S.B. 186 Enrolled

1

UTAH MEDICAL PRACTICE ACT AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Paul Ray
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Medical Practice Act and the Utah Osteopathic Medical
10 Practice Act by clarifying policies and procedures.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . prohibits an individual from using the title "doctor," "M.D." or "D.O." in a
15 misleading manner;
16 . clarifies licensing requirements;
17 . clarifies disciplinary procedures; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-1-501, as last amended by Laws of Utah 2010, Chapter 180
26 58-37-6, as last amended by Laws of Utah 2010, Chapter 287
27 58-67-102, as last amended by Laws of Utah 2010, Chapter 101
28 58-67-302, as last amended by Laws of Utah 2009, Chapter 183
29 58-67-302.5, as last amended by Laws of Utah 2008, Chapter 250

30 58-67-304, as last amended by Laws of Utah 2005, Chapter 94
31 58-67-305, as last amended by Laws of Utah 2005, Chapter 2
32 58-67-401, as enacted by Laws of Utah 1996, Chapter 248
33 58-67-403, as enacted by Laws of Utah 1996, Chapter 248
34 58-67-503, as enacted by Laws of Utah 1996, Chapter 248
35 58-68-102, as last amended by Laws of Utah 2010, Chapter 101
36 58-68-302, as last amended by Laws of Utah 2009, Chapter 183
37 58-68-304, as last amended by Laws of Utah 2005, Chapter 94
38 58-68-305, as last amended by Laws of Utah 2005, Chapter 2
39 58-68-401, as enacted by Laws of Utah 1996, Chapter 248
40 58-68-403, as enacted by Laws of Utah 1996, Chapter 248
41 58-68-503, as enacted by Laws of Utah 1996, Chapter 248
42 REPEALS AND REENACTS:
43 58-67-402, as last amended by Laws of Utah 2008, Chapter 382
44 58-68-402, as last amended by Laws of Utah 2008, Chapter 382
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 58-1-501 is amended to read:
48 58-1-501. Unlawful and unprofessional conduct.
49 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
50 under this title and includes:
51 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
52 attempting to practice or engage in any occupation or profession requiring licensure under this
53 title if the person is:
54 (i) not licensed to do so or not exempted from licensure under this title; or
55 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
56 probationary, or inactive license;
57 (b) impersonating another licensee or practicing an occupation or profession under a

58 false or assumed name, except as permitted by law;
59 (c) knowingly employing any other person to practice or engage in or attempt to
60 practice or engage in any occupation or profession licensed under this title if the employee is
61 not licensed to do so under this title;
62 (d) knowingly permitting the person's authority to practice or engage in any occupation
63 or profession licensed under this title to be used by another, except as permitted by law;
64 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
65 license, or otherwise dealing with the division or a licensing board through the use of fraud,
66 forgery, or intentional deception, misrepresentation, misstatement, or omission; or
67 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
68 drug or device to a person located in this state:
69 (A) without prescriptive authority conferred by a license issued under this title, or by
70 an exemption to licensure under this title; or
71 (B) with prescriptive authority conferred by an exception issued under this title or a
72 multistate practice privilege recognized under this title, if the prescription was issued without
73 first obtaining information, in the usual course of professional practice, that is sufficient to
74 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
75 proposed treatment; and
76 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
77 or cross coverage situation, provided that the person who issues the prescription has
78 prescriptive authority conferred by a license under this title, or is exempt from licensure under
79 this title.
80 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
81 as unprofessional conduct under this title or under any rule adopted under this title and
82 includes:
83 (a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
84 regulating an occupation or profession under this title;
85 (b) violating, or aiding or abetting any other person to violate, any generally accepted

86 professional or ethical standard applicable to an occupation or profession regulated under this
87 title;
88 (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
89 of guilty or nolo contendere which is held in abeyance pending the successful completion of
90 probation with respect to a crime of moral turpitude or any other crime that, when considered
91 with the functions and duties of the occupation or profession for which the license was issued
92 or is to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely
93 or competently practice the occupation or profession;
94 (d) engaging in conduct that results in disciplinary action, including reprimand,
95 censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
96 authority having jurisdiction over the licensee or applicant in the same occupation or profession
97 if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
98 proceedings under Section 58-1-401 ;
99 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
100 chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
101 ability of the licensee or applicant to safely engage in the occupation or profession;
102 (f) practicing or attempting to practice an occupation or profession regulated under this
103 title despite being physically or mentally unfit to do so;
104 (g) practicing or attempting to practice an occupation or profession regulated under this
105 title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
106 (h) practicing or attempting to practice an occupation or profession requiring licensure
107 under this title by any form of action or communication which is false, misleading, deceptive,
108 or fraudulent;
109 (i) practicing or attempting to practice an occupation or profession regulated under this
110 title beyond the scope of the licensee's competency, abilities, or education;
111 (j) practicing or attempting to practice an occupation or profession regulated under this
112 title beyond the scope of the licensee's license;
113 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through

114 conduct connected with the licensee's practice under this title or otherwise facilitated by the
115 licensee's license;
116 (l) acting as a supervisor without meeting the qualification requirements for that
117 position that are defined by statute or rule;
118 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a drug
119 or device:
120 (i) without first obtaining information in the usual course of professional practice, that
121 is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
122 the proposed treatment; or
123 (ii) with prescriptive authority conferred by an exception issued under this title, or a
124 multi-state practice privilege recognized under this title, if the prescription was issued without
125 first obtaining information, in the usual course of professional practice, that is sufficient to
126 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
127 proposed treatment; or
128 (n) violating a provision of Section 58-1-501.5 .
129 Section 2. Section 58-37-6 is amended to read:
130 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
131 conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
132 required -- Prescriptions.
133 (1) (a) The division may adopt rules relating to the licensing and control of the
134 manufacture, distribution, production, prescription, administration, dispensing, conducting of
135 research with, and performing of laboratory analysis upon controlled substances within this
136 state.
137 (b) The division may assess reasonable fees to defray the cost of issuing original and
138 renewal licenses under this chapter pursuant to Section 63J-1-504 .
139 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
140 administers, conducts research with, or performs laboratory analysis upon any controlled
141 substance in Schedules II through V within this state, or who proposes to engage in

142 manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
143 research with, or performing laboratory analysis upon controlled substances included in
144 Schedules II through V within this state shall obtain a license issued by the division.
145 (ii) The division shall issue each license under this chapter in accordance with a
146 two-year renewal cycle established by rule. The division may by rule extend or shorten a
147 renewal period by as much as one year to stagger the renewal cycles it administers.
148 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
149 administer, conduct research with, or perform laboratory analysis upon controlled substances in
150 Schedules II through V within this state may possess, manufacture, produce, distribute,
151 prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
152 those substances to the extent authorized by their license and in conformity with this chapter.
153 (c) The following persons are not required to obtain a license and may lawfully possess
154 controlled substances under this section:
155 (i) an agent or employee, except a sales representative, of any registered manufacturer,
156 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
157 usual course of the person's business or employment; however, nothing in this subsection shall
158 be interpreted to permit an agent, employee, sales representative, or detail man to maintain an
159 inventory of controlled substances separate from the location of the person's employer's
160 registered and licensed place of business;
161 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
162 warehouseman, who possesses any controlled substance in the usual course of the person's
163 business or employment; and
164 (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
165 a lawful order of a practitioner.
166 (d) The division may enact rules waiving the license requirement for certain
167 manufacturers, producers, distributors, prescribers, dispensers, administrators, research
168 practitioners, or laboratories performing analysis if consistent with the public health and safety.
169 (e) A separate license is required at each principal place of business or professional

170 practice where the applicant manufactures, produces, distributes, dispenses, conducts research
171 with, or performs laboratory analysis upon controlled substances.
172 (f) The division may enact rules providing for the inspection of a licensee or applicant's
173 establishment, and may inspect the establishment according to those rules.
174 (3) (a) Upon proper application, the division shall license a qualified applicant to
175 manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
176 controlled substances included in Schedules I through V, unless it determines that issuance of a
177 license is inconsistent with the public interest. The division shall not issue a license to any
178 person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
179 public interest, the division shall consider whether or not the applicant has:
180 (i) maintained effective controls against diversion of controlled substances and any
181 Schedule I or II substance compounded from any controlled substance into other than
182 legitimate medical, scientific, or industrial channels;
183 (ii) complied with applicable state and local law;
184 (iii) been convicted under federal or state laws relating to the manufacture, distribution,
185 or dispensing of substances;
186 (iv) past experience in the manufacture of controlled dangerous substances;
187 (v) established effective controls against diversion; and
188 (vi) complied with any other factors that the division establishes that promote the
189 public health and safety.
190 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
191 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
192 substances in Schedule I other than those specified in the license.
193 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
194 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
195 research under the laws of this state.
196 (ii) The division need not require a separate license for practitioners engaging in
197 research with nonnarcotic controlled substances in Schedules II through V where the licensee is

198 already licensed under this chapter in another capacity.
199 (iii) With respect to research involving narcotic substances in Schedules II through V,
200 or where the division by rule requires a separate license for research of nonnarcotic substances
201 in Schedules II through V, a practitioner shall apply to the division prior to conducting
202 research.
203 (iv) Licensing for purposes of bona fide research with controlled substances by a
204 practitioner considered qualified may be denied only on a ground specified in Subsection (4),
205 or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
206 adequately the practitioner's supply of substances against diversion from medical or scientific
207 use.
208 (v) Practitioners registered under federal law to conduct research in Schedule I
209 substances may conduct research in Schedule I substances within this state upon furnishing the
210 division evidence of federal registration.
211 (d) Compliance by manufacturers, producers, and distributors with the provisions of
212 federal law respecting registration, excluding fees, entitles them to be licensed under this
213 chapter.
214 (e) The division shall initially license those persons who own or operate an
215 establishment engaged in the manufacture, production, distribution, dispensation, or
216 administration of controlled substances prior to April 3, 1980, and who are licensed by the
217 state.
218 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
219 on probation, or revoked by the division upon finding that the applicant or licensee has:
220 (i) materially falsified any application filed or required pursuant to this chapter;
221 (ii) been convicted of an offense under this chapter or any law of the United States, or
222 any state, relating to any substance defined as a controlled substance;
223 (iii) been convicted of a felony under any other law of the United States or any state
224 within five years of the date of the issuance of the license;
225 (iv) had a federal registration or license denied, suspended, or revoked by competent

226 federal authority and is no longer authorized to [engage in the manufacturing, distribution, or
227 dispensing of] manufacture, distribute, prescribe, or dispense controlled substances;
228 (v) had the licensee's license suspended or revoked by competent authority of another
229 state for violation of laws or regulations comparable to those of this state relating to the
230 manufacture, distribution, or dispensing of controlled substances;
231 (vi) violated any division rule that reflects adversely on the licensee's reliability and
232 integrity with respect to controlled substances;
233 (vii) refused inspection of records required to be maintained under this chapter by a
234 person authorized to inspect them; or
235 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
236 purpose of manipulating human hormonal structure so as to:
237 (A) increase muscle mass, strength, or weight without medical necessity and without a
238 written prescription by any practitioner in the course of the practitioner's professional practice;
239 or
240 (B) improve performance in any form of human exercise, sport, or game.
241 (b) The division may limit revocation or suspension of a license to a particular
242 controlled substance with respect to which grounds for revocation or suspension exist.
243 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
244 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
245 Occupational and Professional Licensing Act, and conducted in conjunction with the
246 appropriate representative committee designated by the director of the department.
247 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
248 Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
249 except where the division is designated by law to perform those functions, or, when not
250 designated by law, is designated by the executive director of the Department of Commerce to
251 conduct the proceedings.
252 (d) (i) The division may suspend any license simultaneously with the institution of
253 proceedings under this section if it finds there is an imminent danger to the public health or

254 safety.
255 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
256 judicial review, unless withdrawn by the division or dissolved by a court of competent
257 jurisdiction.
258 (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
259 substances owned or possessed by the licensee may be placed under seal in the discretion of the
260 division.
261 (ii) Disposition may not be made of substances under seal until the time for taking an
262 appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,
263 orders the sale of perishable substances and the proceeds deposited with the court.
264 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
265 (f) The division shall notify promptly the Drug Enforcement Administration of all
266 orders suspending or revoking a license and all forfeitures of controlled substances.
267 (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
268 surrendered, or suspended, the division shall immediately suspend the individual's controlled
269 substance license, which shall only be reinstated by the division upon reinstatement of the
270 federal registration, unless the division has taken further administrative action under
271 Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
272 substance license.
273 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
274 inventories in conformance with the record keeping and inventory requirements of federal and
275 state law and any additional rules issued by the division.
276 (b) (i) Every physician, dentist, naturopathic physician, veterinarian, practitioner, or
277 other person who is authorized to administer or professionally use a controlled substance shall
278 keep a record of the drugs received by him and a record of all drugs administered, dispensed, or
279 professionally used by him otherwise than by a prescription.
280 (ii) A person using small quantities or solutions or other preparations of those drugs for
281 local application has complied with this Subsection (5)(b) if the person keeps a record of the

282 quantity, character, and potency of those solutions or preparations purchased or prepared by
283 him, and of the dates when purchased or prepared.
284 (6) Controlled substances in Schedules I through V may be distributed only by a
285 licensee and pursuant to an order form prepared in compliance with division rules or a lawful
286 order under the rules and regulations of the United States.
287 (7) (a) A person may not write or authorize a prescription for a controlled substance
288 unless the person is:
289 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
290 or under the laws of another state having similar standards; and
291 (ii) licensed under this chapter or under the laws of another state having similar
292 standards.
293 (b) A person other than a pharmacist licensed under the laws of this state, or the
294 pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304 , may not
295 dispense a controlled substance.
296 (c) (i) A controlled substance may not be dispensed without the written prescription of
297 a practitioner, if the written prescription is required by the federal Controlled Substances Act.
298 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
299 conformity with Subsection (7)(d).
300 (iii) In emergency situations, as defined by division rule, controlled substances may be
301 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
302 designated by the division and filed by the pharmacy.
303 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
304 Subsection (7)(d).
305 (d) Except for emergency situations designated by the division, a person may not issue,
306 fill, compound, or dispense a prescription for a controlled substance unless the prescription is
307 signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of
308 the prescriber as authorized by division rule, and contains the following information:
309 (i) the name, address, and registry number of the prescriber;

310 (ii) the name, address, and age of the person to whom or for whom the prescription is
311 issued;
312 (iii) the date of issuance of the prescription; and
313 (iv) the name, quantity, and specific directions for use by the ultimate user of the
314 controlled substance.
315 (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
316 controlled substance.
317 (f) Except when administered directly to an ultimate user by a licensed practitioner,
318 controlled substances are subject to the following restrictions:
319 (i) (A) A prescription for a Schedule II substance may not be refilled.
320 (B) A Schedule II controlled substance may not be filled in a quantity to exceed a
321 one-month's supply, as directed on the daily dosage rate of the prescriptions.
322 (ii) A Schedule III or IV controlled substance may be filled only within six months of
323 issuance, and may not be refilled more than six months after the date of its original issuance or
324 be refilled more than five times after the date of the prescription unless renewed by the
325 practitioner.
326 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
327 prescription directs, but they may not be refilled one year after the date the prescription was
328 issued unless renewed by the practitioner.
329 (iv) Any prescription for a Schedule II substance may not be dispensed if it is not
330 presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
331 after the date the prescription was issued, or 30 days after the dispensing date, if that date is
332 specified separately from the date of issue.
333 (v) A practitioner may issue more than one prescription at the same time for the same
334 Schedule II controlled substance, but only under the following conditions:
335 (A) no more than three prescriptions for the same Schedule II controlled substance may
336 be issued at the same time;
337 (B) no one prescription may exceed a 30-day supply;

338 (C) a second or third prescription shall include the date of issuance and the date for
339 dispensing; and
340 (D) unless the practitioner determines there is a valid medical reason to the contrary,
341 the date for dispensing a second or third prescription may not be fewer than 30 days from the
342 dispensing date of the previous prescription.
343 (vi) Each prescription for a controlled substance may contain only one controlled
344 substance per prescription form and may not contain any other legend drug or prescription
345 item.
346 (g) An order for a controlled substance in Schedules II through V for use by an
347 inpatient or an outpatient of a licensed hospital is exempt from all requirements of this
348 Subsection (7) if the order is:
349 (i) issued or made by a prescribing practitioner who holds an unrestricted registration
350 with the federal Drug Enforcement Administration, and an active Utah controlled substance
351 license in good standing issued by the division under this section, or a medical resident who is
352 exempted from licensure under Subsection 58-1-307 (1)(c);
353 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
354 practitioner designates the quantity ordered;
355 (iii) entered upon the record of the patient, the record is signed by the prescriber
356 affirming the prescriber's authorization of the order within 48 hours after filling or
357 administering the order, and the patient's record reflects the quantity actually administered; and
358 (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
359 the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
360 the hospital and the amount taken from the supply is administered directly to the patient
361 authorized to receive it.
362 (h) A practitioner licensed under this chapter may not prescribe, administer, or
363 dispense a controlled substance to a child, without first obtaining the consent required in
364 Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except
365 in cases of an emergency. For purposes of this Subsection (7)(h), "child" has the same

366 meaning as defined in Section 78A-6-105 , and "emergency" means any physical condition
367 requiring the administration of a controlled substance for immediate relief of pain or suffering.
368 (i) A practitioner licensed under this chapter may not prescribe or administer dosages
369 of a controlled substance in excess of medically recognized quantities necessary to treat the
370 ailment, malady, or condition of the ultimate user.
371 (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
372 any controlled substance to another person knowing that the other person is using a false name,
373 address, or other personal information for the purpose of securing the controlled substance.
374 (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
375 a controlled substance may not manufacture, distribute, or dispense a controlled substance to
376 another licensee or any other authorized person not authorized by this license.
377 (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
378 symbol required by this chapter or by a rule issued under this chapter.
379 (m) A person licensed under this chapter may not refuse or fail to make, keep, or
380 furnish any record notification, order form, statement, invoice, or information required under
381 this chapter.
382 (n) A person licensed under this chapter may not refuse entry into any premises for
383 inspection as authorized by this chapter.
384 (o) A person licensed under this chapter may not furnish false or fraudulent material
385 information in any application, report, or other document required to be kept by this chapter or
386 willfully make any false statement in any prescription, order, report, or record required by this
387 chapter.
388 (8) (a) (i) Any person licensed under this chapter who is found by the division to have
389 violated any of the provisions of Subsections (7)(k) through [(7)](o) is subject to a penalty not
390 to exceed $5,000. The division shall determine the procedure for adjudication of any violations
391 in accordance with Sections 58-1-106 and 58-1-108 .
392 (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
393 General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502 (1).

394 (b) Any person who knowingly and intentionally violates Subsections (7)(h) through
395 [(7)](j) is:
396 (i) upon first conviction, guilty of a class B misdemeanor;
397 (ii) upon second conviction, guilty of a class A misdemeanor; and
398 (iii) on third or subsequent conviction, guilty of a third degree felony.
399 (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
400 [(7)](o) shall upon conviction be guilty of a third degree felony.
401 (9) Any information communicated to any licensed practitioner in an attempt to
402 unlawfully procure, or to procure the administration of, a controlled substance is not considered
403 to be a privileged communication.
404 Section 3. Section 58-67-102 is amended to read:
405 58-67-102. Definitions.
406 In addition to the definitions in Section 58-1-102 , as used in this chapter:
407 (1) "ACGME" means the Accreditation Council for Graduate Medical Education of the
408 American Medical Association.
409 (2) "Administrative penalty" means a monetary fine or citation imposed by the division
410 for acts or omissions determined to constitute unprofessional or unlawful conduct, in
411 accordance with a fine schedule established by the division in collaboration with the board, as a
412 result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
413 Administrative Procedures Act.
414 (3) "Board" means the Physicians Licensing Board created in Section 58-67-201 .
415 (4) "Diagnose" means:
416 (a) to examine in any manner another person, parts of a person's body, substances,
417 fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's
418 body, to determine the source, nature, kind, or extent of a disease or other physical or mental
419 condition;
420 (b) to attempt to conduct an examination or determination described under Subsection
421 (4)(a);

422 (c) to hold oneself out as making or to represent that one is making an examination or
423 determination as described in Subsection (4)(a); or
424 (d) to make an examination or determination as described in Subsection (4)(a) upon or
425 from information supplied directly or indirectly by another person, whether or not in the
426 presence of the person making or attempting the diagnosis or examination.
427 (5) "LCME" means the Liaison Committee on Medical Education of the American
428 Medical Association.
429 (6) "Medical assistant" means an unlicensed individual working under the direct and
430 immediate supervision of a licensed physician and surgeon and engaged in specific tasks
431 assigned by the licensed physician and surgeon in accordance with the standards and ethics of
432 the profession.
433 (7) "Physician" means both physicians and surgeons licensed under Section 58-67-301 ,
434 Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section
435 58-68-301 , Utah Osteopathic Medical Practice Act.
436 (8) "Practice of medicine" means:
437 (a) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
438 disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real
439 or imaginary, or to attempt to do so, by any means or instrumentality, and by an individual in
440 Utah or outside the state upon or for any human within the state, except that conduct described
441 in this Subsection (8)(a) that is performed by a person legally and in accordance with a license
442 issued under another chapter of this title does not constitute the practice of medicine;
443 (b) when a person not licensed as a physician directs a licensee under this chapter to
444 withhold or alter the health care services that the licensee has ordered, but practice of medicine
445 does not include any conduct under Subsection 58-67-501 (2);
446 (c) to maintain an office or place of business for the purpose of doing any of the acts
447 described in Subsection (8)(a) whether or not for compensation; or
448 (d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
449 treatment of human diseases or conditions in any printed material, stationery, letterhead,

450 envelopes, signs, or advertisements, the designation "doctor," "doctor of medicine,"
451 "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or any combination of these
452 designations in any manner which might cause a reasonable person to believe the individual
453 using the designation is a licensed physician and surgeon, and if the party using the designation
454 is not a licensed physician and surgeon, the designation must additionally contain the
455 description of the branch of the healing arts for which the person has a license, provided that an
456 individual who has received an earned degree of doctor of medicine degree but is not a licensed
457 physician and surgeon in Utah may use the designation "M.D." if it is followed by "Not
458 Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
459 (9) "Prescription device" means an instrument, apparatus, implement, machine,
460 contrivance, implant, in vitro reagent, or other similar or related article, and any component
461 part or accessory, which is required under federal or state law to be prescribed by a practitioner
462 and dispensed by or through a person or entity licensed under this chapter or exempt from
463 licensure under this chapter.
464 (10) "Prescription drug" means a drug that is required by federal or state law or rule to
465 be dispensed only by prescription or is restricted to administration only by practitioners.
466 (11) "SPEX" means the Special Purpose Examination of the Federation of State
467 Medical Boards.
468 (12) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-67-501 .
469 (13) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-67-502 , and
470 as may be further defined by division rule.
471 Section 4. Section 58-67-302 is amended to read:
472 58-67-302. Qualifications for licensure.
473 (1) An applicant for licensure as a physician and surgeon, except as set forth in
474 Subsection (2), shall:
475 (a) submit an application in a form prescribed by the division, which may include:
476 (i) submissions by the applicant of information maintained by practitioner data banks,
477 as designated by division rule, with respect to the applicant; [and]

478 (ii) a record of professional liability claims made against the applicant and settlements
479 paid by or on behalf of the applicant; and
480 (iii) authorization to use a record coordination and verification service approved by the
481 division in collaboration with the board;
482 (b) pay a fee determined by the department under Section 63J-1-504 ;
483 (c) be of good moral character;
484 (d) provide satisfactory documentation of having successfully completed a program of
485 professional education preparing an individual as a physician and surgeon, as evidenced by
486 [having received an earned degree of doctor of medicine from]:
487 [(i) an LCME accredited medical school or college; or]
488 [(ii) a medical school or college located outside of the United States or its jurisdictions
489 which at the time of the applicant's graduation, met criteria for LCME accreditation;]
490 (i) having received an earned degree of doctor of medicine from an LCME accredited
491 medical school or college; or
492 (ii) if the applicant graduated from a medical school or college located outside the
493 United States or its territories, submitting a current certification by the Educational
494 Commission for Foreign Medical Graduates or any successor organization approved by the
495 division in collaboration with the board;
496 [(e) hold a current certification by the Educational Commission for Foreign Medical
497 Graduates or any successor organization approved by the division in collaboration with the
498 board, if the applicant graduated from a medical school or college located outside of the United
499 States or its jurisdictions;]
500 [(f)] (e) satisfy the division and board that the applicant:
501 (i) has successfully completed 24 months of progressive resident training in a program
502 approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
503 Family Physicians of Canada, or any similar body in the United States or Canada approved by
504 the division in collaboration with the board; or
505 (ii) (A) has successfully completed 12 months of resident training in an ACGME

506 approved program after receiving a degree of doctor of medicine as required under Subsection
507 (1)(d);
508 (B) has been accepted in and is successfully participating in progressive resident
509 training in an ACGME approved program within Utah, in the applicant's second or third year
510 of postgraduate training; and
511 (C) has agreed to surrender to the division the applicant's license as a physician and
512 surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
513 and has agreed the applicant's license as a physician and surgeon will be automatically revoked
514 by the division if the applicant fails to continue in good standing in an ACGME approved
515 progressive resident training program within the state;
516 [(g)] (f) pass the licensing examination sequence required by division rule made in
517 collaboration with the board;
518 [(h)] (g) be able to read, write, speak, understand, and be understood in the English
519 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
520 [(i)] (h) meet with the board and representatives of the division, if requested, for the
521 purpose of evaluating the applicant's qualifications for licensure;
522 [(j)] (i) designate:
523 (i) a contact person for access to medical records in accordance with the federal Health
524 Insurance Portability and Accountability Act; and
525 (ii) an alternate contact person for access to medical records, in the event the original
526 contact person is unable or unwilling to serve as the contact person for access to medical
527 records; and
528 [(k)] (j) establish a method for notifying patients of the identity and location of the
529 contact person and alternate contact person, if the applicant will practice in a location with no
530 other persons licensed under this chapter.
531 (2) An applicant for licensure as a physician and surgeon by endorsement who is
532 currently licensed to practice medicine in any state other than Utah, a district or territory of the
533 United States, or Canada shall:

534 (a) be currently licensed with a full unrestricted license in good standing in any state,
535 district, or territory of the United States, or Canada;
536 (b) have been actively engaged in the legal practice of medicine in any state, district, or
537 territory of the United States, or Canada for not less than 6,000 hours during the five years
538 immediately preceding the date of application for licensure in Utah;
539 [(c) not have any action pending against the applicant's license;]
540 [(d) not have a license that was suspended or revoked in any state, unless the license
541 was subsequently reinstated as a full unrestricted license in good standing; and]
542 (c) comply with the requirements for licensure under Subsection (1)(a) through (d),
543 (1)(e)(i), and (1)(g) through (j);
544 (d) have passed the licensing examination sequence required in Subsection (1)(f) or
545 another medical licensing examination sequence in another state, district or territory of the
546 United States, or Canada that the division in collaboration with the board by rulemaking
547 determines is equivalent to its own required examination;
548 (e) not have any investigation or action pending against any health care license of the
549 applicant, not have a health care license that was suspended or revoked in any state, district or
550 territory of the United States, or Canada, and not have surrendered a health care license in lieu
551 of a disciplinary action, unless:
552 (i) the license was subsequently reinstated as a full unrestricted license in good
553 standing; or
554 (ii) the division in collaboration with the board determines to its satisfaction, after full
555 disclosure by the applicant, that:
556 (A) the conduct has been corrected, monitored, and resolved; or
557 (B) a mitigating circumstance exists that prevents its resolution, and the division in
558 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
559 would be reinstated;
560 (f) submit to a records review, a practice history review, and comprehensive
561 assessments, if requested by the division in collaboration with the board; and

562 [(e)] (g) produce satisfactory evidence [of] that the [applicant's qualifications, identity,
563 and good standing] applicant meets the requirements of this Subsection (2) to the satisfaction
564 of the division in collaboration with the board.
565 (3) An applicant for licensure by endorsement may engage in the practice of medicine
566 under a temporary license while the applicant's application for licensure is being processed by
567 the division, provided:
568 (a) the applicant submits a complete application required for temporary licensure to the
569 division;
570 (b) the applicant submits a written document to the division from:
571 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
572 Licensing and Inspection Act, stating that the applicant is practicing under the invitation of the
573 health care facility; or
574 (ii) two individuals licensed under this chapter, whose license is in good standing and
575 who practice in the same clinical location, both stating that:
576 (A) the applicant is practicing under the invitation of the individual; and
577 (B) the applicant will practice at the same clinical location as the individual;
578 (c) the applicant submits a signed certification to the division that the applicant meets
579 the requirements of Subsection (2);
580 (d) the applicant does not engage in the practice of medicine until the division has
581 issued a temporary license;
582 (e) the temporary license is only issued for and may not be extended beyond the
583 duration of one year from issuance; and
584 (f) the temporary license expires immediately and prior to the expiration of one year
585 from issuance, upon notification from the division that the applicant's application for licensure
586 by endorsement is denied.
587 (4) The division shall issue a temporary license under Subsection (3) within 15
588 business days after the applicant satisfies the requirements of Subsection (3).
589 Section 5. Section 58-67-302.5 is amended to read:

590 58-67-302.5. Licensing of graduates of foreign medical schools.
591 (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
592 in a medical school outside the United States, its territories, the District of Columbia, or
593 Canada is eligible for licensure as a physician and surgeon in this state if the individual has
594 satisfied the following requirements:
595 (a) meets all the requirements of [Section] Subsection 58-67-302 (1), except for
596 Subsection 58-67-302 (1)(d);
597 (b) has studied medicine in a medical school located outside the United States which is
598 recognized by an organization approved by the division;
599 (c) has completed all of the formal requirements of the foreign medical school except
600 internship or social service;
601 (d) has attained a passing score on the educational commission for foreign medical
602 graduates examination or other qualifying examinations such as the United States Medical
603 Licensing Exam parts I and II, which are approved by the division or a medical school
604 approved by the division;
605 (e) has satisfactorily completed one calendar year of supervised clinical training under
606 the direction of a United States medical education setting accredited by the liaison committee
607 for graduate medical education and approved by the division;
608 (f) has completed the postgraduate hospital training required by Subsection
609 58-67-302 (1)[(f)](e)(i); and
610 (g) has passed the examination required by the division of all applicants for licensure.
611 (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
612 (a) the completion of any foreign internship or social service requirements; and
613 (b) the certification required by Subsection 58-67-302 (1)[(e)](d).
614 (3) Individuals who satisfy the requirements of Subsections (1)(a) through (f) shall be
615 eligible for admission to graduate medical education programs within the state, including
616 internships and residencies, which are accredited by the liaison committee for graduate medical
617 education.

618 (4) A document issued by a medical school located outside the United States shall be
619 considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
620 physician and surgeon in this state if:
621 (a) the foreign medical school is recognized by an organization approved by the
622 division;
623 (b) the document granted by the foreign medical school is issued after the completion
624 of all formal requirements of the medical school except internship or social service; and
625 (c) the foreign medical school certifies that the person to whom the document was
626 issued has satisfactorily completed the requirements of Subsection (1)(c).
627 (5) The provisions for licensure under this section shall be known as the "fifth pathway
628 program."
629 Section 6. Section 58-67-304 is amended to read:
630 58-67-304. License renewal requirements.
631 (1) As a condition precedent for license renewal, each licensee shall, during each
632 two-year licensure cycle or other cycle defined by division rule:
633 (a) complete qualified continuing professional education requirements in accordance
634 with the number of hours and standards defined by division rule made in collaboration with the
635 board;
636 (b) appoint a contact person for access to medical records and an alternate contact
637 person for access to medical records in accordance with Subsection 58-67-302 (1)[(j)](i); and
638 (c) if the licensee practices medicine in a location with no other persons licensed under
639 this chapter, provide some method of notice to the licensee's patients of the identity and
640 location of the contact person and alternate contact person for the licensee.
641 (2) If a renewal period is extended or shortened under Section 58-67-303 , the
642 continuing education hours required for license renewal under this section are increased or
643 decreased proportionally.
644 Section 7. Section 58-67-305 is amended to read:
645 58-67-305. Exemptions from licensure.

646 In addition to the exemptions from licensure in Section 58-1-307 , the following
647 individuals may engage in the described acts or practices without being licensed under this
648 chapter:
649 (1) an individual rendering aid in an emergency, when no fee or other consideration of
650 value for the service is charged, received, expected, or contemplated;
651 (2) an individual administering a domestic or family remedy;
652 (3) (a) (i) a person engaged in the sale of vitamins, health foods, dietary supplements,
653 herbs, or other products of nature, the sale of which is not otherwise prohibited by state or
654 federal law; and
655 (ii) a person acting in good faith for religious reasons, as a matter of conscience, or
656 based on a personal belief, when obtaining or providing any information regarding health care
657 and the use of any product under Subsection (3)(a)(i); and
658 (b) Subsection (3)(a) does not:
659 (i) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
660 pain, or other condition; or
661 (ii) prohibit providing truthful and non-misleading information regarding any of the
662 products under Subsection (3)(a)(i);
663 (4) a person engaged in good faith in the practice of the religious tenets of any church
664 or religious belief, without the use of prescription drugs;
665 (5) an individual authorized by the Department of Health under Section 26-1-30 , to
666 withdraw blood to determine the alcohol or drug content pursuant to Section 41-6a-523 ;
667 (6) a medical assistant while working under the direct and immediate supervision of a
668 licensed physician and surgeon, to the extent the medical assistant is engaged in tasks
669 appropriately delegated by the supervisor in accordance with the standards and ethics of the
670 practice of medicine;
671 (7) an individual engaging in the practice of medicine when:
672 (a) the individual is licensed in good standing as a physician in another state with no
673 licensing action pending and no less than 10 years of professional experience;

674 (b) the services are rendered as a public service and for a noncommercial purpose;
675 (c) no fee or other consideration of value is charged, received, expected, or
676 contemplated for the services rendered beyond an amount necessary to cover the proportionate
677 cost of malpractice insurance; and
678 (d) the individual does not otherwise engage in unlawful or unprofessional conduct;
679 [and]
680 (8) an individual providing expert testimony in a legal proceeding[.]; and
681 (9) an individual who is invited by a school, association, society, or other body
682 approved by the division to conduct a clinic or demonstration of the practice of medicine in
683 which patients are treated, if:
684 (a) the individual does not establish a place of business in this state;
685 (b) the individual does not regularly engage in the practice of medicine in this state;
686 (c) the individual holds a current license in good standing to practice medicine issued
687 by another state, district or territory of the United States, or Canada;
688 (d) the primary purpose of the event is the training of others in the practice of
689 medicine; and
690 (e) neither the patient nor an insurer is billed for the services performed.
691 Section 8. Section 58-67-401 is amended to read:
692 58-67-401. Grounds for denial of license -- Disciplinary proceedings.
693 Grounds for division action [regarding the following are under Section] are set forth in
694 Sections 58-1-401 [:] and 58-67-503 .
695 [(1) refusing to issue a license to an applicant or refusing to renew the license of a
696 licensee;]
697 [(2) revoking, suspending, restricting, or placing on probation the license of a
698 licensee;]
699 [(3) assessing an administrative penalty; and]
700 [(4) issuing a public or private reprimand to a licensee or issuing a cease and desist
701 order.]

702 Section 9. Section 58-67-402 is repealed and reenacted to read:
703 58-67-402. Authority to assess penalty.
704 The division in collaboration with the board may assess penalties as described in
705 Section 58-67-503 .
706 Section 10. Section 58-67-403 is amended to read:
707 58-67-403. Revocation of license -- Nondisciplinary.
708 Revocation by the division of a license under Subsection 58-67-302 (1)[(f)](e) for
709 failure to continue on a resident training program for reasons other than unprofessional or
710 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
711 disciplinary action against the licensee.
712 Section 11. Section 58-67-503 is amended to read:
713 58-67-503. Penalties and administrative actions for unlawful and unprofessional
714 conduct.
715 (1) Any person who violates the unlawful conduct provisions of Section 58-67-501 [, or
716 Subsection] or Section 58-1-501 [(1)(a) or 58-1-501 (1)(c)] is guilty of a third degree felony.
717 [(2) The division may assess administrative penalties in accordance with the provisions
718 of Section 58-67-402 for acts of unprofessional conduct.]
719 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
720 conduct by:
721 (i) assessing administrative penalties; or
722 (ii) taking other appropriate administrative action.
723 (b) A monetary administrative penalty imposed under this section shall be deposited in
724 the Physician Education Fund created in Section 58-67a-1 .
725 (3) If a licensee has been convicted of unlawful conduct, described in Section
726 58-67-501 , before an administrative proceeding regarding the same conduct, the division may
727 not assess an additional administrative fine under this chapter for the same conduct.
728 (4) (a) If the division concludes that an individual has violated provisions of Section
729 58-67-501 , Section 58-67-502 , the Division of Occupational and Professional Licensing Act,

730 the Utah Controlled Substances Act, or any rule or order issued with respect to these
731 provisions, and disciplinary action is appropriate, the director or director's designee shall:
732 (i) issue a citation to the individual;
733 (ii) attempt to negotiate a stipulated settlement; or
734 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
735 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
736 appear.
737 (b) The division may take the following action against an individual who is in violation
738 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
739 stipulated settlement, or a finding of violation in an adjudicative proceeding:
740 (i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
741 ongoing violation, whichever is greater, in accordance with a fine schedule established by rule;
742 or
743 (ii) order to cease and desist from the behavior that constitutes a violation of the
744 provisions described in Subsection (4)(a).
745 (c) An individual's license may not be suspended or revoked through a citation.
746 (d) Each citation issued under this section shall:
747 (i) be in writing;
748 (ii) clearly describe or explain:
749 (A) the nature of the violation, including a reference to the provision of the chapter,
750 rule, or order alleged to have been violated;
751 (B) that the recipient must notify the division in writing within 20 calendar days from
752 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
753 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
754 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
755 the citation within the time specified in the citation; and
756 (iii) be served in accordance with the Utah Rules of Civil Procedure.
757 (e) If the individual to whom the citation is issued fails to request a hearing to contest

758 the citation within 20 calendar days from the day on which the citation is served, the citation
759 becomes the final order of the division and is not subject to further agency review. The period
760 to contest the citation may be extended by the division for cause.
761 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
762 the license of an individual who fails to comply with a citation after the citation becomes final.
763 (g) The failure of an applicant for licensure to comply with a citation after it becomes
764 final is a ground for denial of license.
765 (h) No citation may be issued under this section after six months from the day on
766 which the violation last occurred.
767 Section 12. Section 58-68-102 is amended to read:
768 58-68-102. Definitions.
769 In addition to the definitions in Section 58-1-102 , as used in this chapter:
770 (1) "ACGME" means the Accreditation Council for Graduate Medical Education of the
771 American Medical Association.
772 (2) "Administrative penalty" means a monetary fine imposed by the division for acts or
773 omissions determined to constitute unprofessional or unlawful conduct, as a result of an
774 adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative
775 Procedures Act.
776 (3) "AOA" means the American Osteopathic Association.
777 (4) "Board" means the Osteopathic [Physicians] Physician and Surgeon's Licensing
778 Board created in Section 58-68-201 .
779 (5) "Diagnose" means:
780 (a) to examine in any manner another person, parts of a person's body, substances,
781 fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's
782 body, to determine the source, nature, kind, or extent of a disease or other physical or mental
783 condition;
784 (b) to attempt to conduct an examination or determination described under Subsection
785 (5)(a);

786 (c) to hold oneself out as making or to represent that one is making an examination or
787 determination as described in Subsection (5)(a); or
788 (d) to make an examination or determination as described in Subsection (5)(a) upon or
789 from information supplied directly or indirectly by another person, whether or not in the
790 presence of the person making or attempting the diagnosis or examination.
791 (6) "Medical assistant" means an unlicensed individual working under the direct and
792 immediate supervision of a licensed osteopathic physician and surgeon and engaged in specific
793 tasks assigned by the licensed osteopathic physician and surgeon in accordance with the
794 standards and ethics of the profession.
795 (7) "Physician" means both physicians and surgeons licensed under Section 58-67-301 ,
796 Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section
797 58-68-301 , Utah Osteopathic Medical Practice Act.
798 (8) "Practice of osteopathic medicine" means:
799 (a) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
800 disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real
801 or imaginary, or to attempt to do so, by any means or instrumentality, which in whole or in part
802 is based upon emphasis of the importance of the musculoskeletal system and manipulative
803 therapy in the maintenance and restoration of health, by an individual in Utah or outside of the
804 state upon or for any human within the state, except that conduct described in this Subsection
805 (8)(a) that is performed by a person legally and in accordance with a license issued under
806 another chapter of this title does not constitute the practice of medicine;
807 (b) when a person not licensed as a physician directs a licensee under this chapter to
808 withhold or alter the health care services that the licensee has ordered, but practice of medicine
809 does not include any conduct under Subsection 58-68-501 (2);
810 (c) to maintain an office or place of business for the purpose of doing any of the acts
811 described in Subsection (8)(a) whether or not for compensation; or
812 (d) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
813 treatment of human diseases or conditions, in any printed material, stationery, letterhead,

814 envelopes, signs, or advertisements, the designation "doctor," "doctor of osteopathic medicine,"
815 "osteopathic physician," "osteopathic surgeon," "osteopathic physician and surgeon," "Dr.,"
816 "D.O.," or any combination of these designations in any manner which might cause a
817 reasonable person to believe the individual using the designation is a licensed osteopathic
818 physician, and if the party using the designation is not a licensed osteopathic physician, the
819 designation must additionally contain the description of the branch of the healing arts for which
820 the person has a license, provided that an individual who has received an earned degree of
821 doctor of osteopathic medicine but is not a licensed osteopathic physician and surgeon in Utah
822 may use the designation "D.O." if it is followed by "Not Licensed" or "Not Licensed in Utah"
823 in the same size and style of lettering.
824 (9) "Prescription device" means an instrument, apparatus, implement, machine,
825 contrivance, implant, in vitro reagent, or other similar or related article, and any component
826 part or accessory, which is required under federal or state law to be prescribed by a practitioner
827 and dispensed by or through a person or entity licensed under this chapter or exempt from
828 licensure under this chapter.
829 (10) "Prescription drug" means a drug that is required by federal or state law or rule to
830 be dispensed only by prescription or is restricted to administration only by practitioners.
831 (11) "SPEX" means the Special Purpose Examination of the Federation of State
832 Medical Boards.
833 (12) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-68-501 .
834 (13) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-68-502 and as
835 may be further defined by division rule.
836 Section 13. Section 58-68-302 is amended to read:
837 58-68-302. Qualifications for licensure.
838 (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
839 forth in Subsection (2) [or (3)], shall:
840 (a) submit an application in a form prescribed by the division, which may include:
841 (i) submissions by the applicant of information maintained by practitioner data banks,

842 as designated by division rule, with respect to the applicant; [and]
843 (ii) a record of professional liability claims made against the applicant and settlements
844 paid by or on behalf of the applicant; and
845 (iii) authorization to use a record coordination and verification service approved by the
846 division in collaboration with the board;
847 (b) pay a fee determined by the department under Section 63J-1-504 ;
848 (c) be of good moral character;
849 (d) provide satisfactory documentation of having successfully completed a program of
850 professional education preparing an individual as an osteopathic physician and surgeon, as
851 evidenced by [having received an earned degree of doctor of osteopathic medicine from:(i) an
852 AOA approved medical school or college; or (ii)]:
853 (i) having received an earned degree of doctor of osteopathic medicine from an AOA
854 approved medical school or college; or
855 (ii) submitting a current certification by the Educational Commission for Foreign
856 Medical Graduates or any successor organization approved by the division in collaboration
857 with the board, if the applicant is graduated from an osteopathic medical school or college
858 located outside of the United States or its [jurisdictions] territories which at the time of the
859 applicant's graduation, met criteria for accreditation by the AOA;
860 [(e) hold a current certification by the Educational Commission for Foreign Medical
861 Graduates or any successor organization approved by the division in collaboration with the
862 board, if the applicant graduated from a medical school or college located outside of the United
863 States or its jurisdictions;]
864 [(f)] (e) satisfy the division and board that the applicant:
865 (i) has successfully completed 24 months of progressive resident training in an
866 ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
867 required under Subsection (1)(d); or
868 (ii) (A) has successfully completed 12 months of resident training in an ACGME or
869 AOA approved program after receiving a degree of doctor of osteopathic medicine as required

870 under Subsection (1)(d);
871 (B) has been accepted in and is successfully participating in progressive resident
872 training in an ACGME or AOA approved program within Utah, in the applicant's second or
873 third year of postgraduate training; and
874 (C) has agreed to surrender to the division the applicant's license as an osteopathic
875 physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
876 Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
877 will be automatically revoked by the division if the applicant fails to continue in good standing
878 in an ACGME or AOA approved progressive resident training program within the state;
879 [(g)] (f) pass the licensing examination sequence required by division rule, as made in
880 collaboration with the board;
881 [(h)] (g) be able to read, write, speak, understand, and be understood in the English
882 language and demonstrate proficiency to the satisfaction of the board, if requested by the board;
883 [(i)] (h) meet with the board and representatives of the division, if requested for the
884 purpose of evaluating the applicant's qualifications for licensure;
885 [(j)] (i) designate:
886 (i) a contact person for access to medical records in accordance with the federal Health
887 Insurance Portability and Accountability Act; and
888 (ii) an alternate contact person for access to medical records, in the event the original
889 contact person is unable or unwilling to serve as the contact person for access to medical
890 records; and
891 [(k)] (j) establish a method for notifying patients of the identity and location of the
892 contact person and alternate contact person, if the applicant will practice in a location with no
893 other persons licensed under this chapter.
894 (2) An applicant for licensure as an osteopathic physician and surgeon [qualifying
895 under the] by endorsement [provision of Section 58-1-302 ] who is currently licensed to
896 practice osteopathic medicine in any state other than Utah, a district or territory of the United
897 States, or Canada shall:

898 (a) be currently licensed with a full unrestricted license in good standing in [another
899 jurisdiction as set forth in Section 58-1-302 ] any state, district or territory of the United States,
900 or Canada;
901 (b) have been actively engaged in the legal practice of osteopathic medicine in any
902 state, district or territory of the United States, or Canada for not less than 6,000 hours during
903 the five years immediately preceding the day on which the applicant applied for licensure in
904 Utah;
905 [(b) (i)] (c) [document having met all] comply with the requirements for licensure
906 under [Subsection] Subsections (1)(a) through (d), (1)(e)(i), and (1)(g) through (j) [except, if an
907 applicant received licensure in another state or jurisdiction based upon only 12 months
908 residency training after graduation from medical school, the applicant may qualify for licensure
909 in Utah by endorsement only if licensed in the other state prior to July 1, 1996; or];
910 [(ii) document having obtained licensure in another state or jurisdiction whose
911 licensure requirements were at the time of obtaining licensure equal to licensure requirements
912 at that time in Utah;]
913 [(c) have passed the SPEX examination within 12 months preceding the date of
914 application for licensure in Utah if the date on which the applicant passed qualifying
915 examinations for licensure is greater than five years prior to the date of the application for
916 licensure in Utah, or meet medical specialty certification requirements which may be
917 established by division rule made in collaboration with the board;]
918 [(d) have been actively engaged in the practice as an osteopathic physician and surgeon
919 for not less than 6,000 hours during the five years immediately preceding the date of
920 application for licensure in Utah;]
921 [(e) meet with the board and representatives of the division, if requested for the
922 purpose of evaluating the applicant's qualifications for licensure; and]
923 [(f) not have a license that was suspended or revoked in any state, unless the license
924 was subsequently reinstated as a full unrestricted license in good standing.]
925 (d) have passed the licensing examination sequence required in Subsection (1)(f) or

926 another medical licensing examination sequence in another state, district or territory of the
927 United States, or Canada that the division in collaboration with the board by rulemaking
928 determines is equivalent to its own required examination;
929 (e) not have any investigation or action pending against any health care license of the
930 applicant, not have a health care license that was suspended or revoked in any state, district or
931 territory of the United States, or Canada, and not have surrendered a health care license in lieu
932 of a disciplinary action, unless:
933 (i) the license was subsequently reinstated as a full unrestricted license in good
934 standing; or
935 (ii) the division in collaboration with the board determines, after full disclosure by the
936 applicant, that:
937 (A) the conduct has been corrected, monitored, and resolved; or
938 (B) a mitigating circumstance exists that prevents its resolution, and the division in
939 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
940 would be reinstated;
941 (f) submit to a records review, a practice review history, and physical and
942 psychological assessments, if requested by the division in collaboration with the board; and
943 (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
944 the satisfaction of the division in collaboration with the board.
945 [(3) An applicant for licensure as an osteopathic physician and surgeon, who has been
946 licensed as an osteopathic physician in Utah, who has allowed the applicant's license in Utah to
947 expire for nonpayment of license fees, and who is currently licensed in good standing in
948 another state or jurisdiction of the United States shall:]
949 [(a) submit an application in a form prescribed by the division;]
950 [(b) pay a fee determined by the department under Section 63J-1-504 ;]
951 [(c) be of good moral character;]
952 [(d) have passed the SPEX examination within 12 months preceding the date of
953 application for licensure in Utah if the date on which the applicant passed qualifying

954 examinations for licensure is greater than five years prior to the date of the application for
955 licensure in Utah;]
956 [(e) have been actively engaged in the practice as an osteopathic physician for not
957 fewer than 6,000 hours during the five years immediately preceding the date of application for
958 licensure; and]
959 [(f) meet with the board and representatives of the division, if requested for the purpose
960 of evaluating the applicant's qualifications for licensure.]
961 [(4)] (3) An applicant for licensure by endorsement may engage in the practice of
962 medicine under a temporary license while the applicant's application for licensure is being
963 processed by the division, provided:
964 (a) the applicant submits a complete application required for temporary licensure to the
965 division;
966 (b) the applicant submits a written document to the division from:
967 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
968 Licensing and Inspection Act, stating that the applicant is practicing under the invitation of the
969 health care facility; or
970 (ii) two individuals licensed under this chapter, whose license is in good standing and
971 who practice in the same clinical location, both stating that:
972 (A) the applicant is practicing under the invitation of the individual; and
973 (B) the applicant will practice at the same clinical location as the individual;
974 (c) the applicant submits a signed certification to the division that the applicant meets
975 the requirements of Subsection (2);
976 (d) the applicant does not engage in the practice of medicine until the division has
977 issued a temporary license;
978 (e) the temporary license is only issued for and may not be extended beyond the
979 duration of one year from issuance; and
980 (f) the temporary license expires immediately and prior to the expiration of one year
981 from issuance, upon notification from the division that the applicant's application for licensure

982 by endorsement is denied.
983 [(5)] (4) The division shall issue a temporary license under Subsection [(4)] (3) within
984 15 business days after the applicant satisfies the requirements of Subsection [(4)] (3).
985 Section 14. Section 58-68-304 is amended to read:
986 58-68-304. License renewal requirements.
987 (1) As a condition precedent for license renewal, each licensee shall, during each
988 two-year licensure cycle or other cycle defined by division rule:
989 (a) complete qualified continuing professional education requirements in accordance
990 with the number of hours and standards defined by division rule in collaboration with the
991 board;
992 (b) appoint a contact person for access to medical records and an alternate contact
993 person for access to medical records in accordance with Subsection 58-68-302 (1)[(j)](i); and
994 (c) if the licensee practices osteopathic medicine in a location with no other persons
995 licensed under this chapter, provide some method of notice to the licensee's patients of the
996 identity and location of the contact person and alternate contact person for access to medical
997 records for the licensee in accordance with Subsection 58-68-302 (1)[(k)](j).
998 (2) If a renewal period is extended or shortened under Section 58-68-303 , the
999 continuing education hours required for license renewal under this section are increased or
1000 decreased proportionally.
1001 Section 15. Section 58-68-305 is amended to read:
1002 58-68-305. Exemptions from licensure.
1003 In addition to the exemptions from licensure in Section 58-1-307 , the following
1004 individuals may engage in the described acts or practices without being licensed under this
1005 chapter:
1006 (1) an individual rendering aid in an emergency, when no fee or other consideration of
1007 value for the service is charged, received, expected, or contemplated;
1008 (2) an individual administering a domestic or family remedy;
1009 (3) (a) (i) a person engaged in the lawful sale of vitamins, health foods, dietary

1010 supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited
1011 by state or federal law; and
1012 (ii) a person acting in good faith for religious reasons, as a matter of conscience, or
1013 based on a personal belief, when obtaining or providing any information regarding health care
1014 and the use of any product under Subsection (3)(a)(i); and
1015 (b) Subsection (3)(a) does not:
1016 (i) permit a person to diagnose any human disease, ailment, injury, infirmity,
1017 deformity, pain, or other condition; or
1018 (ii) prohibit providing truthful and non-misleading information regarding any of the
1019 products under Subsection (3)(a)(i);
1020 (4) a person engaged in good faith in the practice of the religious tenets of any church
1021 or religious belief without the use of prescription drugs;
1022 (5) an individual authorized by the Department of Health under Section 26-1-30 , to
1023 withdraw blood to determine the alcohol or drug content pursuant to Section 41-6a-523 ;
1024 (6) a medical assistant while working under the direct and immediate supervision of a
1025 licensed osteopathic physician, to the extent the medical assistant is engaged in tasks
1026 appropriately delegated by the supervisor in accordance with the standards and ethics of the
1027 practice of medicine;
1028 (7) an individual engaging in the practice of osteopathic medicine when:
1029 (a) the individual is licensed in good standing as an osteopathic physician in another
1030 state with no licensing action pending and no less than 10 years of professional experience;
1031 (b) the services are rendered as a public service and for a noncommercial purpose;
1032 (c) no fee or other consideration of value is charged, received, expected, or
1033 contemplated for the services rendered beyond an amount necessary to cover the proportionate
1034 cost of malpractice insurance; and
1035 (d) the individual does not otherwise engage in unlawful or unprofessional conduct;
1036 [and]
1037 (8) an individual providing expert testimony in a legal proceeding[.]; and

1038 (9) an individual who is invited by a school, association, society, or other body
1039 approved by the division in collaboration with the board to conduct a clinic or demonstration of
1040 the practice of medicine in which patients are treated, if:
1041 (a) the individual does not establish a place of business in this state;
1042 (b) the individual does not regularly engage in the practice of medicine in this state;
1043 (c) the individual holds a current license in good standing to practice medicine issued
1044 by another state, district or territory of the United States, or Canada;
1045 (d) the primary purpose of the event is the training of others in the practice of
1046 medicine; and
1047 (e) neither the patient nor an insurer is billed for the services performed.
1048 Section 16. Section 58-68-401 is amended to read:
1049 58-68-401. Grounds for denial of license -- Disciplinary proceedings.
1050 Grounds for division action [regarding the following are under Section] are set forth in
1051 Sections 58-1-401 [:] and 58-68-503 .
1052 [(1) refusing to issue a license to an applicant or refusing to renew the license of a
1053 licensee;]
1054 [(2) revoking, suspending, restricting, placing on probation the license of a licensee;]
1055 [(3) assessing an administrative penalty; and]
1056 [(4) issuing of a public or private reprimand to a licensee or issuance of a cease and
1057 desist order.]
1058 Section 17. Section 58-68-402 is repealed and reenacted to read:
1059 58-68-402. Authority to assess penalties.
1060 The division in collaboration with the board may assess penalties as described in
1061 Section 58-67-503 .
1062 Section 18. Section 58-68-403 is amended to read:
1063 58-68-403. Revocation of license -- Nondisciplinary.
1064 Revocation by the division of a license under Subsection 58-68-302 (1)[(f)](e) for
1065 failure to continue on a resident training program for reasons other than unprofessional or

1066 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
1067 disciplinary action against the licensee.
1068 Section 19. Section 58-68-503 is amended to read:
1069 58-68-503. Penalties and administrative actions for unlawful and unprofessional
1070 conduct.
1071 (1) Any person who violates the unlawful conduct provisions of Section 58-68-501 [, or
1072 Subsection] or Section 58-1-501 [(1)(a) or 58-1-501 (1)(c)] is guilty of a third degree felony.
1073 [(2) The division may assess administrative penalties in accordance with Section
1074 58-68-402 , for acts of unprofessional conduct.]
1075 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
1076 conduct by:
1077 (i) assessing administrative penalties; or
1078 (ii) taking any other appropriate administrative action.
1079 (b) A monetary administrative penalty imposed under this section shall be deposited in
1080 the Physician Education Fund described in Section 58-67a-1 .
1081 (3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501 ,
1082 before an administrative proceeding regarding the same conduct, the licensee may not be
1083 assessed an administrative fine under this chapter for the same conduct.
1084 (4) (a) If the division concludes that an individual has violated the provisions of
1085 Section 58-68-501 , Section 58-68-502 , the Division of Occupational and Professional
1086 Licensing Act, the Utah Controlled Substances Act, or any rule or order issued with respect to
1087 these provisions, and disciplinary action is appropriate, the director or director's designee shall:
1088 (i) issue a citation to the individual;
1089 (ii) attempt to negotiate a stipulated settlement; or
1090 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
1091 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
1092 appear.
1093 (b) The division may take the following action against an individual who is in violation

1094 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
1095 stipulated settlement, or a finding of violation in an adjudicative proceeding:
1096 (i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
1097 violation, whichever is greater, in accordance with a fine schedule established by rule; or
1098 (ii) order to cease and desist from the behavior that constitutes a violation of provisions
1099 described in Subsection (4)(a).
1100 (c) Except for an administrative fine and a cease and desist order, the licensure
1101 sanctions cited in Section 58-1-401 may not be assessed through a citation.
1102 (d) Each citation issued under this section shall:
1103 (i) be in writing;
1104 (ii) clearly describe or explain:
1105 (A) the nature of the violation, including a reference to the provision of the chapter,
1106 rule, or order alleged to have been violated;
1107 (B) that the recipient must notify the division in writing within 20 calendar days from
1108 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
1109 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
1110 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
1111 the citation within the time specified in the citation; and
1112 (iii) be served in accordance with the requirements of the Utah Rules of Civil
1113 Procedure.
1114 (e) If the individual to whom the citation is issued fails to request a hearing to contest
1115 the citation within 20 calendar days from the day on which the citation is served, the citation
1116 becomes the final order of the division and is not subject to further agency review. The period
1117 to contest the citation may be extended by the division for cause.
1118 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
1119 the license of an individual who fails to comply with a citation after the citation becomes final.
1120 (g) The failure of an applicant for licensure to comply with a citation after it becomes
1121 final is a ground for denial of a license.

1122 (h) No citation may be issued under this section after six months from the day on
1123 which the last violation occurred.