This document includes House Floor Amendments incorporated into the bill on Fri, Mar 2, 2018 at 12:42 PM by lerror.
Representative Justin L. Fawson proposes the following substitute bill:


1     
SUICIDE PREVENTION TRAINING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Justin L. Fawson

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends portions of the Utah Medical Practice Act and the Utah Osteopathic
10     Medical Practice Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires an individual to complete a course in suicide prevention in order to obtain
14     or renew a license under the Utah Medical Practice Act or the Utah Osteopathic
15     Medical Practice Act; and
16          ▸ Ĥ→ [ allows] requires ←Ĥ the division to issue a waiver from the requirements created in
16a      this bill for
17     Ĥ→ [ any individual who requests a waiver] certain individuals ←Ĥ .
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          58-67-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
25          58-67-302.5, as last amended by Laws of Utah 2011, Chapter 214
26          58-67-302.8 (Effective 07/01/18), as enacted by Laws of Utah 2017, Chapter 299
27          58-67-304 (Superseded 07/01/18), as last amended by Laws of Utah 2011, Chapters
28     161 and 214
29          58-67-304 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 299
30          58-68-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
31          58-68-302.5 (Effective 07/01/18), as enacted by Laws of Utah 2017, Chapter 299
32          58-68-304 (Superseded 07/01/18), as last amended by Laws of Utah 2011, Chapters
33     161 and 214
34          58-68-304 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 299
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 58-67-302 is amended to read:
38          58-67-302. Qualifications for licensure.
39          (1) [An] Except as provided in Subsection (2), an applicant for licensure as a physician
40     and surgeon[, except as set forth in Subsection (2),] shall:
41          (a) submit an application in a form prescribed by the division, which may include:
42          (i) submissions by the applicant of information maintained by practitioner data banks,
43     as designated by division rule, with respect to the applicant;
44          (ii) a record of professional liability claims made against the applicant and settlements
45     paid by or on behalf of the applicant; and
46          (iii) authorization to use a record coordination and verification service approved by the
47     division in collaboration with the board;
48          (b) pay a fee determined by the department under Section 63J-1-504;
49          (c) be of good moral character;
50          (d) provide satisfactory documentation of having successfully completed a program of
51     professional education preparing an individual as a physician and surgeon, as evidenced by:
52          (i) having received an earned degree of doctor of medicine from an LCME accredited
53     medical school or college; or
54          (ii) if the applicant graduated from a medical school or college located outside the
55     United States or its territories, submitting a current certification by the Educational
56     Commission for Foreign Medical Graduates or any successor organization approved by the
57     division in collaboration with the board;
58          (e) satisfy the division and board that the applicant:
59          (i) has successfully completed 24 months of progressive resident training in a program
60     approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
61     Family Physicians of Canada, or any similar body in the United States or Canada approved by
62     the division in collaboration with the board; or
63          (ii) (A) has successfully completed 12 months of resident training in an ACGME
64     approved program after receiving a degree of doctor of medicine as required under Subsection
65     (1)(d);
66          (B) has been accepted in and is successfully participating in progressive resident
67     training in an ACGME approved program within Utah, in the applicant's second or third year
68     of postgraduate training; and
69          (C) has agreed to surrender to the division the applicant's license as a physician and
70     surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
71     and has agreed the applicant's license as a physician and surgeon will be automatically revoked
72     by the division if the applicant fails to continue in good standing in an ACGME approved
73     progressive resident training program within the state;
74          (f) pass the licensing examination sequence required by division rule made in
75     collaboration with the board;
76          (g) be able to read, write, speak, understand, and be understood in the English language
77     and demonstrate proficiency to the satisfaction of the board if requested by the board;
78          (h) meet with the board and representatives of the division, if requested, for the
79     purpose of evaluating the applicant's qualifications for licensure;
80          (i) designate:
81          (i) a contact person for access to medical records in accordance with the federal Health
82     Insurance Portability and Accountability Act; and
83          (ii) an alternate contact person for access to medical records, in the event the original
84     contact person is unable or unwilling to serve as the contact person for access to medical
85     records; [and]
86          (j) establish a method for notifying patients of the identity and location of the contact
87     person and alternate contact person, if the applicant will practice in a location with no other
88     persons licensed under this chapter[.]; and
89          (k) complete a minimum of two hours of training in suicide prevention via a course
90     approved by the division.
91          (2) An applicant for licensure as a physician and surgeon by endorsement who is
92     currently licensed to practice medicine in any state other than Utah, a district or territory of the
93     United States, or Canada shall:
94          (a) be currently licensed with a full unrestricted license in good standing in any state,
95     district, or territory of the United States, or Canada;
96          (b) have been actively engaged in the legal practice of medicine in any state, district, or
97     territory of the United States, or Canada for not less than 6,000 hours during the five years
98     immediately preceding the date of application for licensure in Utah;
99          (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
100     (1)(e)(i), and (1)(g) through [(j)] (k);
101          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
102     another medical licensing examination sequence in another state, district or territory of the
103     United States, or Canada that the division in collaboration with the board by rulemaking
104     determines is equivalent to its own required examination;
105          (e) not have any investigation or action pending against any health care license of the
106     applicant, not have a health care license that was suspended or revoked in any state, district or
107     territory of the United States, or Canada, and not have surrendered a health care license in lieu
108     of a disciplinary action, unless:
109          (i) the license was subsequently reinstated as a full unrestricted license in good
110     standing; or
111          (ii) the division in collaboration with the board determines to its satisfaction, after full
112     disclosure by the applicant, that:
113          (A) the conduct has been corrected, monitored, and resolved; or
114          (B) a mitigating circumstance exists that prevents its resolution, and the division in
115     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
116     would be reinstated;
117          (f) submit to a records review, a practice history review, and comprehensive
118     assessments, if requested by the division in collaboration with the board; and
119          (g) produce satisfactory evidence that the applicant meets the requirements of this
120     Subsection (2) to the satisfaction of the division in collaboration with the board.
121          (3) An applicant for licensure by endorsement may engage in the practice of medicine
122     under a temporary license while the applicant's application for licensure is being processed by
123     the division, provided:
124          (a) the applicant submits a complete application required for temporary licensure to the
125     division;
126          (b) the applicant submits a written document to the division from:
127          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
128     Licensing and Inspection Act, stating that the applicant is practicing under the:
129          (A) invitation of the health care facility; and
130          (B) the general supervision of a physician practicing at the facility; or
131          (ii) two individuals licensed under this chapter, whose license is in good standing and
132     who practice in the same clinical location, both stating that:
133          (A) the applicant is practicing under the invitation and general supervision of the
134     individual; and
135          (B) the applicant will practice at the same clinical location as the individual;
136          (c) the applicant submits a signed certification to the division that the applicant meets
137     the requirements of Subsection (2);
138          (d) the applicant does not engage in the practice of medicine until the division has
139     issued a temporary license;
140          (e) the temporary license is only issued for and may not be extended or renewed
141     beyond the duration of one year from issuance; and
142          (f) the temporary license expires immediately and prior to the expiration of one year
143     from issuance, upon notification from the division that the applicant's application for licensure
144     by endorsement is denied.
145          (4) The division shall issue a temporary license under Subsection (3) within 15
146     business days after the applicant satisfies the requirements of Subsection (3).
147          (5) The division may not require a post-residency board certification as a requirement
148     for licensure.
149          (6) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
149a     Subsection (1)(k) to any
150     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
150a     prevention training that is appropriate to the individual's specialty ←Ĥ .
151          Section 2. Section 58-67-302.5 is amended to read:
152          58-67-302.5. Licensing of graduates of foreign medical schools.
153          (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
154     in a medical school outside the United States, its territories, the District of Columbia, or
155     Canada is eligible for licensure as a physician and surgeon in this state if the individual has
156     satisfied the following requirements:
157          (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
158     58-67-302(1)(d);
159          (b) has studied medicine in a medical school located outside the United States which is
160     recognized by an organization approved by the division;
161          (c) has completed all of the formal requirements of the foreign medical school except
162     internship or social service;
163          (d) has attained a passing score on the educational commission for foreign medical
164     graduates examination or other qualifying examinations such as the United States Medical
165     Licensing Exam parts I and II, which are approved by the division or a medical school
166     approved by the division;
167          (e) has satisfactorily completed one calendar year of supervised clinical training under
168     the direction of a United States medical education setting accredited by the liaison committee
169     for graduate medical education and approved by the division;
170          (f) has completed the postgraduate hospital training required by Subsection
171     58-67-302(1)(e)(i); [and]
172          (g) has passed the examination required by the division of all applicants for
173     licensure[.]; and
174          (h) has completed a minimum of two hours of training in suicide prevention via a
175     course approved by the division.
176          (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
177          (a) the completion of any foreign internship or social service requirements; and
178          (b) the certification required by Subsection 58-67-302(1)(d)(ii).
179          (3) Individuals who satisfy the requirements of Subsections (1)(a) through (f) shall be
180     eligible for admission to graduate medical education programs within the state, including
181     internships and residencies, which are accredited by the liaison committee for graduate medical
182     education.
183          (4) A document issued by a medical school located outside the United States shall be
184     considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
185     physician and surgeon in this state if:
186          (a) the foreign medical school is recognized by an organization approved by the
187     division;
188          (b) the document granted by the foreign medical school is issued after the completion
189     of all formal requirements of the medical school except internship or social service; and
190          (c) the foreign medical school certifies that the person to whom the document was
191     issued has satisfactorily completed the requirements of Subsection (1)(c).
192          (5) The provisions for licensure under this section shall be known as the "fifth pathway
193     program."
194          (6) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
194a     Subsection (1)(h) to any
195     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
195a     prevention training that is appropriate to the individual's specialty ←Ĥ .
196          Section 3. Section 58-67-302.8 (Effective 07/01/18) is amended to read:
197          58-67-302.8 (Effective 07/01/18). Restricted licensing of an associate physician.
198          (1) An individual may apply for a restricted license as an associate physician if the
199     individual:
200          (a) meets the requirements described in Subsections 58-67-302(1)(a) through (c),
201     (1)(d)(i), and (1)(g) through [(j)] (k);
202          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
203     Examination or the equivalent steps of another board-approved medical licensing examination:
204          (i) within three years after the day on which the applicant graduates from a program
205     described in Subsection 58-67-302(1)(d)(i); and
206          (ii) within two years before applying for a restricted license as an associate physician;
207     and
208          (c) is not currently enrolled in and has not completed a residency program.
209          (2) Before a licensed associate physician may engage in the practice of medicine as
210     described in Subsection (3), the licensed associate physician shall:
211          (a) enter into a collaborative practice arrangement described in Section 58-67-807
212     within six months after the associate physician's initial licensure; and
213          (b) receive division approval of the collaborative practice arrangement.
214          (3) An associate physician's scope of practice is limited to primary care services to
215     medically underserved populations or in medically underserved areas within the state.
216          (4) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in Subsection
217     58-67-302(1)(k) to any individual who Ĥ→ [requests a waiver] certifies that the individual has
217a     completed suicide prevention training that is appropriate to the individual's specialty ←Ĥ .
218          Section 4. Section 58-67-304 (Superseded 07/01/18) is amended to read:
219          58-67-304 (Superseded 07/01/18). License renewal requirements.
220          (1) As a condition precedent for license renewal, each licensee shall, during each
221     two-year licensure cycle or other cycle defined by division rule:
222          (a) complete qualified continuing professional education requirements in accordance
223     with the number of hours and standards defined by division rule made in collaboration with the
224     board;
225          (b) appoint a contact person for access to medical records and an alternate contact
226     person for access to medical records in accordance with Subsection 58-67-302(1)(i); and
227          (c) if the licensee practices medicine in a location with no other persons licensed under
228     this chapter, provide some method of notice to the licensee's patients of the identity and
229     location of the contact person and alternate contact person for the licensee.
230          (2) If a renewal period is extended or shortened under Section 58-67-303, the
231     continuing education hours required for license renewal under this section are increased or
232     decreased proportionally.
233          (3) An application to renew a license under this chapter shall:
234          (a) require a physician to answer the following question: "Do you perform elective
235     abortions in Utah in a location other than a hospital?"; and
236          (b) immediately following the question, contain the following statement: "For purposes
237     of the immediately preceding question, elective abortion means an abortion other than one of
238     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
239     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
240     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
241     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
242     the woman is pregnant as a result of rape or incest."
243          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
244     to the licensing of an abortion clinic, if a physician responds positively to the question
245     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
246     renews the physician's license under this chapter, inform the Department of Health in writing:
247          (a) of the name and business address of the physician; and
248          (b) that the physician responded positively to the question described in Subsection
249     (3)(a).
250          (5) (a) The continuing professional education requirements described in Subsection
251     (1)(a) shall include a minimum of two hours of training in suicide prevention via a course
252     approved by the division.
253          (b) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
253a     Subsection (5)(a) to any
254     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
254a     prevention training that is appropriate to the individual's specialty ←Ĥ .
255          Section 5. Section 58-67-304 (Effective 07/01/18) is amended to read:
256          58-67-304 (Effective 07/01/18). License renewal requirements.
257          (1) As a condition precedent for license renewal, each licensee shall, during each
258     two-year licensure cycle or other cycle defined by division rule:
259          (a) complete qualified continuing professional education requirements in accordance
260     with the number of hours and standards defined by division rule made in collaboration with the
261     board;
262          (b) appoint a contact person for access to medical records and an alternate contact
263     person for access to medical records in accordance with Subsection 58-67-302(1)(i);
264          (c) if the licensee practices medicine in a location with no other persons licensed under
265     this chapter, provide some method of notice to the licensee's patients of the identity and
266     location of the contact person and alternate contact person for the licensee; and
267          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
268     successfully complete the educational methods and programs described in Subsection
269     58-67-807(4).
270          (2) If a renewal period is extended or shortened under Section 58-67-303, the
271     continuing education hours required for license renewal under this section are increased or
272     decreased proportionally.
273          (3) An application to renew a license under this chapter shall:
274          (a) require a physician to answer the following question: "Do you perform elective
275     abortions in Utah in a location other than a hospital?"; and
276          (b) immediately following the question, contain the following statement: "For purposes
277     of the immediately preceding question, elective abortion means an abortion other than one of
278     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
279     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
280     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
281     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
282     the woman is pregnant as a result of rape or incest."
283          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
284     to the licensing of an abortion clinic, if a physician responds positively to the question
285     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
286     renews the physician's license under this chapter, inform the Department of Health in writing:
287          (a) of the name and business address of the physician; and
288          (b) that the physician responded positively to the question described in Subsection
289     (3)(a).
290          (5) (a) The continuing professional education requirements described in Subsection
291     (1)(a) shall include a minimum of two hours of training in suicide prevention via a course
292     approved by the division.
293          (b) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
293a      Subsection (5)(a) to any
294     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
294a     prevention training that is appropriate to the individual's specialty ←Ĥ .
295          Section 6. Section 58-68-302 is amended to read:
296          58-68-302. Qualifications for licensure.
297          (1) [An] Except as provided in Subsection (2), an applicant for licensure as an
298     osteopathic physician and surgeon[, except as set forth in Subsection (2),] shall:
299          (a) submit an application in a form prescribed by the division, which may include:
300          (i) submissions by the applicant of information maintained by practitioner data banks,
301     as designated by division rule, with respect to the applicant;
302          (ii) a record of professional liability claims made against the applicant and settlements
303     paid by or on behalf of the applicant; and
304          (iii) authorization to use a record coordination and verification service approved by the
305     division in collaboration with the board;
306          (b) pay a fee determined by the department under Section 63J-1-504;
307          (c) be of good moral character;
308          (d) provide satisfactory documentation of having successfully completed a program of
309     professional education preparing an individual as an osteopathic physician and surgeon, as
310     evidenced by:
311          (i) having received an earned degree of doctor of osteopathic medicine from an AOA
312     approved medical school or college; or
313          (ii) submitting a current certification by the Educational Commission for Foreign
314     Medical Graduates or any successor organization approved by the division in collaboration
315     with the board, if the applicant is graduated from an osteopathic medical school or college
316     located outside of the United States or its territories which at the time of the applicant's
317     graduation, met criteria for accreditation by the AOA;
318          (e) satisfy the division and board that the applicant:
319          (i) has successfully completed 24 months of progressive resident training in an
320     ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
321     required under Subsection (1)(d); or
322          (ii) (A) has successfully completed 12 months of resident training in an ACGME or
323     AOA approved program after receiving a degree of doctor of osteopathic medicine as required
324     under Subsection (1)(d);
325          (B) has been accepted in and is successfully participating in progressive resident
326     training in an ACGME or AOA approved program within Utah, in the applicant's second or
327     third year of postgraduate training; and
328          (C) has agreed to surrender to the division the applicant's license as an osteopathic
329     physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
330     Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
331     will be automatically revoked by the division if the applicant fails to continue in good standing
332     in an ACGME or AOA approved progressive resident training program within the state;
333          (f) pass the licensing examination sequence required by division rule, as made in
334     collaboration with the board;
335          (g) be able to read, write, speak, understand, and be understood in the English language
336     and demonstrate proficiency to the satisfaction of the board, if requested by the board;
337          (h) meet with the board and representatives of the division, if requested for the purpose
338     of evaluating the applicant's qualifications for licensure;
339          (i) designate:
340          (i) a contact person for access to medical records in accordance with the federal Health
341     Insurance Portability and Accountability Act; and
342          (ii) an alternate contact person for access to medical records, in the event the original
343     contact person is unable or unwilling to serve as the contact person for access to medical
344     records; [and]
345          (j) establish a method for notifying patients of the identity and location of the contact
346     person and alternate contact person, if the applicant will practice in a location with no other
347     persons licensed under this chapter[.]; and
348          (k) complete a minimum of two hours of training in suicide prevention via a course
349     approved by the division.
350          (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
351     who is currently licensed to practice osteopathic medicine in any state other than Utah, a
352     district or territory of the United States, or Canada shall:
353          (a) be currently licensed with a full unrestricted license in good standing in any state,
354     district or territory of the United States, or Canada;
355          (b) have been actively engaged in the legal practice of osteopathic medicine in any
356     state, district or territory of the United States, or Canada for not less than 6,000 hours during
357     the five years immediately preceding the day on which the applicant applied for licensure in
358     Utah;
359          (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
360     (1)(e)(i), and (1)(g) through [(j)] (k);
361          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
362     another medical licensing examination sequence in another state, district or territory of the
363     United States, or Canada that the division in collaboration with the board by rulemaking
364     determines is equivalent to its own required examination;
365          (e) not have any investigation or action pending against any health care license of the
366     applicant, not have a health care license that was suspended or revoked in any state, district or
367     territory of the United States, or Canada, and not have surrendered a health care license in lieu
368     of a disciplinary action, unless:
369          (i) the license was subsequently reinstated as a full unrestricted license in good
370     standing; or
371          (ii) the division in collaboration with the board determines, after full disclosure by the
372     applicant, that:
373          (A) the conduct has been corrected, monitored, and resolved; or
374          (B) a mitigating circumstance exists that prevents its resolution, and the division in
375     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
376     would be reinstated;
377          (f) submit to a records review, a practice review history, and physical and
378     psychological assessments, if requested by the division in collaboration with the board; and
379          (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
380     the satisfaction of the division in collaboration with the board.
381          (3) An applicant for licensure by endorsement may engage in the practice of medicine
382     under a temporary license while the applicant's application for licensure is being processed by
383     the division, provided:
384          (a) the applicant submits a complete application required for temporary licensure to the
385     division;
386          (b) the applicant submits a written document to the division from:
387          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
388     Licensing and Inspection Act, stating that the applicant is practicing under the:
389          (A) invitation of the health care facility; and
390          (B) the general supervision of a physician practicing at the health care facility; or
391          (ii) two individuals licensed under this chapter, whose license is in good standing and
392     who practice in the same clinical location, both stating that:
393          (A) the applicant is practicing under the invitation and general supervision of the
394     individual; and
395          (B) the applicant will practice at the same clinical location as the individual;
396          (c) the applicant submits a signed certification to the division that the applicant meets
397     the requirements of Subsection (2);
398          (d) the applicant does not engage in the practice of medicine until the division has
399     issued a temporary license;
400          (e) the temporary license is only issued for and may not be extended or renewed
401     beyond the duration of one year from issuance; and
402          (f) the temporary license expires immediately and prior to the expiration of one year
403     from issuance, upon notification from the division that the applicant's application for licensure
404     by endorsement is denied.
405          (4) The division shall issue a temporary license under Subsection (3) within 15
406     business days after the applicant satisfies the requirements of Subsection (3).
407          (5) The division may not require a post-residency board certification as a requirement
408     for licensure.
409          (6) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
409a      Subsection (1)(k) to any
410     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
410a     prevention training that is appropriate to the individual's specialty ←Ĥ .
411          Section 7. Section 58-68-302.5 (Effective 07/01/18) is amended to read:
412          58-68-302.5 (Effective 07/01/18). Restricted licensing of an associate physician.
413          (1) An individual may apply for a restricted license as an associate physician if the
414     individual:
415          (a) meets the requirements described in Subsections 58-68-302(1)(a) through (c),
416     (1)(d)(i), and (1)(g) through [(j)] (k);
417          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
418     Examination or the equivalent steps of another board-approved medical licensing examination:
419          (i) within three years after the day on which the applicant graduates from a program
420     described in Subsection 58-68-302(1)(d)(i); and
421          (ii) within two years before applying for a restricted license as an associate physician;
422     and
423          (c) is not currently enrolled in and has not completed a residency program.
424          (2) Before a licensed associate physician may engage in the practice of medicine as
425     described in Subsection (3), the licensed associate physician shall:
426          (a) enter into a collaborative practice arrangement described in Section 58-68-807
427     within six months after the associate physician's initial licensure; and
428          (b) receive division approval of the collaborative practice arrangement.
429          (3) An associate physician's scope of practice is limited to primary care services to
430     medically underserved populations or in medically underserved areas within the state.
431          Section 8. Section 58-68-304 (Superseded 07/01/18) is amended to read:
432          58-68-304 (Superseded 07/01/18). License renewal requirements.
433          (1) As a condition precedent for license renewal, each licensee shall, during each
434     two-year licensure cycle or other cycle defined by division rule:
435          (a) complete qualified continuing professional education requirements in accordance
436     with the number of hours and standards defined by division rule in collaboration with the
437     board;
438          (b) appoint a contact person for access to medical records and an alternate contact
439     person for access to medical records in accordance with Subsection 58-68-302(1)(i); and
440          (c) if the licensee practices osteopathic medicine in a location with no other persons
441     licensed under this chapter, provide some method of notice to the licensee's patients of the
442     identity and location of the contact person and alternate contact person for access to medical
443     records for the licensee in accordance with Subsection 58-68-302(1)(j).
444          (2) If a renewal period is extended or shortened under Section 58-68-303, the
445     continuing education hours required for license renewal under this section are increased or
446     decreased proportionally.
447          (3) An application to renew a license under this chapter shall:
448          (a) require a physician to answer the following question: "Do you perform elective
449     abortions in Utah in a location other than a hospital?"; and
450          (b) immediately following the question, contain the following statement: "For purposes
451     of the immediately preceding question, elective abortion means an abortion other than one of
452     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
453     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
454     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
455     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
456     the woman is pregnant as a result of rape or incest."
457          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
458     to the licensing of an abortion clinic, if a physician responds positively to the question
459     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
460     renews the physician's license under this chapter, inform the Department of Health in writing:
461          (a) of the name and business address of the physician; and
462          (b) that the physician responded positively to the question described in Subsection
463     (3)(a).
464          (5) (a) The continuing professional education requirements described in Subsection
465     (1)(a) shall include a minimum of two hours of training in suicide prevention via a course
466     approved by the division.
467          (b) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
467a     Subsection (5)(a) to any
468     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
468a     prevention training that is appropriate to the individual's specialty ←Ĥ .
469          Section 9. Section 58-68-304 (Effective 07/01/18) is amended to read:
470          58-68-304 (Effective 07/01/18). License renewal requirements.
471          (1) As a condition precedent for license renewal, each licensee shall, during each
472     two-year licensure cycle or other cycle defined by division rule:
473          (a) complete qualified continuing professional education requirements in accordance
474     with the number of hours and standards defined by division rule in collaboration with the
475     board;
476          (b) appoint a contact person for access to medical records and an alternate contact
477     person for access to medical records in accordance with Subsection 58-68-302(1)(i);
478          (c) if the licensee practices osteopathic medicine in a location with no other persons
479     licensed under this chapter, provide some method of notice to the licensee's patients of the
480     identity and location of the contact person and alternate contact person for access to medical
481     records for the licensee in accordance with Subsection 58-68-302(1)(j); and
482          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
483     successfully complete the educational methods and programs described in Subsection
484     58-68-807(4).
485          (2) If a renewal period is extended or shortened under Section 58-68-303, the
486     continuing education hours required for license renewal under this section are increased or
487     decreased proportionally.
488          (3) An application to renew a license under this chapter shall:
489          (a) require a physician to answer the following question: "Do you perform elective
490     abortions in Utah in a location other than a hospital?"; and
491          (b) immediately following the question, contain the following statement: "For purposes
492     of the immediately preceding question, elective abortion means an abortion other than one of
493     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
494     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
495     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
496     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
497     the woman is pregnant as a result of rape or incest."
498          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
499     to the licensing of an abortion clinic, if a physician responds positively to the question
500     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
501     renews the physician's license under this chapter, inform the Department of Health in writing:
502          (a) of the name and business address of the physician; and
503          (b) that the physician responded positively to the question described in Subsection
504     (3)(a).
505          (5) (a) The continuing professional education requirements described in Subsection
506     (1)(a) shall include a minimum of two hours of training in suicide prevention via a course
507     approved by the division.
508          (b) The division Ĥ→ [may] shall ←Ĥ issue a waiver from the requirement in
508a      Subsection (5)(a) to any
509     individual who Ĥ→ [requests a waiver] certifies that the individual has completed suicide
509a     prevention training that is appropriate to the individual's specialty ←Ĥ .
510          Section 10. Effective date.
511          (1) Except as provided in Subsection (2), this bill takes effect on May 8, 2018.
512          (2) The actions affecting the following sections take effect on July 1, 2018:
513          (a) Section 58-67-302.8 (Effective 07/01/18);
514          (b) Section 58-67-304 (Effective 07/01/18);
515          (c) Section 58-68-302.5 (Effective 07/01/18); and
516          (d) Section 58-68-304 (Effective 07/01/18).