H.B. 136

1

PROVIDING HEALTH CARE SERVICE -
2 EXEMPTIONS FROM LICENSURE
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley M. Daw
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of Title 58, Occupations and Professions, related to
11 creating exemptions from licensure for certain persons who provide health care
12 services.
13 Highlighted Provisions:
14 This bill:
15 . provides that individuals may provide certain health care services, as defined in the
16 bill, without being licensed or certified under Title 58, Occupations and
17 Professions;
18 . provides the qualifications required for an exemption from licensure in providing
19 health care services;
20 . requires written disclosure by an exempted practitioner prior to providing health
21 care services and a written acknowledgment from the potential client of the received
22 disclosure;
23 . limits the application of a health care services provider's exemption; and
24 . provides a penalty.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 58-1-307.5, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 58-1-307.5 is enacted to read:
35 58-1-307.5. Providing health care services -- Exemption from licensure --
36 Disclosure -- Limitations -- Penalty.
37 (1) As used in this section, "health care services" means the broad domain of health
38 care and healing therapies and methods which are:
39 (a) provided by an individual who does not hold a license, permit, certification, or
40 registration issued by the division under Title 58, Occupations and Professions; and
41 (b) not prohibited under this section.
42 (2) Notwithstanding any other provision of this title, an individual providing health
43 care services in compliance with this section is exempt from the requirement of licensure in
44 providing health care services if the individual:
45 (a) provides the health care services in accordance with this section; and
46 (b) does not:
47 (i) perform surgery or any other procedure that punctures the skin, except for finger
48 pricking for screening purposes;
49 (ii) set fractures;
50 (iii) prescribe or administer X-ray radiation to an individual;
51 (iv) prescribe or administer a prescription drug, a prescription device, or a controlled
52 substance to an individual;
53 (v) diagnose and treat a mental or physical condition of an individual and as a direct
54 result of that service knowingly and willfully cause the individual recognizable and eminent
55 risk of significant and discernable physical or mental injury;
56 (vi) state, advertise, or otherwise represent to any person that the individual is licensed,
57 certified, or registered to practice a health care profession in Utah;
58 (vii) perform a chiropractic adjustment of an articulation of the spine; and

59 (viii) recommend the discontinuance of a medically prescribed drug or medically
60 prescribed treatment.
61 (3) (a) An individual providing health care services under this section, who is
62 advertising or charging a fee for those services, shall, prior to providing the services, disclose
63 to the client in a plainly worded written statement:
64 (i) the individual's name, business address, and telephone number;
65 (ii) that the individual is not a health care practitioner licensed by the state;
66 (iii) the nature of the health care services to be provided; and
67 (iv) the degrees, training, experience, credentials, or other qualifications of the
68 individual regarding the health care services to be provided.
69 (b) (i) Before the individual provides health care services to a client for the first time,
70 the individual must obtain a written acknowledgment from the client or the client's legal
71 guardian stating that the client has been provided with the information required under
72 Subsection (3)(a).
73 (ii) The client shall receive a copy of the written acknowledgment required under
74 Subsection (3)(b)(i) and the individual providing the health care services shall maintain the
75 written acknowledgment for a period of two years.
76 (iii) Any change in the disclosure information required under Subsection (3)(a) shall be
77 given to the client in writing prior to the providing of health care services that would occur
78 after the change.
79 (4) Nothing in this section:
80 (a) shall be construed to apply to the practice, conduct, activities, or services of a
81 person licensed, registered, certified, or otherwise credentialed under Title 58, Occupations and
82 Professions;
83 (b) applies to, controls, or prevents:
84 (i) a health care practice from being practiced if it is already exempt from Title 58,
85 Occupations and Professions, any professional practice acts, or under state law; or
86 (ii) an individual from providing health care services if the individual is already
87 exempt from Title 58, Occupations and Professions, any professional practice acts, or under
88 state law;
89 (c) shall be interpreted to apply to, control, prevent, or restrict the practice, service, or

90 activity of lawfully marketing, selling, or distributing products such as food, dietary
91 supplements, or homeopathic remedies, educating consumers about the products, or explaining
92 the use of the products; and
93 (d) limits the right of an individual to seek relief for negligence or any other civil
94 remedy against an individual providing services subject to the requirements of this section.
95 (5) Any person who violates Subsection (3)(a) or (3)(b)(iii) by knowingly making a
96 misrepresentation in the disclosure statement is guilty of a class A misdemeanor.




Legislative Review Note
as of 1-13-06 3:01 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel