-time occupational therapy assistants if the combined work hours of the assistants do not exceed 40 hours per week, unless otherwise approved by the division in collaboration with the board;
(6) remain responsible for client treatment provided by the occupational therapy assistant; and
(7) fulfill any other supervisory responsibilities as determined by division rule.
Amended by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 4 - License Denial and Discipline › Section 401 - Denial of license -- Discipline.

Affected by 63I-1-258 on 7/1/2025
58-42a-401.
Denial of license -- Discipline.
The division may refuse to issue a license to an applicant, refuse to renew the license of a licensee, revoke, suspend, restrict, or place on probation the license of a licensee, issue a public or private reprimand to a licensee, and issue a cease and desist order under the grounds specified in Section 58-1-401.
Enacted by Chapter 240, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2020
58-42a-501.
Unlawful conduct.
"Unlawful conduct," as defined in Section 58-1-501 and as may be further defined by division rule, includes:
(1) engaging or offering to engage in the practice of occupational therapy unless licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-42a-304;
(2) using the title occupational therapist or occupational therapy assistant unless licensed under this chapter; and
(3) obtaining a license under this chapter by means of fraud, misrepresentation, or concealment of a material fact.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42a - Occupational Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

Affected by 63I-1-258 on 7/1/2025
Effective 5/12/2015
58-42a-502.
Unprofessional conduct.
"Unprofessional conduct," as defined in Section 58-1-501 and as may be further defined by division rule, includes:
(1) being convicted of a crime in any court except for minor offenses;
(2) violating a lawful order, rule, or regulation adopted by the division in consultation with the board;
(3) providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;
(4) providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist, regardless of whether actual injury to the client is established;
(5) knowingly delegating responsibilities related to the practice of occupational therapy to an individual, including an occupational therapy aide, who does not have the knowledge, skills, or abilities to perform those responsibilities;
(6) failing to provide appropriate supervision in accordance with this chapter to an occupational therapy assistant or occupational therapy aide;
(7) practicing as an occupational therapist or occupational therapy assistant when physical or mental impairment of the occupational therapist or occupational therapy assistant prevents the provision of competent services to clients;
(8) having had an occupational therapist, occupational therapy assistant, or equivalent license or application refused, revoked, suspended, or other disciplinary action taken in another state, United States territory, or country;
(9) engaging in sexual misconduct, including:
(a) engaging in or soliciting a sexual relationship with a client;
(b) making a sexual advance, requesting a sexual favor, or engaging in physical contact of a sexual nature with a client; and
(c) engaging in verbal or physical conduct of a sexual nature in the presence of a client; and
(10) abandoning or neglecting a client in need of immediate professional care without making reasonable arrangements for the continuation of care.
Enacted by Chapter 432, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 101 - Section 1 -- Purpose.

Effective 5/4/2022
58-42b-101.
Section 1 -- Purpose.
The purpose of this Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services. The Practice of Occupational Therapy occurs in the State where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
(A) Increase public access to Occupational Therapy services by providing for the mutual recognition of other Member State licenses;
(B) Enhance the States' ability to protect the public's health and safety;
(C) Encourage the cooperation of Member States in regulating multi-State Occupational Therapy Practice;
(D) Support spouses of relocating military members;
(E) Enhance the exchange of licensure, investigative, and disciplinary information between Member States;
(F) Allow a Remote State to hold a provider of services with a Compact Privilege in that State accountable to that State's practice standards; and
(G) Facilitate the use of Telehealth technology in order to increase access to Occupational Therapy services.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 103 - Section 3 -- State participation in the compact.

Effective 5/4/2022
58-42b-103.
Section 3 -- State participation in the compact.
(A) To participate in the Compact, a Member State shall:
(1) License Occupational Therapists and Occupational Therapy Assistants;
(2) Participate fully in the Commission's Data System, including but not limited to using the Commission's unique identifier as defined in Rules of the Commission;
(3) Have a mechanism in place for receiving and investigating complaints about Licensees;
(4) Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;
(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records;
(a) A Member State shall, within a time frame established by the Commission, require a criminal background check for a Licensee seeking/applying for a Compact Privilege whose Primary State of Residence is that Member State, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions;
(b) Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544;
(6) Comply with the Rules of the Commission;
(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the Rules of the Commission; and
(8) Have Continuing Competence/Education requirements as a condition for license renewal.
(B) A Member State shall grant the Compact Privilege to a Licensee holding a valid unencumbered license in another Member State in accordance with the terms of the Compact and Rules.
(C) Member States may charge a fee for granting a Compact Privilege.
(D) A Member State may provide for the State's delegate to attend all Occupational Therapy Compact Commission meetings.
(E) Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to these individuals shall not be recognized as granting the Compact Privilege in any other Member State.
(F) Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.
Enacted by Chapter 221, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 42b - Occupational Therapy Licensure Compact › Part 1 - Compact Text › Section 105 - Section 5 -- Obtaining a new home state license by virtue of a compact privilege.

Effective 5/4/2022
58-42b-105.
Section 5 -- Obtaining a new home state license by virtue of a compact privilege.
(A) An Occupational Therapist or Occupational Therapy Assistant may hold a Home State license, which allows for Compact Privileges in Member States, in only one Member State at a time.
(B) If an Occupational Therapist or Occupational Therapy Assistant changes Primary State of Residence by moving between two Member States:
(1) The Occupational Therapist or Occupational Therapy Assistant shall file an application for obtaining a new Home State license by virtue of a Compact Privilege, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.
(2) Upon receipt of an application for obtaining a new Home State license by virtue of Compact Privilege, the new Home State shall verify that the Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria outlined in Section 58-42b-104 via the Data System, without need for primary source verification except for:
(a) an FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable Rules adopted by the Commission in accordance with Public Law 92-544;
(b) other criminal background check as required by the new Home State; and
(c) submission of any requisite Jurisprudence Requirements of the new Home State.
(3) The former Home State shall convert the former Home State license into a Compact Privilege once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the Occupational Therapist or Occupational Therapy Assistant cannot meet the criteria in Section 58-42b-104, the new Home State shall apply its requirements for issuing a new Single-State License.
(5) The Occupational Therapist or the Occupational Therapy Assistant shall pay all applicable fees to the new Home State in order to be issued a new Home State license.
(C) If an Occupational Therapist or Occupational Therapy Assistant changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single-State License in the new State.
(D) Nothing in this compact shall interfere with a Licensee's ability to hold a Single-State License in multiple States; however, for the purposes of this compact, a Licensee shall have only one Home State license.
(E) Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.
Enacted by Chapter 221, 2022 General Session