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S.B. 42

             1     

OLYMPIC AND SPECIAL EVENT LICENSURE

             2     
EXEMPTION

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Paula F. Julander

             6      AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
             7      PROVIDING EXEMPTION FROM STATE LICENSURE REQUIREMENTS FOR
             8      INDIVIDUALS LICENSED IN ANOTHER STATE WHILE ENGAGED IN SPECIAL
             9      EVENT-RELATED WORK IN THIS STATE UNDER SPECIFIED CIRCUMSTANCES.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          58-1-307, as enacted by Chapter 297, Laws of Utah 1993
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 58-1-307 is amended to read:
             15           58-1-307. Exemptions from licensure.
             16          (1) Except as otherwise provided by statute or rule, the following persons may engage in
             17      the practice of their occupation or profession, subject to the stated circumstances and limitations,
             18      without being licensed under this title:
             19          (a) a person serving in the armed forces of the United States, the United States Public
             20      Health Service, the United States Department of Veterans Affairs, or other federal agencies while
             21      engaged in activities regulated under this chapter as a part of employment with that federal agency
             22      if the person holds a valid license to practice a regulated occupation or profession issued by any
             23      other state or jurisdiction recognized by the division;
             24          (b) a student engaged in activities constituting the practice of a regulated occupation or
             25      profession while in training in a recognized school approved by the division to the extent the
             26      activities are supervised by qualified faculty, staff, or designee and the activities are a defined part
             27      of the training program;


             28          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
             29      fellowship, apprenticeship, or on-the-job training program approved by the division while under
             30      the supervision of qualified persons;
             31          (d) an individual residing in another state and licensed to practice a regulated occupation
             32      or profession in that state, who is called in for a consultation by an individual licensed in this state,
             33      and the services provided are limited to that consultation;
             34          (e) an individual who is invited by a recognized school, association, society, or other body
             35      approved by the division to conduct a lecture, clinic, or demonstration of the practice of a regulated
             36      occupation or profession if the individual does not establish a place of business or regularly engage
             37      in the practice of the regulated occupation or profession in this state;
             38          (f) an individual licensed under the laws of this state, other than under this title, to practice
             39      or engage in an occupation or profession, while engaged in the lawful, professional, and competent
             40      practice of that occupation or profession;
             41          (g) an individual licensed in a health care profession in another state who performs that
             42      profession while attending to the immediate needs of a patient for a reasonable period during
             43      which the patient is being transported from outside of this state, into this state, or through this
             44      state; [and]
             45          (h) an individual licensed in another state or country who is in this state temporarily to
             46      attend to the needs of an athletic team or group, except that the practitioner may only attend to the
             47      needs of the athletic team or group, including all individuals who travel with the team or group in
             48      any capacity except as a spectator[.]; and
             49          (i) an individual licensed and in good standing in another state, who is in this state:
             50          (i) temporarily, under the invitation and control of a sponsoring entity;
             51          (ii) for a reason associated with a special purpose event, based upon needs that may exceed
             52      the ability of this state to address through its licensees, as determined by the division; and
             53          (iii) for a limited period of time not to exceed the duration of that event, together with any
             54      necessary preparatory and conclusionary periods. The requirements of Section 63A-10-105 do not
             55      apply to exemptions authorized by the division pursuant to this Subsection (1)(i).
             56          (2) A practitioner temporarily in this state who is exempted from licensure under
             57      Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
             58      practitioner derives authority to practice. Violation of any limitation imposed by this section


             59      constitutes grounds for removal of exempt status, denial of license, or other disciplinary
             60      proceedings.
             61          (3) An individual who is licensed under a specific chapter of this title to practice or engage
             62      in an occupation or profession may engage in the lawful, professional, and competent practice of
             63      that occupation or profession without additional licensure under other chapters of this title, except
             64      as otherwise provided by this title.
             65          (4) Upon the declaration of a national, state, or local emergency, the division in
             66      collaboration with the board may suspend the requirements for permanent or temporary licensure
             67      of persons who are licensed in another state. Persons exempt under this subsection shall be exempt
             68      from licensure for the duration of the emergency while engaged in the scope of practice for which
             69      they are licensed in the other state.




Legislative Review Note
    as of 12-15-98 2:27 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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