reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Renewal -- Temporary license for physical therapist assistant.

Effective 5/8/2018
58-24b-303.
Term of license -- Renewal -- Temporary license for physical therapist assistant.
(1) A license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. The division may, by rule, extend or shorten a license renewal process by one year in order to stagger the renewal cycles that the division administers.
(2) At the time of license renewal, the licensee shall provide satisfactory evidence that the licensee completed continuing education competency requirements, established by the division, by rule.
(3) If a license renewal cycle is shortened or extended under Subsection (1), the division shall increase or reduce the required continuing education competency requirements accordingly.
(4) A license issued under this chapter expires on the expiration date indicated on the license, unless the license is renewed under this section.
Amended by Chapter 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 3 - Licensing › Section 305 - License denial -- Discipline -- Cease and desist order.

58-24b-305.
License denial -- Discipline -- Cease and desist order.
In accordance with Section 58-1-401, the division may:
(1) refuse to issue a license to an applicant;
(2) refuse to renew a license;
(3) revoke, suspend, or restrict a license;
(4) place a license on probation;
(5) issue a public or private reprimand to a licensee; or
(6) issue a cease and desist order.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 4 - Practice of Physical Therapy › Section 401 - Authority and ethical standards of a licensed physical therapist and licensed physical therapist assistant -- Function of a physical therapy aide.

58-24b-401.
Authority and ethical standards of a licensed physical therapist and licensed physical therapist assistant -- Function of a physical therapy aide.
(1) A licensed physical therapist:
(a) is fully authorized to practice physical therapy; and
(b) shall adhere to the standards of ethics described in:
(i) the American Physical Therapy Association's Code of Ethics and Guide for Professional Conduct; and
(ii) rule.
(2) A licensed physical therapist assistant:
(a) is authorized to practice physical therapy:
(i) under the on-site supervision or general supervision of a licensed physical therapist; and
(ii) within the scope of practice of a licensed physical therapist assistant, as described in this chapter and by rule;
(b) shall adhere to the standards of ethics described in:
(i) the American Physical Therapy Association's Code of Ethics and Guide for Professional Conduct; and
(ii) rule; and
(c) may not be supervised by any person other than a licensed physical therapist.
(3)
(a) A physical therapy aide may not engage in the practice of physical therapy.
(b) Notwithstanding Subsection (3)(a), a physical therapy aide may provide routine assistance to:
(i) a licensed physical therapist while the licensed physical therapist engages in the practice of physical therapy, if the physical therapy aide is under the on-site supervision of the licensed physical therapist; or
(ii) a licensed physical therapist assistant while the licensed physical therapist assistant engages in the practice of physical therapy, within the scope of the licensed physical therapist assistant's license, if the physical therapy aide is:
(A) under the general or on-site supervision of a licensed physical therapist; and
(B) under the on-site supervision of the licensed physical therapist assistant.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 4 - Practice of Physical Therapy › Section 402 - Patient care and management.

58-24b-402.
Patient care and management.
(1) In practicing physical therapy, a licensed physical therapist shall:
(a) manage all aspects of the physical therapy of a patient under the licensed physical therapist's care;
(b) perform the initial evaluation and documentation for each patient;
(c) perform periodic reevaluation and documentation for each patient;
(d) perform physical therapy interventions that require immediate and continuous examination and evaluation throughout the intervention;
(e) perform all therapeutic intervention on a patient that is outside of the standard scope of practice of a licensed physical therapist assistant or a physical therapy aide;
(f) determine the therapeutic intervention to be performed by a licensed physical therapist assistant under the on-site supervision or general supervision of the licensed physical therapist to ensure that the therapeutic intervention is safe, effective, efficient, and within the scope of practice of the licensed physical therapist assistant;
(g) conduct the discharge of each patient and document for each patient, at the time of discharge, the patient's response to therapeutic intervention; and
(h) provide accurate documentation of the billing and services provided.
(2) A physical therapist assistant or a physical therapy aide may not:
(a) perform a physical therapy evaluation or assessment;
(b) identify or label a physical impairment or injury;
(c) design a plan of care for a patient;
(d) perform the joint mobilization component of manual therapy; or
(e) perform the sharp selective debridement component of wound management.
(3) Subsection (2)(d) does not apply to:
(a) simple joint distraction techniques or stretching; or
(b) a stretch or mobilization that can be given as part of a home exercise program.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 4 - Practice of Physical Therapy › Section 403 - Administration of a prescription drug.

58-24b-403.
Administration of a prescription drug.
(1) A licensed physical therapist may purchase, store, and administer topical and aerosol medications that require a prescription only as provided in this section.
(2) A licensed physical therapist may purchase, store, and administer:
(a) topically applied medicinal agents, including steroids and analgesics, for wound care and for musculoskeletal treatment, using iontophoresis or phonorphoresis; and
(b) aerosols for pulmonary hygiene in an institutional setting, if a licensed respiratory therapist is not available in, or within a 10 mile radius of, the institution.
(3) A licensed physical therapist may only purchase, store, or administer a medication described in this section pursuant to a written prescription issued by a practitioner who is licensed to prescribe that medication.
(4) This section does not authorize a licensed physical therapist to dispense a prescription drug.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 4 - Practice of Physical Therapy › Section 404 - Supervision of a licensed physical therapist assistant or a physical therapy aide.

58-24b-404.
Supervision of a licensed physical therapist assistant or a physical therapy aide.
The division shall make rules that describe the circumstances under which general supervision or on-site supervision of a physical therapist assistant or a physical therapy aide is required.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 4 - Practice of Physical Therapy › Section 405 - Animal physical therapy.

58-24b-405.
Animal physical therapy.
(1) Subject to Subsection 58-28-307(12)(b), a licensed physical therapist may practice animal physical therapy if the licensed physical therapist completes at least 100 hours of animal physical therapy training and education, which shall include:
(a) 50 hours of on-the-job training under the supervision of a licensed veterinarian;
(b) completion of a quadruped anatomy course; and
(c) continuing education for the required hours remaining.
(2) Subject to Subsection 58-28-307(12)(b), a licensed physical therapist assistant may practice animal physical therapy, within the scope of the licensed physical therapist assistant's practice, if the licensed physical therapist assistant:
(a) is under the on-site supervision or general supervision of a physical therapist who has complied with the requirements of Subsection (1); and
(b) completes at least 100 hours of animal physical therapy training and education, which shall include:
(i) 50 hours of on-the-job training under the supervision of a licensed veterinarian;
(ii) completion of a quadruped anatomy course; and
(iii) continuing education for the required hours remaining.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

58-24b-501.
Unlawful conduct.
In addition to the conduct described in Subsection 58-1-501(1), "unlawful conduct" includes:
(1) practicing physical therapy, unless the person:
(a) is licensed under this chapter to practice physical therapy and practices within the scope of that license; or
(b) is exempt from licensure under Section 58-24b-304;
(2) practicing animal physical therapy, unless the person is:
(a) authorized to practice animal physical therapy under Section 58-24b-405; or
(b) authorized to practice animal physical therapy under Subsection 58-24b-304(1)(a), (2), or (3);
(3) representing oneself as, or using the title of, a physical therapist, unless the person is:
(a) a licensed physical therapist; or
(b)
(i) licensed as a physical therapist in a jurisdiction other than Utah;
(ii) does not represent oneself as being a physical therapist licensed in Utah; and
(iii) exempt from licensure under Section 58-24b-304;
(4) representing oneself as, or using the title of, a physical therapist assistant, unless the person:
(a) is a licensed physical therapist assistant; or
(b)
(i) is licensed as a physical therapist assistant in a jurisdiction other than Utah;
(ii) does not represent oneself as being a physical therapist assistant licensed in Utah; and
(iii) is exempt from licensure under Section 58-24b-304; and
(5) conduct designated as "unlawful conduct" by the division, by rule.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

58-24b-502.
Unprofessional conduct.
In addition to the conduct described in Subsection 58-1-501(2), "unprofessional conduct" includes:
(1) using or employing the services of an individual to assist a person licensed under this chapter in a manner that is not in accordance with:
(a) generally recognized practices, standards, or ethics of the profession for which the person is licensed; or
(b) the requirements of this chapter or rule;
(2) failure by a person licensed under this chapter to confine the person's conduct to that which:
(a) the person is competent to perform, by education, training, and experience; and
(b) is within the scope of practice permitted under this chapter or rule;
(3) failure to supervise a licensed physical therapist assistant or a physical therapy aide in accordance with the requirements of this chapter or rule; and
(4) other conduct defined as "unprofessional conduct" by the division, by rule.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 504 - Reporting unlawful or unprofessional conduct -- Immunity -- Confidentiality.

58-24b-504.
Reporting unlawful or unprofessional conduct -- Immunity -- Confidentiality.
(1) A person who is aware that a person who is licensed under this chapter has violated a provision of this chapter, or a rule made pursuant to this chapter, shall report the violation to the division.
(2) A person who makes a good faith report under Subsection (1) is immune from direct or derivative civil liability for making the report.
(3) The division, the board, or a member of the division or the board, may not disclose the identity of a person who makes a report under this section, unless the disclosure is:
(a) essential to the conduct of an investigation or hearing; or
(b) ordered by a court of competent jurisdiction.
Enacted by Chapter 220, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24b - Physical Therapy Practice Act › Part 5 - Unlawful and Unprofessional Conduct › Section 505 - Trigger point dry needling -- Experience required -- Registration.

Effective 5/13/2014
58-24b-505.
Trigger point dry needling -- Experience required -- Registration.
(1) A physical therapist may practice trigger point dry needling if the physical therapist:
(a) has held a license to practice physical therapy under this chapter, and has actively practiced physical therapy, for two years;
(b) has successfully completed a course in trigger point dry needling that:
(i) is approved by the division; and
(ii) includes at least 300 total course hours, including at least:
(A) 54 hours of in-person instruction; and
(B) 250 supervised patient treatment sessions;
(c) files a certificate of completion of the course described in Subsection (1)(b) with the division;
(d) registers with the division as a trigger point dry needling practitioner; and
(e) meets any other requirement to practice trigger point dry needling established by the division.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
(a) the criteria for approving a course described in Subsection (1)(b); and
(b) the requirements described in Subsection (1)(e).
(3) The division may charge, in accordance with Section 63J-1-504, a fee for the registration described in Subsection (1)(d).
Enacted by Chapter 354, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24c - Physical Therapy Licensure Compact › Section 103 - Rulemaking authority.

Effective 5/9/2017
58-24c-103.
Rulemaking authority.
The division may adopt rules necessary to implement the provisions of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 164, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 24c - Physical Therapy Licensure Compact › Section 104 - Physical therapy licensing board.

Effective 5/9/2017
58-24c-104.
Physical therapy licensing board.
As used in the compact, with reference to this state, "physical therapy licensing board" or "licensing board" means the physical therapy licensing board created in Section 58-24b-201.
Enacted by Chapter 164, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 2 - Board › Section 201 - Board.

58-26a-201.
Board.
(1) There is created the Utah Board of Accountancy consisting of four licensed certified public accountants and one member of the general public.
(2) The board shall be appointed and shall serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer of an administrative proceeding concerning the complaint.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 3 - Licensing › Section 301 - Licensure or registration required -- License and registration classifications.

58-26a-301.
Licensure or registration required -- License and registration classifications.
(1)
(a) A license is required for an individual to engage in the practice of public accounting, except as specifically provided in Section 58-26a-305 or 58-1-307.
(b) Registration with the division is required for a qualified business entity to engage in the practice of public accounting, except as specifically provided in Section 58-26a-305 or 58-1-307.
(2)
(a) The division shall issue to an individual who qualifies under this chapter a license in the classification of Certified Public Accountant.
(b) The division shall issue to a qualified business entity which qualifies under this chapter a registration in the classification of Certified Public Accountant Firm.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 3 - Licensing › Section 303 - Term of license and registration -- Expiration -- Renewal.

58-26a-303.
Term of license and registration -- Expiration -- Renewal.
(1) The division shall issue each license and registration under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal a licensee shall show satisfactory evidence of each of the following renewal requirements:
(a) completion of qualified continuing education as required under Section 58-26a-304; and
(b) successful completion of a peer review meeting the requirements established by rule by the division in collaboration with the board.
(3) Each license or registration automatically expires on the date shown on the license or registration unless it is renewed in accordance with Section 58-1-308.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 3 - Licensing › Section 304 - Continuing education.

Effective 5/9/2017
58-26a-304.
Continuing education.
(1) Except as provided in Subsections (2) through (4), as a condition precedent for a license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by rule, complete 80 hours of qualified continuing professional education in accordance with standards defined by rule.
(2) A person practicing as a certified public accountant in the state under Subsection 58-26a-302(2) and who is seeking a license renewal in this state shall be determined to have met the continuing professional education requirement of this section by:
(a) meeting the continuing professional education requirements for license renewal in the state in which the licensee's principal place of business is located;
(b) demonstrating compliance with the requirements of Subsection (2)(a) by signing a statement to that effect on the renewal application of this state;
(c) complying with all continuing professional education requirements described in Subsection (1) if the state where the person's principal place of business is located has no continuing professional education requirements for license renewal;
(d) completing at least one hour of continuing professional education that covers:
(i) this chapter; and
(ii) Utah Administrative Code, R156-26a, Utah Certified Public Accountant Licensing Act Rule; and
(e) completing at least three hours of ethics education that cover one or more of the following areas:
(i) the AICPA Code of Professional Conduct;
(ii) case-based instruction focusing on real-life situational learning;
(iii) ethical dilemmas faced by accounting professionals; or
(iv) business ethics.
(3) If a renewal cycle is extended or shortened under Section 58-26a-303, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
(4)
(a) A licensee may request a waiver of the requirements of Subsection (1) for a period not exceeding three years by:
(i) submitting an application for waiver in a form approved by the division; and
(ii) demonstrating that the licensee will be engaged in activities or be subject to circumstances which prevent the licensee from meeting the requirements of Subsection (1) during the period of the waiver.
(b) An application for waiver shall be granted upon a showing of good cause.
(c) A licensee who is granted a waiver under this section shall complete 30 hours of continuing professional education within the six months immediately following the expiration of the waiver that includes at least 16 hours of continuing professional education focusing on auditing and accounting.
Amended by Chapter 229, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 3 - Licensing › Section 306 - Examination requirements.

Effective 5/12/2020
58-26a-306.
Examination requirements.
(1) Before taking the qualifying examinations, an applicant shall:
(a) submit an application in a form approved by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) demonstrate completion of at least 120 semester hours or 180 quarter hours of the education requirement described in Subsection 58-26a-302(1)(c); and
(d) be approved by the board, or an organization designated by the board, to take the qualifying examinations.
(2) A person must sit for and meet the conditioning requirements of the AICPA Uniform CPA Examination as established by the AICPA.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 3 - Licensing › Section 307 - CPA emeritus status -- Renewal of license.

58-26a-307.
CPA emeritus status -- Renewal of license.
(1) A person currently licensed as a certified public accountant may, on any renewal date of that license, apply for and obtain a transfer of that license to a status of CPA emeritus registration if:
(a)
(i) the licensee is at least 60 years of age as of the date of renewal;
(ii) the licensee has a disability; or
(iii) the board finds other good cause for believing that the licensee will not return to the practice of public accountancy;
(b) the licensee makes an application for transfer of status and registration and pays a registration fee determined by the department under Section 63J-1-504;
(c) the licensee, on application for transfer, certifies that the licensee will not engage in the practice of public accountancy while in the status of CPA emeritus registration; and
(d) the licensee is in good standing as a CPA and not subject to any order of revocation, suspension, or probation.
(2) Each CPA emeritus registration shall be issued in accordance with a two-year renewal cycle established by rule.
(3) CPA emeritus registrants may not engage in the practice of public accountancy.
(4) CPA emeritus registrants are not required to fulfill the continuing professional education or peer review provisions of this chapter.
(5) Each CPA emeritus registrant is responsible for renewing the registration, according to procedures that the division establishes by rule in collaboration with the board in accordance with Section 58-1-308.
(6) A CPA emeritus registrant may reinstate the CPA license by:
(a) submitting an application in a form prescribed by the division;
(b) paying a fee determined by the department under Section 63J-1-504; and
(c) showing evidence of having completed the continuing professional education requirement established by rule.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-26a-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

Effective 5/10/2016
58-26a-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) using "certified public accountant," "public accountant," "CPA," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless that person:
(a) has a current license as a certified public accountant issued under this chapter; or
(b) qualifies for a practice privilege as provided in Subsection 58-26a-305(1)(a);
(2) a firm assuming or using "certified public accountant," "CPA," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless each office of the firm in this state:
(a) is registered with the division; and
(b) meets the requirements of Subsections 58-26a-302(3)(a)(iii) and (iv);
(3) signing or affixing to any accounting or financial statement the person's name or any trade or assumed name used in that person's profession or business, with any wording indicating that the person is an auditor, or with any wording indicating that the person has expert knowledge in accounting or auditing, unless that person is licensed under this chapter and all of the person's offices in this state for the practice of public accountancy are maintained and registered as provided in this chapter; and
(4) except as provided in Section 58-26a-305, engaging in the following conduct if not licensed under this chapter to practice public accountancy:
(a) issuing a report on financial statements of any other person, firm, organization, or governmental unit; or
(b) issuing a report using any form of language substantially similar to conventional language used by licensees respecting:
(i) a review of financial statements; or
(ii) a compilation of financial statements.
Amended by Chapter 238, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 6 - Regulatory and Operating Standards › Section 601 - Ownership of statements, records, schedules, working papers, and memoranda made by licensee.

58-26a-601.
Ownership of statements, records, schedules, working papers, and memoranda made by licensee.
(1) All statements, records, schedules, working papers, and memoranda made by a licensee under this chapter, incident to or in the course of professional service to a client, are the property of the licensee, in the absence of any express agreement between the licensee and the client to the contrary.
(2) A licensee may not sell, trade, or bequeath statements, records, schedules, working papers, or memoranda without the consent of the client or the client's personal representative or assignee to anyone other than another licensee or one or more surviving partners or shareholders or new partners or shareholders of the licensee or any combined or merged CPA firm or successors-in-interest to the CPA firm.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 26a - Certified Public Accountant Licensing Act › Part 6 - Regulatory and Operating Standards › Section 602 - Privity.

58-26a-602.
Privity.
A licensee, a CPA firm registered under this chapter, and any employee, partner, member, officer, or shareholder of a licensee or CPA firm are not liable to persons with whom they are not in privity of contract for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by that person, except for:
(1) acts, omissions, decisions, or conduct that constitute fraud or intentional misrepresentations; or
(2) other acts, omissions, decisions, or conduct, if the person performing the professional services:
(a) knew that a primary intent of the client was for the professional services to benefit or influence the particular person seeking to establish liability; and
(b) identified in writing to the client that the professional services performed on behalf of the client were intended to be relied upon by the particular person seeking to establish liability.
Enacted by Chapter 261, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Effective 5/12/2020
58-28-103.
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 435, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 2 - Board › Section 201 - Veterinary Board created -- Duties.

58-28-201.
Veterinary Board created -- Duties.
(1) There is created a Veterinary Board consisting of four veterinarians who have practiced in the state for not less than five years and one member of the general public.
(2) The board shall be appointed and serve in accordance with the provisions of 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)
(a) The board shall designate one of its members to assist and advise the division with reviewing complaints concerning unlawful or unprofessional conduct under this chapter.
(b) A board member shall be recused from any adjudicative proceeding held by the board concerning a complaint for which the board member advised the division under Subsection (4)(a).
Renumbered and Amended by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 301 - Licensure required.

Effective 5/12/2020
58-28-301.
Licensure required.
(1)
(a) A license is required to engage in the practice of veterinary medicine, except as specifically provided in Sections 58-1-307 and 58-28-307.
(b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be licensed under this chapter as a veterinary intern in order to engage in a program of indirectly supervised clinical training with a veterinarian licensed under this chapter, and as necessary to meet licensing requirements under Subsection 58-28-302(1)(c).
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of:
(a) veterinarian; or
(b) veterinarian intern.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 302 - License qualifications.

Effective 5/12/2020
58-28-302.
License qualifications.
(1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry shall:
(a) pass an examination approved by the board on the theory and practice of the science of veterinary medicine, surgery, dentistry, and other subjects determined by the board, knowledge of which is generally required of veterinarians;
(b)
(i) graduate from a veterinary college accredited by the AVMA; or
(ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary Graduates issued by the AVMA;
(c)
(i) have practiced under the supervision of a veterinarian licensed to practice in this state for a period of at least six months;
(ii) have participated in veterinary investigational, educational, or sanitary control work of a nature and duration as to be the equivalent of the experience of Subsection (1)(c)(i);
(iii) have practiced as a licensed veterinarian outside Utah for a period of at least six months; or
(iv) have practiced as a veterinarian while employed by the United States government, its agencies, or the state or its political subdivisions for a period of at least six months; and
(d) pay a fee to the Department of Commerce determined in accordance with Section 63J-1-504 for the examination, for an initial license, and for a renewal license.
(2)
(a) An applicant for licensure as a veterinary intern shall comply with the provisions of Subsection (1)(b).
(b) An applicant's license as a veterinary intern is limited to the period of time necessary to complete clinical training as described in Subsection (1)(c) and extends not more than one year from the date the minimum requirement for training is completed, unless the individual presents satisfactory evidence to the division and the board that the individual is making reasonable progress toward passing the qualifying examination or is otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period of time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised clinical training has been completed.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 303 - License -- Display -- Revocation for nondisplay or nonrenewal.

58-28-303.
License -- Display -- Revocation for nondisplay or nonrenewal.
A licensed veterinarian shall display the veterinarian's license in a conspicuous place in the veterinarian's principal place of business. The division may revoke any license which is not displayed in accordance with this section.
Renumbered and Amended by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 304 - Temporary license -- License reciprocity.

Effective 5/4/2022
58-28-304.
Temporary license -- License reciprocity.
(1) The division may issue a temporary license to practice veterinary medicine, surgery, and dentistry to any person not qualified for licensure under Section 58-1-302 who meets all requirements of Section 58-28-302 with the exception of Subsections 58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date examination results are available for the examination next following the date of the issuance of the temporary license.
(2) The temporary license shall permit the holder to practice under the indirect supervision of a veterinarian licensed to practice in this state.
(3) The division may extend the expiration date of the temporary license until the following examination date if:
(a) the applicant shows to the board good cause for failing to take or pass the examination; and
(b) the majority of the board members recommend the extension.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 305 - Term of license -- Expiration -- Renewal.

58-28-305.
Term of license -- Expiration -- Renewal.
(1) A license as a veterinarian 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) A license as a veterinarian intern issued under this chapter shall be issued for a term established by the division by rule and consistent with the requirements of Subsection 58-28-302(2)(b).
(3) Each license under this chapter automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Renumbered and Amended by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 306 - Continuing education.

58-28-306.
Continuing education.
The division may, by rule, in accordance with Section 58-1-203, establish a continuing education requirement as a condition to renewal of a license under this chapter.
Enacted by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 308 - Provisions for current practitioners.

58-28-308.
Provisions for current practitioners.
An individual who, as of August 1, 2006, is practicing as a veterinarian intern under supervision of a veterinarian licensed under this chapter shall receive a temporary license to practice in the state as a veterinary intern:
(1) if, prior to August 1, 2006, the individual submits an application and any required fees to the division to obtain licensure under this chapter as a veterinary intern; and
(2) while the application for licensure is pending with the division.
Enacted by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 309 - Qualifications for state certification.

Effective 5/12/2020
58-28-309.
Qualifications for state certification.
(1) The division shall grant state certification to a person who qualifies under this section to engage in the practice of veterinary technology as a state certified veterinary technician.
(2) Each applicant for state certification as a state certified veterinary technician shall:
(a) submit an application in a form prescribed by the division in consultation with the board;
(b) submit evidence of graduation from an AVMA-accredited program in veterinary technology that is at least two years, or an equivalent program as determined by division rule in consultation with the board;
(c) submit evidence of achieving a passing score, as determined by the division in consultation with the board, on the Veterinary Technician National Examination, or an equivalent examination as determined by division rule in consultation with the board;
(d) pay a fee determined by the department under Section 63J-1-504; and
(e) provide satisfactory documentation that the applicant meets other criteria determined by division rule in consultation with the board.
Enacted by Chapter 435, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 310 - Term of state certification.

Effective 5/12/2020
58-28-310.
Term of state certification.
(1) The division shall grant state certification under this chapter in accordance with a two-year renewal cycle established in rule by the division in consultation with the board.
(2) At the time of renewal, an applicant for renewal shall provide proof of completion of any continuing education requirements established by the division in consultation with the board.
(3) If a state certified veterinary technician is placed on probation, the state certification is expired, or if the division revokes or suspends the state certification for an individual, the individual shall cease:
(a) using the title state certified veterinary technician in connection with the individual's name or business; and
(b) representing to others that the individual is a state certified veterinary technician.
(4) An individual whose certification ceases as described in Subsection (3) may reapply for state certification when the individual meets the requirements for state certification described in Section 58-28-309.
Enacted by Chapter 435, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 3 - Licensing › Section 311 - Limitation of state certification.

Effective 5/12/2020
58-28-311.
Limitation of state certification.
This chapter does not prevent a person from lawfully engaging in the practice of veterinary technology without state certification under the direct supervision of a veterinarian licensed under this chapter.
Enacted by Chapter 435, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 4 - Licensing Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-28-401.
Grounds for denial of license -- Disciplinary proceedings.
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.
Renumbered and Amended by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/12/2020
58-28-501.
Unlawful conduct.
Unlawful conduct includes, in addition to the definitions in Section 58-1-501:
(1) fraudulently issuing or using any health certificate, inspection certificate, vaccination certificate, test chart, or any other certificate relating to the existence of animal diseases or the sale of animal products for human consumption;
(2) willfully misrepresenting any findings in the inspection of foodstuffs of animal origin;
(3) fraudulently misapplying or reporting any intradermal, cutaneous, subcutaneous, serological, or chemical test;
(4) for an individual who is not a state certified veterinary technician, using the title state certified veterinary technician, or representing that the individual is a state certified veterinary technician, in connection with the individual's name or business; and
(5) for a state certified individual whose state certification is suspended, placed on probation, revoked, or has expired for any reason, using the title state certified veterinary technician in connection with the individual's name or business.
Amended by Chapter 435, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful or unprofessional conduct.

Effective 5/4/2022
58-28-503.
Penalty for unlawful or unprofessional conduct.
(1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is guilty of a third degree felony.
(2) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 1, Division of Professional Licensing Act, the division may impose administrative penalties of up to $10,000 for acts of unprofessional conduct or unlawful conduct under this chapter.
(3) Assessment of a penalty under this section does not affect any other action the division is authorized to take regarding a license issued under this chapter.
(4)
(a) The director may collect a penalty that is not paid by:
(i) referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.
(b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.
(c) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 601 - Animal abandonment.

58-28-601.
Animal abandonment.
(1) Any animal which suffers abandonment for a period of five days may be sold or placed in the custody of the nearest humane society or county dog pound if the animal is not picked up within seven days after mailing a notification, by certified mail, to the last known address of the person placing the animal in the veterinarian's custody. If no humane society or dog pound is located in the county, the animal may be disposed of in a humane manner.
(2) A veterinarian who complies with this section is relieved from liability for the disposal or sale of abandoned animals.
Renumbered and Amended by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 602 - Cruelty to animals -- Immunity for reporting.

58-28-602.
Cruelty to animals -- Immunity for reporting.
A licensed veterinarian who in good faith and in the normal course of business, reports a suspected case of animal cruelty to law enforcement or the proper authorities is immune from liability in any civil or criminal action brought against the veterinarian for reporting the suspected cruelty.
Enacted by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 603 - Medical records.

58-28-603.
Medical records.
Medical records maintained by a person licensed under this chapter:
(1) shall meet the standards and ethics of the profession;
(2) shall be maintained in accordance with administrative rules adopted by the division in consultation with the board; and
(3) may be maintained in electronic format.
Enacted by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 604 - Veterinarian-client-patient relationship.

58-28-604.
Veterinarian-client-patient relationship.
(1) A licensee under this chapter may only practice under a veterinarian-client-patient relationship as defined in Section 58-28-102.
(2) A veterinarian-client-patient relationship may not be established solely by telephone or other electronic means.
Enacted by Chapter 109, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 6 - Standards of Practice › Section 605 - Veterinarian-client-patient confidentiality.

58-28-605.
Veterinarian-client-patient confidentiality.
(1) A licensee under this chapter may not disclose information about the licensee's care of an animal to anyone other than the client, as defined in Section 58-28-102, unless:
(a) the client consents to the disclosure in writing;
(b) disclosure to public health officials, animal health or welfare officials, agricultural authorities, or federal, state, or local officials is required, or necessary to protect the animal or to protect public health;
(c) disclosure is required by court order or subpoena; or
(d) the client has placed the veterinarian's care or treatment of the animal or the nature or extent of injuries to the animal at issue in a civil or criminal proceeding.
(2) A licensee who releases medical records under the provisions of this section is not liable to the client or any other person for the release of the records.
Enacted by Chapter 109, 2006 General Session