Read the full stored bill text
337
26B-2-801
26B-4-203
26B-8-201
58-1-401
58-1-510
58-1-602
58-1-603
58-24b-102
58-24b-402
58-24b-403
58-31b-102
58-31b-103
58-31b-301
58-31b-302
58-31b-303
58-31b-304
58-31b-306.1
58-31b-803
58-31d-102
58-40a-102
58-40a-103
58-40a-201
58-40a-302
58-40a-303
58-41-1
58-41-3
58-42a-102
58-42a-306
58-42a-307
58-44a-302
58-47b-201
58-54-303
58-57-1
58-57-11
58-57-2
58-57-3
58-57-4
58-57-5
58-57-6
58-57-7
58-57-8
58-57-10
58-57-12
58-57-14
58-70a-302
58-70a-307
58-70a-501
58-72-102
58-72-302
58-72-501
58-72-601
58-72-701
58-88-201
63I-2-258
26B-2-801
26B-4-203
26B-8-201
58-1-401
58-1-510
58-1-602
58-1-603
58-24b-102
58-24b-402
58-24b-403
58-31b-102
58-31b-103
58-31b-301
58-31b-302
58-31b-303
58-31b-304
58-31b-306.1
58-31b-803
58-31d-102
58-40a-102
58-40a-103
58-40a-201
58-40a-302
58-40a-303
58-41-1
58-41-3
58-42a-102
58-42a-306
58-42a-307
58-44a-302
58-47b-201
58-54-303
58-57-1
58-57-11
58-57-2
58-57-3
58-57-4
58-57-5
58-57-6
58-57-7
58-57-8
58-57-10
58-57-12
58-57-14
58-70a-302
58-70a-307
58-70a-501
58-72-102
58-72-302
58-72-501
58-72-601
58-72-701
58-88-201
63I-2-258
0
Office of Professional Licensure Review Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Jason B. Kyle
LONG TITLE
General Description:
This bill modifies the scope of practice requirements for health professions.
Highlighted Provisions:
This bill:
defines terms;
provides that a physical therapist may prescribe durable medical equipment;
expands the medical imaging a physical therapist may order;
allows a physical therapist assistant to perform limited joint mobilization;
provides a certified registered nurse anesthetist prescriptive authority immediately before
and after a procedure;
extends the amount of time a student may work as a registered nurse apprentice;
permits an advanced practice registered nurse and a physician assistant to perform minor
surgical procedures;
repeals the authority of an advanced practice registered nurse and a physician assistant to
perform minor surgical procedures on July 1, 2028;
clarifies collaboration requirements between an athletic trainer and a physician;
allows an occupational therapist to prescribe durable medical equipment and adaptive
devices;
gives the division rulemaking authority for occupational therapists;
directs the division to create and issue a respiratory care apprentice license;
reduces the number of hours required for a physician assistant to work without a
collaborative agreement;
allows an acupuncturist to delegate a low-risk task to an unlicensed aide under specified
conditions;
changes the training requirements for an acupuncturist performing injection therapy;
gives the division rulemaking authority to determine additional substances an
acupuncturist may inject;
clarifies the titles an acupuncturist may use;
aligns dry needling for occupational therapists and physical therapists; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-801
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 11
26B-4-203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 392
26B-8-201
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 240
58-1-401
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 404
58-1-510
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 324
58-1-602
Effective
05/06/26
, as enacted by Laws of Utah 2022, Chapter 317
58-1-603
Effective
05/06/26
, as enacted by Laws of Utah 2023, Chapter 2
58-24b-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 219
58-24b-402
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 220
58-24b-403
Effective
05/06/26
, as enacted by Laws of Utah 2009, Chapter 220
58-31b-103
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapter 303
58-31b-301
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 277
58-31b-303
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapters 277,
415
58-31b-304
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 277
58-31b-306.1
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 173
58-31b-803
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 223
58-31d-102
Effective
05/06/26
, as repealed and reenacted by Laws of Utah 2022,
Chapter 438
58-40a-102
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 206
58-40a-201
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 206
58-40a-302
Effective
05/06/26
, as last amended by Laws of Utah 2009, Chapter 183
58-40a-303
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 206
58-42a-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 219
58-42a-306
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 432
58-42a-307
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 219
58-44a-302
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
58-47b-201
Effective
05/06/26
Repealed
07/01/34
, as last amended by Laws of Utah
2024, Chapter 507
58-54-303
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 242
58-70a-302
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
58-70a-307
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 312 and last
amended by Coordination Clause, Laws of Utah 2021, Chapters 313, 344
58-70a-501
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 301
58-72-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
58-72-302
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 339
58-72-501
Effective
05/06/26
, as last amended by Laws of Utah 2008, Chapter 250
58-72-701
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 485
58-88-201
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 276
63I-2-258
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 277
REPEALS AND REENACTS:
58-31b-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
58-31b-302
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
RENUMBERS AND AMENDS:
58-57-101
Effective
05/06/26
, (Renumbered from 58-57-2, as last amended by Laws
of Utah 2006, Chapter 106)
58-57-102
Effective
05/06/26
, (Renumbered from 58-57-3, as last amended by Laws
of Utah 1993, Chapter 297)
58-57-103
Effective
05/06/26
, (Renumbered from 58-57-4, as last amended by Laws
of Utah 2020, Chapter 339)
58-57-104
Effective
05/06/26
, (Renumbered from 58-57-5, as last amended by Laws
of Utah 2006, Chapter 106)
58-57-105
Effective
05/06/26
, (Renumbered from 58-57-6, as repealed and reenacted
by Laws of Utah 1993, Chapter 297)
58-57-106
Effective
05/06/26
, (Renumbered from 58-57-7, as last amended by Laws
of Utah 2024, Chapter 147)
58-57-107
Effective
05/06/26
, (Renumbered from 58-57-8, as repealed and reenacted
by Laws of Utah 1993, Chapter 297)
58-57-108
Effective
05/06/26
, (Renumbered from 58-57-10, as last amended by
Laws of Utah 2006, Chapter 106)
58-57-109
Effective
05/06/26
, (Renumbered from 58-57-12, as last amended by
Laws of Utah 2006, Chapter 106)
58-57-110
Effective
05/06/26
, (Renumbered from 58-57-14, as last amended by
Laws of Utah 2022, Chapter 415)
REPEALS:
58-40a-103
Effective
05/06/26
, as enacted by Laws of Utah 2006, Chapter 206
58-41-1
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
1989, Chapter 207
58-41-3
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2020, Chapter 424
58-57-1
Effective
05/06/26
, as enacted by Laws of Utah 1990, Chapter 208
58-57-11
Effective
05/06/26
, as last amended by Laws of Utah 2006, Chapter 106
58-72-601
Effective
05/06/26
, as last amended by Laws of Utah 2007, Chapter 90
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-2-801
is amended to read:
26B-2-801
Effective
05/06/26
. Definitions for part.
As used in this part:
(1)
"Adult" means an individual who is:
(a)
at least 18 years old; or
(b)
under 18 years old and is emancipated.
(2)
"APRN" means an individual who is:
(a)
certified or licensed as an
advance
advanced
practice registered nurse under
Subsection
58-31b-301
(2)(e)
58-31b-301(2)
;
(b)
an independent practitioner; and
(c)
acting within the scope of practice for that individual, as provided by law, rule, and
specialized certification and training in that individual's area of practice.
(3)
"Capacity" means the same as that term is defined in Section
75A-9-101
.
(4)
"Emergency medical services provider" means a person that is licensed, designated, or
certified under Title
53, Chapter 2d
, Emergency Medical Services Act.
(5)
"Health care" means the same as that term is defined in Section
75A-9-101
.
(6)
"Health care provider" means the same as that term is defined in Section
78B-3-403
,
except that "health care provider" does not include an emergency medical services
provider.
(7)
(a)
"Life sustaining care" means any medical intervention, including procedures,
administration of medication, or use of a medical device, that maintains life by
sustaining, restoring, or supplanting a vital function.
(b)
"Life sustaining care" does not include care provided for the purpose of keeping an
individual comfortable.
(8)
"Minor" means an individual who:
(a)
is under 18 years old; and
(b)
is not emancipated.
(9)
"Order for life sustaining treatment" means an order related to life sustaining treatment,
on a form designated by the Department of Health and Human Services under Section
26B-2-802
, that gives direction to health care providers, health care facilities, and
emergency medical services providers regarding the specific health care decisions of the
individual to whom the order relates.
(10)
"Parent" means the same as that term is defined in Section
75-1-201
.
(11)
"Physician" means a physician and surgeon or osteopathic surgeon licensed under Title
58, Chapter 67
, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical
Practice Act.
(12)
"Physician assistant" means an individual licensed as a physician assistant under Title
58, Chapter 70a
, Utah Physician Assistant Act.
(13)
"Sign" means the same as that term is defined in Section
75-1-201
.
(14)
"Substituted judgment" means the standard to be applied by a surrogate when making a
health care decision for an adult who previously had the capacity to make health care
decisions, which requires the surrogate to consider:
(a)
specific preferences expressed by the adult:
(i)
when the adult had the capacity to make health care decisions; and
(ii)
at the time the decision is being made;
(b)
the surrogate's understanding of the adult's health care preferences;
(c)
the surrogate's understanding of what the adult would have wanted under the
circumstances; and
(d)
to the extent that the preferences described in Subsections
(14)(a)
through
(c)
are
unknown, the best interest of the adult.
(15)
"Surrogate" means the same as that term is defined in Section
75A-9-101
.
Section 2. Section
26B-4-203
is amended to read:
26B-4-203
Effective
05/06/26
. Qualifying condition.
(1)
By designating a particular condition under Subsection
(2)
for which the use of medical
cannabis to treat symptoms is decriminalized, the Legislature does not conclusively state
that:
(a)
current scientific evidence clearly supports the efficacy of a medical cannabis
treatment for the condition; or
(b)
a medical cannabis treatment will treat, cure, or positively affect the condition.
(2)
For the purposes of this part, each of the following conditions is a qualifying condition:
(a)
HIV or acquired immune deficiency syndrome;
(b)
Alzheimer's disease;
(c)
amyotrophic lateral sclerosis;
(d)
cancer;
(e)
cachexia;
(f)
persistent nausea that is not significantly responsive to traditional treatment, except
for nausea related to:
(i)
pregnancy;
(ii)
cannabis-induced cyclical vomiting syndrome; or
(iii)
cannabinoid hyperemesis syndrome;
(g)
Crohn's disease or ulcerative colitis;
(h)
epilepsy or debilitating seizures;
(i)
multiple sclerosis or persistent and debilitating muscle spasms;
(j)
post-traumatic stress disorder that is being treated and monitored by a licensed mental
health therapist, as that term is defined in Section
58-60-102
, and that:
(i)
has been diagnosed by a health
care provider or mental health provider employed
or contracted by the United States Veterans Administration, evidenced by copies
of medical records from the United States Veterans Administration that are
included as part of the recommending medical provider's pre-treatment assessment
and medical record documentation; or
(ii)
has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
the patient, by a provider who is:
(A)
a licensed board-eligible or board-certified psychiatrist;
(B)
a licensed psychologist with a master's-level degree;
(C)
a licensed clinical social worker with a master's-level degree;
(D)
a licensed advanced practice registered nurse who is qualified to practice
within the psychiatric mental health nursing specialty and who has completed
the clinical practice requirements in psychiatric mental health nursing,
including in psychotherapy
, in accordance with Subsection
58-31b-302(5)(g)
;
or
(E)
a licensed physician assistant who is qualified to specialize in mental health
care under Section
58-70a-501.1
;
(k)
autism;
(l)
a terminal illness when the patient's remaining life expectancy is less than six months;
(m)
a condition resulting in the individual receiving hospice care;
(n)
a rare condition or disease that:
(i)
affects less than 200,000 individuals in the United States, as defined in Section
526 of the Federal Food, Drug, and Cosmetic Act; and
(ii)
is not adequately managed despite treatment attempts using:
(A)
conventional medications other than opioids or opiates; or
(B)
physical interventions;
(o)
pain lasting longer than two weeks that is not adequately managed, in the
recommending medical provider's opinion, despite treatment attempts using:
(i)
conventional medications other than opioids or opiates; or
(ii)
physical interventions;
(p)
pain that is expected to last for two weeks or longer for an acute condition, including
a surgical procedure, for which a medical professional may generally prescribe
opioids for a limited duration, subject to Subsection
26B-4-213(5)(c)
; and
(q)
a condition that the Compassionate Use Board approves under Section
26B-1-421
,
on an individual, case-by-case basis.
Section 3. Section
26B-8-201
is amended to read:
26B-8-201
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Dead body" means the same as that term is defined in Section
26B-8-101
.
(2)
(a)
"Death by violence" means death that resulted by the decedent's exposure to
physical, mechanical, or chemical forces.
(b)
"Death by violence" includes death that appears to have been due to homicide, death
that occurred during or in an attempt to commit rape, mayhem, kidnapping, robbery,
burglary, housebreaking, extortion, or blackmail accompanied by threats of violence,
assault with a dangerous weapon, assault with intent to commit any offense
punishable by imprisonment for more than one year, arson punishable by
imprisonment for more than one year, or any attempt to commit any of the foregoing
offenses.
(3)
"Health care professional" means any of the following while acting in a professional
capacity:
(a)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act;
(b)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act; or
(c)
an advanced practice registered nurse licensed under Subsections
58-31b-301(2)(a)
through
(c)
.
(4)
"Immediate relative" means an individual's spouse, child, parent, sibling, grandparent,
or grandchild.
(4)
"Health care professional" means any of the following while acting in a professional
capacity:
(a)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act;
(b)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act; or
(c)
an advance practice registered nurse licensed under Subsection
58-31b-301
(2)(e).
(5)
"Medical examiner" means the state medical examiner appointed pursuant to Section
26B-8-202
or a deputy appointed by the medical examiner.
(6)
"Medical examiner record" means:
(a)
all information that the medical examiner obtains regarding a decedent;
(b)
reports that the medical examiner makes regarding a decedent; and
(c)
all administrative forms and correspondence related to a decedent's case.
(7)
"Regional pathologist" means an American Board of Pathology certified pathologist
licensed to practice medicine and surgery in the state, appointed by the medical
examiner pursuant to Subsection
26B-8-202(3)
.
(8)
"Sudden death while in apparent good health" means apparently instantaneous death
without obvious natural cause, death during or following an unexplained syncope or
coma, or death during an acute or unexplained rapidly fatal illness.
(9)
"Sudden unexpected infant death" means the death of a child who was thought to be in
good health or whose terminal illness appeared to be so mild that the possibility of a
fatal outcome was not anticipated.
(10)
"Suicide" means death caused by an intentional and voluntary act of an individual who
understands the physical nature of the act and intends by such act to accomplish
self-destruction.
(11)
"Unattended death" means a death that occurs more than 365 days after the day on
which a health care professional examined or treated the deceased individual for any
purpose, including writing a prescription.
(12)
(a)
"Unavailable for postmortem investigation" means that a dead body is:
(i)
transported out of state;
(ii)
buried at sea;
(iii)
cremated;
(iv)
processed by alkaline hydrolysis; or
(v)
otherwise made unavailable to the medical examiner for postmortem investigation
or autopsy.
(b)
"Unavailable for postmortem investigation" does not include embalming or burial of
a dead body pursuant to the requirements of law.
(13)
"Within the scope of the decedent's employment" means all acts reasonably necessary
or incident to the performance of work, including matters of personal convenience and
comfort not in conflict with specific instructions.
Section 4. Section
58-1-401
is amended to read:
58-1-401
Effective
05/06/26
. 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 license of a
licensee who does not meet the qualifications for licensure under this title.
(2)
The division may refuse to issue a license to an applicant and may refuse to renew or
may revoke, suspend, restrict, place on probation, issue a public reprimand to, or
otherwise act upon the license of a licensee for the following reasons:
(a)
subject to the provisions of Subsection
(7)
, the applicant or licensee has engaged in
unprofessional conduct, as defined by statute or rule under this title;
(b)
the applicant or licensee has engaged in unlawful conduct as defined by statute under
this title;
(c)
the applicant or licensee has been determined to be mentally incompetent by a court
of competent jurisdiction; or
(d)
subject to Subsections
58-31b-401(7)
58-31b-401(6)
,
58-60-108(2)
,
58-61-401(2)
,
58-67-401(2)
,
58-68-401(2)
,
58-70a-401(2)
, and Section
58-81-105
, the applicant or
licensee is unable to practice the occupation or profession with reasonable skill and
safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals,
or other type of material, or as a result of a mental or physical condition, when the
condition demonstrates a threat or potential threat to the public health, safety, or
welfare.
(3)
A licensee whose license to practice an occupation or profession regulated by this title
has been suspended, revoked, placed on probation, or restricted may apply for
reinstatement of the license at reasonable intervals and upon compliance with conditions
imposed upon the licensee by statute, rule, or terms of the license suspension,
revocation, probation, or restriction.
(4)
The division may issue cease and desist orders to:
(a)
a licensee or applicant who may be disciplined under Subsection
(1)
or
(2)
;
(b)
a person who engages in or represents that the person is engaged in an occupation or
profession regulated under this title; and
(c)
a person who otherwise violates this title or a rule adopted under this title.
(5)
The division may impose an administrative penalty in accordance with Section
58-1-502
.
(6)
(a)
The division may not take disciplinary action against a person for unprofessional
or unlawful conduct under this title, unless the division enters into a stipulated
agreement or initiates an adjudicative proceeding regarding the conduct within four
years after the conduct is reported to the division, except under Subsection
(6)(b)
.
(b)
(i)
The division may not take disciplinary action against a person for
unprofessional or unlawful conduct more than 10 years after the occurrence of the
conduct, unless the proceeding is in response to a civil or criminal judgment or
settlement and the proceeding is initiated within one year following the judgment
or settlement.
(ii)
Notwithstanding Subsection
(6)(b)(i)
, the division may refuse to issue a license
due to unprofessional or unlawful conduct that occurred more than 10 years before
a request or application for licensure is made.
(7)
When the division is determining whether to refuse to issue a license to an applicant, or
to refuse to renew the license of a licensee, based solely on the criminal conviction of an
applicant or licensee, the division shall:
(a)
provide individualized consideration to the applicant or licensee;
(b)
determine whether the criminal conviction bears a substantial relationship to the
applicant's or licensee's ability to safely or competently practice the occupation or
profession; and
(c)
consider the applicant's or licensee's current circumstances, which may include any
of the following:
(i)
the age of the applicant or licensee when the applicant or licensee committed the
offense;
(ii)
the time that has elapsed since the applicant or licensee committed the offense;
(iii)
whether the applicant or licensee has completed the applicant's or licensee's
criminal sentence;
(iv)
whether the applicant has completed or is actively participating in rehabilitative
drug or alcohol treatment;
(v)
any testimonials or recommendations from other individuals provided by the
applicant or licensee, including a progress report from the applicant's or licensee's
probation or parole officer;
(vi)
other evidence of rehabilitation provided by the applicant or licensee;
(vii)
the education and training of the applicant or licensee;
(viii)
the employment history of the applicant or licensee; and
(ix)
other relevant information provided by the applicant or licensee.
Section 5. Section
58-1-510
is amended to read:
58-1-510
Effective
05/06/26
. Anesthesia and sedation requirements --
Unprofessional conduct -- Whistleblower protection.
(1)
As used in this section:
(a)
"Anesthesia or sedation provider" means an individual who is licensed:
(i)
under
Chapter 5a, Podiatric Physician Licensing Act
;
(ii)
under Subsection
58-31b-301(2)(e)
58-31b-301(2)(b)
;
(iii)
under
Chapter 67, Utah Medical Practice Act
;
(iv)
under
Chapter 68, Utah Osteopathic Medical Practice Act
; or
(v)
as a dentist under
Chapter 69, Dentist and Dental Hygienist Practice Act
, and who
has obtained the appropriate permit established by the division under Subsection
58-69-301(4)
.
(b)
"Deep sedation" means a drug-induced depression of consciousness where an
individual:
(i)
cannot be easily aroused;
(ii)
responds purposefully following repeated or painful stimulation;
(iii)
may not be able to independently maintain ventilatory function;
(iv)
may require assistance in maintaining a patent airway; and
(v)
usually maintains cardiovascular function.
(c)
"General anesthesia" means a drug-induced loss of consciousness where an
individual:
(i)
cannot be aroused, even by painful stimulation;
(ii)
is often unable to maintain ventilatory function;
(iii)
often requires assistance in maintaining a patent airway and positive pressure
ventilation may be required because of depressed spontaneous ventilation or
drug-induced depression of neuromuscular function; and
(iv)
may not be able to maintain cardiovascular function.
(d)
"General anesthetic" means a drug identified as a general anesthetic by the federal
Food and Drug Administration.
(e)
"Minimal sedation" means a drug-induced state where an individual:
(i)
responds normally to verbal commands;
(ii)
may have reduced cognitive function and physical coordination; and
(iii)
maintains airway reflexes, ventilatory function, and cardiovascular function.
(f)
"Moderate sedation" means a drug-induced depression of consciousness where an
individual:
(i)
responds purposefully to verbal commands, either alone or accompanied by light
tactile stimulation;
(ii)
maintains a patent airway;
(iii)
maintains spontaneous ventilation; and
(iv)
usually maintains cardiovascular function.
(2)
An anesthesia or sedation provider may not cause a patient to undergo moderate
sedation, deep sedation, or general anesthesia, in an outpatient setting that is not an
emergency department without:
(a)
first providing the following information in writing and verbally:
(i)
the level of anesthesia or sedation being administered;
(ii)
the identity, type of license, and training of the provider who is performing the
procedure for which the anesthesia or sedation will be administered;
(iii)
the identity, type of license, and a description of the training described in
Subsection
(4)
of the anesthesia or sedation provider who will be administering
the anesthesia or sedation; and
(iv)
a description of the monitoring that will occur during the sedation or anesthesia,
including descriptions related to the monitoring of the patient's oxygenation,
ventilation, and circulation;
(b)
after complying with Subsection
(2)(a)
, obtaining the patient's written and verbal
consent regarding the procedure;
(c)
having the training described in Subsection
(4)
;
(d)
directly supervising the patient;
(e)
if the patient is a minor, having a current pediatric advanced life support certification;
(f)
if the patient is an adult, having a current advanced cardiovascular life support
certification
or perioperative resuscitation and life support certification
;
(g)
(i)
having at least one individual in the procedure room who has advanced airway
training and the knowledge and skills to recognize and treat airway complications
and rescue a patient who entered a deeper than intended level of sedation; or
(ii)
if the anesthesia or sedation provider is administering ketamine for a
non-anesthetic purpose, having at least one individual on site and available who
has advanced airway training and the knowledge and skills to recognize and treat
airway complications and rescue a patient who entered a deeper than intended
level of sedation;
(h)
having access during the procedure to an advanced cardiac life support crash cart in
the office with equipment that:
(i)
is regularly maintained according to guidelines established by the American Heart
Association; and
(ii)
includes:
(A)
a defibrillator;
(B)
administrable oxygen;
(C)
age appropriate airway equipment;
(D)
positive pressure ventilation equipment; and
(E)
unexpired emergency and reversal medications including naloxone for opioid
sedation and flumazenil for benzodiazepine sedation;
(i)
using monitors that meet basic standards set by the American Society of
Anesthesiologists and continually monitoring ventilatory function with capnography
unless precluded or invalidated by the nature of the patient, procedure, or equipment;
and
(j)
entering appropriate information into the patient's chart or medical record, which
shall include:
(i)
the patient's name;
(ii)
the route and site the anesthesia or sedation was administered;
(iii)
the time of anesthesia or sedation administration and the dosage;
(iv)
the patient's periodic vital signs during the procedure; and
(v)
the name of the individual who monitored the patient's oxygenation and
ventilation.
(3)
(a)
An anesthesia or sedation provider who violates Subsection
(2)
or
any
a
rule
created by the division
the division makes in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
to implement this section commits
unprofessional conduct.
(b)
An individual commits unprofessional conduct if the individual administers
anesthesia or sedation for which the individual is not appropriately trained.
(4)
(a)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
the division shall make rules to create training and safety standards regarding the
inducing of general anesthesia, deep sedation, and moderate sedation:
(i)
for each license described in Subsection
(1)(a)
;
(ii)
that are based on standards created by nationally recognized organizations, such
as the American Society of Anesthesiologists, the American Dental Association,
or the American Association of Oral and Maxillofacial Surgeons; and
(iii)
that include safety standards for general anesthetic use that are consistent with
federal Food and Drug Administration guidance.
(b)
For making rules described in Subsection
(4)(a)
, the division shall consult with the
applicable licensing boards and a board described in Sections
58-67-201
,
58-68-201
,
and
58-69-201
.
(5)
The requirements of Subsection
(2)
do not apply to the practice of inducing minimal
sedation.
(6)
An employer may not take an adverse employment action against an employee if:
(a)
the employee notifies the division of:
(i)
a violation of this section; or
(ii)
a violation of
any rule created by the division to implement this section
a rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement this section
; and
(b)
the employment action is based on the individual notifying the division of the
violation.
Section 6. Section
58-1-602
is amended to read:
58-1-602
Effective
05/06/26
. Auricular detoxification certification.
(1)
As used in this section:
(a)
"Health care provider" means an individual who is licensed under:
(i)
Subsection
58-31b-301(2)(a),
(b)
,
(d)
, or
(e)
58-31b-301(2)(a)
, (2)(b), (2)(c),
(2)(d), (2)(f), or (2)(g)
;
(ii)
Chapter 60, Mental Health Professional Practice Act
;
(iii)
Chapter 61, Part 3, Licensing
; or
(iv)
Chapter 70a, Utah Physician Assistant Act
.
(b)
(i)
"NADA protocol" means:
(A)
a protocol developed by the National Acupuncture Detoxification
Association; and
(B)
an adjunctive therapy using one to five invariant ear acupuncture or
acupressure points for the adjunctive treatment and prevention of substance use
disorders or to provide support for individuals who have experienced physical
or emotional trauma.
(ii)
"NADA protocol" does not include the stimulation of other auricular or distal
acupuncture points.
(2)
A health care provider may perform the NADA protocol if the health care provider:
(a)
obtains a certification from the National Acupuncture Detoxification Association to
perform the NADA protocol; and
(b)
provides the division proof of obtaining the certification.
(3)
A health care provider may perform a protocol substantially similar to the NADA
protocol if:
(a)
the division has determined the protocol is substantially similar to the NADA
protocol; and
(b)
the individual has met each requirement the division has created to perform the
protocol.
(4)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
division may make rules for implementing Subsection
(3)
.
Section 7. Section
58-1-603
is amended to read:
58-1-603
Effective
05/06/26
. Hormonal transgender treatment on minors --
Requirements.
(1)
As used in this section:
(a)
"Approved organization" means an organization with expertise regarding transgender
health care for minors that is approved by the division.
(b)
"Biological sex at birth" means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ
anatomy, chromosomal makeup, and endogenous hormone profiles.
(c)
"Disorder of sexual development" means a sexual development disorder where an
individual:
(i)
is born with external biological sex characteristics that are irresolvably ambiguous;
(ii)
is born with 46, XX chromosomes with virilization;
(iii)
is born with 46, XY chromosomes with undervirilization;
(iv)
has both ovarian and testicular tissue; or
(v)
has been diagnosed by a physician, based on genetic or biochemical testing, with
abnormal:
(A)
sex chromosome structure;
(B)
sex steroid hormone production; or
(C)
sex steroid hormone action for a male or female.
(d)
"Health care provider" means:
(i)
a physician;
(ii)
a physician assistant licensed under
Chapter 70a, Utah Physician Assistant Act
; or
(iii)
an advanced practice registered nurse licensed under
Subsection
58-31b-301(2)(e)
Subsections
58-31b-301(2)(a)
through
(c)
.
(e)
(i)
"Hormonal transgender treatment" means administering, prescribing, or
supplying for effectuating or facilitating an individual's attempted sex change:
(A)
to an individual whose biological sex at birth is female, a dose of testosterone
or other androgens at levels above those normally found in an individual whose
biological sex at birth is female;
(B)
to an individual whose biological sex at birth is male, a dose of estrogen or a
synthetic compound with estrogenic activity or effect at levels above those
normally found in an individual whose biological sex at birth is male; or
(C)
a puberty inhibition drug.
(ii)
"Hormonal transgender treatment" does not include administering, prescribing, or
supplying a substance described in Subsection
(1)(e)(i)
to an individual if the
treatment is medically necessary as a treatment for:
(A)
precocious puberty;
(B)
endometriosis;
(C)
a menstrual, ovarian, or uterine disorder;
(D)
a sex-hormone stimulated cancer; or
(E)
a disorder of sexual development.
(f)
"Mental health professional" means any of the following:
(i)
a physician who is board certified for a psychiatry specialization recognized by the
American Board of Medical Specialists or the American Osteopathic Association's
Bureau of Osteopathic Specialists;
(ii)
a psychologist licensed under
Chapter 61, Psychologist Licensing Act
;
(iii)
a clinical social worker licensed under
Chapter 60, Part 2, Social Worker
Licensing Act
;
(iv)
a marriage and family therapist licensed under
Chapter 60, Part 3, Marriage and
Family Therapist Licensing Act
; or
(v)
a clinical mental health counselor licensed under
Chapter 60, Part 4, Clinical
Mental Health Counselor Licensing Act
.
(g)
"Minor" means an individual who is less than 18 years old.
(h)
"Physician" means an individual licensed under:
(i)
Chapter 67, Utah Medical Practice Act
; or
(ii)
Chapter 68, Utah Osteopathic Medical Practice Act
.
(i)
"Puberty inhibition drug" means any of the following alone or in combination with
aromatase inhibitors:
(i)
gonadotropin-releasing hormone agonists; or
(ii)
androgen receptor inhibitors.
(j)
"Transgender treatment certification" means a certification described in Subsection
(2)
.
(2)
(a)
The division shall create a transgender treatment certification on or before July 1,
2023.
(b)
The division may issue the transgender treatment certification to an individual if the
individual:
(i)
is a health care provider or a mental health professional; and
(ii)
has completed at least 40 hours of education related to transgender health care for
minors from an approved organization.
(c)
The division may renew a transgender treatment certification:
(i)
at the time an individual renews the individual's license; and
(ii)
if the individual has completed at least 20 hours of continuing education related
to transgender health care for minors from an approved organization during the
individual's continuing education cycle.
(d)
Beginning January 1, 2024, providing a hormonal transgender treatment to a minor
without a transgender treatment certification is unprofessional conduct.
(3)
(a)
A health care provider may provide a hormonal transgender treatment to a minor
only if the health care provider has been treating the minor for gender dysphoria for
at least six months.
(b)
Beginning July 1, 2023, before providing a hormonal transgender treatment to a
minor described in Subsection
(3)(a)
, a health care provider shall:
(i)
determine if the minor has other physical or mental health conditions, identify and
document any condition, and consider whether treating those conditions before
treating the gender dysphoria would provide the minor the best long-term outcome;
(ii)
consider whether an alternative medical treatment or behavioral intervention to
treat the minor's gender dysphoria would provide the minor the best long-term
outcome;
(iii)
document in the medical record that:
(A)
the health care provider has complied with Subsections
(3)(b)(i)
and
(ii)
; and
(B)
providing the hormonal transgender treatment will likely result in the best
long-term outcome for the minor;
(iv)
obtain written consent from:
(A)
the minor; and
(B)
the minor's parent or guardian unless the minor is emancipated;
(v)
discuss with the minor:
(A)
the risks of the hormonal transgender treatment;
(B)
the minor's short-term and long-term expectations regarding the effect that the
hormonal transgender treatment will have on the minor; and
(C)
the likelihood that the hormonal transgender treatment will meet the
short-term and long-term expectations described in Subsection
(3)(b)(v)(B)
;
(vi)
unless the minor is emancipated, discuss with the minor's parent or guardian:
(A)
the risks of the hormonal transgender treatment;
(B)
the minor's short-term and long-term expectations regarding the effect that the
hormonal transgender treatment will have on the minor;
(C)
the parent or guardian's short-term and long-term expectations regarding the
effect that the hormonal transgender treatment will have on the minor; and
(D)
the likelihood that the hormonal transgender treatment will meet the
short-term and long-term expectations described in Subsections
(3)(b)(vi)(B)
and
(C)
;
(vii)
document in the medical record that the health care provider has provided the
information described in Subsections
(3)(b)(viii)
and
(ix)
;
(viii)
provide the minor the following information if providing the minor a puberty
inhibition drug:
(A)
puberty inhibition drugs are not approved by the FDA for the treatment of
gender dysphoria;
(B)
possible adverse outcomes of puberty blockers are known to include
diminished bone density, pseudotumor cerebri and long term adult sexual
dysfunction;
(C)
research on the long-term risks to children of prolonged treatment with
puberty blockers for the treatment of gender dysphoria has not yet occurred;
and
(D)
the full effects of puberty blockers on brain development and cognition are
unknown;
(ix)
provide the minor the following information if providing a cross-sex hormone as
described in Subsection
(1)(e)(i)(A)
or
(B)
:
(A)
the use of cross-sex hormones in males is associated with risks that include
blood clots, gallstones, coronary artery disease, heart attacks, tumors of the
pituitary gland, strokes, elevated levels of triglycerides in the blood, breast
cancer, and irreversible infertility; and
(B)
the use of cross-sex hormones in females is associated with risks of
erythrocytosis, severe liver dysfunction, coronary artery disease, hypertension,
and increased risk of breast and uterine cancers; and
(x)
upon the completion of any relevant information privacy release, obtain a mental
health evaluation of the minor as described in Subsection
(4)
.
(4)
The mental health evaluation shall:
(a)
be performed by a mental health professional who:
(i)
beginning January 1, 2024, has a current transgender treatment certification; and
(ii)
is not the health care provider that is recommending or providing the hormonal
transgender treatment;
(b)
contain a determination regarding whether the minor suffers from gender dysphoria
in accordance with the fifth edition of the Diagnostic and Statistical Manual of
Mental Disorders;
(c)
confirm that the minor and the mental health professional have had at least three
therapy sessions; and
(d)
document all of the minor's mental health diagnoses and any significant life events
that may be contributing to the diagnoses.
(5)
A violation of Subsection
(3)
is unprofessional conduct.
Section 8. Section
58-24b-102
is amended to read:
58-24b-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Animal physical therapy" means practicing physical therapy or physiotherapy on an
animal.
(2)
(1)
"Board" means the Physical Therapies Licensing Board, created in Section
58-24b-201
.
(3)
(2)
"Consultation by telecommunication"
means the provision of expert or
professional advice by a physical therapist who is licensed outside of Utah to a licensed
physical therapist or a health care provider by telecommunication or electronic
communication
means a health care provider, as that term is defined in Section
58-1-501.8
, receiving professional advice through electronic communication from a
physical therapist who is licensed outside of the state
.
(3)
"Dry needling" means a skilled intervention using a filiform needle to penetrate the skin
and underlying tissue for the evaluation, management, or prevention of a disability, a
movement impairment, a neuromusculoskeletal condition, or pain.
(4)
"General supervision" means supervision and oversight of an individual by a licensed
physical therapist when the licensed physical therapist is immediately available in
person, by telephone, or by electronic communication to assist the individual.
(5)
"Licensed physical therapist" means an individual licensed under this chapter to engage
in the practice of physical therapy.
(6)
"Licensed physical therapist assistant" means an individual licensed under this chapter
to engage in the practice of physical therapy, subject to the provisions of Subsection
58-24b-401(2)(a)
.
(7)
"Licensing examination" means a nationally recognized physical therapy examination
that
is approved by the division, in consultation with the board
the division approves by
rule the division makes in consultation with the board and with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
.
(8)
"On-site supervision" means supervision and oversight of an individual by a licensed
physical therapist or a licensed physical therapist assistant when the licensed physical
therapist or licensed physical therapist assistant is:
(a)
continuously present at the facility where the individual is providing services;
(b)
immediately available to assist the individual; and
(c)
regularly involved in the services being provided by the individual.
(9)
"Physical impairment" means:
(a)
a mechanical impairment;
(b)
a physiological impairment;
(c)
a developmental impairment;
(d)
a functional limitation;
(e)
a disability;
(f)
a mobility impairment; or
(g)
a bodily malfunction.
(a)
a bodily malfunction;
(b)
a developmental impairment;
(c)
a disability;
(d)
a functional limitation;
(e)
a mechanical impairment;
(f)
a mobility impairment; or
(g)
a physiological impairment.
(10)
(a)
"Physical therapy"
or "physiotherapy" means:
means examining, evaluating,
and testing an individual who has a physical impairment or injury.
(i)
examining, evaluating, and testing an individual who has a physical impairment
or injury
(b)
"Physical therapy" includes:
(i)
ordering imaging in accordance with Section
58-54-303
;
(ii)
identifying or labeling a physical impairment or injury;
(iii)
formulating a therapeutic intervention plan for the treatment of a physical
impairment, injury, or pain;
(iv)
assessing the ongoing effects of therapeutic intervention for the treatment of a
physical impairment or injury;
(v)
treating or alleviating a physical impairment by designing, modifying, or
implementing a therapeutic intervention;
(vi)
reducing the risk of an injury or physical impairment;
(vii)
providing instruction on the use of physical measures, activities, or devices for
preventative and therapeutic purposes;
(viii)
promoting and maintaining health and fitness;
(ix)
the administration of
administering
a prescription drug
pursuant to
in
accordance with
Section
58-24b-403
;
(x)
applying dry needling to enhance a client's physical performance if the physical
therapy practitioner has the necessary training the division requires by rule the
division makes in consultation with the board and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(x)
(xi)
subject to Subsection
58-28-307(12)(b)
, engaging in the functions described
in Subsections
(10)(a)(i)
through
(ix)
(10)(b)(i) through (ix)
in relation to an
animal, in accordance with the requirements of Section
58-24b-405
;
or
(xi)
(xii)
engaging in administration, consultation, education, and research relating
to
administering, consulting, educating, and researching
the practices described in
this Subsection (10)(a); or
Subsection
(10)
.
(xii)
applying dry needling to enhance an individual's physical performance if the
physical therapy practitioner has received the necessary training as determined by
division rule in collaboration with the board.
(b)
(c)
"Physical therapy"
or "physiotherapy"
does not include:
(i)
diagnosing disease;
(ii)
performing surgery;
(iii)
performing acupuncture;
(iv)
taking x-rays; or
(v)
prescribing or dispensing a drug, as defined in Section
58-37-2
.
(i)
diagnosing a disease;
(ii)
dispensing or prescribing a drug as defined in Section
58-37-2
;
(iii)
performing acupuncture;
(iv)
performing surgery; or
(v)
taking x-rays.
(11)
"Physical therapy aide" means an individual who:
(a)
is trained, on-the-job, by
receives on-the-job training from
a licensed physical
therapist; and
(b)
provides routine assistance to a licensed physical therapist or licensed physical
therapist assistant, while the licensed physical therapist or licensed physical therapist
assistant practices physical therapy
, within the scope of the licensed physical
therapist's or licensed physical therapist assistant's license
.
(12)
"Recognized accreditation agency" means an accreditation agency that
:
the division
approves in consultation with the board.
(a)
grants accreditation, nationally, in the United States of America; and
(b)
is approved by the division, in consultation with the board.
(13)
(a)
"Testing" means a standard method or technique used to gather data regarding a
patient that is generally and nationally accepted by physical therapists for the practice
of physical therapy.
(b)
"Testing" includes measurement or evaluation of:
(i)
muscle strength, force, endurance, or tone;
(ii)
cardiovascular fitness;
(iii)
physical work capacity;
(iv)
joint motion, mobility, or stability;
(v)
reflexes or autonomic reactions;
(vi)
movement skill or accuracy;
(vii)
sensation;
(viii)
perception;
(ix)
peripheral nerve integrity;
(x)
locomotor skills, stability, and endurance;
(xi)
the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
(xii)
posture;
(xiii)
body mechanics;
(xiv)
limb length, circumference, and volume;
(xv)
thoracic excursion and breathing patterns;
(xvi)
activities of daily living related to physical movement and mobility;
(xvii)
functioning
physical movement and mobility functions
in the physical
environment at home or work
, as it relates to physical movement and mobility
;
and
(xviii)
neural muscular responses.
(14)
(a)
"Trigger point dry needling" means the stimulation of a trigger point using a
dry needle to treat neuromuscular pain and functional movement deficits.
(b)
"Trigger point dry needling" does not include the stimulation of auricular or distal
points.
(15)
(14)
"Therapeutic intervention" includes:
(a)
therapeutic exercise, with or without the use of a device;
(b)
functional training in
physical movement and mobility training for functional
self-care
, as it relates to physical movement and mobility
;
(c)
physical movement and mobility for
community or work integration
, as it relates to
physical movement and mobility
;
(d)
manual therapy, including:
(i)
soft tissue mobilization;
(ii)
therapeutic massage; or
(iii)
joint mobilization, as
defined by the division, by rule
the division defines by
rule the division makes in consultation with the board and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(e)
prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic,
protective, or supportive device
prescription, application, fabrication, or training for
an assistive technology, an adaptive device, an orthotic device, or a prosthetic device
;
(f)
prescription of durable medical equipment to a patient with or without requesting a
prescription from a licensed physician;
(f)
(g)
airway clearance techniques, including postural drainage;
(g)
(h)
integumentary protection and repair techniques;
(h)
(i)
wound debridement, cleansing, and dressing;
(i)
(j)
the application of a physical agent, including:
(i)
light;
(ii)
heat;
(iii)
cold;
(iv)
water;
(v)
air;
(vi)
sound;
(vii)
compression;
(viii)
electricity; and
(ix)
electromagnetic radiation;
(j)
(k)
mechanical or electrotherapeutic modalities;
(k)
(l)
positioning;
(l)
(m)
instructing or training a patient in locomotion or other functional activities, with
or without an assistive device;
(m)
(n)
manual or mechanical traction;
(n)
(o)
correction of posture, body mechanics, or gait; and
(o)
(p)
trigger point dry needling, under the conditions described in Section
58-24b-505
.
Section 9. Section
58-24b-402
is amended to read:
58-24b-402
Effective
05/06/26
. Patient care and management.
(1)
In practicing physical therapy, a
A
licensed physical therapist shall:
(a)
manage
all aspects of
the physical therapy of a patient under the licensed physical
therapist's care;
(b)
perform the initial evaluation and documentation for each patient;
(c)
perform periodic reevaluation and documentation for each patient;
(d)
perform
a
physical therapy
interventions
intervention
that
require
requires
immediate and continuous
examination and
evaluation throughout the intervention;
(e)
perform
on a patient
all therapeutic intervention
on a patient
that is outside of the
standard
scope of practice of a licensed physical therapist assistant or a physical
therapy aide;
(f)
determine the therapeutic intervention
to be performed by
a licensed physical
therapist assistant
under the on-site supervision or general supervision of the
licensed physical therapist
performs while under the licensed physical therapist's
on-site supervision or while the licensed physical therapist is immediately available
in person, by telephone, or by electronic communication
to ensure that the
therapeutic intervention is safe, effective, efficient, and within the scope of practice
of the licensed physical therapist assistant;
(g)
conduct the discharge of each patient and document
for each patient,
each patient's
response to therapeutic intervention
at the time of discharge
, the patient's response to
therapeutic intervention
; and
(h)
provide accurate documentation of the billing and services provided.
(2)
A
licensed
physical therapist assistant or a physical therapy aide may not:
(a)
perform a physical therapy evaluation or assessment;
(b)
identify or label a physical impairment or injury;
(c)
design a plan of care for a patient;
(d)
perform the joint mobilization component of manual therapy; or
(e)
(d)
perform the sharp selective debridement component of wound management
; or
(e)
perform high-velocity thrust joint mobilization
.
(3)
Subsection
(2)(d)
does not apply to:
(a)
simple joint distraction techniques or stretching; or
(b)
a stretch or mobilization that can be given as part of a home exercise program.
(3)
A licensed physical therapy aide may not perform or assist in any joint mobilization
component of manual therapy except:
(a)
a simple joint distraction technique or stretching; or
(b)
a stretch or a mobilization that is a part of a home exercise program.
Section 10. Section
58-24b-403
is amended to read:
58-24b-403
Effective
05/06/26
. Administration of a prescription drug --
Ordering laboratory testing -- Reporting laboratory results -- Referral.
(1)
A licensed physical therapist may purchase, store, and administer topical and aerosol
medications that require a prescription
only
as provided in this section.
(2)
A licensed physical therapist may purchase, store, and administer:
(a)
topically applied medicinal agents, including steroids and analgesics,
a topical
medication
for wound care and for musculoskeletal treatment, using iontophoresis or
phonorphoresis; and
(b)
aerosols
an aerosol medication
for pulmonary hygiene in an institutional setting, if a
licensed respiratory therapist is not available
in, or
within a 10 mile radius of
,
the
institution.
(3)
A licensed physical therapist
may only
shall
purchase, store, or administer a
medication described in this section
pursuant to
in accordance with
a written
prescription issued by a practitioner who is licensed to prescribe that medication.
(4)
This section does not authorize a licensed physical therapist to dispense a prescription
drug.
Section 11. Section
58-31b-102
is repealed and reenacted to read:
58-31b-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Administrative penalty" means a monetary fine or citation that the division imposes:
(a)
for an act or an omission that the division determines is unprofessional or unlawful
conduct;
(b)
in accordance with a fine schedule the division makes by rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(c)
as the result of an adjudicative proceeding the division conducts in accordance with
Title 63G, Chapter 4, Administrative Procedures Act.
(2)
"Applicant" means an individual who applies for licensure or certification under this
chapter by submitting a completed application for licensure or certification and the
required fees to the department.
(3)
"Approved education program" means a nursing education program that meets the
requirements of Section
58-31b-601
.
(4)
"Board" means the Board of Nursing and Certified Nurse Midwives created in Section
58-31b-201
.
(5)
"Diagnosis" means the identification of and discrimination between physical and
psychosocial signs and symptoms essential to the effective execution and management
of health care.
(6)
"Examinee" means an individual who applies to take or does take any examination
required under this chapter for licensure.
(7)
(a)
"License" means a license the division issues in accordance with this chapter.
(b)
"License" includes a certification until the earlier of:
(i)
the renewal; or
(ii)
May 6, 2028.
(8)
(a)
"Licensee" means an individual who is licensed under this chapter.
(b)
"Licensee" includes an individual who is certified until the earlier of:
(i)
renewal; or
(ii)
May 6, 2028.
(9)
"Long-term care facility" means the following facilities the Department of Health and
Human Services licenses under Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection:
(a)
a nursing care facility;
(b)
a small health care facility;
(c)
an intermediate care facility for people with an intellectual disability;
(d)
an assisted living facility Type I or II; or
(e)
a designated swing bed unit in a general hospital.
(10)
"Practice of nurse anesthesia" means:
(a)
in accordance with Section
58-31b-803
, prescribing or administering a prescription
drug including a Schedule II-V controlled substance;
(b)
pre-anesthesia preparation and evaluation, including:
(i)
performing a pre-anesthetic assessment of the patient; and
(ii)
ordering and evaluating appropriate lab and other studies to determine the health
of the patient;
(c)
anesthesia induction, maintenance, and emergence, including:
(i)
selecting and initiating the planned anesthetic technique;
(ii)
selecting and administering anesthetics and adjunct drugs and fluids; and
(iii)
administering general, regional, and local anesthesia;
(d)
post anesthesia follow-up care, including evaluating the patient's response to
anesthesia and implementing corrective actions; and
(e)
other related services related to an activity described in Subsections
(10)(a)
through
(10)(d)
, including:
(i)
providing emergency airway management;
(ii)
providing advanced cardiac life support; and
(iii)
establishing peripheral, central, and arterial invasive lines.
(11)
"Practice of nursing" means assisting a patient to maintain or attain optimal health,
implementing a strategy of care to accomplish defined goals and evaluating responses to
care and treatment, and requires substantial specialized or general knowledge, judgment,
and skill based upon principles of the biological, physical, behavioral, and social
sciences.
(12)
"Routine medication" means an established medication that:
(a)
is administered to a medically stable patient as determined by a licensed health care
provider or in consultation with a licensed health care provider; and
(b)
is administered by the following routes:
(i)
buccal;
(ii)
ear;
(iii)
eye;
(iv)
inhalation:
(A)
of a premeasured medication delivered by aerosol or nebulizer; or
(B)
of a medication delivered by a metered hand-held inhaler;
(v)
nasal;
(vi)
oral;
(vii)
rectal;
(viii)
sublingual;
(ix)
topical, including a skin ointment or a transdermal patch; or
(x)
vaginal.
(13)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-31b-501
.
(14)
"Unlicensed assistive personnel" means an unlicensed individual, regardless of title,
who is delegated a task by a licensed registered nurse as the division permits by rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and the standards of the profession.
(15)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-31b-502
and as the division may define by rule the division makes in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 12. Section
58-31b-103
is amended to read:
58-31b-103
Effective
05/06/26
. Nurse Education and Enforcement Account.
(1)
There is created a restricted account within the General Fund known as the "Nurse
Education and Enforcement Account."
(2)
The restricted account shall consist of:
(a)
administrative penalties imposed under Section
58-31b-503
; and
(b)
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 or potential licensees under this chapter;
(b)
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;
(c)
survey nursing education programs throughout the state;
(d)
education and training of board members; and
(e)
establish and
review
and approve
nursing education programs and medication aide
certified training programs
approved education programs
.
Section 13. Section
58-31b-301
is amended to read:
58-31b-301
Effective
05/06/26
. License required -- Classifications.
(1)
A
Except as provided in Sections
58-1-307
and
58-31b-308
, a
license is required to
engage in the practice of nursing
, except as specifically provided in Sections
58-1-307
and
58-31b-308
.
(2)
The division shall issue to an individual who qualifies under this chapter a license or
certification in the classification of:
(a)
licensed practical nurse;
(b)
registered nurse apprentice;
(c)
registered nurse;
(d)
advanced practice registered nurse intern;
(e)
advanced practice registered nurse;
(f)
advanced practice registered nurse - CRNA without prescriptive practice; and
(g)
medication aide certified.
(a)
advanced practice registered nurse;
(b)
advanced practice registered nurse - certified registered nurse anesthetist with
prescriptive authority;
(c)
advanced practice registered nurse - without prescriptive practice license;
(d)
advanced practice registered nurse intern;
(e)
medication aide certified;
(f)
practical nurse;
(g)
registered nurse; or
(h)
registered nurse apprentice.
(3)
(a)
(i)
An individual
The division shall issue an advanced practice registered
nurse - without prescriptive practice license to an individual
holding an advanced
practice registered nurse license as of July 1, 1998,
and
who cannot document the
successful completion of advanced course work in patient assessment, diagnosis
and treatment, and pharmacotherapeutics
, may not prescribe and shall be issued
an "APRN - without prescriptive practice" license
.
(ii)
The division shall issue an advanced practice registered nurse - certified
registered nurse anesthetist without prescriptive practice license to an individual
holding an advanced practice registered nurse - certified registered nurse
anesthetist without prescriptive practice license as of July 1, 1998, and who cannot
document the successful completion of advanced course work in patient
assessment, diagnosis and treatment, and pharmacotherapeutics.
(b)
(i)
An individual who has an advanced practice registered nurse - without
prescriptive practice license may not prescribe medication.
(ii)
An individual who has an advanced practice registered nurse - CRNA without
prescriptive practice license may not prescribe medication.
(4)
The division shall grant an advanced practice registered nurse license to
any
a
licensed
advanced practice registered nurse currently holding prescriptive authority under
any
a
predecessor act.
(5)
An individual holding a certified registered nurse anesthetist license as of July 1, 2007,
shall be issued an "APRN - CRNA - without prescriptive practice" license.
Section 14. Section
58-31b-302
is repealed and reenacted to read:
58-31b-302
Effective
05/06/26
. Qualifications for licensure -- Scope of practice
-- Criminal background checks.
(1)
(a)
Each applicant for licensure under this chapter, except an applicant under
Subsection
58-31b-301(2)(e)
, shall:
(i)
consent to, and complete, a criminal background check, described in Section
58-1-301.5
;
(ii)
meet the standards that the division makes by rule in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, related to the criminal
background check described in Section
58-1-301.5
; and
(iii)
disclose the criminal history the division requests on a form the division
approves.
(b)
If an individual has been charged with a violent felony, as defined in Subsection
76-3-203.5(1)(c)
, and, as a result, the individual has been convicted, entered a plea of
guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in
abeyance pending the successful completion of probation, the division shall act upon
the license as required under Section
58-1-401
.
(c)
If an individual has been charged with a felony other than a violent felony, as defined
in Subsection
76-3-203.5(1)(c)
, and, as a result, the individual has been convicted,
entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo
contendere held in abeyance pending the successful completion of probation, the
division shall determine whether the felony disqualifies the individual for licensure
under this chapter and act upon the license, as required, in accordance with Section
58-1-401
.
(2)
(a)
An applicant for licensure as an advanced practice registered nurse shall:
(i)
submit to the division an application on a form the division approves;
(ii)
pay to the division a fee determined under Section
63J-1-504
;
(iii)
have the physical and mental health to safely perform the activities described in
Subsection
(2)(c)
;
(iv)
(A)
receive a graduate degree from an approved education program in
advanced practice registered nursing or a related area of specialized knowledge
as the division determines appropriate by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(B)
have completed a nurse anesthesia program in accordance with Subsection
(2)(a)(v)
;
(v)
have completed:
(A)
course work in patient assessment, diagnosis and treatment, and
pharmacotherapeutics from an approved education program; or
(B)
a nurse anesthesia program that is approved by the Council on Accreditation
of Nurse Anesthesia Educational Programs or another accrediting body the
division approves by rule made in collaboration with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(vi)
hold a current registered nurse license in good standing issued by the state or be
qualified as a registered nurse;
(vii)
to practice within the psychiatric mental health nursing specialty, demonstrate,
as the division requires by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that the applicant is in the
process of completing the applicant's clinical practice requirements in psychiatric
mental health nursing, including psychotherapy;
(viii)
have passed the examinations the division requires by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(ix)
meet with the board, if the board requests, to determine the applicant's
qualifications for licensure.
(b)
A licensed advanced practice registered nurse may:
(i)
maintain and promote health and prevention of disease;
(ii)
diagnose, treat, correct, consult, and provide a referral;
(iii)
prescribe or administer prescription drugs or devices, including:
(A)
local anesthesia; and
(B)
Schedule II-V controlled substances in accordance with Section
58-31b-803
;
(iv)
if a licensed advanced practice registered nurse - certified registered nurse
anesthetist, engage in the practice of nurse anesthesia;
(v)
engage in other activities that are within the practice of advanced practice
registered nursing as the division defines by rule the division makes in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(A)
within the generally recognized scope and standards of advanced practice
registered nursing; and
(B)
consistent with professionally recognized preparation and education standards
of an advanced practice registered nurse.
(c)
Notwithstanding Sections
58-67-805
and
58-68-805
, authorization to treat under this
section includes performing minor surgical procedures.
(d)
The division may only define an activity as within the practice of advanced practice
registered nursing if:
(i)
the activity is:
(A)
within the generally recognized scope of practice for a licensed advanced
practice registered nurse; and
(B)
consistent with professionally recognized standards; or
(ii)
the inclusion of the activity is consistent with a recommendation from the Office
of Professional Licensure Review.
(3)
(a)
An applicant for certification as a medication aide certified shall:
(i)
submit an application to the division on a form the division approves;
(ii)
pay a fee to the division as determined under Section
63J-1-504
;
(iii)
have a high school diploma or the equivalent;
(iv)
have a current certification as a nurse aide, in good standing, from the
Department of Health and Human Services;
(v)
have a minimum of 2,000 hours of experience within the two years before the day
on which the applicant submits the application, working as a certified nurse aide
in a long-term care facility or another health care facility that the division
designates by rule the division makes in collaboration with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(vi)
provide letters of recommendation from a health care facility administrator and a
registered nurse familiar with the applicant's work practices as a certified nurse
aide;
(vii)
have the physical and mental health to safely perform the activities described in
Subsection
(3)(b)
;
(viii)
have completed an approved education program for a medication aide certified
consisting of at least 60 hours of classroom training and 40 hours of practical
training in administering a routine medication to a patient or a resident of a
long-term care facility or an equivalent that the division determines by rule made
in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(ix)
have passed the examinations the division requires by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(x)
meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(b)
While under the supervision of a licensed registered nurse, a medication aide
certified may:
(i)
provide routine patient care that requires minimal or limited specialized or general
knowledge, judgment, and skill, to a patient who:
(A)
is ill, injured, infirm, or is physically, mentally, developmentally, or
intellectually disabled; and
(B)
is in a regulated long-term care facility;
(ii)
administer a routine medication to a patient in accordance with a formulary and
protocol the division defines by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
engage in other activities that are within the practice of a medication aide
certified as the division defines by rule the division makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(A)
within the generally recognized scope and standards of a medication aide
certified; and
(B)
consistent with professionally recognized preparation and education standards
of a medication aide certified.
(c)
The division may only define an activity as within the practice of a medication aide
certified if:
(i)
the activity is:
(A)
within the generally recognized scope of practice for a medication aide
certified; and
(B)
consistent with professionally recognized standards; or
(ii)
the inclusion of the activity is consistent with a recommendation from the Office
of Professional Licensure Review.
(d)
A medication aide certified may not assist a resident of a long-term care facility to
self-administer a medication that the Department of Health and Human Services
regulates by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(4)
(a)
An applicant for licensure as a licensed practical nurse shall:
(i)
submit to the division an application in a form the division approves;
(ii)
pay to the division a fee determined under Section
63J-1-504
;
(iii)
have a high school diploma or the equivalent;
(iv)
have the physical and mental health to safely perform the activities described in
Subsection
(4)(b)
;
(v)
have completed an approved education program for practical nursing or an
equivalent that the board approves;
(vi)
have passed the examinations the division requires by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(vii)
meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(b)
A licensed practical nurse may, while under the direction of a licensed registered
nurse, licensed physician, or other health care professional the division specifies by
rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i)
contribute to the assessment of the health status of a patient;
(ii)
participate in the development and modification of the strategy of care;
(iii)
implement appropriate aspects of the strategy of care;
(iv)
maintain safe and effective nursing care rendered to a patient directly or
indirectly;
(v)
participate in the evaluation of responses to interventions;
(vi)
perform other activities that are within the generally recognized scope of practice
of a licensed practical nurse as the division defines by rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(vii)
engage in practice of practical nursing, as the division defines by rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that is:
(A)
within the generally recognized scope and standards of practical nursing; and
(B)
consistent with professionally recognized preparation and education standards
of a practical nurse.
(c)
The division may only define an activity as within the practice of practical nursing if:
(i)
the activity is:
(A)
within the generally recognized scope of practice for a licensed practical
nurse; and
(B)
consistent with professionally recognized standards; or
(ii)
the inclusion of the activity is consistent with a recommendation from the Office
of Professional Licensure Review.
(5)
(a)
An applicant for licensure as a registered nurse shall:
(i)
submit to the division an application form the division approves;
(ii)
pay to the division a fee determined under Section
63J-1-504
;
(iii)
have a high school diploma or the equivalent;
(iv)
have the physical and mental health to safely perform the activities described in
Subsection
(5)(b)
;
(v)
complete an approved education program for registered nursing that the division
approves;
(vi)
have passed the examinations the division requires by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(vii)
meet with the board, if the board requests, to determine the applicant's
qualifications for licensure.
(b)
A licensed registered nurse may:
(i)
assess the health status of a patient;
(ii)
identify health care needs;
(iii)
establish goals to meet identified health care needs;
(iv)
plan a strategy of care;
(v)
prescribe nursing interventions to implement the strategy of care;
(vi)
implement the strategy of care;
(vii)
render safe and effective nursing care to a patient directly or indirectly;
(viii)
evaluate responses to nursing interventions;
(ix)
teach the theory and practice of nursing;
(x)
manage and supervise the practice of nursing; and
(xi)
engage in other activities that are within the practice of a licensed registered
nurse as the division defines by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that is:
(A)
within the generally recognized scope and standards of registered nursing; and
(B)
consistent with professionally recognized preparation and education standards
of a registered nurse.
(c)
The division may only define an activity as within the practice of a licensed
registered nurse if:
(i)
the activity is:
(A)
within the generally recognized scope of practice for a licensed registered
nurse; and
(B)
consistent with professionally recognized standards; or
(ii)
the inclusion of the activity is consistent with a recommendation from the Office
of Professional Licensure Review.
(6)
(a)
An applicant for licensure as a registered nurse apprentice shall:
(i)
submit to the division an application form the division approves;
(ii)
pay to the division a fee determined under Section
63J-1-504
;
(iii)
have a high school diploma or the equivalent;
(iv)
have sufficient physical and mental health to safely perform the activities
described in Subsection
(6)(b)
;
(v)
as determined by an approved education program, be:
(A)
in good standing with the approved education program; and
(B)
in the last two semesters, quarters, or competency experiences of the program;
(vi)
have written permission from the program in which the applicant is enrolled; and
(vii)
meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(b)
A licensed registered nurse apprentice may engage in the practice of a registered
nurse that:
(i)
the division defines by rule the division makes that is:
(A)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act;
(B)
within the generally recognized scope and standards of registered nursing; and
(C)
consistent with professionally recognized preparation and education standards
of a registered nurse; and
(ii)
the registered nurse apprentice performs under the indirect supervision of an
individual licensed in accordance with:
(A)
Subsection
58-31b-301(2)(a)
, (2)(b), (2)(c), or (2)(g);
(B)
Chapter 67, Utah Medical Practice Act; or
(C)
Chapter 68, Utah Osteopathic Medical Practice Act.
Section 15. Section
58-31b-303
is amended to read:
58-31b-303
Effective
05/06/26
. Qualifications for licensure -- Graduates of
nonapproved nursing programs.
An applicant for licensure as a practical nurse or registered nurse who is a graduate of a
nursing education program not approved by the division in collaboration with the board must
comply with the requirements of this section.
(1)
An applicant for licensure as a licensed practical nurse shall:
(a)
meet all requirements of Subsection
58-31b-302(2)
58-31b-302(4)
, except
Subsection
58-31b-302(2)(e)
58-31b-302(4)(v)
; and
(b)
produce evidence acceptable to the division and the board that the nursing education
program completed by the applicant is equivalent to the minimum standards
established by the division in collaboration with the board for an approved licensed
practical nursing education program.
(2)
An applicant for licensure as a registered nurse shall:
(a)
meet all requirements of Subsection
58-31b-302(4)
58-31b-302(5)
, except
Subsection
58-31b-302(4)(e)
58-31b-302(5)(iii)
; and
(b)
(i)
pass the Commission on Graduates of Foreign Nursing Schools (CGFNS)
Examination; or
(ii)
produce evidence acceptable to the division and the board that the applicant is
currently licensed as a registered nurse in one of the states, territories, or the
District of Columbia of the United States or in Canada and has passed the
NCLEX-RN examination in English.
Section 16. Section
58-31b-304
is amended to read:
58-31b-304
Effective
05/06/26
. Qualifications for admission to the examinations.
(1)
To be admitted to the examinations required for certification as a medication aide
certified, an individual shall:
(a)
submit an application on a form
prescribed by the division
the division approves
;
(b)
pay a fee as determined by the division under Section
63J-1-504
; and
(c)
meet all requirements of Subsection
58-31b-302(1)
58-31b-302(3)(a)
, except
Subsection
(1)(i)
(3)(a)(ix)
.
(2)
To be admitted to the examinations required for licensure as a practical nurse, an
individual shall:
(a)
submit an application form prescribed by the division
submit an application on a
form the division approves
;
(b)
pay a fee as determined by the division under Section
63J-1-504
; and
(c)
meet all requirements of Subsection
58-31b-302(2)
58-31b-302(4)(a)
, except
Subsection
(2)(f)
(4)(a)(vi)
.
(3)
To be admitted to the examinations required for licensure as a registered nurse, an
individual shall:
(a)
submit an application form prescribed by the division
submit an application on a
form the division approves
;
(b)
pay a fee as determined by the division under Section
63J-1-504
; and
(c)
meet all the requirements of Subsection
58-31b-302(4)
58-31b-302(5)(a)
, except
Subsection
(4)(f).
(5)(a)(vi).
Section 17. Section
58-31b-306.1
is amended to read:
58-31b-306.1
Effective
05/06/26
. Registered nurse apprentice license.
(1)
The division shall issue a registered nurse apprentice license to an individual who meets
the qualifications under Subsection
58-31b-302
(3)
58-31b-302(6)
.
(2)
Unless the division extends the license for a specified period of time by written
notification provided to the individual, the license expires on the earlier of:
(a)
one year from the day on which the license is issued;
(b)
75 days after the day on which the division receives notice from the examination
agency that the individual failed to take or pass the examinations described in
Subsection
58-31b-302
(4)(f)
58-31b-302(5)(a)(vi)
; or
(c)
the day on which the division issues the individual a license as a registered nurse.
(3)
A license described in Subsection
(1)
is:
(a)
valid only in Utah; and
(b)
not an eligible license under Chapter 31e, Nurse Licensure Compact - Revised.
(4)
The division may make rules to administer the license described in Subsection
(1)
in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 18. Section
58-31b-803
is amended to read:
58-31b-803
Effective
05/06/26
. Advanced practice registered nurse prescriptive
authority.
(1)
Except as provided in
Subject to
Subsection
(2)
, a licensed advanced practice
registered nurse may prescribe or administer
a prescription drug including,
a Schedule II
-V
controlled substance.
(2)
This section does not apply to an
A licensed
advanced practice registered nurse
specializing as a
-
certified registered nurse anesthetist
under Subsection
58-31b-102(11)(d)
.
in accordance with Subsection
58-31b-302(2)
may prescribe only as
follows:
(a)
up to a five-day supply of prescription drugs including, Schedule II-V controlled
substances immediately before a procedure performed in a health care facility, as that
term is defined in Section
26B-2-201
, a private physician office, or a dental office, if:
(i)
the prescribed drug is not ketamine;
(ii)
the licensed advanced practice registered nurse - certified registered nurse
anesthetist will participate in the procedure;
(iii)
the licensed advanced practice registered nurse - certified registered nurse
anesthetist has established a patient record for the patient receiving the
prescription; and
(iv)
the prescribed drug is related to the procedure; or
(b)
up to a five-day supply of prescription drugs including, Schedule II-V controlled
substances immediately following a procedure performed in a health care facility, as
that term is defined in Section
26B-2-201
, a private physician office, or a dental
office, if:
(i)
the prescribed drug is not ketamine;
(ii)
the licensed advanced practice registered nurse - certified registered nurse
anesthetist participated in the procedure;
(iii)
the licensed advanced practice registered nurse - certified registered nurse
anesthetist has established a patient record for the patient receiving the
prescription; and
(iv)
the prescribed drug is related to the procedure.
Section 19. Section
58-31d-102
is amended to read:
58-31d-102
Effective
05/06/26
. Division rulemaking.
(1)
The division shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to implement Section
58-31d-101
.
(2)
For purposes of Section
58-31d-101
, "role" as defined in Article II(17) includes an
individual who is:
(a)
licensed to practice under
Subsection
58-31b-301(2)(d)
or
(e)
Subsections
58-31b-301(2)(a)
through
(c)
; or
(b)
licensed to practice under Section
58-44a-301
.
(3)
Notwithstanding any provision in Section
58-31d-101
, Section
58-31d-101
does not
supersede state law related to an individual's scope of practice under this title.
(4)
Once the compact comes into effect as described in Section
58-31d-101
, Article X(1),
the division shall provide a notice that the compact is in effect:
(a)
to an individual licensed under:
(i)
Subsection
58-31b-301(2)(d)
or
(e)
;
(ii)
Section
58-44a-301
; and
(b)
to the Health and Human Services Interim Committee; and
(c)
on the division's website with information for potential applicants.
Section 20. Section
58-40a-102
is amended to read:
58-40a-102
Effective
05/06/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Adequate records" means legible records that contain, at a minimum:
(a)
the athletic training service plan or protocol;
(b)
an evaluation of objective findings;
(c)
the plan of care and the treatment records;
or
and
(d)
written orders.
(2)
"Athlete" means an individual
, referee, coach, or athletic staff member
who
participates
in exercises, sports, or games requiring
in or performs an exercise, a sport,
an occupational activity, or a game that requires
physical strength, agility, flexibility,
range of motion, speed, or stamina, and the
exercises, sports, or games are
exercise,
sport, occupational activity, or game is
of a type generally conducted in association with
an educational institution or professional, amateur, or recreational sports club or
organization.
(3)
"Athletic injury" means:
(a)
an injury
sustained by
an athlete
sustains
that affects the
individual's
athlete's
participation or performance in
sports, games, recreation, or exercise
an exercise, a
sport, a game, or an occupational activity
; or
(b)
a condition that is within the scope of practice
of an athletic trainer identified by a
directing physician or
for athletic training that a licensed physician, a licensed nurse
practitioner, a licensed physician's assistant, or a licensed
physical therapist
identifies
as benefitting from
an
athletic training
services
service
.
(4)
"Athletic trainer" means an individual who is licensed under this chapter and
carries
out the practice of
performs within the scope of practice for
athletic training.
(5)
"Board" means the Athletic Trainers Licensing Board created in Section
58-40a-201
.
(6)
"Directing physician"
"Collaborating physician"
means
a licensed physician who
works in collaboration with an athletic trainer and is:
(a)
a physician and surgeon licensed under Section
58-67-301
,
;
(b)
an osteopathic physician and surgeon licensed under Section
58-68-301
,
;
(c)
a chiropractic physician licensed under
Chapter 73, Chiropractic Physician Practice
Act
,
;
(d)
a naturopathic physician licensed under
Chapter 71, Naturopathic Physician Practice
Act
,
;
or
(e)
a
dentist licensed under Section
58-69-301
who, within the licensee's scope of
practice and individual competency, is responsible for the athletic training services
provided by the athletic trainer and oversees the practice of athletic training by the
athletic trainer, as
established by board rule
the board requires by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(7)
"Collaboration" means the consultation, correspondence, direction by order, or referral
between a licensed athletic trainer and a collaborating physician working within the
collaborating physician's scope of practice and individual competency.
(7)
(8)
The "practice of athletic training" means the application by a licensed and certified
athletic trainer
of principles and methods of:
"Practice of athletic training" means a
licensed athletic trainer applying principles and methods of:
(a)
prevention of athletic injuries;
(b)
recognition, evaluation, and assessment of athletic injuries and conditions;
(c)
immediate care of athletic injuries, including common emergency medical situations;
(d)
rehabilitation and reconditioning of athletic injuries;
(e)
athletic training services administration and organization; and
(f)
education of athletes.
Section 21. Section
58-40a-201
is amended to read:
58-40a-201
Effective
05/06/26
. Board composition -- Duties and responsibilities.
(1)
There is created the Athletic Trainers Licensing Board consisting of
:
(a)
four licensed athletic trainers
,
;
(b)
one member representative of the
directing
collaborating
physicians referred to in
Subsection
58-40a-102(6)
,
;
and
(c)
one member of the general public who has never been authorized to practice a
healing art and never had a substantial personal, business, professional, or pecuniary
connection with a healing art or with a medical education or health care facility,
except as a client or potential client.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
The board shall carry out the duties and responsibilities in Sections
58-1-202
and
58-1-203
,
and shall designate one of
its
the board's
members on a permanent or
rotating basis to:
(a)
assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee under this chapter; and
(b)
advise the division
of its
in the division's
investigation of these complaints.
(4)
A board member who has, under Subsection
(3)
, reviewed a complaint or advised in
its
the complaint's
investigation may be disqualified from participating with the board when
the board serves as a presiding officer in an adjudicative proceeding concerning the
complaint.
Section 22. Section
58-40a-302
is amended to read:
58-40a-302
Effective
05/06/26
. Qualifications for licensure.
The division shall issue a license to practice as an athletic trainer to an applicant who:
(1)
has obtained a bachelor's or advanced degree from an accredited four-year college or
university and meets the minimum athletic training curriculum requirement established
by the board by rule;
(2)
has successfully completed the certification examination administered by the Board of
Certification Inc. or equivalent examination approved or recognized by the board;
(3)
(a)
is in good standing with and provides documentation of current certification by
the Board of Certification Inc. or a nationally recognized credentialing agency
approved by the board
that the board approves; and
(b)
provides documentation of emergency cardiac care certification that includes the
following:
(i)
adult and pediatric cardiopulmonary resuscitation;
(ii)
airway obstruction;
(iii)
second rescuer cardiopulmonary resuscitation;
(iv)
automated external defibrillator;
(v)
barrier devices; and
(vi)
in-person or virtual demonstration of skills
;
(4)
submits an application to the division on a form prescribed by the division; and
(5)
pays the required licensing fee as determined by the department under Section
63J-1-504
.
Section 23. Section
58-40a-303
is amended to read:
58-40a-303
Effective
05/06/26
. Scope of practice.
(1)
An athletic trainer may:
(1)
(a)
prevent injuries by:
(a)
(i)
designing and implementing physical conditioning programs, which may
include:
(i)
(A)
strength and range of motion testing;
(ii)
(B)
nutritional advisement; and
(iii)
(C)
psychosocial intervention and referral;
(b)
(ii)
performing preparticipation screening;
(c)
(iii)
fitting protective equipment;
(d)
(iv)
designing and constructing protective products; and
(e)
(v)
continuously monitoring changes in the environment;
(2)
(b)
recognize and evaluate injuries by:
(a)
(i)
obtaining a history of the injury;
(b)
(ii)
inspecting an injured body part and associated structures;
(c)
(iii)
palpating bony landmarks and soft tissue structures; and
(d)
(iv)
performing clinical tests to determine the extent of an injury;
(3)
(c)
provide immediate care of injuries by:
(a)
(i)
initiating cardiopulmonary resuscitation;
(b)
(ii)
administering basic or advanced first aid;
(c)
(iii)
removing athletic equipment; and
(d)
(iv)
immobilizing and transporting an injured athlete;
(4)
(d)
determine whether an athlete may return to participation or, if the injury requires
further definitive care, refer the athlete to the appropriate
directing
licensed
physician;
(5)
(e)
rehabilitate and recondition an injury by administering therapeutic exercise and
therapeutic and physical modalities, including cryotherapy, thermotherapy, and
intermittent compression, electrical stimulation, ultra sound, traction devices, or
mechanical devices
as directed by established, written athletic training service plans
or protocols or upon the order of a directing physician
;
(6)
(f)
provide athletic training services administration, including:
(a)
(i)
implementing athletic training service plans or protocols;
(b)
(ii)
writing organizational policies and procedures;
(c)
(iii)
complying with governmental and institutional standards; and
(d)
(iv)
maintaining records to document services rendered; and
(7)
(g)
educate athletes to facilitate physical conditioning and reconditioning by
designing and implementing appropriate programs to minimize the risk of injury.
(2)
A licensed athletic trainer shall collaborate with a licensed physician when treating an
athletic injury that:
(a)
is beyond the athletic trainer's scope of practice or expertise;
(b)
is a suspected head or traumatic brain injury, including a concussion; and
(c)
is unresponsive to treatment.
(3)
An athletic trainer shall record collaboration with a physician regarding an athlete or
athletic injury.
(4)
Nothing in this section prevents a physician from employing, directing, supervising,
establishing protocols for, or assisting an athletic trainer in performing within the scope
of practice for athletic training consistent with the scope of practice and professional
standards of each practitioner.
Section 24. Section
58-42a-102
is amended to read:
58-42a-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Board" means the Physical Therapies Licensing Board created in Section
58-24b-201
.
(2)
(a)
"Individual treatment plan" means a written record
composed for each client by
the individual licensed under this chapter to engage
an individual engaging
in the
practice of occupational therapy
composes for each client
.
(b)
"Individual treatment plan" includes:
(i)
planning and directing specific exercises and programs to improve sensory
integration and motor functioning at the level of performance neurologically
appropriate for the
individual's
client's
stage of development;
(ii)
establishing a program of instruction to teach a client skills, behaviors, and
attitudes necessary for the client's independent productive, emotional, and social
functioning;
(iii)
analyzing, selecting, and adapting functional exercises to achieve and maintain
the client's optimal functioning in activities of daily living and to prevent further
disability; and
(iv)
planning and directing specific programs to evaluate and enhance
a client's
perceptual, motor, and cognitive skills.
(3)
"Occupational therapist" means an individual licensed under this chapter to practice
occupational therapy.
(4)
"Occupational therapy aide" means an individual who is not licensed under this chapter
but who
but
provides supportive services under the supervision of an occupational
therapist or occupational therapy assistant.
(5)
"Occupational therapy assistant" means an individual licensed under this chapter to
practice occupational therapy under the supervision of an occupational therapist as
described in Sections
58-42a-305
and
58-42a-306
.
(6)
(a)
"Practice of occupational therapy" means the therapeutic use of everyday life
activities with
an individual
a client who
:
(i)
that
has or is at risk of developing an illness, injury, disease, disorder, condition,
impairment, disability, activity limitation, or participation restriction; and
(ii)
to develop or restore the individual's
needs assistance developing or restoring the
ability to engage in everyday life activities by addressing physical, cognitive,
mental wellness, psychosocial, sensory, or other aspects of the
individual's
client's
performance.
(b)
"Practice of occupational therapy" includes:
(i)
establishing, remediating, or restoring an undeveloped or impaired skill or ability
of
an individual
a client
;
(ii)
modifying or adapting an activity or environment to enhance
an individual's
a
client's
performance;
(iii)
maintaining and improving
an individual's
a client's
capabilities to avoid
declining performance in everyday life activities;
(iv)
promoting health and wellness to develop or improve
an individual's
a client's
performance in everyday life activities;
(v)
performance-barrier prevention for
an individual
a client
, including
disability
prevention
preventing a disability
;
(vi)
evaluating factors that affect
an individual's
a client's
activities of daily living in
educational, work, play, leisure, and social situations, including:
(A)
body functions and structures;
(B)
habits, routines, roles, and behavioral patterns;
(C)
cultural, physical, environmental, social, virtual, and spiritual contexts and
activity demands that affect performance; and
(D)
motor, process, communication, interaction, and other performance skills;
(vii)
providing interventions and procedures to promote or enhance
an individual's
a
client's
safety and performance in activities of daily living in educational, work,
and social situations, including:
(A)
the therapeutic use of
using therapeutic
occupations and exercises;
(B)
training in self-care, self-management, home-management, and community
and work reintegration;
(C)
the development, remediation, or compensation of
developing, remediating,
or compensating
behavioral skills and physical, cognitive, neuromuscular, and
sensory functions;
(D)
the education
educating
and training of
an individual's
a client's
family
members and caregivers;
(E)
care coordination
coordinating care
, case management, and transition
services;
(F)
providing
a
consulting
services to groups, programs, organizations, or
communities,
service to a group, a program, an organization, or a community;
(G)
modifying the environment and adapting
processes
a process
, including the
application of ergonomic principles;
(H)
assessing, designing, fabricating, applying, fitting, and providing training in
assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
(I)
prescribing durable medical equipment or an adaptive device to a patient with
or without requesting a prescription from a licensed physician;
(I)
(J)
assessing, recommending, and training
an individual
a client
in
techniques
a technique
to enhance functional mobility, including wheelchair
management;
(J)
(K)
providing
driver rehabilitation and community mobility;
(K)
(L)
enhancing eating and feeding performance;
(L)
(M)
applying
a
physical agent
modalities
modality
, managing wound care,
dry needling,
and
or
using
a
manual therapy
techniques
technique
to enhance
an individual's
a client's
performance skills, if the occupational therapist has
received the necessary training as
determined by
the
division
determines by
rule
made
in collaboration with the board
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
; or
(M)
(N)
applying dry needling to enhance
an individual's
a client's
occupational
performance if the occupational therapy practitioner has received the necessary
training
as determined by
as the
division
determines by
rule
the division
makes
in collaboration with the board
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
.
(7)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-42a-501
.
(8)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-42a-502
.
Section 25. Section
58-42a-306
is amended to read:
58-42a-306
Effective
05/06/26
. Supervision requirements.
An occupational therapist who is supervising an occupational therapy assistant shall:
(1)
write or contribute to an individual treatment plan before referring a client to
a
supervised
the
occupational therapy assistant for treatment;
(2)
approve and cosign on all modifications to the individual treatment plan;
(3)
meet face to face with the
supervised
occupational therapy assistant as often as
necessary but at least once every two weeks in person or by video conference, and at
least one time every month in person, to adequately provide consultation, advice,
training, and direction to the occupational therapy assistant;
(4)
meet with each client who has been referred to
a supervised
the
occupational therapy
assistant at least once each month, to further assess the patient, evaluate the treatment,
and modify the individual's treatment plan, except that if the interval of client care
occurs one time per month or less, the occupational therapist shall meet with the client at
least once every four visits;
(5)
supervise no more than two full-time occupational therapy assistants at one time, or
four part-time occupational therapy assistants if the combined work hours of the
assistants do not exceed 40 hours per week, unless otherwise approved by the division in
collaboration with the board
supervise occupational therapy assistants in accordance
with rules the division makes in collaboration with the board and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(6)
remain responsible for client treatment provided by the occupational therapy assistant;
and
(7)
fulfill any other supervisory responsibilities as determined by division rule.
Section 26. Section
58-42a-307
is amended to read:
58-42a-307
Effective
05/06/26
. Dry needling -- Experience required --
Registration.
(1)
An occupational therapist may practice
trigger point
dry needling if the occupational
therapist:
(a)
has a valid license to practice occupational therapy under this chapter;
(b)
has successfully completed a course in
trigger point
dry needling that is:
(i)
approved by the division; and
(ii)
at least 304 total course hours, including a minimum of:
(A)
54 hours of in-person instruction; and
(B)
250 supervised patient treatment hours;
(c)
files a certificate of completion of the course described in Subsection
(1)(b)
with the
division;
(d)
registers with the division as a
trigger point
dry needling practitioner; and
(e)
meets any other requirement to practice
trigger point
dry needling established by
the division.
(2)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish:
(a)
the criteria for approving a course described in Subsection
(1)(b)
; and
(b)
the requirements described in Subsection
(1)(e)
.
(3)
The division may charge, in accordance with Section
63J-1-504
, a fee for the
registration described in Subsection
(1)(d)
.
Section 27. Section
58-44a-302
is amended to read:
58-44a-302
Effective
05/06/26
. Qualifications for licensure.
(1)
An applicant for licensure as a nurse midwife shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee as determined by the department under Section
63J-1-504
;
(c)
at the time of application for licensure hold a license in good standing as a registered
nurse in Utah, or be at that time qualified for a license as a registered nurse under
Title 58, Chapter 31b, Nurse Practice Act
;
(d)
have completed:
(i)
a certified nurse midwifery education program accredited by the Accreditation
Commission for Midwifery Education
and approved by the division
or another
accrediting body the division approves by rule made in collaboration with the
board and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; or
(ii)
a nurse midwifery education program located outside of the United States which
is approved by the division and is equivalent to a program accredited by the
Accreditation Commission for Midwifery Education, as demonstrated by a
graduate's being accepted to sit for the national certifying examination
administered by the Accreditation Commission for Midwifery Education or its
designee;
(e)
have passed examinations established by the division rule in collaboration with the
board within two years after completion of the approved education program required
under Subsection
(1)(d)
; and
(f)
(i)
consent to, and complete, a criminal background check, described in Section
58-1-301.5
;
(ii)
meet any other standard related to the criminal background check described in
Subsection
(1)(f)(i)
, that the division establishes by rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division
approves.
(2)
For purposes of Subsection
(1)(d)
, as of January 1, 2010, an applicant shall have
completed a graduate degree, including post-master's certificate, in nurse midwifery
from the accredited education program or the accredited education program's equivalent.
Section 28. Section
58-47b-201
is amended to read:
58-47b-201
Effective
05/06/26
Repealed
07/01/34
. Board.
(1)
There is created the Board of Massage Therapy and Acupuncture consisting of:
(a)
four massage therapists;
(b)
two
licensed acupuncturists as defined in Section
58-72-102
licensed acupuncturists
as defined in Section
58-72-102
; and
(c)
one member of the general public.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
(a)
The board shall perform the duties and responsibilities described in Sections
58-1-202
and
58-1-203
with respect to this chapter and Chapter 72, Acupuncture
Licensing Act.
(b)
In addition, the board shall designate one of
its
the board's
members on a permanent
or rotating basis to:
(i)
assist the division in reviewing complaints concerning the conduct of an
individual licensed under this chapter or Chapter 72, Acupuncture Licensing Act;
and
(ii)
advise the division in
its
the division's
investigation of these complaints.
(4)
A board member who has, under Subsection
(3)
, reviewed a complaint or advised in
its
the complaint's
investigation may be disqualified from participating with the board when
the board serves as a presiding officer in an adjudicative proceeding concerning the
complaint.
Section 29. Section
58-54-303
is amended to read:
58-54-303
Effective
05/06/26
. Supervision and prescription required -- Imaging
ordered by a licensed physical therapist.
(1)
The practice of radiologic technology by a radiologic technologist licensed under this
chapter shall be under the general supervision of a radiologist or radiology practitioner
and may be performed only upon the order of a radiologist or radiology practitioner
acting within the scope of the radiologist's or radiology practitioner's license and
experience within the scope of practice of a radiology practitioner.
(1)
A radiologic technologist certified under this chapter may practice radiologic
technology only:
(a)
under the general supervision of a radiologist or radiology practitioner; and
(b)
upon the order of a radiologist or radiology practitioner acting within the scope of
the radiologist's or radiology practitioner's license and experience.
(2)
(a)
Notwithstanding Subsection
(1)
, a physical therapist
licensed under Chapter 24b,
Physical Therapy Practice Act,
acting within the scope of the physical therapist's
license and experience may order
plain radiographs and magnetic resonance
imaging if:
(i)
the
licensed
physical therapist designates a physician to receive the results of the
plain radiographs or magnetic resonance
imaging; and
(ii)
the physician designated in Subsection
(2)(a)(i)
agrees to receive the results of the
plain radiographs or magnetic resonance
imaging.
(b)
A
licensed
physical therapist who orders
plain radiographs or magnetic resonance
imaging under Subsection
(2)(a)
shall:
(i)
communicate with the patient's physician to ensure coordination of care; and
(ii)
refer a patient to an appropriate provider when the findings of the imaging
that
was
ordered by the
licensed
physical therapist indicate that the
needed
services
that are needed
exceed the
licensed
physical therapist's experience
and
or
scope
of practice.
(c)
A
licensed
physical therapist is not subject to Subsection
(2)(b)(i)
if:
(i)
a radiologist has read the image and has not identified a significant finding;
(ii)
the patient does not have a primary care physician; and
(iii)
the patient was not referred to the
licensed
physical therapist for health care
services by another health care provider.
Section 30. Section
58-57-101
, which is renumbered from Section 58-57-2 is renumbered
and amended to read:
58-57-2
58-57-101
Effective
05/06/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Board" means the Respiratory Care Licensing Board created in Section
58-57-3
58-57-102
.
(2)
(a)
"Health care facility" means
any
a
facility or institution in which health care
services are performed or furnished
and
.
(b)
"Health care facility"
includes a hospital,
a
clinic,
or
and
an
emergency care center.
(3)
(a)
"Limited practice of respiratory care" means the practice of respiratory care on a
non-critical care patient.
(b)
"Limited practice of respiratory care" does not include:
(i)
invasive and noninvasive mechanical ventilation;
(ii)
arterial line placement; or
(iii)
high-risk procedures the division defines by rule the division makes in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(4)
"Non-critical care patient" means a patient who is not receiving a service from an
intensive care unit, an emergency department of a hospital, or an ambulance as that term
is defined in Section
53-2d-101
.
(3)
(5)
(a)
"Practice of respiratory care"
:
(a)
means the treatment, operation of equipment, management, diagnostic testing, and
care of
any
a
human disease, deficiency, pain, injury, or other physical condition
associated with the cardiopulmonary system under the qualified medical direction or
supervision of a practitioner who has training and knowledge in the diagnosis,
treatment, and assessment of respiratory problems
;
.
(b)
"Practice of respiratory care"
includes:
(i)
accepting and carrying out a practitioner's written, verbal, or telephonic
prescription or order specifically relating to respiratory care in a hospital or other
health care setting and
includes
in
consultation with
licensed nurses
a licensed
nurse
, as appropriate;
(ii)
administering respiratory care during transportation of a patient and under other
circumstances where an emergency requires immediate respiratory care;
(iii)
serving as a resource to other health care professionals and hospital
administrators in relation to the technical aspects of, and the safe and effective
methods for, administering respiratory care;
(iv)
functioning in situations of patient contact requiring individual judgment in
administering respiratory care under the general supervision of a qualified
practitioner; and
(v)
supervising, directing, or teaching personnel in the performance of respiratory
care modalities as part of
a respiratory care
an approved
education program
; and
for respiratory care.
(c)
"Practice of respiratory care"
does not include
:
(i)
a person who delivers, installs, or maintains
the delivery, installation, or
maintenance of
respiratory related durable medical equipment
and
; or
(ii)
who gives
giving
instructions regarding the use of
that equipment as long as
that person
respiratory related durable medical equipment if the individual giving
the instruction
does not perform clinical evaluation or treatment of the patient.
(4)
(6)
"Practitioner" means an individual currently licensed, registered, or otherwise
authorized by the appropriate jurisdiction to prescribe and administer drugs and order
respiratory care in the course of professional practice.
(5)
"Respiratory care practitioner" means any person licensed to practice respiratory care
under this chapter.
(6)
(7)
"Respiratory related durable medical equipment" means:
(a)
medical grade oxygen;
(b)
equipment and supplies related to medical gases;
(c)
apnea monitors;
(d)
oximeters;
(e)
noninvasive positive pressure generators, except those with back-up respiratory rate
or when used invasively;
(f)
bilirubin lights;
(g)
suctioning equipment;
(h)
large volume nebulizers with compressors, except when used invasively in
conjunction with an artificial airway;
(i)
medication nebulizers;
(j)
enteral nutrition equipment; and
(k)
other respiratory related equipment intended for use in the home as
defined by the
division by rule
the division defines by rule the division makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(7)
(8)
"Unlawful conduct"
is defined in
means the same as that term is defined in
Sections
58-1-501
and
58-57-14
58-57-110
.
(8)
(9)
(a)
"Unprofessional conduct"
as defined in
means the same as that term is
defined in
Section
58-1-501
and as
may be further defined by rule
the division may
define by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b)
"Unprofessional conduct"
includes:
(a)
(i)
acting contrary to the instructions of the practitioner responsible for
supervising the licensee;
(b)
(ii)
knowingly operating
any
respiratory care equipment that is unsafe or not in
compliance with standards of condition or operation consistent with the patient's
safety;
(c)
(iii)
permitting
any person
an individual
to operate respiratory care equipment
who is not competent or not allowed to operate the equipment;
(d)
(iv)
revealing to
any unauthorized person
an unauthorized individual
confidential or privileged information about a patient;
(e)
(v)
using
any
a
controlled substance, unless
a practitioner prescribes
the
controlled substance
is prescribed by a practitioner and used
and the respiratory
care practitioner uses the controlled substance
in accordance with the practitioner's
instructions; and
(f)
(vi)
making
any
a
statement that is incorrect due to negligence, willfulness, or
intent to provide false information or entry on
any
a
patient record or other
record that is used for payment of respiratory care services.
Section 31. Section
58-57-102
, which is renumbered from Section 58-57-3 is renumbered
and amended to read:
58-57-3
58-57-102
Effective
05/06/26
. Board created -- Membership -- Duties.
(1)
There is created a five-member Respiratory Care Licensing Board consisting of the
following
persons
individuals
:
(a)
one physician who is a member of either the American Society of Anesthesiologists,
the American College of Chest Physicians, the American Thoracic Society, or the
American Academy of Pediatrics;
(b)
three licensed respiratory care practitioners who have practiced respiratory care for a
period of not less than three years immediately
preceding their
before
appointment
to the board; and
(c)
one member from the general public.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(2)
The executive director shall appoint the members of the board and the members shall
serve in accordance with Section
58-1-201
.
(3)
The duties and responsibilities of the board shall be in accordance with Sections
58-1-202
and
58-1-203
.
(3)
The board shall perform the board's duties and responsibilities as provided in Sections
58-1-202
and
58-1-203
.
Section 32. Section
58-57-103
, which is renumbered from Section 58-57-4 is renumbered
and amended to read:
58-57-4
58-57-103
Effective
05/06/26
. Qualifications for a license -- Scope of
practice.
(1)
The division shall issue a respiratory care practitioner license to an applicant who
meets the requirements specified in this section.
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 applicant seeking licensure as a respiratory care practitioner shall:
(a)
(i)
submit an application on a form prescribed by the division
submit to the
division an application on a form the division approves
;
(b)
(ii)
pay a fee as determined by the department pursuant to Section
63J-1-504
pay to the division a fee determined in accordance with Section
63J-1-504
;
(c)
(iii)
possess a
have a
high school education or
its
the
equivalent, as
determined by the division in
the division determines by rule the division makes in
collaboration with the board
and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
(d)
(iv)
have completed
complete
a respiratory care practitioner educational
program that is accredited by a nationally accredited organization acceptable to
the division as defined by rule
the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
; and
(e)
(v)
subject to Section
58-57-104
,
pass an examination
approved by
the division
approves
in collaboration with the board.
(b)
A respiratory care practitioner may engage in the practice of respiratory care.
(3)
(a)
An applicant seeking licensure as a respiratory care apprentice shall:
(i)
submit to the division an application on a form the division approves;
(ii)
pay to the division a fee determined under Section
63J-1-504
;
(iii)
have a high school education or the equivalent, as the division determines by rule
the division makes in collaboration with the board and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(iv)
submit to the division evidence that the applicant is:
(A)
in good standing with an approved education program that the division
approves by rule the division makes in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act;
(B)
in the final year with the approved education program; and
(C)
has written permission from the education program in which the applicant is
enrolled to apply for licensure.
(b)
A respiratory care apprentice may perform a service in the limited practice of
respiratory care if the respiratory care apprentice has documented evidence of
training for the service.
(c)
A respiratory care apprentice shall be under the indirect supervision of a licensed
respiratory care practitioner when engaging in the limited practice of respiratory care.
Section 33. Section
58-57-104
, which is renumbered from Section 58-57-5 is renumbered
and amended to read:
58-57-5
58-57-104
Effective
05/06/26
. Licensure by endorsement.
If an applicant has completed a respiratory care practitioner education program that is
approved by the board and accredited by a nationally accredited organization acceptable to the
division, as defined by rule, the board may recommend that the division issue a license without
examination to any applicant currently licensed by another state as a respiratory care
practitioner or its equivalent, if the requirements for licensing in that state are at least as
stringent as the requirements under this chapter.
Licensure by endorsement shall be in
accordance with Section
58-1-302
.
Section 34. Section
58-57-105
, which is renumbered from Section 58-57-6 is renumbered
and amended to read:
58-57-6
58-57-105
Effective
05/06/26
. Term of license -- Expiration --
Renewal.
(1)
(a)
Each license issued under this chapter shall be issued
The division shall issue a
respiratory care practitioner license
in accordance with a two-year renewal cycle
established by rule
the division makes by rule in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act
.
(b)
A
The division may extend or shorten a
renewal period
may be extended or
shortened
by as much as one year to maintain established renewal cycles or to
change
an established
a
renewal cycle.
(2)
Each license
A respiratory care practitioner license
automatically expires on the
expiration date shown on the license
unless renewed by the licensee in accordance with
Section
58-1-308
.
(3)
(a)
A respiratory care apprentice license shall expire on the day of the earliest of the
following events:
(i)
the issuance of a respiratory care practitioner license;
(ii)
the denial of a respiratory care practitioner license application; or
(iii)
the termination of enrollment at an accredited respiratory care practitioner
program.
(b)
Notwithstanding Subsection
(3)(a)(iii)
, a respiratory care apprentice license is valid
for 60 days after the day on which a respiratory care apprentice graduates from an
accredited respiratory care practitioner program.
Section 35. Section
58-57-106
, which is renumbered from Section 58-57-7 is renumbered
and amended to read:
58-57-7
58-57-106
Effective
05/06/26
. 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)
, "supervision" means one of the following
will be immediately available for consultation in person or by phone:
(i)
a practitioner;
(ii)
a respiratory therapist;
(iii)
a Diplomate of the American Board of Sleep Medicine; or
(iv)
a registered polysomnographic technologist.
(2)
In addition to the exemptions from licensure in Section
58-1-307
, the following
persons
individuals
may engage in the practice of respiratory therapy subject to the stated
circumstances and limitations without being licensed under this chapter:
(a)
any person
an individual
who provides gratuitous care for
a member of his
immediate family
an immediate family member
without representing
himself as
that
the individual is
a licensed respiratory care practitioner;
(b)
any person
an individual
who is a licensed or
a
qualified member of another health
care profession, if this practice is consistent with the accepted standards of the
profession and if the
person
individual
does not represent
himself as
that the
individual is
a respiratory care practitioner;
(c)
any person
an individual
who serves in the Armed Forces of the United States or
any other
another
agency of the federal government and is
engaged in the
performance of his
performing
official duties;
(d)
any person
an individual
who acts under a certification issued
pursuant to
in
accordance with
Title 53, Chapter 2d, Emergency Medical Services Act, while
providing emergency medical services;
(e)
any person
except as provided in Subsection
(3)
, an individual
who delivers,
installs, or maintains respiratory related durable medical equipment
and
or
who
gives instructions regarding the use of that equipment
in accordance with
Subsections
58-57-2
(3) and (6), except that this exemption does not include any
clinical evaluation or treatment of the patient
;
(f)
any person
an individual
who
is working
works
in a practitioner's office, acting
under supervision; and
(g)
a polysomnographic technician or trainee, acting under supervision, as long as the
technician or trainee administers the following only in a sleep lab, sleep center, or
sleep facility:
(i)
oxygen titration; and
(ii)
positive airway pressure that does not include mechanical ventilation.
(3)
Subsection
(2)(e)
does not allow an individual to engage in clinical evaluation or
treatment of a patient.
(3)
(4)
Nothing in this chapter permits a respiratory care practitioner to engage in the
unauthorized practice of other health disciplines.
Section 36. Section
58-57-107
, which is renumbered from Section 58-57-8 is renumbered
and amended to read:
58-57-8
58-57-107
Effective
05/06/26
. Grounds for denial of license --
Disciplinary proceedings.
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 shall be in accordance with Section
58-1-401
.
(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 licensee; or
(e)
issue a cease and desist order.
(2)
The division shall perform an act listed in Subsection
(1)
in accordance with Section
58-1-401
.
Section 37. Section
58-57-108
, which is renumbered from Section 58-57-10 is renumbered
and amended to read:
58-57-10
58-57-108
Effective
05/06/26
. Use of title or designation.
(1)
Only a respiratory care practitioner may use the following titles or designations
in this
state
:
(a)
respiratory care practitioner;
(b)
respiratory therapist; or
(c)
respiratory technician.
(2)
Only a respiratory care apprentice may use the following titles or designations:
(a)
respiratory care apprentice; or
(b)
respiratory therapy apprentice.
(2)
(3)
Any person
An individual
who violates this section is guilty of a class A
misdemeanor.
Section 38. Section
58-57-109
, which is renumbered from Section 58-57-12 is renumbered
and amended to read:
58-57-12
58-57-109
Effective
05/06/26
. 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
for his services
independently of a practitioner or health care facility.
Section 39. Section
58-57-110
, which is renumbered from Section 58-57-14 is renumbered
and amended to read:
58-57-14
58-57-110
Effective
05/06/26
. Unlawful conduct -- Penalty.
(1)
Beginning January 1, 2007, "unlawful
As used in this section, "unlawful
conduct"
includes:
(a)
using the following titles
, names,
or initials
,
for the following titles
if the user is
not properly licensed
under this chapter
:
(i)
respiratory care practitioner;
(ii)
respiratory therapist;
and
(iii)
respiratory technician;
and
(iv)
respiratory care apprentice; and
(v)
respiratory therapy apprentice; and
(b)
using
any other
a
name, title, or initials that would cause a reasonable person to
believe the user is licensed under this chapter if the user is not properly licensed
under this chapter.
(2)
Any person who
A person that
violates
the unlawful conduct provision specifically
defined in
Subsection
58-1-501(1)(a)
is guilty of a third degree felony.
(3)
Any person who violates any of the unlawful conduct provisions specifically defined in
Subsections
58-1-501(1)(b)
through
(f)
and Subsection
(1)
of this section is guilty of a
class A misdemeanor.
(4)
After a proceeding pursuant to
Title 63G, Chapter 4, Administrative Procedures Act
,
and
Title 58, Chapter 1, Division of Professional Licensing Act
, the division may assess
administrative penalties for acts of unprofessional or unlawful conduct or any other
appropriate administrative action.
Section 40. Section
58-70a-302
is amended to read:
58-70a-302
Effective
05/06/26
. Qualifications for licensure.
Each applicant for licensure as a physician assistant shall:
(1)
submit an application in a form the division approves;
(2)
pay a fee determined by the department under Section
63J-1-504
;
(3)
have successfully completed a physician assistant program accredited by:
(a)
the Accreditation Review Commission on Education for the Physician Assistant; or
(b)
another accrediting body the division approves by rule made in collaboration with
the board and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act;
(b)
if before January 1, 2001, either the:
(i)
Committee on Accreditation of Allied Health Education Programs; or
(ii)
Committee on Allied Health Education and Accreditation;
(4)
have passed the licensing examinations required by division rule made in collaboration
with the board;
(5)
meet with the board and representatives of the division, if requested, for the purpose of
evaluating the applicant's qualifications for licensure; and
(6)
(a)
consent to, and complete, a criminal background check, described in Section
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in
Subsection
(6)(a)
, that the division establishes by rule in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act; and
(c)
disclose any criminal history the division requests on a form the division provides.
Section 41. Section
58-70a-307
is amended to read:
58-70a-307
Effective
05/06/26
. Collaboration requirements -- Clinical practice
experience -- Requirements for independent practice in a new specialty.
(1)
As used in this section, "collaboration" means the interaction and relationship that a
physician assistant has with
one or more physicians
a physician
in which:
(a)
the physician assistant and physician are cognizant of the physician assistant's
qualifications and limitations in caring for
patients
a patient
;
(b)
the physician assistant, while responsible for care that the physician assistant
provides, consults with the physician
or physicians
regarding patient care; and
(c)
the physician
or physicians give
gives
direction and guidance to the physician
assistant.
(2)
A physician assistant with less than
10,000
8,500
hours of post-graduate clinical
practice experience shall:
(a)
practice under written policies and procedures established at a practice level that:
(i)
describe how collaboration will occur in accordance with this section and
Subsections
58-70a-501(2)
and
(3)
;
and
(ii)
describe methods for evaluating the physician assistant's competency, knowledge,
and skills;
(b)
provide a copy of the written policies and procedures and documentation of
compliance with this Subsection
(2)
to the board upon the board's request; and
(c)
except as provided in Subsection
58-70a-501.1(4)(d)
for a physician assistant
specializing in mental health care, engage in collaboration with a physician for the
first 4,000 hours of the physician assistant's post-graduate clinical practice experience.
(3)
(a)
Except as provided in Subsection
58-70a-501.1(4)(d)
for a physician assistant
specializing in mental health care, a physician assistant who has more than 4,000
hours of practice experience and less than
10,000
8,500
hours of practice experience
shall enter into a written collaborative agreement with:
(i)
a physician; or
(ii)
a licensed physician assistant with more than
10,000
8,500
hours of practice
experience in the same specialty as the physician assistant.
(b)
The collaborative agreement described in Subsection
(3)(a)
shall:
(i)
describe how collaboration under this section and Subsections
58-70a-501(2)
and
(3)
will occur;
(ii)
be kept on file at the physician assistant's practice location; and
(iii)
be provided by the physician assistant to the board upon the board's request.
(4)
A physician assistant who wishes to change specialties to another specialty in which the
PA
physician assistant
has less than 4,000 hours of experience shall engage in
collaboration for a minimum of 4,000 hours with a physician who is trained and
experienced in the specialty to which the physician assistant is changing.
Section 42. Section
58-70a-501
is amended to read:
58-70a-501
Effective
05/06/26
. Scope of practice.
(1)
(a)
A physician assistant may provide any medical services that are not specifically
prohibited under this chapter or rules adopted under this chapter, and that are within
the physician assistant's skills and scope of competence.
(b)
Notwithstanding Sections
58-67-805
and
58-68-805
, authorization to provide
medical services under Subsection
(1)
includes performing minor surgical procedures.
(2)
A physician assistant shall consult, collaborate with, and refer to appropriate members
of the health care team:
(a)
as indicated by the patient's condition;
(b)
based on the physician assistant's education, experience, and competencies;
(c)
the applicable standard of care; and
(d)
if applicable, in accordance with the requirements described in Section
58-70a-307
.
(3)
Subject to Section
58-70a-307
, the degree of collaboration under Subsection
(2)
:
(a)
shall be determined at the physician assistant's practice, including decisions made by
the physician assistant's:
(i)
employer;
(ii)
group;
(iii)
hospital service; or
(iv)
health care facility credentialing and privileging system; and
(b)
may also be determined by a managed care organization with whom the physician
assistant is a network provider.
(4)
A physician assistant may only provide health
care services:
(a)
for which the physician assistant has been trained and credentialed, privileged, or
authorized to perform; and
(b)
that are within the physician assistant's practice specialty.
(5)
A physician assistant may authenticate through a signature, certification, stamp,
verification, affidavit, or endorsement any document that may be authenticated by a
physician and that is within the physician assistant's scope of practice.
(6)
A physician assistant is responsible for the care that the physician assistant provides.
(7)
(a)
As used in this Subsection
(7)
:
(i)
"ALS/ACLS certification" means a certification:
(A)
in advanced life support by the American Red Cross;
(B)
in advanced cardiac life support by the American Heart Association; or
(C)
that is equivalent to a certification described in Subsection
(7)(a)(i)(A)
or
(B)
.
(ii)
"Minimal sedation anxiolysis" means creating a drug induced state:
(A)
during which a patient responds normally to verbal commands;
(B)
which may impair cognitive function and physical coordination; and
(C)
which does not affect airway, reflexes, or ventilatory and cardiovascular
function.
(b)
Except as provided in Subsections
(c)
(7)(c)
through
(e)
, a physician assistant may
not administer general anesthetics.
(c)
A physician assistant may perform minimal sedation anxiolysis if the procedure is
within the physician assistant's scope of practice.
(d)
A physician assistant may perform rapid sequence induction for intubation of a
patient if:
(i)
the procedure is within the physician assistant's scope of practice;
(ii)
the physician assistant holds a valid ALS/ACLS certification and is credentialed
and privileged at the hospital where the procedure is performed; and
(iii)
(A)
a qualified physician is not available and able to perform the procedure; or
(B)
the procedure is performed by the physician assistant under supervision of or
delegation by a physician.
(e)
Subsection
(7)(b)
does not apply to anesthetics administered by a physician assistant:
(i)
in an intensive care unit of a hospital;
(ii)
for the purpose of enabling a patient to tolerate ventilator support or intubation;
and
(iii)
under supervision of or delegation by a physician whose usual scope of practice
includes the procedure.
(8)
(a)
A physician assistant may prescribe or administer an appropriate controlled
substance that is within the physician assistant's scope of practice if the physician
assistant holds a Utah controlled substance license and a
DEA
Drug Enforcement
Administration
registration.
(b)
A physician assistant may prescribe, order, administer, and procure a drug or medical
device that is within the physician assistant's scope of practice.
(c)
A physician assistant may dispense a drug if dispensing the drug:
(i)
is permitted under
Title 58, Chapter 17b, Pharmacy Practice Act
; and
(ii)
is within the physician assistant's scope of practice.
(9)
A physician assistant may not perform or induce an abortion in violation of the
requirements of Section
76-7-302
or Section
76-7a-201
, regardless of whether the
physician assistant is found guilty of a crime in connection with the violation.
(10)
A physician assistant practicing independently may only perform or provide a health
care service that:
(a)
is appropriate to perform or provide outside of a health care facility; and
(b)
the physician assistant has been trained and credentialed or authorized to provide or
perform independently without physician supervision.
(11)
A physician assistant, while practicing as a physician assistant:
(a)
shall wear an identification badge showing the physician assistant's license
classification as a physician assistant;
(b)
shall identify themselves to a patient as a physician assistant; and
(c)
may not identify themselves to any person in connection with activities allowed
under this chapter other than as a physician assistant or PA.
Section 43. Section
58-72-102
is amended to read:
58-72-102
Effective
05/06/26
. Acupuncture licensing -- Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Acupuncture aide" means:
(a)
an individual who is not licensed under this chapter but provides a supportive service
under the indirect supervision of a licensed acupuncturist who is physically present
and available during the performance of a delegated supportive service; and
(b)
(i)
an individual who holds a certification in clean needle technique from the
Council of Colleges of Acupuncture and Herbal Medicine;
(ii)
an individual who completes a course using the Council of Colleges of
Acupuncture and Herbal Medicine clean needle technique that the division
approves by rule; or
(iii)
meets the qualifications the division makes by rule.
(2)
"Board" means the Board of Massage Therapy and Acupuncture created in Section
58-47b-201
.
(2)
(3)
(a)
"Injection therapy" means the use of a hypodermic needle, by a licensed
acupuncturist
who has obtained a clean needle technique certificate from the
National Commission for the Certification of Acupuncture and Oriental Medicine
(NCCAOM),
who satisfies the coursework and supervised experience requirements
that the division makes by rule
to inject any of the following sterile substances in
liquid form into acupuncture points on the body subcutaneously or intramuscularly:
(i)
a nutritional substance;
(ii)
a local anesthetic;
(iii)
autologous blood, if the licensee holds a current phlebotomy certification to draw
blood;
(iv)
sterile water;
(v)
dextrose;
(vi)
sodium bicarbonate;
and
(vii)
sterile saline
.
; and
(viii)
other substances as defined by the division in rule.
(b)
"Injection therapy" includes using ultrasound guidance to ensure that an injection is
only a subcutaneous injection or an intramuscular injection.
(c)
"Injection therapy" does not include injecting a substance into a vein,
joint,
artery,
blood vessel, nerve,
tendon,
deep organ, or the spine.
(d)
"Injection therapy" may not be performed on a pregnant woman or a child under the
age of eight.
(3)
"Licensed acupuncturist," designated as "L.Ac.," means a person who has been
licensed under this chapter to practice acupuncture.
(4)
"Moxibustion" means a heat therapy that uses the herb moxa to heat acupuncture points
of the body.
(5)
(a)
"Practice of acupuncture" means the insertion of acupuncture needles, the use of
injection therapy, and the application of moxibustion to specific areas of the body
based on traditional oriental medical diagnosis and modern research as a primary
mode of therapy.
(b)
Adjunctive therapies within the scope of the practice
"Practice
of acupuncture
"
may
include
the following adjunctive therapies
:
(i)
applying
manual, mechanical, thermal, electrical, light, and electromagnetic
treatments based on traditional oriental medical diagnosis and modern research;
(ii)
the recommendation, administration, or provision of
recommending,
administering, or provisioning
dietary guidelines, herbs, supplements,
homeopathics, and therapeutic exercise based on traditional oriental medical
diagnosis and modern research according to practitioner training;
and
(iii)
the practice
performing a practice
described in Subsections
(5)(a)
and
(b)
(5)(b)
on an animal to the extent permitted by:
(A)
Subsection
58-28-307(12)
;
(B)
the provisions of this chapter; and
(C)
division rule
.
; and
(iv)
delegating a task to an acupuncture aide and supervising the performance of the
task.
(c)
"Practice of acupuncture" does not include:
(i)
the manual manipulation or adjustment of the joints of the body beyond the elastic
barrier; or
(ii)
the "manipulation of the articulation of the spinal column" as defined in Section
58-73-102
.
(6)
(a)
"Supportive services" means the acts that the division defines in rule for which the
acupuncture aide is trained.
(b)
"Supportive services" does not include providing:
(i)
a diagnosis;
(ii)
point location;
(iii)
needle insertion;
(iv)
electrical stimulation;
(v)
advice to a patient; or
(vi)
a procedure requiring a similar degree of judgment or skill, or an additional act
the department defines by rule.
(6)
(7)
"Unprofessional conduct" is as defined in Sections
58-1-501
and
58-72-503
, and as
may be further defined by division
the division may define by
rule.
Section 44. Section
58-72-302
is amended to read:
58-72-302
Effective
05/06/26
. Qualifications for licensure.
An applicant for licensure as
a licensed
an
acupuncturist shall:
(1)
submit an application in a form prescribed by the division
submit an application to the
division on a form the division approves
;
(2)
pay a fee determined by the department under Section
63J-1-504
pay a fee to the
division as determined under Section
63J-1-504
;
(3)
meet the requirements for current active certification in acupuncture under guidelines
established by the National Commission for the Certification of Acupuncture and
Oriental Medicine (NCCAOM)
the National Certification Board for Acupuncture and
Herbal Medicine establishes
as demonstrated through a current certificate or other
appropriate documentation;
(4)
pass the examination
required by the division
the division requires
by rule;
(5)
establish procedures, as
defined
the division defines
by rule, which shall enable
patients to give informed consent to treatment; and
(6)
meet with the board, if requested, for the purpose of evaluating the applicant's
qualifications for licensure.
Section 45. Section
58-72-501
is amended to read:
58-72-501
Effective
05/06/26
. Acupuncture licensee -- Restriction on titles used.
(1)
(a)
A person practicing as a
A
licensed acupuncturist may not display or
in any way
use any
use a
title,
words
a word
, or
an
insignia in conjunction with the
person's
licensed acupuncturist's
name or practice except
the words
"licensed acupuncturist"
or "L.Ac."
.
(b)
Only an acupuncturist licensed under this chapter may use the title "licensed
acupuncturist" or "L.Ac."
(b)
(c)
When used in conjunction with the
person's
licensed acupuncturist'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)
A licensed acupuncturist may use the terms
"Doctor of acupuncture
"
," "Doctor of
Oriental Medicine," "Doctor of Acupuncture and Oriental Medicine," "D.O.M.,"
"D.A.O.M.,"
or "oriental medical doctor"
may be used
if the term is commensurate
with the degree in acupuncture
received by the practitioner
the practitioner holds
.
(3)
(a)
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.
A medical doctor or a chiropractic
physician who chooses to practice acupuncture shall provide acupuncture as a
medical doctor or chiropractic physician practicing acupuncture.
(b)
A medical doctor or a chiropractic physician who chooses to practice acupuncture
may not represent that the medical doctor or a chiropractic physician is a licensed
acupuncturist.
Section 46. Section
58-72-701
is amended to read:
58-72-701
Effective
05/06/26
. Procurement and administration authority.
(1)
(a)
A licensee who has received the necessary training
, the division requires by rule
the division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
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):
as defined in Section
58-72-102
:
(a)
(i)
has authority to procure and administer prescriptive substances described in
Subsections
58-72-102(2)(a)
and
(b)
58-72-102(3)(a)
and
(b)
for in-office
administration only; and
(b)
(ii)
may obtain substances described in Subsection
58-72-102(2)
58-72-102(3)(a)
from a registered prescription drug outlet, registered
manufacturer, or registered wholesaler.
(b)
A licensee who has received the necessary training to practice injection therapy as
defined in Section
58-72-102
, may not perform injection therapy on a pregnant
woman or a child under eight years old.
(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.
Section 47. Section
58-88-201
is amended to read:
58-88-201
Effective
05/06/26
. Definitions.
As used in this part:
(1)
(a)
"Dispense" means the delivery by a prescriber of a prescription drug or device to a
patient, including the packaging, labeling, and security necessary to prepare and
safeguard the drug or device for supplying to a patient.
(b)
"Dispense" does not include:
(i)
prescribing or administering a drug or device; or
(ii)
delivering to a patient a sample packaged for individual use by a licensed
manufacturer or re-packager of a drug or device.
(2)
"Dispensing practitioner" means an individual who:
(a)
is currently licensed as:
(i)
a physician and surgeon under
Chapter 67, Utah Medical Practice Act
;
(ii)
an osteopathic physician and surgeon under
Chapter 68, Utah Osteopathic
Medical Practice Act
;
(iii)
an advanced practice registered nurse under
Subsection
58-31b-301(2)(d)
Subsections
58-31b-301(2)(a)
through
(b)
;
(iv)
a physician assistant under
Chapter 70a, Utah Physician Assistant Act
; or
(v)
a dentist under Chapter 69, Dentist and Dental Hygienist Practice Act;
(b)
is authorized by state law to prescribe and administer drugs in the course of
professional practice; and
(c)
practices at a licensed dispensing practice.
(3)
"Drug" means the same as that term is defined in Section
58-17b-102
.
(4)
"Health care practice" means:
(a)
a health care facility as defined in Section
26B-2-201
; or
(b)
the offices of one or more private prescribers, whether for individual or group
practice.
(5)
"Licensed dispensing practice" means a health care practice that is licensed as a
dispensing practice under Section
58-88-202
.
Section 48. Section
63I-2-258
is amended to read:
63I-2-258
Effective
05/06/26
. Repeal dates: Title 58.
Reserved
(1)
Subsection
58-31b-302(2)(c)
, regarding
a licensed advanced practice registered nurse's
authority to perform minor surgical procedures, is repealed July 1, 2028
.
(2)
Subsection
58-70a-501(1)(b)
,
regarding a licensed physician assistant's authority to
perform minor surgical procedures, is repealed July 1, 2028.
Section 49.
Repealer.
Duties of directing physician.
Title of chapter.
Scope of licenses -- Practicing without license prohibited.
Short title.
Provision for current practitioners.
Acupuncture license not authorizing medical practice -- Insurance
payments.
Section 50.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:03 AM