First Substitute S.B. 137
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 11, 2014 at 10:09 AM by lpoole. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 19, 2014 at 3:54 PM by lpoole. --> This document includes House Committee Amendments incorporated into the bill on Tue, Mar 4, 2014 at 2:31 PM by jeyring. -->
7 LONG TITLE
8 General Description:
9 This bill amends the unprofessional and unlawful conduct provisions of the Division of
10 Occupational and Professional Licensing Act to require all licensed health care
11 providers to disclose to a patient the health care provider's type of license and name.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . beginning January 1, 2015, requires a health care provider, in a patient encounter, to
16 wear a badge or clothing that identifies the health care provider's name and license
18 . establishes certain exemptions for the requirement for health care provider
20 . requires an individual in training to obtain a health care license to wear
21 identification in patient encounters;
22 . prohibits deceptive or misleading representations by a healthcare provider;
23 . makes it unprofessional conduct for a health care provider to fail to wear
24 identification in a patient encounter;
25 . makes it unlawful conduct for an individual to wear identification in a patient
27 individual is not licensed to perform; and
28 . makes it unlawful conduct to engage in deceptive or misleading representations.
29 Money Appropriated in this Bill:
31 Other Special Clauses:
33 Utah Code Sections Affected:
35 58-1-501.8, Utah Code Annotated 1953
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 58-1-501.8 is enacted to read:
39 58-1-501.8. Occupational and professional identification of health care providers
40 -- Unlawful and unprofessional conduct.
41 (1) For purposes of this section:
42 (a) "Badge" means a tag or badge in plain view:
43 (i) attached to a health care provider's clothing; or
44 (ii) hanging from a lanyard around a health care provider's neck.
45 (b) "Clothing" means a health care provider's outermost article of clothing that is
46 visible to others.
47 (c) "Deceptive or misleading conduct" means any affirmative communication or
48 representation that falsely states, describes, holds out, or details an individual's licensure,
49 training, education, or profession.
50 (d) "Health care provider" means a natural person who is:
51 (i) defined as a health care provider in Section 78B-3-403 ; and
52 (ii) licensed under this title.
53 (e) "Identification" means a badge or stitching, or permanent writing in plain view on
54 clothing that:
55 (i) includes the health care provider's name;
56 (ii) includes the license type held by the health care provider;
58 (iv) contains the information required by Subsections (1)(e)(i) and (ii):
59 (A) in a manner and of sufficient size that can be easily read; and
60 (B) on both sides of the badge, unless the badge or tag is attached to clothing in a way
61 that prevents the badge from rotating.
62 (f) "License type" means a designation of the license type that satisfies the
63 requirements of Section 58-1-501.6 .
64 (g) "Patient encounter" means an interaction in S. a health care facility, health care
64a clinic S. , .S or office S. [
64a1 which a patient can
64b see a health care
65 provider delivering services directly to a patient.
66 (2) Beginning January 1, 2015, except as provided in Subsections (3) and (4), a health
67 care provider shall wear identification during any patient encounter.
68 (3) A health care provider's identification may be covered if required under sterilization
69 or isolation protocols.
70 (4) A health care provider is not required to wear identification:
71 (a) if wearing identification would jeopardize the health care provider's safety; S. [
71a or .S
72 (b) (i) in an office in which:
73 (A) the license type and names of all health care providers working in the office are
74 displayed on the office door; H. [
75 (B) each health care provider working in the office has the health care provider's
76 license posted prominently in the office and readily visible to a patient; and
77 (ii) if the office is an office:
78 (A) of a solo health care provider; S. or .S
79 (B) of a single type of health care provider S. [
80 S. [
81 by only one health care provider in the office, a patient does not receive services from another
82 health care provider in the office, and the health care providers do not provide cross coverage
83 of services for the patients of other health care providers in the office.
84 (5) An individual who is a student or is in training to obtain a license as a health care
85 provider shall:
86 (a) wear identification during patient encounters that identifies the person as in
87 training, or a student, for the particular license type; and
89 (6) It is unprofessional conduct if a health care provider violates this section.
90 (7) It is unlawful conduct if an individual:
91 (a) wears identification in a patient encounter that suggests that the individual is
92 practicing or engaging in an occupation or profession that the individual may not lawfully
93 practice or engage in under this title; or
94 (b) engages in deceptive or misleading conduct.
95 (8) An individual who violates this section is subject to Section 58-1-502 .
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