reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 4 - Licensure Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-77-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew a license, for revoking, suspending, restricting, or placing on probation a license, for issuing a public or private reprimand, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/10/2016
58-77-501.
Unlawful conduct.
(1) In addition to the conduct that constitutes unlawful conduct under Subsection 58-1-501(1), it is unlawful conduct for an individual who is not licensed under this chapter to:
(a) represent or hold out that the individual is a licensed direct-entry midwife;
(b) administer a prescription medication, except oxygen, in the practice of direct-entry midwifery;
(c) before engaging in the practice of midwifery with a client, fail to obtain from the client an informed consent statement that includes the following:
(i) a description of the individual's midwifery education, training, continuing education, and experience;
(ii) a statement that the individual is not licensed by the state as a direct-entry midwife;
(iii) a statement that it is unlawful for the individual to administer to the client a prescription medication, except oxygen, in the practice of direct-entry midwifery;
(iv) a written plan to address medical issues the client may experience during pregnancy, labor, or childbirth, which plan shall address transfer of the client to a licensed health care provider or facility, if necessary;
(v) the name and signature of the individual;
(vi) the name and signature of the client;
(vii) the date the individual signed the statement; and
(viii) the date the client signed the statement; or
(d) fail to retain for at least 4 years a signed statement from a client described by Subsection (1)(c).
(2)
(a) Except for conduct that constitutes unlawful conduct under Subsection (1), it is lawful to practice direct-entry midwifery in the state without being licensed under this chapter.
(b) The practice of direct-entry midwifery is not considered the practice of medicine, nursing, or nurse-midwifery.
Amended by Chapter 107, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

58-77-502.
Unprofessional conduct.
In addition to the definition in Subsection 58-1-501(2), "unprofessional conduct" includes:
(1) failing to obtain informed consent as described in Subsection 58-77-601(1);
(2) disregarding a client's dignity or right to privacy as to her person, condition, possessions, or medical record;
(3) failing to file or record any medical report as required by law, impeding, or obstructing the filing or recording of the report, or inducing another to fail to file or record the report;
(4) breaching a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a client, unless ordered by the court;
(5) inappropriately delegating direct-entry midwifery duties;
(6) using advertising or an identification statement that is false, misleading, or deceptive;
(7) using in combination with the term "midwife" the term "nurse" or another title, initial, or designation that falsely implies that the direct-entry midwife is licensed as a certified nurse midwife, registered nurse, or licensed practical nurse; and
(8) submitting a birth certificate known by the person to be false or fraudulent.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

58-77-503.
Penalty for unlawful conduct.
A person who violates the unlawful conduct provisions defined in this chapter is guilty of a class A misdemeanor.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 6 - Standards of Practice › Section 602 - Immunity and liability.

58-77-602.
Immunity and liability.
(1) If a direct-entry midwife seeks to consult with, refer, or transfer a client to a licensed health care provider or facility, the responsibility of the provider or facility for the client does not begin until the client is physically within the care of the provider or facility.
(2) A licensed health care provider who examines a direct-entry midwife's client is only liable for the actual examination and cannot be held accountable for the client's decision to pursue an out-of-hospital birth or the services of a direct-entry midwife.
(3)
(a) A licensed health care provider may, upon receiving a briefing data from a direct-entry midwife, issue a medical order for the direct-entry midwife's client, without that client being an explicit patient of the provider.
(b) Regardless of the advice given or order issued, the responsibility and liability for caring for the client is that of the direct-entry midwife.
(c) The provider giving the order is responsible and liable only for the appropriateness of the order given the data received.
(d) The issuing of an order for a direct-entry midwife's client does not constitute a delegation of duties from the other provider to the direct-entry midwife.
(4) A licensed health care provider may not be held civilly liable for rendering emergency medical services that arise from prohibited conduct in Section 58-77-603, or from care rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergency medical services constitute gross negligence or reckless disregard for the client.
(5) A licensed direct-entry midwife shall be solely responsible for the use of medications under this chapter.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 6 - Standards of Practice › Section 603 - Prohibited practices.

Effective 5/3/2023
58-77-603.
Prohibited practices.
A direct-entry midwife may not:
(1) administer a prescription drug to a client in a manner that violates this chapter;
(2) effect any type of surgical delivery except for the cutting of an emergency episiotomy;
(3) administer any type of epidural, spinal, or caudal anesthetic, or any type of narcotic analgesia;
(4) use forceps or a vacuum extractor;
(5) manually remove the placenta, except in an emergency that presents an immediate threat to the life of the client; or
(6) perform or induce an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the direct-entry midwife is found guilty of a crime in connection with the violation.
Amended by Chapter 301, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

58-78-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Vocational Rehabilitation Counselors Licensing Board created in Section 58-78-201.
(2) "Licensed vocational rehabilitation counselor" means an individual licensed under this chapter who is engaged in the practice of providing vocational rehabilitation services.
(3) "Practice of providing vocational rehabilitation services" means rendering or offering to an individual, group, organization, or the general public vocational rehabilitation services:
(a) in public or private practice;
(b) for compensation; and
(c) involving the application of principles, methods, or procedures of the vocational rehabilitation counseling profession, which include:
(i) vocational assessment;
(ii) vocational rehabilitation counseling and guidance;
(iii) vocational and other training services;
(iv) self-employment plans;
(v) job analysis; and
(vi) job placement.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 2 - Board › Section 201 - Board.

58-78-201.
Board.
(1) There is created the Vocational Rehabilitation Counselors Licensing Board consisting of four licensed vocational rehabilitation counselors and one individual representing 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) The board may also designate one of its members on a rotating or permanent basis to:
(i) assist the division in reviewing complaints concerning 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 that complaint.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 3 - Licensing › Section 301 - License required.

58-78-301.
License required.
(1) Beginning January 1, 2010, and except as provided in Sections 58-1-307 and 58-78-304, a license is required to engage in the practice of vocational rehabilitation counseling.
(2) The division shall issue to an individual who qualifies under this chapter a license to practice vocational rehabilitation counseling.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure -- Licensure by credential.

Effective 5/12/2020
58-78-302.
Qualifications for licensure -- Licensure by credential.
(1) Except as provided in Subsection (2), an applicant for licensure as a vocational rehabilitation counselor under this chapter shall:
(a) submit an application in a form as prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504 to recover the costs of administering licensing requirements relating to vocational rehabilitation counselors;
(c) provide satisfactory evidence of having earned a master's degree in rehabilitation counseling or a related field;
(d) provide satisfactory evidence of having 4,000 hours of disability related work experience under the supervision of a licensed vocational rehabilitation counselor, except as otherwise provided in Subsection (2); and
(e) meet the examination requirement established by rule by the division in collaboration with the board.
(2) The division may issue a license under this chapter to an individual who is licensed in another state or jurisdiction to practice vocational rehabilitation counseling if the division finds that the other state or jurisdiction has substantially the same or higher licensure requirements as this state.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-78-303.
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.
(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) Each person holding a license under this chapter as a vocational rehabilitation counselor shall complete in each period of licensure a program of qualifying continuing professional education in accordance with standards defined by rule.
Amended by Chapter 367, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 3 - Licensing › Section 304 - Exemption from licensure.

58-78-304.
Exemption from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the practice of vocational rehabilitation counseling subject to the stated circumstances and limitations, without being licensed under this chapter if they do not use the title of vocational rehabilitation counselor or are not directly represented or held out to the public to be legally qualified to engage in the practice of vocational rehabilitation counseling before the public in this state:
(1) an individual employed or supervised by a licensed vocational rehabilitation counselor while carrying out specific tasks under the licensee's supervision; and
(2) a priest, rabbi, or minister of the gospel of any religious denomination.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-78-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for the division to refuse to issue a license to an applicant under this chapter, to refuse 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 a cease and desist order to a licensee shall be in accordance with Section 58-1-401.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

58-78-501.
Unlawful conduct.
In addition to the definition in Section 58-1-501, "unlawful conduct" includes using the title "vocational rehabilitation counselor" or any other title or designation tending to indicate that the individual is a vocational rehabilitation counselor unless the individual has a current license as a vocational rehabilitation counselor issued under this chapter.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 78 - Vocational Rehabilitation Counselors Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

58-78-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and as may be further defined by rule, engaging in an act or practice in a professional capacity which the licensee is not competent to perform through training or experience.
Enacted by Chapter 122, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/12/2020
58-79-101.
Title.
This chapter is known as the "Hunting Guides and Outfitters Registration Act."
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2023
58-79-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Compensation" means anything of economic value in excess of $100 that is paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in consideration of personal services, materials, or property.
(2) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
(3) "Hunting guide" means an individual who:
(a) offers or provides hunting guide services on public lands for compensation; and
(b) is retained for compensation by an outfitter.
(4) "Hunting guide services" means to guide, lead, or assist an individual in hunting wildlife.
(5) "Outfitter" means an individual who offers or provides outfitting or hunting guide services for compensation to another individual for hunting wildlife on public lands.
(6)
(a) "Outfitting services" means providing, for hunting wildlife on public lands:
(i) transportation of people, equipment, supplies, or wildlife to or from a location;
(ii) packing, protecting, or supervising services; or
(iii) hunting guide services.
(b) "Outfitting services" does not include activities undertaken by the Division of Wildlife Resources or its employees, associates, volunteers, contractors, or agents under authority granted in Title 23A, Wildlife Resources Act.
(7)
(a) "Public lands" means any lands owned by the United States, the state, or a political subdivision or independent entity of the state that are open to the public for purposes of engaging in a wildlife related activity.
(b) "Public lands" does not include lands owned by the United States, the state, or a political subdivision or independent entity of the state that are included in a cooperative wildlife management unit under Subsection 23A-7-204(5) so long as the guiding and outfitting services furnished by the cooperative wildlife management unit are limited to hunting species of wildlife specifically authorized by the Division of Wildlife Resources in the unit's management plan.
(8) "Wildlife" means cougar, bear, and big game animals as defined in Subsection 23A-1-101(6).
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 1 - General Provisions › Section 103 - Hunting guide and outfitter rules.

Effective 5/3/2023
58-79-103.
Hunting guide and outfitter rules.
Before enacting, amending, repealing, or otherwise modifying a rule made under this chapter, in addition to complying with Section 58-1-106 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall consult with the Division of Wildlife Resources.
Enacted by Chapter 345, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 3 - Registration › Section 301 - Registration required.

Effective 5/12/2020
58-79-301.
Registration required.
(1) Beginning July 1, 2021, and except as provided in Sections 58-1-307 and 58-79-304, in order to provide the services of a hunting guide or outfitter, an individual is required to register with the division under the provisions of this chapter.
(2) The division shall issue to an individual who qualifies under the provisions of this chapter a registration in the classification of:
(a) hunting guide; or
(b) outfitter.
(3) The division shall maintain a record of each individual who is registered with the division as a hunting guide or outfitter.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 3 - Registration › Section 302 - Qualifications for registration.

Effective 5/12/2020
58-79-302.
Qualifications for registration.
(1) To register as a hunting guide an individual shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504; and
(c) in a form prescribed by the division, submit proof that the individual is covered by liability insurance when providing services as a hunting guide that is issued by an insurance company or association authorized to transact business in the state in an amount determined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) To register as an outfitter an individual shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504; and
(c) in a form prescribed by the division, submit proof that the individual is covered by liability insurance when providing services as an outfitter that is issued by an insurance company or association authorized to transact business in the state in an amount determined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 339, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 3 - Registration › Section 303 - Term of registration -- Expiration -- Renewal.

Effective 5/12/2020
58-79-303.
Term of registration -- Expiration -- Renewal.
(1) The division shall issue each registration under this chapter in accordance with a two-year renewal cycle established by rule.
(2) Each registration automatically expires on the expiration date shown on the registration unless the registrant renews the registration in the same manner as a licensee renews a license under Section 58-1-308.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 3 - Registration › Section 304 - Exemptions from registration.

Effective 5/12/2020
58-79-304.
Exemptions from registration.
The exemptions from registration under this chapter are limited to:
(1) those set forth for a licensee in Section 58-1-307; and
(2) an employee or subordinate of a hunting guide or outfitter if the employee or subordinate does not use the title of hunting guide or outfitter or is not directly represented to the public to be legally qualified to engage in the practice of being a hunting guide or outfitter before the public in this state.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 4 - Registration Denial and Discipline › Section 401 - Grounds for denial of registration -- Disciplinary proceedings.

Effective 5/3/2023
58-79-401.
Grounds for denial of registration -- Disciplinary proceedings.
(1) Grounds for refusing to issue a registration to an applicant, for refusing to renew the registration of a registrant, for revoking, suspending, restricting, or placing on probation the registration of a registrant, for issuing a public or private reprimand to a registrant, and for issuing a cease and desist order under this chapter shall be in accordance with the provisions applicable to a licensee under Section 58-1-401.
(2)
(a) The division shall refuse to issue a registration to an applicant and shall refuse to renew or shall revoke the registration of a registrant during the time period the Division of Wildlife Resources suspends the applicant's or registrant's privilege to hunt or fish under Title 23A, Wildlife Resources Act.
(b) If the Division of Wildlife Resources suspends the privilege to hunt or fish under Title 23A, Wildlife Resources Act, of the chief executive officer of an entity under which an applicant or registrant provides hunting guide services or outfitting services, during the time period that the chief executive officer's privilege to hunt or fish is suspended, the division shall refuse to issue a registration to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
(c) If the Division of Wildlife Resources suspends the privilege to hunt or fish under Title 23A, Wildlife Resources Act,of a registrant under which an applicant or registrant provides hunting guide services or outfitting services, during the time period that the registrant's privilege to hunt or fish is suspended, the division shall refuse to issue a registration to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
Amended by Chapter 345, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

Effective 5/12/2020
58-79-501.
Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using the title "hunting guide" or "outfitter" or any other title or designation to indicate that the individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the individual is currently registered as a hunting guide or outfitter under this chapter.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 79 - Hunting Guides and Outfitters Registration Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

Effective 5/12/2020
58-79-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501, and as may be further defined by division rule:
(1) engaging in an activity that would place a registrant's client, prospective client, or third party's safety at risk, recognizing the inherent risks associated with hunting wildlife and the activity engaged in being above and beyond those inherent risks;
(2) using false, deceptive, or misleading advertising related to providing services as a hunting guide or outfitter;
(3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or prospective client; and
(4) failing to provide the division with active and current contact information within 30 days of any changes to the registrant's contact information that was provided to the division during registration or the renewal of registration as a hunting guide or outfitter.
Amended by Chapter 316, 2020 General Session
Amended by Chapter 376, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
58-80a-102.
Definitions.
As used in this chapter:
(1) "Certified medical language interpreter" means a medical language interpreter who has received a certificate from the division under this chapter.
(2) "Health care provider" means a person licensed under:
(a)Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b)Title 58, Chapter 16a, Utah Optometry Practice Act;
(c)Title 58, Chapter 17b, Pharmacy Practice Act;
(d)Title 58, Chapter 24b, Physical Therapy Practice Act;
(e)Title 58, Chapter 31b, Nurse Practice Act;
(f)Title 58, Chapter 31e, Nurse Licensure Compact - Revised;
(g)Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact;
(h)Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i)Title 58, Chapter 57, Respiratory Care Practices Act;
(j)Title 58, Chapter 60, Mental Health Professional Practice Act;
(k)Title 58, Chapter 61, Psychologist Licensing Act;
(l)Title 58, Chapter 67, Utah Medical Practice Act;
(m)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(n)Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
(o)Title 58, Chapter 70a, Utah Physician Assistant Act;
(p)Title 58, Chapter 71, Naturopathic Physician Practice Act;
(q)Title 58, Chapter 73, Chiropractic Physician Practice Act; or
(r)Title 58, Chapter 77, Direct-Entry Midwife Act.
(3) "Medical language interpreter" means a person who, for compensation, performs verbal language interpretation services between a health care provider who speaks English and another person for the purpose of assisting the person in seeking or obtaining medical advice, diagnoses, or treatment.
(4) "National certification organization" means one of the following national organizations that certifies medical interpreters:
(a) the National Board of Certification for Medical Interpreters; or
(b) the Certification Commission for Healthcare Interpreters.
(5) "National standards of practice" means the National Standards of Practice, published by the National Council on Interpreting in Health Care.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 2 - Board › Section 201 - Certified Medical Language Interpreter Advisory Board.

58-80a-201.
Certified Medical Language Interpreter Advisory Board.
The division shall notify the Health and Human Services Interim Committee if it determines that there is a need to create, by statute, a Certified Medical Language Interpreter Advisory Board.
Enacted by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 3 - Certification › Section 301 - Certification.

58-80a-301.
Certification.
(1) The division shall issue to a person who qualifies under this chapter a certificate as a certified medical language interpreter.
(2) A certificate described in Subsection (1) shall specify the language that the person is certified for.
(3) This chapter prohibits a person from representing or holding oneself out as a certified medical language interpreter if the person does not have a certificate described in Subsection (1).
Renumbered and Amended by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 3 - Certification › Section 302 - Certification is voluntary.

58-80a-302.
Certification is voluntary.
(1) The certification provided under this chapter is voluntary.
(2) This chapter does not prohibit a person from acting as a medical language interpreter, if the person does not have a certificate described in Subsection 58-80a-301(1).
Renumbered and Amended by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 3 - Certification › Section 303 - Qualifications for certification.

Effective 5/9/2017
58-80a-303.
Qualifications for certification.
(1) An individual qualifies as a tier 1 certified medical language interpreter if the individual:
(a) acts as a medical language interpreter between English and at least one other language;
(b) passes an oral and written examination:
(i) administered by:
(A) the division;
(B) a person under contract with the division;
(C) a national certification organization; or
(D) a person approved by the division by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) that tests:
(A) basic language fluency with respect to the language for which the individual applies for certification;
(B) basic medical terminology with respect to the language for which the individual applies for certification, including the ability to name human body parts, name internal human organs, describe basic medical symptoms, and describe basic medical instructions, including dosage amounts and frequency;
(C) basic cultural competency relating to medical care beliefs and practices that are common to people who speak the language for which the individual applies for certification;
(D) knowledge and understanding of the national standards of practice; and
(E) a basic understanding of medical confidentiality requirements, including the confidentiality requirements of the federal Health Insurance Portability and Accountability Act;
(c) signs a statement agreeing to abide by the national standards of practice; and
(d) pays the fee described in Section 58-80a-305.
(2) If an oral examination under Subsection (1)(b) is not available in the language for which an individual applies for certification, the individual may qualify as a tier 2 certified medical language interpreter if the individual passes the written portion of an examination under Subsection (1)(b) and completes all other requirements under Subsection (1).
Amended by Chapter 305, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 3 - Certification › Section 304 - Term of certification -- Expiration -- Renewal.

Effective 5/9/2017
58-80a-304.
Term of certification -- Expiration -- Renewal.
(1) Notwithstanding Section 58-1-308, the division shall issue each certification under this chapter in accordance with a three-year renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by as much as two years to stagger the renewal cycles that the division administers.
(2) Each certification automatically expires on the expiration date shown on the certification unless the certified medical language interpreter renews the certification in accordance with Section 58-1-308.
Amended by Chapter 305, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 3 - Certification › Section 305 - Fees -- Rulemaking authority.

58-80a-305.
Fees -- Rulemaking authority.
(1) The division may charge a fee, established under Section 63J-1-504, to recover the costs of:
(a) administering the examination described in Section 58-80a-303; and
(b) issuing the certificate described in Subsection 58-80a-301(1).
(2) The division may make rules, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to accomplish the requirements of this chapter.
Renumbered and Amended by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 4 - Certification Denial and Discipline › Section 401 - Grounds for denial of certification -- Disciplinary proceedings.

58-80a-401.
Grounds for denial of certification -- Disciplinary proceedings.
Grounds for refusing to issue a certification to an applicant, for refusing to renew the certification of a certified medical language interpreter, for revoking, suspending, restricting, or placing on probation the certification of a certified medical language interpreter, for issuing a public or private reprimand to a certified medical language interpreter, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

58-80a-501.
Unlawful conduct.
In addition to the definition in Subsection 58-1-501(1), "unlawful conduct" includes representing or holding oneself out as a certified medical language interpreter when not certified under this chapter.
Renumbered and Amended by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Penalty for unlawful conduct.

58-80a-502.
Penalty for unlawful conduct.
A person who violates the unlawful conduct provisions described in Section 58-80a-501 is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 5 - Unlawful and Unprofessional Conduct › Section 503 - Unprofessional conduct.

58-80a-503.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) conduct which is detrimental to the interests of the public;
(2) willful or negligent betrayal or disclosure of confidential information about which the certified medical language interpreter becomes knowledgeable as a result of or incidental to the certified medical language interpreter's practice as a certified medical language interpreter;
(3) false or deceptive representation of a certified medical language interpreter's skills, competence, capability, or resources as a certified medical language interpreter;
(4) offering, undertaking, or agreeing to undertake an assignment as a certified medical language interpreter for which the certified medical language interpreter is not qualified or which the certified medical language interpreter cannot complete as agreed in a professional manner;
(5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner which negatively affects the ability of the certified medical language interpreter to competently practice as a certified medical language interpreter;
(6) willfully and intentionally making any false or fraudulent interpretation, statement, or representation in the performance of the certified medical language interpreter's duties;
(7) any conduct contrary to the recognized standards and ethics of the profession of a certified medical language interpreter;
(8) gross incompetence in practice as a certified medical language interpreter;
(9) violation of any provision of this chapter or rules promulgated to regulate the practice of certified medical language interpreters; or
(10) conviction of a felony or any other crime which is considered by the division to represent activity detrimental to the public interest as that interest is reflected in the person continuing to practice as a certified medical language interpreter.
Enacted by Chapter 127, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 80a - Medical Language Interpreter Act › Part 6 - Miscellaneous › Section 601 - Priority for certified medical language interpreter.

Effective 5/3/2023
58-80a-601.
Priority for certified medical language interpreter.
The Department of Health and Human Services may give priority to contracting with companies that use certified medical language interpreters.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 81 - Retired Volunteer Health Care Practitioner Act › Section 103 - Eligibility for volunteer health care practitioner license -- Delegation of service agreement.

Effective 5/13/2014
58-81-103.
Eligibility for volunteer health care practitioner license -- Delegation of service agreement.
(1) A health care practitioner is eligible to apply to the division and board for a volunteer health care practitioner license if the health care practitioner:
(a) certifies to the division and board that the applicant will be engaged exclusively in volunteer health care services; and
(b) completes an application for a volunteer health care practitioner license, which includes documentation:
(i) of professional education, exams passed, and graduation;
(ii) of practice history;
(iii) of a qualified location for which the health care practitioner will be practicing;
(iv) identifying the supervising health care practitioner and the supervising health care practitioner's delegation of service agreement with the volunteer practitioner; and
(v) that the applicant has:
(A) previously been issued an unrestricted license to practice in Utah, another state of the United States, or a district or territory of the United States;
(B) never been the subject of any significant disciplinary action in any jurisdiction; and
(C) is in good health and does not have a condition which would impair the health care practitioner's ability to practice with reasonable skill and safety to patients.
(2) A health care provider who has agreed to be a supervising professional for a volunteer at a qualified location shall:
(a) enter into a delegation of service agreement with the volunteer health care practitioner;
(b) agree to provide the level of supervision required in Subsection 58-81-102(6);
(c) determine with the volunteer whether the volunteer's scope of practice or ability to prescribe controlled substances will be limited by the delegation of service agreement;
(d) include in the delegation of service agreement that the volunteer may not prescribe a controlled substance to himself, the volunteer's family, or a staff member of the qualified location; and
(e) forward the delegation of service agreement to the division.
Amended by Chapter 49, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 81 - Retired Volunteer Health Care Practitioner Act › Section 104 - Volunteer health care practitioner license -- Waiver of fees -- Rulemaking authority.

58-81-104.
Volunteer health care practitioner license -- Waiver of fees -- Rulemaking authority.
(1) The division and board shall issue a volunteer health care practitioner license to an applicant who:
(a) completes an application under Section 58-81-103; and
(b) meets the requirements of this chapter.
(2) A license issued under this chapter shall:
(a) comply with the scope of practice for a similarly situated licensed practitioner, except that the license shall limit the health care practitioner's practice to the qualified location;
(b) permit the health care practitioner to apply for a controlled substance license as permitted for other similarly situated licensed practitioners; and
(c) state that the license is a volunteer health care practitioner license and is subject to the restriction of Subsection (2)(a).
(3) The division and board shall waive all division fees, including application fees, examination fees, and annual renewal fees for an applicant who applies for a volunteer health care practitioner license and who otherwise meets licensure requirements.
(4) The division and board may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) approve the charity locations that qualify under Section 58-81-102;
(b) develop standards for the information that must be included in a delegation of service agreement, including a standard form that a supervising professional may use; and
(c) implement the provisions of this chapter.
(5) A health care practitioner who is licensed as a volunteer health care practitioner under this chapter is entitled to qualified immunity for charity care if the health care practitioner meets the requirements of Section 58-13-3.
Enacted by Chapter 263, 2009 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 81 - Retired Volunteer Health Care Practitioner Act › Section 105 - Grounds for denial of license.

Effective 5/5/2021
58-81-105.
Grounds for denial of license.
The division may not refuse, revoke, suspend, or in any way restrict the license of a health care practitioner, as defined in Subsections 58-81-102(2)(c), (g), (h), (i), (j), and (l), under this chapter solely because the health care practitioner seeks or participates in mental health or substance abuse treatment.
Enacted by Chapter 404, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/13/2014
58-84-101.
Title.
This chapter is known as the "State Certification of Music Therapists Act."
Enacted by Chapter 340, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/13/2014
58-84-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Practice of music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship.
(2) "State certification" means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification related to an occupation or profession described in this chapter.
(3) "State certified" means, when used in conjunction with an occupation or profession described in this chapter, a title that:
(a) may be used by a person who has met the state certification requirements related to that occupation or profession described in this chapter; and
(b) may not be used by a person who has not met the state certification requirements related to that occupation or profession described in this chapter.
Enacted by Chapter 340, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 1 - General Provisions › Section 103 - Rulemaking.

Effective 5/13/2014
58-84-103.
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 340, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 2 - State Certification › Section 201 - Qualifications for state certification.

Effective 5/12/2020
58-84-201.
Qualifications for state certification.
(1) The division shall grant state certification to a person who qualifies under this chapter to engage in the practice of music therapy as a state certified music therapist.
(2) Each applicant for state certification as a state certified music therapist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504; and
(c) provide satisfactory documentation that the applicant is board certified by, and in good standing with, the Certification Board for Music Therapists, or an equivalent board as determined by division rule.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 2 - State Certification › Section 202 - Term of state certification.

Effective 5/13/2014
58-84-202.
Term of state certification.
(1) The division shall grant state certification under this chapter in accordance with a two-year renewal cycle established by division rule.
(2) At the time of renewal, an applicant for renewal shall provide satisfactory documentation that the applicant is board certified by, and in good standing with, the Certification Board for Music Therapists, or an equivalent board as determined by division rule.
(3) If the board certification of a state certified music therapist required for obtaining or renewing state certification under this chapter is suspended, placed on probation, revoked, or has expired for any reason, the person:
(a) shall suspend using the title state certified music therapist in connection with the person's name or business;
(b) shall suspend representing to others that the person is a state certified music therapist; and
(c) shall inform the division within two weeks of the suspension, probation, revocation, or expiration of the board certification.
(4) When the division learns that the board certification of a state certified music therapist required for obtaining or renewing state certification under this chapter is suspended, placed on probation, revoked, or has expired for any reason, that person's state certification shall be revoked and may not be reinstated unless the person meets the requirements and again applies for state certification as described in Section 58-84-201.
Enacted by Chapter 340, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 84 - State Certification of Music Therapists Act › Part 2 - State Certification › Section 203 - Limitation of state certification.

Effective 5/13/2014
58-84-203.
Limitation of state certification.
Nothing in this chapter shall be construed to prevent a person from lawfully engaging in the practice of music therapy without state certification.
Enacted by Chapter 340, 2014 General Session