Title 63, Professions Of The Healing Arts

(a) On and after October 1, 2010, before employing or contracting with any person who would be providing direct patient care, for whom a background check has not been completed, a health care professional licensed under any chapter of this title or title 68, chapters 24 and 140, …

(a) This section shall not apply to §§ 63-4-118, 63-5-131, 63-10-402 — 63-10-405, 63-11-220, 63-12-138 and 68-11-272. (b) It is the policy of this state to encourage the improvement of patient safety and quality and the evaluation of the quality, safety, cost, processes and neces…

(a) (1) Notwithstanding any other provision of this chapter or of chapter 3, chapters 5-9 or chapter 19 of this title, when a practitioner licensed under any of such chapters is under state or federal indictment in this state for an offense involving the sale or dispensing of con…

(a) As used in this section:(1) “Drug-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma, unresponsiveness, decreased level of consciousness, respiratory depression, or death resulting from the consumption or use of a controlled …

(a) As used in this section:(1) “Cosmetic medical service” means any service that uses a biologic or synthetic material, a chemical application, a mechanical device, or a displaced energy form of any kind that alters or damages, or is capable of altering or damaging, living tissu…

(a) Except as provided in § 63-1-313, a health care prescriber licensed under this title may not dispense an opioid or benzodiazepine. This section shall not apply to:(1) The dispensing of complimentary packages of medicinal drugs that are labeled as a drug sample or complimentar…

(a) For the purposes of this section:(1) “Healthcare provider” means:(A) An individual acting within the scope of a valid license issued pursuant to this title;(B) A state-contracted crisis service provider that is employed by a facility licensed under title 33;(C) An alcohol and…

(a) As used in this section:(1) “Controlled substance” means a drug, substance, or immediate precursor identified, defined, or listed in title 39, chapter 17, part 4 and title 53, chapter 11;(2) “Drug or alcohol violation” means a violation of:(A) Section 39-17-418;(B) Section 39…

(a) As used in this section:(1) “Chief medical officer” means the chief medical officer for the department of health;(2) “Opioid antagonist” means a formulation of naloxone hydrochloride or another similarly acting and equally safe drug approved by the United States food and drug…

(a) As used in this section:(1) “Epinephrine kit” means a dose of epinephrine and a device for administering the dose of epinephrine;(2) “Law enforcement agency” has the same meaning as in § 39-13-519;(3) “Law enforcement officer” has the same meaning as in § 39-11-106; and(4) “P…

(a) A healthcare provider licensed under this title, with respect to alcohol and drug services, as defined in § 33-2-402, shall not knowingly:(1) Offer or pay a commission, benefit, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee…

(a) As used in this section, “electronic prescription” means a written prescription that is generated on an electronic application and is transmitted in accordance with 21 CFR Part 1311. (b) All written, printed, or electronic prescription orders for a Schedule II controlled subs…

(a) As used in this section:(1) “Licensing” means the procedure through which the privilege to engage in a specific profession regulated under this title is granted by a licensing authority;(2) “Licensing authority” means any state agency with the authority to impose training, ed…

(a) As used in this section:(1) “Board” means the board of medical examiners created pursuant to chapter 6 of this title;(2) “Continuing education” means the healthcare professional's licensing board required continued postgraduate education intended to provide healthcare profess…

(a) As used in this section:(1) “Original prescription” means a prescription for a controlled substance from an authorized prescriber that is presented by the patient to the pharmacist or submitted electronically to the pharmacy; and(2) “Partial fill” means a prescription filled …

(a) As used in this section:(1) “Alternative treatments” includes, but is not limited to, treatments such as chiropractic care, physical therapy, nonopioid medicinal drugs or drug products, occupational therapy, acupuncture, interventional procedures or treatments, and other such…

(a) The general assembly finds and declares the following:(1) The National Childhood Vaccine Injury Act of 1986 (42 U.S.C. § 300aa-26) requires, prior to the administration of a vaccine listed in the vaccine injury table to a minor, that healthcare providers provide the vaccine i…

(a) Notwithstanding any law to the contrary, a healthcare professional may accept goods or services as payment in a direct exchange of barter for healthcare services provided by the healthcare professional if the patient to whom the healthcare services are provided is not covered…

(a) Notwithstanding any requirement for the licensure of a medical professional by a health related board listed in § 68-1-101, a medical professional who has a current license to practice from another state, commonwealth, territory, or the District of Columbia is exempt from the…

(a) For purposes of this section:(1) “Facility” has the same meaning as defined in § 68-11-201;(2) “Healthcare provider” means a person who is licensed, certified, or authorized or permitted by the laws of this state to administer health care in the ordinary course of business or…

(a) Notwithstanding another law, a licensing board established pursuant to this title or title 68 shall enter into an executive session for any discussion or deliberation of licensee or prospective licensee health conditions, including mental health conditions and substance use d…

(a) Notwithstanding any law, if the licensing authority of a healthcare prescriber learns that the healthcare prescriber is the subject of an indictment for a federal or state criminal offense that involves a controlled substance violation or sexual offense, then the chair of the…

(a) For the purposes of providing services in a school setting pursuant to a child's individualized education program (IEP), the following healthcare providers licensed pursuant to this title may refer or order services within their scope of practice as part of a child's IEP:(1) …

(a) As used in this section:(1) “Career fatigue”:(A) Means a work-related, psychological disorder that manifests in emotional exhaustion, depersonalization, and a diminished sense of personal accomplishment; and(B) Does not mean:(i) Substance use disorder;(ii) A mental health con…

(a) All state entities that are created under this title and administratively attached to the division of health related boards must issue advisory private letter rulings to any affected person who is certified, licensed, or registered by such state entities and who makes such a …

(a) As used in this section:(1) “Coerce” means to compel a person to act by force, intimidation, or threat;(2) “Healthcare provider” means a healthcare professional, healthcare establishment, or healthcare facility licensed, registered, certified, or permitted pursuant to this ti…

(a) As used in this section:(1) “Government entity” means the state, any branch, department, agency, commission, or instrumentality of state government, any official or other person acting under color of state law, or any political subdivision of the state;(2) “Healthcare provide…

Notwithstanding any law, for an agency of state government created pursuant to this title or title 68, chapter 24, 29, or 140, three (3) or more members constitute a quorum for all contested case hearings and disciplinary matters, and the presiding officer of the agency is author…

(a) As used in this section, “board” means the governing body of any state entity created under this title. (b) A person must not be excluded from membership on a board on the basis of race, color, ethnicity, or national origin. A person must not be subjected to discrimination on…

(a) There is created an advisory task force on state reimbursement rates to make recommendations on annual adjustments to the reimbursement rates paid to agencies that perform healthcare functions and services in this state, the purpose of which is to ensure such reimbursement ra…

(a) (a) As used in this section:(1) “Contraception” means an action taken to prevent pregnancy, including the use of contraceptives, emergency contraceptives, fertility awareness-based methods, and sterilization procedures;(2) “Contraceptive” means any device, medication, biologi…

(1) Notwithstanding a law to the contrary, a healthcare prescriber licensed under this title who is authorized to prescribe controlled substances may prescribe a drug product that has been scheduled pursuant to § 39-17-403(d)(2) immediately upon the effective date of such schedul…

(1) As used in this part, unless the context otherwise requires:(1) “Free health clinic” means a health care facility operated by a nonprofit private entity that does not receive payment for its services and does not impose any charges on the individuals to whom services are rend…

(1) Medical practitioners who practice in a free health clinic and who do not receive monetary remuneration for medical care and other services rendered within the statutory scope of practice for such practitioner shall not be subject to:(1) Any fees for a special volunteer licen…

A medical practitioner or a free health clinic may not receive any compensation for services rendered including, but not limited to, reimbursement from an individual or from any third party payor. Reimbursement may not be accepted from any insurance policy, health plan or federal…

(1) For purposes of this part, unless the context requires otherwise:(1) “Advanced practice registered nurse” means any person licensed under chapter 7 of this title, who meets the requirements of § 63-7-126;(2) “Chronic nonmalignant pain treatment” means prescribing or dispensin…

(1) This part does not apply to:(1) A medical or dental school, an osteopathic medical school, a nursing school, a physician assistant program or an outpatient clinic associated with any of the foregoing schools or programs, including, but not limited to, clinics that have an agr…

(a) (1) Each licensed healthcare practitioner who provides services at a pain management clinic shall continue to be regulated only by the board which has issued a license to that practitioner.(2) A licensed health care practitioner shall notify the board that has licensed the pr…

Each board shall have the authority to inspect a pain management clinic which utilizes the services of a practitioner licensed by that board. During such inspections, the authorized representatives of the board may inspect all necessary documents and medical records to ensure com…

Each board shall have the authority to investigate a complaint alleging a violation of this part, or a rule adopted under this part, by a pain management clinic utilizing the services of a healthcare practitioner licensed by that board. Each board shall also have the authority to…

(a) (1) Each pain management clinic must have a medical director who is a medical doctor or osteopathic physician who practices in this state under an unrestricted and unencumbered license issued pursuant to § 63-6-201 or § 63-9-104.(2) In addition to the requirements of subdivis…

(a) A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for:(1) An offense that constitutes a felony; or(2) An offense that constitutes a misdemeanor, the facts of which relat…

(a) A pain management clinic may accept only a check or credit card in payment for services provided at the clinic, except as provided in subsection (b). (b) A payment may be made in cash for a co-pay, coinsurance or deductible when the remainder of the charge for the services wi…

(a) A violation of this part, or a rule adopted under this part, is grounds for disciplinary action against a practitioner providing services at a pain management clinic licensed under this part by the board that licensed that practitioner. (b) A practitioner who provides pain ma…

(a) Notwithstanding any provision of this title or title 53, chapters 10 and 11 to the contrary, no pain management clinic or medical doctor, osteopathic physician, advanced practice registered nurse with certificates of fitness to prescribe, or physician assistant working at a p…

(a) Notwithstanding this title or title 68, for the purposes of determining if a health care provider's office is operating as a pain management clinic, the department of health is authorized to conduct an unannounced inspection process, which may include, but not be limited to, …