S.B. 82 Enrolled

PRACTICE OF MEDICINE
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Robert F. Montgomery
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
DEFINITION OF THE PRACTICE OF MEDICINE TO INCLUDE ADMINISTERING
ANESTHESIA.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-67-102, as last amended by Chapters 10 and 227, Laws of Utah 1997
58-68-102, as last amended by Chapters 10 and 227, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-67-102 is amended to read:
58-67-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
adjudicative proceeding conducted in accordance with Title 63, Chapter 46b, Administrative
Procedures Act.
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
American Medical Association.
(3) "Board" means the Physicians Licensing Board created in Section 58-67-201 .
(4) "Diagnose" means:
(a) to examine in any manner another person, parts of a person's body, substances, fluids,
or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection
(4)(a);
(c) to hold oneself out as making or to represent that one is making an examination or

determination as described in Subsection (4)(a); or
(d) to make an examination or determination as described in Subsection (4)(a) upon or from
information supplied directly or indirectly by another person, whether or not in the presence of the
person making or attempting the diagnosis or examination.
(5) "LCME" means the Liaison Committee on Medical Education of the American Medical
Association.
(6) "Medical assistant" means an unlicensed individual working under the direct and
immediate supervision of a licensed physician and surgeon and engaged in specific tasks assigned
by the licensed physician and surgeon in accordance with the standards and ethics of the profession.
(7) "Physician" means both physicians and surgeons licensed under Section 58-67-301 , Utah
Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301 ,
Utah Osteopathic Medical Practice Act.
(8) "Practice of medicine" means:
(a) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease,
ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary,
or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the
state upon or for any human within the state, except that conduct described in this Subsection (8)(a)
that is performed by a person legally and in accordance with a license issued under another chapter
of this title does not constitute the practice of medicine;
(b) when a person not licensed as a physician directs a licensee under this chapter to
withhold or alter the health care services that the licensee has ordered, but practice of medicine does
not include any conduct under Subsection 58-67-501 (2);
(c) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection (8)(a) whether or not for compensation; or
(d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes,
signs, or advertisements, the designation "doctor", "doctor of medicine", "physician", "surgeon",
"physician and surgeon", "Dr.," "M.D.," or any combination of these designations in any manner

which might cause a reasonable person to believe the individual using the designation is a licensed
physician and surgeon, and if the party using the designation is not a licensed physician and surgeon,
the designation must additionally contain the description of the branch of the healing arts for which
the person has a license.
(9) "Prescription drug or device" means:
(a) a drug or device which, under federal law, is required to be labeled with either of the
following statements or their equivalent:
(i) "CAUTION: Federal law prohibits dispensing without prescription"; or
(ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
(b) a drug or device that is required by any applicable federal or state law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
(10) "SPEX" means the Special Purpose Examination of the Federation of State Medical
Boards.
(11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-67-501 .
(12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-67-502 , and as may
be further defined by division rule.
Section 2. Section 58-68-102 is amended to read:
58-68-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative
proceeding conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
American Medical Association.
(3) "AOA" means the American Osteopathic Association.
(4) "Board" means the Osteopathic Physicians Licensing Board created in Section
58-68-201 .

(5) "Diagnose" means:
(a) to examine in any manner another person, parts of a person's body, substances, fluids,
or materials excreted, taken, or removed from a person's body, or produced by a person's body, to
determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection (5)(a);
(c) to hold oneself out as making or to represent that one is making an examination or
determination as described in Subsection (5)(a); or
(d) to make an examination or determination as described in Subsection (5)(a) upon or from
information supplied directly or indirectly by another person, whether or not in the presence of the
person making or attempting the diagnosis or examination.
(6) "Medical assistant" means an unlicensed individual working under the direct and
immediate supervision of a licensed osteopathic physician and surgeon and engaged in specific tasks
assigned by the licensed osteopathic physician and surgeon in accordance with the standards and
ethics of the profession.
(7) "Physician" means both physicians and surgeons licensed under Section 58-67-301 , Utah
Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301 ,
Utah Osteopathic Medical Practice Act.
(8) "Practice of osteopathic medicine" means:
(a) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease,
ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary,
or to attempt to do so, by any means or instrumentality, which in whole or in part is based upon
emphasis of the importance of the musculoskeletal system and manipulative therapy in the
maintenance and restoration of health, by an individual in Utah or outside of the state upon or for
any human within the state, except that conduct described in this Subsection(8)(a) that is performed
by a person legally and in accordance with a license issued under another chapter of this title does
not constitute the practice of medicine;
(b) when a person not licensed as a physician directs a licensee under this chapter to
withhold or alter the health care services that the licensee has ordered, but practice of medicine does

not include any conduct under Subsection 58-68-501 (2);
(c) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection (8)(a) whether or not for compensation; or
(d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes,
signs, or advertisements, the designation "doctor," "doctor of osteopathic medicine," "osteopathic
physician," "osteopathic surgeon," "osteopathic physician and surgeon," "Dr.," "D.O.," or any
combination of these designations in any manner which might cause a reasonable person to believe
the individual using the designation is a licensed osteopathic physician, and if the party using the
designation is not a licensed osteopathic physician, the designation must additionally contain the
description of the branch of the healing arts for which the person has a license.
(9) "Prescription drug or device" means:
(a) a drug or device which, under federal law, is required to be labeled with either of the
following statements or their equivalent:
(i) "CAUTION: Federal law prohibits dispensing without prescription"; or
(ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
(b) a drug or device that is required by any applicable federal or state law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
(10) "SPEX" means the Special Purpose Examination of the Federation of State Medical
Boards.
(11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-68-501 .
(12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-68-502 and as may
be further defined by division rule.