reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Acupuncture licensee -- Restriction on titles used.

Affected by 63I-1-258 on 7/1/2027
58-72-501.
Acupuncture licensee -- Restriction on titles used.
(1)
(a) A person practicing as a licensed acupuncturist may not display or in any way use any title, words, or insignia in conjunction with the person's name or practice except the words "licensed acupuncturist" or "L.Ac.".
(b) When used in conjunction with the person's practice, the term "licensed acupuncturist" or "L.Ac." shall be displayed next to the name of the licensed acupuncturist.
(2)
(a) A licensed acupuncturist may not use the term "physician," "physician or surgeon," or "doctor" in conjunction with the acupuncturist's name or practice.
(b) "Doctor of acupuncture" or "oriental medical doctor" may be used if the term is commensurate with the degree in acupuncture received by the practitioner.
(3) Medical doctors or chiropractic physicians who choose to practice acupuncture shall represent themselves as medical doctors or chiropractic physicians practicing acupuncture and not as licensed acupuncturists.
Amended by Chapter 250, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Penalty for unlawful conduct.

Affected by 63I-1-258 on 7/1/2027
58-72-502.
Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provision defined in Subsection 58-1-501(1)(a) is guilty of a third degree felony.
(2) Any person who violates any of the unlawful conduct provisions defined in Subsections 58-1-501(1)(b) through (e) is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 253, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Unprofessional conduct.

Affected by 63I-1-258 on 7/1/2027
58-72-503.
Unprofessional conduct.
Unprofessional conduct includes the failure to transmit records in the English language to the division, the patient's practitioner, or a third party insurance payor upon request.
Enacted by Chapter 26, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 6 - Acupuncturist Practice - Insurance Payments › Section 601 - Acupuncture license not authorizing medical practice -- Insurance payments.

Affected by 63I-1-258 on 7/1/2027
58-72-601.
Acupuncture license not authorizing medical practice -- Insurance payments.
Nothing in this chapter may be construed to permit the practice of medicine nor require direct payment from third party insurers directly to a person engaged in the practice of acupuncture.
Amended by Chapter 90, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 72 - Acupuncture Licensing Act › Part 7 - Procurement and Administration Authority › Section 701 - Procurement and administration authority.

Affected by 63I-1-258 on 7/1/2027
Effective 5/14/2019
58-72-701.
Procurement and administration authority.
(1) A licensee who has received the necessary training to practice injection therapy, including having obtained a clean needle technique certificate from the National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM):
(a) has authority to procure and administer prescriptive substances described in Subsections 58-72-102(2)(a) and (b) for in-office administration only; and
(b) may obtain substances described in Subsection 58-72-102(2) from a registered prescription drug outlet, registered manufacturer, or registered wholesaler.
(2) An entity that provides any substance to a licensee in accordance with this chapter, and relies in good faith on license information provided by the licensee, is not liable for providing the substance.
Enacted by Chapter 485, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 2 - Board › Section 201 - Board.

58-73-201.
Board.
(1) There is created the Chiropractic Physician Licensing Board consisting of four chiropractic physicians and one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Renumbered and Amended by Chapter 253, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 3 - Licensure › Section 301 - Licensure required -- License classifications.

58-73-301.
Licensure required -- License classifications.
(1) A license is required to engage in the practice of chiropractic, except as specifically provided in Section 58-73-304.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of chiropractic physician.
Amended by Chapter 284, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 3 - Licensure › Section 302 - Qualifications for licensure.

Effective 5/4/2022
58-73-302.
Qualifications for licensure.
(1) Each applicant for licensure as a chiropractic physician, other than those applying for a license based on licensure as a chiropractor or chiropractic physician in another jurisdiction, 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;
(c) demonstrate satisfactory completion of at least two years of general study in a college or university;
(d) demonstrate having earned a degree of doctor of chiropractic from a chiropractic college or university that at the time the degree was conferred was accredited by the Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting body recognized by the United States Department of Education and by the division rule made in collaboration with the board;
(e) demonstrate successful completion of:
(i) the National Chiropractic Boards:
(A) Parts I and II;
(B) Written Clinical Competency Examination; and
(C) Physiotherapy;
(ii) the Utah Chiropractic Law and Rules Examination; and
(iii) a practical examination approved by the division in collaboration with the board; and
(f) meet with the board, if requested, for the purpose of reviewing the applicant's qualifications for licensure.
(2) Each applicant for licensure as a chiropractic physician based on licensure as a chiropractor or chiropractic physician in another jurisdiction shall:
(a) submit an application in the form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) demonstrate having obtained licensure as a chiropractor or chiropractic physician in another state under education requirements which were equivalent to the education requirements in this state to obtain a chiropractor or chiropractic physician license at the time the applicant obtained the license in the other state;
(d) demonstrate successful completion of:
(i) the Utah Chiropractic Law and Rules Examination; and
(ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board of Chiropractic Examiners;
(e) have been actively engaged in the practice of chiropractic for not less than two years immediately preceding application for licensure in this state; and
(f) meet with the board, if requested, for the purpose of reviewing the applicant's qualifications for licensure.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 3 - Licensure › Section 303 - Terms of license -- Expiration -- Renewal.

58-73-303.
Terms of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show satisfactory evidence of completion of continuing education as defined by rule.
(3) Each license expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Renumbered and Amended by Chapter 253, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 3 - Licensure › Section 304 - Exemptions from licensure.

58-73-304.
Exemptions from licensure.
(1) Except as provided in Subsection (2), the exemptions from licensure set forth in Section 58-1-307 apply.
(2) With regard to Subsections 58-1-307(1)(b) and (c), the only exemption from licensure permitted is a preceptorship which may permit a student to engage in acts or practices included within the definition of the practice of chiropractic, while:
(a) performing the duties and activities which are part of the approved program of education and training of a college or university accredited by the Council on Chiropractic Education; and
(b) under a form of supervision approved by the division.
(3) In addition to the exemptions provided in Subsections (1) and (2), a chiropractic assistant while working under the supervision of a licensed chiropractic physician is exempt from licensure under this chapter to the extent the chiropractic assistant is engaged in tasks appropriately delegated by the supervisor in accordance with the standards and ethics of the practice of chiropractic and division rule established in collaboration with the board.
Amended by Chapter 284, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unlawful conduct -- Penalties.

58-73-502.
Unlawful conduct -- Penalties.
(1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
(a) buying, selling, or fraudulently obtaining any chiropractic diploma, license, certificate, or registration;
(b) aiding or abetting the buying, selling, or fraudulently obtaining of any chiropractic diploma, license, certificate, or registration; and
(c) substantially interfering with a licensee's lawful and competent practice of chiropractic in accordance with this chapter.
(2) Any person who violates any provision of Subsection (1) is guilty of a third degree felony.
Enacted by Chapter 284, 1998 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 6 - Scope of Practice - Division Regulation › Section 602 - Division regulation -- Quality of care -- Complaints.

58-73-602.
Division regulation -- Quality of care -- Complaints.
(1) To enable the division and the board to license applicants for licensure and regulate individuals licensed under this chapter, the division and board shall endeavor to obtain information concerning the quality and adequacy of chiropractic care rendered to patients.
(2) Chiropractic physicians licensed under this chapter shall furnish information requested by the division on recommendation of the board.
(3)
(a) The board shall designate committees composed of chiropractic physicians licensed by this state to advise the division and the board regarding the quality and adequacy of chiropractic care rendered to patients by chiropractic physicians licensed under this chapter and to recommend the division initiate investigations on chiropractic physicians who may be acting in violation of this chapter.
(b) If it appears to the committee there is reasonable cause to believe that a chiropractic physician licensed under this chapter has failed to provide adequate chiropractic care to patients, a complaint shall be made to the division outlining the statement of reasonable cause.
Renumbered and Amended by Chapter 253, 1996 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 6 - Scope of Practice - Division Regulation › Section 603 - Consumer access to provider charges.

58-73-603.
Consumer access to provider charges.
Beginning January 1, 2011, a chiropractic physician licensed under this chapter shall, when requested by a consumer:
(1) make a list of professional charges available for the consumer which includes the chiropractic physician's 25 most frequently performed:
(a) clinical procedures or clinical services;
(b) out-patient procedures; and
(c) in-patient procedures; and
(2) provide the consumer with information regarding any discount available for:
(a) services not covered by insurance; or
(b) prompt payment of billed charges.
Enacted by Chapter 68, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 73 - Chiropractic Physician Practice Act › Part 7 - Liability Immunity › Section 701 - Persons immune from liability.

58-73-701.
Persons immune from liability.
(1) Employees of the division, members of the board or its committees, and professional consultants serving the division or the board, are not subject to civil damages, when acting under the authority of this chapter for any act or omission performed in good faith within the scope of their functions as an employee of the division or member of the board.
(2) Employees, board members, committee members, and professional consultants are indemnified by the state. The state has full responsibility for providing legal and financial protection for employees, board members, committee members, and consultants to the board or division.
(3) Nothing in this section may be construed to adversely limit any provision of Title 63G, Chapter 7, Governmental Immunity Act of Utah.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
58-74-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Practice of court reporting" means the making of a verbatim record, by stenography or voice writing, of any trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other sworn testimony given under oath.
(2) "State certified court reporter" means a person who engages in the practice of court reporting and has met the requirements for state certification as a state certified court reporter.
(3) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-74-501.
(4) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-74-502 and as may be further defined by rule.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 3 - Certification › Section 301 - State certification required.

Effective 5/14/2019
58-74-301.
State certification required.
(1) State certification as a state certified court reporter is required to engage in the practice of court reporting.
(2) The division shall grant state certification as a state certified court reporter to any person who meets the requirements described in this chapter.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 3 - Certification › Section 302 - Qualifications for state certification.

Effective 5/12/2020
58-74-302.
Qualifications for state certification.
(1) Each applicant for state certification as a state certified court reporter under this chapter shall:
(a) be at least 18 years of age;
(b) be a citizen of the United States and a resident of the state;
(c) submit an application in a form prescribed by the division;
(d) pay a fee determined by the department under Section 63J-1-504;
(e) possess a high degree of skill and ability in the art of court reporting; and
(f) submit evidence that the applicant has completed and passed the Registered Professional Reporter Examination of the National Court Reporters Association or the Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
(2) A person granted a certificate to practice as a state certified court reporter may use the abbreviation "C.C.R." or "C.V.R." as long as the person's certificate is current and valid.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 3 - Certification › Section 303 - Term of state certification -- Expiration -- Renewal.

Effective 5/14/2019
58-74-303.
Term of state certification -- Expiration -- Renewal.
(1)
(a) The division shall issue each state certification under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) Each applicant shall, at the time of applying for renewal, demonstrate compliance with continuing education requirements established by the division.
(3) Each state certification automatically expires on the expiration date shown on the state certification unless the applicant renews it in accordance with Section 58-1-308.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of state certification -- Disciplinary proceedings.

Effective 5/14/2019
58-74-401.
Grounds for denial of state certification -- Disciplinary proceedings.
Grounds for refusing to issue a state certification to an applicant, for refusing to renew the state certification of an applicant, for revoking, suspending, restricting, or placing on probation the state certification of a state certified court reporter, for issuing a public or private reprimand to a state certified court reporter, and for issuing a cease and desist order shall be in accordance with Sections 58-1-401 and 78A-2-404.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/14/2019
58-74-501.
Unlawful conduct.
(1) It is unlawful for any person who does not have state certification in accordance with this chapter to:
(a) assume the title state certified court reporter; or
(b) assume the title or use the abbreviation C.C.R. or C.V.R. or any other similar words, letters, figures, or abbreviation to indicate that the person using that title or abbreviation is a state certified court reporter.
(2) Violation of this provision is a class A misdemeanor.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 74 - State Certification of Court Reporters Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/14/2019
58-74-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) conduct unbecoming a state certified court reporter or which is detrimental to the interests of the public;
(2) willful or negligent betrayal or disclosure of confidential information about which a state certified court reporter becomes knowledgeable as a result of or incidental to the person's practice as a state certified court reporter;
(3) false or deceptive representation of a a state certified court reporter's skills, competence, capability, or resources as a state certified court reporter;
(4) offering, undertaking, or agreeing to undertake an assignment as a state certified court reporter for which the state certified court reporter is not qualified, cannot complete the assignment in a timely manner, or does not have the resources to complete the assignment 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 a state certified court reporter to competently practice as a state certified court reporter;
(6) willfully and intentionally making any false or fraudulent record in the performance of a state certified court reporter's duties as a state certified court reporter;
(7) any conduct contrary to the recognized standards and ethics of the profession of a state certified court reporter;
(8) gross incompetence in practice as a state certified court reporter;
(9) violation of any provision of this chapter, Section 78A-2-404, or rules promulgated to regulate the practice of state certified court reporters;
(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 a state certified court reporter continuing to practice as a state certified court reporter; or
(11) attesting to or "signing off" on the transcript of any recorded proceeding unless that proceeding was recorded by that person while physically present at the proceeding or was personally transcribed by that person from an electronically recorded process.
Amended by Chapter 379, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
58-75-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Genetic counselor" means a person licensed under this chapter to engage in the practice of genetic counseling.
(2) "Practice of genetic counseling" means the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family:
(a) comprehend the medical facts, including the diagnosis, probable cause of the disorder, and the available management;
(b) appreciate the way heredity contributes to the disorder and the risk of occurrence in specified relatives;
(c) understand the alternatives for dealing with the risk of occurrence;
(d) choose the course of action which seems appropriate to them in view of their risk, their family goals, and their ethical and religious standards, and to act in accordance with that decision; and
(e) make the best possible psychosocial adjustment to the disorder in an affected family member or to the risk of occurrence of that disorder.
(3) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-75-501.
(4) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-75-502 and as may be further defined by rule by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 3 - Licensing › Section 301 - Licensure required -- Issuance of licenses -- Effect on insurers.

58-75-301.
Licensure required -- Issuance of licenses -- Effect on insurers.
(1) Beginning January 1, 2002, and except as provided in Sections 58-1-307 and 58-75-304, a license is required to engage in the practice of genetic counseling.
(2) The division shall issue to any person who qualifies under this chapter a license to practice genetic counseling.
(3) Nothing in this chapter shall be construed to require payment from insurers for genetic counseling services.
Enacted by Chapter 100, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure -- Temporary license.

Effective 5/12/2020
58-75-302.
Qualifications for licensure -- Temporary license.
(1) Except as provided in Subsection (2), each applicant for licensure as a genetic counselor under this chapter 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;
(c) provide satisfactory documentation of having earned:
(i) a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the division; or
(ii) a doctoral degree from a medical genetics training program that is accredited by the American Board of Medical Genetics or an equivalent as determined by the division; and
(d) meet the examination requirement for certification as:
(i) a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics; or
(ii) a medical geneticist by the American Board of Medical Genetics.
(2) The division may issue a temporary license, in accordance with Section 58-1-303 and any other conditions established by rule, to an applicant who meets all of the requirements for licensure except the examination requirement of Subsection (1)(d).
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/3/2023
58-75-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) Each licensee shall, at the time of applying for renewal, demonstrate compliance with continuing education requirements established by rule by the division.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 3 - Licensing › Section 304 - Exemptions from licensure.

Effective 5/14/2019
58-75-304.
Exemptions from licensure.
In addition to the exemptions from licensure set forth in Section 58-1-307, the following persons may engage in the practice of genetic counseling subject to the stated circumstances and limitations without being licensed under this chapter:
(1) an individual licensed as a physician and surgeon or osteopathic physician and surgeon under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act;
(2) a commissioned physician or surgeon serving in the armed forces of the United States or other federal agency; and
(3) an individual licensed as a physician assistant under Chapter 70a, Utah Physician Assistant Act.
Amended by Chapter 349, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-75-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Enacted by Chapter 100, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 501 - Unlawful conduct.

58-75-501.
Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using the title "genetic counselor" or any other title or designation tending to indicate that the person is a genetic counselor unless that person has a current license as a genetic counselor issued under this chapter.
Enacted by Chapter 100, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 75 - Genetic Counselors Licensing Act › Part 5 - Unlawful and Unprofessional Conduct › Section 502 - Unprofessional conduct.

58-75-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and as may be further defined by rule:
(1) engaging in any act or practice in a professional capacity which the licensee is not competent to perform through training or experience;
(2) failing to refer a client to other competent professionals when the licensee is unable or unwilling to adequately support or serve the client;
(3) failing to maintain the confidentiality of any information received from a client, unless released by the client or otherwise authorized or required by law; and
(4) exploiting a client for personal advantage, profit, or interest.
Enacted by Chapter 100, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 1 - General Provisions › Section 102 - Definitions.

58-76-102.
Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Professional Geologist Licensing Board created in Section 58-76-201.
(2) "Geology" means the science, which treats the study of the earth in general, the earth's processes and history, investigation of the earth's crust and the rocks and other materials of which it is composed, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases, and other materials for the use of mankind.
(3) "Practice of geology before the public" means the performance of geology including but not limited to consultation, investigation, evaluation, planning, geologic mapping, interpretation of geologic data, preparation of geologic reports, geologic cross-sections and geologic maps, inspection of geological work, and the responsible supervision thereof, the performance of which is relevant to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter.
(4) "Professional geologist" means a person licensed under this chapter to engage in the practice of geology before the public.
(5) "Responsible charge" means the independent control and direction by use of initiative, skill, and independent judgment of geological work or the supervision of the work.
(6) "Subordinate" means any individual who practices geology or assists a professional geologist in the practice of geology before the public without assuming the responsible charge for the work.
(7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-76-501.
(8) "Unprofessional conduct" is as defined in Section 58-1-501 and as may be further defined by rule by the division in collaboration with the board.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 1 - General Provisions › Section 103 - Professional Geologist Education and Enforcement Account.

58-76-103.
Professional Geologist Education and Enforcement Account.
(1) There is created a restricted account within the General Fund known as the "Professional Geologist Education and Enforcement Account."
(2) The restricted account shall consist of money from:
(a) a surcharge fee established by the department in accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees under this chapter not to exceed 50% of the respective initial, renewal, or reinstatement licensure fee;
(b) administrative penalties collected pursuant to this chapter; and
(c) interest earned on money in the account.
(3) Money in the account may be appropriated by the Legislature for the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerning geology laws and practices;
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct;
(ii) providing legal representation to the division when legal action is taken against a person engaging in unprofessional or unlawful conduct; and
(iii) monitoring compliance of renewal requirements; and
(d) education and training of board members.
Amended by Chapter 303, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 2 - Board › Section 201 - Board.

58-76-201.
Board.
(1) There is created the Professional Geologist Licensing Board consisting of five members as follows:
(a) three professional geologists;
(b) the Utah state geologist; and
(c) one member representing the general public.
(2) Except for the Utah state geologist, the board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203, and the board shall also:
(a) designate one of its members on a permanent or rotating basis to assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of professional geologists; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 3 - Licensing › Section 301 - License required -- License classification.

58-76-301.
License required -- License classification.
(1) After January 1, 2003, a license is required to engage in the practice of geology before the public except as specifically provided in Sections 58-1-307 and 58-76-304.
(2) The division shall issue to a person who qualifies under the provisions of this chapter a license in the classification of professional geologist.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 3 - Licensing › Section 302 - Qualifications for licensure.

Effective 5/12/2020
58-76-302.
Qualifications for licensure.
Each applicant for licensure as a professional geologist shall:
(1) submit an application in a form as prescribed by the division;
(2) pay a fee as determined by the department under Section 63J-1-504;
(3) provide satisfactory evidence of:
(a) a bachelors or graduate degree in the geosciences granted through an institution of higher education that is accredited by a regional or national accrediting agency with a minimum of 30 semester or 45 quarter hours of course work in the geosciences; or
(b) completion of other equivalent educational requirements as determined by the division in collaboration with the board;
(4) provide satisfactory evidence of:
(a) with a bachelors degree, a specific record of five years of active professional practice in geological work of a character satisfactory to the division, indicating the applicant is competent to be placed in a responsible charge of the work;
(b) with a masters degree, a specific record of three years of active professional practice in geological work of a character satisfactory to the division, indicating the applicant is competent to be placed in a responsible charge of the work; or
(c) with a doctorate degree, a specific record of one year of active professional practice in geological work of a character satisfactory to the division, indicating the applicant is competent to be placed in a responsible charge of the work; and
(5) after January 1, 2004, meet the examination requirement established by rule by the division in collaboration with the board.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

58-76-303.
Term of license -- Expiration -- Renewal.
(1)
(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 3 - Licensing › Section 304 - Exemption from licensure.

58-76-304.
Exemption from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the practice of geology, subject to the stated circumstances and limitations, without being licensed under this chapter if they do not use the title of professional geologist or are not directly represented or held out to the public to be legally qualified to engage in the practice of geology before the public in this state:
(1) an employee or subordinate of a professional geologist licensed under this chapter, or any employee of an individual exempted from licensure under this Subsection (1) or Subsection (2), provided that the employee's or subordinate's practice does not include responsible charge;
(2) qualified engineers and land surveyors, licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, who do not intentionally represent themselves to be professional geologists;
(3) an individual, individual practitioner, or regular full-time employee of a firm, partnership, association, corporation, or other business entity engaged in the exploration for and development of coal, uranium, oil, natural gas, geothermal or other energy resources, precious and nonprecious metals and minerals, and industrial and other minerals, including sand, gravel, and aggregate if the geological work is performed solely for internal use within the company and is not offered directly to the public;
(4) an individual engaged in teaching or research in the physical or natural sciences who is not otherwise engaged in practicing geology before the public;
(5) an individual providing agricultural or agronomic soils analyses, sampling, or laboratory testing; and
(6) an employee of a communications, utility, railroad, mining, petroleum, or manufacturing company, or an affiliate of such a company, if the geological work is performed solely for internal use within the company and is not offered directly to the public.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-76-401.
Grounds for denial of license -- Disciplinary proceedings.
Division grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders are in accordance with Section 58-1-401.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 5 - Unlawful Conduct - Penalties › Section 501 - Unlawful conduct.

58-76-501.
Unlawful conduct.
In addition to the definition in Subsection 58-1-501(1), "unlawful conduct" includes:
(1) using the title "Professional Geologist" or any other words, letters, abbreviations, or designations, which represent recognized professional geological disciplines indicating that the person using them is a professional geologist, unless the person holds a valid license issued under this chapter; or
(2) as a corporation, proprietorship, partnership, or limited liability company, engaging in or representing that the entity is engaging in the practice of geology before the public, unless at least one individual employee of the entity holds a valid license issued under this chapter.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 6 - Practice Standards › Section 601 - Seal -- Design and implementation.

58-76-601.
Seal -- Design and implementation.
Every professional geologist shall have a seal, the design and implementation of which shall be established by rule by the division in collaboration with the board.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 6 - Practice Standards › Section 602 - Geologic maps, cross-sections, reports, and documents to be sealed.

58-76-602.
Geologic maps, cross-sections, reports, and documents to be sealed.
(1) Any final geologic map, cross-section, or report prepared in this state shall bear the seal of a professional geologist licensed under this chapter, except as provided in Section 58-76-304.
(2) Any final geologic map, cross-section, sketch, drawing, plan, or report prepared by, or under the supervision of, a professional geologist shall bear the seal of the professional geologist when submitted to a client or when filed with public authorities, even if the practice is exempt from licensure under Section 58-76-304.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 76 - Professional Geologist Licensing Act › Part 6 - Practice Standards › Section 603 - Seal -- Authorized use.

58-76-603.
Seal -- Authorized use.
A professional geologist may only affix the licensee's seal to a geologic map, cross-section, sketch, drawing, plan, or report if the geologic map, cross-section, sketch, drawing, plan, or report:
(1) was personally prepared by the licensee;
(2) was prepared by an employee, subordinate, associate, or drafter under the supervision of a licensee, provided the licensee or a principal affixing his seal assumes responsibility;
(3) was prepared by a licensed professional geologist in this state or any other state provided:
(a) the licensee in this state affixing the seal performs a thorough review of all work for compliance with all applicable laws and rules and the standards of the profession; and
(b) makes any necessary corrections before submitting the final plan, specification, or report:
(i) to a public authority; or
(ii) to a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final;
(4) was prepared in part by a licensed professional geologist in this state or any other state provided:
(a) the licensee in this state clearly identifies that portion of the geologic map, cross-section, or report for which the licensee is responsible;
(b) the licensee in this state affixing the seal performs a thorough review of that portion of the geologic map, cross-section, or report for which the licensee is responsible for compliance with the standards of the profession; and
(c) makes any necessary corrections before submitting the final geologic map, cross-section, or report for which the licensee is responsible:
(i) to a public authority; or
(ii) to a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final;
(5) was prepared by a person exempt from licensure as a professional geologist provided that:
(a) the licensee in this state affixing the seal performs a thorough review for compliance with all applicable laws and rules and the standards of the profession; and
(b) makes any necessary corrections before submitting the final geologic map, cross-section, or report:
(i) to a public authority; or
(ii) to a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final; or
(6) meets any additional requirements established by rule by the division in collaboration with the board.
Enacted by Chapter 218, 2002 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 3 - Licensure › Section 301 - Licensure.

58-77-301.
Licensure.
The division shall issue to a person who qualifies under this chapter a license as a licensed direct-entry midwife.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 3 - Licensure › Section 302 - Qualifications for licensure.

Effective 5/3/2023
58-77-302.
Qualifications for licensure.
Each applicant for licensure as a licensed direct-entry midwife shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee as determined by the department under Section 63J-1-504;
(3) hold a Certified Professional Midwife certificate in good standing with the North American Registry of Midwives or equivalent certification approved by the division;
(4) hold current adult and infant CPR and newborn resuscitation certifications through an organization approved by the division; and
(5) provide documentation of successful completion of an approved pharmacology course as defined by division rule.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 3 - Licensure › Section 303 - Term of license -- Expiration -- Renewal.

58-77-303.
Term of license -- Expiration -- Renewal.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license automatically expires on the expiration date shown on the license unless the individual renews it in accordance with Section 58-1-308.
(3) At the time of renewal, the licensed direct-entry midwife shall be in current compliance with the requirements of Section 58-77-302.
Enacted by Chapter 299, 2005 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 77 - Direct-Entry Midwife Act › Part 3 - Licensure › Section 304 - Parents' rights.

58-77-304.
Parents' rights.
Nothing in this chapter abridges, limits, or changes in any way the right of parents to deliver their baby where, when, how, and with whom they choose, regardless of licensure under this chapter.
Enacted by Chapter 299, 2005 General Session