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13-1b-203
13-1b-304
13-1b-401
13-1b-402
13-1b-403
13-1b-203
13-1b-304
13-1b-401
13-1b-402
13-1b-403
6
8
Healthcare Providers Scope of Practice Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: James A. Dunnigan
LONG TITLE
General Description:
This bill amends provisions relating to the Office of Professional Licensure Review.
Highlighted Provisions:
This bill:
defines terms;
requires that the Office of Professional Licensure Review (office) conduct a scope of
practice review (review);
provides how a requestor may request a review;
requires that the office make a determination as to whether the office will conduct a
review;
requires that, when conducting a review, the office convene a group to consult on the
review;
provides which individuals the office shall include in a group to consult on the review;
requires that the office determine whether to provide a recommendation that a regulated
healthcare occupation incorporate an innovation into the regulated healthcare
occupation's practice;
requires that the office create a report that details the office's recommendation following a
review;
requires that the office provide the report to the Business and Labor Interim Committee;
requires that the office create a final report after incorporating any changes from the
Business and Labor Interim Committee;
provides the criteria the office shall consider when conducting a review; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-1b-203
Effective
05/06/26
Repealed
07/01/34
, as last amended by Laws of Utah
2025, Chapter 483
13-1b-304
Effective
05/06/26
Repealed
07/01/34
, as last amended by Laws of Utah
2025, Chapter 483
ENACTS:
13-1b-401
Effective
05/06/26
, Utah Code Annotated 1953
13-1b-402
Effective
05/06/26
, Utah Code Annotated 1953
13-1b-403
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-1b-203
is amended to read:
13-1b-203
Effective
05/06/26
Repealed
07/01/34
. Duties.
The office shall:
(1)
for each application submitted in accordance with Section
13-1b-301
, conduct a sunrise
review in accordance with Section
13-1b-302
before November 1:
(a)
of the year in which the application is submitted, if the application is submitted on or
before July 1; or
(b)
of the subsequent year, if the application is submitted after July 1;
(2)
in accordance with Section
13-1b-303
, conduct a review of each regulated occupation at
least once every 10 years;
(3)
review and respond to
any
a
legislator inquiry regarding a proposed or existing
regulated occupation;
(4)
publish on the office's website a submission form where an individual may provide
feedback regarding an existing occupational regulation within the office's jurisdiction
that the individual requests the office repeal or modify;
(5)
engage in a systematic review of the rules that relate to occupational regulations within
the office's jurisdiction in accordance with Section
13-1b-302
;
and
(6)
report to the Business and Labor Interim Committee in accordance with Section
13-1b-304
.
; and
(7)
conduct a scope of practice review in accordance with Part 4, Scope of Practice Review.
Section 2. Section
13-1b-304
is amended to read:
13-1b-304
Effective
05/06/26
Repealed
07/01/34
. Reporting.
(1)
On or before October 1, the office shall annually prepare and submit a written report to
the Business and Labor Interim Committee that describes the office's work during the
prior year.
(2)
In a written report described in Subsection
(1)
, the office shall include:
(a)
a summary of each periodic review, each sunrise review, each rule review, and each
response to a legislator inquiry;
(b)
each recommendation the office made to another state executive branch agency
regarding a regulated occupation;
and
(c)
a summary of information received during the previous year by the office under
Subsection
13-1b-203(4)
including:
(i)
the total number of submissions the office receives;
(ii)
each rule for which an individual filed a submission
.
;
(d)
each request for a scope of practice review that the office receives in accordance with
Section
13-1b-403
; and
(e)
each scope of practice review the office completes in accordance with Section
13-1b-403
.
Section 3. Section
13-1b-401
is enacted to read:
4. Scope of Practice Review
13-1b-401
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Healthcare practitioner" means an individual licensed in a regulated healthcare
occupation.
(2)
(a)
"Innovation" means an upgrade in technology that the office determines has the
potential to augment the ability of a healthcare practitioner to provide a patient:
(i)
better access to healthcare;
(ii)
better health outcomes; or
(iii)
lower healthcare costs.
(b)
"Innovation" does not include an upgrade in technology that solely functions to
provide advice or treatment to a patient without an interaction between a healthcare
practitioner and patient.
(3)
"Regulated healthcare occupation" means a regulated occupation where licensees of the
regulated occupation are primarily engaged in healthcare.
(4)
"Requestor" means:
(a)
a legislator; or
(b)
a representative of:
(i)
an entity that employs healthcare practitioners;
(ii)
an institution of higher education that provides training to prospective and current
healthcare practitioners; or
(iii)
a professional group of healthcare practitioners.
(5)
"Scope of practice review" means a review that the office conducts to determine
whether to recommend that a regulated healthcare occupation should incorporate an
innovation into the regulated healthcare occupation's practice in a way that would
expand the scope of the regulated healthcare occupation's license.
(6)
"Upgrade in technology" means an addition or change to:
(a)
a medical apparatus;
(b)
a medical appliance;
(c)
artificial intelligence;
(d)
a medical device;
(e)
medical equipment;
(f)
a medical implant;
(g)
a medical implement;
(h)
a medical tool; or
(i)
any other technology the office determines has the potential for a healthcare
practitioner to use in the healthcare practitioner's practice.
Section 4. Section
13-1b-402
is enacted to read:
13-1b-402
Effective
05/06/26
. Scope of practice review -- Process.
(1)
A requestor may request a scope of practice review by submitting a request for scope of
practice review in a form the office approves.
(2)
(a)
Upon receipt of a request for scope of practice review, the office shall:
(i)
make a determination as to whether the office will conduct a scope of practice
review; and
(ii)
notify the chairs of the Business and Labor Interim Committee of the request for
scope of practice review.
(b)
After making a determination described in Subsection
(2)(a)(i)
, the office shall:
(i)
if the office declines to conduct a scope of practice review, provide the requestor
with a reason for the denial; or
(ii)
if the office intends to conduct a scope of practice review:
(A)
inform the requestor that the office will conduct a scope of practice review;
and
(B)
conduct a scope of practice review in accordance with Subsection
(3)
.
(3)
(a)
When conducting a scope of practice review, the office shall convene a group of
individuals to advise on the impact of the expansion of the scope of review.
(b)
When selecting the individuals for the group described in Subsection
(3)(a)
, the
office:
(i)
in consultation with the applicable board appointed in accordance with Section
58-1-201
, shall select at least:
(A)
one individual that the applicable board approves from the regulated
occupation that the proposed expansion of scope will affect; and
(B)
one other individual from the regulated occupation that the proposed
expansion of scope will affect; and
(ii)
may select one or more of the following individuals:
(A)
a representative of an entity that employs healthcare practitioners;
(B)
a representative of an institution of higher education that provides training to
prospective and current healthcare practitioners; and
(C)
an individual with technical expertise relevant to the scope of practice review.
(c)
In consultation with the group described in Subsection
(3)(a)
, the office shall:
(i)
consider the criteria described in Section
13-1b-403
; and
(ii)
determine whether to provide a recommendation that a regulated healthcare
occupation incorporate an innovation into the regulated healthcare occupation's
practice.
(4)
If the office determines that a regulated healthcare occupation should incorporate an
innovation into the regulated healthcare occupation's practice, the office shall create a
preliminary report to present to the Business and Labor Interim Committee that:
(a)
recommends how the regulated healthcare occupation may incorporate the
innovation into the regulated healthcare occupation's scope of practice; and
(b)
describes how incorporating the innovation expands the regulated healthcare
occupation's scope of practice.
(5)
The office shall provide the preliminary report described in Subsection
(4)
to the
Business and Labor Interim Committee in accordance with Section
13-1b-304
.
(6)
Upon receiving the preliminary report under Subsection
(5)
, the Business and Labor
Interim Committee may:
(a)
recommend draft legislation to address the preliminary report described in
Subsection
(4)
;
(b)
recommend that the Division of Occupational and Professional Licensing make rules
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(c)
take any other action that the Business and Labor Interim Committee deems
appropriate.
(7)
After presenting the preliminary report, the office shall create and publish a final report
based on the preliminary report and any recommendations provided by the Business and
Labor Interim Committee.
Section 5. Section
13-1b-403
is enacted to read:
13-1b-403
Effective
05/06/26
. Scope of practice review -- Criteria.
When conducting a scope of practice review in accordance with Subsection
13-1b-203(7)
and Section
13-1b-402
, the office shall consider the following criteria:
(1)
the strength of evidence, data, or information indicating the innovation will provide:
(a)
safer or more effective healthcare;
(b)
more accessible healthcare; or
(c)
more affordable healthcare;
(2)
the potential of the innovation to improve the following:
(a)
the safety or efficacy of healthcare;
(b)
healthcare accessibility; or
(c)
healthcare affordability;
(3)
the probability, severity, and permanence of any risk an innovation poses to a patient;
(4)
the level of interest from employers, healthcare practitioners, and educators to test or
adopt the innovation;
(5)
the availability of adequate training or education for healthcare practitioners to learn
about the innovation;
(6)
the degree to which other jurisdictions adopt or use the innovation; and
(7)
any other criteria that the office adopts by rule that the office makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 5:05 PM