Title 58, Occupations and Professions

58-55-606. Investigation of a regulated activity. (1) The division shall be responsible for the investigation of a person or an activity that violates the provisions of this chapter. (2)(a) The division shall investigate: (i) a licensee alleged to engage in unlawful or unprofessi…

58-55-607. Collection -- Enforcement. (1) The division shall deposit collected fines into the Commerce Service Account created under Section 13-1-2. (2) If a person fails to pay a penalty, the director may: (a) refer the case to a collection agency; or (b) file a district court a…

58-55-701. Definitions. As used in this part, "licensed contractor" means a person licensed under this chapter.

58-55-702. Construction Business Registry. (1) The division shall establish and maintain the Construction Business Registry as described in this section. (2) The Construction Business Registry shall consist of a database of contact information for licensed contractors. (3) Beginn…

58-55-703. Fees. The division may establish a fee for the entry of a licensed contractor's contact information into the Construction Business Registry, in accordance with Section 63J-1-504, to assist in offsetting the cost of creating, administering, and maintaining the Construct…

58-55-704. Rulemaking. The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and maintain the Construction Business Registry in accordance with this part.

58-56-1. Title. This chapter is known as the "Building Inspector and Factory Built Housing Licensing Act."

58-56-15.1. Factory built housing set-up contractor license. (1) The scope of the work included under a factory built housing set-up contractor license includes: (a) the placement or securing, or both placement and securing, of the factory built housing on a permanent or temporar…

58-56-16. Registration of dealers -- Bonding requirements -- Renewal -- Exemptions -- Discipline. (1) Each person engaged in the sale of factory built housing in the state, except as provided in Subsection (4), shall register with the division as a dealer. (2) Each applicant for …

58-56-17. Fees on sale -- Escrow agents -- Sales tax. (1) A dealer shall collect and remit a fee of $25 to the division for each factory built home the dealer sells that, as of the date of the sale, has not been permanently affixed to real property and converted to real property …

58-56-17.5. Factory Built Housing Fees Restricted Account. (1) There is created within the General Fund a restricted account known as "Factory Built Housing Fees Account." (2)(a) The restricted account shall be funded from the fees the dealer collects and remits to the division f…

58-56-2. Chapter administration. The provisions of this chapter shall be administered by the Division of Professional Licensing.

58-56-3. Definitions. In addition to the definitions in Section 58-1-102, definitions in the following sections apply to this chapter: (1) Section 15A-1-102; (2) Section 15A-1-202; and (3) Section 15A-1-302.

58-56-3.5. Surcharge fee. (1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter…

58-56-8.5. Building Inspector Licensing Board. (1) There is created a Building Inspector Licensing Board consisting of four building inspectors and one member of the general public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The duties and…

58-56-9. Qualifications of inspectors -- Contract for inspection services. (1) A building inspector employed by a local regulator, state regulator, or compliance agency to enforce the codes shall: (a) be currently licensed by the division as meeting the minimum qualifications the…

58-56-9.1. Unlawful conduct. (1) "Unlawful conduct" means the same as that term is defined in Section 58-1-501. (2) "Unlawful conduct" includes: (a) engaging in the sale of factory built housing without being registered with the division as a dealer, unless the sale is exempt und…

58-56-9.3. Unprofessional conduct. (1) "Unprofessional conduct" means the same as that term is defined in Section 58-1-501. (2) "Unprofessional conduct" includes: (a) as a building inspector: (i) knowingly failing to inspect or issue correction notices for code violations that wh…

58-56-9.4. Investigation of regulated activity. (1) The division is responsible for the investigation of a person or an activity that violates the provisions of this chapter. (2) An investigation by the division may include: (a) a requirement that potential administrative appeals…

58-56-9.5. Penalty for unlawful conduct -- Citations. (1) A person who violates a provision of Section 58-56-9.1 or who fails to comply with a citation issued under this section after it is final is guilty of a class A misdemeanor. (2) Grounds for immediate suspension of a licens…

58-57-101. Definitions. As used in this chapter: (1) "Board" means the Respiratory Care Licensing Board created in Section 58-57-102. (2)(a) "Health care facility" means a facility or institution in which health care services are performed or furnished. (b) "Health care facility"…

58-57-102. Board created -- Membership -- Duties. (1) There is created a five-member Respiratory Care Licensing Board consisting of the following individuals: (a) one physician who is a member of either the American Society of Anesthesiologists, the American College of Chest Phys…

58-57-103. Qualifications for a license -- Scope of practice. (1) The division shall issue to an individual who meets the requirements specified in this section a license in the classification of: (a) respiratory care practitioner; or (b) respiratory care apprentice. (2)(a) An ap…

58-57-104. Licensure by endorsement. Licensure by endorsement shall be in accordance with Section 58-1-302.

58-57-105. Term of license -- Expiration -- Renewal. (1)(a) The division shall issue a respiratory care practitioner license in accordance with a two-year renewal cycle the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) The…

58-57-106. Exemptions from licensure. (1)(a) For purposes of Subsection (2)(b), "qualified" means an individual who is a registered polysomnographic technologist or a Diplomate certified by the American Board of Sleep Medicine. (b) For purposes of Subsections (2)(f) and (g), "sup…

58-57-107. Grounds for denial of license -- Disciplinary proceedings. (1) The division may: (a) refuse to issue a license to an applicant; (b) refuse to renew a license; (c) revoke, suspend, restrict, or place a license on probation; (d) issue a public or private reprimand to a l…

58-57-108. Use of title or designation. (1) Only a respiratory care practitioner may use the following titles or designations: (a) respiratory care practitioner; (b) respiratory therapist; or (c) respiratory technician. (2) Only a respiratory care apprentice may use the following…

58-57-109. Independent practice prohibited. A respiratory care practitioner may not: (1) practice independently of a practitioner or of a health care facility while under the supervision of a practitioner; or (2) charge a fee independently of a practitioner or health care facilit…

58-57-110. Unlawful conduct -- Penalty. (1) As used in this section, "unlawful conduct" includes: (a) using the following titles or initials for the following titles if the user is not properly licensed: (i) respiratory care practitioner; (ii) respiratory therapist; (iii) respira…

58-60-101. Title. This chapter is known as the "Mental Health Professional Practice Act."

58-60-102. Definitions. As used in this chapter, unless a definition establishes a different meaning under a specific section or part: (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5. (2) "Client" or "patient" means an individual who an individual lic…

58-60-102.5. Behavioral Health Board -- Advisory committees. (1) There is created the Behavioral Health Board consisting of: (a) no less than six behavioral health care providers licensed in Utah to practice as a: (i) clinical social worker; (ii) marriage and family therapist; (i…

58-60-103. Licensure required. (1)(a) An individual shall be licensed under: (i) this chapter; (ii) Chapter 67, Utah Medical Practice Act; (iii) Chapter 68, Utah Osteopathic Medical Practice Act; (iv) Chapter 31b, Nurse Practice Act; (v) Chapter 61, Psychologist Licensing Act; (v…

58-60-104. 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 cycle by as much as one year to …

58-60-105. Continuing education. (1) By rule made under Section 58-1-203, the division may establish a continuing education requirement as a condition for renewal of any license classification under this chapter upon finding continuing education for that profession is necessary t…

58-60-106. Status of licenses held on the effective date of this chapter -- Grandfather provisions. (1) An individual holding a valid Utah license as a clinical social worker, certified social worker, social service worker, or marriage and family therapist under any licensing or …

58-60-107. Exemptions from licensure. (1) Except as modified in Section 58-60-103, the exemptions from licensure in Section 58-1-307 apply to this chapter. (2) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the d…

58-60-108. Grounds for denial of licensure or certification -- Disciplinary proceedings. (1) As used in this section: (a) "License" includes a certification issued under this chapter. (b) "Licensed" includes a person certified under this chapter. (c) "Licensee" includes a certifi…

58-60-109. Unlawful conduct. (1) As used in this chapter, "unlawful conduct" includes: (a) practice of the following unless licensed in the appropriate classification or exempted from licensure under this title: (i) mental health therapy; (ii) clinical social work; (iii) certifie…

58-60-110. Unprofessional conduct. (1) As used in this chapter, "unprofessional conduct" includes: (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 profe…

58-60-111. Penalty for unlawful conduct. An individual who commits any act of unlawful conduct as defined in: (1) Subsection 58-60-109(1) or (2) is guilty of a third degree felony; or (2) Subsection 58-60-109(3) is guilty of a class A misdemeanor.

58-60-112. Reporting of unprofessional or unlawful conduct -- Immunity from liability -- Reporting conduct of court-appointed therapist. (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102 by a person licensed under this chapter or an…

58-60-113. Evidentiary privilege. Evidentiary privilege for mental health therapists regarding admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506 of the Utah Rules of Evidence.

58-60-114. Confidentiality -- Exemptions. (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a mental health therapist under this chapter may not disclose any confidential communication with a client or patient without the express written cons…

58-60-115. License by endorsement. The division shall issue a license by endorsement under this chapter to a person who: (1) submits an application on a form provided by the division; (2) pays a fee determined by the department under Section 63J-1-504; (3) provides documentation …