S.B. 55 Enrolled

ACCESS TO PATIENT MEDICAL RECORDS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patrice M. Arent
House Sponsor: Rebecca D. Lockhart

LONG TITLE
General Description:
This bill amends the Utah Medical Practices Act and the Osteopathic Medical Practice
Act to require the appointment of a contact person for access to medical records in
compliance with federal law and as a condition of licensure and license renewal.
Highlighted Provisions:
This bill:
. requires an applicant for license under the Medical Practices Act and the
Osteopathic Medical Practice Act to appoint a contact person for access to medical
records in accordance with HIPAA and an alternate contact person for access to
medical records;
. requires an applicant for renewal of a license to appoint a contact person for access
to medical records and an alternate contact person;
. requires solo-practitioners to provide a method of notifying patients of the identity
of the contact person and alternate contact person for access to medical records; and
. requires a licensee who is renewing a license to certify to the division that the
licensee is in compliance with the requirement to appoint a contact person and
alternate contact person for access to medical records.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:

AMENDS:
58-67-302, as last amended by Chapter 327, Laws of Utah 1999
58-67-303, as last amended by Chapter 268, Laws of Utah 2001
58-67-304, as last amended by Chapter 268, Laws of Utah 2001
58-68-302, as enacted by Chapter 248, Laws of Utah 1996
58-68-303, as last amended by Chapter 268, Laws of Utah 2001
58-68-304, as last amended by Chapter 268, Laws of Utah 2001

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-67-302 is amended to read:
58-67-302. Qualifications for licensure.
(1) An applicant for licensure as a physician and surgeon, except as set forth in
Subsection (2), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks, as
designated by division rule, with respect to the applicant; and
(ii) a record of professional liability claims made against the applicant and settlements
paid by or on behalf of the applicant;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character;
(d) provide satisfactory documentation of having successfully completed a program of
professional education preparing an individual as a physician and surgeon, as evidenced by
having received an earned degree of doctor of medicine from:
(i) an LCME accredited medical school or college; or
(ii) a medical school or college located outside of the United States or its jurisdictions
which at the time of the applicant's graduation, met criteria for LCME accreditation;
(e) hold a current certification by the Educational Commission for Foreign Medical
Graduates or any successor organization approved by the division in collaboration with the

board, if the applicant graduated from a medical school or college located outside of the United
States or its jurisdictions;
(f) satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in a program
approved by the ACGME, the Royal College of Physicians and Surgeons, the College of Family
Physicians of Canada, or any similar body in the United States or Canada approved by the
division in collaboration with the board; or
(ii) (A) has successfully completed 12 months of resident training in an ACGME
approved program after receiving a degree of doctor of medicine as required under Subsection
(1)(d);
(B) has been accepted in and is successfully participating in progressive resident training
in an ACGME approved program within Utah, in the applicant's second or third year of
postgraduate training; and
(C) has agreed to surrender to the division his license as a physician and surgeon without
any proceedings under Title 63, Chapter 46b, Administrative Procedures Act, and has agreed his
license as a physician and surgeon will be automatically revoked by the division if the applicant
fails to continue in good standing in an ACGME approved progressive resident training program
within the state;
(g) pass the licensing examination sequence required by division rule made in
collaboration with the board;
(h) be able to read, write, speak, understand, and be understood in the English language
and demonstrate proficiency to the satisfaction of the board if requested by the board; [and]
(i) meet with the board and representatives of the division, if requested, for the purpose
of evaluating the applicant's qualifications for licensure[.];
(j) designate:
(i) a contact person for access to medical records in accordance with the federal Health
Insurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the original

contact person is unable or unwilling to serve as the contact person for access to medical records;
and
(k) establish a method for notifying patients of the identity and location of the contact
person and alternate contact person, if the applicant will practice in a location with no other
persons licensed under this chapter.
(2) An applicant for licensure as a physician and surgeon by endorsement shall:
(a) be currently licensed with a full unrestricted license in good standing in any state,
district, or territory of the United States;
(b) have been actively engaged in the legal practice of medicine in any state, district, or
territory of the United States for not less than 6,000 hours during the five years immediately
preceding the date of application for licensure in Utah;
(c) not have any action pending against the applicant's license; and
(d) produce satisfactory evidence of the applicant's qualifications, identity, and good
standing to the satisfaction of the division in collaboration with the board.
Section 2. Section 58-67-303 is amended to read:
58-67-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with:
(a) continuing education renewal requirements[.]; and
(b) the requirement for designation of a contact person and alternate contact person for
access to medical records and notice to patients as required by Subsections 58-67-304 (1)(b) and
(c).
(3) Each license issued under this chapter expires on the expiration date shown on the
license unless renewed in accordance with Section 58-1-308 .
Section 3. Section 58-67-304 is amended to read:

58-67-304. License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule[,]:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule made in collaboration with the
board[.];
(b) appoint a contact person for access to medical records and an alternate contact person
for access to medical records in accordance with Subsection 58-67-302 (1)(j); and
(c) if the licensee practices medicine in a location with no other persons licensed under
this chapter, provide some method of notice to the licensee's patients of the identity and location
of the contact person and alternate contact person for the licensee.
(2) If a renewal period is extended or shortened under Section 58-67-303 , the continuing
education hours required for license renewal under this section are increased or decreased
proportionally.
Section 4. Section 58-68-302 is amended to read:
58-68-302. Qualifications for licensure.
(1) An applicant for licensure as an osteopathic physician and surgeon, except as set forth
in Subsection (2) or (3), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks, as
designated by division rule, with respect to the applicant; and
(ii) a record of professional liability claims made against the applicant and settlements
paid by or on behalf of the applicant;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character;
(d) provide satisfactory documentation of having successfully completed a program of
professional education preparing an individual as an osteopathic physician and surgeon, as
evidenced by having received an earned degree of doctor of osteopathic medicine from:

(i) an AOA approved medical school or college; or
(ii) an osteopathic medical school or college located outside of the United States or its
jurisdictions which at the time of the applicant's graduation, met criteria for accreditation by the
AOA;
(e) hold a current certification by the Educational Commission for Foreign Medical
Graduates or any successor organization approved by the division in collaboration with the
board, if the applicant graduated from a medical school or college located outside of the United
States or its jurisdictions;
(f) satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in an ACGME
or AOA approved program after receiving a degree of doctor of osteopathic medicine required
under Subsection (1)(d); or
(ii) (A) has successfully completed 12 months of resident training in an ACGME or
AOA approved program after receiving a degree of doctor of osteopathic medicine as required
under Subsection (1)(d);
(B) has been accepted in and is successfully participating in progressive resident training
in an ACGME or AOA approved program within Utah, in the applicant's second or third year of
postgraduate training; and
(C) has agreed to surrender to the division his license as an osteopathic physician and
surgeon without any proceedings under Title 63, Chapter 46b, Administrative Procedures Act,
and has agreed his license as an osteopathic physician and surgeon will be automatically revoked
by the division if the applicant fails to continue in good standing in an ACGME or AOA
approved progressive resident training program within the state;
(g) pass the licensing examination sequence required by division rule, as made in
collaboration with the board;
(h) be able to read, write, speak, understand, and be understood in the English language
and demonstrate proficiency to the satisfaction of the board, if requested by the board; [and]
(i) meet with the board and representatives of the division, if requested for the purpose of

evaluating the applicant's qualifications for licensure[.];
(j) designate:
(i) a contact person for access to medical records in accordance with the federal Health
Insurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the original
contact person is unable or unwilling to serve as the contact person; and
(k) establish a method for notifying patients of the identity and location of the contact
person and alternate contact person, if the applicant will practice in a location with no other
persons licensed under this chapter.
(2) An applicant for licensure as an osteopathic physician and surgeon qualifying under
the endorsement provision of Section 58-1-302 shall:
(a) be currently licensed in good standing in another jurisdiction as set forth in Section
58-1-302 ;
(b) (i) document having met all requirements for licensure under Subsection (1) except,
if an applicant received licensure in another state or jurisdiction based upon only 12 months
residency training after graduation from medical school, the applicant may qualify for licensure
in Utah by endorsement only if licensed in the other state prior to July 1, 1996; or
(ii) document having obtained licensure in another state or jurisdiction whose licensure
requirements were at the time of obtaining licensure equal to licensure requirements at that time
in Utah;
(c) have passed the SPEX examination within 12 months preceding the date of
application for licensure in Utah if the date on which the applicant passed qualifying
examinations for licensure is greater than five years prior to the date of the application for
licensure in Utah, or meet medical specialty certification requirements which may be established
by division rule made in collaboration with the board;
(d) have been actively engaged in the practice as an osteopathic physician and surgeon
for not less than 6,000 hours during the five years immediately preceding the date of application
for licensure in Utah; and

(e) meet with the board and representatives of the division, if requested for the purpose
of evaluating the applicant's qualifications for licensure.
(3) An applicant for licensure as an osteopathic physician and surgeon, who has been
licensed as an osteopathic physician in Utah, who has allowed his license in Utah to expire for
nonpayment of license fees, and who is currently licensed in good standing in another state or
jurisdiction of the United States shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character;
(d) have passed the SPEX examination within 12 months preceding the date of
application for licensure in Utah if the date on which the applicant passed qualifying
examinations for licensure is greater than five years prior to the date of the application for
licensure in Utah;
(e) have been actively engaged in the practice as an osteopathic physician for not fewer
than 6,000 hours during the five years immediately preceding the date of application for
licensure; and
(f) meet with the board and representatives of the division, if requested for the purpose of
evaluating the applicant's qualifications for licensure.
Section 5. Section 58-68-303 is amended to read:
58-68-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with:
(a) continuing education renewal requirements[.]; and
(b) the requirement for designation of a contact person and alternate contact person for
access to medical records and notice to patients as required by Subsections 58-68-304 (1)(b) and

(c).
(3) Each license issued under this chapter expires on the expiration date shown on the
license unless renewed in accordance with Section 58-1-308 .
Section 6. Section 58-68-304 is amended to read:
58-68-304. License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule[,]:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule in collaboration with the
board[.];
(b) appoint a contact person for access to medical records and an alternate contact person
for access to medical records in accordance with Subsection 58-68-302 (1)(j); and
(c) if the licensee practices osteopathic medicine in a location with no other persons
licensed under this chapter, provide some method of notice to the licensee's patients of the
identity and location of the contact person and alternate contact person for access to medical
records for the licensee in accordance with Subsection 58-68-302 (1)(k).
(2) If a renewal period is extended or shortened under Section 58-68-303 , the continuing
education hours required for license renewal under this section are increased or decreased
proportionally.