reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 505 - Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

Effective 5/3/2023
58-70a-505.
Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 58-17b-102.
(b) "Increased risk" means the same as that term is defined in Section 26B-4-501.
(c) "Opiate antagonist" means the same as that term is defined in Section 26B-4-501.
(d) "Opiate-related drug overdose event" means the same as that term is defined in Section 26B-4-501.
(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
(2) The prescribing or dispensing of an opiate antagonist by a licensee under this chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the opiate antagonist:
(a) in a good faith effort to assist:
(i) an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(ii) a family member of, friend of, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(b) to an overdose outreach provider pursuant to Subsection 26B-4-509(2)(a)(iii).
(3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70a - Utah Physician Assistant Act › Part 5 - Scope of Practice - Unlawful and Unprofessional Conduct - Penalties › Section 507 - Volunteer health care services.

Effective 5/5/2021
58-70a-507.
Volunteer health care services.
(1) A physician assistant may provide health care services as a volunteer for a charitable organization or at a public or private event, including a religious event, youth camp, community event, or health fair, if the physician assistant:
(a) receives no compensation for such services; and
(b) provides the health care services in a manner that is consistent with the physician assistant's education, experience, and scope of practice.
(2) Notwithstanding Subsection 58-70a-501(8), a physician assistant who is providing volunteer health services under this section may not issue a prescription to a patient for a controlled substance.
Enacted by Chapter 312, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
58-70b-101.
Definitions.
As used in this chapter:
(1) "Anesthesiologist" means an individual who:
(a) is licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; and
(b) has completed a residency program in anesthesiology.
(2) "Anesthesiologist assistant" means an individual licensed under this chapter.
(3) "Board" means the Physicians Licensing Board created in Section 58-67-201.
(4) "Practice of assisting an anesthesiologist" means personally performing the health care services delegated to the anesthesiologist assistant by the supervising anesthesiologist in accordance with the acceptable medical practice and the American Society of Anesthesiologists' guidance for best practice of anesthesia in a care team model.
(5) "Supervision standards" means standards established by the division through rule that:
(a) prohibit an anesthesiologist from supervising more than four anesthesiologist assistants at any one time; and
(b) comply with the rules and regulations for anesthesia service reimbursement created by the Centers for Medicare and Medicaid Services to the extent that the rules and regulations do not conflict with state law.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 1 - General Provisions › Section 102 - Rulemaking.

Effective 5/4/2022
58-70b-102.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules as authorized by this chapter.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- Supervision -- Issuance of licenses.

Effective 5/4/2022
58-70b-301.
Licensure required -- Supervision -- Issuance of licenses.
(1) Beginning January 1, 2023, and except as provided in Section 58-1-307:
(a) a license is required to engage in the practice of assisting an anesthesiologist; and
(b) the practice of assisting an anesthesiologist requires compliance with supervision standards.
(2) The division shall issue to any individual who qualifies under this chapter a license to practice as an anesthesiologist assistant.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/3/2023
58-70b-302.
Qualifications for licensure.
Each applicant for licensure as an anesthesiologist assistant under this chapter shall:
(1) submit an application on a form established by the division;
(2) pay a fee determined by the division under Section 63J-1-504;
(3) provide satisfactory documentation of having graduated from a program certified by the Commission on Accreditation of Allied Health Education Programs or the commission's successor organization;
(4) within 12 months of completing the training under Subsection (3), pass the certification exam offered by the National Commission for Certification of Anesthesiologist Assistants; and
(5) have the certification described in Subsection (4) at the time of the application and maintain the certification throughout the term of the license.
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/4/2022
58-70b-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles the division administers.
(2) Each licensee shall, at the time of applying for renewal, demonstrate compliance with continuing education requirements established through rule by the division in collaboration with the board.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section 58-1-308.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 4 - Unlawful and Unprofessional Conduct › Section 401 - Unlawful conduct.

Effective 5/4/2022
58-70b-401.
Unlawful conduct.
(1) An individual commits unlawful conduct by:
(a) using the title "anesthesiologist assistant" or any other title or designation tending to indicate that the individual is an anesthesiologist assistant unless that individual has a current license as an anesthesiologist assistant issued under this chapter; or
(b) engaging in the practice of assisting an anesthesiologist without being an anesthesiologist assistant.
(2) An anesthesiologist assistant commits unlawful conduct by engaging in the practice of assisting an anesthesiologist without complying with supervision standards.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70b - Anesthesiologist Assistant Licensing Act › Part 4 - Unlawful and Unprofessional Conduct › Section 402 - Unprofessional conduct.

Effective 5/4/2022
58-70b-402.
Unprofessional conduct.
An anesthesiologist assistant commits unprofessional conduct by:
(1) engaging in any act or practice in a professional capacity which the licensee is not competent to perform through training or experience;
(2) failing to refer a client to other competent professionals when the licensee is unable or unwilling to adequately support or serve the client;
(3) failing to maintain the confidentiality of any information received from a client, unless released by the client or otherwise authorized or required by law; or
(4) exploiting a client for personal advantage, profit, or interest.
Enacted by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 101 - Section 1 -- Purpose.

Effective 5/3/2023
58-70c-101.
Section 1 -- Purpose.
In order to strengthen access to Medical Services, and in recognition of the advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of a License to practice as a PA while safeguarding the safety of patients. This Compact allows Medical Services to be provided by PAs, via the mutual recognition of the Licensees Qualifying License by other Compact Participating States. This Compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a PA through the procedures of this Compact. The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 103 - Section 3 -- State Participation in this Compact.

Effective 5/3/2023
58-70c-103.
Section 3 -- State Participation in this Compact.
A. To participate in this Compact, a Participating State shall:
1. License PAs.
2. Participate in the Compact Commission’s Data System.
3. Have a mechanism in place for receiving and investigating complaints against Licensees and License applicants.
4. Notify the Commission, in compliance with the terms of this Compact and Commission Rules, of any Adverse Action against a Licensee or License applicant and the existence of Significant Investigative Information regarding a Licensee or License applicant.
5. Fully implement a Criminal Background Check requirement, within a time frame established by Commission Rule, by its Licensing Board receiving the results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License.
6. Comply with the Rules of the Compact Commission.
7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.
8. Grant the Compact Privilege to a holder of a Qualifying License in a Participating State.
B. Nothing in this Compact prohibits a Participating State from charging a fee for granting the Compact Privilege.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 104 - Section 4 -- Compact Privilege.

Effective 5/3/2023
58-70c-104.
Section 4 -- Compact Privilege.
A. To exercise the Compact Privilege, a Licensee must:
1. Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or other programs authorized by Commission Rule.
2. Hold current NCCPA certification.
3. Have no felony or misdemeanor Conviction.
4. Have never had a controlled substance license, permit, or registration suspended or revoked by a State or by the United States Drug Enforcement Administration.
5. Have a unique identifier as determined by Commission Rule.
6. Hold a Qualifying License.
7. Have had no revocation of a License or limitation or restriction on any License currently held due to an adverse action.
8. If a Licensee has had a limitation or restriction on a License or Compact Privilege due to an Adverse Action, two years must have elapsed from the date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action.
9. If a Compact Privilege has been revoked or is limited or restricted in a Participating State for conduct that would not be a basis for disciplinary action in a Participating State in which the Licensee is practicing or applying to practice under a Compact Privilege, that Participating State shall have the discretion not to consider such action as an Adverse Action requiring the denial or removal of a Compact Privilege in that State.
10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege in a Remote State.
11. Meet any Jurisprudence Requirement of a Remote State in which the Licensee is seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the Jurisprudence Requirement.
12. Report to the Commission any Adverse Action taken by a non-participating State within thirty (30) days after the action is taken.
B. The Compact Privilege is valid until the expiration or revocation of the Qualifying License unless terminated pursuant to an Adverse Action. The Licensee must also comply with all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:
1. The License is no longer limited or restricted; and
2. Two (2) years have elapsed from the date on which the License is no longer limited or restricted due to the Adverse Action.
C. Once a restricted or limited License satisfies the requirements of Subsection B.1 and 2, the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in any Remote State.
D. For each Remote State in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such State in granting or renewing such authority.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 105 - Section 5 -- Designation of the State from Which Licensee is Applying for a Compact Privilege.

Effective 5/3/2023
58-70c-105.
Section 5 -- Designation of the State from Which Licensee is Applying for a Compact Privilege.
A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
1. When applying for a Compact Privilege, the Licensee shall provide the Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence.
2. When applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 108 - Section 8 -- Data System.

Effective 5/3/2023
58-70c-108.
Section 8 -- Data System.
A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse Action, and the reporting of the existence of Significant Investigative Information on all licensed PAs and applicants denied a License in Participating States.
B. Notwithstanding any other State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact Privilege;
4. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law);
5. The existence of Significant Investigative Information; and
6. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
C. Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.
D. The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State.
E. Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System.
F. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
G. The records and information provided to a Participating State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a Participating State.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 112 - Section 12 -- Construction and Severability.

Effective 5/3/2023
58-70c-112.
Section 12 -- Construction and Severability.
A. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B or this section, the Commission may deny a State's participation in the Compact or, in accordance with the requirements of Section 10.B, terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 1 - Compact Text › Section 113 - Section 13 -- Binding Effect of Compact.

Effective 5/3/2023
58-70c-113.
Section 13 -- Binding Effect of Compact.
A. Nothing herein prevents the enforcement of any other law of a Participating State that is not inconsistent with this Compact.
B. Any laws in a Participating State in conflict with this Compact are superseded to the extent of the conflict.
C. All agreements between the Commission and the Participating States are binding in accordance with their terms.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 70c - PA Licensure Compact › Part 2 - Division Implementation › Section 201 - Rulemaking authority -- State authority over scope of practice.

Effective 5/3/2023
58-70c-201.
Rulemaking authority -- State authority over scope of practice.
(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
(2) Notwithstanding any provision in Sections 58-70c-101 through 58-70c-113, Sections 58-70c-101 through 58-70c-113 do not supersede state law related to an individual's scope of practice under this title.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 2 - Board › Section 203 - Drug category review.

Effective 5/3/2023
58-71-203.
Drug category review.
(1) As used in this section, "FDA" means the federal Food and Drug Administration.
(2) After April 1, 2022, if the FDA adds a new drug category to the FDA's general drug category list, the division shall determine whether the drug category is consistent with the practice of naturopathic medicine.
(3) To make the determination described in Subsection (2), the division shall consult with the board described in Section 58-67-201.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to implement this section.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-71-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of naturopathic medicine, on or for any person in Utah, as a naturopathic physician.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of naturopathic physician.
Enacted by Chapter 282, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-71-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education renewal requirements.
(3) Each license issued under this chapter expires on the expiration date shown on the license unless renewed in accordance with Section 58-1-308.
Amended by Chapter 268, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 304 - License renewal requirements.

Effective 5/3/2023
58-71-304.
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by division rule, complete qualified continuing professional education requirements in accordance with the number of hours and standards defined by division rule.
(2) If a renewal period is extended or shortened under Section 58-71-303, the continuing education hours required for license renewal under this section are increased or decreased proportionally.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 304.2 - Temporary license.

Effective 5/3/2023
58-71-304.2.
Temporary license.
(1) The division may issue a temporary license to an individual who:
(a) meets all qualifications for licensure except completion of the 12 month clinical experience required under Section 58-71-302; and
(b) presents a plan acceptable to the division under which the applicant will practice under the direct supervision of a licensed naturopathic physician, physician and surgeon, or osteopathic physician, who supervises not more than three naturopathic physicians in an approved clinical experience program.
(2) A temporary license issued under this section expires on the date the licensee completes the clinical experience program, but not more than 18 months from the original date of issue.
(3) A temporary license under this section may be issued only once to an individual.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 305 - Exemptions from licensure.

Effective 5/8/2018
58-71-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following individuals may engage in the described acts or practices without being licensed under this chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited under state or federal law, but this subsection does not:
(a) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity, pain, or other condition; or
(b) prohibit providing truthful and nonmisleading information regarding any of the products under this subsection;
(4) a person engaged in good faith in the practice of the religious tenets of any church or religious belief, without the use of prescription drugs;
(5) a person acting in good faith for religious reasons as a matter of conscience or based on a personal belief when obtaining or providing information regarding health care and the use of any product under Subsection (3);
(6) an individual authorized by the Department of Health under Section 26-1-30, to draw blood pursuant to Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi);
(7) a naturopathic medical assistant while working under the direct and immediate supervision of a licensed naturopathic physician to the extent the medical assistant is engaged in tasks appropriately delegated by the supervisor in accordance with the standards and ethics of the practice of naturopathic medicine; and
(8) an individual who has completed all requirements for licensure under this chapter except the clinical experience required under Section 58-71-302, for a period of one year while that individual is completing that clinical experience requirement and who is working under the provisions of a temporary license issued by the division.
Amended by Chapter 35, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 3 - Licensing › Section 306 - Status of licenses held on the effective date of this chapter.

58-71-306.
Status of licenses held on the effective date of this chapter.
An individual holding a current license as a naturopathic physician that was issued under prior Utah law is considered to hold a current license and retains the scope of practice authorized under this title prior to the enactment of this chapter.
Enacted by Chapter 282, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-71-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for division action regarding the following are under Section 58-1-401:
(1) refusing to issue a license to an applicant or refusing to renew the license of a licensee;
(2) revoking, suspending, restricting, or placing on probation the license of a licensee;
(3) assessing an administrative penalty; and
(4) issuing a public or private reprimand to a licensee or issuing a cease and desist order.
Enacted by Chapter 282, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 4 - License Denial and Discipline › Section 402 - Authority to assess penalty.

Effective 5/4/2022
58-71-402.
Authority to assess penalty.
(1) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Title 58, 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.
(2) 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.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

58-71-501.
Unlawful conduct.
(1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
(a) buying, selling, or fraudulently obtaining, any medical diploma, license, certificate, or registration related to credentials of a naturopathic physician; and
(b) aiding or abetting the buying, selling, or fraudulently obtaining of any naturopathic physician diploma, license, certificate, or registration.
(2) "Unlawful conduct" does not include the good faith expression of informed opinions as to available alternatives to the treatment prescribed or advised by the licensee.
Enacted by Chapter 282, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/12/2020
58-71-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession, state law, or division rule; or
(2) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
(b) conduct described in Subsection (1) or Subsection 58-1-501(1).
Amended by Chapter 25, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

Effective 5/8/2018
58-71-503.
Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provisions of Section 58-71-501, Subsection 58-1-501(1)(a), or 58-1-501(1)(c) is guilty of a third degree felony.
(2) The division may assess administrative penalties in accordance with the provisions of Section 58-71-402, for acts of unlawful conduct.
(3)
(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 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 7 - Immunity Provisions › Section 701 - Immunity provisions apply.

58-71-701.
Immunity provisions apply.
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, applies to licensees under this chapter.
Enacted by Chapter 282, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 8 - Practice Standards › Section 801 - Disclosure of financial interest by licensee.

Effective 5/3/2023
58-71-801.
Disclosure of financial interest by licensee -- Kick-back prohibition.
(1) Except as provided in Subsection (2), a naturopathic physician may not refer an individual to any of the following entities where the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest:
(a) a pharmacy as defined in Section 58-17b-102 or pharmaceutical facility as defined in Section 58-17b-102; or
(b) a retail store, wholesaler, distributor, manufacturer, or facility of any other kind located in this state that is engaged in the sale, dispensing, delivery, distribution, or manufacture of homeopathic remedies, dietary supplements, or natural medicines.
(2)
(a) A naturopathic physician may refer an individual to an entity described in Subsection (1)(a) or (b) if:
(i) the entity's stock is publicly traded and the naturopathic physician owns less than 5% of the entity's outstanding stock; or
(ii) at the time of the referral, the naturopathic physician discloses in writing that the naturopathic physician or a member of the naturopathic physician's immediate family has an ownership interest in the entity.
(b) A disclosure described in Subsection (2)(a)(ii) shall include a statement informing the patient that the patient may choose to obtain a good or service from another entity.
(c) A naturopathic physician shall comply with any applicable federal laws regarding patient referrals and kick-backs that apply to a physician.
(3) A naturopathic physician may sell from the naturopathic physician's office homeopathic remedies or dietary supplements as defined in the Federal Food Drug and Cosmetic Act consistent with division rule.
Amended by Chapter 311, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 8 - Practice Standards › Section 802 - Form of practice.

Effective 5/3/2023
58-71-802.
Form of practice.
(1) A naturopathic physician licensed under this chapter may engage in practice as a naturopathic physician, or in the practice of naturopathic medicine only as an individual licensee; but as an individual licensee, the naturopathic physician may be:
(a) an individual operating as a business proprietor;
(b) an employee of another person;
(c) a partner in a lawfully organized partnership;
(d) a lawfully formed professional corporation;
(e) a lawfully organized limited liability company;
(f) a lawfully organized business corporation; or
(g) any other form of organization recognized by the state which is not prohibited by rule adopted by division rules.
(2) Regardless of the form in which a licensee engages in the practice of medicine, the licensee may only permit the practice of medicine in that form of practice to be conducted by an individual:
(a) licensed in Utah as a naturopathic physician under Section 58-71-301, a physician and surgeon, or as an osteopathic physician and surgeon; and
(b) who is able to lawfully and competently engage in the practice of medicine.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 8 - Practice Standards › Section 803 - Medical records -- Electronic records.

Effective 5/3/2023
58-71-803.
Medical records -- Electronic records.
(1) Medical records maintained by a licensee shall:
(a) meet the standards and ethics of the profession; and
(b) be maintained in accordance with division rules.
(2) Medical records under this section may be maintained by an electronic means if the records comply with Subsection (1).
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 71 - Naturopathic Physician Practice Act › Part 8 - Practice Standards › Section 804 - Insurance coverage not mandated.

Effective 5/4/2022
58-71-804.
Insurance coverage not mandated.
(1) This chapter does not mandate health insurance coverage for naturopathic medical services.
(2) This chapter does not establish a class of health care providers for the purposes of Section 31A-22-618.
(3) This chapter does not mandate health insurance coverage for the prescription or administration of testosterone by a naturopathic physician.
Amended by Chapter 440, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-258 on 7/1/2027
58-72-101.
Title.
This chapter shall be known as the "Acupuncture Licensing Act."
Amended by Chapter 26, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 1 - General Provisions › Section 102 - Acupuncture licensing -- Definitions.

Affected by 63I-1-258 on 7/1/2027
Effective 5/14/2019
58-72-102.
Acupuncture licensing -- Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Acupuncture Licensing Board created in Section 58-72-201.
(2)
(a) "Injection therapy" means the use of a hypodermic needle, by a licensed acupuncturist who has obtained a clean needle technique certificate from the National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM), to inject any of the following sterile substances in liquid form into acupuncture points on the body subcutaneously or intramuscularly:
(i) a nutritional substance;
(ii) a local anesthetic;
(iii) autologous blood, if the licensee holds a current phlebotomy certification to draw blood;
(iv) sterile water;
(v) dextrose;
(vi) sodium bicarbonate; and
(vii) sterile saline.
(b) "Injection therapy" includes using ultrasound guidance to ensure that an injection is only a subcutaneous injection or an intramuscular injection.
(c) "Injection therapy" does not include injecting a substance into a vein, joint, artery, blood vessel, nerve, tendon, deep organ, or the spine.
(d) "Injection therapy" may not be performed on a pregnant woman or a child under the age of eight.
(3) "Licensed acupuncturist," designated as "L.Ac.," means a person who has been licensed under this chapter to practice acupuncture.
(4) "Moxibustion" means a heat therapy that uses the herb moxa to heat acupuncture points of the body.
(5)
(a) "Practice of acupuncture" means the insertion of acupuncture needles, the use of injection therapy, and the application of moxibustion to specific areas of the body based on traditional oriental medical diagnosis and modern research as a primary mode of therapy.
(b) Adjunctive therapies within the scope of the practice of acupuncture may include:
(i) manual, mechanical, thermal, electrical, light, and electromagnetic treatments based on traditional oriental medical diagnosis and modern research;
(ii) the recommendation, administration, or provision of dietary guidelines, herbs, supplements, homeopathics, and therapeutic exercise based on traditional oriental medical diagnosis and modern research according to practitioner training; and
(iii) the practice described in Subsections (5)(a) and (b) on an animal to the extent permitted by:
(A) Subsection 58-28-307(12);
(B) the provisions of this chapter; and
(C) division rule.
(c) "Practice of acupuncture" does not include:
(i) the manual manipulation or adjustment of the joints of the body beyond the elastic barrier; or
(ii) the "manipulation of the articulation of the spinal column" as defined in Section 58-73-102.
(6) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-72-503, and as may be further defined by division rule.
Amended by Chapter 485, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Affected by 63I-1-258 on 7/1/2027
58-72-103.
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 88, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 2 - Board › Section 201 - Acupuncture Licensing Board.

Affected by 63I-2-258 on 7/1/2027
58-72-201.
Acupuncture Licensing Board.
(1) There is created an Acupuncture Licensing Board consisting of:
(a) four licensed acupuncturists; and
(b) one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
(b) In addition, the board shall designate one of its members on a permanent rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in 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.
Amended by Chapter 88, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 3 - Licensure › Section 301 - License required -- License classification.

Affected by 63I-1-258 on 7/1/2027
58-72-301.
License required -- License classification.
(1) A license is required to engage in the practice of acupuncture, except as specifically provided in Section 58-1-307 or 58-72-304.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of licensed acupuncturist.
Amended by Chapter 250, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 3 - Licensure › Section 302 - Qualifications for licensure.

Affected by 63I-1-258 on 7/1/2027
Effective 5/12/2020
58-72-302.
Qualifications for licensure.
An applicant for licensure as a licensed acupuncturist shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee determined by the department under Section 63J-1-504;
(3) meet the requirements for current active certification in acupuncture under guidelines established by the National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM) as demonstrated through a current certificate or other appropriate documentation;
(4) pass the examination required by the division by rule;
(5) establish procedures, as defined by rule, which shall enable patients to give informed consent to treatment; and
(6) meet with the board, if requested, for the purpose of evaluating the applicant's qualifications for licensure.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 3 - Licensure › Section 303 - Terms of license -- Expiration -- Renewal.

Affected by 63I-1-258 on 7/1/2027
58-72-303.
Terms of license -- Expiration -- Renewal.
(1)
(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.
(b) 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) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
(3) Renewal qualifications shall include:
(a) either documentation of current and active NCCAOM certification; or
(b) meeting the same professional development requirements as those licensed under this chapter.
Amended by Chapter 90, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 3 - Licensure › Section 304 - Exceptions from licensure.

Affected by 63I-1-258 on 7/1/2027
Effective 5/4/2022
58-72-304.
Exceptions from licensure.
In addition to the exemptions from licensure set forth in Section 58-1-307, the following individuals may engage in the practice of acupuncture subject to the stated circumstances and limitations without being licensed under this chapter:
(1) an individual described in Section 58-1-602 who is performing a procedure described in Section 58-1-602;
(2) an individual licensed as a physician and surgeon or osteopathic physician and surgeon under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act;
(3) a commissioned physician or surgeon serving in the armed forces of the United States or other federal agency; and
(4) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, except that a chiropractic physician may not claim to be a licensed acupuncturist without acupuncturist licensure.
Amended by Chapter 317, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings -- Resumption of practice.

Affected by 63I-1-258 on 7/1/2027
58-72-401.
Grounds for denial of license -- Disciplinary proceedings -- Resumption of practice.
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.
Amended by Chapter 26, 1998 General Session