Title 58, Title 58: Occupations and Professions

58-1-106. Division -- Duties, functions, and responsibilities. (1) The duties, functions, and responsibilities of the division include the following: prescribing, adopting, and enforcing rules to administer this title; investigating the activities of any person whose occupation o…

58-1-107. Applicability -- Relationship to specific chapters under title. The provisions of this chapter uniformly apply to the administration and enforcement of this title. However, unless expressly prohibited in this chapter, any provision of this chapter may be supplemented or…

58-1-108. Adjudicative proceedings. (1) The division and boards created in accordance with this title, including the members of a board designated under Subsection, shall comply with the procedures and requirements of, and, in all of their adjudicative proceedings as defined by S…

58-1-109. Presiding officers -- Content of orders -- Recommended orders -- Final orders -- Appeal of orders. (1) Unless otherwise specified by statute or rule made in accordance with, the presiding officer for adjudicative proceedings before the division is the director. Title 63…

58-1-111. Tax credit certificate -- Psychiatrists and psychiatric mental health nurse practitioners -- Underserved populations. (1) As used in this section: "Average of 30 hours or more per week" means that the quotient calculated when dividing the claimant's total hours providin…

58-1-112. Data collection. (1) As used in this section: "Council" means the Utah Health Workforce Advisory Council created in Section. 26B-1-425 "Information center" means the Utah Health Workforce Information Center created in Section. 26B-4-705 (2) In accordance with Subsection…

58-1-113. Statewide behavioral health provider database study. (1) As used in this section: "Accountable care organization" means a managed care organization, as defined in 42 C.F.R. Sec. 438, that contracts with the Department of Health and Human Services under the provisions of…

58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies -- Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in professional school that teaches continuing education prohibited. (1) The executive director shall appoint the members of t…

58-1-202. Boards -- Duties, functions, and responsibilities. (1) Except as provided in Subsection, the duties, functions, and responsibilities of each board established under this title include the following: (2) recommending to the director appropriate rules and statutory change…

58-1-203. Duties, functions, and responsibilities of division in collaboration with board -- Construction Services Commission. (1) The division shall perform the following duties, functions, and responsibilities with the collaboration and assistance of the appropriate board: defi…

58-1-301. License application -- Licensing procedure. (1) Each license applicant shall apply to the division in writing upon forms available from the division. Each completed application shall: contain documentation of the particular qualifications required of the applicant under…

58-1-301.3. Waiver of licensing fees. An individual applying for initial licensure or licensure renewal under this title may apply for initial licensure or licensure renewal without paying the fees described in Subsectionif the applicant provides evidence to the division in a for…

58-1-301.5. Division access to Bureau of Criminal Identification records -- Criminal background check requirement. (1) As used in this section, "applicant" means an individual applying for licensure or certification, or with respect to a license or certification, applying for ren…

58-1-301.5. Division access to Bureau of Criminal Identification records -- Criminal background check requirement. (1) As used in this section, "applicant" means an individual applying for licensure or certification, for renewal, reinstatement, or relicensure or recertification, …

58-1-301.7. Change of information. (1) An applicant, licensee, or certificate holder shall notify the division within 10 business days of a change in mailing address or email address. When providing a mailing address, the individual may provide a post office box or other mail dro…

58-1-302. License by endorsement. (1) As used in this section: "License" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. "Limited supervised training permit" means a temporary authorization to work in a limited …

58-1-302.1. Temporary license for telemedicine. (1) As used in this section: "Nonresident health care license" means a health care license issued by another state, district, or territory of the United States. "Telemedicine service" means the same as that term is defined in Sectio…

58-1-303. Temporary license. (1) The division may issue a temporary license to a person who has met all license requirements except the passing of an examination. In this case: the licensee shall take the next available examination; and the temporary license automatically expires…

58-1-304. Restricted license. (1) The division may issue a restricted or probationary license to an applicant for licensure, renewal, or reinstatement of licensure if: the applicant appears to meet the qualifications for licensure, but has engaged in unlawful, unprofessional, or …

58-1-305. Inactive license. (1) In accordance with, the division may adopt rules permitting inactive licensure. Title 63G, Chapter 3, Utah Administrative Rulemaking Act The rules shall specify the requirements and procedures for placing a license on inactive status, the length of…

58-1-306. Surrender of license. (1) The division may, by written agreement, accept the voluntary surrender of a license. (2) Unless otherwise stated in the written agreement, tender and acceptance of a voluntary surrender of a license does not foreclose the division from pursuing…

58-1-307. Exemptions from licensure. (1) Except as otherwise provided by statute or rule, the following individuals may engage in the practice of their occupation or profession, subject to the stated circumstances and limitations, without being licensed under this title: an indiv…

58-1-307.1. Delegation of health care services -- Division duties. The division, in consultation with the Department of Health, shall identify by rule made in accordance with, a list of health care services that an unlicensed individual may perform without delegation by a health …

58-1-308. Term of license -- Expiration of license -- Renewal of license -- Reinstatement of license -- Application procedures. (1) Each license issued under this title shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extend…

58-1-309. Laws and rules examination. In addition to qualifications for licensure or renewal of licensure enumerated in specific practice acts under this title, the division may by rule require an applicant to pass an examination of the laws and rules relevant to the occupation o…

58-1-310. Application for division determination regarding criminal conviction. (1) An individual with a criminal record may apply to the division at any time for a determination of whether the individual's criminal record would disqualify the individual from obtaining a license …

58-1-311. Required examinations in languages in addition to English. In order to encourage economic development in the state, the department may offer any required examination under this title, which is prepared by a national testing organization, in languages in addition to Engl…

58-1-312. Organ donation notification. (1) As used in this section: "Donor" means the same as that term is defined in Section. 26B-8-301 "Donor registry" means the same as that term is defined in Section. 26B-8-301 (2) At the same time the division issues a new license to a licen…

58-1-313. Veteran licensing. (1) As used in this section: "License" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. "Service member" means the same as that term is defined in Section. 71A-1-101 (2) The division …

58-1-401. Grounds for denial of license -- Disciplinary proceedings -- Time limitations -- Sanctions. (1) The division shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the licen…

58-1-402. Administrative review -- Special appeals boards. (1) Any applicant who has been denied a license to practice on the basis of credentials, character, a criminal record, or failure to pass a required examination, or who has been refused renewal or reinstatement of a licen…

58-1-403. Minimum 90-day suspension. A license may not be reinstated subsequent to action taken under Sectionwithin 90 days after the action has been taken, unless the division in collaboration with the appropriate board imposes other conditions.

58-1-405. Provisions of volunteer health or veterinary services -- Division authority. In accordance with Section, the division may pursue actions against a volunteer health practitioner operating under.

58-1-501. Unlawful and unprofessional conduct. (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under this title and includes when the person: practices or engages in, represents oneself to be practicing or engaging in, or attempts to practice or e…

58-1-501.3. Health professional prescribing exceptions for expedited partner therapy for sexually transmitted diseases. (1) For purposes of this section: "Drug to treat a sexually transmitted disease" means a drug: as defined in Section; and 58-17b-102 that is: an antibiotic; and…

58-1-501.5. Anatomic pathology services -- Billing violations. (1) As used in this section, the following definitions apply: "Anatomic pathology services" including "technical or professional component of anatomic pathology services" means: histopathology or surgical pathology, m…

58-1-501.6. Health care provider advertisements and disclosure -- Unprofessional conduct. For purposes of this section: (1) "Advertisement" includes: billboards; written documents such as: brochures; pamphlets; direct mail solicitations; radio, television, and telephone solicitat…

58-1-501.7. Standards of conduct for prescription drug education -- Academic and commercial detailing. (1) For purposes of this section: "Academic detailing": means a health care provider who is licensed under this title to prescribe or dispense a prescription drug and employed b…

58-1-501.8. Occupational and professional identification of health care providers -- Unlawful and unprofessional conduct -- Penalties. (1) For purposes of this section: "Badge" means a tag or badge in plain view: attached to a health care provider's clothing; or hanging from a la…

58-1-502. Unlawful and unprofessional conduct -- Penalties. (1) Unless otherwise specified in this title, a person who violates the unlawful conduct provisions defined in this title is guilty of a class A misdemeanor. Unless a specific fine amount is specified elsewhere in this t…

58-1-503. Maximum civil penalty for violation of court order. (1) If any written order issued under this title or if an injunction or temporary restraining order issued by a court of competent jurisdiction relating to this title is violated, the court may impose a civil penalty o…

58-1-504. Court-ordered discipline. The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this title if so ordered by a court.

58-1-505. Cosmetic medical procedure supervisor. (1) For purposes of this section and Section: 58-1-506 "Cosmetic medical facility" means a physician's office or a facility that has a supervisor who performs the supervision required in Section. 58-1-506 "Supervisor" means: a phys…

58-1-506. Supervision of cosmetic medical procedures. (1) For purposes of this section: "Delegation group A" means the following who are licensed under this title, acting within their respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii): a physician …

58-1-507. Cosmetic medical procedure -- Truth in advertising. Beginning July 1, 2013, a facility that performs a cosmetic medical procedure as defined in Sectionmay not advertise or hold itself out to the public as a "medical spa," "medical facility," or "medical clinic" unless t…

58-1-508. Failure to follow certain health care claims practices -- Penalties. (1) As used in this section, "health care provider" means an individual who is licensed to provide health care services under this title. (2) The division may assess a fine of up to $500 per violation …