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S.B. 113 Enrolled

                 

EXEMPTION FROM LICENSURE FOR ATHLETIC TRAINERS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: John L. Valentine

                  AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; PERMITTING CERTIFIED
                  ATHLETIC TRAINERS TO PROVIDE SERVICES IN LIMITED CIRCUMSTANCES
                  WITHOUT BEING LICENSED.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      58-1-307, as last amended by Chapter 138, Laws of Utah 1999
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-1-307 is amended to read:
                       58-1-307. Exemptions from licensure.
                      (1) Except as otherwise provided by statute or rule, the following persons may engage in
                  the practice of their occupation or profession, subject to the stated circumstances and limitations,
                  without being licensed under this title:
                      (a) a person 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 person 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 persons;
                      (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; [and]
                      (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. The requirements of Section 63A-10-105 do not
                  apply to exemptions authorized by the division pursuant to this Subsection (1)(i)[.]; and
                      (j) an individual who:
                      (i) is certified as an athletic trainer by the National Athletic Trainers Association Board of
                  Certification or another entity approved by the division;
                      (ii) is employed or officially associated with an educational institution, a professional sports
                  organization, or a bona fide amateur sports organization; and

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                      (iii) only provides athletic training services:
                      (A) to athletes of the educational institution or sports organization to which the individual
                  is employed or officially associated;
                      (B) at an official athletic training, practice, or competition site; and
                      (C) that are within the scope of the individual's certification.
                      (2) 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. Violation of any 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, the division in collaboration
                  with the board may suspend the requirements for permanent or temporary licensure of persons who
                  are licensed in another state. Persons exempt under this subsection shall be 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.

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