reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67 - Utah Medical Practice Act › Part 8 - Practice Standards › Section 806 - Representation of medical specialization.

58-67-806.
Representation of medical specialization.
(1) A physician may not represent to another person that the physician is certified in a medical specialty or certified by a particular board unless:
(a) the physician includes in the representation the name of:
(i) the certification board or entity; and
(ii) the medical specialty for which the physician is certified; and
(b) the board or certification entity meets the requirements of Subsection (2).
(2) A certification entity or board under Subsection (1) shall meet the following qualifications:
(a) be included in the American Board of Medical Specialties or an American Osteopathic Association Certifying Board; or
(b)
(i) require an Accreditation Council for Graduate Medical Education or American Osteopathic Association approved postgraduate training program that provides complete training in the specialty or subspeciality; and
(ii) be certified or had prior certification by the member board of the American Board of Medical Specialties or an American Osteopathic Certifying Board.
Amended by Chapter 262, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67a - Physicians Education Fund › Section 1 - Physicians Education Fund.

58-67a-1.
Physicians Education Fund.
(1) There is created an expendable special revenue fund known as the "Physicians Education Fund" to receive and account for revenue and expenditures for making education available to physicians and surgeons, osteopathic physicians and surgeons, and naturopathic physicians, concerning the requirements of Title 58, Occupations and Professions, division rules, and requirements under Title 58, Chapter 37, Utah Controlled Substances Act, and division rules made under that chapter.
(2) Administrative penalties ordered and collected pursuant to this section shall be deposited in the account.
(3) The fund shall earn interest and all interest earned on account money shall be deposited into the account.
(4) The director, with the concurrence of the board, may make distributions from the fund to make available education and training for physicians and surgeons, osteopathic physicians and surgeons, and naturopathic physicians.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.
(6) The division shall report on the fund annually to the appropriate appropriations subcommittee of the Legislature.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 102 - Section 1 -- Purpose.

Effective 5/12/2015
58-67b-102.
Section 1 -- Purpose.
In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 104 - Section 3 -- Eligibility.

Effective 5/12/2015
58-67b-104.
Section 3 -- Eligibility.
(1) A physician must meet the eligibility requirements as defined in Subsection 58-67b-103(11) to receive an expedited license under the terms and provisions of the Compact.
(2) A physician who does not meet the requirements of Subsection 58-67b-103(11) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 105 - Section 4 -- Designation of state of principal license.

Effective 5/12/2015
58-67b-105.
Section 4 -- Designation of state of principal license.
(1) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(a) the state of primary residence for the physician;
(b) the state where at least 25% of the practice of medicine occurs;
(c) the location of the physician's employer; or
(d) if no state qualifies under Subsection (1)(a), Subsection (1)(b), or Subsection (1)(c), the state designated as state of residence for purpose of federal income tax.
(2) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in Subsection (1).
(3) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 107 - Section 6 -- Fees for expedited licensure.

Effective 5/12/2015
58-67b-107.
Section 6 -- Fees for expedited licensure.
(1) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.
(2) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 108 - Section 7 -- Renewal and continued participation.

Effective 5/12/2015
58-67b-108.
Section 7 -- Renewal and continued participation.
(1) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:
(a) maintains a full and unrestricted license in a state of principal license;
(b) has not been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(c) has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; and
(d) has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(2) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(3) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(4) Upon receipt of any renewal fees collected in Subsection (3), a member board shall renew the physician's license.
(5) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.
(6) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 109 - Section 8 -- Coordinated information system.

Effective 5/12/2015
58-67b-109.
Section 8 -- Coordinated information system.
(1) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 58-67b-106.
(2) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.
(3) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
(4) Member boards may report any non-public complaint, disciplinary, or investigatory information not required by Subsection (3) to the Interstate Commission.
(5) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(6) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(7) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 110 - Section 9 -- Joint investigations.

Effective 5/12/2015
58-67b-110.
Section 9 -- Joint investigations.
(1) Licensure and disciplinary records of physicians are deemed investigative.
(2) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(3) A subpoena issued by a member state shall be enforceable in other member states.
(4) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
(5) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 111 - Section 10 -- Disciplinary actions.

Effective 5/12/2015
58-67b-111.
Section 10 -- Disciplinary actions.
(1) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(2) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(3) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(a) impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice act of that state; or
(b) pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 113 - Section 12 -- Powers and duties of the Interstate Commission.

Effective 5/12/2015
58-67b-113.
Section 12 -- Powers and duties of the Interstate Commission.
The Interstate Commission shall have the duty and power to:
(1) oversee and maintain the administration of the Compact;
(2) promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;
(3) issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;
(4) enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(5) establish and appoint committees including, but not limited to, an executive committee as required by Section 58-67b-112, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;
(6) pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;
(7) establish and maintain one or more offices;
(8) borrow, accept, hire, or contract for services of personnel;
(9) purchase and maintain insurance and bonds;
(10) employ an executive director who shall have the power to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;
(11) establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
(12) accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission;
(13) lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed;
(14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(15) establish a budget and make expenditures;
(16) adopt a seal and bylaws governing the management and operation of the Interstate Commission;
(17) report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year, which shall include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;
(18) coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;
(19) maintain records in accordance with the bylaws;
(20) seek and obtain trademarks, copyrights, and patents; and
(21) perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 114 - Section 13 -- Finance powers.

Effective 5/12/2015
58-67b-114.
Section 13 -- Finance powers.
(1) The Interstate Commission may levy and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
(2) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(3) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(4) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 116 - Section 15 -- Rulemaking functions of the Interstate Commission.

Effective 5/12/2015
58-67b-116.
Section 15 -- Rulemaking functions of the Interstate Commission.
(1) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
(2) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the "Revised Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.
(3) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 117 - Section 16 -- Oversight of Interstate Compact.

Effective 5/12/2015
58-67b-117.
Section 16 -- Oversight of Interstate Compact.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities, or actions of the Interstate Commission.
(3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 118 - Section 17 -- Enforcement of Interstate Compact.

Effective 5/12/2015
58-67b-118.
Section 17 -- Enforcement of Interstate Compact.
(1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.
(2) The Interstate Commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 119 - Section 18 -- Default procedures.

Effective 5/12/2015
58-67b-119.
Section 18 -- Default procedures.
(1) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.
(2) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Interstate Commission shall:
(a) provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
(b) provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(4) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(5) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(6) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(7) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(8) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 120 - Section 19 -- Dispute resolution.

Effective 5/12/2015
58-67b-120.
Section 19 -- Dispute resolution.
(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards.
(2) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 121 - Section 20 -- Member states, effective date and amendment.

Effective 5/12/2015
58-67b-121.
Section 20 -- Member states, effective date and amendment.
(1) Any state is eligible to become a member state of the Compact.
(2) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.
(3) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the Compact by all states.
(4) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 122 - Section 21 -- Withdrawal.

Effective 5/12/2015
58-67b-122.
Section 21 -- Withdrawal.
(1) Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law.
(2) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.
(4) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under Subsection (3).
(5) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(6) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
(7) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 123 - Section 22 -- Dissolution.

Effective 5/12/2015
58-67b-123.
Section 22 -- Dissolution.
(1) The Compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the Compact to one member state.
(2) Upon the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 124 - Section 23 -- Severability and construction.

Effective 5/12/2015
58-67b-124.
Section 23 -- Severability and construction.
(1) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(2) The provisions of the Compact shall be liberally construed to effectuate its purposes.
(3) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 67b - Interstate Medical Licensure Compact › Section 125 - Section 24 -- Binding effect of Compact and other laws.

Effective 5/12/2015
58-67b-125.
Section 24 -- Binding effect of Compact and other laws.
(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(2) All laws in a member state, including Title 63G, Chapter 4, Administrative Procedures Act, in conflict with the Compact are superseded to the extent of the conflict.
(3) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(4) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(5) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Enacted by Chapter 24, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 2 - Board › Section 201 - Board.

58-68-201.
Board.
(1) There is created the Osteopathic Physician and Surgeon's Licensing Board consisting of four osteopathic physicians and surgeons and one member of 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 are in accordance with Sections 58-1-202 and 58-1-203.
(b) The board may also designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning that complaint.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 3 - Licensing › Section 301 - Licensure required -- License classifications.

58-68-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of osteopathic medicine on or for any person in Utah, as an osteopathic physician and surgeon, except as specifically provided in Section 58-1-307 or 58-68-305.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of osteopathic physician and surgeon.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 3 - Licensing › Section 302.1 - Qualifications for licensure -- Criminal background check.

Effective 5/8/2018
58-68-302.1.
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 68 - Utah Osteopathic Medical Practice Act › Part 3 - Licensing › Section 302.5 - Restricted licensing of an associate physician.

Effective 5/4/2022
58-68-302.5.
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 58-68-302(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 58-68-302(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 58-68-807 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 68 - Utah Osteopathic Medical Practice Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/12/2020
58-68-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles 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 58-68-304(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 68 - Utah Osteopathic Medical Practice Act › Part 3 - Licensing › Section 306 - Status of licenses held on the effective date of this chapter.

58-68-306.
Status of licenses held on the effective date of this chapter.
An individual holding a current license as an osteopathic physician 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 68 - Utah Osteopathic Medical Practice Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

Effective 5/5/2021
58-68-401.
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 58-68-503.
(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 68 - Utah Osteopathic Medical Practice Act › Part 4 - License Denial and Discipline › Section 402 - Authority to assess penalties.

58-68-402.
Authority to assess penalties.
The division in collaboration with the board may assess penalties as described in Section 58-68-503.
Amended by Chapter 369, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 4 - License Denial and Discipline › Section 403 - Revocation of license -- Nondisciplinary.

Effective 5/12/2020
58-68-403.
Revocation of license -- Nondisciplinary.
Revocation by the division of a license under Subsection 58-68-302(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 68 - Utah Osteopathic Medical Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/3/2023
58-68-502.
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) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5;
(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; or
(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 68 - Utah Osteopathic Medical Practice Act › Part 7 - Immunity Provisions › Section 701 - Immunity provisions apply.

58-68-701.
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 68 - Utah Osteopathic Medical Practice Act › Part 7 - Immunity Provisions › Section 702 - Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

Effective 5/3/2023
58-68-702.
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 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 801 - Disclosure of financial interest by licensee.

58-68-801.
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 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 802 - Form of practice.

58-68-802.
Form of practice.
(1) An osteopathic physician and surgeon licensed under this chapter may engage in practice as an osteopathic physician and surgeon or in the practice of osteopathic 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 and 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 osteopathic medicine, the licensee may only permit the practice of medicine in that form of business practice to be conducted by an individual:
(a) licensed in Utah as an osteopathic physician and surgeon under Section 58-68-301 or as a physician and surgeon under Section 58-67-301; and
(b) who is able to lawfully and competently engage in the practice of medicine to direct or interfere in the licensee's practice of medicine.
Enacted by Chapter 248, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 68 - Utah Osteopathic Medical Practice Act › Part 8 - Practice Standards › Section 803 - Medical records -- Electronic records.

58-68-803.
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