S.B. 251

1

TRUTH IN ADVERTISING
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian E. Shiozawa
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the unprofessional conduct provisions of the Division of Occupational
10 and Professional Licensing Act related to advertising by cosmetic medical facilities.
11 Highlighted Provisions:
12 This bill:
13 . prohibits the use of the term "medical" or similar terms by a facility that performs
14 cosmetic medical procedures unless the facility has a doctor on the premises at least
15 75% of the time the facility is open.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 58-1-507, as enacted by Laws of Utah 2012, Chapter 362
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-1-507 is amended to read:
26 58-1-507. Cosmetic medical procedure -- Truth in advertising.
27 (1) Beginning July 1, 2013, a facility that performs a cosmetic medical procedure as

28 defined in Section 58-67-102 may not advertise or hold itself out to the public as a "medical
29 spa," "medical facility," [or] "medical clinic," or any other term that would reasonably lead a
30 person to believe that a person described under Subsection (1)(a)(ii) or (iii) is present at the
31 facility unless:
32 (a) the facility has an individual on the premises while a cosmetic medical procedure is
33 performed who is licensed under:
34 [(1)] (i) Chapter 31b, Nurse [Practices] Practice Act, as an advanced practice registered
35 nurse, practicing as a nurse practitioner;
36 [(2)] (ii) Chapter 67, Utah Medical Practice Act; or
37 [(3)] (iii) Chapter 68, Utah Osteopathic Medical Practice Act[.]; and
38 (b) the facility has an individual described in Subsection (1)(a)(ii) or (iii) on the
39 premises at least 75% of the time in which the facility is open for business.
40 (2) The division may adopt administrative rules to enforce this section in accordance
41 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.




Legislative Review Note
as of 2-26-13 4:57 PM

Office of Legislative Research and General Counsel

[Bill Documents]