Occupational and Professional Licensing Amendments

203
58-1-102
58-1-108
58-1-301.5
58-1-302
58-1-310
58-1-401
58-1-501
58-1-502
58-3a-304
58-4a-105
58-4a-107
58-5a-306
58-11a-302
58-11a-302.5
58-11a-302.13
58-11a-302.21
58-11a-302.23
58-11a-302.24
58-11a-302.25
58-11a-302.26
58-13-5
58-15-101
58-16a-305
58-16a-502
58-16a-801
58-17b-201
58-17b-306
58-17b-308
58-17b-309
58-17b-501
58-17b-502
58-17b-606
58-17b-607
58-17b-615
58-22-103
58-24b-201
58-26a-302
58-31b-303
58-31b-702
58-37-2
58-37-10
58-37c-8
58-37c-17
58-37f-301
58-37f-303
58-37f-304
58-37f-402
58-37f-702
58-37f-703
58-40a-305
58-49-4
58-49-5
58-49-6
58-60-102
58-60-102.5
58-60-108
58-60-117
58-60-207
58-60-405
58-60-502
58-60-506
58-60-508
58-60-511
58-60-601
58-61-102
58-61-301
58-61-307
58-61-401
58-61-501
58-63-302
58-64-302
58-67-502
58-68-802
58-69-502
58-70a-503
58-72-302
58-73-102
58-73-302
58-73-401
58-73-501
58-73-601
58-74-302
58-76-603
58-81-103
58-87-202
58-87-203
58-88-201
58-88-204
0
Occupational and Professional Licensing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: A. Cory Maloy
LONG TITLE
General Description:
This bill modifies Title 58, Occupations and Professions.
Highlighted Provisions:
This bill:
removes pronouns;
updates language to remove archaic terminology;
corrects typographical errors;
creates a legacy cosmetology/barbering license; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-1-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
58-1-108
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 223
58-1-301.5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 236
58-1-302
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 104
58-1-310
Effective
07/01/26
, as enacted by Laws of Utah 2019, Chapter 198
58-1-401
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 404
58-1-501
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 138
58-1-502
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-3a-304
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-4a-105
Effective
07/01/26
, as enacted by Laws of Utah 2020, Chapter 107
58-4a-107
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 420
58-5a-306
Effective
07/01/26
, as last amended by Laws of Utah 2015, Chapter 230
58-11a-302
Effective
07/01/26
, as repealed and reenacted by Laws of Utah 2025,
Chapter 491
58-11a-302.5
Effective
07/01/26
, as last amended by Laws of Utah 2020, Sixth Special
Session, Chapter 5
58-11a-302.13
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 491
58-11a-302.21
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 491
58-11a-302.23
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 491
58-11a-302.24
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 491
58-11a-302.25
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 491
58-13-5
Effective
07/01/26
Repealed
07/01/26
, as last amended by Laws of Utah
2023, Chapter 328
58-15-101
Effective
07/01/26
Repealed
07/01/35
, as renumbered and amended by
Laws of Utah 2022, Chapter 415
58-16a-305
Effective
07/01/26
, as last amended by Laws of Utah 2012, Chapter 256
58-16a-502
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 25
58-16a-801
Effective
07/01/26
, as last amended by Laws of Utah 2012, Chapter 256
58-17b-201
Effective
07/01/26
, as last amended by Laws of Utah 2010, Chapter 287
58-17b-306
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 443
58-17b-308
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-17b-309
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 328
58-17b-501
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 328
58-17b-502
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapters 273,
317, 321, and 328
58-17b-606
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 328
58-17b-607
Effective
07/01/26
, as enacted by Laws of Utah 2004, Chapter 280
58-17b-615
Effective
07/01/26
, as enacted by Laws of Utah 2004, Chapter 280
58-22-103
Effective
07/01/26
, as last amended by Laws of Utah 2013, Chapter 400
58-24b-201
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 507
58-26a-302
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 283
58-31b-303
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapters 277,
415
58-31b-702
Effective
07/01/26
, as last amended by Laws of Utah 2005, Chapter 50
58-37-2
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 396
58-37-10
Effective
07/01/26
, as last amended by Laws of Utah 2013, Chapter 278
58-37c-8
Effective
07/01/26
, as last amended by Laws of Utah 2013, Chapters 262, 413
58-37c-17
Effective
07/01/26
, as last amended by Laws of Utah 2013, Chapter 278
58-37f-301
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
58-37f-303
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 340
58-37f-304
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 507
58-37f-402
Effective
07/01/26
, as last amended by Laws of Utah 2018, Chapter 318
58-37f-702
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 329
58-37f-703
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 415
58-40a-305
Effective
07/01/26
, as enacted by Laws of Utah 2006, Chapter 206
58-49-4
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 249
58-60-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 367
58-60-102.5
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 420
58-60-108
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 404
58-60-117
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-60-207
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 420
58-60-405
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 443
58-60-502
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 420
58-60-506
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 213,
443
58-60-508
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 393
58-60-601
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 420
58-61-102
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 420
58-61-301
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 228,
420
58-61-307
Effective
07/01/26
, as last amended by Laws of Utah 2018, Chapter 415
58-61-401
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 404
58-61-501
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-63-302
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 443
58-64-302
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 443
58-67-502
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 392
58-68-802
Effective
07/01/26
, as enacted by Laws of Utah 1996, Chapter 248
58-69-502
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 25
58-70a-503
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 392
58-72-302
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-73-102
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 240
58-73-302
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 443
58-73-401
Effective
07/01/26
, as last amended by Laws of Utah 2011, Chapter 366
58-73-501
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 415
58-73-601
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 269
58-74-302
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 198
58-76-603
Effective
07/01/26
, as enacted by Laws of Utah 2002, Chapter 218
58-81-103
Effective
07/01/26
, as last amended by Laws of Utah 2014, Chapter 49
58-87-202
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 225
58-87-203
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2017,
Chapter 225
58-88-201
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 276
58-88-204
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 353
ENACTS:
58-11a-302.26
Effective
07/01/26
, Utah Code Annotated 1953
REPEALS:
58-49-5
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 339
58-49-6
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 249
58-60-511
Effective
07/01/26
, as last amended by Laws of Utah 2012, Chapter 179
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-1-102
is amended to read:
58-1-102
Effective
07/01/26
. Definitions.
As used in this title:
(1)
(a)
"Ablative procedure" means the same as that term is defined in Section
58-67-102
.
(b)
"Ablative procedure" does not include laser tattoo removal.
(2)
"Cosmetic medical procedure":
(a)
means the same as that term is defined in Section
58-67-102
; and
(b)
except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
Medical Practice Act, does not apply to the scope of practice of an individual
licensed under this title if the individual's scope of practice includes the authority to
operate or perform surgical procedures.
(3)
"Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
to reduce fat deposits in certain areas of the body.
(4)
"Department" means the Department of Commerce.
(5)
"Director" means the director of the Division of Professional Licensing.
(6)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(7)
"DOD civilian" means the same as that term is defined in Section
53H-11-202
.
(8)
"Executive director" means the executive director of the Department of Commerce.
(9)
"License" includes any license, certificate, registration, or permit authorized in
accordance with this title.
(9)
(10)
"Licensee" includes any holder of a license, certificate, registration, permit,
student card, or apprentice card authorized
under
in accordance with
this title.
(10)
(11)
(a)
(i)
"Nonablative procedure" means a procedure that is expected or
intended to alter living tissue, but not intended or expected to excise, vaporize,
disintegrate, or remove living tissue.
(ii)
Notwithstanding Subsection
(10)(a)(i)
(11)(a)(i)
, nonablative procedure includes
hair removal and cryolipolysis.
(b)
"Nonablative procedure" does not include:
(i)
a superficial procedure;
(ii)
the application of permanent make-up;
(iii)
laser tattoo removal; or
(iv)
the use of photo therapy and lasers for neuromusculoskeletal treatments that are
performed by an individual licensed under this title who is acting within their
scope of practice.
(11)
(12)
"Pain clinic" means:
(a)
a clinic that advertises its primary purpose is the treatment of chronic pain; or
(b)
a clinic in which greater than 50% of the clinic's annual patient population receive
treatment primarily for non-terminal chronic pain using Schedule II-III controlled
substances.
(12)
(13)
"Superficial procedure" means a procedure that is expected or intended to
temporarily alter living skin tissue and may excise or remove stratum corneum but have
no appreciable risk of damage to any tissue below the stratum corneum.
(13)
(14)
"Telemedicine service" means the same as that term is defined in Section
26B-4-704
.
(14)
(15)
"Unlawful conduct" means the same as that term is defined in Subsection
58-1-501(1)
.
(15)
(16)
"Unprofessional conduct" means the same as that term is defined in Subsection
58-1-501(2)
.
Section 2. Section
58-1-108
is amended to read:
58-1-108
Effective
07/01/26
. Adjudicative proceedings.
(1)
The division and
all
boards created
under
in accordance with
this title, including the
members of a board designated under Subsection
58-1-109(3)
, shall comply with the
procedures and requirements of
Title 13, Chapter 1, Department of Commerce
, and
Title
63G, Chapter 4, Administrative Procedures Act
, in all of their adjudicative proceedings
as defined by Subsection
63G-4-103(1)
.
(2)
Before proceeding under Section
63G-4-502
, the division shall review the proposed
action with a committee of
no less than
at least
three licensees appointed by the
chairman
chairperson
of the licensing board created under this title for the profession of
the person against whom the action is proposed.
(3)
Notwithstanding
Title 63G, Chapter 4, Administrative Procedures Act
, a warning or
final disposition letter
which
that
does not constitute disciplinary action against the
addressee, issued in response to a complaint of unprofessional or unlawful conduct
under this title, does not constitute an adjudicative proceeding.
Section 3. Section
58-1-301.5
is amended to read:
58-1-301.5
Effective
07/01/26
. Division access to Bureau of Criminal
Identification records -- Criminal background check requirement.
(1)
As used in this section, "applicant" means an individual applying for licensure or
certification, or with respect to a license or certification, applying for renewal,
reinstatement, or relicensure or recertification, as required in:
(a)
Section
58-5a-302
;
(b)
Section
58-16a-302
;
(c)
Section
58-17b-303
;
(d)
Section
58-17b-304
;
(e)
Section
58-17b-305
;
(f)
Section
58-17b-306
;
(g)
Section
58-24b-302
;
(h)
Section
58-31b-302
;
(i)
Section
58-42a-302
;
(j)
Section
58-44a-302
;
(k)
Section
58-47b-302
;
(l)
Section
58-55-302
;
(m)
Section
58-47b-302.2
;
(n)
Section
58-49-4
;
(n)
(o)
Section
58-60-205
;
(o)
(p)
Section
58-60-305
;
(p)
(q)
Section
58-60-405
;
(q)
(r)
Section
58-60-506
;
(r)
(s)
Section
58-61-304
;
(s)
(t)
Section
58-63-302
;
(t)
(u)
Section
58-64-302
;
(u)
(v)
Section
58-67-302
;
(v)
(w)
Section
58-68-302
;
(w)
(x)
Section
58-69-302
;
(x)
(y)
Section
58-70a-302
;
(y)
(z)
Section
58-70b-302
;
(z)
(aa)
Section
58-71-302
;
or
(aa)
(bb)
Section
58-73-302
.
; or
(cc)
Section
58-89-104
.
(2)
The division shall have direct access to local files
maintained by
the Bureau of
Criminal Identification
maintains
under Title 53, Chapter 10, Part 2, Bureau of Criminal
Identification, for background screening of an applicant.
(3)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section
53-10-108
; and
(b)
includes:
(i)
convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
abeyance, dismissed charges, and charges without a known disposition; and
(ii)
criminal background information maintained under Title 53, Chapter 10, Part 2,
Bureau of Criminal Identification.
(4)
The division may not disseminate outside of the division any criminal history record
information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of
this section.
(5)
To fulfill an applicable criminal background check requirement, an applicant shall:
(a)
submit fingerprints in a form acceptable to the division at the time the applicant files
a license application or a registration; and
(b)
consent to a fingerprint background check
conducted by
the Bureau of Criminal
Identification and the Federal Bureau of Investigation
conduct
regarding the
application.
(6)
(a)
Upon receiving fingerprints from an applicant in accordance with Subsection
(5)
,
the division shall:
(i)
collect from each applicant submitting fingerprints in accordance with this section:
(A)
the fee that the Bureau of Criminal Identification is authorized to collect for
the services provided under Section
53-10-108
; and
(B)
the fee
charged by
the Federal Bureau of Investigation
charges
for
fingerprint processing for the purpose of obtaining federal criminal history
record information;
(ii)
submit from each applicant the fingerprints and the fees described in Subsection
(6)(a)(i)
to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver
approved by
the Bureau of
Criminal Identification
approves
in accordance with Section
53-10-108
for each
applicant.
(b)
The fees described in Subsection
(6)(a)(i)
are in addition to other fees
authorized by
this chapter
authorizes
.
(7)
In accordance with the requirements of Section
53-10-108
, the Bureau of Criminal
Identification shall:
(a)
check the fingerprints submitted under Subsection
(5)(a)
against the applicable state
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(8)
(a)
(i)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required under this section demonstrates, after the
applicant is licensed or registered, that the applicant failed to accurately disclose a
criminal history, the division may provide notice to the applicant that the license
or registration is immediately and automatically revoked.
(ii)
If a massage establishment owner has a criminal conviction or pending criminal
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
crime
listed by rule made by the division
the division determines by rule the
division makes
in collaboration with the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the division shall deny an
application for registration of a massage establishment.
(b)
(i)
An individual whose license has been revoked in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the revocation.
(ii)
A registered massage establishment for which the registration has been revoked
in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the
revocation.
(c)
The division shall conduct the hearing described in this Subsection
(8)
in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 4. Section
58-1-302
is amended to read:
58-1-302
Effective
07/01/26
. License by endorsement.
(1)
As used in this section:
(a)
"License" means an authorization that permits the holder to engage in the practice of
a profession regulated under this title.
(b)
"Limited supervised training permit" means a temporary authorization to work in a
limited professional capacity that would otherwise require licensure under this title.
(2)
Subject to Subsections
(4)
through
(7)
, the division shall issue a license to an applicant
who has been licensed in another state, district, or territory of the United States if:
(a)
the division determines that the license issued in the other state, district, or territory
encompasses a similar scope of practice as the license sought in this state;
(b)
the applicant has at least one year of experience practicing under the license issued in
the other state, district, or territory; and
(c)
the applicant's license is in good standing in the other state, district, or territory
where the license was issued.
(3)
Subject to the other provisions of this section, the division may issue a license to an
applicant who:
(a)
has been licensed in another state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i)
(A)
the division determines that the applicant's education, credentialing
examination, experience, and skills demonstrate competency in the profession
for which the licensure is sought in this state; and
(B)
the applicant has at least one year of experience practicing under the license
issued in the other state, district, territory, or jurisdiction; or
(ii)
the division determines that the licensure requirements of the other state, district,
territory, or jurisdiction at the time the license was issued were substantially
similar to the current requirements for the license sought in this state; or
(b)
has never been licensed in a state, district, or territory of the United States, or in a
jurisdiction outside of the United States, if:
(i)
the applicant was educated in or obtained relevant experience in a state, district, or
territory of the United States, or a jurisdiction outside of the United States; and
(ii)
the division determines that the education, credentialing examination, and
experience was substantially similar to the current education, credentialing
examination, and experience requirements for the license sought in this state.
(4)
The division may refuse to issue a license to an applicant under this section if:
(a)
the division determines that there is reasonable cause to believe that the applicant is
not qualified to receive the license in this state; or
(b)
the applicant has a previous or pending disciplinary action related to the applicant's
license.
(5)
Before the division issues a license to an applicant under this section, the applicant shall:
(a)
pay a fee
determined by the department under
the department determines in
accordance with
Section
63J-1-504
; and
(b)
produce satisfactory evidence of the applicant's identity, qualifications, and good
standing in the profession for which licensure is sought in this state.
(6)
(a)
For an applicant who is or has been licensed in another jurisdiction, but does not
satisfy the requirements of Subsection
(2)
or
(3)
, the division may evaluate and
determine whether:
(i)
the applicant is eligible for a license under this title because the applicant's
education, credentialing examination, or experience obtained in the other
jurisdiction is substantially similar to the education, credentialing examination, or
experience requirements for the license; or
(ii)
in light of the applicant's education or experience obtained in the other
jurisdiction, the applicant's education or experience would be substantially similar
to the education or experience requirements for a license under this title, if the
applicant obtains additional education or experience.
(b)
After the division chooses to evaluate an applicant under Subsection
(6)(a)
, the
division may issue a limited supervised training permit to the applicant if:
(i)
the applicant has an employment offer from an employer in the state;
(ii)
the employer attests to the division that the applicant will work under the
direct
supervision
level of supervision the division requires by rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
of an
individual who:
(A)
holds a license in good standing of the same classification as the limited
supervised training permit; and
(B)
has held the license for a minimum period of time
defined by
the division

defines by rule the division makes in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
;
(iii)
(A)
the division needs additional time to make a determination under
Subsection
(6)(a)(i)
; or
(B)
the division determines under Subsection
(6)(a)(ii)
that additional education or
experience would make the applicant's education or experience substantially
similar to the education or experience requirements for a license under this
title, the applicant wishes to pursue the education or experience, and the
division
establishes
makes
a deadline for the applicant to complete the
additional education or experience;
(iv)
the applicant pays a fee
determined by the department under
the department
determines in accordance with
Section
63J-1-504
;
(v)
the applicant meets the minimum professional standards to work in a supervised
environment that the division, in consultation with the applicable board,
establishes for the applicable profession;
(vi)
the applicant submits to a background check, if required for the license for which
the applicant applied; and
(vii)
the applicant meets with the applicable board, if requested, to evaluate the
applicant's qualifications.
(c)
(i)
A limited supervised training permit issued under this Subsection
(6)
expires:
(A)
on the deadline that the division
establishes
makes
for the applicant to
complete the additional education or experience described in Subsection
(6)(b)(iii)(B)
; or
(B)
upon the division's grant or denial of the applicant's application for licensure
by endorsement.
(ii)
The division may not renew or otherwise extend a limited supervised training
permit unless:
(A)
a circumstance or hardship arose beyond the limited supervised training
permit holder's control that prevented the limited supervised training permit
holder from completing the licensure process;
(B)
the limited supervised training permit holder presents satisfactory evidence to
the division that the limited supervised training permit holder is making
reasonable progress toward obtaining licensure in the state;
(C)
the division grants the renewal or extension for a period proportionate to the
circumstance or hardship; and
(D)
the limited supervised training permit holder's employer consents in writing to
the renewal or extension.
(7)
The division, in consultation with the applicable licensing board, may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing
the administration and requirements of this section.
(8)
(a)
The provisions of this section control over any conflicting licensure by
endorsement provision in another chapter of this title.
(b)
The division, in consultation with the applicable licensing board and professional
educators that help establish and monitor educational requirements for the profession
of the applicant under review, shall ensure that the provisions of this section apply
uniformly to the administration and enforcement of licensure by endorsement for
each license type under this title.
(9)
The division shall compile and post on the division's website an annual report that
includes:
(a)
the number of licenses and limited supervised training permits issued under this
section during the preceding year;
(b)
each determination in which the division deems specified education, credentialing
examination, experience, or skills substantially similar to the education, credentialing
examination, experience, or skills required for a license sought under this section; and
(c)
documentation of each instance in which the applicable board disagreed with the
division's determination that an applicant's education, credentialing examination,
experience, or skills from another jurisdiction were substantially similar to the
education, credentialing examination, experience, or skills required for the license
sought under this section.
Section 5. Section
58-1-310
is amended to read:
58-1-310
Effective
07/01/26
. Application for division determination regarding
criminal conviction.
(1)
An individual with a criminal record may apply to the division at any time for a
determination of whether the individual's criminal record would disqualify the individual
from obtaining a license in an occupation or profession regulated by this title if the
individual has completed or were to complete all other licensing requirements for the
occupation or profession.
(2)
To receive a determination, the individual shall submit the application described in this
section in a form
prescribed by the division
the division approves
and shall include
information regarding:
(a)
the individual's complete criminal conviction history;
(b)
what occupational or professional license the individual is interested in seeking;
(c)
what licensing requirements
have been met by the individual
the individual meets
;
(d)
what licensing requirements
have not yet been met by the individual
the individual
has not met
; and
(e)
any other information
required by the division as established by division rule made
the division requires by rule the division makes
in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
.
(3)
The division may charge the individual a fee, established in accordance with Section
63J-1-504
, to submit an application under this section.
(4)
Within
30
90
days of the day on which the division receives a completed application
from an individual for a determination under this section, based on the statutory
authority and administrative rules governing the occupation or profession at the time of
the application, the division shall provide a written determination to the individual of
whether the individual's criminal record would disqualify the individual from obtaining
a license in an occupation or profession
regulated by
this title
regulates
if the
individual were to complete all other licensing requirements.
(5)
If the individual's criminal record would disqualify the individual from obtaining a
license in an occupation or profession
regulated by
this title
regulates
, the written
determination described in Subsection
(4)
may also include information regarding
additional steps the individual could take to qualify for licensure.
Section 6. Section
58-1-401
is amended to read:
58-1-401
Effective
07/01/26
. 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
engages
in unprofessional conduct, as
defined by
statute or rule under this title

defines
;
(b)
the applicant or licensee
has engaged
engages
in unlawful conduct as
defined by
statute under this title
defines
;
(c)
the applicant or licensee has been determined to be mentally incompetent by a court
of competent jurisdiction
a court with jurisdiction determines that the applicant is
mentally incompetent
; or
(d)
subject to Subsections
58-31b-401(7)
,
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
a mental or
physical illness or condition, or engagement in any of the behaviors listed in
Subsection
58-1-501(2)(a)(v)
, 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
A licensee with a license that has been suspended,
revoked, placed on probation, or restricted, may apply for reinstatement of the license at
reasonable intervals when the licensee complies with the conditions that statute, rule, or
the terms of the suspension, revocation, probation, or restriction impose
.
(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
that
engages in or represents that the person is engaged in an
occupation or profession regulated under this title; and
(c)
a person
who
that
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
that
the applicant or licensee, including a progress report from the applicant's or
licensee's probation or parole officer
, provides
;
(vi)
other evidence of rehabilitation
provided by
the applicant or licensee
provides
;
(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
provides
.
Section 7. Section
58-1-501
is amended to read:
58-1-501
Effective
07/01/26
. Unlawful and unprofessional conduct.
(1)
"Unlawful conduct" means conduct, by any person, that is defined as unlawful under
this title and includes
:
when the person:
(a)
practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting
practices or engages in, represents oneself to be practicing or engaging in,
or attempts
to practice or engage in any profession requiring licensure under this title,
except the behavioral health technician under Chapter 60, Part 6, Behavioral Health
Coach and Technician Licensing Act, if the person is:
(i)
not licensed to do so or not exempted from licensure under this title; or
(ii)
restricted from doing so by a suspended, revoked, restricted, temporary,
probationary, or inactive license;
(b)
(i)
impersonating
impersonates
another licensee or practicing a profession under
a false or assumed name, except as permitted by law; or
(ii)
for a licensee who has had a license under this title reinstated following
disciplinary action, practicing the same profession using a different name than the
name used before the disciplinary action, except as permitted by law and after
notice to, and approval by, the division;
(c)
knowingly
employing
employs
any other person to practice or engage in or attempt
to practice or engage in any profession licensed under this title if the employee is not
licensed to do so under this title;
(d)
knowingly
permitting
permits
the person's authority to practice or engage in any
profession licensed under this title to be used by another, except as permitted by law;
(e)
obtaining
obtains
a passing score on a licensure examination, applying for or
obtaining a license, or otherwise dealing with the division or a licensing board
through the use of fraud, forgery, or intentional deception, misrepresentation,
misstatement, or omission;
(f)
(i)
issuing, or aiding and abetting
issues, or engages in aiding and abetting
in the
issuance of, an order or prescription for a drug or device to a person located in this
state:
(A)
without prescriptive authority conferred by a license issued under this title, or
by an exemption to licensure under this title; or
(B)
with prescriptive authority conferred by an exception issued under this title or
a multistate practice privilege recognized under this title, if the prescription
was issued without first obtaining information, in the usual course of
professional practice, that is sufficient to establish a diagnosis, to identify
underlying conditions, and to identify contraindications to the proposed
treatment; and
(ii)
Subsection
(1)(f)(i)
does not apply to treatment rendered in an emergency, on-call
or cross coverage situation, provided that the person
who
that
issues the
prescription has prescriptive authority conferred by a license under this title, or is
exempt from licensure under this title; or
(g)
aiding or abetting
engages in aiding or abetting
any other person to violate any
statute, rule, or order regulating a profession under this title.
(2)
(a)
"Unprofessional conduct" means conduct, by a licensee or applicant, that is
defined as unprofessional conduct under this title or under any rule adopted under
this title and includes
:
when a licensee or applicant:
(i)
violating
violates
any statute, rule, or order regulating
an
a profession under
this title;
(ii)
violating, or aiding or abetting
violates or engages in aiding or abetting
any
other person to violate, any generally accepted professional or ethical standard
applicable to an occupation or profession regulated under this title;
(iii)
subject to the provisions of Subsection
(4)
,
engaging
engages
in conduct that
results in conviction, a plea of nolo contendere, or a plea of guilty or nolo
contendere that is held in abeyance pending the successful completion of
probation with respect to a crime that, when considered with the functions and
duties of the profession for which the license was issued or is to be issued, bears a
substantial relationship to the licensee's or applicant's ability to safely or
competently practice the profession;
(iv)
engaging
engages
in conduct that results in disciplinary action, including
reprimand, censure, diversion, probation, suspension, or revocation, by any other
licensing or regulatory authority having jurisdiction over the licensee or applicant
in
the same
any
profession if the conduct would, in this state, constitute grounds
for denial of licensure or disciplinary proceedings under Section
58-1-401
;
(v)
engaging
engages
in conduct, including the use of intoxicants, drugs, narcotics,
or similar chemicals, to the extent that the conduct does, or might reasonably be
considered to, impair the ability of the licensee or applicant to
safely engage in
the profession
perform licensed duties with reasonable skill and safety
;
(vi)
practicing or attempting
practices or attempts
to practice a profession regulated
under this title despite being physically or mentally unfit to do so;
(vii)
practicing or attempting
practices or attempts
to practice a
or
profession
regulated under this title through gross incompetence, gross negligence, or a
pattern of incompetency or negligence;
(viii)
practicing or attempting
practices or attempts
to practice a profession requiring
licensure under this title by any form of action or communication which is false,
misleading, deceptive, or fraudulent;
(ix)
practicing or attempting
practices or attempts
to practice a profession regulated
under this title beyond the scope of the licensee's competency, abilities, or
education;
(x)
practicing or attempting
practices or attempts
to practice a profession regulated
under this title beyond the scope of the licensee's license;
(xi)
acts or attempts to act to prohibit or inhibit the ability of a licensee's customer,
patient, or other consumer of the licensee's goods or services from making a
complaint to a licensing or regulatory authority, including through the use of a
contract provision;
(xi)
(xii)
verbally, physically, mentally, or sexually
abusing or exploiting
abuses or
exploits
any person through conduct connected with the licensee's practice under
this title or otherwise facilitated by the licensee's license;
(xii)
(xiii)
acting
acts
as a supervisor without meeting the qualification
requirements for that position that are defined by statute or rule;
(xiii)
(xiv)
issuing, or aiding and abetting
issues, or engages in aiding and abetting

in the issuance of, an order or prescription for a drug or device:
(A)
without first obtaining information in the usual course of professional
practice, that is sufficient to establish a diagnosis, to identify conditions, and to
identify contraindications to the proposed treatment; or
(B)
with prescriptive authority conferred by an exception issued under this title, or
a multi-state practice privilege recognized under this title, if the prescription
was issued without first obtaining information, in the usual course of
professional practice, that is sufficient to establish a diagnosis, to identify
underlying conditions, and to identify contraindications to the proposed
treatment;
(xiv)
(xv)
violating
violates
a provision of Section
58-1-501.5
;
(xv)
(xvi)
violating
violates
the terms of an order governing a license; or
(xvi)
(xvii)
violating
violates
Section
58-1-511
.
(b)
"Unprofessional conduct"
"Unprofessional conduct"
does not include:
(i)
a health care provider, as defined in Section
78B-3-403
and who is licensed under
this title, deviating from medical norms or established practices if the conditions
described in Subsection
(5)
are met; and
(ii)
notwithstanding Section
58-1-501.6
, a health care provider advertising that the
health care provider deviates from medical norms or established practices,
including the maladies the health care provider treats, if the health care provider:
(A)
does not guarantee any results regarding any health care service;
(B)
fully discloses on the health care provider's website that the health care
provider deviates from medical norms or established practices with a
conspicuous statement; and
(C)
includes the health care provider's contact information on the website.
(3)
Unless otherwise specified by statute or administrative rule, in a civil or administrative
proceeding
commenced by
that
the division
commences
under this title, a person
subject to any of the unlawful and unprofessional conduct provisions of this title is
strictly liable for each violation.
(4)
The following are not evidence of engaging in unprofessional conduct under Subsection
(2)(a)(iii)
:
(a)
an arrest not followed by a conviction; or
(b)
a conviction for which an individual's incarceration has ended more than five years
before the date of the division's consideration, unless:
(i)
after the incarceration the individual has engaged in additional conduct that results
in another conviction, a plea of nolo contendere, or a plea of guilty or nolo
contendere that is held in abeyance pending the successful completion of
probation; or
(ii)
the conviction was for:
(A)
a violent felony as defined in Section
76-3-203.5
;
(B)
a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4,
Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act;
(C)
a felony related to criminal fraud or embezzlement, including a felony under
Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft; or
(D)
a crime or a pattern of crimes that demonstrates a substantial potential to harm
Utah patients or consumers, as
may be determined by
the director
may
determine
in a process
defined by rule made
the division defines by rule the
division makes
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(5)
In accordance with Subsection
(2)(b)(i)
, a health care provider may deviate from
medical norms or established practices if:
(a)
the health care provider does not deviate outside of the health care provider's scope
of practice and possesses the education, training, and experience to competently and
safely administer the alternative health care service;
(b)
the health care provider does not provide an alternative health care service that is
otherwise contrary to any state or federal law;
(c)
the alternative health care service has reasonable potential to be of benefit to the
patient to whom the alternative health care service is to be given;
(d)
the potential benefit of the alternative health care service outweighs the known
harms or side effects of the alternative health care service;
(e)
the alternative health care service is reasonably justified under the totality of the
circumstances;
(f)
after diagnosis but before providing the alternative health care service:
(i)
the health care provider educates the patient on the health care services that are
within the medical norms and established practices;
(ii)
the health care provider discloses to the patient that the health care provider is
recommending an alternative health care service that deviates from medical norms
and established practices;
(iii)
the health care provider discusses the rationale for deviating from medical norms
and established practices with the patient;
(iv)
the health care provider discloses any potential risks associated with deviation
from medical norms and established practices; and
(v)
the patient signs and acknowledges a notice of deviation; and
(g)
before providing an alternative health care service, the health care provider discloses
to the patient that the patient may enter into an agreement describing what would
constitute the health care provider's negligence related to deviation.
(6)
As used in this section, "notice of deviation" means a written notice
provided by
a
health care provider
provides
to a patient that:
(a)
is specific to the patient;
(b)
indicates that the health care provider is deviating from medical norms or established
practices in the health care provider's recommendation for the patient's treatment;
(c)
describes how the alternative health care service deviates from medical norms or
established practices;
(d)
describes the potential risks and benefits associated with the alternative health care
service;
(e)
describes the health care provider's reasonably justified rationale regarding the
reason for the deviation; and
(f)
provides clear and unequivocal notice to the patient that the patient is agreeing to
receive the alternative health care service which is outside medical norms and
established practices.
Section 8. Section
58-1-502
is amended to read:
58-1-502
Effective
07/01/26
. Unlawful and unprofessional conduct -- Penalties.
(1)
(a)
Unless otherwise specified in this title, a person who violates the unlawful
conduct provisions defined in this title is guilty of a class A misdemeanor.
(b)
Unless a specific fine amount is specified elsewhere in this title, the director or the
director's designee may assess an administrative fine of up to $1,000 for each
instance of unprofessional or unlawful conduct defined in this title.
(2)
(a)
In addition to any other statutory penalty for a violation related to a specific
occupation or profession regulated by this title, if upon inspection or investigation,
the division concludes that a person has violated Subsection
58-1-501(1)(a)
,
(1)(c)
,
(1)(g)
, or
(2)(a)(xv)
(2)(a)(xvi)
, or a rule or order issued with respect to those
subsections, and that disciplinary action is appropriate, the director or the director's
designee from within the division shall promptly:
(i)
issue a citation to the person according to this section and any pertinent rules;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
notify the person to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act
.
(b)
(i)
The division may assess a fine under this Subsection
(2)
against a person who
violates Subsection
58-1-501(1)(a)
,
(1)(c)
,
(1)(g)
, or
(2)(a)(xv)
(2)(a)(xvi)
, or a
rule or order issued with respect to those subsections, as evidenced by:
(A)
an uncontested citation;
(B)
a stipulated settlement; or
(C)
a finding of a violation in an adjudicative proceeding.
(ii)
The division may, in addition to or in lieu of a fine under Subsection
(2)(b)(i)
,
order the person to cease and desist from violating Subsection
58-1-501(1)(a)
,
(1)(c)
,
(1)(g)
, or
(2)(a)(xv)
(2)(a)(xvi)
, or a rule or order issued with respect to
those subsections.
(c)
Except for a cease and desist order, the division may not assess the licensure
sanctions cited in Section
58-1-401
through a citation.
(d)
A citation shall:
(i)
be in writing;
(ii)
describe with particularity the nature of the violation, including a reference to the
provision of the chapter, rule, or order alleged to have been violated;
(iii)
clearly state that the recipient must notify the division in writing within 20
calendar days of service of the citation if the recipient wishes to contest the
citation at a hearing conducted under
Title 63G, Chapter 4, Administrative
Procedures Act
; and
(iv)
clearly explain the consequences of failure to timely contest the citation or to
make payment of a fine assessed by the citation within the time specified in the
citation.
(e)
The division may issue a notice in lieu of a citation.
(f)
(i)
If within 20 calendar days from the service of the citation, the person to whom
the citation was issued fails to request a hearing to contest the citation, the citation
becomes the final order of the division and is not subject to further agency review.
(ii)
The period to contest a citation may be extended by the division for cause.
(g)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with a citation after
it
the citation
becomes
final.
(h)
The failure of an applicant for licensure to comply with a citation after
it
the citation

becomes final is a ground for denial of license.
(i)
Subject to the time limitations described in Subsection
58-1-401(6)
, the division may
not issue a citation under this section after the expiration of one year following the
date on which the violation that is the subject of the citation is reported to the
division.
(j)
The director or the director's designee shall assess fines according to the following:
(i)
for the first offense handled
pursuant to
in accordance with
Subsection
(2)(a)
, a
fine of up to $1,000;
(ii)
for a second offense handled
pursuant to
in accordance with
Subsection
(2)(a)
, a
fine of up to $2,000; and
(iii)
for each subsequent offense handled
pursuant to
in accordance with
Subsection
(2)(a)
, a fine of up to $2,000 for each day of continued offense.
(3)
(a)
An action for a first or second offense that has not yet resulted in a final order of
the division may not preclude initiation of a subsequent action for a second or
subsequent offense during the pendency of a preceding action.
(b)
The final order on a subsequent action is considered a second or subsequent offense,
respectively, provided the preceding action resulted in a first or second offense,
respectively.
(4)
(a)
The director may collect a penalty that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(c)
A court may award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 9. Section
58-3a-304
is amended to read:
58-3a-304
Effective
07/01/26
. Exemptions from licensure.
(1)
In addition to the exemptions from licensure in Section
58-1-307
, the following may
engage in the stated limited acts or practices without being licensed under this chapter:
(a)
a person offering to render architectural services in this state when not licensed under
this chapter if the person:
(i)
holds a current and valid architect license issued by a licensing authority
recognized by rule by the division in collaboration with the board;
(ii)
discloses in writing to the potential client the fact that the architect:
(A)
is not licensed in the state;
(B)
may not provide architectural services in the state until the architect is
licensed in the state; and
(C)
that such condition may cause a delay in the ability of the architect to provide
architectural services in the state;
(iii)
notifies the division in writing of
his
the person's
intent to offer to render
architectural services in the state; and
(iv)
does not provide architectural services or engage in the practice of architecture in
this state until licensed to do so;
(b)
a person preparing a plan and specification for one or two-family dwellings,
including townhouses;
(c)
a person licensed to practice professional engineering under
Title 58, Chapter 22,
Professional Engineers and Professional Land Surveyors Licensing Act
, performing
engineering or incidental architectural acts or practices that do not exceed the scope
of the education and training of the person performing architecture;
(d)
unlicensed employees, subordinates, associates, or drafters of a person licensed
under this chapter while preparing plans and specifications under the supervision of
an architect;
(e)
a person preparing a plan or specification for, or supervising the alteration of or
repair to, an existing building affecting an area not exceeding 3,000 square feet when
structural elements of a building are not changed, such as foundations, beams,
columns, and structural slabs, joists, bearing walls, and trusses; and
(f)
an organization engaged in the practice of architecture, provided that:
(i)
the organization employs a principal; and
(ii)
all individuals
employed
by
the organization
employs
, who are engaged in the
practice of architecture, are licensed or exempt from licensure under this chapter.
(2)
Nothing in this section shall be construed to restrict a person from preparing plans for a
client under the exemption provided in Subsection
(1)(b)
or taking those plans to a
licensed architect for review, approval, and subsequent fixing of the architect's seal to
that set of plans.
Section 10. Section
58-4a-105
is amended to read:
58-4a-105
Effective
07/01/26
. Program contract.
(1)
A licensee may enter into a program contract:
(a)
any time before the conclusion of a hearing under Section
63G-4-206
; and
(b)
if the licensee who enters into the program contract has a substance use disorder
or
the division has referred the licensee for diagnostic monitoring
.
(2)
A licensee may enter into a program contract to replace a diversion agreement the
licensee previously entered into with the department.
(3)
A licensee who does not have a substance use disorder may not enter into a program
contract with the division
A licensee may not enter into a program contract with the
division unless the licensee has a substance use disorder or the division has referred the
licensee for diagnostic monitoring
.
(4)
The committees described in Section
58-4a-104
may assist the division in evaluating or
verifying documentation showing completion of or compliance with a program contract.
(5)
A decision by the program not to permit a licensee to participate in the program is not
subject to appeal, agency review, or judicial review
A decision by the program denying
a licensee participation in the program is final and not subject to appeal, agency review,
or judicial review
.
Section 11. Section
58-4a-107
is amended to read:
58-4a-107
Effective
07/01/26
. Violation of a program contract -- Adjudicative
proceedings -- Penalties.
(1)
The division may serve an order to show cause on the licensee if the licensee:
(a)
violates any term or condition of the program contract or diversion agreement;
(b)
makes an intentional, material misrepresentation of fact in the program contract or
diversion agreement; or
(c)
violates any rule or law governing the licensee's profession.
(2)
The order to show cause described in Subsection (1) shall:
(a)
describe the alleged misconduct;
(b)
set a time and place for a hearing to determine whether the licensee's program
contract should be terminated; and
(c)
contain all of the information required by a notice of agency action in Subsection
63G-4-201(2).
(3)
(2)
Proceedings to terminate a program contract shall comply with Title 63G, Chapter
4, Administrative Procedures Act
, except the notice of agency action shall be in the
form of the order to show cause described in Subsection (2)
.
(4)
(3)
During a proceeding to terminate a program contract, the licensee, the licensee's
legal representative, and the division shall have access to information contained in the
division's program file as permitted by law.
(5)
(4)
The director shall terminate the program contract and place the licensee on
probation in accordance with rules made by the division in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act if, during the administrative
proceedings described in Subsection
(3)
(2)
, the presiding officer finds that the licensee
has:
(a)
violated the program contract;
(b)
made an intentional material misrepresentation of fact in the program contract; or
(c)
violated a law or rule governing the licensee's profession.
(6)
(5)
If, during the proceedings described in Subsection
(3)
(2)
, the presiding officer
finds that the licensee has engaged in especially egregious misconduct, the director may
revoke the licensee's license or take other appropriate disciplinary action.
(7)
(6)
A licensee who is terminated from the program may have disciplinary action taken
under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before,
during, or after the licensee's participation in the program.
Section 12. Section
58-5a-306
is amended to read:
58-5a-306
Effective
07/01/26
. Exemptions from licensure.
The following
persons
individuals
may practice podiatry, subject to stated
circumstances and limitations, without being licensed under this chapter:
(1)
a podiatric physician serving in the armed forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or other
federal agencies while engaged in activities regulated under this chapter as a part of
his
the podiatric physician's
employment with that federal agency if the
individual
podiatric physician
holds a valid license to practice podiatry
issued by
that
any other
state or jurisdiction
recognized by the division
the division recognizes issues
;
(2)
a student engaged in activities that constitute the practice of podiatry while in training in
a recognized school
approved by the division
the division approves
to the extent the
activities are under the supervision of qualified faculty or staff and the activities are a
defined part of the training program;
(3)
a person
an individual
engaged in an internship, residency, preceptorship,
postceptorship, fellowship, apprenticeship, or on-the-job training program
approved by
the division
the division approves
while under the supervision of qualified persons;
(4)
a person
an individual
residing in another state and licensed to practice podiatry there,
who is called in for a consultation by
a person
an individual
licensed in this state and
services provided are limited to that consultation or who is invited by a recognized
school, association, society, or other body
approved by the division
the division
approves
to conduct a lecture, clinic, or demonstration of the practice of podiatry so long
as that individual does not establish a place of business or regularly engage in the
practice of podiatry in the state;
(5)
a person licensed under the laws of this state to practice or engage in any other
occupation or profession while engaged in the lawful, professional, and competent
practice of that occupation or profession;
(6)
persons who fit or sell
a person that fits or sells
corrective shoes, arch supports, or
similar devices, to the extent their acts and practices involve only the fitting and selling
of these items; or
(7)
a medical assistant working under the indirect supervision of a licensed podiatric
physician, if the medical assistant:
(a)
engages only in tasks appropriately
delegated by
that
the licensed podiatric
physician
delegates
in accordance with the standards and ethics of the practice of
podiatry, and consistent with this chapter;
(b)
does not perform surgical procedures;
(c)
does not prescribe prescription medications;
(d)
does not administer anesthesia, except for a local anesthetic; and
(e)
does not engage in other practices or procedures defined by the division by rule made
in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, and
in collaboration with the board.
Section 13. Section
58-11a-302
is amended to read:
58-11a-302
Effective
07/01/26
. General qualifications for licensure and
permitting.
(1)
An applicant for a license or permit under this chapter shall:
(a)
(i)
submit an application in a form
prescribed by
the division
approves
; and
(ii)
pay a fee
determined by the division in compliance with
the division determines
in accordance with
Section
63J-1-504
;
(b)
provide satisfactory documentation of completion of required minimum service
counts,
certified by the applicant's school
that the applicant's school certifies
, or, if
under an apprenticeship, the applicant's supervisor; and:
(i)
compliance with educational requirements of the respective license or permit; or
(ii)
completion of an approved apprenticeship; and
(c)
pass an examination, as
required by administrative rule established by the division
the division requires by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(2)
(a)
The division shall establish administrative rules to determine how many hours for
an existing license or permit that an applicant may credit towards the hours required
for an additional permit or license.
(b)
An individual that holds a
cosmetology
legacy cosmetology/barbering
license may
count 600 hours as a cosmetologist to satisfy the 1,200 total hours requirement for a
master esthetics license.
Section 14. Section
58-11a-302.5
is amended to read:
58-11a-302.5
Effective
07/01/26
. Online curriculum for a licensed school.
A barber school, cosmetology/barber school, electrologist school, esthetics school, hair
design school, or nail technology
A
school licensed under this chapter may offer up to 50% of
the school's total per program curriculum online in accordance with standards
adopted by
that
an applicable nationally recognized accrediting organization
adopts
.
Section 15. Section
58-11a-302.13
is amended to read:
58-11a-302.13
Effective
07/01/26
. Practice of cosmetology -- Cosmetology
license -- Qualifications.
(1)
The practice of cosmetology includes:
(a)
styling, arranging, dressing, curling, waving, cleaning, singeing, bleaching, tinting,
coloring, permanent waving, or similarly treating the hair of the head of an individual;
(b)
cutting, clipping, or trimming the hair by using scissors, shears, clippers, or other
appliances;
(c)
engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
drying;
(d)
removing hair from the face or neck of an individual by using shaving equipment;
(e)
arching eyebrows by tweezing
or waxing
, tinting
eyelashes or
eyebrows
or eyelashes
, or perming eyelashes or eyebrows;
(f)
manual hair removal;
(g)
cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays or
masks, and manual extraction, including a comedone extractor;
(h)
limited chemical exfoliation as
defined
by
administrative rules made
by
the
division
the division defines by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
;
(i)
cutting, curling, styling, fitting, measuring, or forming caps for wigs and hairpieces
on the human head;
(j)
practicing hair weaving or hair fusing or servicing previously medically implanted
hair;
(k)
trimming, cutting, cleaning, manicuring, shaping, massaging hands to elbows and
feet to knees, or enhancing the appearance of the hands, feet, and nails of an
individual by using the cosmetologist's hands, mechanical or electrical preparation,
antiseptic, lotion, or cream;
(l)
natural nail manicures and pedicures;
(m)
applying and removing sculptured or artificial nails; and
(n)
using blades, including corn or callus planer or rasp, for smoothing, shaving, or
removing dead skin from the feet.
(2)
An individual may not engage in the practice of cosmetology unless the individual holds
a cosmetology license.
(3)
An applicant for a cosmetology license shall comply with the requirements in Section
58-11a-302
and:
(a)
attend a licensed or recognized school and complete a curriculum that:
(i)
covers:
(A)
barbering;
(B)
haircutting;
(C)
chemical hair services;
(D)
manual hair removal;
(E)
eyelash and eyebrow technology, except for eyelash extensions;
(F)
basic esthetics; and
(G)
nail technology; and
(ii)
has a minimum of 1,250 hours of instruction or the equivalent number of credit
hours; or
(b)
complete an approved cosmetologist apprenticeship.
(4)
If the applicant graduates from a recognized school with less than 1,250 hours of
instruction, the applicant may count hours practiced as a cosmetologist in a jurisdiction
other than Utah to satisfy the 1,250 total hours requirement.
(5)
An individual with a cosmetology license may be known as a cosmetologist or a barber.
(6)
An individual with a cosmetology license may apply credit hours to another license or
permit under this chapter, as allowed in Subsection
58-11a-302(2)
.
Section 16. Section
58-11a-302.21
is amended to read:
58-11a-302.21
Effective
07/01/26
. Licensed instructor -- Qualifications.
(1)
An applicant for licensure as an instructor shall:
(a)
submit an application in a form
prescribed by
the division
approves
;
(b)
subject to Subsection
(4)
, pay a fee
determined by the division under
the division
determines in accordance with
Section
63J-1-504
;
(c)
provide satisfactory documentation that the applicant is currently licensed or
permitted in the discipline that the applicant is seeking to instruct;
(d)
provide satisfactory documentation that the applicant has completed six months of
work experience in the discipline the applicant intends to instruct and:
(i)
an instructor training program
for the discipline for which the applicant is
licensed, by a licensed or recognized school for a minimum of 35% of the
minimum hours for the license or permit the applicant intends to instruct
of 75
clock hours
; or
(ii)
an
on-the-job
instructor training for the discipline for which the applicant is
licensed, by a licensed or recognized school for a minimum of 35% of the
minimum hours for the license or permit the applicant intends to instruct
training
program of 75 clock hours
; and
(e)
meet the examination requirement
established by administrative rules made by the
division
the division requires by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
An applicant for an instructor license or permit under this chapter whose education in
the discipline for which a license or permit is sought was completed at a foreign school
may satisfy the educational requirement for licensure by demonstrating, to the
satisfaction of the division, the educational equivalency of the foreign school education
with a licensed school under this chapter.
(3)
(a)
An individual may not instruct a discipline unless the individual has an instructor
license that allows instruction of that discipline.
(b)
The division shall make rules establishing which disciplines each type of instructor
license may instruct.
(4)
The division may not charge a fee to an individual applying for licensure as an
instructor under this chapter if the individual is a licensed instructor in any other
discipline under this chapter.
(5)
The division may offer any
required examination under this section, which is prepared
by
examination this section requires that
a national testing organization
, in languages
in addition to English
prepares
.
(6)
For purposes of a national accrediting agency
recognized by
that
the United States
Department of Education
recognizes
, on-the-job instructor training described in this
section is not considered a program.
Section 17. Section
58-11a-302.23
is amended to read:
58-11a-302.23
Effective
07/01/26
. Practice of esthetics -- Legacy esthetics
license -- Qualifications.
(1)
Except as provided in Subsection
(3)
, the division may not issue
an
a legacy
esthetics
license after January 1, 2026.
(2)
An individual with
an
a legacy
esthetics license may perform any of the following
skincare procedures done on the face or body for cosmetic purposes and not for the
treatment of medical, physical, or mental ailments:
(a)
cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
masks, and manual extraction, including a comedone extractor, depilatories, waxes,
tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or
pedicures, or callous removal by buffing or filing;
(b)
limited chemical exfoliation as defined by rule;
(c)
manual hair removal;
(d)
other esthetic preparations or procedures with the use of the hands, a high-frequency
or galvanic electrical apparatus, or a heat lamp;
(e)
arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or
applying eyelash or eyebrow extensions; or
(f)
subject to the requirements described in Section
58-1-506
:
(i)
laser hair removal;
(ii)
anti-aging resurfacing enhancements; or
(iii)
photo rejuvenation.
(3)
The division shall grant
an
a legacy
esthetics license to an individual
that completes
the requirements described in Subsection
(4)
and
who
:
(a)
(i)
has registered an esthetics apprenticeship
that meets the requirements of
Subsection
(4)(a)
with the division on or before January 1, 2026;
or
and
(ii)
completes the requirements described in Subsection
(4)(a)
; or
(b)
(i)
has enrolled and started an esthetics program
that meets the requirements of
Subsection
(4)(b)
with a licensed school on or before January 1, 2026
.
; and
(ii)
completes the requirements described in Subsection
(4)(b)
.
(4)
(a)
An individual described in Subsection
(3)(a)
shall complete at least 800 hours of
apprenticeship training that is supervised by a licensed esthetics instructor who
provides one-on-one supervision of the apprentice during the apprenticeship.
(b)
An individual described in Subsection
(3)(b)
shall graduate from a licensed school
with a minimum of 600 hours or the equivalent number of credit hours.
(5)
An individual with
an
a legacy
esthetics license may apply credit hours to another
license or permit under this chapter, as allowed in Subsection
58-11a-302(2)
.
Section 18. Section
58-11a-302.24
is amended to read:
58-11a-302.24
Effective
07/01/26
. Practice of barbering -- Legacy barbering
license -- Qualifications.
(1)
Except as provided in Subsection
(3)
, the division may not issue a
legacy
barbering
license after January 1, 2026.
(2)
An individual with a
legacy
barbering license may engage in the practice of barbering,
which includes:
(a)
cutting, clipping, or trimming the hair of the head of an individual by using scissors,
shears, clippers, or other appliances;
(b)
engaging in draping, shampooing, scalp treatments, basic wet styling, and blow
drying;
(c)
cutting, wet styling, fitting, measuring, or forming caps for wigs and hairpieces on
the human head;
(d)
removing hair from the face or neck of an individual by using shaving equipment;
and
(e)
when providing other services described in this Subsection
(2)
, gently massaging the
head, back of the neck, and shoulders by manual or mechanical means.
(3)
The division shall grant a
legacy
barbering license to an individual
that completes the
requirement described in Subsection
(4)
and
who
:
(a)
(i)
has registered a barbering apprenticeship
that meets the requirements of
Subsection
(4)(a)
with the division on or before January 1, 2026;
or
and
(ii)
completes the requirements described in Subsection
(4)(a)
; or
(b)
(i)
has enrolled and started a barbering program
that meets the requirements of
Subsection
(4)(b)
with a licensed school on or before January 1, 2026
.
; and
(ii)
completes the requirements described in Subsection
(4)(b)
.
(4)
(a)
An individual described in Subsection
(3)(a)
shall complete at least 1,250 hours of
apprenticeship training that is supervised by a licensed barbering instructor who
provides one-on-one supervision of the apprentice during the apprenticeship.
(b)
An individual described in Subsection
(3)(b)
shall graduate from a licensed school
with a minimum of 1,000 hours or the equivalent number of credit hours.
(5)
An individual with a
legacy
barbering license may apply credit hours to another license
or permit under this chapter, as allowed in Subsection
58-11a-302(2)
.
Section 19. Section
58-11a-302.25
is amended to read:
58-11a-302.25
Effective
07/01/26
. License transitions.
Beginning on January 1, 2026:
(1)
a cosmetology/barbering license shall be renewed as a
cosmetology
legacy
cosmetology/barbering
license;
(2)
a master-level esthetics license shall be renewed as a master esthetics license;
(3)
a hair design license shall be renewed as a master hair design license or a master
barbering license;
(4)
an individual with a barbering license may renew the license as a
legacy
barbering
license; and
(5)
an individual with an esthetics license may renew the license as
an
a legacy
esthetics
license.
Section 20. Section
58-11a-302.26
is enacted to read:
58-11a-302.26
Effective
07/01/26
. Practice of cosmetology/barbering -- Legacy
cosmetology/barbering license -- Qualifications.
(1)
Except as provided in Subsection
(3)
, the division may not issue a legacy
cosmetology/barbering license after January 1, 2026.
(2)
An individual with a legacy cosmetology/barbering license may engage in the practice
of cosmetology/barbering, which includes the scope of practice for:
(a)
a cosmetology license under Subsection
58-11a-302.13(1)
; and
(b)
a legacy esthetics license under Subsection
58-11a-302.23(2)
.
(3)
The division shall grant a legacy cosmetology/barbering license to an individual who:
(a)
(i)
has registered a cosmetology/barbering apprenticeship that meets the
requirements of Subsection
(4)(a)
with the division on or before January 1, 2026;
and
(ii)
completes the requirements described in Subsection
(4)(a)
; or
(b)
(i)
has enrolled and started a cosmetology/barbering program that meets the
requirements of Subsection
(4)(b)
with a licensed school on or before January 1,
2026; and
(ii)
completes the requirements described in Subsection
(4)(b)
.
(4)
(a)
An individual described in Subsection
(3)(a)
shall complete at least 2,500 hours of
cosmetology/barbering apprenticeship training that is supervised by a licensed
cosmetology/barbering instructor who provides one-on-one supervision of the
apprentice during the apprenticeship.
(b)
An individual described in Subsection
(3)(b)
shall graduate from a licensed school
with a minimum of 1,600 hours or the equivalent number of credit hours.
(5)
An individual with a legacy cosmetology/barbering license may apply credit hours to
another license or permit under this chapter, as allowed in Subsection
58-11a-302(2)
.
Section 21. Section
58-13-5
is amended to read:
58-13-5
Effective
07/01/26
Repealed
07/01/26
. Information relating to
adequacy and quality of medical care -- Immunity from liability.
(1)
As used in this section, "health care provider" has the same meaning as defined in
Section
78B-3-403
.
(2)
(a)
The division, and the boards within the division that act regarding the health care
providers defined in this section, shall adopt rules to establish procedures to obtain
information concerning the quality and adequacy of health care rendered to patients
by those health care providers.
(b)
It is the duty of
an individual
a health care provider
licensed under
Title 58,
Occupations and Professions
,
as a health care provider
to furnish information
known to
him
the health care provider
with respect to health care rendered to
patients by any health care provider licensed under
Title 58, Occupations and
Professions
, as the division or a board may request during the course of the
performance of its duties.
(3)
A health care facility as defined in Section
26B-2-201
which employs, grants privileges
to, or otherwise permits a licensed health care provider to engage in licensed practice
within the health care facility, and any professional society of licensed health care
providers, shall report any of the following events in writing to the division within 60
days after the event occurs regarding the licensed health care provider:
(a)
terminating employment of an employee for cause related to the employee's practice
as a licensed health care provider;
(b)
terminating or restricting privileges for cause to engage in any act or practice related
to practice as a licensed health care provider;
(c)
terminating, suspending, or restricting membership or privileges associated with
membership in a professional association for acts of unprofessional, unlawful,
incompetent, or negligent conduct related to practice as a licensed health care
provider;
(d)
subjecting a licensed health care provider to disciplinary action for a period of more
than 30 days;
(e)
a finding that a licensed health care provider has violated professional standards or
ethics;
(f)
a finding of incompetence in practice as a licensed health care provider;
(g)
a finding of acts
of moral turpitude by
which, when considered with the functions
and duties of the profession, bear a substantial relationship to the individual's ability
to safely or competently perform the duties expected of
a licensed health care
provider; or
(h)
a finding that a licensed health care provider is engaged in abuse of alcohol or drugs.
(4)
This section does not prohibit any action by a health care facility, or professional
society comprised primarily of licensed health care providers to suspend, restrict, or
revoke the employment, privileges, or membership of a health care provider.
(5)
The data and information obtained in accordance with this section is classified as a
"protected" record under
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(6)
(a)
Any person or organization furnishing information in accordance with this section
in response to the request of the division or a board, or voluntarily, is immune from
liability with respect to information provided in good faith and without malice, which
good faith and lack of malice is presumed to exist absent clear and convincing
evidence to the contrary.
(b)
The members of the board are immune from liability for any decisions made or
actions taken in response to information
acquired by
the board
acquires
if those
decisions or actions are made in good faith and without malice, which good faith and
lack of malice is presumed to exist absent clear and convincing evidence to the
contrary.
(7)
An individual who is a member of a hospital administration, board, committee,
department, medical staff, or professional organization of health care providers, and any
hospital, other health care entity, or professional organization conducting or sponsoring
the review, is immune from liability arising from participation in a review of a health
care provider's professional ethics, medical competence,
moral turpitude
or a behavior
which, when considered with the functions and duties of the profession, bears a
substantial relationship to the individual's ability to safely or competently perform the
duties expected of a health care provider including any mental or physical illness or
condition, or engagement in any of the behaviors listed in Subsection
58-1-501(2)(a)(v)
,
or substance abuse.
(8)
This section does not exempt a person licensed under
Title 58, Occupations and
Professions
, from complying with any reporting requirements established under state or
federal law.
Section 22. Section
58-15-101
is amended to read:
58-15-101
Effective
07/01/26
Repealed
07/01/35
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Administrator" means a
person who
person that
is charged with the general
administration of a health facility, regardless of whether:
(a)
the person has an ownership interest in the facility; or
(b)
the person's functions and duties are shared with one or more persons.
(2)
"Board" means the Health Facility Administrators Licensing Board created in Section
58-15-201
.
(3)
"Health facility" means a skilled nursing facility, an intermediate care facility, or an
intermediate care facility for individuals with an intellectual disability.
(4)
"Intermediate care facility" means an institution that provides, on a regular basis, health
care and services to individuals who do not require the degree of care and treatment a
hospital or skilled nursing facility provides, but who require health care and services in
addition to room and board.
(5)
"Intermediate care facility for people with an intellectual disability" means an institution
that provides, on a regular basis, health-related care and service to individuals with
intellectual disabilities as defined in Section
68-3-12.5
or individuals with related
conditions, who do not require the degree of care and treatment a hospital or skilled
nursing facility provides, but who require health-related care and services above the
need for room and board.
(6)
"Skilled nursing facility" means an institution primarily providing inpatients with
skilled nursing care and related services on a continuing basis for patients who require
mental, medical, or nursing care, or service for the rehabilitation of an injured
individual, a sick individual, or an individual with a disability.
(7)
"Unprofessional conduct" as 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,
includes:
(a)
intentionally filing a false report or record, intentionally failing to file a report or
record
required by
that
state or federal law
requires
, or willfully impeding or
obstructing the filing of a required report. These reports or records only include
those which are signed in the capacity of a licensed health facility administrator; and
(b)
acting in a manner inconsistent with the health and safety of the patients of the
health facility in which he is the administrator
the administrator acting in a manner
inconsistent with the health and safety of a patient of the health facility that employs
the administrator
.
Section 23. Section
58-16a-305
is amended to read:
58-16a-305
Effective
07/01/26
. License -- Exemptions.
In addition to the exemptions from licensure in Section
58-1-307
, the following persons
may engage in acts included in the definition of the practice of optometry subject to the stated
circumstances and limitations without being licensed under this chapter:
(1)
a person
who
that
sells contact lenses on prescription
provided by a person
a person

provides that is
authorized under state law to practice either optometry or medicine and
surgery if the person complies with Section
58-16a-801
;
(2)
a person
who
that
sells eyeglasses or spectacles as articles of merchandise or who
fabricates them from a prescription if the person complies with Subsection
58-16a-801(2)
,
and if the person:
(a)
does so in the ordinary course of trade from a permanently located and established
place of business;
(b)
does not traffic or attempt to traffic upon assumed skill in testing the eye and
adapting lenses according to the test;
(c)
does not duplicate, replace, or accept for replacement any ophthalmic lens, except in
the case of an emergency;
(d)
does not use in the testing of the eyes any lenses or instruments other than the lenses
actually sold; and
(e)
does not give or offer eyeglasses or spectacles as premiums as defined in Section
13-26-2
; and
(3)
a person
who
that
fits contact lenses
under the following conditions
that
:
(a)
he
has a current certification from both the American Board of Opticianry and the
National Contact Lens Examiners;
(b)
he
does not give or offer contact lenses as premiums;
(c)
he
does not perform a refraction, over-refraction, or attempt to traffic upon assumed
skill in testing the eye;
(d)
he
operates in the ordinary course of trade from a permanently located and
established place of business;
(e)
he
performs the work involved in fitting contact lenses himself and does not
delegate the contact lens fitting to any other individual who is not qualified under this
Subsection
(3)
;
(f)
he
does not use in the testing of the eye any lenses or instruments other than the
lenses
he actually will sell
that will actually be sold
;
(g)
he
provides services only to a patient who:
(i)
presents an unexpired contact lens prescription; or
(ii)
has had an eye examination within the prior six months
by
that
an optometrist or
ophthalmologist meeting the requirements under Section
58-16a-306
performs
;

and
(h)
he
maintains a copy of the patient's contact lens prescription for not less than seven
years
;
.
(i)
he enters into a written agreement with an optometrist or an ophthalmologist before
July 1, 2000, to fit contact lenses prescribed by that optometrist or ophthalmologist;
(j)
he fits contact lenses for at least two years under the direct supervision of the
optometrist or ophthalmologist identified in Subsection
(3)(i)
before July 1, 2000, as
documented in the written agreement; and
(k)
the optometrist or ophthalmologist described in Subsection
(3)(i)
:
(i)
ensures that the final contact lens is accurate;
(ii)
presents a written copy of the prescription to the person fitting the contact lens;
and
(iii)
ensures that a copy of the prescription is provided to the patient, except as
provided in Section
58-16a-306
.
Section 24. Section
58-16a-502
is amended to read:
58-16a-502
Effective
07/01/26
. Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(1)
using or employing the services of an optometric assistant to assist a licensee in any
manner not in accordance with:
(a)
the generally recognized practices and standards of ethics of the profession; or
(b)
applicable state law or division rule;
(2)
failure to refer a patient to an appropriate licensed practitioner when:
(a)
the patient's condition does not respond to treatment; or
(b)
the treatment is not within the scope of competence or licensure of the licensee;
(3)
providing confidential information regarding a patient to any third party who does not
have a legal and professional ground for obtaining the information;
(4)
knowingly prescribing, selling, giving away, or administering any prescription drug
unless:
(a)
for a legitimate medical purpose;
(b)
upon a proper diagnosis indicating the use of the drug in the amount prescribed or
provided; and
(c)
in compliance with Section
58-17b-309
;
(5)
giving or receiving directly or indirectly any fee, commission, rebate, or other
compensation for professional services not actually and personally rendered, except as
part of a legal relationship within a lawful professional partnership, corporation, or
association;
(6)
failure to transfer pertinent and necessary information from a patient's medical records
to another optometrist or physician when
so requested by
the patient or
his
the
patient's
representative, as designated in writing
, requests
;
(7)
failure to provide a contact lens prescription to a
person who
person that
sells contact
lenses in accordance with Section
58-16a-306
; or
(8)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(a)
a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this
chapter; or
(b)
conduct described in Subsections
(1)
through
(7)
or Subsection
58-1-501(1)
.
Section 25. Section
58-16a-801
is amended to read:
58-16a-801
Effective
07/01/26
. Contact lens and ophthalmic lens seller or
provider.
(1)
A person may sell or provide contact lenses if the person:
(a)
does so in the ordinary course of trade from a permanently located and established
place of business;
(b)
does not perform refractions, over-refractions, or attempts to traffic upon assumed
skill in testing the eye;
(c)
provides all contact lenses consistent with and in accordance with a valid contact lens
prescription;
(d)
does not fit contact lenses;
(e)
provides a contact lens to a patient after:
(i)
receiving an unexpired verbal or written prescription; or
(ii)
sending a contact lens prescription verification to the prescribing optometrist or
physician, regardless of whether the prescribing optometrist or physician responds
to or confirms the verification, provided that:
(A)
the person has all of the information necessary to fill the prescription;
(B)
the prescribing optometrist or physician has not informed the person that the
prescription has expired or is otherwise inaccurate prior to the person shipping
or hand-delivering the contact lens to the patient;
(C)
the person confirms a valid, unexpired contact lens prescription for the patient
if the person is aware that the patient provided inaccurate prescription
information in
his
that patient's
last order; and
(D)
the person informs the patient that the prescription has expired or that there is
a medical problem associated with the prescription if the
information is
communicated
by
the prescribing optometrist or physician
prescribing
optometrist or physician communicates the information
to the person within 72
hours of the contact lens prescription verification being sent; and
(f)
maintains patient information, including the method and date of any prescription
verification, for no less than seven years.
(2)
(a)
A person may engage in the activities described in Subsection
(2)(b)
, without a
license under this title, if the person:
(i)
provides the ophthalmic lenses consistent with and in accordance with a
prescription from a licensed physician or optometrist that is unexpired as provided
in Subsection
58-16a-102(8)(b)
;
(ii)
dispenses the ophthalmic lenses within or from the state;
(iii)
does so in the ordinary course of trade from a permanently located and
established place of business;
(iv)
does not perform refractions, over-refractions, or attempt to traffic upon assumed
skill in licensed physician or optometrist testing of the eye; and
(v)
complies with impact tolerance standards based on ANSI Z80.1-2010, American
National Standard for Ophthalmics - Prescription Lenses.
(b)
In accordance with Subsection
(2)(a)
, a person may:
(i)
sell, reproduce, or dispense ophthalmic lenses;
(ii)
fit or adjust ophthalmic lenses or frames;
(iii)
assist with the selection of frames for ophthalmic lenses;
(iv)
measure pupillary distance and interpret pupillary distance measurements; or
(v)
measure or interpret the reading segment height in bifocal, tri-focal, progressive,
or multi-focal lenses.
(3)
Nothing in this section may be construed as requiring a person to be licensed or certified
in any way under this or any another chapter of this title to sell contact lenses in
accordance with Subsection
(1)
, or to sell ophthalmic lenses in accordance with
Subsection
(2)
.
Section 26. Section
58-17b-201
is amended to read:
58-17b-201
Effective
07/01/26
. Board -- Membership -- Qualifications -- Terms.
(1)
There is created the Utah State Board of Pharmacy consisting of five pharmacists, one
pharmacy technician, and one member of the general public.
(a)
The public member of the board shall be a Utah resident who:
(i)
is
21
years of age
or older
at least 21 years old
;
(ii)
has never been licensed to engage in the practice of pharmacy;
(iii)
has never been the spouse of a person licensed to engage in the practice of
pharmacy;
(iv)
has never held any material financial interest in pharmacy practice; and
(v)
has never engaged in any activity directly related to the practice of pharmacy.
(b)
The licensed pharmacist and licensed pharmacy technician members of the board
shall:
(i)
have been Utah residents continuously for at least three years;
(ii)
have at least five years experience in the practice of pharmacy in good standing
with the division in Utah after licensure; and
(iii)
maintain licensure in good standing to engage in the practice of pharmacy or
practice as a pharmacy technician in Utah for the duration of the appointment.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
The duties and responsibilities of the board are in accordance with Sections
58-1-202

and
58-1-203
, and as required under Section
58-37f-202
regarding the controlled
substance database. In addition, the board shall designate an appropriate member on a
permanent or rotating basis to:
(a)
assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(b)
advise the division in its investigation of these complaints.
(4)
A board member who has, under Subsection
(3)
, reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board
serves as a presiding officer in an adjudicative proceeding concerning the complaint.
(5)
A board member may be removed in accordance with Subsection
58-1-201(2)(e)
or
upon one of the following grounds:
(a)
refusal or inability for any reason of a board member to perform
his
the board
member's
duties as a member of the Board in an efficient, responsible, and
professional manner;
(b)
misuse of appointment to obtain personal, pecuniary, or material gain or advantage
for
himself
the board member
or another through such appointment; or
(c)
violation of the laws governing the practice of pharmacy or
Chapter 37, Utah
Controlled Substances Act
.
Section 27. Section
58-17b-306
is amended to read:
58-17b-306
Effective
07/01/26
. Qualifications for licensure as a pharmacy.
(1)
Each applicant for licensure under this section, except for those applying for a class D
license, shall:
(a)
submit a written application in the form the division approves;
(b)
pay a fee
as determined by the department under
the department determines in
accordance with
Section
63J-1-504
;
(c)
satisfy the division that the applicant, and each owner, officer, or manager of the
applicant, has not engaged in any act, practice, or omission, which when considered
with the duties and responsibilities of a licensee under this section indicates there is
cause to believe that issuing a license to the applicant is inconsistent with the interest
of the public's health, safety, or welfare;
(d)
demonstrate the licensee's operations will be in accordance with all federal, state, and
local laws relating to the type of activity
engaged in by the licensee
that the licensee
engages in
, including regulations of the Federal Drug Enforcement Administration
and Food and Drug Administration;
(e)
maintain operating standards
established by
the
division
determines by
rule made in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(f)
(i)
for each pharmacy license, ensure that the pharmacist-in-charge, as defined by
the division consents to, and completes, a criminal background check, described in
Section
58-1-301.5
for each pharmacy license, ensure that the
pharmacist-in-charge, or the pharmacy manager if the pharmacy is not required to
have a pharmacist-in-charge, consents to and completes a criminal background
check as described in Section
58-1-301.5
;
(ii)
meets
meet
any other standard related to the criminal background check
described in Subsection
(1)(f)(i)
, that the division
establishes
makes
by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
discloses
disclose
any criminal history the division requests on a form the
division approves; and
(g)
acknowledge the division's authority to inspect the licensee's business premises
pursuant to
in accordance with
Section
58-17b-103
.
(2)
Each applicant applying for a class D license shall:
(a)
submit a written application in the form the division approves;
(b)
pay a fee as
determined by the department under
the department determines in
accordance with
Section
63J-1-504
;
(c)
present to the division verification of licensure in the state where physically located
and verification that such license is in good standing;
(d)
satisfy the division that the applicant and each of the applicant's pharmacy managers
has not engaged in any act, practice, or omission, which when considered with the
duties and responsibilities of a licensee under this section, indicates there is cause to
believe that issuing a license to the applicant is inconsistent with the interest of the
public's health, safety, or welfare;
(e)
for each pharmacy manager:
(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
(2)(e)(i)
, that the division
establishes
makes
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;
(f)
as the division requires by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
provide a statement of the scope of
pharmacy services that will be provided and a detailed description of the protocol
as
described by rule by
,
which pharmacy care will be provided, including any
collaborative practice arrangements with other health care practitioners;
(g)
sign an affidavit attesting that any healthcare practitioners employed by the applicant
and physically located in Utah have the appropriate license issued by the division and
in good standing;
(h)
sign an affidavit attesting that the applicant will abide by the pharmacy laws and
regulations of the jurisdiction in which the pharmacy is located; and
(i)
if an applicant engages in compounding, submit the most recent inspection report:
(i)
conducted within two years before the application for licensure; and
(ii)
(A)
conducted as part of the National Association of Boards of Pharmacy
Verified Pharmacy Program; or
(B)
performed by the state licensing agency of the state in which the applicant is a
resident and in accordance with the National Association of Boards of
Pharmacy multistate inspection blueprint program.
(3)
(a)
Each license issued under this section shall be associated with a single, specific
address.
(b)
By rule made in collaboration with the board and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the division shall allow a licensee
to update, by request to the division, the address associated with the licensee under
Subsection
(3)(a)
, to a new address if the licensee requests the change of address at
least 90 days before the day on which the licensee begins operating at the new
address.
Section 28. Section
58-17b-308
is amended to read:
58-17b-308
Effective
07/01/26
. Term of license -- Expiration -- Renewal.
(1)
(a)
Except as provided in Subsection
(2)
,
each license issued under this chapter shall
be issued in accordance with a two-year renewal cycle established
by
rule
the
division shall issue a license for a term of two years as the division establishes by
rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(b)
A renewal period may be extended or shortened
by
as much as one year to
maintain established renewal cycles or to change an established renewal cycle
The
division may extend or shorten a license term by up to one year to stagger renewals
as the division determines by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(c)
Each license automatically expires on the expiration date shown on the license
unless renewed
by
the licensee in accordance with Section
58-1-308
A license
expires on the expiration date shown on the license
.
(2)
The duration of a pharmacy intern license may be no longer than:
(a)
one year
two years
for a license issued under Subsection
58-17b-304(6)(b)
; or
(b)
five years for a license issued under Subsection
58-17b-304(6)(a)
.
(3)
A pharmacy intern license issued under this chapter may not be renewed, but
may be
extended
by
the division
may extend the pharmacy intern license
in collaboration with
the board.
(4)
As a prerequisite for renewal of a class D pharmacy license of a pharmacy that engages
in compounding, a licensee shall submit the most recent inspection report:
(a)
conducted within two years before the application for renewal; and
(b)
(i)
conducted as part of the National Association of Boards of Pharmacy Verified
Pharmacy Program; or
(ii)
performed by the state licensing agency of the state in which the applicant is a
resident and in accordance with the National Association of Boards of Pharmacy
multistate inspection blueprint program.
Section 29. Section
58-17b-309
is amended to read:
58-17b-309
Effective
07/01/26
. Exemptions from licensure.
In addition to the exemptions from licensure in Section
58-1-307
, the following
individuals may engage in the acts or practices described in this section without being licensed
under this chapter:
(1)
a person selling or providing contact lenses in accordance with Section
58-16a-801
;
(2)
an animal shelter that:
(a)
under the indirect supervision of a veterinarian, stores, handles, or administers a drug
used for
euthanising
euthanizing
an animal; and
(b)
under the indirect supervision of a veterinarian who is under contract with the animal
shelter, stores, handles, or administers a rabies vaccine;
(3)
an overdose outreach provider, as defined in Section
26B-4-501
, that obtains, stores, or
furnishes an opiate antagonist in accordance with
Title 26B, Chapter 4, Part 5,
Treatment Access
; and
(4)
a dispensing practitioner, as defined in Section
58-88-201
, dispensing a drug under
Chapter 88, Part 2, Dispensing Practice
.
Section 30. Section
58-17b-501
is amended to read:
58-17b-501
Effective
07/01/26
. Unlawful conduct.
"Unlawful conduct" includes:
(1)
knowingly preventing or refusing to permit an authorized agent of the division to
conduct an inspection
pursuant to
in accordance with
Section
58-17b-103
;
(2)
failing to deliver the license, permit, or certificate to the division upon demand, if
it
the
license, permit, or certificate
has been revoked, suspended, or refused;
(3)
(a)
using the title "pharmacist," "druggist," "pharmacy intern," "pharmacy
technician," or a term having similar meaning, except by
a person
an individual who
is
licensed as a pharmacist, pharmacy intern, or pharmacy technician; or
(b)
conducting or transacting business under a name that contains, as part of that name,
the words "drugstore," "pharmacy," "drugs," "medicine store," "medicines," "drug
shop," "apothecary," "prescriptions," or a term having a similar meaning, or in any
manner advertising, otherwise describing, or referring to the place of the conducted
business or profession, unless the place is a pharmacy issued a license by the
division, except an establishment selling nonprescription drugs and supplies may
display signs bearing the words "packaged drugs," "drug sundries," or
"nonprescription drugs," and is not considered to be a pharmacy or drugstore by
reason of the display;
(4)
buying, selling, causing to be sold, or offering for sale, a drug or device that bears, or
the package bears or originally did bear, the inscription "sample," "not for resale," "for
investigational or experimental use only," or other similar words, except when a cost is
incurred in the bona fide acquisition of an investigational or experimental drug;
(5)
using to a person's own advantages or revealing to anyone other than the division,
board, and its authorized representatives, or to the courts, when relevant to a judicial or
administrative proceeding under this chapter, information acquired under authority of
this chapter or concerning a method of process that is a trade secret;
(6)
procuring or attempting to procure a drug or to have someone else procure or attempt to
procure a drug:
(a)
by fraud, deceit, misrepresentation, or subterfuge;
(b)
by forgery or alteration of a prescription or a written order;
(c)
by concealment of a material fact;
(d)
by use of a false statement in a prescription, chart, order, or report; or
(e)
by theft;
(7)
filling, refilling, or advertising the filling or refilling of prescriptions for a consumer or
patient residing in this state if the person is not licensed:
(a)
under this chapter; or
(b)
in the state from which
he
the individual
is dispensing;
(8)
requiring an employed pharmacist, pharmacy intern, pharmacy technician, or authorized
supportive personnel to engage in conduct in violation of this chapter;
(9)
being in possession of a prescription drug for an unlawful purpose;
(10)
dispensing a prescription drug to a
person who
person that
does not have a
prescription from a practitioner, except as permitted under
Title 26B, Chapter 4, Part 5,
Treatment Access
;
(11)
dispensing a prescription drug to a
person who
person that
the person dispensing the
drug knows or should know is attempting to obtain drugs by fraud or misrepresentation;
(12)
selling, dispensing, distributing, or otherwise trafficking in prescription drugs when
not licensed to do so or when not exempted from licensure; and
(13)
a person using a prescription drug or controlled substance that was not lawfully
prescribed for the person by a practitioner.
Section 31. Section
58-17b-502
is amended to read:
58-17b-502
Effective
07/01/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes:
(a)
willfully deceiving or attempting to deceive the division, the board, or their agents as
to any relevant matter regarding compliance under this chapter;
(b)
except as provided in Subsection
(2)
:
(i)
paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider;
or
(ii)
paying, offering, receiving, or soliciting compensation in the form of a
commission, bonus, rebate, kickback, or split fee arrangement with practitioners
or any other health care provider, for the purpose of obtaining referrals;
(c)
misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
(d)
engaging in the sale or purchase of drugs or devices that are samples or packages
bearing the inscription "sample" or "not for resale" or similar words or phrases;
(e)
except as provided in Section
58-17b-503
, accepting back and redistributing any
unused drug, or a part of
it
the unused drug
, after
it
the unused drug
has left the
premises of a pharmacy;
(f)
an act in violation of this chapter
committed by
that
a person
commits
for any form
of compensation if the act is incidental to the person's professional activities,
including the activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g)
violating:
(i)
the federal Controlled Substances Act, Title II, P.L. 91-513;
(ii)
Title 58, Chapter 37, Utah Controlled Substances Act
; or
(iii)
rules or regulations adopted under either act;
(h)
requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in
this chapter and division rules made in collaboration with the board, or beyond their
scope of training and ability;
(i)
administering:
(i)
without appropriate training, as
defined by rule
the division defines by rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
;
(ii)
without a physician's order, when
one is required by law
the law requires a
physician's order
;
and
or
(iii)
in conflict with a practitioner's written guidelines or written protocol for
administering;
(j)
disclosing confidential patient information in violation of the provisions of the Health
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
1936, as amended, or other applicable law;
(k)
engaging in the practice of pharmacy without a licensed pharmacist designated as the
pharmacist-in-charge;
(l)
failing to report to the division any adverse action
taken by
that
another licensing
jurisdiction, government agency, law enforcement agency, or court
takes
for conduct
that in substance would be considered unprofessional conduct under this section;
(m)
as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
form which is
regularly and
commonly available from a manufacturer in quantities
and strengths
prescribed by
a practitioner
prescribes
;
(n)
failing to act in accordance with
Title 26B, Chapter 4, Part 5, Treatment Access
,
when dispensing a self-administered hormonal contraceptive under a standing order;
(o)
violating the requirements of
Title 4, Chapter 41a, Cannabis Production
Establishments and Pharmacies
, or
Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis
; or
(p)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(ii)
conduct described in Subsections
(1)(a)
through
(o)
or Subsection
58-1-501(1)
.
(2)
Subsection
(1)(b)
does not apply to:
(a)
giving or receiving a price discount based on purchase volume;
(b)
passing along a pharmaceutical manufacturer's rebate; or
(c)
providing compensation for services to a veterinarian.
(3)
"Unprofessional conduct" does not include:
(a)
in accordance with
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
when
registered as a pharmacy medical provider, as that term is defined in Section
26B-4-201
,
providing pharmacy medical provider services in a medical cannabis pharmacy; or
(b)
if a pharmacist reasonably believes that a prescription drug will have adverse or
harmful effects on an individual and warns the individual of the potential effects,
filling a prescription prescribed by a health care provider who:
(i)
is operating within the health care provider's scope of practice; and
(ii)
is deviating from a medical norm or established practice in accordance with
Subsection
58-1-501(2)(b)(i)
.
(4)
Notwithstanding Subsection
(3)
, the division, in consultation with the board and in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, shall
define unprofessional conduct for a pharmacist described in Subsections
(3)(a)
and
(b)
.
Section 32. Section
58-17b-606
is amended to read:
58-17b-606
Effective
07/01/26
. Restrictive drug formulary prohibited.
(1)
As used in this section:
(a)
"Generic form" means a prescription drug that is available in generic form and has an
A rating in the United States Pharmacopeia and Drug Index.
(b)
"Legend drug" has the same meaning as prescription drug.
(c)
"Restrictive drug formulary" means a list of legend drugs, other than drugs for
cosmetic purposes, that
are prohibited by
the Department of Health and Human
Services
prohibits
from dispensation, but are approved by the Federal Food and Drug
Administration.
(2)
A practitioner may prescribe legend drugs in accordance with this chapter that, in
his
the practitioner's
professional judgment and within the lawful scope of
his
the
practitioner's
practice,
he
and that the practitioner
considers appropriate for the
diagnosis and treatment of
his
the practitioner's
patient.
(3)
Except as provided in Subsection
(4)
, the Department of Health and Human Services
may not maintain a restrictive drug formulary that restricts a physician's ability to treat a
patient with a legend drug that
has been approved and designated as safe and effective
by
the Federal Food and Drug Administration
approves and designates as safe and
effective
, except for drugs for cosmetic purposes.
(4)
When a multisource legend drug is available in the generic form, the Department of
Health and Human Services may only reimburse for the generic form of the drug unless
the treating physician demonstrates to the Department of Health and Human Services a
medical necessity for dispensing the nongeneric, brand-name legend drug.
(5)
The Department of Health and Human Services pharmacists may override the generic
mandate provisions of Subsection
(4)
if a financial benefit will accrue to the state.
(6)
This section does not affect the state's ability to exercise the exclusion options available
under the Federal Omnibus Budget Reconciliation Act of 1990.
Section 33. Section
58-17b-607
is amended to read:
58-17b-607
Effective
07/01/26
. Drug substitution is not the practice of medicine
-- Other causes of action not denied.
(1)
The substitution of any drug by a licensed pharmacist or pharmacy intern under this
chapter does not constitute the practice of medicine.
(2)
This chapter may not be construed to deny any individual a cause of action against a
pharmacist, pharmacy intern, or
his
the pharmacist's or pharmacy intern's
employer for
violations of this chapter, including failure to observe accepted standards of care of the
pharmaceutical profession.
Section 34. Section
58-17b-615
is amended to read:
58-17b-615
Effective
07/01/26
. Sale of prescription drugs not in normal course
of business.
(1)
As used in this section, "seller" means a person selling prescription drugs or devices
owned or lawfully controlled by
him
the person
, or a party arranging for the sale of
prescription drugs or devices owned by or lawfully controlled by another person,
including salvage companies that acquire prescription drugs and devices from, or act as
an agent or representative for freight haulers and forwarders.
(2)
Any sale of prescription drugs in bankruptcy, at public auction, at freight liquidation
sales, or any other sale of prescription drugs other than in the normal course of business
or practice shall comply with the following:
(a)
a seller of prescription drugs shall be licensed by the division as a prescription drug
distributor or wholesaler with a regular license, or a temporary license for that sale
only, before engaging in the sale of any prescription drugs; and
(b)
a person licensed as a pharmacy under this chapter may not acquire by purchase or
other means prescription drugs or devices outside the normal course of business
within the meaning of this section unless:
(i)
the prescription drugs or devices are accompanied by a certificate signed by a
licensed pharmacist employed or retained by the seller, as required in Subsection
(3)
, attesting that the prescription drugs or devices have not been adversely
affected by circumstances relating to their transportation, storage, or distribution;
and
(ii)
the licensee acquiring the prescription drugs or devices employs a qualified
pharmacist who is responsible for determining that all prescription drugs being
acquired do not pose any threat to the public welfare if introduced into commerce
than would be presented by the acquisition of those prescription drugs and devices
in the normal course of business through established channels of prescription drug
distribution.
(3)
A seller of prescription drugs outside the normal course of business shall retain the
services of a qualified pharmacist licensed to practice in the state to serve as either an
employee or independent consultant to determine if the:
(a)
prescription drugs and devices to be offered for sale have been transported, stored,
and distributed in accordance with applicable federal, state, and local laws; and
(b)
condition of the prescription drugs and devices to be offered for sale has been
adversely affected by the circumstances of transportation, storage, or distribution.
(4)
The written notice provided to the division prior to the sale of any prescription drugs or
devices under this section shall contain written verification of the pharmacist retained by
the seller, stating the drugs or devices offered for sale have not been adversely affected
by the circumstances of transportation, storage, or distribution.
(5)
A pharmacist employed by a seller under Subsection
(3)
or a pharmacy, distributor, or
wholesaler for whom that pharmacist may be employed or in which
he
that pharmacist

may have an interest, may not purchase any prescription drugs or devices from the seller
for which that pharmacist has provided verification regarding the drugs or devices.
Section 35. Section
58-22-103
is amended to read:
58-22-103
Effective
07/01/26
. Education and enforcement fund.
(1)
There is created an expendable special revenue fund known as the "Professional
Engineer, Professional Structural Engineer, and Professional Land Surveyor Education
and Enforcement Fund."
(2)
The fund consists of money from:
(a)
a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this
chapter in accordance with the following:
(i)
the surcharge fee shall be established by
the department
shall determine the
surcharge
in accordance with Section
63J-1-504
; and
(ii)
the surcharge fee shall not exceed 50% of the respective initial, renewal, or
reinstatement licensure fee; and
(b)
administrative penalties collected
pursuant to
in accordance with
this chapter.
(3)
The fund shall earn interest and all interest earned on fund money shall be deposited
into the fund.
(4)
The director may, with concurrence of the board, make distributions from the fund for
the following purposes:
(a)
education and training of licensees under this chapter;
(b)
education and training of the public or other interested persons in matters concerning
engineering, structural engineering, and land surveying laws and practices; and
(c)
enforcement of this chapter by:
(i)
investigating unprofessional or unlawful conduct; and
(ii)
providing legal representation to the division when the division takes legal action
against a person engaging in unprofessional or unlawful conduct.
(5)
If the balance in the fund exceeds
$100,000
$200,000
at the close of any fiscal year,
the excess shall be transferred to the General Fund.
(6)
The division shall report annually to the appropriate appropriations subcommittee of the
Legislature concerning the fund.
Section 36. Section
58-24b-201
is amended to read:
58-24b-201
Effective
07/01/26
. Physical and Occupational Therapy Licensing
Board -- Creation -- Membership -- Duties.
(1)
There is created the
Physical Therapies Licensing Board
Physical and Occupational
Therapy Licensing Board
, consisting of:
(a)
three licensed physical therapists;
(b)
one physical therapist assistant;
(c)
two licensed occupational therapists;
(d)
one occupational therapy assistant; and
(e)
one member of the general public.
(2)
Members of the board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
The duties and responsibilities of the board are described in Subsection
(4)
and Sections
58-1-201
through
58-1-203
with respect to this chapter or Chapter 42a, Occupational
Therapy Practice Act.
(4)
The board shall designate a member of the board, on a permanent or rotating basis, to:
(a)
assist the division in reviewing complaints concerning the conduct of an individual
licensed under this chapter or Chapter 42a, Occupational Therapy Practice Act; and
(b)
advise the division during the division's investigation of the complaints described in
Subsection
(4)(a)
.
(5)
A board member who has reviewed a complaint or been involved in an investigation
under Subsection
(4)
is disqualified from participating in an adjudicative proceeding
relating to the complaint or investigation.
Section 37. Section
58-26a-302
is amended to read:
58-26a-302
Effective
07/01/26
. Qualifications for licensure and registration --
Licensure by endorsement.
(1)
Each applicant for licensure under this chapter as a certified public accountant shall:
(a)
submit an application in a form the division approves by rule;
(b)
pay a fee
determined by
the department
under
determines in accordance with

Section
63J-1-504
;
(c)
submit a certified transcript of credits from an accredited institution acceptable to the
board showing:
(i)
successful completion of
:

(A)
a bachelor's degree, master's degree,
a bachelor's degree or a master's degree
in accounting at a college or university approved by the board;
or
(B)
the equivalent with
at least a bachelor's degree with
a concentration
of
in

accounting and business
as the division defines by rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
at
a college or university
approved by
the board
approves
; and
(ii)
compliance with any other education requirements
established by rule by
the
division
makes by rule made
in collaboration with the board in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(d)
submit evidence of accounting experience in a form the division approves by rule
of
at least:
made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act;
(i)
one year of accounting experience for an individual with a master's degree or the
equivalent with a concentration of accounting and business; or
(ii)
two years of accounting experience for an individual with a bachelor's degree or
the equivalent with a concentration of accounting and business;
(e)
submit evidence of having successfully completed the qualifying examinations in
accordance with Section
58-26a-306
; and
(f)
submit to an interview
by the board, if requested,
as the board may request
for the
purpose of examining the applicant's competence and qualifications for licensure.
(2)
(a)
The division may issue a license under this chapter to an individual who holds a
license as a certified public accountant issued by another state if the applicant for
licensure by endorsement:
(i)
submits an application in a form the division approves by rule;
(ii)
pays a fee
determined by
the department
under
determines in accordance with

Section
63J-1-504
;
(iii)
submits to an interview
by the board, if requested,
as the board may request
for
the purpose of examining the applicant's competence and qualifications for
licensure; and
(iv)
(A)
(I)
shows evidence of having passed the qualifying examinations; and
(II)
(Aa)
meets the requirements for licensure that were applicable in this
state at the time of the issuance of the applicant's license by the state
from which the original licensure by satisfactorily passing the AICPA
Uniform CPA Examination was issued; or
(Bb)
had four years of professional experience after passing the AICPA
Uniform CPA Examination upon which the original license was based,
within the 10 years immediately preceding the application for licensure
by endorsement; or
(B)
shows evidence that the applicant's education, examination record, and
experience are substantially equivalent to the requirements of Subsection
(1)
,
as
provided by rule
the division requires by rule made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(b)
This Subsection
(2)
applies only to an individual seeking to obtain a license issued
by this state and does not apply to an individual practicing as a certified public
accountant in the state under Subsection
58-26a-305(1)
.
(3)
(a)
Each applicant for registration as a
Certified Public Accountant
certified public
accountant
firm shall:
(i)
submit an application in a form the division approves by rule;
(ii)
pay a fee
determined by
the department
under
determines in accordance with

Section
63J-1-504
;
(iii)
have, notwithstanding any other provision of law, a simple majority of the
ownership of the
Certified Public Accountant
certified public accountant
firm, in
terms of financial interests and voting rights of all partners, officers, shareholders,
members, or managers, held by individuals who are certified public accountants,
licensed under this chapter or another state of the United States of America, and
the partners, officers, shareholders, members, or managers, whose principal place
of business is in this state, and who perform professional services in this state hold
a valid license issued under Subsection
58-26a-301(2)
or the corresponding
provisions of prior law; and
(iv)
meet any other requirements
established by rule by
the division
makes
in
collaboration with the board
,

and
in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(b)
Each separate location of a qualified business entity within the state seeking
registration as a
Certified Public Accountant
certified public accountant
firm shall
register separately.
(c)
A
Certified Public Accountant
certified public accountant
firm may include owners
who are not licensed under this chapter as outlined in Subsection
(3)(a)(iii)
, provided
that:
(i)
the firm designates a licensee of this state who is responsible for the proper
registration of the
Certified Public Accountant
certified public accountant
firm
and identifies that individual to the division; and
(ii)
all nonlicensed owners are active individual participants in the
CPA
certified
public accounting
firm.
Section 38. Section
58-31b-303
is amended to read:
58-31b-303
Effective
07/01/26
. 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)
, except Subsection
58-31b-302(2)(e)
; 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)
, except Subsection
58-31b-302(4)(e)
; and
(b)
(i)
pass
the Commission on Graduates of Foreign Nursing Schools (CGFNS)
Examination
an examination the division determines by rule made in
collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, demonstrating knowledge of the practice, skills,
theory, and professional ethics related to nursing
; 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 39. Section
58-31b-702
is amended to read:
58-31b-702
Effective
07/01/26
. Reporting of disciplinary action -- Immunity
from liability.
(1)
A licensed health care facility or organization or a professional society of nurses in the
state that takes disciplinary action against
a person
an individual
licensed under this
chapter relating to any of the following
,
shall report the action in writing to the division
within 30 days after the action is taken:
(a)
that
person's
individual's
professional acts or omissions as a licensed nurse;
(b)
that
person's
individual's
nursing competence or ability to practice nursing safely; or
(c)
that
person's
individual's
use of alcohol or drugs in an unlawful manner or to the
extent the
person
individual
is impaired in
his
the
ability to practice nursing safely.
(2)
Any person or organization furnishing information in accordance with this section is
immune from liability to the extent that the information is furnished in good faith and
without malice.
Section 40. Section
58-37-2
is amended to read:
58-37-2
Effective
07/01/26
. Definitions.
(1)
As used in this chapter:
(a)
"Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(i)
a practitioner or, in the practitioner's presence, by the practitioner's authorized
agent; or
(ii)
the patient or research subject at the direction and in the presence of the
practitioner.
(b)
"Agent" means an authorized
person who
person that
acts on behalf of or at the
direction of a manufacturer, distributor, or practitioner but does not include a motor
carrier, public warehouseman, or employee of any of them.
(c)
"Consumption" means ingesting or having any measurable amount of a controlled
substance in a person's body, but this Subsection
(1)(c)
does not include the
metabolite of a controlled substance.
(d)
"Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any
union or groups of individuals associated in fact although not a legal entity, and
includes illicit as well as licit entities created or maintained for the purpose of
engaging in conduct which constitutes the commission of episodes of activity made
unlawful by this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise.
(e)
"Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section
58-37-3
.
(f)
(i)
"Controlled substance" means a drug or substance:
(A)
included in Schedules I, II, III, IV, or V of Section
58-37-4
;
(B)
included in Schedules I, II, III, IV, or V of the federal Controlled Substances
Act, Title II, P.L. 91-513;
(C)
that is a controlled substance analog; or
(D)
listed in Section
58-37-4.2
.
(ii)
"Controlled substance" does not include:
(A)
distilled spirits, wine, or malt beverages, as those terms are defined in Title
32B, Alcoholic Beverage Control Act;
(B)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in human or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(C)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which:
(I)
are not otherwise regulated by law; and
(II)
may contain naturally occurring amounts of
chemical
chemicals
or
substances listed in this chapter, or in rules adopted
pursuant to
in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(g)
(i)
"Controlled substance analog" means:
(A)
a substance the chemical structure of which is substantially similar to the
chemical structure of a controlled substance listed in Schedules I and II of
Section
58-37-4
, a substance listed in Section
58-37-4.2
, or in Schedules I and
II of the federal Controlled Substances Act, Title II, P.L. 91-513;
(B)
a substance that has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513; or
(C)
A substance that, with respect to a particular individual, is represented or
intended to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(ii)
"Controlled substance analog" does not include:
(A)
a controlled substance currently scheduled in Schedules I through V of
Section
58-37-4
;
(B)
a substance for which there is an approved new drug application;
(C)
a substance with respect to which an exemption is in effect for investigational
use by a particular person under Section 505 of the Food, Drug, and Cosmetic
Act, 21 U.S.C. 355, to the extent the conduct with respect to the substance is
permitted by the exemption;
(D)
any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in
man
humans
or other animals, which contains
ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if
the drug is lawfully purchased, sold, transferred, or furnished as an
over-the-counter medication without prescription; or
(F)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which are not otherwise regulated by law,
which may contain naturally occurring amounts of
chemical
chemicals
or
substances listed in this chapter, or in rules adopted
pursuant to
in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h)
(i)
"Conviction" means a determination of guilt by verdict, whether jury or bench,
or plea, whether guilty or no contest, for any offense proscribed by:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act; or
(ii)
for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act.
(i)
"Counterfeit substance" means:
(i)
any controlled substance or container or labeling of any controlled substance that:
(A)
without authorization bears the trademark, trade name, or other identifying
mark, imprint, number, device, or any likeness of them, of a manufacturer,
distributor, or dispenser other than the person
or persons who
that
in fact
manufactured, distributed, or dispensed the substance which falsely purports to
be a controlled substance distributed by any other manufacturer, distributor, or
dispenser; and
(B)
a reasonable person would believe to be a controlled substance distributed by
an authorized manufacturer, distributor, or dispenser based on the appearance
of the substance as described under Subsection
(1)(i)(i)(A)
or the appearance of
the container of that controlled substance; or
(ii)
any substance other than under Subsection
(1)(i)(i)
that:
(A)
is falsely represented to be any legally or illegally manufactured controlled
substance; and
(B)
a reasonable person would believe to be a legal or illegal controlled substance.
(j)
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical, whether or not an agency relationship exists.
(k)
"Department" means the Department of Commerce.
(l)
"Depressant or stimulant substance" means:
(i)
a drug which contains any quantity of barbituric acid or any of the salts of
barbituric acid;
(ii)
a drug which contains any quantity of:
(A)
amphetamine or any of its optical isomers;
(B)
any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C)
any substance which the Secretary of Health and Human Services or the
Attorney General of the United States after investigation has found and by
regulation designated habit-forming because of its stimulant effect on the
central nervous system;
(iii)
lysergic acid diethylamide; or
(iv)
any drug which contains any quantity of a substance which the Secretary of
Health and Human Services or the Attorney General of the United States after
investigation has found to have, and by regulation designated as having, a
potential for abuse because of its depressant or stimulant effect on the central
nervous system or its hallucinogenic effect.
(m)
"Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user
pursuant to
in accordance with
the lawful order or prescription of a
practitioner, and includes distributing to, leaving with, giving away, or disposing of
that substance as well as the packaging, labeling, or compounding necessary to
prepare the substance for delivery.
(n)
"Dispenser" means a pharmacist who dispenses a controlled substance.
(o)
"Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(p)
"Distributor" means a
person who
person that
distributes controlled substances.
(q)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(r)
(i)
"Drug" means:
(A)
a substance recognized in the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or Official National
Formulary, or any supplement to any of them, intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
animals;
(B)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(C)
a substance other than food intended to affect the structure or any function of
the body of humans or other animals; and
(D)
substances intended for use as a component of any substance specified in
Subsections
(1)(r)(i)(A)
, (B), and (C).
(ii)
"Drug" does not include dietary supplements.
(iii)
"Drug" includes a food intended for human consumption that intentionally
contains a vaccine or vaccine material as provided in Section
4-5-107
.
(s)
"Drug dependent person" means any individual who unlawfully and habitually uses
any controlled substance to endanger the public morals, health, safety, or welfare, or
who is so dependent upon the use of controlled substances as to have lost the power
of self-control with reference to the individual's dependency.
(t)
(i)
"Food" means:
(A)
any nutrient or substance of plant, mineral, or animal origin other than a drug
as specified in this chapter, and normally ingested by human beings; and
(B)
foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food,
underweight, and overweight; uses for supplying a particular dietary need
which exist by reason of age including the ages of infancy and childbirth, and
also uses for supplementing and for fortifying the ordinary or unusual diet with
any vitamin, mineral, or other dietary property for use of a food.
(ii)
Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u)
"Immediate precursor" means a substance which the Attorney General of the United
States has found to be, and by regulation designated as being, the principal compound
used or produced primarily for use in the manufacture of a controlled substance, or
which is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary to prevent,
curtail, or limit the manufacture of the controlled substance.
(v)
"Indian" means a member of an Indian tribe.
(w)
"Indian religion" means a religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii)
that is practiced by Indians.
(x)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally
recognized as eligible for and is consistent with the special programs, services, and
entitlements provided by the United States to Indians because of their status as
Indians.
(y)
"Manufacture" means the production, preparation, propagation, compounding, or
processing of a controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis.
(z)
"Manufacturer" includes any
person who
person that
packages, repackages, or
labels any container of any controlled substance, except pharmacists who dispense or
compound prescription orders for delivery to the ultimate consumer.
(aa)
(i)
"Marijuana" means all species of the genus cannabis and all parts of the genus,
whether growing or not, including:
(A)
seeds;
(B)
resin extracted from any part of the plant, including the resin extracted from
the mature stalks;
(C)
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, seeds, or resin;
(D)
any synthetic equivalents of the substances contained in the plant cannabis
sativa or any other species of the genus cannabis which are chemically
indistinguishable and pharmacologically active; and
(E)
any component part or cannabinoid extracted or isolated from the plant,
including extracted or isolated tetrahydrocannabinols.
(ii)
"Marijuana" does not include:
(A)
the mature stalks of the plant;
(B)
fiber produced from the stalks;
(C)
oil or cake made from the seeds of the plant;
(D)
except as provided in Subsection
(1)(aa)(i)
, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks,
fiber, oil or cake;
(E)
the sterilized seed of the plant which is incapable of germination;
(F)
any compound, mixture, or preparation approved by the federal Food and
Drug Administration under the federal Food, Drug, and Cosmetic Act, 21
U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances
in Section
58-37-4
or in the federal Controlled Substances Act, Title II, P.L.
91-513; or
(G)
transportable industrial hemp concentrate as that term is defined in Section
4-41-102
.
(bb)
"Money" means officially issued coin and currency of the United States or any
foreign country.
(cc)
"Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i)
opium, coca leaves, and opiates;
(ii)
a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
or opiates;
(iii)
opium poppy and poppy straw; or
(iv)
a substance, and any compound, manufacture, salt, derivative, or preparation of
the substance, which is chemically identical with any of the substances referred to
in Subsection
(1)(cc)(i)
, (ii), or (iii), except narcotic drug does not include
decocainized coca leaves or extracts of coca leaves which do not contain cocaine
or ecgonine.
(dd)
"Negotiable instrument" means documents, containing an unconditional promise to
pay a sum of money, which are legally transferable to another party by endorsement
or delivery.
(ee)
"Opiate" means any drug or other substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
(ff)
"Opium poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(gg)
"Person" means any corporation, association, partnership, trust, other institution or
entity or one or more individuals.
(hh)
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ii)
"Possession" or "use" means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
injection, or consumption, as distinguished from distribution, of controlled
substances and includes individual, joint, or group possession or use of controlled
substances. For a person to be a possessor or user of a controlled substance, it is not
required that the person be shown to have individually possessed, used, or controlled
the substance, but it is sufficient if it is shown that the person jointly participated with
one or more persons in the use, possession, or control of any substances with
knowledge that the activity was occurring, or the controlled substance is found in a
place or under circumstances indicating that the person had the ability and the intent
to exercise dominion and control over the controlled substance.
(jj)
"Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with
respect to, administer, or use in teaching or chemical analysis a controlled substance
in the course of professional practice or research in this state.
(kk)
"Prescribe" means to issue a prescription:
(i)
orally or in writing; or
(ii)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(ll)
"Prescription" means an order issued:
(i)
by a licensed practitioner, in the course of that practitioner's professional practice
or by collaborative pharmacy practice agreement; and
(ii)
for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(mm)
"Production" means the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance.
(nn)
"Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo)
"State" means the state of Utah.
(pp)
"Ultimate user" means
any person who
a person that
lawfully possesses a
controlled substance for the person's own use, for the use of a member of the person's
household, or for administration to an animal owned by the person or a member of
the person's household.
(2)
If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Section 41. Section
58-37-10
is amended to read:
58-37-10
Effective
07/01/26
. Search warrants -- Administrative inspection
warrants -- Inspections and seizures of property without warrant.
(1)
Search warrants relating to offenses involving controlled substances may be authorized
pursuant
in accordance with

to
the Utah Rules of Criminal Procedure.
(2)
Issuance and execution of administrative inspection warrants shall be as follows:
(a)
(i)
Any
any
judge or magistrate of this state
within his
with
jurisdiction upon
proper oath or affirmation showing probable cause, may issue
warrants
a warrant

for the purpose of conducting
an
administrative
inspections
inspection
authorized
by this act or regulations thereunder and seizures of property appropriate to such
inspections.
an inspection; and
(ii)
Probable
probable
cause for purposes of this act exists upon showing a valid
public interest in the effective enforcement of the act or rules promulgated
thereunder sufficient to justify administrative inspection of the area, premises,
building, or conveyance in the circumstances specified in the application for the
warrant
.
;
(b)
(i)
A
a
warrant shall issue only upon an affidavit of an officer or employee duly
designated and having knowledge of the facts alleged sworn to before a judge or
magistrate which establish the grounds for issuing the warrant
.
;

(ii)
If
if
the judge or magistrate is satisfied that grounds for the application exist or
that there is probable cause to believe
they
that grounds for the application
exist,
he
the judge or magistrate
shall issue a warrant identifying the area, premises,
building, or conveyance to be inspected, the purpose of the inspection, and if
appropriate, the type of property to be inspected
, if any.
; and

(iii)
The
the
warrant shall:
(i)
(A)
state the grounds for
its
the warrant's
issuance and the name of each
person
individual
whose affidavit has been taken to support
it
the warrant
;
(ii)
(B)
be directed to a person authorized by Section
58-37-9
of this act to
execute
it
the warrant
;
(iii)
(C)
command the person to whom
it
the warrant
is directed to inspect the
area, premises, building, or conveyance identified for the purpose specified and
if appropriate, direct the seizure of the property
specified
the warrant specifies
;
(iv)
(D)
identify the item or types of property to be seized, if any; and
(v)
(E)
direct that
it
the warrant
be served during normal business hours and
designate the judge or magistrate to whom
it
the warrant
shall be returned
.
;
(c)
(i)
A
a
warrant issued
pursuant to
in accordance with
this section
must
shall
be executed and returned within 10 days after
its
the warrant's
date unless, upon a
showing of a need for additional time, the court instructs otherwise in the warrant
.
;

(ii)
If
if
property is seized
pursuant to
in accordance with
a warrant, the person
executing the warrant shall give to the person from whom or from whose premises
the property was taken a copy of the warrant and a receipt for the property taken
or leave the copy
of the warrant
and
a
receipt
for the property taken
at the place
where
from which
the property was taken
.
;

(iii)
Return
return
of the warrant shall be made promptly and be accompanied by a
written inventory of any property taken
.
;

(iv)
The
the
inventory shall be made in the presence of the
person
individual

executing the warrant and of the
person
individual
from whose possession or
premises the property was taken, if
they are
that individual is
present, or in the
presence of at least one credible
person
individual
other than the
person

executing the warrant
.
; and

(v)
A
a
copy of the inventory shall be delivered to the
person
individual
from
whom or from whose premises the property was taken and to the applicant for the
warrant
.
;
(d)
The
the
judge or magistrate who
issued
issues
the warrant under this section shall
attach a copy of the return and all other papers to the warrant and file
them
the
papers and warrant
with the court.
(3)
The department is authorized to make administrative inspections of controlled premises
in accordance with the following provisions:
(a)
For purposes of this section only, "controlled premises" means:
(i)
Places
places
where persons licensed or exempted from licensing requirements
under this act are required to keep records
.
;
(ii)
Places
places
including factories, warehouses, establishments, and conveyances
where persons licensed or exempted from licensing requirements are permitted to
possess, manufacture, compound, process, sell, deliver, or otherwise dispose of
any controlled substance.
(b)
When authorized by an administrative inspection warrant a law enforcement officer
or employee designated in Section
58-37-9
, upon presenting the warrant and
appropriate credentials to the owner, operator, or agent in charge, has the right to
enter controlled premises for the purpose of conducting an administrative inspection.
(c)
When authorized by an administrative inspection warrant, a law enforcement officer
or employee designated in Section
58-37-9
has the right:
(i)
To
to
inspect and copy records required by this chapter
.
;
(ii)
To
to
inspect within reasonable limits and a reasonable manner, the controlled
premises and all pertinent equipment, finished and unfinished material, containers,
and labeling found, and except as provided in Subsection
(3)(e)
, all other things
including records, files, papers, processes, controls, and facilities subject to
regulation and control by this chapter or by rules promulgated by the department
.
;
(iii)
To
to
inventory and take stock of any controlled substance and obtain samples
of any substance.
(d)
This section shall not be construed to prevent the inspection of books and records
without a warrant
pursuant to
in accordance with
an administrative subpoena issued
by a court or the department nor shall
it
this section
be construed to prevent entries
and administrative inspections including seizures of property without a warrant:
(i)
with the consent of the owner, operator, or agent in charge of the controlled
premises;
(ii)
in situations presenting imminent danger to health or safety;
(iii)
in situations involving inspection of conveyances where there is reasonable cause
to believe that the mobility of the conveyance makes
it
obtaining a warrant

impracticable
to obtain a warrant
;
(iv)
in any other exceptional or emergency circumstance where time or opportunity to
apply for a warrant is lacking; and
(v)
in all other situations where a warrant is not constitutionally required.
(e)
No inspection authorized by this section shall extend to financial data, sales data,
other than shipment data, or pricing data unless the owner, operator, or agent in
charge of the controlled premises consents in writing.
Section 42. Section
58-37c-8
is amended to read:
58-37c-8
Effective
07/01/26
. License -- Exceptions from licensure or regulation.
(1)
A person engaged in a regulated transaction under this chapter shall hold a controlled
substance precursor license issued under Section
58-37c-7
, unless excepted from
licensure under this chapter.
(2)
The division shall:
(a)
establish the form of application for a license, the requirements for licensure, and
fees for initial licensure and renewal; and
(b)
identify required information to be contained in the application as a condition of
licensure.
(3)
A practitioner who holds a Utah Controlled Substance License and a Controlled
Substance Registration issued by the Drug Enforcement Administration of the
U.S.
United States

Government
government
is excepted from licensure under this chapter.
(4)
The purchase, sale, transfer, furnishing, or receipt of a drug intended for lawful use in
the diagnosis, cure, mitigation, treatment, or prevention of disease in
man
humans
or
other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine, if the drug is lawfully purchased, sold, transferred, or furnished
as an over-the-counter medication without prescription
pursuant to
in accordance with

the federal Food, Drug and Cosmetic Act, 21 USC, Sec. 301 et seq., or regulations
adopted under that act, are excepted from licensure, reporting, and recordkeeping under
this chapter, except that products containing ephedrine, pseudoephedrine, or
phenylpropanolamine are subject to Section
58-37c-20.5
.
(5)
The purchase, sale, transfer, receipt, or manufacture of dietary supplements, vitamins,
minerals, herbs, or other similar substances, including concentrates or extracts, which
are not otherwise prohibited by law, and which may contain naturally occurring amounts
of chemicals or substances listed in this chapter, or in rules adopted
pursuant to
in
accordance with

Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, are exempt
from licensure under this chapter.
(6)
A purchaser of two ounces or less of crystal iodine in a single transaction is not required
to be licensed as a regulated purchaser if the transaction complies with Section
58-37c-18
.
(7)
The purchase, sale, transfer, receipt, or manufacture of a product that contains a
precursor chemical listed in Subsection
58-37c-3(1)(ff)
or
(gg)
and that is not intended
for human consumption is exempt from licensure or regulation and is not subject to
criminal penalties under this chapter.
Section 43. Section
58-37c-17
is amended to read:
58-37c-17
Effective
07/01/26
. Inspection authority.
For the purpose of inspecting, copying, and auditing records and reports required under
this chapter and rules adopted pursuant thereto, and for the purpose of inspecting and auditing
inventories of listed controlled substance precursors, the director, or
his
the director's
authorized agent, and law enforcement personnel of any federal, state, or local law
enforcement agency is authorized to enter the premises of regulated distributors and regulated
purchasers during normal business hours to conduct administrative inspections.
Section 44. Section
58-37f-301
is amended to read:
58-37f-301
Effective
07/01/26
. Access to database.
(1)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
effectively enforce the limitations on access to the database as described in this part;
and
(b)
establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2)
The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database
available only to the following individuals, in accordance with the requirements of this
chapter and division rules:
(a)
(i)
personnel of the division specifically assigned to conduct investigations related
to controlled substance laws under the jurisdiction of the division; and
(ii)
the following law enforcement officers, but the division may only provide
nonidentifying information, limited to gender, year of birth, and postal ZIP code,
regarding individuals for whom a controlled substance has been prescribed or to
whom a controlled substance has been dispensed:
(A)
a law enforcement agency officer who is engaged in a joint investigation with
the division; and
(B)
a law enforcement agency officer to whom the division has referred a
suspected criminal violation of controlled substance laws;
(b)
authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c)
a board member if:
(i)
the board member is assigned to monitor a licensee on probation; and
(ii)
the board member is limited to obtaining information from the database regarding
the specific licensee on probation;
(d)
a person the division authorizes to obtain that information on behalf of the Utah
Professionals Health Program established in Subsection
58-4a-103(1)
if:
(i)
the person the division authorizes is limited to obtaining information from the
database regarding the
person whose
individual whose
conduct is the subject of
the division's consideration; and
(ii)
the conduct that is the subject of the division's consideration includes a violation
or a potential violation of
Chapter 37, Utah Controlled Substances Act
, or another
relevant violation or potential violation under this title;
(e)
in accordance with a written agreement entered into with the department, employees
of the Department of Health and Human Services:
(i)
whom the director of the Department of Health and Human Services assigns to
conduct scientific studies regarding the use or abuse of controlled substances, if
the identity of the individuals and pharmacies in the database are confidential and
are not disclosed in any manner to any individual who is not directly involved in
the scientific studies;
(ii)
when the information is requested by the Department of Health and Human
Services in relation to a person or provider whom the Department of Health and
Human Services suspects may be improperly obtaining or providing a controlled
substance; or
(iii)
in the medical examiner's office;
(f)
in accordance with a written agreement entered into with the department, a designee
of the director of the Department of Health and Human Services, who is not an
employee of the Department of Health and Human Services, whom the director of the
Department of Health and Human Services assigns to conduct scientific studies
regarding the use or abuse of controlled substances
pursuant to
in accordance with

an application process established in rule by the Department of Health and Human
Services, if:
(i)
the designee provides explicit information to the Department of Health and
Human Services regarding the purpose of the scientific studies;
(ii)
the scientific studies to be conducted by the designee:
(A)
fit within the responsibilities of the Department of Health and Human
Services for health and welfare;
(B)
are reviewed and approved by an Institutional Review Board that is approved
for human subject research by the United States Department of Health and
Human Services;
(C)
are not conducted for profit or commercial gain; and
(D)
are conducted in a research facility, as defined by division rule, that is
associated with a university or college accredited by one or more regional or
national accrediting agencies recognized by the United States Department of
Education;
(iii)
the designee protects the information as a business associate of the Department
of Health and Human Services; and
(iv)
the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, and not disclosed in any manner to the designee or to
any individual who is not directly involved in the scientific studies;
(g)
in accordance with a written agreement entered into with the department and the
Department of Health and Human Services, authorized employees of a managed care
organization, as defined in 42 C.F.R. Sec. 438, if:
(i)
the managed care organization contracts with the Department of Health and
Human Services under the provisions of Section
26B-3-202
and the contract
includes provisions that:
(A)
require a managed care organization employee who will have access to
information from the database to submit to a criminal background check; and
(B)
limit the authorized employee of the managed care organization to requesting
either the division or the Department of Health and Human Services to conduct
a search of the database regarding a specific Medicaid enrollee and to report
the results of the search to the authorized employee; and
(ii)
the information is requested by an authorized employee of the managed care
organization in relation to
a person who
an individual who
is enrolled in the
Medicaid program with the managed care organization, and the managed care
organization suspects the
person
individual
may be improperly obtaining or
providing a controlled substance;
(h)
a licensed practitioner having authority to prescribe controlled substances, to the
extent the information:
(i)
(A)
relates specifically to a current or prospective patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of:
(I)
prescribing or considering prescribing any controlled substance to the
current or prospective patient;
(II)
diagnosing the current or prospective patient;
(III)
providing medical treatment or medical advice to the current or
prospective patient; or
(IV)
determining whether the current or prospective patient:
(Aa)
is attempting to fraudulently obtain a controlled substance from the
practitioner; or
(Bb)
has fraudulently obtained, or attempted to fraudulently obtain, a
controlled substance from the practitioner;
(ii)
(A)
relates specifically to a former patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of determining
whether the former patient has fraudulently obtained, or has attempted to
fraudulently obtain, a controlled substance from the practitioner;
(iii)
relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects
that the individual may have used the practitioner's Drug Enforcement
Administration identification number to fraudulently acquire or prescribe a
controlled substance;
(iv)
relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v)
relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection
(2)(i)
; or
(vi)
relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to
prescribe, a controlled substance;
(i)
in accordance with Subsection
(3)(a)
, an employee of a practitioner described in
Subsection
(2)(h)
, for a purpose described in Subsection
(2)(h)(i)
or
(ii)
, if:
(i)
the employee is designated by the practitioner as an individual authorized to
access the information on behalf of the practitioner;
(ii)
the practitioner provides written notice to the division of the identity of the
employee; and
(iii)
the division
:
grants the employee access to the database;
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database in order to permit the division to comply with the
requirements of Subsection
58-37f-203(7)
with respect to the employee;
(j)
an employee of the same business that employs a licensed practitioner under
Subsection
(2)(h)
if:
(i)
the employee is designated by the practitioner as an individual authorized to
access the information on behalf of the practitioner;
(ii)
the practitioner and the employing business provide written notice to the division
of the identity of the designated employee; and
(iii)
the division
:
grants the employee access to the database;
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database in order to permit the division to comply with the
requirements of Subsection
58-37f-203(7)
with respect to the employee;
(k)
a licensed pharmacist having authority to dispense a controlled substance, or a
licensed pharmacy intern or pharmacy technician working under the general
supervision of a licensed pharmacist, to the extent the information is provided or
sought for the purpose of:
(i)
dispensing or considering dispensing any controlled substance;
(ii)
determining whether a person:
(A)
is attempting to fraudulently obtain a controlled substance from the pharmacy,
practitioner, or health care facility; or
(B)
has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the pharmacy, practitioner, or health care facility;
(iii)
reporting to the controlled substance database; or
(iv)
verifying the accuracy of the data submitted to the controlled substance database
on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or
pharmacy technician is employed;
(l)
pursuant to
in accordance with
a valid search warrant, federal, state, and local law
enforcement officers and state and local prosecutors who are engaged in an
investigation related to:
(i)
one or more controlled substances; and
(ii)
a specific
person who
person that
is a subject of the investigation;
(m)
subject to Subsection
(7)
, a probation or parole officer, employed by the Division of
Adult Probation and Parole created in Section
64-14-202
or by a political
subdivision, to gain access to database information necessary for the officer's
supervision of a specific probationer or parolee who is under the officer's direct
supervision;
(n)
employees of the Office of Internal Audit within the Department of Health and
Human Services who are engaged in their specified duty of ensuring Medicaid
program integrity under Section
26B-3-104
;
(o)
a mental health therapist, if:
(i)
the information relates to a patient who is:
(A)
enrolled in a licensed substance abuse treatment program; and
(B)
receiving treatment from, or under the direction of, the mental health therapist
as part of the patient's participation in the licensed substance abuse treatment
program described in Subsection
(2)(o)(i)(A)
;
(ii)
the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance
abuse treatment program described in Subsection
(2)(o)(i)(A)
; and
(iii)
the licensed substance abuse treatment program described in Subsection
(2)(o)(i)(A)
is associated with a practitioner who:
(A)
is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B)
is available to consult with the mental health therapist regarding the
information obtained by the mental health therapist, under this Subsection
(2)(o)
, from the database;
(p)
an individual who is the recipient of a controlled substance prescription entered into
the database, upon providing evidence satisfactory to the division that the individual
requesting the information is in fact the individual about whom the data entry was
made;
(q)
an individual under Subsection
(2)(p)
for the purpose of obtaining a list of the
persons and entities that have requested or received any information from the
database regarding the individual, except if the individual's record is subject to a
pending or current investigation as authorized under this Subsection
(2)
;
(r)
the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties
described in
Title 63A, Chapter 13, Part 2, Office and Powers
;
(s)
the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under
Title
34A, Chapter 2, Workers' Compensation Act
, or
Title 34A, Chapter 3, Utah
Occupational Disease Act
:
(i)
a member of the medical panel described in Section
34A-2-601
;
(ii)
a physician employed as medical director for a licensed workers' compensation
insurer or an approved self-insured employer; or
(iii)
a physician offering a second opinion regarding treatment;
(t)
members of Utah's Opioid Fatality Review Committee, for the purpose of reviewing a
specific fatality due to opioid use and recommending policies to reduce the frequency
of opioid use fatalities;
(u)
a licensed pharmacist who is authorized by a managed care organization as defined
in Section
31A-1-301
to access the information on behalf of the managed care
organization, if:
(i)
the managed care organization believes that an enrollee of the managed care
organization has obtained or provided a controlled substance in violation of a
medication management program contract between the enrollee and the managed
care organization; and
(ii)
the managed care organization included a description of the medication
management program in the enrollee's outline of coverage described in Subsection
31A-22-605(7)
; and
(v)
the Utah Medicaid Fraud Control Unit of the attorney general's office for the purpose
of investigating active cases, in exercising the unit's authority to investigate and
prosecute Medicaid fraud, abuse, neglect, or exploitation under 42 U.S.C. Sec.
1396b(q).
(3)
(a)
A practitioner described in Subsection
(2)(h)
may designate one or more
employees to access information from the database under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
.
(b)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(i)
establish background check procedures to determine whether an employee
designated under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
should be granted access to the
database;
(ii)
establish the information to be provided by an emergency department employee
under Subsection
(4)
; and
(iii)
facilitate providing controlled substance prescription information to a third party
under Subsection
(5)
.
(c)
The division shall grant an employee designated under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
access to the database, unless the division determines, based on a background
check, that the employee poses a security risk to the information contained in the
database.
(4)
(a)
An individual who is employed in the emergency department of a hospital may
exercise access to the database under this Subsection
(4)
on behalf of a licensed
practitioner if the individual is designated under Subsection
(4)(c)
and the licensed
practitioner:
(i)
is employed or privileged to work in the emergency department;
(ii)
is treating an emergency department patient for an emergency medical condition;
and
(iii)
requests that an individual employed in the emergency department and
designated under Subsection
(4)(c)
obtain information regarding the patient from
the database as needed in the course of treatment.
(b)
The emergency department employee obtaining information from the database shall,
when gaining access to the database, provide to the database the name and any
additional identifiers regarding the requesting practitioner as required by division
administrative rule established under Subsection
(3)(b)
.
(c)
An individual employed in the emergency department under this Subsection
(4)
may
obtain information from the database as provided in Subsection
(4)(a)
if:
(i)
the employee is designated by the hospital as an individual authorized to access
the information on behalf of the emergency department practitioner;
(ii)
the hospital operating the emergency department
provide
provides
written notice
to the division of the identity of the designated employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database.
(d)
The division may impose a fee, in accordance with Section
63J-1-504
, on a
practitioner who designates an employee under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
to
pay for the costs incurred by the division to conduct the background check and make
the determination described in Subsection
(3)(b)
.
(5)
(a)
(i)
An individual may request that the division provide the information under
Subsection
(5)(b)
to a third party who is designated by the individual each time a
controlled substance prescription for the individual is dispensed.
(ii)
The division shall upon receipt of the request under this Subsection
(5)(a)
advise
the individual in writing that the individual may direct the division to discontinue
providing the information to a third party and that notice of the individual's
direction to discontinue will be provided to the third party.
(b)
The information the division shall provide under Subsection
(5)(a)
is:
(i)
the fact a controlled substance has been dispensed to the individual, but without
identifying the controlled substance; and
(ii)
the date the controlled substance was dispensed.
(c)
(i)
An individual who has made a request under Subsection
(5)(a)
may direct that
the division discontinue providing information to the third party.
(ii)
The division shall:
(A)
notify the third party that the individual has directed the division to no longer
provide information to the third party; and
(B)
discontinue providing information to the third party.
(6)
(a)
An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access
to the database when the individual is no longer licensed.
(b)
An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access
to the database when the practitioner is no longer licensed.
(7)
A probation or parole officer is not required to obtain a search warrant to access the
database in accordance with Subsection
(2)(m)
.
(8)
The division shall review and adjust the database programming which automatically
logs off an individual who is granted access to the database under Subsections
(2)(h)
,
(2)(i)
,
(2)(j)
, and
(4)(c)
to maximize the following objectives:
(a)
to protect patient privacy;
(b)
to reduce inappropriate access; and
(c)
to make the database more useful and helpful to a person accessing the database
under Subsections
(2)(h)
,
(2)(i)
,
(2)(j)
, and
(4)(c)
, especially in high usage locations
such as an emergency department.
(9)
Any person who
A person that
knowingly and intentionally accesses the database
without express authorization under this section is guilty of a class A misdemeanor.
Section 45. Section
58-37f-303
is amended to read:
58-37f-303
Effective
07/01/26
. Access to controlled substance prescription
information via an electronic data system.
(1)
As used in this section:
(a)
"Controlled substance" means any substance listed in Subsection
58-37-4(2)(b
)
through

(2)(e).
(b)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
(c)
"EDS user":
(i)
means:
(A)
a prescriber;
(B)
a pharmacist;
(C)
a pharmacy intern;
(D)
a pharmacy technician; or
(E)
an individual granted access to the database under Subsection
58-37f-301(3)(c)
;
and
(ii)
does not mean an individual whose access to the database has been revoked by
the division
pursuant to
in accordance with
Subsection
58-37f-301(5)(c)
.
(c)
(d)
"Electronic data system" means a software product or an electronic service used
by:
(i)
a prescriber to manage electronic health records; or
(ii)
a pharmacist, pharmacy intern, or pharmacy technician working under the general
supervision of a licensed pharmacist, for the purpose of:
(A)
managing the dispensing of prescription drugs; or
(B)
providing pharmaceutical care as defined in Section
58-17b-102
to a patient.
(d)
"Opioid" means any substance listed in Subsection
58-37-4(2)(b)(i)
or
(2)(b)(ii)
.
(e)
"Pharmacist" means the same as that term is defined in Section
58-17b-102
.
(f)
"Prescriber" means a practitioner, as that term is defined in Section
58-37-2
, who is
licensed under Section
58-37-6
to prescribe
an opioid
a controlled substance
.
(g)
"Prescription drug" means the same as that term is defined in Section
58-17b-102
.
(2)
Subject to Subsections
(3)
through
(6)
, no later than January 1, 2017, the division shall
make
opioid
controlled substance
prescription information in the database available to
an EDS user via the user's electronic data system.
(3)
An electronic data system may be used to make
opioid
controlled substance

prescription information in the database available to an EDS user only if the electronic
data system complies with rules
established by the division under
the division makes in
accordance with
Subsection
(4)
.
(4)
(a)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, specifying:
(i)
an electronic data system's:
(A)
allowable access to and use of
opioid
controlled substance
prescription
information in the database; and
(B)
minimum actions that
must
shall
be taken to ensure that
opioid
controlled
substance
prescription information accessed from the database is protected
from inappropriate disclosure or use; and
(ii)
an EDS user's:
(A)
allowable access to
opioid
controlled substance
prescription information in
the database via an electronic data system; and
(B)
allowable use of the information.
(b)
The rules shall establish:
(i)
minimum user identification requirements that in substance are the same as the
database identification requirements in Section
58-37f-301
;
(ii)
user access restrictions that in substance are the same as the database
identification requirements in Section
58-37f-301
; and
(iii)
any other requirements necessary to ensure that in substance the provisions of
Sections
58-37f-301
and
58-37f-302
apply to
opioid
controlled substance

prescription information in the database that has been made available to an EDS
user via an electronic data system.
(5)
The division may not make
opioid
controlled substance
prescription information in the
database available to an EDS user via the user's electronic data system if:
(a)
the electronic data system does not comply with the rules
established by the division
under
the division makes in accordance with
Subsection
(4)
; or
(b)
the EDS user does not comply with the rules established by the division under
Subsection
(4)
.
(6)
(a)
The division shall periodically audit the use of
opioid
controlled substance

prescription information made available to an EDS user via the user's electronic data
system.
(b)
The audit shall review compliance by:
(i)
the electronic data system with rules established by the division under Subsection
(4)
; and
(ii)
the EDS user with rules established by the division under Subsection
(4)
.
(c)
(i)
If the division determines by audit or other means that an electronic data system
is not in compliance with rules
established by the division under
the division
makes in accordance with
Subsection
(4)
, the division shall immediately suspend
or revoke the electronic data system's access to
opioid
controlled substance

prescription information in the database.
(ii)
If the division determines by audit or other means that an EDS user is not in
compliance with rules
established by the division under
the division makes in
accordance with
Subsection
(4)
, the division shall immediately suspend or revoke
the EDS user's access to
opioid
controlled substance
prescription information in
the database via an electronic data system.
(iii)
If the division suspends or revokes access to
opioid
controlled substance

prescription information in the database under Subsection
(6)(c)(i)
or
(6)(c)(ii)
,
the division shall also take any other appropriate corrective or disciplinary action
authorized by
this chapter or title
authorizes
.
Section 46. Section
58-37f-304
is amended to read:
58-37f-304
Effective
07/01/26
. Database utilization.
(1)
As used in this section:
(a)
"Dispenser" means a licensed pharmacist, as described in Section
58-17b-303
, the
pharmacist's licensed intern, as described in Section
58-17b-304
, or licensed
pharmacy technician, as described in Section
58-17b-305
, working under the
supervision of a licensed pharmacist who is also licensed to dispense a controlled
substance under Title 58, Chapter 37, Utah Controlled Substances Act.
(b)
"Outpatient" means a setting in which an individual visits a licensed healthcare
facility or a healthcare provider's office for a diagnosis or treatment but is not
admitted to a licensed healthcare facility for an overnight stay.
(c)
"Prescriber" means an individual authorized to prescribe a controlled substance under
Title 58, Chapter 37, Utah Controlled Substances Act.
(d)
"Schedule II opioid" means those substances listed in Subsection
58-37-4(2)(b)(i)
or
(2)(b)(ii)
.
(e)
"Schedule III opioid" means those substances listed in Subsection
58-37-4(2)(c)
that
are opioids.
(2)
(a)
A prescriber shall check the database for information about a patient before the
first time the prescriber gives a prescription to a patient for a Schedule II opioid or a
Schedule III opioid.
(b)
If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid to
a patient, the prescriber shall periodically review information about the patient in:
(i)
the database; or
(ii)
other similar records of controlled substances the patient has filled.
(c)
A prescriber may assign the access and review required under Subsection
(2)(a)
to
one or more employees in accordance with Subsections
58-37f-301(2)(i)
and
(j)
.
(d)
(i)
A prescriber may comply with the requirements in Subsections
(2)(a)
and
(b)

by checking an electronic health record system if the electronic health record
system:
(A)
is connected to the database through a connection that
has been approved by
the division
the division approves
; and
(B)
displays the information from the database in a prominent manner for the
prescriber.
(ii)
The division may not approve a connection to the database if the connection does
not satisfy the requirements
established by the division under
the division makes
in accordance with
Section
58-37f-301
.
(e)
A prescriber is not in violation of the requirements of Subsection
(2)(a)
or
(b)
if the
failure to comply with Subsection
(2)(a)
or
(b)
:
(i)
is necessary due to an emergency situation
as 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
;
(ii)
is caused by a suspension or disruption in the operation of the database; or
(iii)
is caused by a failure in the operation or availability of the
Internet
internet
.
(f)
The division may not take action against the license of a prescriber for failure to
comply with this Subsection
(2)
unless the failure occurs after the earlier of:
(i)
December 31, 2018; or
(ii)
the date that the division has the capability to establish a connection that meets
the requirements
established by the division under
the division makes in
accordance with
Section
58-37f-301
between the database and an electronic health
record system.
(3)
The division shall, in collaboration with the licensing boards for prescribers and
dispensers:
(a)
develop a system that gathers and reports to prescribers and dispensers the progress
and results of the prescriber's and dispenser's individual access and review of the
database, as provided in this section; and
(b)
reduce or waive the division's continuing education requirements regarding opioid
prescriptions, described in Section
58-37-6.5
, including the online tutorial and test
relating to the database, for prescribers and dispensers whose individual utilization of
the database, as
determined by the division
the division determines
, demonstrates
substantial compliance with this section.
(4)
If the dispenser's access and review of the database suggest that the individual seeking
an opioid may be obtaining opioids in quantities or frequencies inconsistent with
generally recognized standards as provided in this section and Section
58-37f-201
, the
dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's
informed, current, and professional decision regarding whether the prescribed opioid is
medically justified, notwithstanding the results of the database search.
(5)
(a)
The division shall review the database to identify any prescriber who has a pattern
of prescribing opioids not in accordance with the recommendations of:
(i)
the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the
Centers for Disease Control and Prevention;
(ii)
the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain,
published by the Department of Health and Human Services; or
(iii)
other publications describing best practices related to prescribing opioids as
identified by division
the division identifies in
rule
the division makes
in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
in consultation with the Medical Licensing Board.
(b)
The division shall offer education to a prescriber identified under this Subsection
(5)

regarding best practices in the prescribing of opioids.
(c)
A decision by a prescriber to accept or not accept the education
offered by the
division
the division offers
under this Subsection
(5)
is voluntary.
(d)
The division may not use an identification the division has made under this
Subsection
(5)
or the decision by a prescriber to accept or not accept education
offered by the division
the division offers
under this Subsection
(5)
in a licensing
investigation or action by the division.
(e)
Any record
created by the division
the division creates
as a result of this Subsection
(5)
is a protected record under Section
63G-2-305
.
(6)
The division may consult with a prescriber or health care system to assist the prescriber
or health care system in following evidence-based guidelines regarding the prescribing
of controlled substances, including the recommendations listed in Subsection
(5)(a)
.
Section 47. Section
58-37f-402
is amended to read:
58-37f-402
Effective
07/01/26
. Online tutorial and test relating to the database
-- Fees -- Rulemaking authority -- Continuing professional education credit.
(1)
The division shall develop an online tutorial and an online test for registration to use the
database that provides instruction regarding, and tests, the following:
(a)
the purpose of the database;
(b)
how to access and use the database;
and
(c)
the law relating to:
(i)
the use of the database; and
(ii)
the information submitted to, and obtained from, the database
; and
.
(d)
basic knowledge that is important for all people who prescribe controlled substances
to know in order to help ensure the health and safety of an individual to whom a
controlled substance is prescribed.
(2)
The division shall design the test described in this section as follows:
(a)
an individual shall answer all of the questions correctly in order to pass the test;
(b)
an individual shall be permitted to immediately retake the portion of the test that the
individual answers incorrectly as many times as necessary for the individual to pass
the test; and
(c)
after an individual takes the test, the test software shall:
(i)
immediately inform the individual of the number of questions that were answered
incorrectly;
(ii)
provide the correct answers;
(iii)
replay the portion of the tutorial that relates to the incorrectly answered
questions; and
(iv)
ask the individual the incorrectly answered questions again.
(3)
The division shall design the tutorial and test so that
it is possible to take the tutorial
and complete the test in 20 minutes or less
an individual may complete the tutorial and
test within 20 minutes
, if the individual answers all of the questions correctly on the first
attempt.
(4)
The division shall ensure that the tutorial and test described in this section are fully
functional and available for use online on or before November 1, 2010.
(5)
The division shall impose a fee, in accordance with Section
63J-1-504
, on an individual
who takes the test described in this section, to pay the costs
incurred by the division
the
division incurs
to:
(a)
develop, implement, and administer the tutorial and test described in this section; and
(b)
fulfill the other duties imposed on the division under this part.
(6)
The division may make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
develop, implement, and administer the tutorial and test described in this section; and
(b)
fulfill the other duties imposed on the division under this part.
(7)
The Department of Health
and Human Services
shall assist the division in developing
the portion of the test described in Subsection
(1)(d)
.
Section 48. Section
58-37f-702
is amended to read:
58-37f-702
Effective
07/01/26
. Reporting prescribed controlled substance
poisoning or overdose to a practitioner.
(1)
(a)
The division shall take the actions described in Subsection
(1)(b)
if the division
receives a report from a general acute hospital under Section
26B-2-225
regarding
admission to a general acute hospital for poisoning or overdose involving a
prescribed controlled substance.
(b)
The division shall, within
three
five
business days after the day on which a report in
Subsection
(1)(a)
is received:
(i)
attempt to identify, through the database, each practitioner who may have
prescribed the controlled substance to the patient; and
(ii)
provide
alert
each practitioner identified under Subsection
(1)(b)(i)

with:
concerning the information described in this Subsection
(1)
.
(A)
a copy of the report provided by the general acute hospital under Section
26B-2-225
; and
(B)
the information obtained from the database that led the division to determine
that the practitioner receiving the information may have prescribed the
controlled substance to the person named in the report.
(2)
(a)
When the division receives a report from the medical examiner under Section
26B-8-210
regarding a death caused by poisoning or overdose involving a prescribed
controlled substance, for each practitioner
identified by the medical examiner
the
medical examiner identifies
under Subsection
26B-8-210(1)(c)
, the division:
(i)
shall, within five business days after the day on which the division receives the
report, provide the practitioner with a copy of the report; and
(ii)
may offer the practitioner an educational visit to review the report.
(b)
A practitioner may decline an educational visit described in Subsection
(2)(a)(ii)
.
(c)
The division may not use, in a licensing investigation or action by the division:
(i)
information from an educational visit described in Subsection
(2)(a)(ii)
; or
(ii)
a practitioner's decision to decline an educational visit described in Subsection
(2)(a)(ii)
.
(3)
It is the intent of the Legislature that the information provided under Subsection
(1)
or
(2)
is provided for the purpose of assisting the practitioner in:
(a)
discussing with the patient or others issues relating to the poisoning or overdose;
(b)
advising the patient or others of measures that may be taken to avoid a future
poisoning or overdose; and
(c)
making decisions regarding future prescriptions written for the patient or others.
(4)
Any record
created by the division
the division creates
as a result of an educational
visit described in Subsection
(2)(a)(ii)
is a protected record for purposes of
Title 63G,
Chapter 2, Government Records Access and Management Act
.
(5)
Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
,
increase the licensing fee described in Subsection
58-37-6(1)(b)
to pay the startup and
ongoing costs of the division for complying with the requirements of this section.
Section 49. Section
58-37f-703
is amended to read:
58-37f-703
Effective
07/01/26
. Entering certain convictions into the database
and reporting them to practitioners.
(1)
When the division receives a report from a court under Subsection
41-6a-502(5)
or
41-6a-502.5(5)(b)
relating to a conviction for driving under the influence of, or while
impaired by, a prescribed controlled substance, the division shall:
(a)
daily
within five business days
enter into the database the information supplied in
the report, including the date on which the person was convicted;
(b)
attempt to identify, through the database, each practitioner who may have prescribed
the controlled substance to the convicted person; and
(c)
provide
alert
each practitioner identified under Subsection
(1)(b)

with:
concerning
the information described in this Subsection
(1)
.
(i)
a copy of the information provided by the court; and
(ii)
the information obtained from the database that led the division to determine that
the practitioner receiving the information may have prescribed the controlled
substance to the convicted person.
(2)
It is the intent of the Legislature that the information provided under Subsection
(1)(b)

is provided for the purpose of assisting the practitioner in:
(a)
discussing the manner in which the controlled substance may impact the convicted
person's driving;
(b)
advising the convicted person on measures that may be taken to avoid adverse
impacts of the controlled substance on future driving; and
(c)
making decisions regarding future prescriptions written for the convicted person.
(3)
Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
,
increase the licensing fee described in Subsection
58-37-6(1)(b)
to pay the startup and
ongoing costs of the division for complying with the requirements of this section.
Section 50. Section
58-40a-305
is amended to read:
58-40a-305
Effective
07/01/26
. Exemptions from licensure.
In addition to the exemptions from licensure in Section
58-1-307
, this chapter does not
require the licensure of a medical assistant as defined in Section
58-67-102
or
58-68-102
or an
individual who assists in an emergency or in providing services for which no fee is
contemplated, charged, or received, provided the individual does not
hold himself out as
represent that the individual is
an athletic trainer.
Section 51. Section
58-49-4
is amended to read:
58-49-4
Effective
07/01/26
. Qualifications for certification -- Fee.
(1)
Each applicant for certification under this chapter shall provide proof satisfactory
to the division that the applicant:
(1)
(a)
holds a baccalaureate or post-baccalaureate degree conferred by a college or
university approved by the division at the time the degree was conferred with a major
course of study in the sciences of food, dietetics, food systems management, or an
equivalent major course of study;
(2)
(b)
has completed an internship or preplanned professional baccalaureate or
post-baccalaureate experience in a dietetic program under the supervision of a
certified dietitian who is certified under this chapter or certified, registered, or
licensed under the laws of another state or territory of the United States;
(3)
(c)
has satisfactorily passed a competency examination, approved by or given at the
direction of the division; and
(4)
(d)
has paid the appropriate fees determined by the Department of Commerce. The
fee assessed by the Department of Commerce shall be fair and reasonable and shall
reflect the cost of services provided.
(2)
In addition to the requirements of Subsection
58-49-4(1)
, an applicant seeking to
exercise the compact privilege in accordance with Chapter 89, Dietitian Licensure
Compact, shall:
(a)
complete a criminal background check in accordance with Section
58-1-301.5
;
(b)
meet any other standard related to the criminal background check described in
Chapters 58 through 89, 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 approves.
Section 52. Section
58-60-102
is amended to read:
58-60-102
Effective
07/01/26
. Definitions.
As used in this chapter, unless a
different meaning is established by definition
definition establishes a different meaning
under a specific section or part:
(1)
"Board" means the Behavioral Health Board created in Section
58-60-102.5
.
(2)
"Client" or "patient" means an individual who
consults or is examined or interviewed
by
an individual licensed under this chapter who is acting in the individual's
professional capacity
consults, examines, or interviews
.
(3)
"Clinical supervision" means work experience conducted under the supervision of a
clinical supervisor, including the practice of mental health therapy, direct client care,
direct clinical supervision, direct observation, and other duties and activities completed
in the course of the day-to-day job functions and work of:
(a)
a certified social worker;
(b)
an associate marriage and family therapist;
(c)
an associate clinical mental health counselor; or
(d)
an associate master addiction counselor, wherein the supervisor is available
to the
supervisee
for consultation
with the supervisee
by personal face-to-face contact, or
by
direct voice contact by telephone,
radio
video conference
, or other means within
a reasonable
time
timeframe
consistent with the acts and practices in which the
supervisee is engaged.
(4)
"Clinical supervisor" means an individual who oversees and mentors one or more
mental health therapists licensed under this chapter, and who:
(a)
(i)
is licensed, in good standing, as a mental health therapist;
(ii)
is approved or certified in good standing as a supervisor by a national
professional organization for social work, mental health counseling, addiction
counseling, marriage and family therapy, psychology, medicine, or nursing, or
other organization as
approved by the division
the division approves
;
(iii)
(A)
has completed eight or more hours of supervision instruction that meets
minimum standards
established by the division in rule
the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; or
(B)
has completed a graduate course on clinical supervision from an accredited
program;
(iv)
completes continuing education in clinical supervision, as
established by the
division in rule
the division requires by rule the division makes in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; and
(v)
provides supervision to no more than the number of individuals to whom the
supervisor can reasonably provide clinical supervision by performing the duties
and responsibilities of a supervisor, including:
(A)
being available to the supervisee for consultation by personal face-to-face
contact, or by direct voice contact by telephone, video conference, or other
means within a reasonable time frame;
(B)
providing instruction, direction, oversight, observation, evaluation, and
feedback, to enable the supervisee to acquire the knowledge, skills, techniques,
and abilities necessary to engage in the practice of behavioral health care
ethically, safely, and competently; and
(C)
maintaining routine personal contact with the supervisee; and
(b)
(i)
is qualified and acting as a valid supervisor, in accordance with applicable law
and division rules, as of April 30, 2024; and
(ii)
has satisfied the requirements of Subsection
(4)(a)
, as of January 1, 2027.
(5)
"Confidential communication" means information obtained by an individual licensed
under this chapter, including information obtained by the individual's examination of the
client or patient, which is:
(a)
(i)
transmitted between the client or patient and an individual licensed under this
chapter in the course of that relationship; or
(ii)
transmitted among the client or patient, an individual licensed under this chapter,
and individuals who are participating in the diagnosis or treatment under the
direction of an individual licensed under this chapter, including members of the
client's or patient's family; and
(b)
made in confidence, for the diagnosis or treatment of the client or patient by the
individual licensed under this chapter, and by a means not intended to be disclosed to
third persons other than those individuals:
(i)
present to further the interest of the client or patient in the consultation,
examination, or interview;
(ii)
reasonably necessary for the transmission of the communications; or
(iii)
participating in the diagnosis and treatment of the client or patient under the
direction of the mental health therapist.
(6)
"Designated examiner" means the same as that term is defined in Section
26B-5-301
.
(7)
(a)
"Direct client care" means the practice of mental health therapy performed as an
applicant for licensure.
(b)
"Direct client care" includes:
(i)
the practice of mental health therapy;
(ii)
the utilization of patient-reported progress and outcomes to inform care; and
(iii)
direct observation.
(8)
(a)
"Direct clinical supervision" means an applicant for licensure and the applicant's
direct clinical supervisor meeting in real time and in accordance with the applicant
for licensure's supervision contract as
defined by division rule
the division defines
by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(b)
"Direct clinical supervision" includes group supervision.
(9)
"Direct clinical supervisor" means the clinical supervisor who has signed the
supervision contract with the applicant for licensure.
(10)
"Direct observation" means observation of an applicant for licensure's live or recorded
direct client care:
(a)
(i)
by the applicant for licensure's clinical supervisor; or
(ii)
by a licensee under Subsection
(4)(a)
who the applicant for licensure's direct
clinical supervisor approves; and
(b)
after which the applicant for licensure and the observer under Subsection
(10)(a)

meet, in-person or electronically, to discuss the direct client care for the purpose of
developing the applicant for licensure's clinical knowledge and skill.
(11)
"FBI Rap Back System" means the same as that term is defined in Section
53-10-108
.
(12)
"Group supervision" means an applicant for licensure meeting with the applicant's
direct clinical supervisor and at least one of the direct clinical supervisor's other
supervised applicants for licensure:
(a)
while the clinical supervisor and the applicants:
(i)
can see and openly communicate with each other; and
(ii)
are present in the same room or via electronic video; and
(b)
for the purpose of developing the applicants' clinical knowledge and skill.
(13)
"Hypnosis" means, when referring to individuals exempted from licensure under this
chapter, a process by which an individual induces or assists another individual into a
hypnotic state without the use of drugs or other substances and for the purpose of
increasing motivation or to assist the individual to alter lifestyles or habits.
(14)
"Individual" means a natural person.
(15)
"Mental health therapist" means an individual who is practicing within the scope of
practice defined in the individual's respective licensing act and is licensed under this title
as:
(a)
a physician and surgeon, or osteopathic physician engaged in the practice of mental
health therapy;
(b)
an advanced practice registered nurse, specializing in psychiatric mental health
nursing;
(c)
an advanced practice registered nurse intern, specializing in psychiatric mental health
nursing;
(d)
a psychologist qualified to engage in the practice of mental health therapy;
(e)
a certified psychology resident qualifying to engage in the practice of mental health
therapy;
(f)
a physician assistant specializing in mental health care under Section
58-70a-501.1
;
(g)
a clinical social worker;
(h)
a certified social worker;
(i)
a marriage and family therapist;
(j)
an associate marriage and family therapist;
(k)
a clinical mental health counselor;
(l)
an associate clinical mental health counselor;
(m)
a master addiction counselor; or
(n)
an associate master addiction counselor.
(16)
"Mental illness" means a mental or emotional condition defined in an approved
diagnostic and statistical manual for mental disorders generally recognized in the
professions of mental health therapy listed under Subsection
(15)
.
(17)
"Practice of mental health therapy" means treatment or prevention of another
individual's mental illness or emotional disorder, whether in person or remotely,
including:
(a)
conducting a professional evaluation of an individual's condition of mental health,
mental illness, or emotional disorder consistent with standards generally recognized
in the professions of mental health therapy listed under Subsection
(15)
;
(b)
establishing a diagnosis in accordance with established written standards generally
recognized in the professions of mental health therapy listed under Subsection
(15)
;
(c)
conveying an opinion as to the validity of an individual's established diagnosis;
(d)
prescribing a plan for the prevention or treatment of a condition of mental illness or
emotional disorder; and
(e)
engaging in the conduct of professional intervention, including:
(i)
psychotherapy by the application of established methods and procedures generally
recognized in the professions of mental health therapy listed under Subsection
(15)
;
and
(ii)
modes of treatment designed to treat interpersonal dysfunction; and
(f)
holding oneself out as providing, or has having the skills, experience, or training to
competently provide, any of the services described in Subsections
(17)(a)
through (e).
(18)
"Remotely" means communicating via
Internet
internet
, telephone, or other electronic
means that facilitate real-time audio or visual interaction between individuals when they
are not physically present in the same room at the same time.
(19)
"Unlawful conduct"
is as
means the same as that term is
defined in Sections
58-1-501

and
58-60-109
.
(20)
"Unprofessional conduct"
is as
means the same as that term is
defined in Sections
58-1-501
and
58-60-110
, and
may be further defined by division rule
as the division
defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
Section 53. Section
58-60-102.5
is amended to read:
58-60-102.5
Effective
07/01/26
. Behavioral Health Board -- Advisory
committees.
(1)
There is created the Behavioral Health Board consisting of:
(a)
no less than six behavioral health care providers licensed in Utah to practice as a:
(i)
clinical social worker;
(ii)
marriage and family therapist;
(iii)
clinical mental health counselor;
(iv)
master addiction counselor;
(v)
psychologist under Chapter 61, Psychologist Licensing Act; or
(vi)
behavior analyst or specialist;
(b)
no less than two other behavioral health care providers licensed in Utah to practice as:
(i)
a certified social worker;
(ii)
a social service worker;
(iii)
an associate marriage and family therapist;
(iv)
an associate clinical mental health counselor;
(v)
an associate master addiction counselor;
(vi)
an advanced substance use disorder counselor;
(vii)
a substance use disorder counselor;
(viii)
a certified psychology resident; or
(ix)
an assistant behavior analyst or specialist;
(c)
no less than four public members:
(i)
who comprise no less than 1/3 of the total membership of the board;
(ii)
who are not licensed to practice under:
(A)
this chapter; or
(B)
Chapter 61, Psychologist Licensing Act;
(iii)
two of whom shall, at the time of appointment to the board, hold a leadership
position with:
(A)
a behavioral health consumer advocacy organization;
(B)
a behavioral health employer;
(C)
a behavioral health payor;
(D)
an academic institution conducting research related to the behavioral health
licenses under Subsection
(3)(b)
, including public health, epidemiology,
economics, and the health care workforce;
(E)
a training institution providing education credentials required for a license
under Subsection
(3)(b)
;
(F)
a licensed health care facility as defined in Section
26B-2-201
; or
(G)
a licensed human services program as defined in Section
26B-2-101
;
(iv)
one of whom the executive director of the Department of Health and Human
Services appoints; and
(v)
one of whom is licensed in Utah to practice as a:
(A)
physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(B)
physician assistant under Chapter 70a, Utah Physician Assistant Act; or
(C)
nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
Compact - Revised.
(2)
Board members shall be appointed, serve terms, and be compensated in accordance with
Section
58-1-201
.
(3)
The board shall:
(a)
operate in accordance with Section
58-1-202
, unless otherwise provided in this
section;
(b)
oversee licenses under:
(i)
this chapter; and
(ii)
Chapter 61,
Pyschologist
Psychologist
Licensing Act;
(c)
recommend to the appropriate legislative committee statutory changes to:
(i)
ensure that regulation supports an adequate workforce to meet consumer demand
for behavioral health services; and
(ii)
prevent harm to the health, safety, and financial welfare of the public;
(d)
recommend to the appropriate legislative committee statutory changes to remove
regulations that are no longer necessary or effective in protecting the public and
enhancing commerce; and
(e)
disqualify any member from acting as a presiding officer in any administrative
procedure in which that member has previously reviewed the complaint or advised
the division.
(4)
(a)
There are created the following advisory committees to the board:
(i)
the Qualifications and Professional Development Advisory Committee;
(ii)
the Background and Investigations Advisory Committee; and
(iii)
the Probation and Compliance Advisory Committee.
(b)
Each advisory committee shall consist of:
(i)
a committee chair who is a member of the Behavioral Health Board;
and
(ii)
a member of each profession regulated under this chapter;
(iii)
Chapter 61, Psychologist Licensing Act; and
(iv)
(ii)
as determined by the division in rule, additional members from the
professions licensed under this chapter or Chapter 61, Psychologist Licensing Act.
additional members from the professions licensed under this chapter or Chapter
61, Psychologist Licensing Act, that the division appoints by rule the division
makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(c)
In addition to the requirements of Subsection
(4)(b)
:
(i)
the Qualifications and Professional Development Advisory Committee shall also
consist of an educator for each profession regulated under this chapter and
Chapter 61, Psychologist Licensing Act; and
(ii)
the Background and Investigations Advisory Committee shall also consist of a
criminal justice professional.
(d)
The Qualifications and Professional Development Advisory Committee shall:
(i)
advise the division regarding qualifications for licensure, including passing scores
for applicant examinations and standards of supervision for students or persons in
training to become licensed;
(ii)
recommend evidence-based ongoing professional development requirements for
licensure that:
(A)
ensure an adequate workforce to meet consumer demand; and
(B)
prevent harm to the health, safety, and financial welfare of the public;
(iii)
advise the division on the licensing, renewal, reinstatement, and relicensure of:
(A)
internationally trained applicants;
(B)
applicants applying via licensure by endorsement; and
(C)
applicants applying using an alternate pathway to licensure including a
non-exam or equivalent field degree path;
(iv)
draw on additional profession-specific advisors as needed;
(v)
make policy recommendations to the board regarding qualifications for licensure
or renewal for a specific profession, including the committee chair assigning at
least one committee member licensed under that profession to serve as a subject
matter expert; and
(vi)
make recommendations to the board related to an individual applicant for a
specific license, including the committee chair assigning at least one committee
member licensed under the same profession as the applicant to serve as a subject
matter expert.
(e)
The Background and Investigations Advisory Committee shall:
(i)
advise the division on establishing criteria for licensure for those with a criminal
conviction according to Section
58-1-401
;
(ii)
advise the division on establishing criteria for referral to the Utah Professionals
Health Program under Chapter 4a, Utah Professionals Health Program;
(iii)
screen applicants with a criminal history for licensing, renewal, reinstatement,
and relicensure and recommending licensing, renewal, reinstatement, and
relicensure actions to the division;
(iv)
advise the division on investigative practices and procedures and administrative
sanctions for consistency and fairness across relevant occupations;
(v)
make recommendations to the board for sanctions against individual licensees
and certificate holders
and referral to the Utah Professionals Health Program
under Chapter 4a, Utah Professionals Health Program;
(vi)
draw on additional profession-specific advisors as needed; and
(vii)
make recommendations to the board related to the disposition for any specific
applicant or licensee, including the committee chair assigning at least one
committee member licensed under the same profession as the applicant or licensee
to serve as a subject matter expert.
(f)
The Probation and Compliance Advisory Committee shall:
(i)
review compliance with probationary orders;
(ii)
review early termination and make any recommendations
as requested by the
board
the board may request
;
(iii)
advise the board regarding the screening of applicants previously sanctioned for
licensing, renewal, reinstatement, and relicensure, including recommending
licensing, renewal, reinstatement, and relicensure actions to the board;
(iv)
establish procedures for monitoring sanctioned licensees or certificate holders;
(v)
draw on additional profession-specific advisors as needed; and
(vi)
make recommendations to the board related to the disposition for any specific
licensee or certification holder, including the committee chair assigning a
committee member licensed under the same profession as the licensee or
certification holder to serve as a subject-matter expert related to that disposition.
(5)
The division, in consultation with the board, may establish one or more standing or ad
hoc subcommittees to consider and advise the board regarding any aspect of licensing,
including:
(a)
client or patient access to qualified licensees;
(b)
education, examination, and supervision of applicants for licensure;
(c)
verification of applicant for licensure qualifications;
(d)
continuing education requirements;
(e)
alternate pathways to licensure; and
(f)
probation and recovery assistance.
(6)
The division may consult with licensed psychologists on matters specific to the
oversight of doctoral-level licensed psychologists.
(7)
Members of the board and any subcommittees created under this section may not
receive compensation or benefits for the member's service, but may receive per diem and
travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(8)
The division shall consult with the Physicians Licensing Board created in Section
58-67-201
on any matters relating to:
(a)
the licensing of individual certified prescribing psychologists and provisional
prescribing psychologists; and
(b)
rulemaking related to the occupation of prescribing psychology.
Section 54. Section
58-60-108
is amended to read:
58-60-108
Effective
07/01/26
. Grounds for denial of licensure or certification --
Disciplinary proceedings.
(1)
Subject to Subsection
(2)
, the division's grounds for refusing to issue a license to an
applicant, for refusing to renew the license of a licensee, for revoking, suspending,
restricting, or placing on probation the license of a licensee, for issuing a public or
private reprimand to a licensee, and for issuing a cease and desist order are under
Section
58-1-401
.
(2)
The division may not refuse, revoke, suspend, or in any way restrict an applicant or
licensee's license under this chapter solely because the applicant or licensee seeks or
participates in mental health or substance abuse treatment.
(1)
As used in this section:
(a)
"License" includes a certification issued under this chapter.
(b)
"Licensed" includes a person certified under this chapter.
(c)
"Licensee" includes a certificate holder under this chapter.
(2)
Subject to Subsection
(7)
, the division may take an action described in Section
58-1-401

and in accordance with that section, including refusing to issue or renew a license, or
revoking, suspending, restricting, or placing a license on probation, issuing a public or
private reprimand, or issuing a cease and desist order.
(3)
(a)
(i)
Subject to Subsection
(7)
, if a court with jurisdiction determines a licensee is
incapacitated as defined in Section
75-1-20
, or that the licensee has a mental
illness as defined in Section
26B-5-301
, and is unable to safely engage in practice
under this chapter, the director shall immediately suspend the license of the
licensee upon the entry of the judgment of the court, without further proceedings
under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether
an appeal from the court's ruling is pending.
(ii)
The director shall promptly notify the licensee in writing of a suspension under
Subsection
(3)(a)(i)
.
(b)
(i)
If the division and a majority of the board find reasonable cause to believe that
a licensee cannot practice under this chapter with reasonable skill and safety to
protect a patient due to illness, excessive use of drugs or alcohol, or another
mental or physical condition, and a court has not determined that the licensee is
incapacitated or has a mental illness, the board shall:
(A)
recommend that the director file a petition with the division; and
(B)
ensure service of the petition on the licensee together with a notice of hearing
limited to the licensee's capacity to competently and safely practice under this
chapter.
(ii)
Except as provided in Subsection
(4)
, the hearing described in Subsection
(3)(b)(i)

shall be conducted under Section
58-1-109
and Title 63G, Chapter 4,
Administrative Procedures Act.
(4)
(a)
Every licensee who accepts the privilege of being licensed under this chapter
gives consent to:
(i)
submitting to an immediate mental or physical examination, at the licensee's
expense and by a division-approved practitioner selected by the licensee when
directed in writing by the division and a majority of the board to do so; and
(ii)
the admissibility of the reports of the examining practitioner's testimony or
examination, and waives all objections on the ground the reports constitute a
privileged communication.
(b)
The examination may be ordered by the division, with the consent of a majority of
the board, only upon a finding of reasonable cause to believe:
(i)
the licensee has a mental illness, is incapacitated, or otherwise unable to practice
with reasonable skill and safety; and
(ii)
immediate action by the division and the board is necessary to prevent harm to
the licensee's patients or the general public.
(c)
(i)
By written order of the director, the division may immediately suspend the
license of a licensee who fails to submit to examination in accordance with this
section.
(ii)
The division may enter the order of suspension without further compliance with
Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the
licensee's failure to submit to examination was due to circumstances beyond the
control of the licensee and unrelated to the illness or incapacity of the licensee.
(5)
(a)
A licensee whose license is suspended under Subsection
(3)
or
(4)(c)
may appeal
the suspension within 10 days after the day on which the division suspends the
license.
(b)
The hearing held under this Subsection
(5)
shall be conducted in accordance with
Sections
58-1-108
and
58-1-109
for the sole purpose of determining if sufficient
basis exists for the continuance of the order of suspension in order to prevent harm to
the licensee's patients or the general public.
(6)
A licensee whose license is revoked, suspended, or in any way restricted under this
section may request the division and the board to consider, at reasonable intervals,
evidence presented by the licensee, under procedures the division makes in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding change in
the licensee's condition, to determine whether:
(a)
the licensee is able to safely and competently engage in the practice under the
licensee's license; and
(b)
the licensee is qualified to have the licensee's license to practice under this chapter
partially or completely restored.
(7)
The division may not refuse, revoke, suspend, or restrict an applicant or licensee's
license under this chapter solely because the applicant or licensee seeks or participates in
mental health or substance abuse treatment.
(8)
Section
63G-2-206
may not be construed as limiting the authority of the division to
report current significant investigative information to the coordinated licensure
information system for transmission to party states as required of the division by the
Counseling Compact in Section
58-60a-103
or the Social Work Licensure Compact in
Section
58-60b-103
.
Section 55. Section
58-60-117
is amended to read:
58-60-117
Effective
07/01/26
. Externship licenses.
(1)
The division shall issue a temporary license under
Part 2, Social Worker Licensing Act
,
Part 3, Marriage and Family Therapist Licensing Act
, or
Part 4, Clinical Mental Health
Counselor Licensing Act
, of this chapter to a
person who
person that
:
(a)
submits an application for licensure under
Part 2, Social Worker Licensing Act
,
Part 3, Marriage and Family Therapist Licensing Act
, or
Part 4, Clinical Mental
Health Counselor Licensing Act
;
(b)
pays a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
holds an earned doctoral degree or master's degree in a discipline that is a
prerequisite for practice as a mental health therapist;
(d)
has a deficiency, as
defined
by
division rule
the division defines by rule the
division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, in course work;
(e)
provides mental health therapy as an employee of a public or private organization,
which provides mental health therapy, while under the supervision of a person
licensed under this chapter; and
(f)
has no disciplinary action pending or in effect against the applicant in connection
with the practice of mental health therapy, in any jurisdiction.
(2)
A temporary license issued under this section shall expire upon the earlier of:
(a)
issuance of the license applied for; or
(b)
unless the deadline is extended for good cause as
determined by the division
the
division determines
, three years from the date the temporary license was issued.
(3)
The temporary license issued under this section is an externship license.
Section 56. Section
58-60-207
is amended to read:
58-60-207
Effective
07/01/26
. Scope of practice -- Limitations.
(1)
A clinical social worker may engage in all acts and practices defined as the practice of
clinical social work without supervision, in private and independent practice, or as an
employee of another person, limited only by the licensee's education, training, and
competence.
(2)
To the extent an individual is professionally prepared by the education and training
track completed while earning a master's or doctor of social work degree, a licensed
certified social worker may engage in all acts and practices defined as the practice of
certified social work consistent with the licensee's education, clinical training,
experience, and competence:
(a)
under supervision of an individual described in Subsection
58-60-205(2)(d)(ii)
and as
an employee of another person when engaged in the practice of mental health therapy;
(b)
without supervision and in private and independent practice or as an employee of
another person, if not engaged in the practice of mental health therapy;
(c)
including engaging in the private, independent, unsupervised practice of social work
as a self-employed individual, in partnership with other mental health therapists, as a
professional corporation, or in any other capacity or business entity, so long as
he
the individual
does not practice unsupervised psychotherapy; and
(d)
supervising social service workers as
provided by division rule
the division
provides by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
Section 57. Section
58-60-405
is amended to read:
58-60-405
Effective
07/01/26
. Qualifications for licensure.
(1)
An applicant for licensure as a clinical mental health counselor shall:
(a)
submit an application on a form the division approves;
(b)
pay a fee determined by the department under Section
63J-1-504
;
(c)
produce certified transcripts evidencing completion of:
(i)
a master's or doctorate degree conferred to the applicant in:
(A)
clinical mental health counseling, clinical rehabilitation counseling, counselor
education and supervision from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs; or
(B)
clinical mental health counseling or an equivalent field from a program
affiliated with an institution that has accreditation that is recognized by the
Council for Higher Education Accreditation; and
(ii)
at least 60 semester credit hours or 90 quarter credit hours of coursework related
to an educational program described in Subsection
(1)(c)(i)
;
(d)
if required under federal law for any licensee as a clinical mental health counselor to
qualify as an eligible professional under CMS rules for Medicare payment, document
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued
under Subsection
(1)(e)
; or
(ii)
not less than two years of clinical supervision;
(e)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection
(1)(c)
;
(ii)
subject to Subsection
(1)(e)(iii)
, not less than 100 of which are direct clinical
supervision hours under the supervision of a clinical supervisor;
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours concurrently with more
than one other applicant for licensure;
(f)
document successful completion of not less than two hours of training in suicide
prevention obtained after completion of the education requirements under Subsection
(1)(c)
via a course that the division designates as approved;
(g)
(i)
pass the examination requirement the division establishes by rule under Section
58-1-203
; or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing
score;
(B)
document successful completion of not less than 500 additional direct client
care hours, not less than 25 of which are direct clinical supervision hours, and
not less than five of which are direct observation hours by a clinical supervisor;
(C)
submit to the division a recommendation letter from the applicant's direct
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental
health therapist who has directly observed the applicant's direct client care
hours and who is not the applicant's direct clinical supervisor; and
(h)
(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)(h)(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)
An applicant for licensure as an associate clinical mental health counselor shall comply
with the provisions of Subsections
(1)(a)
through
(c)
(1)(d)
and
(h)
(1)(h)
.
(3)
Notwithstanding Subsection
(1)(c)
, an applicant satisfies the education requirement
described in Subsection
(1)(c)
if the applicant submits documentation verifying:
(a)
satisfactory completion of a doctoral or master's degree from an educational program
in rehabilitation counseling accredited by the Council for Accreditation of
Counseling and Related Educational Programs;
(b)
satisfactory completion of at least 60 semester credit hours or 90 quarter credit hours
of coursework related to an educational program described in Subsection
(1)(c)(i)
;
and
(c)
that the applicant received a passing score
that is valid and in good standing on:
on
the National Counselor Examination.
(i)
the National Counselor Examination; and
(ii)
the National Clinical Mental Health Counseling Examination.
Section 58. Section
58-60-502
is amended to read:
58-60-502
Effective
07/01/26
. Definitions.
In addition to the definitions in Sections
58-1-102
and
58-60-102
, as
As
used in this
part:
(1)
(a)
"Counseling" means a collaborative process that facilitates the client's progress
toward mutually determined treatment goals and objectives.
(b)
"Counseling" includes:
(i)
methods that are sensitive to an individual client's characteristics, to the influence
of significant others, and to the client's cultural and social context; and
(ii)
an understanding, appreciation, and ability to appropriately use the contributions
of various addiction counseling models as the counseling models apply to
modalities of care for individuals, groups, families, couples, and significant others.
(2)
"Direct supervision" means:
(a)
a minimum of one hour of supervision by a supervisor of the substance use disorder
counselor for every 40 hours of client care provided by the substance use disorder
counselor, which supervision may include group supervision;
(b)
the supervision is conducted in a face-to-face manner, unless
otherwise approved on
a case-by-case basis by the division in collaboration with the board
the division
otherwise approves in collaboration with the board
; and
(c)
a supervisor is available for consultation with the counselor at all times.
(3)
"General supervision" shall be defined by division rule
the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(4)
"Group supervision" means more than one counselor licensed under this part meets with
the supervisor at the same time.
(5)
"Individual supervision" means only one counselor licensed under this part meets with
the supervisor at a given time.
(6)
"Practice as an advanced substance use disorder counselor" means:
(a)
providing the services described in Subsections
(9)(a)
and
(b)
;
(b)
screening and assessing of individuals, including identifying substance use disorder
symptoms and behaviors and co-occurring mental health issues;
(c)
treatment planning for substance use disorders, including initial planning, reviewing
and updating treatment plans for substance use disorders, ongoing intervention,
continuity of care, discharge planning, planning for relapse prevention, and long term
recovery support;
(d)
supervising a substance use disorder counselor in accordance with Subsection
58-60-508(2)
; and
(e)
conducting supportive counseling and psychosocial education for substance use
disorders and co-occurring mental health disorders, including:
(i)
providing individual and group support;
(ii)
providing individual and group psychosocial education; and
(iii)
providing manualized therapeutic interventions if:
(A)
conducted under the supervision of a mental health therapist;
(B)
for the treatment of mild to moderate behavioral health symptoms or
disorders, as
diagnosed by
a mental health therapist
diagnoses
; and
(C)
consistent with the client's treatment plan
approved by a
that

a
mental health
therapist
approves
.
(7)
"Practice as a master addiction counselor" means the practice of mental health therapy
by means of observation, description, evaluation, interpretation, intervention, and
treatment to effect modification of human behavior
by
:
(a)
by
the application of generally recognized substance use disorder counseling and
addiction counseling principles, methods, and procedures for the purpose of
preventing, treating, or eliminating mental or emotional illness or dysfunction,
symptoms of any of these, or maladaptive behavior; and
(b)
under
the supervision of an advanced substance use disorder counselor or a
substance use disorder counselor.
(8)
"Practice as an associate master addiction counselor" means the same as the practice as
a master addiction counselor, except while under the supervision of a clinical supervisor.
(9)
(a)
"Practice as a substance use disorder counselor" means providing services as an
employee of a substance use disorder agency under the general supervision of a
licensed mental health therapist to individuals or groups of persons, whether in
person or remotely, for conditions of substance use disorders consistent with the
education and training of a substance use disorder counselor required under this part,
and the standards and ethics of the profession as
approved by the division
the
division approves
in collaboration with the board.
(b)
"Practice as a substance use disorder counselor" includes:
(i)
administering the screening process by which a client is determined to need
substance use disorder services, which may include screening, brief intervention,
and treatment referral;
(ii)
conducting the administrative intake procedures for admission to a program;
(iii)
conducting orientation of a client, including:
(A)
describing the general nature and goals of the program;
(B)
explaining rules governing client conduct and infractions that can lead to
disciplinary action or discharge from the program;
(C)
explaining hours during which services are available in a nonresidential
program;
(D)
treatment costs to be borne by the client, if any; and
(E)
describing the client's rights as a program participant;
(iv)
conducting assessment procedures by which a substance use disorder counselor
gathers information related to an individual's strengths, weaknesses, needs, and
substance use disorder symptoms for the development of the treatment plan;
(v)
participating in the process of treatment planning, including recommending
specific interventions to support existing treatment goals and objectives developed
by the substance use disorder counselor, the mental health therapist, and the client
to:
(A)
identify and rank problems needing resolution;
(B)
establish agreed upon immediate and long term goals; and
(C)
decide on a treatment process and the resources to be utilized;
(vi)
monitoring compliance with treatment plan progress;
(vii)
providing substance use disorder counseling services to alcohol and drug use
disorder clients and significant people in the client's life as part of a
comprehensive treatment plan, including:
(A)
leading specific task-oriented groups, didactic groups, and group discussions;
(B)
cofacilitating group therapy with a licensed mental health therapist; and
(C)
engaging in one-on-one interventions and interactions coordinated by a mental
health therapist;
(viii)
performing case management activities that bring services, agencies, resources,
or people together within a planned framework of action toward the achievement
of established goals, including, when appropriate, liaison activities and collateral
contacts;
(ix)
providing substance use disorder crisis intervention services;
(x)
providing client education to individuals and groups concerning alcohol and other
substance use disorders, including identification and description of available
treatment services and resources;
(xi)
identifying the needs of the client that cannot be met by the substance use
disorder counselor or substance use disorder agency and referring the client to
appropriate services and community resources;
(xii)
developing and providing effective reporting and recordkeeping procedures and
services, which include charting the results of the assessment and treatment plan,
writing reports, progress notes, discharge summaries, and other client-related data;
and
(xiii)
consulting with other professionals in regard to client treatment and services to
assure comprehensive quality care for the client.
(c)
"Practice as a substance use disorder counselor" does not include:
(i)
the diagnosing of mental illness, including substance use disorders, as defined in
Section
58-60-102
;
(ii)
engaging in the practice of mental health therapy as defined in Section
58-60-102
;
or
(iii)
the performance of a substance use disorder diagnosis, other mental illness
diagnosis, or psychological testing.
(10)
"Program" means a substance use disorder agency that provides substance use disorder
services, including recovery support services.
(11)
"Recovery support services" means services provided to an individual who is identified
as having need of substance use disorder preventive or treatment services, either before,
during, or after an episode of care that meets the level of care standards
established by
division rule
the division makes by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(12)
"Substance use disorder agency" means a public or private agency, health care facility,
or health care practice that:
(a)
provides substance use disorder services, recovery support services, primary health
care services, or substance use disorder preventive services; and
(b)
employs qualified mental health therapists in sufficient number to:
(i)
evaluate the condition of clients being treated by each counselor licensed under
this part and employed by the substance use disorder agency; and
(ii)
ensure that appropriate substance use disorder services are being given.
(13)
"Substance use disorder education program" means a formal program of substance use
disorder education offered by an accredited institution of higher education that meets
standards
established by division rule
the division makes by rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 59. Section
58-60-506
is amended to read:
58-60-506
Effective
07/01/26
. Qualifications for licensure.
(1)
Subject to Subsection
(2)
, an applicant for licensure as master addiction counselor based
on education, training, and experience shall:
(a)
submit an application on a form the division approves;
(b)
pay a fee
determined by the department under
the division determines in accordance
with
Section
63J-1-504
;
(c)
document successful completion of not less than two hours of training in suicide
prevention obtained after completion of the education requirements under Subsection
(1)(d)
via a course that the division designates as approved;
(d)
produce a certified transcript from an accredited institution of higher education that
meets standards
established by division rule under
the division makes in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance
with
Section
58-1-203
, verifying the satisfactory completion of:
(i)
a doctoral or master's degree in:
(A)
substance use disorders or addiction counseling and treatment; or
(B)
a counseling subject
approved by the division
the division approves
in
collaboration with the board, which may include social work, mental health
counseling, marriage and family therapy, psychology, or medicine;
(ii)
an associate's degree or higher, or 18 credit hours, in substance use disorder or
addiction counseling and treatment from a regionally accredited institution of
higher education;
(e)
if required under federal law for any licensee as a master addiction counselor to
qualify as an eligible professional under CMS rules for Medicare payment, document
completion of:
(i)
not less than 3,000 hours of clinical supervision, which includes hours accrued
under Subsection
(1)(g)
; or
(ii)
not less than two years of clinical supervision;
(f)
document successful completion of not less than 1,200 direct client care hours:
(i)
obtained after completion of the education requirements under Subsection
(1)(d)(ii)
;
(ii)
subject to Subsection
(1)(f)(iii)
, not less than 100 of which are direct clinical
supervision hours under the supervision of a clinical supervisor;
(iii)
not less than 25 of which are direct observation hours; and
(iv)
not more than 25 of which are group supervision hours concurrently with more
than one other applicant for licensure;
(g)
if the applicant for licensure produces a transcript described in Subsection
(1)(d)(ii)
,
evidence completion of an additional 200 hours of direct client care hours in
substance use disorder or addiction treatment;
(h)
(i)
pass the examination requirement the division
establishes
makes
by rule
under
in accordance with
Section
58-1-203
; or
(ii)
satisfy the following requirements:
(A)
document at least one examination attempt that did not result in a passing
score;
(B)
document successful completion of not less than 500 additional direct client
care hours, not less than 25 of which are direct clinical supervision hours, and
not less than five of which are direct observation hours by a clinical supervisor;
(C)
submit to the division a recommendation letter from the applicant's direct
clinical supervisor; and
(D)
submit to the division a recommendation letter from another licensed mental
health therapist who has directly observed the applicant's direct client care
hours and who is not the applicant's direct clinical supervisor; and
(i)
(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)(i)(i)
, that the division
establishes
makes
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)
In lieu of the requirements under Subsections
(1)(d)
through
(i)
, an applicant for
licensure as master addiction counselor may document current certification in good
standing as:
(a)
a master addiction counselor by the National Certification Commission for Addiction
Professionals;
(b)
a master addiction counselor by the National Board for Certified Counselors; or
(c)
an equivalent certification as under Subsections
(2)(a)
and
(b)
,
as determined in rule
made by the division in collaboration with the board
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
.
(3)
An applicant for licensure as an associate master addiction counselor shall satisfy the
requirements under Subsections
(1)(a)
through
(c)
(1)(c)
and
(i)
(1)(i)
.
(4)
Subject to Subsection
(5)
, an applicant for licensure as an advanced substance use
disorder counselor shall:
(a)
submit an application on a form the division approves;
(b)
pay a fee
determined by the department under
the division determines in accordance
with
Section
63J-1-504
;
and
(c)
document successful completion of at least two hours of training in suicide
prevention obtained after completion of the education requirements under Subsection
(4)(d)
via a course that the division designates as approved; and
(c)
(d)
(i)
produce certified transcripts verifying satisfactory completion of:
(A)
a bachelor's degree or higher, from a regionally accredited institution of
higher learning, in substance use disorders, addiction, or related counseling
subjects, including social work, mental health counseling, marriage and family
counseling, or psychology; or
(B)
two academic years of study in a master's of addiction counseling curriculum
and practicum approved by the National Addictions Studies Accreditation
Commission;
(ii)
document completion of at least 500 hours of supervised experience while
licensed as a substance use disorder counselor under this section, which the
applicant may complete while completing the education requirements under
Subsection
(1)(c)(i)
(
1)(d)(i)
; and
(iii)
satisfy examination requirements
established by the division in rule
the division
makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(5)
An applicant for licensure as an advanced substance use disorder counselor may satisfy
the requirements of Subsection
(4)(c)
(4)(d)
by providing official verification of current
certification in good standing:
(a)
(i)
as a National Certified Addiction Counselor Level II (NCAC II) from the
National Certification Commission for Addiction Professionals (NCC AP); or
(ii)
as an Advanced Alcohol
Drug Counselor (AADC), from the International
Certification and Reciprocity Consortium; or
(b)
of substantive equivalence to the certifications under Subsection
(5)(a)
, as
determined by division rule made in consultation with the board
the division requires
by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
.
(6)
In accordance with division rules, an applicant for licensure as a substance use disorder
counselor shall produce:
(a)
certified transcripts from an accredited institution that:
(i)
meet division standards; and
(ii)
verify the completion of prerequisite courses
established by division rules
the
division requires by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
; and
(b)
documentation of the applicant's completion of a substance use disorder education
program that includes:
(i)
completion of at least 200 hours of substance use disorder related education;
(ii)
included in the 200 hours described in Subsection
(6)(b)(i)
, a minimum of two
hours of training in suicide prevention via a course that the division designates as
approved; and
(iii)
completion of a supervised practicum
of at least 200 hours
.
Section 60. Section
58-60-508
is amended to read:
58-60-508
Effective
07/01/26
. Substance use disorder counselor supervisor's
qualifications -- Functions.
(1)
A mental health therapist supervisor of a substance use disorder counselor shall:
(a)
be qualified by education or experience to treat substance use disorders;
(b)
be currently working in the substance use disorder treatment field;
(c)
review substance use disorder counselor assessment procedures and
recommendations;
(d)
provide substance use disorder diagnosis and other mental health diagnoses in
accordance with Subsection
58-60-102(7)
;
(e)
supervise the development of a treatment plan;
(f)
approve the treatment plan; and
(g)
provide direct supervision for not more than six persons, unless granted an exception
in writing from the board and the division.
(2)
A licensed advanced substance use disorder counselor may act as the supervisor of a
certified
licensed
substance use disorder counselor
, certified substance use disorder
counselor intern, certified advanced substance use disorder counselor, or certified
advanced substance use disorder counselor intern
if the licensed advanced substance
use disorder counselor:
(a)
has at least two years of experience as a licensed advanced substance use disorder
counselor;
(b)
is currently working in the substance use disorder field; and
(c)
provides direct supervision for no more than six individuals, unless granted an
exception in writing from the board and the division.
Section 61. Section
58-60-601
is amended to read:
58-60-601
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Health care facility" means the same as that term is defined in Section
26B-2-201
.
(2)
"Human services program" means the same as that term is defined in Section
26B-2-101
.
(3)
"Practice of mental health therapy" means the same as that term is defined in Section
58-60-102
.
(4)
"Practice as a behavioral health coach" means, subject to Subsection
(5)
, providing
services as an employee of a substance use disorder or mental health agency, and
working under the general supervision of a mental health therapist and includes:
(a)
providing services under the definition of practice as a behavioral health technician
in Subsection
(6)
;
(b)
conducting administrative and care coordination activities, including:
(i)
providing targeted case management;
(ii)
providing care navigation services, including:
(A)
connecting individuals to behavioral health resources and social services; and
(B)
facilitating communication with other behavioral health providers;
(iii)
providing referrals and crisis referrals, including:
(A)
engaging in warm handoffs with other behavioral health providers; and
(B)
adhering to a standardized protocol in responding to a crisis or risk of crisis
within a behavioral health facility, program, or other entity;
(iv)
providing additional support to other behavioral health providers, facilities,
programs, and entities, including:
(A)
conducting administrative activities; and
(B)
extending non-clinical behavioral health support; and
(v)
providing discharge, post-treatment referral, and non-clinical after-care services;
(c)
conducting patient assessment, monitoring, and planning activities, including:
(i)
conducting non-clinical psychosocial assessments and screenings;
(ii)
conducting collaborative planning, care planning, and goal setting;
(iii)
gathering information to inform a mental health therapist's:
(A)
diagnostic evaluations;
(B)
initial treatment plans; and
(C)
treatment plan reviews and updates;
(iv)
monitoring client progress and tracking outcomes to inform a mental health
therapist's:
(A)
diagnostic evaluations; and
(B)
treatment plan reviews and updates;
(v)
assisting in drafting initial treatment plans by gathering information on a client's
history and demographics, only:
(A)
in the treatment of clients with mild to moderate behavioral health symptoms
or disorders, as assessed or diagnosed by a mental health therapist, and as
defined by the division in rule
the division defines by rule the division makes
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(B)
with completion of the treatment plan by a mental health therapist after
assessing the client before treatment begins; and
(C)
at the discretion of and with prior documented authorization from a licensed
health care facility, or from a licensed human services program; and
(vi)
assisting in the information gathering process of reviewing and updating
treatment goals, only:
(A)
in the treatment of clients with mild to moderate behavioral health symptoms
or disorders, as assessed or diagnosed by a mental health therapist;
(B)
with completion of the treatment plan from a mental health therapist after
assessing the client before subsequent treatment begins; and
(C)
at the discretion of and with prior documented authorization from a licensed
health facility or a licensed human service program; and
(d)
conducting intervention and treatment activities, including:
(i)
providing psychosocial education groups related to behavioral health literacy,
wellness education and promotion, goal setting, life skills, and coping skills;
(ii)
providing other interventions to enhance client social skills, emotional
well-being, and overall functioning, including:
(A)
supportive consultations;
(B)
habilitation services; and
(C)
activity-based programs;
(iii)
providing evidence-based, manualized interventions, only:
(A)
under the supervision of a mental health therapist;
(B)
in the treatment of mild to moderate behavioral health symptoms or disorders,
as assessed or diagnosed by a mental health therapist
, and as the division
defines by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
and
(C)
according to a treatment plan reviewed and signed by a mental health therapist

after assessing the client before treatment begins
; and
(D)
at the discretion of and with prior documented authorization from a licensed
health care facility, or from a licensed human services program; and
(iv)
co-facilitating group therapy with a mental health therapist.
(5)
"Practice as a behavioral health coach" does not include engaging in the practice of
mental health therapy.
(6)
(a)
"Practice as a behavioral health technician" means working under the general
supervision of a mental health therapist and includes:
(i)
supporting administrative and care coordination activities, including:
(A)
maintaining accurate and confidential client records, progress notes, and
incident reports, in compliance with applicable legal and ethical standards; and
(B)
assisting in discharge, referral, and after-care documentation, coordination,
and administration;
(ii)
supporting patient non-clinical assessment, monitoring, and care planning
activities, including:
(A)
collecting intake and non-clinical psychosocial assessment information;
(B)
gathering information to support diagnostic and treatment planning activities
conducted by a mental health therapist; and
(C)
observing, documenting, and reporting on client behaviors, treatment
interventions, progress, and outcomes to a mental health therapist;
(iii)
supporting intervention and treatment activities, including:
(A)
supporting licensed professionals in implementing interventions designed to
address behavioral health issues;
(B)
facilitating psychoeducational groups or activities, development skills or
activities, or social support groups or activities to enhance client social skills,
emotional well-being, and overall functioning;
(C)
providing education and support to clients and their families on behavioral
health issues, treatment options, and community resources;
(D)
implementing behavioral management strategies including de-escalation
techniques and crisis intervention as needed; and
(E)
implementing crisis intervention strategies in accordance with established
protocols, and ensuring the safety and well-being of clients during emergencies.
(b)
"Practice as a behavioral health technician" does not include:
(i)
engaging in the practice of mental health therapy; or
(ii)
serving as a designated examiner.
(7)
Notwithstanding any other provision of this part, no behavioral health coach is
authorized to practice outside of or beyond
his or her
the behavioral health coach's
area
of training, experience, or competence.
(8)
Notwithstanding any other provision of this part, no behavioral health technician is
authorized to practice outside of or beyond
his or her
the behavioral health technician's

area of training, experience, or competence.
Section 62. Section
58-61-102
is amended to read:
58-61-102
Effective
07/01/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Board" means the Behavioral Health Board created in Section
58-60-102.5
.
(2)
"Client" or "patient" means an individual who
consults or is examined or interviewed
by
a psychologist
,
acting in
his
a
professional capacity
, consults, examines, or
interviews
.
(3)
"Confidential communication" means information, including information obtained by
the psychologist's examination of the client or patient, which is:
(a)
(i)
transmitted between the client or patient and a psychologist in the course of that
relationship; or
(ii)
transmitted among the client or patient, the psychologist, and individuals who are
participating in the diagnosis or treatment under the direction of the psychologist,
including members of the client's or patient's family; and
(b)
made in confidence, for the diagnosis or treatment of the client or patient by the
psychologist, and by a means not intended to be disclosed to third persons other than
those individuals:
(i)
present to further the interest of the client or patient in the consultation,
examination, or interview;
(ii)
reasonably necessary for the transmission of the communications; or
(iii)
participating in the diagnosis and treatment of the client or patient under the
direction of the psychologist.
(4)
"Hypnosis" means, regarding individuals exempted from licensure under this chapter, a
process by which one individual induces or assists another individual into a hypnotic
state without the use of drugs or other substances and for the purpose of increasing
motivation or to assist the individual to alter lifestyles or habits.
(5)
"Individual" means a natural person.
(6)
"Mental health therapist" means an individual licensed under this title as a:
(a)
physician and surgeon, or osteopathic physician engaged in the practice of mental
health therapy;
(b)
an advanced practice registered nurse, specializing in psychiatric mental health
nursing;
(c)
an advanced practice registered nurse intern, specializing in psychiatric mental health
nursing;
(d)
psychologist qualified to engage in the practice of mental health therapy;
(e)
a certified psychology resident qualifying to engage in the practice of mental health
therapy;
(f)
clinical social worker;
(g)
certified social worker;
(h)
marriage and family therapist;
(i)
an associate marriage and family therapist;
(j)
a clinical mental health counselor; or
(k)
an associate clinical mental health counselor.
(7)
"Mental illness" means a mental or emotional condition defined in an approved
diagnostic and statistical manual for mental disorders generally recognized in the
professions of mental health therapy listed under Subsection
(6)
.
(8)
"Practice of mental health therapy" means the treatment or prevention of mental illness,
whether in person or remotely, including:
(a)
conducting a professional evaluation of an individual's condition of mental health,
mental illness, or emotional disorder;
(b)
establishing a diagnosis in accordance with established written standards generally
recognized in the professions of mental health therapy listed under Subsection
(6)
;
(c)
prescribing a plan for the prevention or treatment of a condition of mental illness or
emotional disorder; and
(d)
engaging in the conduct of professional intervention, including psychotherapy by the
application of established methods and procedures generally recognized in the
professions of mental health therapy listed under Subsection
(6)
.
(9)
(a)
"Practice of psychology" includes:
(i)
the practice of mental health therapy by means of observation, description,
evaluation, interpretation, intervention, and treatment to effect modification of
human behavior by the application of generally recognized professional
psychological principles, methods, and procedures for the purpose of preventing,
treating, or eliminating mental or emotional illness or dysfunction, the symptoms
of any of these, or maladaptive behavior;
(ii)
the observation, description, evaluation, interpretation, or modification of human
behavior by the application of generally recognized professional principles,
methods, or procedures requiring the education, training, and clinical experience
of a psychologist, for the purpose of assessing, diagnosing, preventing, or
eliminating symptomatic, maladaptive, or undesired behavior and of enhancing
interpersonal relationships, work and life adjustment, personal effectiveness,
behavioral health, and mental health;
(iii)
psychological testing and the evaluation or assessment of personal characteristics
such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning;
(iv)
counseling, marriage and family therapy, psychoanalysis, psychotherapy,
hypnosis, and behavior analysis and therapy;
(v)
diagnosis and treatment of mental and emotional disorders of disability,
alcoholism and substance abuse, disorders of habit or conduct, and the
psychological aspects of physical illness, accident, injury, or disability; and
(vi)
psychoeducational evaluation, therapy, remediation, and consultation.
(b)
An individual practicing psychology may provide services to individuals, couples,
families, groups of individuals, members of the public, and individuals or groups
within organizations or institutions.
(10)
"Remotely" means communicating via
Internet
internet
, telephone, or other electronic
means that facilitate real-time audio or visual interaction between individuals when they
are not physically present in the same room at the same time.
(11)
"Unlawful conduct"
is as
means the same as that term is
defined in Sections
58-1-501

and
58-61-501
.
(12)
"Unprofessional conduct"
is as
means the same as that term is
defined in Sections
58-1-501
and
58-61-502
, and
may be further defined by division rule
as the division
defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
Section 63. Section
58-61-301
is amended to read:
58-61-301
Effective
07/01/26
. Licensure required -- Certifications.
(1)
(a)
A license is required to engage in the practice of psychology, except as
specifically provided in Section
58-1-307
.
(b)
Notwithstanding the provisions of Subsection
58-1-307(1)(c)
an individual shall be
certified under this chapter as a psychology resident in order to engage in a residency
program of supervised clinical training necessary to meet licensing requirements as a
psychologist under this chapter.
(2)
The division shall issue to an individual who qualifies under this chapter:
(a)
a license in the classification of:
(i)
psychologist;
(ii)
certified psychology resident;
and
or
(iii)
licensed school psychological practitioner;
and
or
(b)
a certification in the classification of:
(i)
certified prescribing psychologist;
and
or
(ii)
provisional prescribing psychologist.
Section 64. Section
58-61-307
is amended to read:
58-61-307
Effective
07/01/26
. Exemptions from licensure.
(1)
Except as modified in Section
58-61-301
, the exemptions from licensure in Section
58-1-307
apply to this chapter.
(2)
In addition to the exemptions from licensure in Section
58-1-307
, the following when
practicing within the scope of the license held, may engage in acts included within the
definition of practice as a psychologist, subject to the stated circumstances and
limitations, without being licensed under this chapter:
(a)
a physician and surgeon or osteopathic physician licensed under
Chapter 67, Utah
Medical Practice Act
, or
Chapter 68, Utah Osteopathic Medical Practice Act
;
(b)
a registered psychiatric mental health nurse specialist licensed under
Chapter 31b,
Nurse Practice Act
;
(c)
a recognized member of the clergy while functioning in
his
a
ministerial capacity as
long as
he
the individual
does not represent
himself as
that the individual is a
psychologist
or use the title of psychologist;
(d)
an individual who is offering expert testimony in any proceeding before a court,
administrative hearing, deposition upon the order of any court or other body having
power to order the deposition, or proceedings before any master, referee, or
alternative dispute resolution provider;
(e)
an individual engaged in performing hypnosis who is not licensed under this title in a
profession which includes hypnosis in its scope of practice, and who:
(i)
(A)
induces a hypnotic state in a client for the purpose of increasing motivation
or altering lifestyles or habits, such as eating or smoking, through hypnosis;
(B)
consults with a client to determine current motivation and behavior patterns;
(C)
prepares the client to enter hypnotic states by explaining how hypnosis works
and what the client will experience;
(D)
tests clients to determine degrees of suggestibility;
(E)
applies hypnotic techniques based on interpretation of consultation results and
analysis of client's motivation and behavior patterns; and
(F)
trains clients in self-hypnosis conditioning;
(ii)
may not:
(A)
engage in the practice of mental health therapy;
(B)
represent himself using the title of a license classification in Subsection
58-60-102(5)
; or
(C)
use hypnosis with or treat a medical, psychological, or dental condition
defined in generally recognized diagnostic and statistical manuals of medical,
psychological, or dental disorders;
(f)
an individual's exemption from licensure under Subsection
58-1-307(1)(b)
terminates
when the student's training is no longer supervised by qualified faculty or staff and
the activities are no longer a defined part of the degree program;
(g)
an individual holding an earned doctoral degree in psychology who is employed by
an accredited institution of higher education and who conducts research and teaches
in that individual's professional field, but only if the individual does not engage in
providing delivery or supervision of professional services regulated under this
chapter to individuals or groups regardless of whether there is compensation for the
services;
(h)
any individual who was employed as a psychologist by a state, county, or municipal
agency or other political subdivision of the state prior to July 1, 1981, and who
subsequently has maintained employment as a psychologist in the same state, county,
or municipal agency or other political subdivision while engaged in the performance
of
his
the individual's
official duties for that agency or political subdivision;
(i)
an individual licensed as a school psychologist under Section
53E-6-201
:
(i)
may
represent himself as and
use the terms "school psychologist" or "licensed
school psychologist"; and
(ii)
is restricted in his practice to employment
may only practice
within settings
authorized by the State Board of Education;
(j)
an individual providing advice or counsel to another individual in a setting of
their
association as friends
friendship,
or relatives and in a nonprofessional and
noncommercial relationship, if there is no compensation paid for the advice or
counsel; and
(k)
an individual who is licensed, in good standing, to practice mental health therapy in a
state or territory of the United States outside of Utah may provide short term
transitional mental health therapy remotely to a client in Utah only if:
(i)
the individual is present in the state or territory where the individual is licensed to
practice mental health therapy;
(ii)
the client relocates to Utah;
(iii)
the client is a client of the individual immediately before the client relocates to
Utah;
(iv)
the individual provides the short term transitional mental health therapy to the
client only during the 45 day period beginning on the day on which the client
relocates to Utah;
(v)
within 10 days after the day on which the client relocates to Utah, the individual
provides written notice to the division of the individual's intent to provide short
term transitional mental health therapy remotely to the client; and
(vi)
the individual does not engage in unlawful conduct or unprofessional conduct.
Section 65. Section
58-61-401
is amended to read:
58-61-401
Effective
07/01/26
. Grounds for denial of licensure or certification --
Disciplinary proceedings.
(1)
Subject to Subsection
(2)
, the division's grounds for refusing to issue a license to an
applicant, for refusing to renew the license of a licensee, for revoking, suspending,
restricting, or placing on probation the license of a licensee, for issuing a public or
private reprimand to a licensee, and for issuing a cease and desist order are under
Section
58-1-401
.
(2)
The division may not refuse, revoke, suspend, or in any way restrict an applicant or
licensee's license under this chapter solely because the applicant or licensee seeks or
participates in mental health or substance abuse treatment.
(1)
As used in this section:
(a)
"License" includes a certification issued under this chapter.
(b)
"Licensed" includes a person certified under this chapter.
(c)
"Licensee" includes a certificate holder under this chapter.
(2)
Subject to Subsection
(7)
, the division may take an action described in Section
58-1-401

and in accordance with that section, including refusing to issue or renew a license, or
revoking, suspending, restricting, or placing a license on probation, issuing a public or
private reprimand, or issuing a cease and desist order.
(3)
(a)
(i)
Subject to Subsection
(7)
, if a court with jurisdiction determines a licensee is
incapacitated as defined in Section
75-1-20
, or that the licensee has a mental
illness as defined in Section
26B-5-301
, and is unable to safely engage in practice
under this chapter, the director shall immediately suspend the license of the
licensee upon the entry of the judgment of the court, without further proceedings
under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether
an appeal from the court's ruling is pending.
(ii)
The director shall promptly notify the licensee in writing of a suspension under
Subsection
(3)(a)(i)
.
(b)
(i)
If the division and a majority of the board find reasonable cause to believe that
a licensee cannot practice under this chapter with reasonable skill and safety to
protect a patient due to illness, excessive use of drugs or alcohol, or another
mental or physical condition, and a court has not determined that the licensee is
incapacitated or has a mental illness, the board shall:
(A)
recommend that the director file a petition with the division; and
(B)
ensure service of the petition on the licensee together with a notice of hearing
limited to the licensee's capacity to competently and safely practice under this
chapter.
(ii)
Except as provided in Subsection
(4)
, the hearing described in Subsection
(3)(b)(i)

shall be conducted under Section
58-1-109
and Title 63G, Chapter 4,
Administrative Procedures Act.
(4)
(a)
Every licensee who accepts the privilege of being licensed under this chapter
gives consent to:
(i)
submitting to an immediate mental or physical examination, at the licensee's
expense and by a division-approved practitioner selected by the licensee when
directed in writing by the division and a majority of the board to do so; and
(ii)
the admissibility of the reports of the examining practitioner's testimony or
examination, and waives all objections on the ground the reports constitute a
privileged communication.
(b)
The examination may be ordered by the division, with the consent of a majority of
the board, only upon a finding of reasonable cause to believe:
(i)
the licensee has a mental illness, is incapacitated, or otherwise unable to practice
with reasonable skill and safety; and
(ii)
immediate action by the division and the board is necessary to prevent harm to
the licensee's patients or the general public.
(c)
(i)
By written order of the director, the division may immediately suspend the
license of a licensee who fails to submit to examination in accordance with this
section.
(ii)
The division may enter the order of suspension without further compliance with
Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the
licensee's failure to submit to examination was due to circumstances beyond the
control of the licensee and unrelated to the illness or incapacity of the licensee.
(5)
(a)
A licensee whose license is suspended under Subsection
(3)
or
(4)(c)
may appeal
the suspension within 10 days after the day on which the division suspends the
license.
(b)
The hearing held under this Subsection
(5)
shall be conducted in accordance with
Sections
58-1-108
and
58-1-109
for the sole purpose of determining if sufficient
basis exists for the continuance of the order of suspension in order to prevent harm to
the licensee's patients or the general public.
(6)
A licensee whose license is revoked, suspended, or in any way restricted under this
section may request the division and the board to consider, at reasonable intervals,
evidence presented by the licensee, under procedures the division makes by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
change in the licensee's condition, to determine whether:
(a)
the licensee is able to safely and competently engage in the practice under the
licensee's license; and
(b)
the licensee is qualified to have the licensee's license to practice under this chapter
partially or completely restored.
(7)
The division may not refuse, revoke, suspend, or restrict an applicant or licensee's
license under this chapter solely because the applicant or licensee seeks or participates in
mental health or substance abuse treatment.
(8)
Section
63G-2-206
may not be construed as limiting the authority of the division to
report current significant investigative information to the coordinated licensure
information system for transmission to party states as required of the division by Article
IX of the Psychology Interjurisdictional Compact in Section
58-61b-102
.
Section 66. Section
58-61-501
is amended to read:
58-61-501
Effective
07/01/26
. Unlawful conduct.
As used in this chapter, "unlawful conduct" includes:
(1)
practice of psychology unless licensed as a psychologist or certified psychology resident
under this chapter or exempted from licensure under this title;
(2)
practice of mental health therapy by a licensed psychologist who has not acceptably
documented to the division
his
the licensed psychologist's
completion of the supervised
training in psychotherapy required under Subsection
58-61-304(1)(e)
; or
(3)
representing oneself as or using the title of psychologist, or certified psychology
resident unless currently licensed under this chapter.
Section 67. Section
58-63-302
is amended to read:
58-63-302
Effective
07/01/26
. Qualifications for licensure.
(1)
Each applicant for licensure as an armored car company or a contract security company
shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee
determined by the department under
the division determines in accordance
with
Section
63J-1-504
;
(c)
have a qualifying agent who:
(i)
meets with the division and the board and demonstrates that the applicant and the
qualifying agent meet the requirements of this section;
(ii)
is a resident of the state;
(iii)
is responsible management personnel or a company owner of the applicant;
(iv)
exercises material day-to-day authority in the conduct of the applicant's business
by making substantive technical and administrative decisions and whose primary
employment is with the applicant;
(v)
is not concurrently acting as a qualifying agent or employee of another armored
car company or contract security company and is not engaged in any other
employment on a regular basis;
(vi)
is not involved in any activity that would conflict with the qualifying agent's
duties and responsibilities under this chapter to ensure that the qualifying agent's
and the applicant's performance under this chapter does not jeopardize the health
or safety of the general public;
(vii)
is not an employee of a government agency;
(viii)
passes an examination component
established by rule by the division in
collaboration with the board
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
(ix)
(A)
demonstrates 6,000 hours of compensated experience as a manager,
supervisor, or administrator of an armored car company or a contract security
company; or
(B)
demonstrates 6,000 hours of supervisory experience acceptable to the division
in collaboration with the board with a federal, United States military, state,
county, or municipal law enforcement agency;
(d)
require that each company officer, company owner, company proprietor, company
trustee, and responsible management personnel with direct responsibility for
managing operations of the applicant within the state:
(i)
provide name, address, date of birth, social security number, and fingerprints; and
(ii)
(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
(1)(d)(ii)(A)
, that the division
establishes
makes
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
approves;
(e)
have company officers, company owners, company proprietors, company trustees,
and responsible management personnel who have not been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of a contract
security company or an armored car company by the division and the board
indicates that the best interests of the public are not served by granting the
applicant a license;
(f)
document that none of the individuals described in Subsection
(1)(e)
:
(i)
have been declared by a court
of competent
with
jurisdiction incompetent by
reason of mental defect or disease and not been restored; or
(ii)
currently suffer from habitual drunkenness or from drug addiction or dependence
are currently unable to perform the duties required under this title due to a mental
or physical illness or condition, or engagement in any of the behaviors listed in
Subsection
58-1-501(2)(a)(v)
;
(g)
file and maintain with the division evidence of:
(i)
comprehensive general liability insurance in a form
and in amounts established
by rule by the division in collaboration with the board and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
in accordance with
Subsection
58-63-102(13)(b)
;
(ii)
workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law;
(iii)
registration with the Division of Corporations and Commercial Code; and
(iv)
registration as required by applicable law with the:
(A)
Unemployment Insurance Division in the Department of Workforce Services,
for purposes of
Title 35A, Chapter 4, Employment Security Act
;
(B)
State Tax Commission; and
(C)
Internal Revenue Service; and
(h)
meet with the division
and board if requested by the division or board
or board as
the division or board may request
.
(2)
Each applicant for licensure as an armed private security officer:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armed
private security officer by the division and the board indicates that the best
interests of the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
Sec. 922(g);
(e)
may not have been declared incompetent by a court
of competent
with
jurisdiction
by reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(g)
shall successfully complete basic education and training requirements established by
rule by the division in collaboration with the board and in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of
eight hours of classroom or online curriculum;
(h)
shall successfully complete firearms training requirements
established by rule by
the division
makes
in collaboration with the board and in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, which shall include a minimum of
12 hours of training;
(i)
shall pass the examination requirement
established by rule by
the division
makes
in
collaboration with the board and in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
(j)
shall:
(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)(j)(i)
, that the division
establishes
makes
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; and
(k)
shall meet with the division
and board if requested by the division or the board
or
board as the division or board may request
.
(3)
Each applicant for licensure as an unarmed private security officer:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an unarmed
private security officer by the division and the board indicates that the best
interests of the public are not served by granting the applicant a license;
(d)
may not have been declared incompetent by a court
of competent
with
jurisdiction
by reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(f)
shall successfully complete basic education and training requirements
established by
rule by
the division
makes by rule
in collaboration with the board and in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, which shall include
a minimum of eight hours of classroom or online curriculum;
(g)
shall pass the examination requirement
established by rule by
the division
makes
by rule
in collaboration with the board and in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
;
(h)
shall:
(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)(h)(i)
, that the division
establishes
makes
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; and
(i)
shall meet with the division
and board if requested by the division or board
or board
as the division or board may request
.
(4)
Each applicant for licensure as an armored car security officer:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of:
(i)
a felony; or
(ii)
a crime that when considered with the duties and responsibilities of an armored
car security officer by the division and the board indicates that the best interests of
the public are not served by granting the applicant a license;
(d)
may not be prohibited from possession of a firearm or ammunition under 18 U.S.C.
Sec. 922(g);
(e)
may not have been declared incompetent by a court
of competent
with
jurisdiction
by reason of mental defect or disease and not been restored;
(f)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(g)
shall successfully complete basic education and training requirements
established by
rule by
the division
makes by rule
in collaboration with the board and in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall successfully complete firearms training requirements
established by rule by
the division
makes by rule
in collaboration with the board and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(i)
shall pass the examination requirements
established by rule by
the division
makes
by rule
in collaboration with the board and in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
;
(j)
shall:
(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
(4)(j)(i)
, that the division
establishes
makes
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; and
(k)
shall meet with the division and board if requested by the division or the board.
(5)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
division may make a rule establishing when the division shall request a Federal Bureau
of Investigation records' review for an applicant who is applying for licensure or
licensure renewal under this chapter.
Section 68. Section
58-64-302
is amended to read:
58-64-302
Effective
07/01/26
. Qualifications for licensure.
(1)
An applicant for licensure as a deception detection examiner:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered
with the duties and responsibilities of a deception detection examiner is considered
by the division to indicate that the best interests of the public will not be served by
granting the applicant a license;
(d)
may not have been declared by any court
of competent
with
jurisdiction
incompetent by reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(f)
shall have completed one of the following:
(i)
have earned a bachelor's degree from a four-year university or college meeting
standards the division
establishes
makes
by rule made in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
have completed not less than 8,000 hours of investigation experience
approved
by the division
that the division approves
; or
(iii)
have completed a combination of university or college education and
investigation experience, as
defined by rule made by the
the
division
defines by
rule the division makes
in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, as being equivalent to the requirements under
Subsection
(1)(f)(i)
or
(1)(f)(ii)
;
(g)
shall have successfully completed a training program in
detection
deception

detection
meeting criteria the division
establishes
makes
by rule made in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall:
(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)(h)(i)
, that the division
establishes
makes
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; and
(i)
shall have performed satisfactorily as a licensed deception detection intern for a
period of not less than one year and shall have satisfactorily conducted not less than
100 deception detection examinations under the supervision of a licensed deception
detection examiner.
(2)
An applicant for licensure as a deception detection intern:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered
with the duties and responsibilities of a deception detection intern is considered by
the division to indicate that the best interests of the public will not be served by
granting the applicant a license;
(d)
may not have been declared by any court
of competent
with
jurisdiction
incompetent by reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(f)
shall have completed one of the following:
(i)
have earned a bachelor's degree from a four-year university or college meeting
standards the division
establishes
makes
by rule made in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
have completed not less than 8,000 hours of investigation experience
approved
by the division
that the division approves
; or
(iii)
have completed a combination of university or college education and
investigation experience, as
defined by rule
the division
defines by rule the
division
makes in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, as being equivalent to the requirements under Subsection
(2)(f)(i)

or
(2)(f)(ii)
;
(g)
shall have successfully completed a training program in
detection
deception

detection
meeting criteria
established by rule
the division makes
by rule
in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(h)
shall:
(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
(2)(h)(i)
, that the division
establishes
makes
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; and
(i)
shall provide the division with an intern supervision agreement in a form the division
approves under which:
(i)
a licensed deception detection examiner agrees to supervise the intern; and
(ii)
the applicant agrees to be supervised by that licensed deception detection
examiner.
(3)
An applicant for licensure as a deception detection examination administrator:
(a)
shall submit an application in a form the division approves;
(b)
shall pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(c)
may not have been convicted of a felony or any other crime that when considered
with the duties and responsibilities of a deception detection examination
administrator is considered by the division to indicate that the best interests of the
public will not be served by granting the applicant a license;
(d)
may not have been declared by a court
of competent
with
jurisdiction incompetent
by reason of mental defect or disease and not been restored;
(e)
may not be currently suffering from habitual drunkenness or from drug addiction or
dependence
may not be currently unable to perform the duties required under this
title due to a mental or physical illness or condition, or engagement in any of the
behaviors listed in Subsection
58-1-501(2)(a)(v)
;
(f)
shall have earned an associate degree from a state-accredited university or college or
have an equivalent number of years' work experience;
(g)
shall:
(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
(3)(g)(i)
, that the division
establishes
makes
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; and
(h)
shall have successfully completed a training program and have obtained certification
in deception detection examination administration provided by the manufacturer of a
scientific or technology-based software application solution that the director approves.
Section 69. Section
58-67-502
is amended to read:
58-67-502
Effective
07/01/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a)
using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b)
making a material misrepresentation regarding the qualifications for licensure under
Section
58-67-302.7
or
58-67-302.8
;
(c)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
or Chapter 88,
Part 2, Dispensing Practice,
if applicable;
(d)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis;
(e)
performing or inducing an abortion in violation of the requirements of Section
76-7-302
or Section
76-7a-201
, regardless of whether the individual licensed under
this chapter is found guilty of a crime in connection with the violation;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(ii)
conduct described in Subsections
(1)(a)
through
(e)
or Subsection
58-1-501(1)
;
(g)
performing, or causing to be performed, upon an individual who is less than 18 years
old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure; or
(h)
designating a child as do not resuscitate without parental consent.
(2)
"Unprofessional conduct" does not include:
(a)
in compliance with Section
58-85-103
:
(i)
obtaining an investigational drug or investigational device;
(ii)
administering the investigational drug to an eligible patient; or
(iii)
treating an eligible patient with the investigational drug or investigational device;
or
(b)
in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis:
(i)
when acting as a recommending medical provider, as that term is defined in
Section
26B-4-201
, recommending the use of medical cannabis; or
(ii)
when registered as a pharmacy medical provider, as that term is defined in
Section
26B-4-201
, providing pharmacy medical provider services in a medical
cannabis pharmacy.
(3)
Notwithstanding Subsection
(2)(b)
, the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall
define unprofessional conduct for a physician described in Subsection
(2)(b)
.
Section 70. Section
58-68-802
is amended to read:
58-68-802
Effective
07/01/26
. Form of practice.
(1)
An osteopathic physician and surgeon licensed under this chapter may engage in
practice as an osteopathic physician and surgeon or in the practice of osteopathic
medicine only as an individual licensee, but as an individual licensee,
he
an osteopathic
physician and surgeon licensed under this chapter
may be:
(a)
an individual operating as a business proprietor;
(b)
an employee of another person;
(c)
a partner in a lawfully organized partnership;
(d)
a lawfully formed professional corporation;
(e)
a lawfully organized limited liability company;
(f)
a lawfully organized business corporation; or
(g)
any other form of organization
recognized
by
the state and not prohibited
by
division rule made in collaboration with the board
the state recognizes and that the
division does not prohibit by rule made in collaboration with the board
.
(2)
Regardless of the form in which a licensee engages in the practice of osteopathic
medicine, the licensee may only permit the practice of medicine in that form of business
practice to be conducted by an individual:
(a)
licensed in Utah as an osteopathic physician and surgeon under Section
58-68-301
or
as a physician and surgeon under Section
58-67-301
; and
(b)
who is able to lawfully and competently engage in the practice of medicine to direct
or interfere in the licensee's practice of medicine.
Section 71. Section
58-69-502
is amended to read:
58-69-502
Effective
07/01/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a)
sharing professional fees with an unlicensed person or paying any person for sending
or referring a patient;
(b)
making an unsubstantiated claim of superiority in training or skill as a dentist or
dental hygienist or in the performance of professional services;
(c)
refusing authorized agents of the division or state or local health authorities access to
the facilities related to the practice of dentistry or dental hygiene during normal
business hours for the purpose of inspection;
(d)
failing to maintain facilities, instruments, equipment, supplies, appliances, or other
property or conditions related to the practice of dentistry in a sanitary condition
consistent with the standards and ethics of the professions of dentistry or dental
hygiene;
or
(e)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, or Chapter 88,
Part 2, Dispensing Practice, if applicable; or
(e)
(f)
falsely making an entry in, or altering, a medical record with the intent to
conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(ii)
conduct described in Subsections
(1)(a)
through
(d)
or Subsection
58-1-501(1)
.
(2)
For purposes of Subsection
(1)(b)
, an unsubstantiated claim of superiority:
(a)
includes for the practice of dentistry:
(i)
advertising or otherwise holding oneself out to the public as practicing a dental
specialty in which the dentist has not successfully completed the education
specified for the dental specialty as
defined
by
the American Dental
Association
defines
; and
(ii)
using the following words in advertising "Endodontist," "Orthodontist," "Oral and
Maxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice
Limited to," "Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when
the dentist has not successfully completed the education specified for the dental
specialty as
defined
by
the American Dental Association
defines
; and
(b)
does not include a dentist who advertises as being qualified in a recognized specialty
area of dental practice so long as each such advertisement, regardless of form,
contains a prominent disclaimer that the dentist is licensed as a general dentist or that
the specialty services will be provided by a general dentist.
Section 72. Section
58-70a-503
is amended to read:
58-70a-503
Effective
07/01/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes:
(a)
violation of a patient confidence to any
person who
person that
does not have a
legal right and a professional need to know the information concerning the patient;
(b)
knowingly prescribing, selling, giving away, or directly or indirectly administering,
or offering to prescribe, sell, furnish, give away, or administer any prescription drug
except for a legitimate medical purpose upon a proper diagnosis indicating use of that
drug in the amounts prescribed or provided;
(c)
prescribing prescription drugs for oneself or administering prescription drugs to
oneself, except those that have been legally prescribed for the physician assistant by a
licensed practitioner and that are used in accordance with the prescription order for
the condition diagnosed;
(d)
in a practice that has physician assistant ownership interests, failure to allow a
physician the independent final decision making authority on treatment decisions for
the physician's patient;
(e)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
or Chapter 88,
Part 2, Dispensing Practice,
if applicable;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(ii)
conduct described in Subsections
(1)(a)
through
(e)
or Subsection
58-1-501(1)
;
(g)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis; or
(h)
designating a child as do not resuscitate without parental consent.
(2)
(a)
"Unprofessional conduct" does not include, in accordance with Title 26B, Chapter
4, Part 2, Cannabinoid Research and Medical Cannabis, when acting as a
recommending medical provider, as that term is defined in Section
26B-4-201
,
recommending the use of medical cannabis.
(b)
Notwithstanding Subsection
(2)(a)
, the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall
define unprofessional conduct for a physician assistant described in Subsection
(2)(a)
.
Section 73. Section
58-72-302
is amended to read:
58-72-302
Effective
07/01/26
. Qualifications for licensure.
An applicant for licensure as a licensed acupuncturist shall:
(1)
submit an application in a form
prescribed by the division
the division approves
;
(2)
pay a fee
determined by the department under
the division determines in accordance
with
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)
National Certification Board for Acupuncture and
Herbal Medicine (NCBAHM)
as demonstrated through a current certificate or other
appropriate documentation;
(4)
pass the examination
required
by
the division
by
rule
the division requires by
rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
;
(5)
establish procedures, as
defined
by
rule
the division defines by rule the division
makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
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 74. Section
58-73-102
is amended to read:
58-73-102
Effective
07/01/26
. Definitions.
(1)
"Adjustment of the articulation of the spinal column" means performance by a
chiropractic physician by the use of passive movements directed toward the goal of
restoring joints to their proper physiological relationship of motion and related function,
releasing adhesions, or stimulating joint receptors using one or more of the following
techniques:
(a)
impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a
nature that the patient cannot prevent the motion, commencing where the motion
encounters the elastic barrier of resistance and ends at the limit of anatomical
integrity;
(b)
instrument adjusting, utilizing instruments specifically designed to deliver sudden,
high velocity, short amplitude thrust;
(c)
light force adjusting utilizing sustained joint traction or applied directional pressure,
or both, which may be combined with passive motion to restore joint mobility; and
(d)
long distance lever adjusting utilizing forces delivered at some distance from the
dysfunctional site and aimed at transmission through connected structures to
accomplish joint mobility.
(2)
"Board" means the Chiropractic Physician Licensing Board created in Section
58-73-201
.
(3)
"Chiropractic assistant" means an individual who performs activities related to the
practice of chiropractic under the supervision of a licensed chiropractic physician in
accordance with division rule established in collaboration with the board.
(4)
"Chiropractic physician" means an individual who has been licensed under this chapter
to practice chiropractic.
(5)
"Diagnosis of the articulation of the spinal column" means to examine the articulations
of the spinal column of another human to determine the source, nature, kind, or extent of
a disease, vertebral subluxation, or other physical condition, and to make a
determination of the source, nature, kind, or extent of a disease or other physical
condition.
(6)
"Elastic barrier" means the point at which the patient cannot move a joint by
his
the
patient's
own means and through which movement is obtained or caused by a
practitioner's skillful treatment using the practitioner's hands in a manipulation of a joint
by thrust of sudden, high velocity, short amplitude so the patient cannot prevent the
motion.
(7)
"Incisive surgery" means any procedure having the power or quality of cutting of a
patient for the purpose of treating disease, injury, or deformity, and includes the use of
laser.
(8)
"Manipulate the articulation of the spinal column" means use by a practitioner of a
skillful treatment using the practitioner's hands in a manipulation of a joint as follows:
(a)
by thrust of sudden, high velocity, short amplitude so the patient cannot prevent the
motion;
(b)
the movement of the joint is by force beyond its active limit of motion;
(c)
the manipulation commences where mobilization ends and specifically begins when
the elastic barrier of resistance is encountered and ends at the limit of anatomical
integrity; and
(d)
the manipulation is directed to the goal of restoring joints to their proper
physiological relationship of motion and related function, releasing adhesions, or
stimulating joint receptors.
(9)
"Practice of chiropractic" means a practice of a branch of the healing arts:
(a)
the purpose of which is to restore or maintain human health, in which patient care or
first aid, hygienic, nutritional, or rehabilitative procedures are administered;
(b)
which places emphasis upon specific vertebral adjustment, manipulation, and
treatment of the articulation and adjacent tissues of the spinal column,
musculoskeletal structure of the body, and nervous system;
(c)
that involves examining, diagnosing, treating, correcting, or prescribing treatment for
any human disease, ailment, injury, infirmity, deformity, pain, or other condition, or
the attempt to do so, in accordance with Section
58-73-601
;
(d)
that involves diagnosing, prescribing treatment, or making a determination of
treatment necessity for another person's condition by means of:
(i)
a physical examination of the person; or
(ii)
a determination based upon or derived from information supplied directly or
indirectly by a third person; and
(e)
that includes the practice described in this Subsection
(9)
on an animal subject to:
(i)
Subsection
58-28-307(12)
;
(ii)
the provisions of this chapter; and
(iii)
division rule.
(10)
"Therapeutically position the articulation of the spinal column" means to adjust or
manipulate the articulation of the spinal column.
Section 75. Section
58-73-302
is amended to read:
58-73-302
Effective
07/01/26
. Qualifications for licensure.
(1)
Each applicant for licensure as a chiropractic physician, other than an applicant applying
for a license based on licensure as a chiropractor or chiropractic physician in another
jurisdiction, shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee
determined by the department under
the division determines in accordance
with
Section
63J-1-504
;
(c)
demonstrate satisfactory completion of at least two years of general study in a
college or university;
(d)
demonstrate having earned a degree of doctor of chiropractic from a chiropractic
college or university that at the time the degree was conferred was accredited by the
Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting
body recognized by the United States Department of Education and by the division
rule made in collaboration with the board;
(e)
demonstrate successful completion of:
(i)
the National Chiropractic Boards:
(A)
Parts I and II;
(B)
Written Clinical Competency Examination; and
(C)
Physiotherapy;
(ii)
the Utah Chiropractic Law and Rules Examination; and
(iii)
a practical examination
approved by the division
the division approves
in
collaboration with the board;
(f)
meet with the board, if requested, for the purpose of reviewing the applicant's
qualifications for licensure; and
(g)
(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)(g)(i)
, that the division
establishes
makes
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)
Each applicant for licensure as a chiropractic physician based on licensure as a
chiropractor or chiropractic physician in another jurisdiction shall:
(a)
submit an application in the form the division approves;
(b)
pay a fee
determined by the department under
the division determines in accordance
with
Section
63J-1-504
;
(c)
demonstrate having obtained licensure as a chiropractor or chiropractic physician in
another state under education requirements which were equivalent to the education
requirements in this state to obtain a chiropractor or chiropractic physician license at
the time the applicant obtained the license in the other state;
(d)
demonstrate successful completion of
:
the Utah Chiropractic Law and Rules
Examination;
(i)
the Utah Chiropractic Law and Rules Examination; and
(ii)
the Special Purposes Examination for Chiropractic (SPEC) of the National Board
of Chiropractic Examiners;
(e)
have been actively engaged in the practice of chiropractic for not less than two years
immediately preceding application for licensure in Utah;
(f)
meet with the board, if requested, for the purpose of reviewing the applicant's
qualifications for licensure; and
(g)
(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
(2)(g)(i)
, that the division
establishes
makes
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
provides.
Section 76. Section
58-73-401
is amended to read:
58-73-401
Effective
07/01/26
. Grounds for denial of license -- Disciplinary
proceedings -- Limitation on division actions.
(1)
Grounds for the following are in accordance with Section
58-1-401
:
(a)
refusing to issue a license to an applicant;
(b)
refusing to renew the license of a licensee;
(c)
revoking, suspending, restricting, or placing on probation the license of a licensee;
(d)
issuing a public or private reprimand to a licensee; and
(e)
issuing a cease and desist order.
(2)
If a court
of competent
with
jurisdiction determines a chiropractic physician is
incompetent, mentally incompetent, incapable, or has a mental illness, the director shall
suspend the license of that chiropractic physician, even if an appeal is pending.
(3)
(a)
If
it appears to the board
the board believes
there is reasonable cause to believe a
chiropractic physician who has not been judicially determined to be incompetent,
mentally incompetent, incapable, or to have a mental illness, is unable to practice
chiropractic with reasonable skill and safety
to patients by reason of illness,
drunkenness, excessive use of drugs, narcotics, chemicals, or any other substance
due
to a mental or physical illness or condition, or engagement in any of the behaviors
listed in Subsection
58-1-501(2)(a)(v)
, or as a result of any mental or physical
condition, a petition shall be served upon that chiropractic physician for a hearing on
the sole issue of the capacity of the chiropractic physician to conduct properly the
practice of the chiropractic physician.
(b)
Every chiropractic physician licensed by this state is considered to have:
(i)
agreed to submit to a mental or physical examination upon receipt of a written
direction given by the division with the approval of the board; and
(ii)
waived all objections to the admissibility of the examining chiropractic
physician's or other practitioner's testimony or examination reports on the ground
they constitute a privileged communication.
(c)
Failure of a chiropractic physician to submit to an examination under Subsection
(3)(b)
when directed by the division, unless the failure was due to circumstances
beyond
his
the chiropractic physician's
control, constitutes grounds for immediate
suspension of the chiropractic physician's license and an order of suspension of the
license may be entered by the division without the taking of testimony or the
presentation of evidence.
(d)
A chiropractic physician whose license is suspended under this section shall, at
reasonable intervals, be afforded the opportunity to demonstrate the chiropractic
physician can resume the competent practice of chiropractic with reasonable skill and
safety to patients.
(e)
Neither the proceedings of the board nor the action taken by
it
under
the board in
accordance with
this section may be used against a chiropractic physician in any
other proceedings.
(4)
The terms of revocation, suspension, or probation under this chapter may include:
(a)
revoking the license to practice either permanently or with a stated date before which
the individual may not apply for licensure;
(b)
suspending, limiting, or restricting the license to practice chiropractic for up to five
years, including limiting the practice of the person to, or excluding from the person's
practice, one or more specific branches of medicine, including any limitation on
practice within the specified branches;
(c)
requiring the license holder to submit to care, counseling, or treatment by physicians
approved by or designated by the board, as a condition for licensure;
(d)
requiring the license holder to participate in a program of education prescribed by the
board;
(e)
requiring the license holder to practice under the direction of a physician designated
by the board for a specified period of time; or
(f)
other appropriate terms and conditions
determined by the division
the division
determines
in collaboration with the board to be necessary to protect the public
health, safety, or welfare.
Section 77. Section
58-73-501
is amended to read:
58-73-501
Effective
07/01/26
. Unprofessional conduct.
Unprofessional conduct is as defined in Section
58-1-501
, as defined by division rule,
and also includes
A person engages in unprofessional conduct if the person
:
(1)
engaging
engages
in practice as a chiropractic physician after electing to place
his
the
person's
license on inactive status, without having established with the board that
he
the
person
has initiated or completed continuing education necessary to reinstate active
status of
his
the person's
license;
(2)
failing
fails
to complete required continuing professional education;
(3)
violating
violates
any of the scope of practice standards set forth in Section
58-73-601
;
(4)
failing
fails
to maintain patient records in sufficient detail to clearly substantiate a
diagnosis, all treatment rendered to the patient in accordance with the recognized
standard of chiropractic care, and fees charged for professional services;
(5)
refusing
refuses
to divulge to the division on demand the means, methods, device, or
instrumentality used in the treatment of a disease, injury, ailment, or infirmity, unless
that information is protected by the physician-patient privilege of Utah and the patient
has not waived that privilege;
(6)
refusing
refuses
the division or the division's employees access to
his
the person's
office, instruments, laboratory equipment, appliances, or supplies at reasonable times for
purposes of inspection;
(7)
fraudulently
representing
represents
that curable disease, sickness, or injury can be
cured in a stated time, or knowingly making any false statement in connection with the
practice of chiropractic;
(8)
offering, undertaking, or agreeing
offers, undertakes, or agrees
to cure or treat a
disease, injury, ailment, or infirmity by a secret means, method, device, or
instrumentality;
(9)
willfully and intentionally
making
makes
any false statement or entry in any
chiropractic office records or other chiropractic records or reports;
(10)
knowingly
engaging
engages
in billing practices which are abusive and represent
charges which are fraudulent or grossly excessive for services rendered;
(11)
performing, procuring, or agreeing
performs, procures, or agrees
to procure or
perform, or
advising, aiding in or abetting, or offering or attempting to procure or aid or
abet
advises, aids and abets, offers, or attempts to aid and abet
in the procuring of a
criminal abortion;
(12)
willfully
betraying or disclosing
betrays or discloses
a professional confidence or
violation of a privileged communication, except:
(a)
as required by law; or
(b)
to assist the division by fully and freely exchanging information concerning
applicants or licensees with the licensing or disciplinary boards of other states or
foreign countries, the Utah chiropractic associations, their component societies, or
chiropractic societies of other states, countries, districts, territories, or foreign
countries;
(13)
directly or indirectly
giving or receiving
gives or receives
any fee, commission,
rebate, or other compensation for professional services not actually rendered or
supervised, but this subsection does not preclude the legal relationships within lawful
professional partnerships, corporations, or associations;
(14)
knowingly
failing
fails
to transfer a copy of pertinent and necessary medical records
or a summary of them to another physician when requested to do so by the subject
patient or
his
the patient's
designated representative;
(15)
making
makes
a false entry in, or altering, a medical record with the intent to conceal:
(a)
a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this
chapter; or
(b)
conduct described in Subsections
(1)
through
(14)
or Subsection
58-1-501(1)
;
(16)
sharing
shares
professional fees with a
person who
person that
is not licensed under
this chapter; and
(17)
paying
pays
a person for a patient referral.
Section 78. Section
58-73-601
is amended to read:
58-73-601
Effective
07/01/26
. Scope of practice for a chiropractic physician.
(1)
A chiropractic physician licensed under this chapter may engage in the practice of
chiropractic as defined in Section
58-73-102
in accordance with the following standards.
(2)
A chiropractic physician may:
(a)
examine, diagnose, and treat only within the scope of chiropractic as described in this
Subsection
(2)
;
(b)
(i)
use x-ray for diagnostic purposes only; and
(ii)
order, for diagnostic purposes only:
(A)
ultrasound;
(B)
magnetic resonance imaging; and
(C)
computerized tomography;
(c)
administer:
(i)
physical agents, including light, heat, cold, water, air, sound, compression,
electricity, and electromagnetic radiation except gamma radiation; and
(ii)
physical activities and devices, including:
(A)
exercise with and without devices;
(B)
joint mobilization;
(C)
mechanical stimulation;
(D)
postural drainage;
(E)
traction;
(F)
positioning;
(G)
wound debridement, cleansing, and dressing changes;
(H)
splinting;
(I)
training in locomotion and other functional activities with and without
assistance devices; and
(J)
correction of posture, body mechanics, and gait;
(d)
administer the following topically applied medicinal agents, including steroids,
anesthetics, coolants, and analgesics for wound care and for musculoskeletal
treatment, including their use by iontophoresis or phonophoresis;
(e)
treat pain incident to major or minor surgery, cancer, obstetrics, or x-ray therapy;
(f)
utilize immobilizing appliances, casts, and supports for support purposes, but may
not set displaced bone fractures;
(g)
inform the patient of possible side effects of medication and recommend referral to
the prescribing practitioner;
(h)
provide instruction in the use of physical measures, activities, and devices for
preventive and therapeutic purposes;
(i)
provide consulting, educational, and other advisory services for the purposes of
reducing the incidence and severity of physical disability, movement dysfunctions,
bodily malfunction, and pain;
(j)
treat a human being to assess, prevent, correct, alleviate, and limit physical disability,
movement dysfunction, bodily malfunction, and pain resulting from disorders,
congenital and aging conditions, injury, and disease; and
(k)
administer, interpret, and evaluate tests.
(3)
A chiropractic physician may not:
(a)
perform incisive surgery;
(b)
administer drugs or medicines for which an authorized prescription is required by
law except as provided in Subsection
(2)(d)
;
(c)
treat cancer;
(d)
practice obstetrics;
(e)
prescribe or administer x-ray therapy; or
(f)
set displaced fractures.
(4)
A chiropractic physician shall assume responsibility for
his
the chiropractic physician's
examinations, diagnoses, and treatment.
(5)
Nothing in this section authorizes a chiropractic physician to prescribe, possess for
dispensing, dispense, purchase without a prescription written by a licensed and
authorized practitioner, or administer, except under Subsection
(2)(d)
, a drug requiring a
prescription to dispense, under
Title 58, Chapter 37, Utah Controlled Substances Act
, or
Title 58, Chapter 17b, Pharmacy Practice Act
.
(6)
Only primary health care providers licensed under this title as osteopathic physicians,
physicians and surgeons, naturopaths, and chiropractic physicians, may diagnose, adjust,
manipulate, or therapeutically position the articulation of the spinal column to the extent
permitted by their scopes of practice.
Section 79. Section
58-74-302
is amended to read:
58-74-302
Effective
07/01/26
. Qualifications for state certification.
(1)
Each applicant for state certification as a state certified court reporter under this chapter
shall:
(a)
be at least 18 years of age;
(b)
be a citizen of the United States;
(c)
(a)
submit an application in a form
prescribed by the division
the division approves
;
(d)
(b)
pay a fee
determined by the department under
the division determines in
accordance with
Section
63J-1-504
;
(e)
(c)
possess a high degree of skill and ability in the art of court reporting; and
(f)
(d)
submit evidence that the applicant has completed and passed the Registered
Professional Reporter Examination of the National Court Reporters Association or
the Certified Verbatim Reporter Examination of the National Verbatim Reporters
Association.
(2)
A person granted a certificate to practice as a state certified court reporter may use the
abbreviation "C.C.R." or "C.V.R." as long as the person's certificate is current and valid.
Section 80. Section
58-76-603
is amended to read:
58-76-603
Effective
07/01/26
. Seal -- Authorized use.
A professional geologist may only affix the licensee's seal to a geologic map,
cross-section, sketch, drawing, plan, or report if the geologic map, cross-section, sketch,
drawing, plan, or report:
(1)
was personally prepared by the licensee;
(2)
was prepared by an employee, subordinate, associate, or drafter under the supervision of
a licensee, provided the licensee or a principal affixing
his
the
seal assumes
responsibility;
(3)
was prepared by a licensed professional geologist in this state or any other state
provided:
(a)
the licensee in this state affixing the seal performs a thorough review of all work for
compliance with all applicable laws and rules and the standards of the profession; and
(b)
makes any necessary corrections before submitting the final plan, specification, or
report:
(i)
to a public authority; or
(ii)
to a client who has contracted with a professional geologist for the geologic map,
cross-section, or report to be complete and final;
(4)
was prepared in part by a licensed professional geologist in this state or any other state
provided:
(a)
the licensee in this state clearly identifies that portion of the geologic map,
cross-section, or report for which the licensee is responsible;
(b)
the licensee in this state affixing the seal performs a thorough review of that portion
of the geologic map, cross-section, or report for which the licensee is responsible for
compliance with the standards of the profession; and
(c)
makes any necessary corrections before submitting the final geologic map,
cross-section, or report for which the licensee is responsible:
(i)
to a public authority; or
(ii)
to a client who has contracted with a professional geologist for the geologic map,
cross-section, or report to be complete and final;
(5)
was prepared by a person exempt from licensure as a professional geologist provided
that:
(a)
the licensee in this state affixing the seal performs a thorough review for compliance
with all applicable laws and rules and the standards of the profession; and
(b)
makes any necessary corrections before submitting the final geologic map,
cross-section, or report:
(i)
to a public authority; or
(ii)
to a client who has contracted with a professional geologist for the geologic map,
cross-section, or report to be complete and final; or
(6)
meets any additional requirements
established
by
rule
by
the division
makes by
rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
in collaboration with the board.
Section 81. Section
58-81-103
is amended to read:
58-81-103
Effective
07/01/26
. Eligibility for volunteer health care practitioner
license -- Delegation of service agreement.
(1)
A health care practitioner is eligible to apply to the division and board for a volunteer
health care practitioner license if the health care practitioner:
(a)
certifies to the division and board that the applicant will be engaged exclusively in
volunteer health care services; and
(b)
completes an application for a volunteer health care practitioner license, which
includes documentation:
(i)
of professional education, exams passed, and graduation;
(ii)
of practice history;
(iii)
of a qualified location for which the health care practitioner will be practicing;
(iv)
identifying the supervising health care practitioner and the supervising health
care practitioner's delegation of service agreement with the volunteer practitioner;
and
(v)
that the applicant has:
(A)
previously been issued an unrestricted license to practice in Utah, another
state of the United States, or a district or territory of the United States;
(B)
never been the subject of any significant disciplinary action in any
jurisdiction; and
(C)
is in good health and does not have a condition which would impair the health
care practitioner's ability to practice with reasonable skill and safety to patients.
(2)
A health care provider who has agreed to be a supervising professional for a volunteer
at a qualified location shall:
(a)
enter into a delegation of service agreement with the volunteer health care
practitioner;
(b)
agree to provide the level of supervision required in Subsection
58-81-102(6)
;
(c)
determine with the volunteer whether the volunteer's scope of practice or ability to
prescribe controlled substances will be limited by the delegation of service agreement;
(d)
include in the delegation of service agreement that the volunteer may not prescribe a
controlled substance to
himself
the volunteer
, the volunteer's family, or a staff
member of the qualified location; and
(e)
forward the delegation of service agreement to the division.
Section 82. Section
58-87-202
is amended to read:
58-87-202
Effective
07/01/26
. Registration as an athlete agent -- Form --
Requirements.
(1)
An applicant for registration shall submit an application for registration as an athlete
agent to the division in a form
prescribed by the division
the division approves
. An
application filed under this section is a public record under
Title 63G, Chapter 2,
Government Records Access and Management Act
. The applicant
must
shall
be an
individual, and the application
must
shall
be signed by the applicant under penalty of
perjury. Except as otherwise provided in Subsections
(2)
and
(3)
, the application
must
shall
contain at least the following:
(a)
the name and date and place of birth of the applicant and the following contact
information for the applicant:
(i)
the address of the applicant's principal place of business;
(ii)
work and mobile telephone numbers; and
(iii)
any means of communicating electronically, including a facsimile number, email
address, and personal and business or employer websites;
(b)
the name of the applicant's business or employer, if applicable, including for each
business or employer, its mailing address, telephone number, organization form, and
the nature of the business;
(c)
each social-media account with which the applicant or the applicant's business or
employer is affiliated;
(d)
each business or occupation in which the applicant engaged within five years before
the date of the application, including self-employment and employment by others,
and any professional or occupational license, registration, or certification held by the
applicant during that time;
(e)
a description of the applicant's:
(i)
formal training as an athlete agent;
(ii)
practical experience as an athlete agent; and
(iii)
educational background relating to the applicant's activities as an athlete agent;
(f)
the name of each student athlete for whom the applicant acted as an athlete agent
within five years before the date of the application or, if the student athlete is a
minor, the name of the parent or guardian of the minor, together with the athlete's
sport and last-known team;
(g)
the name and address of each person that:
(i)
is a partner, member, officer, manager, associate, or profit sharer or directly or
indirectly holds an equity interest of 5% or greater of the athlete agent's business
if
it
that
is not a corporation; and
(ii)
is an officer or director of a corporation employing the athlete agent or a
shareholder having an interest of 5% or greater in the corporation;
(h)
a description of the status of any application by the applicant, or any person named
under Subsection
(1)(g)
, for a state or federal business, professional, or occupational
license, other than as an athlete agent, from a state or federal agency, including any
denial, refusal to renew, suspension, withdrawal, or termination of the license and
any reprimand or censure related to the license;
(i)
whether the applicant, or any person named under Subsection
(1)(g)
, has pleaded
guilty or no contest to, has been convicted of, or has charges pending for,
a

crime
that would involve moral turpitude or be a felony if committed in this state
any crime
that would be considered a felony in this state or any other crime that, when
considered with the functions and duties of the profession, bears a substantial
relationship to the applicant's ability to safely or competently perform as an athlete
agent
and, if so, identification of:
(i)
the crime;
(ii)
the law-enforcement agency involved; and
(iii)
if applicable, the date of the conviction and the fine or penalty imposed;
(j)
whether, within 15 years before the date of application, the applicant, or any person
named under Subsection
(1)(g)
, has been a defendant or respondent in a civil
proceeding, including a proceeding seeking an adjudication of incompetence and, if
so, the date and a full explanation of each proceeding;
(k)
whether the applicant, or any person named under Subsection
(1)(g)
, has an
unsatisfied judgment or a judgment of continuing effect, including alimony or a
domestic order in the nature of child support, which is not current at the date of the
application;
(l)
whether, within 10 years before the date of application, the applicant, or any person
named under Subsection
(1)(g)
, was adjudicated bankrupt or was an owner of a
business that was adjudicated bankrupt;
(m)
whether there has been any administrative or judicial determination that the
applicant, or any person named under Subsection
(1)(g)
, made a false, misleading,
deceptive, or fraudulent representation;
(n)
each instance in which conduct of the applicant, or any person named under
Subsection
(1)(g)
, resulted in the imposition of a sanction, suspension, or declaration
of ineligibility to participate in an interscholastic, intercollegiate, or professional
athletic event on a student athlete or a sanction on an educational institution;
(o)
each sanction, suspension, or disciplinary action taken against the applicant, or any
person named under Subsection
(1)(g)
, arising out of occupational or professional
conduct;
(p)
whether there has been a denial of an application for, suspension or revocation of,
refusal to renew, or abandonment of, the registration of the applicant, or any person
named under Subsection
(1)(g)
, as an athlete agent in any state;
(q)
each state in which the applicant currently is registered as an athlete agent or has
applied to be registered as an athlete agent;
(r)
if the applicant is certified or registered by a professional league or players
association:
(i)
the name of the league or association;
(ii)
the date of certification or registration, and the date of expiration of the
certification or registration, if any; and
(iii)
if applicable, the date of any denial of an application for, suspension or
revocation of, refusal to renew, withdrawal of, or termination of, the certification
or registration or any reprimand or censure related to the certification or
registration; and
(s)
any additional information
required by
the division
requires
.
(2)
Instead of proceeding under Subsection
(1)
, an individual registered as an athlete agent
in another state may apply for registration as an athlete agent in this state by submitting
to the division:
(a)
a copy of the application for registration in the other state;
(b)
a statement that identifies any material change in the information on the application
or verifies there is no material change in the information, signed under penalty of
perjury; and
(c)
a copy of the certificate of registration from the other state.
(3)
The division shall issue a certificate of registration to an individual who applies for
registration under Subsection
(2)
if the division determines:
(a)
the application and registration requirements of the other state are substantially
similar to or more restrictive than this chapter; and
(b)
the registration has not been revoked or suspended and no action involving the
individual's conduct as an athlete agent is pending against the individual or the
individual's registration in any state.
(4)
For purposes of implementing Subsection
(3)
, the division shall:
(a)
cooperate with national organizations concerned with athlete agent issues and
agencies in other states that register athlete agents to develop a common registration
form and determine which states have laws that are substantially similar to or more
restrictive than this chapter; and
(b)
exchange information, including information related to actions taken against
registered athlete agents or their registrations, with those organizations and agencies.
Section 83. Section
58-87-203
is amended to read:
58-87-203
Effective
07/01/26
. Certificate of registration -- Issuance or denial --
Renewal.
(1)
Except as otherwise provided in Subsection
(2)
, the division shall issue a certificate of
registration to an applicant for registration who complies with Subsection
58-87-202(1)
.
(2)
The division may refuse to issue a certificate of registration to an applicant for
registration under Subsection
58-87-202(1)
if the division determines that the applicant
has engaged in conduct that significantly adversely reflects on the applicant's fitness to
act as an athlete agent. In making the determination, the division may consider whether
the applicant has:
(a)
pleaded guilty or no contest to, has been convicted of, or has charges pending for,
a
crime that would involve moral turpitude or be a felony if committed in this state
any
crime that would be considered a felony in this state or any other crime that, when
considered with the functions and duties of the profession, bears a substantial
relationship to the applicant's ability to safely or competently perform as an athlete
agent
;
(b)
made a materially false, misleading, deceptive, or fraudulent representation in the
application or as an athlete agent;
(c)
engaged in conduct that would disqualify the applicant from serving in a fiduciary
capacity;
(d)
engaged in conduct
prohibited by
Section
58-87-401
prohibits
;
(e)
had a registration as an athlete agent suspended, revoked, or denied in any state;
(f)
been refused renewal of registration as an athlete agent in any state;
(g)
engaged in conduct resulting in imposition of a sanction, suspension, or declaration
of ineligibility to participate in an interscholastic, intercollegiate, or professional
athletic event on a student athlete or a sanction on an educational institution; or
(h)
engaged in conduct that adversely reflects on the applicant's credibility, honesty, or
integrity.
(3)
In making a determination under Subsection
(2)
, the division shall consider:
(a)
how recently the conduct occurred;
(b)
the nature of the conduct and the context in which
it
the conduct
occurred; and
(c)
other relevant conduct of the applicant.
(4)
An athlete agent registered under Subsection
(1)
may apply to renew the registration by
submitting an application for renewal in a form
prescribed by the division
the division
approves
. The applicant shall sign the application for renewal under penalty of perjury
and include current information on all matters required in an original application for
registration.
(5)
An athlete agent registered under Subsection
58-87-202(2)
may renew the registration
by proceeding under Subsection
(4)
or, if the registration in the other state has been
renewed, by submitting to the division copies of the application for renewal in the other
state and the renewed registration from the other state. The division shall renew the
registration if the division determines:
(a)
the registration requirements of the other state are substantially similar to or more
restrictive than this chapter; and
(b)
the renewed registration has not been suspended or revoked and no action involving
the individual's conduct as an athlete agent is pending against the individual or the
individual's registration in any state.
(6)
A certificate of registration or a renewal of a registration is valid for two years.
Section 84. Section
58-88-201
is amended to read:
58-88-201
Effective
07/01/26
. 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)
;
(iv)
a physician assistant under
Chapter 70a, Utah Physician Assistant Act
;
or
(v)
a dentist under Chapter 69, Dentist and Dental Hygienist Practice Act;
or
(vi)
an optometrist under Chapter 16a, Utah Optometry 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 85. Section
58-88-204
is amended to read:
58-88-204
Effective
07/01/26
. Administrative inspections of a dispensing
practice -- Penalties.
(1)
The division shall conduct audits and inspections of licensed dispensing practices in
accordance with standards
established
by
the division
by
rule
the division makes
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
Penalties for a violation of this part, including fines and citations, shall be issued by the
division under:
(a)
Section
58-1-502
; and
(b)
the dispensing practitioner's respective licensing chapter.
Section 86.
Repealer.
Certification of persons currently qualified.
Certification of persons qualified in other jurisdictions.
Experience requirement -- Transition of licensing and experience.
Section 87.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-2-26 10:35 AM