58-1-307. Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following individuals may engage
in the practice of their occupation or profession, subject to the stated circumstances and
limitations, without being licensed under this title:
(a) an individual 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 employment with
that federal agency if the individual holds a valid license to practice a regulated occupation or
profession issued by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation or
profession while in training in a recognized school approved by the division to the extent the
activities are supervised by qualified faculty, staff, or designee and the activities are a defined
part of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
fellowship, apprenticeship, or on-the-job training program approved by the division while under
the supervision of qualified individuals;
(d) an individual residing in another state and licensed to practice a regulated occupation
or profession in that state, who is called in for a consultation by an individual licensed in this
state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or other
body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
regulated occupation or profession if the individual does not establish a place of business or
regularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, to
practice or engage in an occupation or profession, while engaged in the lawful, professional, and
competent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs that
profession while attending to the immediate needs of a patient for a reasonable period during
which the patient is being transported from outside of this state, into this state, or through this
state;
(h) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the practitioner may only attend to
the needs of the athletic team or group, including all individuals who travel with the team or
group in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that may
exceed the ability of this state to address through its licensees, as determined by the division; and
(iii) for a limited period of time not to exceed the duration of that event, together with
any necessary preparatory and conclusionary periods; and
(j) a law enforcement officer, as defined under Section 53-13-103, who:
(i) is operating a voice stress analyzer in the course of the officer's full-time employment
with a federal, state, or local law enforcement agency;
(ii) has completed the manufacturer's training course and is certified by the manufacturer
to operate that voice stress analyzer; and
(iii) is operating the voice stress analyzer in accordance with Section 58-64-601,
regarding deception detection instruments.
(2) (a) A practitioner temporarily in this state who is exempted from licensure under
Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
practitioner derives authority to practice.
(b) Violation of a limitation imposed by this section constitutes grounds for removal of
exempt status, denial of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice or
engage in an occupation or profession may engage in the lawful, professional, and competent
practice of that occupation or profession without additional licensure under other chapters of this
title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public health
emergency as defined in Section 26-23b-102, or a declaration by the President of the United
States or other federal official requesting public health-related activities, the division in
collaboration with the board may:
(a) suspend the requirements for permanent or temporary licensure of individuals who
are licensed in another state. Individuals exempt under this Subsection (4)(a) are exempt from
licensure for the duration of the emergency while engaged in the scope of practice for which they
are licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection (5),
the scope of practice restrictions under this title for individuals who are licensed under this title
as:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
Compact;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b, Pharmacy
Practice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
Practice Act; and
(vii) a physician assistant under Chapter 70a, Physician Assistant Act;
(c) suspend the requirements for licensure under this title and modify the scope of
practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
services personnel or paramedics required to be certified under Section 26-8a-302;
(d) suspend requirements in Subsections 58-17b-620(3) through (6) which require certain
prescriptive procedures;
(e) exempt or modify the requirement for licensure of an individual who is activated as a
member of a medical reserve corps during a time of emergency as provided in Section
26A-1-126; and
(f) exempt or modify the requirement for licensure of an individual who is registered as a
volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency Volunteer
Health Practitioners Act.
(5) Individuals exempt under Subsection (4)(c) and individuals operating under modified
scope of practice provisions under Subsection (4)(b):
(a) are exempt from licensure or subject to modified scope of practice for the duration of
the emergency;
(b) must be engaged in the distribution of medicines or medical devices in response to
the emergency or declaration; and
(c) must be employed by or volunteering for:
(i) a local or state department of health; or
(ii) a host entity as defined in Section 26-49-102.
Amended by Chapter 242, 2008 General Session
Download Code Section Zipped WordPerfect 58_01_030700.ZIP 5,407 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009