Representative Stewart E. Barlow proposes the following substitute bill:


1     
MEDICAL SCHOOL GRADUATES ASSOCIATE PHYSICIAN

2     
LICENSURE

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stewart E. Barlow

6     
Senate Sponsor: Brian E. Shiozawa

7     

8     LONG TITLE
9     General Description:
10          This bill creates a restricted license enabling a medical school graduate to practice
11     medicine under certain conditions.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates the restricted associate physician license;
16          ▸     describes licensure requirements;
17          ▸     describes the scope of practice of a restricted associate physician license;
18          ▸     permits a qualified physician to enter into a cooperative practice arrangement with a
19     licensed associate physician;
20          ▸     describes a cooperative practice arrangement;
21          ▸     requires the Division of Occupational and Professional Licensing to make rules
22     regarding:
23               •     the approval of cooperative practice arrangements; and
24               •     educational methods and programs for associate physicians; and
25          ▸     makes technical changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          58-67-102, as last amended by Laws of Utah 2013, Chapter 262
33          58-67-303, as last amended by Laws of Utah 2011, Chapter 206
34          58-67-304, as last amended by Laws of Utah 2011, Chapters 161 and 214
35          58-67-502, as last amended by Laws of Utah 2015, Chapters 110 and 206
36          58-67-601, as last amended by Laws of Utah 2013, Chapter 364
37          58-68-102, as last amended by Laws of Utah 2013, Chapter 262
38          58-68-303, as last amended by Laws of Utah 2005, Chapter 94
39          58-68-304, as last amended by Laws of Utah 2011, Chapters 161 and 214
40          58-68-502, as last amended by Laws of Utah 2015, Chapters 110 and 206
41          58-68-601, as last amended by Laws of Utah 2013, Chapter 364
42     ENACTS:
43          58-67-302.8, Utah Code Annotated 1953
44          58-67-807, Utah Code Annotated 1953
45          58-68-302.5, Utah Code Annotated 1953
46          58-68-807, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 58-67-102 is amended to read:
50          58-67-102. Definitions.
51          In addition to the definitions in Section 58-1-102, as used in this chapter:
52          (1) "Ablative procedure" means a procedure that is expected to excise, vaporize,
53     disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium:
54     YAG lasers, and excluding hair removal.
55          (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
56     American Medical Association.

57          (3) "Administrative penalty" means a monetary fine or citation imposed by the division
58     for acts or omissions determined to constitute unprofessional or unlawful conduct, in
59     accordance with a fine schedule established by the division in collaboration with the board, as a
60     result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
61     Administrative Procedures Act.
62          (4) "Associate physician" means an individual licensed under Section 58-67-302.8.
63          [(4)] (5) "Board" means the Physicians Licensing Board created in Section 58-67-201.
64          (6) "Collaborating physician" means an individual licensed under Section 58-67-302
65     who enters into a collaborative practice arrangement with an associate physician.
66          (7) "Collaborative practice arrangement" means the arrangement described in Section
67     58-67-807.
68          [(5)] (8) (a) "Cosmetic medical device" means tissue altering energy based devices that
69     have the potential for altering living tissue and that are used to perform ablative or nonablative
70     procedures, such as American National Standards Institute (ANSI) designated Class IIIb and
71     Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices, and
72     excludes ANSI designated Class IIIa and lower powered devices.
73          (b) Notwithstanding Subsection [(5)] (8)(a), if an ANSI designated Class IIIa and lower
74     powered device is being used to perform an ablative procedure, the device is included in the
75     definition of cosmetic medical device under Subsection [(5)] (8)(a).
76          [(6)] (9) "Cosmetic medical procedure":
77          (a) includes the use of cosmetic medical devices to perform ablative or nonablative
78     procedures; and
79          (b) does not include a treatment of the ocular globe such as refractive surgery.
80          [(7)] (10) "Diagnose" means:
81          (a) to examine in any manner another person, parts of a person's body, substances,
82     fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's
83     body, to determine the source, nature, kind, or extent of a disease or other physical or mental
84     condition;
85          (b) to attempt to conduct an examination or determination described under Subsection
86     [(7)] (10)(a);
87          (c) to hold oneself out as making or to represent that one is making an examination or

88     determination as described in Subsection [(7)] (10)(a); or
89          (d) to make an examination or determination as described in Subsection [(7)] (10)(a)
90     upon or from information supplied directly or indirectly by another person, whether or not in
91     the presence of the person making or attempting the diagnosis or examination.
92          [(8)] (11) "LCME" means the Liaison Committee on Medical Education of the
93     American Medical Association.
94          [(9)] (12) "Medical assistant" means an unlicensed individual working under the
95     indirect supervision of a licensed physician and surgeon and engaged in specific tasks assigned
96     by the licensed physician and surgeon in accordance with the standards and ethics of the
97     profession.
98          (13) "Medically underserved area" means a geographic area in which there is a
99     shortage of primary care health services for residents, as determined by the Department of
100     Health.
101          (14) "Medically underserved population" means a specified group of people living in a
102     defined geographic area with a shortage of primary care health services, as determined by the
103     Department of Health.
104          [(10)] (15) (a) (i) "Nonablative procedure" means a procedure that is expected or
105     intended to alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
106     or remove living tissue.
107          (ii) Notwithstanding Subsection [(10)] (15)(a)(i), nonablative procedure includes hair
108     removal.
109          (b) "Nonablative procedure" does not include:
110          (i) a superficial procedure as defined in Section 58-1-102;
111          (ii) the application of permanent make-up; or
112          (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
113     performed by an individual licensed under this title who is acting within the individual's scope
114     of practice.
115          [(11)] (16) "Physician" means both physicians and surgeons licensed under Section
116     58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under
117     Section 58-68-301, Utah Osteopathic Medical Practice Act.
118          [(12)] (17) (a) "Practice of medicine" means:

119          (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
120     disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real
121     or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any
122     means or instrumentality, and by an individual in Utah or outside the state upon or for any
123     human within the state;
124          (ii) when a person not licensed as a physician directs a licensee under this chapter to
125     withhold or alter the health care services that the licensee has ordered;
126          (iii) to maintain an office or place of business for the purpose of doing any of the acts
127     described in Subsection [(12)] (17)(a) whether or not for compensation; or
128          (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
129     treatment of human diseases or conditions in any printed material, stationery, letterhead,
130     envelopes, signs, or advertisements, the designation "doctor," "doctor of medicine,"
131     "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or any combination of these
132     designations in any manner which might cause a reasonable person to believe the individual
133     using the designation is a licensed physician and surgeon, and if the party using the designation
134     is not a licensed physician and surgeon, the designation must additionally contain the
135     description of the branch of the healing arts for which the person has a license, provided that an
136     individual who has received an earned degree of doctor of medicine degree but is not a licensed
137     physician and surgeon in Utah may use the designation "M.D." if it is followed by "Not
138     Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
139          (b) The practice of medicine does not include:
140          (i) except for an ablative medical procedure as provided in Subsection [(12)]
141     (17)(b)(ii), the conduct described in Subsection [(12)] (17)(a)(i) that is performed in
142     accordance with a license issued under another chapter of this title;
143          (ii) an ablative cosmetic medical procedure if the scope of practice for the person
144     performing the ablative cosmetic medical procedure includes the authority to operate or
145     perform a surgical procedure; or
146          (iii) conduct under Subsection 58-67-501(2).
147          [(13)] (18) "Prescription device" means an instrument, apparatus, implement, machine,
148     contrivance, implant, in vitro reagent, or other similar or related article, and any component
149     part or accessory, which is required under federal or state law to be prescribed by a practitioner

150     and dispensed by or through a person or entity licensed under this chapter or exempt from
151     licensure under this chapter.
152          [(14)] (19) "Prescription drug" means a drug that is required by federal or state law or
153     rule to be dispensed only by prescription or is restricted to administration only by practitioners.
154          [(15)] (20) "SPEX" means the Special Purpose Examination of the Federation of State
155     Medical Boards.
156          [(16)] (21) "Unlawful conduct" [is as] means the same as that term is defined in
157     Sections 58-1-501 and 58-67-501.
158          [(17)] (22) "Unprofessional conduct" [is as] means the same as that term is defined in
159     Sections 58-1-501 and 58-67-502, and as may be further defined by division rule.
160          Section 2. Section 58-67-302.8 is enacted to read:
161          58-67-302.8. Restricted licensing of an associate physician.
162          (1) An individual may apply for a restricted license as an associate physician if the
163     individual:
164          (a) meets the requirements described in Subsections 58-67-302(1)(a) through (c),
165     (1)(d)(i), and (1)(g) through (j);
166          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
167     Examination or the equivalent steps of another board-approved medical licensing examination:
168          (i) within three years after the day on which the applicant graduates from a program
169     described in Subsection 58-67-302(1)(d)(i); and
170          (ii) within two years before applying for a restricted license as an associate physician;
171     and
172          (c) is not currently enrolled in and has not completed a residency program.
173          (2) Before a licensed associate physician may engage in the practice of medicine as
174     described in Subsection (3), the licensed associate physician shall:
175          (a) enter into a collaborative practice arrangement described in Section 58-67-807
176     within six months after the associate physician's initial licensure; and
177          (b) receive division approval of the collaborative practice arrangement.
178          (3) An associate physician's scope of practice is limited to primary care services to
179     medically underserved populations or in medically underserved areas within the state.
180          Section 3. Section 58-67-303 is amended to read:

181          58-67-303. Term of license -- Expiration -- Renewal.
182          (1) (a) Except as provided in Section 58-67-302.7, the division shall issue each license
183     under this chapter in accordance with a two-year renewal cycle established by division rule.
184          (b) The division may by rule extend or shorten a renewal period by as much as one year
185     to stagger the renewal cycles it administers.
186          (2) At the time of renewal, the licensee shall show compliance with:
187          (a) continuing education renewal requirements; and
188          (b) the requirement for designation of a contact person and alternate contact person for
189     access to medical records and notice to patients as required by Subsections 58-67-304(1)(b)
190     and (c).
191          (3) Each license issued under this chapter expires on the expiration date shown on the
192     license unless renewed in accordance with Section 58-1-308.
193          (4) An individual may not be licensed as an associate physician for more than a total of
194     four years.
195          Section 4. Section 58-67-304 is amended to read:
196          58-67-304. License renewal requirements.
197          (1) As a condition precedent for license renewal, each licensee shall, during each
198     two-year licensure cycle or other cycle defined by division rule:
199          (a) complete qualified continuing professional education requirements in accordance
200     with the number of hours and standards defined by division rule made in collaboration with the
201     board;
202          (b) appoint a contact person for access to medical records and an alternate contact
203     person for access to medical records in accordance with Subsection 58-67-302(1)(i); [and]
204          (c) if the licensee practices medicine in a location with no other persons licensed under
205     this chapter, provide some method of notice to the licensee's patients of the identity and
206     location of the contact person and alternate contact person for the licensee[.]; and
207          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
208     successfully complete the educational methods and programs described in Subsection
209     58-67-807(4).
210          (2) If a renewal period is extended or shortened under Section 58-67-303, the
211     continuing education hours required for license renewal under this section are increased or

212     decreased proportionally.
213          (3) An application to renew a license under this chapter shall:
214          (a) require a physician to answer the following question: "Do you perform elective
215     abortions in Utah in a location other than a hospital?"; and
216          (b) immediately following the question, contain the following statement: "For purposes
217     of the immediately preceding question, elective abortion means an abortion other than one of
218     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
219     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
220     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
221     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
222     the woman is pregnant as a result of rape or incest."
223          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
224     to the licensing of an abortion clinic, if a physician responds positively to the question
225     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
226     renews the physician's license under this chapter, inform the Department of Health in writing:
227          (a) of the name and business address of the physician; and
228          (b) that the physician responded positively to the question described in Subsection
229     (3)(a).
230          Section 5. Section 58-67-502 is amended to read:
231          58-67-502. Unprofessional conduct.
232          (1) "Unprofessional conduct" includes, in addition to the definition in Section
233     58-1-501:
234          (a) using or employing the services of any individual to assist a licensee in any manner
235     not in accordance with the generally recognized practices, standards, or ethics of the
236     profession, state law, or division rule;
237          (b) making a material misrepresentation regarding the qualifications for licensure under
238     Section 58-67-302.7 or Section 58-67-302.8; or
239          (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
240     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable.
241          (2) "Unprofessional conduct" does not include, in compliance with Section 58-85-103:
242          (a) obtaining an investigational drug or investigational device;

243          (b) administering the investigational drug to an eligible patient; or
244          (c) treating an eligible patient with the investigational drug or investigational device.
245          Section 6. Section 58-67-601 is amended to read:
246          58-67-601. Mentally incompetent or incapacitated physician.
247          (1) As used in this section:
248          (a) "Incapacitated person" means a person who is incapacitated, as defined in Section
249     75-1-201.
250          (b) "Mental illness" [is as] means the same as that term is defined in Section
251     62A-15-602.
252          (c) "Physician" means an individual licensed under this chapter.
253          (2) If a court of competent jurisdiction determines a physician is an incapacitated
254     person or that the physician has a mental illness and is unable to safely engage in the practice
255     of medicine, the director shall immediately suspend the license of the physician upon the entry
256     of the judgment of the court, without further proceedings under Title 63G, Chapter 4,
257     Administrative Procedures Act, regardless of whether an appeal from the court's ruling is
258     pending. The director shall promptly notify the physician, in writing, of the suspension.
259          (3) (a) If the division and a majority of the board find reasonable cause to believe a
260     physician, who is not determined judicially to be an incapacitated person or to have a mental
261     illness, is incapable of practicing medicine with reasonable skill regarding the safety of
262     patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or
263     physical condition, the board shall recommend that the director file a petition with the division,
264     and cause the petition to be served upon the physician with a notice of hearing on the sole issue
265     of the capacity of the physician to competently and safely engage in the practice of medicine.
266          (b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4,
267     Administrative Procedures Act, except as provided in Subsection (4).
268          (4) (a) Every physician who accepts the privilege of being licensed under this chapter
269     gives consent to:
270          (i) submitting at the physician's own expense to an immediate mental or physical
271     examination when directed in writing by the division and a majority of the board to do so; and
272          (ii) the admissibility of the reports of the examining physician's testimony or
273     examination, and waives all objections on the ground the reports constitute a privileged

274     communication.
275          (b) The examination may be ordered by the division, with the consent of a majority of
276     the board, only upon a finding of reasonable cause to believe:
277          (i) the physician has a mental illness, is incapacitated, or otherwise unable to practice
278     medicine with reasonable skill and safety; and
279          (ii) immediate action by the division and the board is necessary to prevent harm to the
280     physician's patients or the general public.
281          (c) (i) Failure of a physician to submit to the examination ordered under this section is
282     a ground for the division's immediate suspension of the physician's license by written order of
283     the director.
284          (ii) The division may enter the order of suspension without further compliance with
285     Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to
286     submit to the examination ordered under this section was due to circumstances beyond the
287     control of the physician and was not related directly to the illness or incapacity of the
288     physician.
289          (5) (a) A physician whose license is suspended under Subsection (2) or (3) has the right
290     to a hearing to appeal the suspension within 10 days after the license is suspended.
291          (b) The hearing held under this subsection shall be conducted in accordance with
292     Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists
293     for the continuance of the order of suspension in order to prevent harm to the physician's
294     patients or the general public.
295          (6) A physician whose license is revoked, suspended, or in any way restricted under
296     this section may request the division and the board to consider, at reasonable intervals,
297     evidence presented by the physician, under procedures established by division rule, regarding
298     any change in the physician's condition, to determine whether:
299          (a) the physician is or is not able to safely and competently engage in the practice of
300     medicine; and
301          (b) the physician is qualified to have the physician's license to practice under this
302     chapter restored completely or in part.
303          Section 7. Section 58-67-807 is enacted to read:
304          58-67-807. Collaborative practice arrangement.

305          (1) (a) The division, in consultation with the board, shall make rules in accordance
306     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the approval of a
307     collaborative practice arrangement.
308          (b) The division shall require a collaborative practice arrangement to:
309          (i) limit the associate physician to providing primary care services to medically
310     underserved populations or in medically underserved areas within the state;
311          (ii) be consistent with the skill, training, and competence of the associate physician;
312          (iii) specify jointly agreed-upon protocols, or standing orders for the delivery of health
313     care services by the associate physician;
314          (iv) provide complete names, home and business addresses, zip codes, and telephone
315     numbers of the collaborating physician and the associate physician;
316          (v) list all other offices or locations besides those listed in Subsection (1)(b)(iv) where
317     the collaborating physician authorizes the associate physician to prescribe;
318          (vi) require at every office where the associate physician is authorized to prescribe in
319     collaboration with a physician a prominently displayed disclosure statement informing patients
320     that patients may be seen by an associate physician and have the right to see the collaborating
321     physician;
322          (vii) specify all specialty or board certifications of the collaborating physician and all
323     certifications of the associate physician;
324          (viii) specify the manner of collaboration between the collaborating physician and the
325     associate physician, including how the collaborating physician and the associate physician
326     shall:
327          (A) engage in collaborative practice consistent with each professional's skill, training,
328     education, and competence;
329          (B) maintain geographic proximity, except as provided in Subsection (1)(d); and
330          (C) provide oversight of the associate physician during the absence, incapacity,
331     infirmity, or emergency of the collaborating physician;
332          (ix) describe the associate physician's controlled substance prescriptive authority in
333     collaboration with the collaborating physician, including:
334          (A) a list of the controlled substances the collaborating physician authorizes the
335     associate physician to prescribe; and

336          (B) documentation that the authorization to prescribe the controlled substances is
337     consistent with the education, knowledge, skill, and competence of the associate physician and
338     the collaborating physician;
339          (x) list all other written practice arrangements of the collaborating physician and the
340     associate physician;
341          (xi) specify the duration of the written practice arrangement between the collaborating
342     physician and the associate physician; and
343          (xii) describe the time and manner of the collaborating physician's review of the
344     associate physician's delivery of health care services, including provisions that the
345     collaborating physician, or another physician designated in the collaborative practice
346     arrangement, shall review every 14 days:
347          (A) a minimum of 10% of the charts documenting the associate physician's delivery of
348     health care services; and
349          (B) a minimum of 20% of the charts in which the associate physician prescribes a
350     controlled substance, which may be counted in the number of charts to be reviewed under
351     Subsection (1)(b)(xii)(A).
352          (c) An associate physician and the collaborating physician may modify a collaborative
353     practice arrangement, but the changes to the collaborative practice arrangement are not binding
354     unless:
355          (i) the associate physician notifies the division within 10 days after the day on which
356     the changes are made; and
357          (ii) the division approves the changes.
358          (d) If the collaborative practice arrangement provides for an associate physician to
359     practice in a medically underserved area:
360          (i) the collaborating physician shall document the completion of at least a two-month
361     period of time during which the associate physician shall practice with the collaborating
362     physician continuously present before practicing in a setting where the collaborating physician
363     is not continuously present; and
364          (ii) the collaborating physician shall document the completion of at least 120 hours in a
365     four-month period by the associate physician during which the associate physician shall
366     practice with the collaborating physician on-site before prescribing a controlled substance

367     when the collaborating physician is not on-site.
368          (2) An associate physician:
369          (a) shall clearly identify himself or herself as an associate physician;
370          (b) is permitted to use the title "doctor" or "Dr."; and
371          (c) if authorized under a collaborative practice arrangement to prescribe Schedule III
372     through V controlled substances, shall register with the United States Drug Enforcement
373     Administration as part of the drug enforcement administration's mid-level practitioner registry.
374          (3) (a) A physician or surgeon licensed and in good standing under Section 58-67-302
375     may enter into a collaborative practice arrangement with an associate physician licensed under
376     Section 58-67-302.8.
377          (b) A physician or surgeon may not enter into a collaborative practice arrangement
378     with more than three full-time equivalent associate physicians.
379          (c) (i) No contract or other agreement shall:
380          (A) require a physician to act as a collaborating physician for an associate physician
381     against the physician's will;
382          (B) deny a collaborating physician the right to refuse to act as a collaborating
383     physician, without penalty, for a particular associate physician; or
384          (C) limit the collaborating physician's ultimate authority over any protocols or standing
385     orders or in the delegation of the physician's authority to any associate physician.
386          (ii) Subsection (3)(c)(i)(C) does not authorize a physician, in implementing protocols,
387     standing orders, or delegation, to violate a hospital's established applicable standards for safe
388     medical practice.
389          (d) A collaborating physician is responsible at all times for the oversight of the
390     activities of, and accepts responsibility for, the primary care services rendered by the associate
391     physician.
392          (4) The division shall makes rules, in consultation with the board, the deans of medical
393     schools in the state, and primary care residency program directors in the state, and in
394     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing
395     educational methods and programs that:
396          (a) an associate physician shall complete throughout the duration of the collaborative
397     practice arrangement;

398          (b) shall facilitate the advancement of the associate physician's medical knowledge and
399     capabilities; and
400          (c) may lead to credit toward a future residency program.
401          Section 8. Section 58-68-102 is amended to read:
402          58-68-102. Definitions.
403          In addition to the definitions in Section 58-1-102, as used in this chapter:
404          (1) "Ablative procedure" means a procedure that is expected to excise, vaporize,
405     disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium:
406     YAG lasers, and excluding hair removal.
407          (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
408     American Medical Association.
409          (3) "Administrative penalty" means a monetary fine imposed by the division for acts or
410     omissions determined to constitute unprofessional or unlawful conduct, as a result of an
411     adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative
412     Procedures Act.
413          (4) "AOA" means the American Osteopathic Association.
414          (5) "Associate physician" means an individual licensed under Section 58-68-302.5.
415          [(5)] (6) "Board" means the Osteopathic Physician and Surgeon's Licensing Board
416     created in Section 58-68-201.
417          (7) "Collaborating physician" means an individual licensed under Section 58-68-302
418     who enters into a collaborative practice arrangement with an associate physician.
419          (8) "Collaborative practice arrangement" means the arrangement described in Section
420     58-68-807.
421          [(6)] (9) (a) "Cosmetic medical device" means tissue altering energy based devices that
422     have the potential for altering living tissue and that are used to perform ablative or nonablative
423     procedures, such as American National Standards Institute (ANSI) designated Class IIIb and
424     Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices and
425     excludes ANSI designated Class IIIa and lower powered devices.
426          (b) Notwithstanding Subsection [(6)] (9)(a), if an ANSI designated Class IIIa and lower
427     powered device is being used to perform an ablative procedure, the device is included in the
428     definition of cosmetic medical device under Subsection [(6)] (9)(a).

429          [(7)] (10) "Cosmetic medical procedure":
430          (a) includes the use of cosmetic medical devices to perform ablative or nonablative
431     procedures; and
432          (b) does not include a treatment of the ocular globe such as refractive surgery.
433          [(8)] (11) "Diagnose" means:
434          (a) to examine in any manner another person, parts of a person's body, substances,
435     fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's
436     body, to determine the source, nature, kind, or extent of a disease or other physical or mental
437     condition;
438          (b) to attempt to conduct an examination or determination described under Subsection
439     (8)(a);
440          (c) to hold oneself out as making or to represent that one is making an examination or
441     determination as described in Subsection [(8)] (11)(a); or
442          (d) to make an examination or determination as described in Subsection [(8)] (11)(a)
443     upon or from information supplied directly or indirectly by another person, whether or not in
444     the presence of the person making or attempting the diagnosis or examination.
445          [(9)] (12) "Medical assistant" means an unlicensed individual working under the
446     indirect supervision of a licensed osteopathic physician and surgeon and engaged in specific
447     tasks assigned by the licensed osteopathic physician and surgeon in accordance with the
448     standards and ethics of the profession.
449          (13) "Medically underserved area" means a geographic area in which there is a
450     shortage of primary care health services for residents, as determined by the Department of
451     Health.
452          (14) "Medically underserved population" means a specified group of people living in a
453     defined geographic area with a shortage of primary care health services, as determined by the
454     Department of Health.
455          [(10)] (15) (a) (i) "Nonablative procedure" means a procedure that is expected or
456     intended to alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
457     or remove living tissue.
458          (ii) Notwithstanding Subsection [(10)] (15)(a)(i), nonablative procedure includes hair
459     removal.

460          (b) "Nonablative procedure" does not include:
461          (i) a superficial procedure as defined in Section 58-1-102;
462          (ii) the application of permanent make-up; or
463          (iii) the use of photo therapy lasers for neuromusculoskeletal treatments that are
464     preformed by an individual licensed under this title who is acting within the individual's scope
465     of practice.
466          [(11)] (16) "Physician" means both physicians and surgeons licensed under Section
467     58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under
468     Section 58-68-301, Utah Osteopathic Medical Practice Act.
469          [(12)] (17) (a) "Practice of osteopathic medicine" means:
470          (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
471     disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real
472     or imaginary, or to attempt to do so, by any means or instrumentality, which in whole or in part
473     is based upon emphasis of the importance of the musculoskeletal system and manipulative
474     therapy in the maintenance and restoration of health, by an individual in Utah or outside of the
475     state upon or for any human within the state;
476          (ii) when a person not licensed as a physician directs a licensee under this chapter to
477     withhold or alter the health care services that the licensee has ordered;
478          (iii) to maintain an office or place of business for the purpose of doing any of the acts
479     described in Subsection [(12)] (17)(a) whether or not for compensation; or
480          (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
481     treatment of human diseases or conditions, in any printed material, stationery, letterhead,
482     envelopes, signs, or advertisements, the designation "doctor," "doctor of osteopathic medicine,"
483     "osteopathic physician," "osteopathic surgeon," "osteopathic physician and surgeon," "Dr.,"
484     "D.O.," or any combination of these designations in any manner which might cause a
485     reasonable person to believe the individual using the designation is a licensed osteopathic
486     physician, and if the party using the designation is not a licensed osteopathic physician, the
487     designation must additionally contain the description of the branch of the healing arts for which
488     the person has a license, provided that an individual who has received an earned degree of
489     doctor of osteopathic medicine but is not a licensed osteopathic physician and surgeon in Utah
490     may use the designation "D.O." if it is followed by "Not Licensed" or "Not Licensed in Utah"

491     in the same size and style of lettering.
492          (b) The practice of osteopathic medicine does not include:
493          (i) except for an ablative medical procedure as provided in Subsection [(12)]
494     (17)(b)(ii), the conduct described in Subsection [(12)] (17)(a)(i) that is performed in
495     accordance with a license issued under another chapter of this title;
496          (ii) an ablative cosmetic medical procedure if the scope of practice for the person
497     performing the ablative cosmetic medical procedure includes the authority to operate or
498     perform a surgical procedure; or
499          (iii) conduct under Subsection 58-68-501(2).
500          [(13)] (18) "Prescription device" means an instrument, apparatus, implement, machine,
501     contrivance, implant, in vitro reagent, or other similar or related article, and any component
502     part or accessory, which is required under federal or state law to be prescribed by a practitioner
503     and dispensed by or through a person or entity licensed under this chapter or exempt from
504     licensure under this chapter.
505          [(14)] (19) "Prescription drug" means a drug that is required by federal or state law or
506     rule to be dispensed only by prescription or is restricted to administration only by practitioners.
507          [(15)] (20) "SPEX" means the Special Purpose Examination of the Federation of State
508     Medical Boards.
509          [(16)] (21) "Unlawful conduct" [is as] means the same as that term is defined in
510     Sections 58-1-501 and 58-68-501.
511          [(17)] (22) "Unprofessional conduct" [is as] means the same as that term is defined in
512     Sections 58-1-501 and 58-68-502 and as may be further defined by division rule.
513          Section 9. Section 58-68-302.5 is enacted to read:
514          58-68-302.5. Restricted licensing of an associate physician.
515          (1) An individual may apply for a restricted license as an associate physician if the
516     individual:
517          (a) meets the requirements described in Subsections 58-68-302(1)(a) through (c),
518     (1)(d)(i), and (1)(g) through (j);
519          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
520     Examination or the equivalent steps of another board-approved medical licensing examination:
521          (i) within three years after the day on which the applicant graduates from a program

522     described in Subsection 58-68-302(1)(d)(i); and
523          (ii) within two years before applying for a restricted license as an associate physician;
524     and
525          (c) is not currently enrolled in and has not completed a residency program.
526          (2) Before a licensed associate physician may engage in the practice of medicine as
527     described in Subsection (3), the licensed associate physician shall:
528          (a) enter into a collaborative practice arrangement described in Section 58-68-807
529     within six months after the associate physician's initial licensure; and
530          (b) receive division approval of the collaborative practice arrangement.
531          (3) An associate physician's scope of practice is limited to primary care services to
532     medically underserved populations or in medically underserved areas within the state.
533          Section 10. Section 58-68-303 is amended to read:
534          58-68-303. Term of license -- Expiration -- Renewal.
535          (1) (a) The division shall issue each license under this chapter in accordance with a
536     two-year renewal cycle established by division rule.
537          (b) The division may by rule extend or shorten a renewal period by as much as one year
538     to stagger the renewal cycles it administers.
539          (2) At the time of renewal, the licensee shall show compliance with:
540          (a) continuing education renewal requirements; and
541          (b) the requirement for designation of a contact person and alternate contact person for
542     access to medical records and notice to patients as required by Subsections 58-68-304(1)(b)
543     and (c).
544          (3) Each license issued under this chapter expires on the expiration date shown on the
545     license unless renewed in accordance with Section 58-1-308.
546          (4) An individual may not be licensed as an associate physician for more than a total of
547     four years.
548          Section 11. Section 58-68-304 is amended to read:
549          58-68-304. License renewal requirements.
550          (1) As a condition precedent for license renewal, each licensee shall, during each
551     two-year licensure cycle or other cycle defined by division rule:
552          (a) complete qualified continuing professional education requirements in accordance

553     with the number of hours and standards defined by division rule in collaboration with the
554     board;
555          (b) appoint a contact person for access to medical records and an alternate contact
556     person for access to medical records in accordance with Subsection 58-68-302(1)(i); [and]
557          (c) if the licensee practices osteopathic medicine in a location with no other persons
558     licensed under this chapter, provide some method of notice to the licensee's patients of the
559     identity and location of the contact person and alternate contact person for access to medical
560     records for the licensee in accordance with Subsection 58-68-302(1)(j)[.]; and
561          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
562     successfully complete the educational methods and programs described in Subsection
563     58-68-807(4).
564          (2) If a renewal period is extended or shortened under Section 58-68-303, the
565     continuing education hours required for license renewal under this section are increased or
566     decreased proportionally.
567          (3) An application to renew a license under this chapter shall:
568          (a) require a physician to answer the following question: "Do you perform elective
569     abortions in Utah in a location other than a hospital?"; and
570          (b) immediately following the question, contain the following statement: "For purposes
571     of the immediately preceding question, elective abortion means an abortion other than one of
572     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
573     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
574     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
575     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
576     the woman is pregnant as a result of rape or incest."
577          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
578     to the licensing of an abortion clinic, if a physician responds positively to the question
579     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
580     renews the physician's license under this chapter, inform the Department of Health in writing:
581          (a) of the name and business address of the physician; and
582          (b) that the physician responded positively to the question described in Subsection
583     (3)(a).

584          Section 12. Section 58-68-502 is amended to read:
585          58-68-502. Unprofessional conduct.
586          (1) "Unprofessional conduct" includes, in addition to the definition in Section
587     58-1-501:
588          (a) using or employing the services of any individual to assist a licensee in any manner
589     not in accordance with the generally recognized practices, standards, or ethics of the
590     profession, state law, or division rule; [or]
591          (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
592     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[.]; or
593          (c) making a material misrepresentation regarding the qualifications for licensure under
594     Section 58-68-302.5.
595          (2) "Unprofessional conduct" does not include, in compliance with Section 58-85-103:
596          (a) obtaining an investigational drug or investigational device;
597          (b) administering the investigational drug to an eligible patient; or
598          (c) treating an eligible patient with the investigational drug or investigational device.
599          Section 13. Section 58-68-601 is amended to read:
600          58-68-601. Mentally incompetent or incapacitated osteopathic physician.
601          (1) As used in this section:
602          (a) "Incapacitated person" means a person who is incapacitated, as defined in Section
603     75-1-201.
604          (b) "Licensee" means an individual licensed under this chapter.
605          [(b)] (c) "Mental illness" [is as] means the same as that term is defined in Section
606     62A-15-602.
607          (2) If a court of competent jurisdiction determines [an osteopathic physician and
608     surgeon] a licensee is an incapacitated person or that the [physician or surgeon] licensee has a
609     mental illness and is unable to safely engage in the practice of medicine, the director shall
610     immediately suspend the license of the [osteopathic physician and surgeon] licensee upon the
611     entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4,
612     Administrative Procedures Act, regardless of whether an appeal from the court's ruling is
613     pending. The director shall promptly notify the [osteopathic physician and surgeon] licensee,
614     in writing, of the suspension.

615          (3) (a) If the division and a majority of the board find reasonable cause to believe [an
616     osteopathic physician and surgeon] a licensee, who is not determined judicially to be an
617     incapacitated person or to have a mental illness, is incapable of practicing osteopathic medicine
618     with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs
619     or alcohol, or as a result of any mental or physical condition, the board shall recommend that
620     the director file a petition with the division, and cause the petition to be served upon the
621     [osteopathic physician and surgeon] licensee with a notice of hearing on the sole issue of the
622     capacity of the [osteopathic physician and surgeon] licensee to competently and [safety] safely
623     engage in the practice of medicine.
624          (b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4,
625     Administrative Procedures Act, except as provided in Subsection (4).
626          (4) (a) Every [osteopathic physician and surgeon] individual who accepts the privilege
627     of being licensed under this chapter gives consent to:
628          (i) submitting at the [physician's or surgeon's] licensee's own expense to an immediate
629     mental or physical examination when directed in writing by the division and a majority of the
630     board to do so; and
631          (ii) the admissibility of the reports of the examining physician's testimony or
632     examination, and waives all objections on the ground the reports constitute a privileged
633     communication.
634          (b) The examination may be ordered by the division, with the consent of a majority of
635     the board, only upon a finding of reasonable cause to believe:
636          (i) the [osteopathic physician and surgeon] licensee has a mental illness, is
637     incapacitated, or otherwise unable to practice medicine with reasonable skill and safety; and
638          (ii) immediate action by the division and the board is necessary to prevent harm to the
639     [osteopathic physician and surgeon's] licensee's patients or the general public.
640          (c) (i) Failure of [an osteopathic physician and surgeon] a licensee to submit to the
641     examination ordered under this section is a ground for the division's immediate suspension of
642     the [osteopathic physician and surgeon's] licensee's license by written order of the director.
643          (ii) The division may enter the order of suspension without further compliance with
644     Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to
645     submit to the examination ordered under this section was due to circumstances beyond the

646     control of the [osteopathic physician and surgeon] licensee and was not related directly to the
647     illness or incapacity of the [osteopathic physician and surgeon] licensee.
648          (5) (a) [An osteopathic physician and surgeon] A licensee whose license is suspended
649     under Subsection (2) or (3) has the right to a hearing to appeal the suspension within 10 days
650     after the license is suspended.
651          (b) The hearing held under this subsection shall be conducted in accordance with
652     Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists
653     for the continuance of the order of suspension in order to prevent harm to the [osteopathic
654     physician and surgeon's] licensee's patients or the general public.
655          (6) [An osteopathic physician and surgeon] A licensee whose license is revoked,
656     suspended, or in any way restricted under this section may request the division and the board to
657     consider, at reasonable intervals, evidence presented by the [osteopathic physician and surgeon]
658     licensee, under procedures established by division rule, regarding any change in the
659     [osteopathic physician and surgeon's] licensee's condition, to determine whether:
660          (a) the [physician or surgeon] licensee is or is not able to safely and competently
661     engage in the practice of medicine; and
662          (b) the [physician or surgeon] licensee is qualified to have the [physician's or
663     surgeon's] licensee's license to practice under this chapter restored completely or in part.
664          Section 14. Section 58-68-807 is enacted to read:
665          58-68-807. Collaborative practice arrangement.
666          (1) (a) The division, in consultation with the board, shall make rules in accordance
667     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the approval of a
668     collaborative practice arrangement.
669          (b) The division shall require a collaborative practice arrangement to:
670          (i) limit the associate physician to providing primary care services to medically
671     underserved populations or in medically underserved areas within the state;
672          (ii) be consistent with the skill, training, and competence of the associate physician;
673          (iii) specify jointly agreed-upon protocols, or standing orders for the delivery of health
674     care services by the associate physician;
675          (iv) provide complete names, home and business addresses, zip codes, and telephone
676     numbers of the collaborating physician and the associate physician;

677          (v) list all other offices or locations besides those listed in Subsection (1)(b)(iv) where
678     the collaborating physician authorizes the associate physician to prescribe;
679          (vi) require at every office where the associate physician is authorized to prescribe in
680     collaboration with a physician a prominently displayed disclosure statement informing patients
681     that patients may be seen by an associate physician and have the right to see the collaborating
682     physician;
683          (vii) specify all specialty or board certifications of the collaborating physician and all
684     certifications of the associate physician;
685          (viii) specify the manner of collaboration between the collaborating physician and the
686     associate physician, including how the collaborating physician and the associate physician
687     shall:
688          (A) engage in collaborative practice consistent with each professional's skill, training,
689     education, and competence;
690          (B) maintain geographic proximity, except as provided in Subsection (1)(d); and
691          (C) provide oversight of the associate physician during the absence, incapacity,
692     infirmity, or emergency of the collaborating physician;
693          (ix) describe the associate physician's controlled substance prescriptive authority in
694     collaboration with the collaborating physician, including:
695          (A) a list of the controlled substances the collaborating physician authorizes the
696     associate physician to prescribe; and
697          (B) documentation that the authorization to prescribe the controlled substances is
698     consistent with the education, knowledge, skill, and competence of the associate physician and
699     the collaborating physician;
700          (x) list all other written practice arrangements of the collaborating physician and the
701     associate physician;
702          (xi) specify the duration of the written practice arrangement between the collaborating
703     physician and the associate physician; and
704          (xii) describe the time and manner of the collaborating physician's review of the
705     associate physician's delivery of health care services, including provisions that the
706     collaborating physician, or another physician designated in the collaborative practice
707     arrangement, shall review every 14 days:

708          (A) a minimum of 10% of the charts documenting the associate physician's delivery of
709     health care services; and
710          (B) a minimum of 20% of the charts in which the associate physician prescribes a
711     controlled substance, which may be counted in the number of charts to be reviewed under
712     Subsection (1)(b)(xii)(A).
713          (c) An associate physician and the collaborating physician may modify a collaborative
714     practice arrangement, but the changes to the collaborative practice arrangement are not binding
715     unless:
716          (i) the associate physician notifies the division within 10 days after the day on which
717     the changes are made; and
718          (ii) the division approves the changes.
719          (d) If the collaborative practice arrangement provides for an associate physician to
720     practice in a medically underserved area:
721          (i) the collaborating physician shall document the completion of at least a two-month
722     period of time during which the associate physician shall practice with the collaborating
723     physician continuously present before practicing in a setting where the collaborating physician
724     is not continuously present; and
725          (ii) the collaborating physician shall document the completion of at least 120 hours in a
726     four-month period by the associate physician during which the associate physician shall
727     practice with the collaborating physician on-site before prescribing a controlled substance
728     when the collaborating physician is not on-site.
729          (2) An associate physician:
730          (a) shall clearly identify himself or herself as an associate physician;
731          (b) is permitted to use the title "doctor" or "Dr."; and
732          (c) if authorized under a collaborative practice arrangement to prescribe Schedule III
733     through V controlled substances, shall register with the United States Drug Enforcement
734     Administration as part of the drug enforcement administration's mid-level practitioner registry.
735          (3) (a) A physician or surgeon licensed and in good standing under Section 58-68-302
736     may enter into a collaborative practice arrangement with an associate physician licensed under
737     Section 58-68-302.5.
738          (b) A physician or surgeon may not enter into a collaborative practice arrangement

739     with more than three full-time equivalent associate physicians.
740          (c) (i) No contract or other agreement shall:
741          (A) require a physician to act as a collaborating physician for an associate physician
742     against the physician's will;
743          (B) deny a collaborating physician the right to refuse to act as a collaborating
744     physician, without penalty, for a particular associate physician; or
745          (C) limit the collaborating physician's ultimate authority over any protocols or standing
746     orders or in the delegation of the physician's authority to any associate physician.
747          (ii) Subsection (3)(c)(i)(C) does not authorize a physician, in implementing such
748     protocols, standing orders, or delegation, to violate a hospital's established applicable standards
749     for safe medical practice.
750          (d) A collaborating physician is responsible at all times for the oversight of the
751     activities of, and accepts responsibility for, the primary care services rendered by the associate
752     physician.
753          (4) The division shall makes rules, in consultation with the board, the deans of medical
754     schools in the state, and primary care residency program directors in the state, and in
755     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing
756     educational methods and programs that:
757          (a) an associate physician shall complete throughout the duration of the collaborative
758     practice arrangement;
759          (b) shall facilitate the advancement of the associate physician's medical knowledge and
760     capabilities; and
761          (c) may lead to credit toward a future residency program.
762          Section 15. Effective date.
763          This bill takes effect on July 1, 2018.