reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 714 - Third party payment for licensed behavior analyst.

Affected by 63I-1-258 on 7/1/2026
Effective 5/14/2019
58-61-714.
Third party payment for licensed behavior analyst.
Notwithstanding the provisions of Section 31A-22-618, payment from third party payers for behavior analysis may be limited to:
(1) a licensed behavior analyst as defined in Section 58-61-702; and
(2) the following, working within the scope of their practice:
(a) a physician licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act;
(b) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice Act;
(c) a psychologist licensed under this chapter;
(d) a clinical social worker licensed under Chapter 60, Part 2, Social Worker Licensing Act;
(e) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and Family Therapist Licensing Act; and
(f) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61b - Psychology Interjurisdictional Compact › Section 103 - Rulemaking authority.

Effective 5/9/2017
58-61b-103.
Rulemaking authority.
The division may make administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Section 58-61b-102.
Enacted by Chapter 105, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 1 - General Provisions › Section 103 - Use of money for education, training, and enforcement.

58-63-103.
Use of money for education, training, and enforcement.
The director may, with the concurrence of the board, use the money collected under Section 58-63-503 for the following purposes:
(1) educating and training licensees under this chapter;
(2) educating and training the general public or other interested persons in matters concerning the laws that govern the practices licensed under this chapter; and
(3) enforcing this chapter by:
(a) investigating unprofessional or unlawful conduct; and
(b) providing legal representation to the division when it takes legal action against a person charged with unprofessional or unlawful conduct.
Amended by Chapter 303, 2011 General Session
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 2 - Board › Section 201 - Board -- Duties.

58-63-201.
Board -- Duties.
(1) There is created the Security Services Licensing Board consisting of:
(a) two individuals who are officers or owners of a licensed contract security company;
(b) one individual who is an officer or owner of a licensed armored car company;
(c) one individual from among nominees of the Utah Sheriffs' Association;
(d) one individual from among nominees of the Utah Chiefs of Police Association; and
(e) two individuals representing the general public.
(2)
(a) The executive director shall appoint board members in accordance with Section 58-1-201.
(b) A board member serves in accordance with Section 58-1-201.
(3)
(a) The board shall carry out its duties and responsibilities in accordance with Sections 58-1-202 and 58-1-203.
(b) The board shall designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing a complaint concerning the unlawful or unprofessional conduct of a person licensed under this chapter; and
(ii) advise the division in its investigation of the complaint.
(4) A board member who, under Subsection (3), has reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 436, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-63-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of a contract security company, an armored car company, an armored car security officer, armed private security officer, or unarmed private security officer, except as otherwise provided in Section 58-1-307, 58-63-304, or 58-63-310.
(2) The division shall issue to a person who qualifies under this chapter a license in the following classifications:
(a) contract security company;
(b) armored car company;
(c) armored car security officer;
(d) armed private security officer; or
(e) unarmed private security officer.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-63-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Enacted by Chapter 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Effective 5/9/2017
58-63-304.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, an individual may engage in acts regulated under this chapter without being licensed under this chapter if the individual is:
(a) a peace officer employed by a contract security company as provided in Subsection (2); or
(b) employed by a contract security company for the sole purpose of operating or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing device, or other device approved by rule of the division.
(2) A peace officer may only engage in off-duty employment as a security officer if:
(a) the law enforcement agency employing the peace officer has a written policy regarding peace officer employees working while off duty as a security officer and the written policy addresses the issue of financial responsibility;
(b) the agency's chief administrative officer, or that officer's designee, provides written authorization for an off-duty peace officer to work as a security officer; and
(c) the business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer's wages.
(3) In addition to the exemptions from licensure in Section 58-1-307, an individual holding a valid license as an armed private security officer under this chapter may also function as an unarmed private security officer without the additional license.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules approving security apparatus under Subsection (1)(b).
Amended by Chapter 197, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 305 - Status of licenses held on the effective date of this chapter.

58-63-305.
Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a contract security company, armed private security officer, or unarmed private security officer under Title 53, Chapter 5, Part 4, Security Personnel Licensing and Regulation Act, on July 1, 1995, is:
(1) on or after July 1, 1995, considered to hold a current license under this chapter in the comparable classification of contract security company, armed private security officer, or unarmed private security officer; and
(2) subject to this chapter.
Amended by Chapter 271, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 306 - Replacement of qualifying agent.

Effective 5/12/2020
58-63-306.
Replacement of qualifying agent.
If the qualifying agent of an armored car company or a contract security company ceases to perform the agent's duties on a regular basis, the licensee shall:
(1) notify the division in writing within 15 days; and
(2) replace the qualifying agent within 60 days after the time required for notification to the division.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 307 - Use of firearms.

58-63-307.
Use of firearms.
(1) An individual licensed as an armored car security officer or an armed private security officer may carry a firearm only while acting as an armored car security officer or an armed private security officer in accordance with this chapter and rules made under this chapter.
(2) An individual licensed as an armored car security officer or an armed private security officer is exempt from the provisions of Section 76-10-505 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, while acting as an armored car security officer or an armed private security officer in accordance with this chapter and rules made under this chapter.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 308 - Evidence of licensure.

58-63-308.
Evidence of licensure.
An individual licensed as an armed private security officer, armored car security officer, or unarmed private security officer shall:
(1) carry a copy of the individual's license on the individual's person at all times while acting as a licensee; and
(2) display the license upon the request of a peace officer, a representative of the division, or a member of the public.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 309 - Operating standards -- Rulemaking.

58-63-309.
Operating standards -- Rulemaking.
The division in collaboration with the board shall establish by rule operating standards that shall apply to the conduct of licensees under this chapter, including rules relating to use of uniforms, badges, insignia, designations, and representations used by or associated with a licensees practice under this chapter.
Enacted by Chapter 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 3 - Licensing › Section 310 - Interim permits.

58-63-310.
Interim permits.
(1) The division may issue an interim permit to an applicant for licensure as an armed private security officer, armored car security officer, or unarmed private security officer upon receipt of a complete application for licensure in accordance with Section 58-63-302.
(2)
(a) Each interim permit expires 90 days after it is issued or on the date on which the applicant is issued a license, whichever is earlier.
(b) The division may reissue an interim permit if the delay in approving a license is beyond the control or influence of the interim permit holder.
(3) An interim permit holder may engage in the scope of practice defined for the license classification that the interim permit holder is seeking.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-63-401.
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 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 5 - Unlawful Conduct - Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

58-63-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) a contract security company employing the services of an unlicensed armed private security officer or unarmed private security officer, except as provided under Section 58-63-304 or 58-63-310;
(2) an armored car company employing the services of an unlicensed armored car security officer, except as provided under Section 58-63-304 or 58-63-310;
(3) filing with the division fingerprint cards for an applicant that are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in its consideration of the qualifications of the applicant for licensure;
(4) practicing or engaging in, or attempting to practice or engage in, activity for which a license is required under this chapter, unless the individual:
(a) holds the appropriate license under this chapter; or
(b) is exempted from licensure as provided under Section 58-63-304 or 58-63-310; and
(5) knowingly employing another person to engage in or practice or attempt to engage in or practice an occupation or profession licensed under this chapter, if the employee:
(a) is not licensed to do so under this chapter; or
(b) is not exempt from licensure.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 5 - Unlawful Conduct - Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

58-63-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) failing as an armored car company or a contract security company to notify the division of the cessation of performance of its qualifying agent or failing to replace its qualifying agent, as required under Section 58-63-306;
(2) failing as an armed private security officer, armored car security officer, or unarmed private security officer, to carry or display a copy of the licensee's license as required under Section 58-63-308;
(3) employment by an armored car company or a contract security company of a qualifying agent, armed private security officer, armored car security officer, or unarmed private security officer knowing that the individual has engaged in conduct that is inconsistent with the duties and responsibilities of a licensee under this chapter; and
(4) failing to comply with operating standards established by rule.
Amended by Chapter 246, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 63 - Security Personnel Licensing Act › Part 6 - Regulatory Jurisdiction › Section 601 - State preemption of local regulation.

58-63-601.
State preemption of local regulation.
(1) A political subdivision of this state may not enact any legislation, code, or ordinance, or make any rules relating to the licensing, training, or regulation of contract security companies or persons functioning as armed or unarmed private security officers.
(2) Any legislation, code, ordinance, or rules made by any political subdivision of this state, relating to the licensing, training, or regulation of contract security companies or individuals functioning as an armed or unarmed private security officers are superseded by this chapter.
Enacted by Chapter 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
58-64-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Deception detection examination" means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception.
(2) "Deception detection examination administrator" means an individual who engages in or represents that the individual is engaged in:
(a) conducting or administering a deception detection examination using a software application designed for detecting deception without intervention from the examination administrator; or
(b) the interpretation of deception detection examination results derived from a software application designed for detecting deception.
(3) "Deception detection examiner" means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations.
(4) "Deception detection intern" means an individual who engages in deception detection examinations under the supervision and control of a deception detection examiner for the purpose of training and qualification as a deception detection examiner.
(5) "Instrument" means a polygraph, voice stress analyzer, ocular-motor test, or any other device or software application that records the examinee's cardiovascular patterns, respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception.
(6) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-64-501.
(7) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-64-502 and as may be further defined by rule.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

Effective 5/10/2016
58-64-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of deception detection, except as specifically provided in Section 58-64-304 or 58-1-307.
(2) The division shall issue to an individual who qualifies under this chapter a license in the classifications of:
(a) deception detection examiner;
(b) deception detection intern; or
(c) deception detection examination administrator.
Amended by Chapter 201, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/10/2016
58-64-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show satisfactory evidence of:
(a) having performed not less than 25 deception detection examinations during the two years immediately preceding the date of the renewal notice; and
(b) obtaining recertification within the past two years from the manufacturer of a scientific or technology-based software solution, if the licensee is renewing a deception detection examination administrator license.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Amended by Chapter 201, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Effective 5/10/2016
58-64-304.
Exemptions from licensure.
In addition to the exemptions from licensure described in Section 58-1-307, a law enforcement officer, as defined under Section 53-13-103, who is not licensed under this chapter, may operate a voice stress analyzer or software application designed for detecting deception in the course of the officer's employment with a federal, state, or local law enforcement agency, if the officer:
(1) has completed the manufacturer's training course and is certified by the manufacturer to operate the voice stress analyzer or software application designed for detecting deception; and
(2) is operating the voice stress analyzer or software application designed for detecting deception in accordance with Section 58-64-601, regarding deception detection instruments.
Amended by Chapter 238, 2016 General Session
Amended by Chapter 238, 2016 General Session, (Coordination Clause)
Coordination clause direction to modify language.
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 3 - Licensing › Section 305 - Status of licenses held on the effective date of this chapter.

58-64-305.
Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a deception detection examiner or detection examiner intern under Title 53, Chapter 5, Part 3, Deception Detection Examiners Act, on July 1, 1995, is:
(1) on or after July 1, 1995, considered to hold a current license under this chapter in the comparable classification of deception detection examiner or deception detection intern; and
(2) subject to this chapter.
Amended by Chapter 79, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-64-401.
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 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

58-64-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) a licensee conducting a deception detection examination:
(a) outside of the physical presence of the subject of the examination;
(b) on the subject of the examination by use of any electronic means, including the telephone; and
(c) through any surreptitious means when the subject of the examination is not aware of the examination; and
(2) conducting a deception detection examination if the individual performing the deception detection examinations is located outside of the state and performs a deception detection examination by any electronic means upon a person located within the state.
Enacted by Chapter 215, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

Effective 5/12/2020
58-64-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) using any deception detection instrument that does not meet criteria and standards established by rule by the division; and
(2) using any deception detection instrument that does not make a permanent recording as required under Section 58-64-601.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 6 - Operating Standards › Section 601 - Deception detection instruments.

Effective 5/12/2020
58-64-601.
Deception detection instruments.
(1) Instruments or software applications used in performing deception detection examinations shall be those that are generally recognized in the profession or, if approved by the director, those with results published in peer-reviewed, scientific journals generally recognized by the scientific community.
(2) An instrument or software application used for deception detection shall have a permanent recording or written report produced by the instrument or software application for objective analysis by the examiner or the division.
(3) A written interpretation by an examiner while conducting a deception detection examination does not satisfy the requirements of a permanent recording.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 64 - Deception Detection Examiners Licensing Act › Part 7 - Regulatory Jurisdiction › Section 701 - State preemption of local regulation.

Effective 5/10/2016
58-64-701.
State preemption of local regulation.
(1) A political subdivision of the state may not enact legislation, ordinances, or rules relating to the licensing, training, or regulation of deception detection examiners, deception detection interns, or deception detection examination administrators.
(2) Any legislation, ordinances, or rules made by a political subdivision of the state relating to the licensing, training, or regulation of deception detection examiners, deception detection interns, or deception detection examination administrators is superseded by this chapter.
Amended by Chapter 201, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 2 - Board › Section 201 - Board.

Effective 5/4/2022
58-67-201.
Board.
(1) There is created the Physicians Licensing Board consisting of nine physicians and surgeons and two members of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3)
(a) In addition to any duty or responsibility described in Section 58-1-202 or 58-1-203, the board shall regulate anesthesiologist assistants licensed under Chapter 70b, Anesthesiologist Assistant Licensing Act.
(b) The board may also designate one of the board's members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee the board regulates; and
(ii) advise the division in the division's investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in the complaint's investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning that complaint.
Amended by Chapter 284, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-67-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of medicine, on or for any person in Utah, as a physician and surgeon, except as specifically provided in Section 58-1-307 or 58-67-305.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of physician and surgeon.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 302.1 - Qualifications for licensure -- Criminal background check.

Effective 5/8/2018
58-67-302.1.
Qualifications for licensure -- Criminal background check.
(1) An applicant for participation in the Interstate Medical Licensure Compact under Chapter 67b, Interstate Medical Licensure Compact, shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal Identification and the Federal Bureau of Investigation.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history background checks to the division.
(4) For purposes of conducting a criminal background check required under this section, the division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.
(6) The division may not issue a letter of qualification to participate in the Interstate Medical Licensure Compact until the criminal background check described in this section is completed.
Enacted by Chapter 318, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 302.5 - Licensing of graduates of foreign medical schools.

Effective 5/12/2020
58-67-302.5.
Licensing of graduates of foreign medical schools.
(1) Notwithstanding any other provision of law to the contrary, an individual enrolled in a medical school outside the United States, its territories, the District of Columbia, or Canada is eligible for licensure as a physician and surgeon in this state if the individual has satisfied the following requirements:
(a) meets all the requirements of Subsection 58-67-302(1), except for Subsection 58-67-302(1)(d);
(b) has studied medicine in a medical school located outside the United States which is recognized by an organization approved by the division;
(c) has completed all of the formal requirements of the foreign medical school except internship or social service;
(d) has attained a passing score on the educational commission for foreign medical graduates examination or other qualifying examinations such as the United States Medical Licensing Exam parts I and II, which are approved by the division or a medical school approved by the division;
(e) has satisfactorily completed one calendar year of supervised clinical training under the direction of a United States medical education setting accredited by the liaison committee for graduate medical education and approved by the division;
(f) has completed the postgraduate hospital training required by Subsection 58-67-302(1)(e)(i); and
(g) has passed the examination required by the division of all applicants for licensure.
(2) Satisfaction of the requirements of Subsection (1) is in lieu of:
(a) the completion of any foreign internship or social service requirements; and
(b) the certification required by Subsection 58-67-302(1)(d).
(3) Individuals who satisfy the requirements of Subsections (1)(a) through (g) shall be eligible for admission to graduate medical education programs within the state, including internships and residencies, which are accredited by the liaison committee for graduate medical education.
(4) A document issued by a medical school located outside the United States shall be considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a physician and surgeon in this state if:
(a) the foreign medical school is recognized by an organization approved by the division;
(b) the document granted by the foreign medical school is issued after the completion of all formal requirements of the medical school except internship or social service; and
(c) the foreign medical school certifies that the person to whom the document was issued has satisfactorily completed the requirements of Subsection (1)(c).
(5) The division may not require as a requirement for licensure a cognitive test when the physician reaches a specified age, unless the test reflects the standards described in Subsections 58-67-302(5)(b)(i) through (x).
(6) The provisions for licensure under this section shall be known as the "fifth pathway program."
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 302.8 - Restricted licensing of an associate physician.

Effective 5/4/2022
58-67-302.8.
Restricted licensing of an associate physician.
(1) An individual may apply for a restricted license as an associate physician if the individual:
(a) meets the requirements described in Subsections 58-67-302(1)(a) through (c), (1)(d)(i), and (1)(g) through (j);
(b) successfully completes Step 1 and Step 2 of the United States Medical Licensing Examination or the equivalent steps of another board-approved medical licensing examination:
(i) within three years after the day on which the applicant graduates from a program described in Subsection 58-67-302(1)(d)(i); and
(ii) within two years before applying for a restricted license as an associate physician; and
(c) is not currently enrolled in and has not completed a residency program.
(2) Before a licensed associate physician may engage in the practice of medicine, the licensed associate physician shall:
(a) enter into a collaborative practice arrangement described in Section 58-67-807 within six months after the associate physician's initial licensure; and
(b) receive division approval of the collaborative practice arrangement.
Amended by Chapter 389, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/12/2020
58-67-303.
Term of license -- Expiration -- Renewal.
(1)
(a) Except as provided in Section 58-67-302.7, 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 the division administers.
(2) At the time of renewal, the licensee shall:
(a) view a suicide prevention video described in Section 58-1-601 and submit proof in the form required by the division;
(b) show compliance with continuing education renewal requirements; and
(c) show compliance with the requirement for designation of a contact person and alternate contact person for access to medical records and notice to patients as required by Subsections 58-67-304(1)(b) and (c).
(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.
(4) An individual may not be licensed as an associate physician for more than a total of six years.
Amended by Chapter 124, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 3 - Licensing › Section 306 - Status of licenses held on the effective date of this chapter.

58-67-306.
Status of licenses held on the effective date of this chapter.
An individual holding a current license as a physician and surgeon that was issued under any prior state law is considered to hold a current license in the same classification under this chapter.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Effective 5/5/2021
58-67-401.
Grounds for denial of license -- Disciplinary proceedings.
(1) Subject to Subsection (2), grounds for division action are set forth in Sections 58-1-401 and 58-67-503.
(2) The division may not refuse, revoke, suspend, or in any way restrict an applicant or licensee's license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.
Amended by Chapter 404, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 4 - License Denial and Discipline › Section 402 - Authority to assess penalty.

58-67-402.
Authority to assess penalty.
The division in collaboration with the board may assess penalties as described in Section 58-67-503.
Repealed and Re-enacted by Chapter 214, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 4 - License Denial and Discipline › Section 403 - Revocation of license -- Nondisciplinary.

Effective 5/12/2020
58-67-403.
Revocation of license -- Nondisciplinary.
Revocation by the division of a license under Subsection 58-67-302(1)(e) for failure to continue on a resident training program for reasons other than unprofessional or unlawful conduct is a nondisciplinary action and may not be reported by the division as a disciplinary action against the licensee.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/3/2023
58-67-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(a) 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;
(b) making a material misrepresentation regarding the qualifications for licensure under Section 58-67-302.7 or 58-67-302.8;
(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;
(e) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;
(f) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) 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
(ii) conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1) ; or
(g) performing, or causing to be performed, upon an individual who is less than 18 years old:
(i) a primary sex characteristic surgical procedure; or
(ii) a secondary sex characteristic surgical procedure.
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 58-85-103:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device; or
(b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis:
(i) when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26B-4-201, recommending the use of medical cannabis;
(ii) when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy .
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).
Amended by Chapter 2, 2023 General Session
Amended by Chapter 301, 2023 General Session
Amended by Chapter 317, 2023 General Session
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 7 - Immunity Provisions › Section 701 - Immunity provisions apply.

58-67-701.
Immunity provisions apply.
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, applies to licensees under this chapter.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 7 - Immunity Provisions › Section 702 - Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

Effective 5/3/2023
58-67-702.
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 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 801 - Disclosure of financial interest by licensee.

58-67-801.
Disclosure of financial interest by licensee.
(1) Licensees under this chapter may not refer patients, clients, or customers to any clinical laboratory, ambulatory or surgical care facilities, or other treatment or rehabilitation services such as physical therapy, cardiac rehabilitation, radiology services, dispensing optical lens facility, or lithotripsy, in which the licensee or a member of the licensee's immediate family has any financial relationship as that term is described in 42 U.S.C. 1395nn, unless the licensee at the time of making the referral discloses that relationship, in writing, to the patient, client, or customer.
(2) The written disclosure under Subsection (1) shall also state the patient may choose any facility or service center for purpose of having the laboratory work or treatment service performed.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 802 - Form of practice.

58-67-802.
Form of practice.
(1) A physician and surgeon licensed under this chapter may engage in practice as a physician and surgeon, or in the practice of medicine only as an individual licensee; but as an individual licensee, he 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 division rule made in collaboration with the board.
(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 physician and surgeon under Section 58-67-301 or as an osteopathic physician and surgeon under Section 58-68-301; and
(b) who is able to lawfully and competently engage in the practice of medicine.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 803 - Medical records -- Electronic records.

58-67-803.
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 made in collaboration with the board.
(2) Medical records under this section may be maintained by an electronic means if the records comply with Subsection (1).
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 804 - Consumer access to provider charges.

58-67-804.
Consumer access to provider charges.
Beginning January 1, 2011, a physician licensed under this chapter shall, when requested by a consumer:
(1) make a list of prices charged by the physician available for the consumer which includes the physician's 25 most frequently performed:
(a) clinic procedures or clinic services;
(b) out-patient procedures; and
(c) in-patient procedures; and
(2) provide the consumer with information regarding any discount available for:
(a) services not covered by insurance; or
(b) prompt payment of billed charges.
Enacted by Chapter 68, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 805 - Supervision of cosmetic medical procedures.

58-67-805.
Supervision of cosmetic medical procedures.
(1) Except as provided in Subsection (2), a physician may not delegate the performance of an ablative cosmetic medical procedure to an individual who is not licensed under this chapter or Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A physician may delegate to an advanced practice registered nurse with an unrestricted license under Chapter 31b, Nurse Practice Act, the performance of an erbium full ablation resurfacing procedure or a CO2 fractionated resurfacing procedure, if the physician:
(a) prescribes that specific procedure for the patient who is to receive the procedure;
(b) ensures that the advanced practice registered nurse performs the procedure under the indirect supervision of the physician; and
(c) verifies that the advanced practice registered nurse is qualified to perform the procedure by having received at least 50 hours of training specific to the procedure to be performed and the laser to be used.
Enacted by Chapter 362, 2012 General Session