1     
PHYSICIAN ASSISTANT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to practice as a physician assistant.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the Insect Infestation Emergency Control Act to allow a physician assistant
13     to sign an affidavit stating that a planned treatment for controlling an insect
14     infestation emergency is a danger to the health of the owner or occupant of a
15     property;
16          ▸     amends the Residential, Vocational and Life Skills Program Act to allow a
17     physician assistant to grant certain clearances;
18          ▸     amends the Professional Corporation Act's definition of "professional service" to
19     include a personal service rendered by a physician assistant;
20          ▸     amends the Election Code to allow a physician assistant to certify that a party's
21     candidate has acquired a physical or mental disability;
22          ▸     amends the Wildlife Resources Code of Utah to allow a physician assistant to make
23     certain certifications with respect to licenses, certificates, or permits;
24          ▸     amends the Utah Vital Statistics Act to allow a physician assistant to complete and
25     file a birth certificate for a live birth that occurs outside a birthing facility;
26          ▸     amends the Utah Medical Examiner Act to:
27               •     include the death of a person who has not been seen by a physician assistant in
28     the definition of an "unattended death";

29               •     allow a physician assistant to certify cause of death in certain instances; and
30               •     require the state medical examiner to provide a copy of a final report of
31     examination to a physician assistant, upon written request by the physician
32     assistant;
33          ▸     amends the Utah Communicable Disease Control Act to include a physician
34     assistant among those:
35               •     from whom the Department of Health suggests a person should seek screening
36     for a sexually transmitted disease;
37               •     to whom a person with venereal disease is required to report;
38               •     recognized to provide medical care or services to a minor who may be afflicted
39     with a sexually transmitted disease;
40               •     to whom a person may be required by the Department of Health to report at the
41     time of the expiration of the person's term of imprisonment; and
42               •     authorized to take a blood sample from a pregnant or recently delivered woman;
43          ▸     amends the Utah Health Code to include a physician assistant among those who
44     may find that an individual or group is subject to examination, treatment, isolation,
45     or quarantine;
46          ▸     amends the Utah Emergency Medical Services System Act by:
47               •     amending the composition of the Trauma System Advisory Committee within
48     the Department of Health; and
49               •     extending certain immunities to a physician assistant;
50          ▸     amends the composition of certain committees within the Utah Statewide Stroke
51     and Cardiac Registry Act to include physician assistants;
52          ▸     amends the Utah Health Code to include a physician assistant among those whose
53     diagnosis of hearing loss in a child younger than six years old satisfies a
54     requirement for obtaining hearing aids from a program offered by the Department of
55     Health;

56          ▸     amends the Medical Assistance Act to prohibit a pharmacist from altering an
57     outpatient drug therapy prescribed by a physician assistant without the consent of
58     the physician assistant when conducting a prospective drug utilization review;
59          ▸     amends the Revised Uniform Anatomical Gift Act to include a physician assistant
60     who:
61               •     attends a decedent's death and a physician assistant who determines the time of a
62     decedent's death among those who are prohibited from participating in the
63     procedures for removing or transplanting a part from the decedent; and
64               •     is qualified to remove a donated part from the body of a donor among those
65     authorized to remove the part;
66          ▸     amends the Utah Health Data Authority Act definition of "health care provider" to
67     include a physician assistant;
68          ▸     amends the Insurance Code to include certain physician assistants among those from
69     whom an insured may be required by a health insurance policy to select as a primary
70     care provider;
71          ▸     amends the Motor Vehicle Act to include a physician assistant among those who
72     may certify specified information about a person with a disability who is applying
73     for a disability special group license plate, a temporary removable windshield
74     placard, or a removable windshield placard;
75          ▸     amends the Traffic Code to include a physician assistant among those who may
76     administer certain chemical tests or draw blood under certain circumstances;
77          ▸     amends the Motor Vehicle Safety Belt Usage Act to include a physician assistant
78     among those who may provide written verification that an operator or passenger of a
79     motor vehicle is unable to wear a safety belt for physical or medical reasons;
80          ▸     amends the Unincorporated Business Entity Act definition of "professional
81     services" to include a personal service provided by a physician assistant;
82          ▸     amends the Public Employees' Contributory Retirement Act to include a physician

83     assistant among those who may be appointed by the Utah State Retirement Board to conduct
84     certain medical examinations;
85          ▸     amends the Firefighters' Retirement Act to include a physician assistant among
86     those who may make certain evaluations, diagnoses, and recommendations;
87          ▸     amends the Public Employees' Long-Term Disability Act to include a physician
88     assistant among those:
89               •     under whom an eligible employee may receive ongoing care and treatment; and
90               •     who may set forth the limitations of an office-approved rehabilitation program;
91          ▸     amends the Statewide Mutual Aid Act definition of "emergency responder" to
92     include a physician assistant;
93          ▸     amends the Criminal Investigations and Technical Services Act to include a
94     physician assistant among those who may draw a blood sample in a medically
95     acceptable manner;
96          ▸     permits a physician assistant to:
97               •     receive information from a behavioral health information form completed by
98     school personnel at the request of a student's parent;
99               •     be included in a list of health care providers that a school counselor or other
100     mental health professional working within a school system may provide to a
101     parent or guardian;
102               •     permit a student to possess or self-apply certain sunscreens;
103               •     train nonlicensed volunteers to administer glucagon; and
104               •     train a nonlicensed school employee who volunteers to administer a seizure
105     rescue medication;
106          ▸     amends the Public Telecommunications Law to include a physician assistant among
107     those who may certify that a state resident is deaf, hard of hearing, or severely
108     speech impaired;
109          ▸     amends the Division of Occupational and Professional Licensing Act to require the

110     Department of Health to establish certain procedures to authorize the dispensing,
111     administration, or distribution of a vaccine, an antiviral, an antibiotic, or other prescription
112     medication;
113          ▸     amends the Speech-Language Pathology and Audiology Licensing Act to exempt
114     certain physician assistants from the licensing requirement;
115          ▸     amends the Hearing Instrument Specialist Licensing Act to:
116               •     exempt certain physician assistants from the licensing requirement; and
117               •     permit a physician assistant to receive certain referrals and issue certain
118     prescriptions;
119          ▸     amends the Massage Therapy Practice Act to exempt a physician assistant from the
120     licensing requirement;
121          ▸     renames the Physician Assistant Act as the Utah Physician Assistant Act;
122          ▸     amends the Genetic Counselors Licensing Act to exempt certain physician assistants
123     from the licensing requirement;
124          ▸     amends the Utah Human Services Code to permit a physician assistant to take
125     photographs of the areas of trauma visible on a child and, if medically indicated,
126     perform radiological examinations;
127          ▸     amends the Government Records Access and Management Act to include a
128     physician assistant among those to whom a governmental entity shall, under certain
129     conditions , disclose a controlled record upon request;
130          ▸     amends the Pete Suazo Utah Athletic Commission Act to include a physician
131     assistant in certain definitions;
132          ▸     allows a physician assistant to serve on a Children's Justice Center local advisory
133     board or the Advisory Board on Children's Justice;
134          ▸     amends the Utah Criminal Code to specify that certain sexual offenses committed
135     by a "health professional" include offenses committed by a physician assistant;
136          ▸     amends the Utah Code of Criminal Procedure to include a physician assistant

137     among those who may draw blood;
138          ▸     amends the Judicial Code to include physician assistants in certain provisions
139     relating to other health care professionals; and
140          ▸     makes corresponding and other technical amendments.
141     Money Appropriated in this Bill:
142          None
143     Other Special Clauses:
144          None
145     Utah Code Sections Affected:
146     AMENDS:
147          4-35-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
148          13-53-107, as enacted by Laws of Utah 2018, Chapter 252
149          16-11-2, as last amended by Laws of Utah 2011, Chapter 289
150          20A-1-501, as last amended by Laws of Utah 2016, Chapter 16
151          23-19-36, as last amended by Laws of Utah 2011, Chapter 366
152          23-19-38, as last amended by Laws of Utah 2010, Chapter 288
153          26-2-5, as last amended by Laws of Utah 2008, Chapter 3
154          26-4-2, as last amended by Laws of Utah 2018, Chapters 326 and 414
155          26-4-14, as last amended by Laws of Utah 1993, Chapter 38
156          26-4-17, as last amended by Laws of Utah 2018, Chapter 414
157          26-6-3, as last amended by Laws of Utah 2011, Chapter 297
158          26-6-17, as enacted by Laws of Utah 1981, Chapter 126
159          26-6-18, as last amended by Laws of Utah 2011, Chapter 297
160          26-6-19, as enacted by Laws of Utah 1981, Chapter 126
161          26-6-20, as last amended by Laws of Utah 2011, Chapter 297
162          26-6b-5, as last amended by Laws of Utah 2008, Chapter 115
163          26-8a-251, as enacted by Laws of Utah 2000, Chapter 305

164          26-8a-601, as last amended by Laws of Utah 2017, Chapter 326
165          26-8d-104, as enacted by Laws of Utah 2018, Chapter 104
166          26-8d-105, as enacted by Laws of Utah 2018, Chapter 104
167          26-10-11, as last amended by Laws of Utah 2018, Chapter 415
168          26-18-107, as enacted by Laws of Utah 1992, Chapter 273
169          26-21-7, as last amended by Laws of Utah 2011, Chapter 161
170          26-28-114, as last amended by Laws of Utah 2011, Chapter 297
171          26-33a-102, as last amended by Laws of Utah 2016, Chapter 74
172          31A-22-624, as last amended by Laws of Utah 2002, Chapter 308
173          41-1a-420, as last amended by Laws of Utah 2017, Chapter 41
174          41-6a-520, as last amended by Laws of Utah 2018, Chapter 35
175          41-6a-523, as last amended by Laws of Utah 2017, Chapter 326
176          41-6a-1804, as last amended by Laws of Utah 2018, Chapter 113
177          48-1d-102, as enacted by Laws of Utah 2013, Chapter 412
178          48-3a-1101, as enacted by Laws of Utah 2013, Chapter 412
179          49-12-601, as last amended by Laws of Utah 2011, Chapter 366
180          49-16-102, as last amended by Laws of Utah 2017, Chapter 93
181          49-16-602, as last amended by Laws of Utah 2011, Chapter 366
182          49-21-402, as last amended by Laws of Utah 2018, Chapter 185
183          49-21-406, as last amended by Laws of Utah 2015, Chapter 328
184          53-2a-302, as renumbered and amended by Laws of Utah 2013, Chapter 295
185          53-10-405, as last amended by Laws of Utah 2017, Chapter 326
186          53G-9-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
187          53G-9-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
188          53G-9-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
189          53G-9-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
190          54-8b-10, as last amended by Laws of Utah 2017, Chapters 43 and 423

191          58-1-307, as last amended by Laws of Utah 2017, Chapter 326
192          58-41-4, as last amended by Laws of Utah 2018, Chapter 415
193          58-46a-305, as last amended by Laws of Utah 2004, Chapter 90
194          58-46a-502, as last amended by Laws of Utah 2015, Chapter 252
195          58-47b-304, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
196     amended by Coordination Clause, Laws of Utah 2014, Chapter 330
197          58-70a-101, as enacted by Laws of Utah 1997, Chapter 229
198          58-70a-305, as last amended by Laws of Utah 2016, Chapter 238
199          58-75-304, as enacted by Laws of Utah 2001, Chapter 100
200          62A-4a-406, as last amended by Laws of Utah 2008, Chapter 299
201          63G-2-202, as last amended by Laws of Utah 2018, Chapter 270
202          63N-10-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
203          63N-10-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
204          67-5b-105, as last amended by Laws of Utah 2016, Chapter 290
205          67-5b-106, as last amended by Laws of Utah 2016, Chapter 290
206          76-5-406, as last amended by Laws of Utah 2018, Chapter 176
207          77-23-213, as enacted by Laws of Utah 2018, Chapter 35
208          78B-1-137, as renumbered and amended by Laws of Utah 2008, Chapter 3
209          78B-2-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
210          78B-3-403, as last amended by Laws of Utah 2013, Chapter 104
211     

212     Be it enacted by the Legislature of the state of Utah:
213          Section 1. Section 4-35-107 is amended to read:
214          4-35-107. Notice to owner or occupant -- Corrective action required -- Directive
215     issued by department -- Costs -- Owner or occupant may prohibit treatment.
216          (1) The department or an authorized agent of the department shall notify the owner or
217     occupant of the problem and the available alternatives to remedy the problem. The owner or

218     occupant shall take corrective action within 30 days.
219          (2) (a) If the owner or occupant fails to take corrective action under Subsection (1), the
220     department may issue a directive for corrective action which shall be taken within 15 days.
221          (b) If the owner or occupant fails to act within the required time, the department shall
222     take the necessary action.
223          (c) The department may recover costs incurred for controlling an insect infestation
224     emergency from the owner or occupant of the property on whose property corrective action was
225     taken.
226          (3) (a) Owners or occupants of property may prohibit treatment by presenting an
227     affidavit from the owner's or occupant's attending physician or physician assistant to the
228     department which states that the treatment as planned is a danger to the owner's or occupant's
229     health.
230          (b) The department shall provide the owner or occupant with alternatives to treatment
231     which will abate the infestation.
232          Section 2. Section 13-53-107 is amended to read:
233          13-53-107. Participant screening.
234          (1) A residential, vocational and life skills program shall interview and screen all
235     prospective participants for medical prescriptions, physical and mental health history, and
236     recent alcohol or drug use.
237          (2) Unless an individual obtains a medical clearance from a physician or physician
238     assistant, a residential, vocational and life skills program may not have as a participant an
239     individual who:
240          (a) has a recent diagnosis of a mental, social, psychiatric, or psychological illness; or
241          (b) has an active prescription for medication for a mental, social, psychiatric, or
242     psychological illness.
243          (3) A residential, vocational and life skills program may not admit a minor.
244          Section 3. Section 16-11-2 is amended to read:

245          16-11-2. Definitions.
246          As used in this chapter:
247          (1) "Filed" means the division has received and approved, as to form, a document
248     submitted under this chapter, and has marked on the face of the document a stamp or seal
249     indicating the time of day and date of approval, the name of the division, the division director's
250     signature and division seal, or facsimiles of the signature or seal.
251          (2) "Professional corporation" means a corporation organized under this chapter.
252          (3) "Professional service" means the personal service rendered by:
253          (a) a physician, surgeon, or doctor of medicine holding a license under Title 58,
254     Chapter 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of
255     medicine;
256          (b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and
257     Dental Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
258          (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68,
259     Utah Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of
260     osteopathy;
261          (d) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician
262     Assistant Act, and any subsequent laws regulating the practice as a physician assistant;
263          [(d)] (e) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic
264     Physician Practice Act, and any subsequent laws regulating the practice of chiropractics;
265          [(e)] (f) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric
266     Physician Licensing Act, and any subsequent laws regulating the practice of podiatry;
267          [(f)] (g) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry
268     Practice Act, and any subsequent laws regulating the practice of optometry;
269          [(g)] (h) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice
270     Act, and any subsequent laws regulating the practice of veterinary medicine;
271          [(h)] (i) an architect holding a license under Title 58, Chapter 3a, Architects Licensing

272     Act, and any subsequent laws regulating the practice of architecture;
273          [(i)] (j) a public accountant holding a license under Title 58, Chapter 26a, Certified
274     Public Accountant Licensing Act, and any subsequent laws regulating the practice of public
275     accounting;
276          [(j)] (k) a naturopath holding a license under Title 58, Chapter 71, Naturopathic
277     Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
278          [(k)] (l) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice
279     Act, and any subsequent laws regulating the practice of pharmacy;
280          [(l)] (m) an attorney granted the authority to practice law by:
281          (i) the Utah Supreme Court; or
282          (ii) the Supreme Court, other court, agency, instrumentality, or regulating board that
283     licenses or regulates the authority to practice law in any state or territory of the United States
284     other than Utah;
285          [(m)] (n) a professional engineer registered under Title 58, Chapter 22, Professional
286     Engineers and Professional Land Surveyors Licensing Act;
287          [(n)] (o) a principal broker, associate broker, or sales agent holding a license under
288     Title 61, Chapter 2f, Real Estate Licensing and Practices Act, and any subsequent laws
289     regulating the selling, exchanging, purchasing, renting, or leasing of real estate;
290          [(o)] (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist
291     Licensing Act, and any subsequent laws regulating the practice of psychology;
292          [(p)] (q) a clinical or certified social worker holding a license under Title 58, Chapter
293     60, Part 2, Social Worker Licensing Act, and any subsequent laws regulating the practice of
294     social work;
295          [(q)] (r) a physical therapist holding a license under Title 58, Chapter 24b, Physical
296     Therapy Practice Act, and any subsequent laws regulating the practice of physical therapy;
297          [(r)] (s) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58,
298     Chapter 44a, Nurse Midwife Practice Act;

299          [(s)] (t) a landscape architect licensed under Title 58, Chapter 53, Landscape Architects
300     Licensing Act, and any subsequent laws regulating landscape architects; or
301          [(t)] (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real
302     Estate Appraiser Licensing and Certification Act, and any subsequent laws regulating the
303     practice of appraising real estate.
304          (4) "Regulating board" means the board that is charged with the licensing and
305     regulation of the practice of the profession which the professional corporation is organized to
306     render. The definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act,
307     apply to this chapter unless the context clearly indicates that a different meaning is intended.
308          Section 4. Section 20A-1-501 is amended to read:
309          20A-1-501. Candidate vacancies -- Procedure for filling.
310          (1) The state central committee of a political party, for candidates for United States
311     senator, United States representative, governor, lieutenant governor, attorney general, state
312     treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
313     more than one county, and the county central committee of a political party, for all other party
314     candidates seeking an office elected at a regular general election, may certify the name of
315     another candidate to the appropriate election officer if:
316          (a) for a registered political party that will have a candidate on a ballot in a primary
317     election, after the close of the period for filing a declaration of candidacy and continuing
318     through the day before the day on which the lieutenant governor provides the list described in
319     Subsection 20A-9-403(4)(a):
320          (i) only one or two candidates from that party have filed a declaration of candidacy for
321     that office; and
322          (ii) one or both:
323          (A) dies;
324          (B) resigns because of acquiring a physical or mental disability, certified by a physician
325     or physician assistant, that prevents the candidate from continuing the candidacy; or

326          (C) is disqualified by an election officer for improper filing or nominating procedures;
327          (b) for a registered political party that does not have a candidate on the ballot in a
328     primary, but that will have a candidate on the ballot for a general election, after the close of the
329     period for filing a declaration of candidacy and continuing through the day before the day on
330     which the lieutenant governor makes the certification described in Section 20A-5-409, the
331     party's candidate:
332          (i) dies;
333          (ii) resigns because of acquiring a physical or mental disability as certified by a
334     physician or physician assistant;
335          (iii) is disqualified by an election officer for improper filing or nominating procedures;
336     or
337          (iv) resigns to become a candidate for president or vice president of the United States;
338     or
339          (c) for a registered political party with a candidate certified as winning a primary
340     election, after the deadline described in Subsection (1)(a) and continuing through the day
341     before that day on which the lieutenant governor makes the certification described in Section
342     20A-5-409, the party's candidate:
343          (i) dies;
344          (ii) resigns because of acquiring a physical or mental disability as certified by a
345     physician or physician assistant;
346          (iii) is disqualified by an election officer for improper filing or nominating procedures;
347     or
348          (iv) resigns to become a candidate for president or vice president of the United States.
349          (2) If no more than two candidates from a political party have filed a declaration of
350     candidacy for an office elected at a regular general election and one resigns to become the party
351     candidate for another position, the state central committee of that political party, for candidates
352     for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for

353     legislative candidates whose legislative districts encompass more than one county, and the
354     county central committee of that political party, for all other party candidates, may certify the
355     name of another candidate to the appropriate election officer.
356          (3) Each replacement candidate shall file a declaration of candidacy as required by
357     Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
358          (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
359     deadline described in Subsection (1)(a) may not appear on the primary election ballot.
360          (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
361     described in Subsection (1)(b) may not appear on the general election ballot.
362          (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
363     described in Subsection (1)(c) may not appear on the general election ballot.
364          (5) A political party may not replace a candidate who is disqualified for failure to
365     timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and
366     Financial Reporting Requirements, or Section 17-16-6.5.
367          Section 5. Section 23-19-36 is amended to read:
368          23-19-36. Persons with a physical or intellectual disability, terminally ill persons,
369     and children in the custody of the state -- License to fish for free.
370          (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
371     be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
372     lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
373     fact to the Division of Wildlife Resources.
374          (2) A resident who has an intellectual disability and is not eligible under Section
375     23-19-14 to fish without a license may receive a free license to fish upon furnishing
376     verification from a physician or physician assistant that the person has an intellectual disability.
377          (3) A resident who is terminally ill, and has less than five years to live, may receive a
378     free license to fish:
379          (a) upon furnishing verification from a physician or physician assistant; and

380          (b) if the resident qualifies for assistance under any low income public assistance
381     program administered by a state agency.
382          (4) A child placed in the custody of the state by a court order may receive a free fishing
383     license upon furnishing verification of custody to the Division of Wildlife Resources.
384          Section 6. Section 23-19-38 is amended to read:
385          23-19-38. Sales of licenses, certificates, or permits final -- Exceptions --
386     Reallocation of surrendered permits.
387          (1) Sales of all licenses, certificates, or permits are final, and no refunds may be made
388     by the division except as provided in Subsections (2) and (3).
389          (2) The division may refund the amount of the license, certificate, or permit if:
390          (a) the division or the Wildlife Board discontinues the activity for which the license,
391     certificate, or permit was obtained;
392          (b) the division determines that it has erroneously collected a fee;
393          (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
394     suffers an injury that precludes the person from using the license, certificate, or permit;
395          (ii) the person furnishes verification of illness or injury from a physician or physician
396     assistant;
397          (iii) the person does not actually use the license, certificate, or permit; and
398          (iv) the license, certificate, or permit is surrendered before the end of the season for
399     which the permit was issued; or
400          (d) the person to whom the license, certificate, or permit is issued dies prior to the
401     person being able to use the license, certificate, or permit.
402          (3) The Wildlife Board may establish additional exceptions in rule to the refund
403     prohibitions in Subsection (1).
404          (4) The division director may reallocate surrendered permits in accordance with rules
405     adopted by the Wildlife Board.
406          Section 7. Section 26-2-5 is amended to read:

407          26-2-5. Birth certificates -- Execution and registration requirements.
408          (1) As used in this section, "birthing facility" means a general acute hospital or birthing
409     center as defined in Section 26-21-2.
410          (2) For each live birth occurring in the state, a certificate shall be filed with the local
411     registrar for the district in which the birth occurred within 10 days following the birth. The
412     certificate shall be registered if it is completed and filed in accordance with this chapter.
413          (3) (a) For each live birth that occurs in a birthing facility, the administrator of the
414     birthing facility, or his designee, shall obtain and enter the information required under this
415     chapter on the certificate, securing the required signatures, and filing the certificate.
416          (b) (i) The date, time, place of birth, and required medical information shall be certified
417     by the birthing facility administrator or his designee.
418          (ii) The attending physician or nurse midwife may sign the certificate, but if the
419     attending physician or nurse midwife has not signed the certificate within seven days of the
420     date of birth, the birthing facility administrator or his designee shall enter the attending
421     physician's or nurse midwife's name and transmit the certificate to the local registrar.
422          (iii) The information on the certificate about the parents shall be provided and certified
423     by the mother or father or, in their incapacity or absence, by a person with knowledge of the
424     facts.
425          (4) (a) For live births that occur outside a birthing facility, the birth certificate shall be
426     completed and filed by the physician, physician assistant, nurse, midwife, or other person
427     primarily responsible for providing assistance to the mother at the birth. If there is no such
428     person, either the presumed or declarant father shall complete and file the certificate. In his
429     absence, the mother shall complete and file the certificate, and in the event of her death or
430     disability, the owner or operator of the premises where the birth occurred shall do so.
431          (b) The certificate shall be completed as fully as possible and shall include the date,
432     time, and place of birth, the mother's name, and the signature of the person completing the
433     certificate.

434          (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
435     administrator or director of that facility, or his designee, shall:
436          (i) provide the birth mother and declarant father, if present, with:
437          (A) a voluntary declaration of paternity form published by the state registrar;
438          (B) oral and written notice to the birth mother and declarant father of the alternatives
439     to, the legal consequences of, and the rights and responsibilities that arise from signing the
440     declaration; and
441          (C) the opportunity to sign the declaration;
442          (ii) witness the signature of a birth mother or declarant father in accordance with
443     Section 78B-15-302 if the signature occurs at the facility;
444          (iii) enter the declarant father's information on the original birth certificate, but only if
445     the mother and declarant father have signed a voluntary declaration of paternity or a court or
446     administrative agency has issued an adjudication of paternity; and
447          (iv) file the completed declaration with the original birth certificate.
448          (b) If there is a presumed father, the voluntary declaration will only be valid if the
449     presumed father also signs the voluntary declaration.
450          (c) The state registrar shall file the information provided on the voluntary declaration
451     of paternity form with the original birth certificate and may provide certified copies of the
452     declaration of paternity as otherwise provided under Title 78B, Chapter 15, Utah Uniform
453     Parentage Act.
454          (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
455     a description of the process for filing a voluntary declaration of paternity, and of the rights and
456     responsibilities established or effected by that filing, in accordance with Title 78B, Chapter 15,
457     Utah Uniform Parentage Act.
458          (b) Information regarding the form and services related to voluntary paternity
459     establishment shall be made available to birthing facilities and to any other entity or individual
460     upon request.

461          (7) The name of a declarant father may only be included on the birth certificate of a
462     child of unmarried parents if:
463          (a) the mother and declarant father have signed a voluntary declaration of paternity; or
464          (b) a court or administrative agency has issued an adjudication of paternity.
465          (8) Voluntary declarations of paternity, adjudications of paternity by judicial or
466     administrative agencies, and voluntary rescissions of paternity shall be filed with and
467     maintained by the state registrar for the purpose of comparing information with the state case
468     registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104.
469          Section 8. Section 26-4-2 is amended to read:
470          26-4-2. Definitions.
471          As used in this chapter:
472          (1) "Dead body" is as defined in Section 26-2-2.
473          (2) "Death by violence" means death that resulted by the decedent's exposure to
474     physical, mechanical, or chemical forces, and includes death which appears to have been due to
475     homicide, death which occurred during or in an attempt to commit rape, mayhem, kidnapping,
476     robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence,
477     assault with a dangerous weapon, assault with intent to commit any offense punishable by
478     imprisonment for more than one year, arson punishable by imprisonment for more than one
479     year, or any attempt to commit any of the foregoing offenses.
480          (3) "Immediate relative" means an individual's spouse, child, parent, sibling,
481     grandparent, or grandchild.
482          (4) "Medical examiner" means the state medical examiner appointed pursuant to
483     Section 26-4-4 or a deputy appointed by the medical examiner.
484          (5) "Medical examiner record" means:
485          (a) all information that the medical examiner obtains regarding a decedent; and
486          (b) reports that the medical examiner makes regarding a decedent.
487          (6) "Regional pathologist" means a trained pathologist licensed to practice medicine

488     and surgery in the state, appointed by the medical examiner pursuant to Subsection 26-4-4(3).
489          (7) "Sudden death while in apparent good health" means apparently instantaneous
490     death without obvious natural cause, death during or following an unexplained syncope or
491     coma, or death during an acute or unexplained rapidly fatal illness.
492          (8) "Sudden infant death syndrome" means the death of a child who was thought to be
493     in good health or whose terminal illness appeared to be so mild that the possibility of a fatal
494     outcome was not anticipated.
495          (9) "Suicide" means death caused by an intentional and voluntary act of a person who
496     understands the physical nature of the act and intends by such act to accomplish
497     self-destruction.
498          (10) "Unattended death" means the death of a person who has not been seen by a
499     physician or physician assistant within the scope of the physician's or physician assistant's
500     professional capacity within 30 days immediately prior to the date of death. This definition
501     does not require an investigation, autopsy, or inquest in any case where death occurred without
502     medical attendance solely because the deceased was under treatment by prayer or spiritual
503     means alone in accordance with the tenets and practices of a well-recognized church or
504     religious denomination.
505          (11) (a) "Unavailable for postmortem investigation" means that a dead body is:
506          (i) transported out of state;
507          (ii) buried at sea;
508          (iii) cremated;
509          (iv) processed by alkaline hydrolysis; or
510          (v) otherwise made unavailable to the medical examiner for postmortem investigation
511     or autopsy.
512          (b) "Unavailable for postmortem investigation" does not include embalming or burial
513     of a dead body pursuant to the requirements of law.
514          (12) "Within the scope of the decedent's employment" means all acts reasonably

515     necessary or incident to the performance of work, including matters of personal convenience
516     and comfort not in conflict with specific instructions.
517          Section 9. Section 26-4-14 is amended to read:
518          26-4-14. Certification of death by attending physician or physician assistant --
519     Deaths without medical attendance -- Cause of death uncertain -- Notice requirements.
520          The physician or physician assistant in attendance at the last illness of a deceased
521     person who, in the judgment of the physician or physician assistant, does not appear to have
522     died in a manner described in Section 26-4-7, shall certify the cause of death to his best
523     knowledge and belief. When there is no physician or physician assistant in attendance during
524     the last illness or when an attending physician or physician assistant is unable to determine
525     with reasonable certainty the cause of death, the physician, physician assistant, or person with
526     custody of the body shall so notify the medical examiner. If the medical examiner has reason to
527     believe there may be criminal responsibility for the death, he shall notify the district attorney or
528     county attorney having criminal jurisdiction or the head of the law enforcement agency having
529     jurisdiction to make further investigation of the death.
530          Section 10. Section 26-4-17 is amended to read:
531          26-4-17. Records of medical examiner -- Confidentiality.
532          (1) The medical examiner shall maintain complete, original records for the medical
533     examiner record, which shall:
534          (a) be properly indexed, giving the name, if known, or otherwise identifying every
535     individual whose death is investigated;
536          (b) indicate the place where the body was found;
537          (c) indicate the date of death;
538          (d) indicate the cause and manner of death;
539          (e) indicate the occupation of the decedent, if available;
540          (f) include all other relevant information concerning the death; and
541          (g) include a full report and detailed findings of the autopsy or report of the

542     investigation.
543          (2) Upon written request from an individual described in Subsections (2)(a) through
544     (d), the medical examiner shall provide a copy of the medical examiner's final report of
545     examination for the decedent, including the autopsy report, toxicology report, lab reports, and
546     investigative reports to:
547          (a) a decedent's immediate relative;
548          (b) a decedent's legal representative;
549          (c) a physician or physician assistant who attended the decedent during the year before
550     the decedent's death; or
551          (d) as necessary for the performance of the individual's professional duties, a county
552     attorney, a district attorney, a criminal defense attorney, or other law enforcement official with
553     jurisdiction.
554          (3) Reports provided under Subsection (2) may not include records that the medical
555     examiner obtains from a third party in the course of investigating the decedent's death.
556          (4) The medical examiner may provide a medical examiner record to a researcher who:
557          (a) has an advanced degree;
558          (b) (i) is affiliated with an accredited college or university, a hospital, or another
559     system of care, including an emergency medical response or a local health agency; or
560          (ii) is part of a research firm contracted with an accredited college or university, a
561     hospital, or another system of care;
562          (c) requests a medical examiner record for a research project or a quality improvement
563     initiative that will have a public health benefit, as determined by the Department of Health; and
564          (d) provides to the medical examiner an approval from:
565          (i) the researcher's sponsoring organization; and
566          (ii) the Utah Department of Health Institutional Review Board.
567          (5) Records provided under Subsection (4) may not include a third party record, unless:
568          (a) a court has ordered disclosure of the third party record; and

569          (b) disclosure is conducted in compliance with state and federal law.
570          (6) A person who obtains a medical examiner record under Subsection (4) shall:
571          (a) maintain the confidentiality of the medical examiner record by removing personally
572     identifying information about a decedent or the decedent's family and any other information
573     that may be used to identify a decedent before using the medical examiner record in research;
574          (b) conduct any research within and under the supervision of the Office of the Medical
575     Examiner, if the medical examiner record contains a third party record with personally
576     identifiable information;
577          (c) limit the use of a medical examiner record to the purpose for which the person
578     requested the medical examiner record;
579          (d) destroy a medical examiner record and the data abstracted from the medical
580     examiner record at the conclusion of the research for which the person requested the medical
581     examiner record;
582          (e) reimburse the medical examiner, as provided in Section 26-1-6, for any costs
583     incurred by the medical examiner in providing a medical examiner record;
584          (f) allow the medical examiner to review, before public release, a publication in which
585     data from a medical examiner record is referenced or analyzed; and
586          (g) provide the medical examiner access to the researcher's database containing data
587     from a medical examiner record, until the day on which the researcher permanently destroys
588     the medical examiner record and all data obtained from the medical examiner record.
589          (7) Except as provided in this chapter or ordered by a court, the medical examiner may
590     not disclose any part of a medical examiner record.
591          (8) A person who obtains a medical examiner record under Subsection (4) is guilty of a
592     class B misdemeanor, if the person fails to comply with the requirements of Subsections (6)(a)
593     through (d).
594          Section 11. Section 26-6-3 is amended to read:
595          26-6-3. Authority to investigate and control epidemic infections and

596     communicable disease.
597          (1) The department has authority to investigate and control the causes of epidemic
598     infections and communicable disease, and shall provide for the detection, reporting,
599     prevention, and control of communicable diseases and epidemic infections or any other health
600     hazard which may affect the public health.
601          (2) (a) As part of the requirements of Subsection (1), the department shall distribute to
602     the public and to health care professionals:
603          (i) medically accurate information about sexually transmitted diseases that may cause
604     infertility and sterility if left untreated, including descriptions of:
605          (A) the probable side effects resulting from an untreated sexually transmitted disease,
606     including infertility and sterility;
607          (B) medically accepted treatment for sexually transmitted diseases;
608          (C) the medical risks commonly associated with the medical treatment of sexually
609     transmitted diseases; and
610          (D) [suggest] suggested screening by a private physician or physician assistant; and
611          (ii) information about:
612          (A) public services and agencies available to assist individuals with obtaining
613     treatment for the sexually transmitted disease;
614          (B) medical assistance benefits that may be available to the individual with the
615     sexually transmitted disease; and
616          (C) abstinence before marriage and fidelity after marriage being the surest prevention
617     of sexually transmitted disease.
618          (b) The information required by Subsection (2)(a):
619          (i) shall be distributed by the department and by local health departments free of
620     charge;
621          (ii) shall be relevant to the geographic location in which the information is distributed
622     by:

623          (A) listing addresses and telephone numbers for public clinics and agencies providing
624     services in the geographic area in which the information is distributed; and
625          (B) providing the information in English as well as other languages that may be
626     appropriate for the geographic area.
627          (c) (i) Except as provided in Subsection (2)(c)(ii), the department shall develop written
628     material that includes the information required by this Subsection (2).
629          (ii) In addition to the written materials required by Subsection (2)(c)(i), the department
630     may distribute the information required by this Subsection (2) by any other methods the
631     department determines is appropriate to educate the public, excluding public schools, including
632     websites, toll free telephone numbers, and the media.
633          (iii) If the information required by Subsection (2)(b)(ii)(A) is not included in the
634     written pamphlet developed by the department, the written material shall include either a
635     website, or a 24-hour toll free telephone number that the public may use to obtain that
636     information.
637          Section 12. Section 26-6-17 is amended to read:
638          26-6-17. Venereal disease -- Examinations by authorities -- Treatment of infected
639     persons.
640          State, county, and municipal health officers within their respective jurisdictions may
641     make examinations of persons reasonably suspected of being infected with venereal disease.
642     Persons infected with venereal disease shall be required to report for treatment to either a
643     reputable physician or physician assistant and continue treatment until cured or to submit to
644     treatment provided at public expense until cured.
645          Section 13. Section 26-6-18 is amended to read:
646          26-6-18. Venereal disease -- Consent of minor to treatment.
647          (1) A consent to medical care or services by a hospital or public clinic or the
648     performance of medical care or services by a licensed physician or physician assistant executed
649     by a minor who is or professes to be afflicted with a sexually transmitted disease, shall have the

650     same legal effect upon the minor and the same legal obligations with regard to the giving of
651     consent as a consent given by a person of full legal age and capacity, the infancy of the minor
652     and any contrary provision of law notwithstanding.
653          (2) The consent of the minor is not subject to later disaffirmance by reason of minority
654     at the time it was given and the consent of no other person or persons shall be necessary to
655     authorize hospital or clinical care or services to be provided to the minor by a licensed
656     physician or physician assistant.
657          (3) The provisions of this section shall apply also to minors who profess to be in need
658     of hospital or clinical care and services or medical care or services provided by a physician or
659     physician assistant for suspected sexually transmitted disease, regardless of whether such
660     professed suspicions are subsequently substantiated on a medical basis.
661          Section 14. Section 26-6-19 is amended to read:
662          26-6-19. Venereal disease -- Examination and treatment of persons in prison or
663     jail.
664          (1) All persons confined in any state, county, or city prison or jail shall be examined,
665     and if infected, treated for venereal diseases by the health authorities. The prison authorities of
666     every state, county, or city prison or jail shall make available to the health authorities such
667     portion of the prison or jail as may be necessary for a clinic or hospital wherein all persons
668     suffering with venereal disease at the time of the expiration of their terms of imprisonment,
669     shall be isolated and treated at public expense until cured.
670          (2) The department may require persons suffering with venereal disease at the time of
671     the expiration of their terms of imprisonment to report for treatment to a licensed physician or
672     physician assistant or submit to treatment provided at public expense in lieu of isolation.
673     Nothing in this section shall interfere with the service of any sentence imposed by a court as a
674     punishment for the commission of crime.
675          Section 15. Section 26-6-20 is amended to read:
676          26-6-20. Serological testing of pregnant or recently delivered women.

677          (1) Every licensed physician and surgeon attending a pregnant or recently delivered
678     woman for conditions relating to her pregnancy shall take or cause to be taken a sample of
679     blood of the woman at the time of first examination or within 10 days thereafter. The blood
680     sample shall be submitted to an approved laboratory for a standard serological test for syphilis.
681     The provisions of this section do not apply to any female who objects thereto on the grounds
682     that she is a bona fide member of a specified, well recognized religious organization whose
683     teachings are contrary to the tests.
684          (2) Every other person attending a pregnant or recently delivered woman, who is not
685     permitted by law to take blood samples, shall within 10 days from the time of first attendance
686     cause a sample of blood to be taken by a licensed physician or physician assistant. The blood
687     sample shall be submitted to an approved laboratory for a standard serological test for syphilis.
688          (3) An approved laboratory is a laboratory approved by the department according to its
689     rules governing the approval of laboratories for the purpose of this title. In submitting the
690     sample to the laboratory the physician or physician assistant shall designate whether it is a
691     prenatal test or a test following recent delivery.
692          (4) For the purpose of this chapter, a "standard serological test" means a test for
693     syphilis approved by the department and made at an approved laboratory.
694          (5) The laboratory shall transmit a detailed report of the standard serological test,
695     showing the result thereof to the physician or physician assistant.
696          Section 16. Section 26-6b-5 is amended to read:
697          26-6b-5. Petition for judicial review of order of restriction -- Court-ordered
698     examination period.
699          (1) (a) A department may petition for a judicial review of the department's order of
700     restriction for an individual or group of individuals who are subject to restriction by filing a
701     written petition with the district court of the county in which the individual or group of
702     individuals reside or are located.
703          (b) (i) The county attorney for the county where the individual or group of individuals

704     reside or are located shall represent the local health department in any proceedings under this
705     chapter.
706          (ii) The Office of the Attorney General shall represent the department when the
707     petitioner is the Department of Health in any proceedings under this chapter.
708          (2) The petition under Subsection (1) shall be accompanied by:
709          (a) written affidavit of the department stating:
710          (i) a belief the individual or group of individuals are subject to restriction;
711          (ii) a belief that the individual or group of individuals who are subject to restriction are
712     likely to fail to submit to examination, treatment, quarantine, or isolation if not immediately
713     restrained;
714          (iii) this failure would pose a threat to the public health; and
715          (iv) the personal knowledge of the individual's or group of individuals' condition or the
716     circumstances that lead to that belief; and
717          (b) a written statement by a licensed physician or physician assistant indicating the
718     physician or physician assistant finds the individual or group of individuals are subject to
719     restriction.
720          (3) The court shall issue an order of restriction requiring the individual or group of
721     individuals to submit to involuntary restriction to protect the public health if the district court
722     finds:
723          (a) there is a reasonable basis to believe that the individual's or group of individuals'
724     condition requires involuntary examination, quarantine, treatment, or isolation pending
725     examination and hearing; or
726          (b) the individual or group of individuals have refused to submit to examination by a
727     health professional as directed by the department or to voluntarily submit to examination,
728     treatment, quarantine, or isolation.
729          (4) If the individual or group of individuals who are subject to restriction are not in
730     custody, the court may make its determination and issue its order of restriction in an ex parte

731     hearing.
732          (5) At least 24 hours prior to the hearing required by Section 26-6b-6, the department
733     which is the petitioner, shall report to the court, in writing, the opinion of qualified health care
734     providers:
735          (a) regarding whether the individual or group of individuals are infected by or
736     contaminated with:
737          (i) a communicable or possible communicable disease that poses a threat to public
738     health;
739          (ii) an infectious agent or possibly infectious agent that poses a threat to public health;
740          (iii) a chemical or biological agent that poses a threat to public health; or
741          (iv) a condition that poses a threat to public health;
742          (b) that despite the exercise of reasonable diligence, the diagnostic studies have not
743     been completed;
744          (c) whether the individual or group of individuals have agreed to voluntarily comply
745     with necessary examination, treatment, quarantine, or isolation; and
746          (d) whether the petitioner believes the individual or group of individuals will comply
747     without court proceedings.
748          Section 17. Section 26-8a-251 is amended to read:
749          26-8a-251. Trauma system advisory committee.
750          (1) There is created within the department the trauma system advisory committee.
751          (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
752     pediatric trauma care, including physicians, physician assistants, nurses, hospital
753     administrators, emergency medical services personnel, government officials, consumers, and
754     persons affiliated with professional health care associations.
755          (b) Representation on the committee shall be broad and balanced among the health care
756     delivery systems in the state with no more than three representatives coming from any single
757     delivery system.

758          (3) The committee shall:
759          (a) advise the department regarding trauma system needs throughout the state;
760          (b) assist the department in evaluating the quality and outcomes of the overall trauma
761     system;
762          (c) review and comment on proposals and rules governing the statewide trauma
763     system; and
764          (d) make recommendations for the development of statewide triage, treatment,
765     transportation, and transfer guidelines.
766          (4) The department shall:
767          (a) determine, by rule, the term and causes for removal of committee members;
768          (b) establish committee procedures and administration policies consistent with this
769     chapter and department rule; and
770          (c) provide administrative support to the committee.
771          Section 18. Section 26-8a-601 is amended to read:
772          26-8a-601. Persons and activities exempt from civil liability.
773          (1) (a) Except as provided in Subsection (1)(b), a licensed physician, physician's
774     assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written
775     instructions to any of the following is not liable for any civil damages as a result of issuing the
776     instructions:
777          (i) an individual licensed under Section 26-8a-302;
778          (ii) a person who uses a fully automated external defibrillator, as defined in Section
779     26-8b-102; or
780          (iii) a person who administers CPR, as defined in Section 26-8b-102.
781          (b) The liability protection described in Subsection (1)(a) does not apply if the
782     instructions given were the result of gross negligence or willful misconduct.
783          (2) An individual licensed under Section 26-8a-302, during either training or after
784     licensure, a licensed physician, a [physician's] physician assistant, or a registered nurse who,

785     gratuitously and in good faith, provides emergency medical instructions or renders emergency
786     medical care authorized by this chapter is not liable for any civil damages as a result of any act
787     or omission in providing the emergency medical instructions or medical care, unless the act or
788     omission is the result of gross negligence or willful misconduct.
789          (3) An individual licensed under Section 26-8a-302 is not subject to civil liability for
790     failure to obtain consent in rendering emergency medical services authorized by this chapter to
791     any individual who is unable to give his consent, regardless of the individual's age, where there
792     is no other person present legally authorized to consent to emergency medical care, provided
793     that the licensed individual acted in good faith.
794          (4) A principal, agent, contractor, employee, or representative of an agency,
795     organization, institution, corporation, or entity of state or local government that sponsors,
796     authorizes, supports, finances, or supervises any functions of an individual licensed under
797     Section 26-8a-302 is not liable for any civil damages for any act or omission in connection with
798     such sponsorship, authorization, support, finance, or supervision of the licensed individual
799     where the act or omission occurs in connection with the licensed individual's training or occurs
800     outside a hospital where the life of a patient is in immediate danger, unless the act or omission
801     is inconsistent with the training of the licensed individual, and unless the act or omission is the
802     result of gross negligence or willful misconduct.
803          (5) A physician or physician assistant who gratuitously and in good faith arranges for,
804     requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit
805     in another hospital is not liable for any civil damages as a result of such transfer where:
806          (a) sound medical judgment indicates that the patient's medical condition is beyond the
807     care capability of the transferring hospital or the medical community in which that hospital is
808     located; and
809          (b) the physician or physician assistant has secured an agreement from the receiving
810     facility to accept and render necessary treatment to the patient.
811          (6) A person who is a registered member of the National Ski Patrol System (NSPS) or

812     a member of a ski patrol who has completed a course in winter emergency care offered by the
813     NSPS combined with CPR for medical technicians offered by the American Red Cross or
814     American Heart Association, or an equivalent course of instruction, and who in good faith
815     renders emergency care in the course of ski patrol duties is not liable for civil damages as a
816     result of any act or omission in rendering the emergency care, unless the act or omission is the
817     result of gross negligence or willful misconduct.
818          (7) An emergency medical service provider who, in good faith, transports an individual
819     against his will but at the direction of a law enforcement officer pursuant to Section
820     62A-15-629 is not liable for civil damages for transporting the individual.
821          Section 19. Section 26-8d-104 is amended to read:
822          26-8d-104. Stroke registry advisory committee.
823          (1) There is created within the department a stroke registry advisory committee.
824          (2) The stroke registry advisory committee created in Subsection (1) shall:
825          (a) be composed of individuals knowledgeable in adult and pediatric stroke care,
826     including physicians, physician assistants, nurses, hospital administrators, emergency medical
827     services personnel, government officials, consumers, and persons affiliated with professional
828     health care associations;
829          (b) advise the department regarding the development and implementation of the stroke
830     registry;
831          (c) assist the department in evaluating the quality and outcomes of the stroke registry;
832     and
833          (d) review and comment on proposals and rules governing the statewide stroke registry.
834          Section 20. Section 26-8d-105 is amended to read:
835          26-8d-105. Cardiac registry advisory committee.
836          (1) There is created within the department a cardiac registry advisory committee.
837          (2) The cardiac registry advisory committee created in Subsection (1) shall:
838          (a) be composed of individuals knowledgeable in adult and pediatric cardiac care,

839     including physicians, physician assistants, nurses, hospital administrators, emergency medical
840     services personnel, government officials, consumers, and persons affiliated with professional
841     health care associations;
842          (b) advise the department regarding the development and implementation of the
843     cardiac registry;
844          (c) assist the department in evaluating the quality and outcomes of the cardiac registry;
845     and
846          (d) review and comment on proposals and rules governing the statewide cardiac
847     registry.
848          Section 21. Section 26-10-11 is amended to read:
849          26-10-11. Children's Hearing Aid Program.
850          (1) The department shall offer a program to provide hearing aids to children who
851     qualify under this section.
852          (2) The department shall provide hearing aids to a child who:
853          (a) is younger than six years old;
854          (b) is a resident of Utah;
855          (c) has been diagnosed with hearing loss by:
856          (i) an audiologist with pediatric expertise; and
857          (ii) a physician or physician assistant;
858          (d) provides documentation from an audiologist with pediatric expertise certifying that
859     the child needs hearing aids;
860          (e) has obtained medical clearance by a medical provider for hearing aid fitting;
861          (f) does not qualify to receive a contribution that equals the full cost of a hearing aid
862     from the state's Medicaid program or the Utah Children's Health Insurance Program; and
863          (g) meets the financial need qualification criteria established by the department by rule,
864     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
865     participation in the program.

866          (3) (a) There is established the Children's Hearing Aid Advisory Committee.
867          (b) The committee shall be composed of five members appointed by the executive
868     director, and shall include:
869          (i) one audiologist with pediatric expertise;
870          (ii) one speech language pathologist;
871          (iii) one teacher, certified under Title 53E, Public Education System -- State
872     Administration, as a teacher of the deaf or a listening and spoken language therapist;
873          (iv) one ear, nose, and throat specialist; and
874          (v) one parent whose child:
875          (A) is six years old or older; and
876          (B) has hearing loss.
877          (c) A majority of the members constitutes a quorum.
878          (d) A vote of the majority of the members, with a quorum present, constitutes an action
879     of the committee.
880          (e) The committee shall elect a chair from its members.
881          (f) The committee shall:
882          (i) meet at least quarterly;
883          (ii) recommend to the department medical criteria and procedures for selecting children
884     who may qualify for assistance from the account; and
885          (iii) review rules developed by the department.
886          (g) A member may not receive compensation or benefits for the member's service, but
887     may receive per diem and travel expenses in accordance with Sections 63A-3-106 and
888     63A-3-107 and rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
889     63A-3-107.
890          (h) The department shall provide staff to the committee.
891          (4) (a) There is created within the General Fund a restricted account known as the
892     "Children's Hearing Aid Program Restricted Account."

893          (b) The Children's Hearing Aid Program Restricted Account shall consist of:
894          (i) amounts appropriated to the account by the Legislature; and
895          (ii) gifts, grants, devises, donations, and bequests of real property, personal property, or
896     services, from any source, or any other conveyance that may be made to the account from
897     private sources.
898          (c) Upon appropriation, all actual and necessary operating expenses for the committee
899     described in Subsection (3) shall be paid by the account.
900          (d) Upon appropriation, no more than 9% of the account money may be used for the
901     department's expenses.
902          (e) If this account is repealed in accordance with Section 63I-1-226, any remaining
903     assets in the account shall be deposited into the General Fund.
904          (5) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
905     Administrative Rulemaking Act, to establish procedures for:
906          (a) identifying the children who are financially eligible to receive services under the
907     program; and
908          (b) reviewing and paying for services provided to a child under the program.
909          (6) The department shall, before December 1 of each year, submit a report to the
910     Health and Human Services Interim Committee that describes the operation and
911     accomplishments of the program.
912          Section 22. Section 26-18-107 is amended to read:
913          26-18-107. Retrospective and prospective DUR.
914          (1) The board, in cooperation with the division, shall include in its state plan the
915     creation and implementation of a retrospective and prospective DUR program for Medicaid
916     outpatient drugs to ensure that prescriptions are appropriate, medically necessary, and not likely
917     to result in adverse medical outcomes.
918          (2) The retrospective and prospective DUR program shall be operated under guidelines
919     established by the board under Subsections (3) and (4).

920          (3) The retrospective DUR program shall be based on guidelines established by the
921     board, using the mechanized drug claims processing and information retrieval system to
922     analyze claims data in order to:
923          (a) identify patterns of fraud, abuse, gross overuse, and inappropriate or medically
924     unnecessary care; and
925          (b) assess data on drug use against explicit predetermined standards that are based on
926     the compendia and other sources for the purpose of monitoring:
927          (i) therapeutic appropriateness;
928          (ii) overutilization or underutilization;
929          (iii) therapeutic duplication;
930          (iv) drug-disease contraindications;
931          (v) drug-drug interactions;
932          (vi) incorrect drug dosage or duration of drug treatment; and
933          (vii) clinical abuse and misuse.
934          (4) The prospective DUR program shall be based on guidelines established by the
935     board and shall provide that, before a prescription is filled or delivered, a review will be
936     conducted by the pharmacist at the point of sale to screen for potential drug therapy problems
937     resulting from:
938          (a) therapeutic duplication;
939          (b) drug-drug interactions;
940          (c) incorrect dosage or duration of treatment;
941          (d) drug-allergy interactions; and
942          (e) clinical abuse or misuse.
943          (5) In conducting the prospective DUR, a pharmacist may not alter the prescribed
944     outpatient drug therapy without the consent of the prescribing physician or physician assistant.
945     This section does not effect the ability of a pharmacist to substitute a generic equivalent.
946          Section 23. Section 26-21-7 is amended to read:

947          26-21-7. Exempt facilities.
948          This chapter does not apply to:
949          (1) a dispensary or first aid facility maintained by any commercial or industrial plant,
950     educational institution, or convent;
951          (2) a health care facility owned or operated by an agency of the United States;
952          (3) the office of a physician, physician assistant, or dentist whether it is an individual
953     or group practice, except that it does apply to an abortion clinic;
954          (4) a health care facility established or operated by any recognized church or
955     denomination for the practice of religious tenets administered by mental or spiritual means
956     without the use of drugs, whether gratuitously or for compensation, if it complies with statutes
957     and rules on environmental protection and life safety;
958          (5) any health care facility owned or operated by the Department of Corrections,
959     created in Section 64-13-2; and
960          (6) a residential facility providing 24-hour care:
961          (a) that does not employ direct care staff;
962          (b) in which the residents of the facility contract with a licensed hospice agency to
963     receive end-of-life medical care; and
964          (c) that meets other requirements for an exemption as designated by administrative
965     rule.
966          Section 24. Section 26-28-114 is amended to read:
967          26-28-114. Rights and duties of procurement organization and others.
968          (1) When a hospital refers an individual at or near death to a procurement organization,
969     the organization shall make a reasonable search of the records of the Department of Public
970     Safety and any donor registry that it knows exists for the geographical area in which the
971     individual resides to ascertain whether the individual has made an anatomical gift.
972          (2) A procurement organization shall be allowed reasonable access to information in
973     the records of the Department of Public Safety to ascertain whether an individual at or near

974     death is a donor.
975          (3) When a hospital refers an individual at or near death to a procurement organization,
976     the organization may conduct any reasonable examination necessary to ensure the medical
977     suitability of a part that is or could be the subject of an anatomical gift for transplantation,
978     therapy, research, or education from a donor or a prospective donor. During the examination
979     period, measures necessary to ensure the medical suitability of the part may not be withdrawn
980     unless the hospital or procurement organization knows that the individual expressed a contrary
981     intent.
982          (4) Unless prohibited by law other than this chapter, at any time after a donor's death,
983     the person to which a part passes under Section 26-28-111 may conduct any reasonable
984     examination necessary to ensure the medical suitability of the body or part for its intended
985     purpose.
986          (5) Unless prohibited by law other than this chapter, an examination under Subsection
987     (3) or (4) may include an examination of all medical and dental records of the donor or
988     prospective donor.
989          (6) Upon the death of a minor who was a donor or had signed a refusal, unless a
990     procurement organization knows the minor is emancipated, the procurement organization shall
991     conduct a reasonable search for the parents of the minor and provide the parents with an
992     opportunity to revoke or amend the anatomical gift or revoke the refusal.
993          (7) Upon referral by a hospital under Subsection (1), a procurement organization shall
994     make a reasonable search for any person listed in Section 26-28-109 having priority to make an
995     anatomical gift on behalf of a prospective donor. If a procurement organization receives
996     information that an anatomical gift to any other person was made, amended, or revoked, it shall
997     promptly advise the other person of all relevant information.
998          (8) Subject to Subsection 26-28-111(9) and Section 26-28-123, the rights of the person
999     to which a part passes under Section 26-28-111 are superior to the rights of all others with
1000     respect to the part. The person may accept or reject an anatomical gift in whole or in part.

1001     Subject to the terms of the document of gift and this chapter, a person that accepts an
1002     anatomical gift of an entire body may allow embalming, burial or cremation, and use of
1003     remains in a funeral service. If the gift is of a part, the person to which the part passes under
1004     Section 26-28-111, upon the death of the donor and before embalming, burial, or cremation,
1005     shall cause the part to be removed without unnecessary mutilation.
1006          (9) Neither the physician or physician assistant who attends the decedent at death nor
1007     the physician or physician assistant who determines the time of the decedent's death may
1008     participate in the procedures for removing or transplanting a part from the decedent.
1009          (10) A physician, physician assistant, or technician may remove a donated part from
1010     the body of a donor that the physician, physician assistant, or technician is qualified to remove.
1011          Section 25. Section 26-33a-102 is amended to read:
1012          26-33a-102. Definitions.
1013          As used in this chapter:
1014          (1) "Committee" means the Health Data Committee created by Section 26-1-7.
1015          (2) "Control number" means a number assigned by the committee to an individual's
1016     health data as an identifier so that the health data can be disclosed or used in research and
1017     statistical analysis without readily identifying the individual.
1018          (3) "Data supplier" means a health care facility, health care provider, self-funded
1019     employer, third-party payor, health maintenance organization, or government department which
1020     could reasonably be expected to provide health data under this chapter.
1021          (4) "Disclosure" or "disclose" means the communication of health care data to any
1022     individual or organization outside the committee, its staff, and contracting agencies.
1023          (5) "Executive director" means the director of the department.
1024          (6) (a) "Health care facility" means a facility that is licensed by the department under
1025     Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
1026           (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1027     committee, with the concurrence of the department, may by rule add, delete, or modify the list

1028     of facilities that come within this definition for purposes of this chapter.
1029          (7) "Health care provider" means any person, partnership, association, corporation, or
1030     other facility or institution that renders or causes to be rendered health care or professional
1031     services as a physician, physician assistant, registered nurse, licensed practical nurse,
1032     nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist,
1033     pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician,
1034     naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
1035     speech pathologist, certified social worker, social service worker, social service aide, marriage
1036     and family counselor, or practitioner of obstetrics, and others rendering similar care and
1037     services relating to or arising out of the health needs of persons or groups of persons, and
1038     officers, employees, or agents of any of the above acting in the course and scope of their
1039     employment.
1040          (8) "Health data" means information relating to the health status of individuals, health
1041     services delivered, the availability of health manpower and facilities, and the use and costs of
1042     resources and services to the consumer, except vital records as defined in Section 26-2-2 shall
1043     be excluded.
1044          (9) "Health maintenance organization" has the meaning set forth in Section 31A-8-101.
1045          (10) "Identifiable health data" means any item, collection, or grouping of health data
1046     that makes the individual supplying or described in the health data identifiable.
1047          (11) "Individual" means a natural person.
1048          (12) "Organization" means any corporation, association, partnership, agency,
1049     department, unit, or other legally constituted institution or entity, or part thereof.
1050          (13) "Research and statistical analysis" means activities using health data analysis
1051     including:
1052          (a) describing the group characteristics of individuals or organizations;
1053          (b) analyzing the noncompliance among the various characteristics of individuals or
1054     organizations;

1055          (c) conducting statistical procedures or studies to improve the quality of health data;
1056          (d) designing sample surveys and selecting samples of individuals or organizations;
1057     and
1058          (e) preparing and publishing reports describing these matters.
1059          (14) "Self-funded employer" means an employer who provides for the payment of
1060     health care services for employees directly from the employer's funds, thereby assuming the
1061     financial risks rather than passing them on to an outside insurer through premium payments.
1062          (15) "Plan" means the plan developed and adopted by the Health Data Committee
1063     under Section 26-33a-104.
1064          (16) "Third party payor" means:
1065          (a) an insurer offering a health benefit plan, as defined by Section 31A-1-301, to at
1066     least 2,500 enrollees in the state;
1067          (b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter
1068     7, Nonprofit Health Service Insurance Corporations;
1069          (c) a program funded or administered by Utah for the provision of health care services,
1070     including the Medicaid and medical assistance programs described in Chapter 18, Medical
1071     Assistance Act; and
1072          (d) a corporation, organization, association, entity, or person:
1073          (i) which administers or offers a health benefit plan to at least 2,500 enrollees in the
1074     state; and
1075          (ii) which is required by administrative rule adopted by the department in accordance
1076     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the
1077     committee.
1078          Section 26. Section 31A-22-624 is amended to read:
1079          31A-22-624. Primary care physician or physician assistant.
1080          An accident and health insurance policy that requires an insured to select a primary care
1081     physician to receive optimum coverage:

1082          (1) shall permit an insured to select a participating provider who:
1083          (a) is an:
1084          (i) obstetrician;
1085          (ii) gynecologist; [or]
1086          (iii) pediatrician; [and] or
1087          (iv) physician assistant who works with a physician:
1088          (A) providing primary care; or
1089          (B) described in Subsections (1)(a)(i), (ii), or (iii); and
1090          (b) is qualified and willing to provide primary care services, as defined by the health
1091     care plan, as the insured's provider from whom primary care services are received;
1092          (2) shall clearly state in literature explaining the policy the option available to insureds
1093     under Subsection (1); and
1094          (3) may not impose a higher premium, higher copayment requirement, or any other
1095     additional expense on an insured because the insured selected a primary care physician in
1096     accordance with Subsection (1).
1097          Section 27. Section 41-1a-420 is amended to read:
1098          41-1a-420. Disability special group license plates -- Application and qualifications
1099     -- Rulemaking.
1100          (1) As used in this section:
1101          (a) "Advanced practice registered nurse" means a person licensed to practice as an
1102     advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
1103          (b) "Nurse practitioner" means an advanced practice registered nurse specializing as a
1104     nurse practitioner.
1105          (c) "Physician" means a person licensed to practice as a physician or osteopath in this
1106     state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1107     Osteopathic Medical Practice Act.
1108          (d) "Physician assistant" means an individual licensed to practice as a physician

1109     assistant in the state under Title 58, Chapter 70a, Utah Physician Assistant Act.
1110          [(d)] (e) "Temporary wheelchair user placard" means a removable windshield placard
1111     that is issued to a qualifying person, as provided in this section, who has a walking disability
1112     that is not permanent.
1113          [(e)] (f) "Walking disability" means a physical disability that requires the use of a
1114     walking-assistive device or wheelchair or similar low-powered motorized or mechanically
1115     propelled vehicle that is designed to specifically assist a person who has a limited or impaired
1116     ability to walk.
1117          [(f)] (g) "Wheelchair user placard" means a removable windshield placard that is
1118     issued to a qualifying person, as provided in this section, who has a walking disability.
1119          (2) (a) The division shall issue a disability special group license plate, a temporary
1120     removable windshield placard, or a removable windshield placard to an applicant who is either:
1121          (i) a qualifying person with a disability; or
1122          (ii) the registered owner of a vehicle that an organization uses primarily for the
1123     transportation of persons with disabilities that limit or impair the ability to walk.
1124          (b) The division shall issue a temporary wheelchair user placard or a wheelchair user
1125     placard to an applicant who is either:
1126          (i) a qualifying person with a walking disability; or
1127          (ii) the registered owner of a vehicle that an organization uses primarily for the
1128     transportation of persons with walking disabilities.
1129          (c) The division shall require that an applicant under Subsection (2)(b) certifies that the
1130     person travels in a vehicle equipped with a wheelchair lift or a vehicle carrying the person's
1131     walking-assistive device or wheelchair and requires a van accessible parking space.
1132          (3) (a) The person with a disability shall ensure that the initial application contains the
1133     certification of a physician, physician assistant, or nurse practitioner that:
1134          (i) the applicant meets the definition of a person with a disability that limits or impairs
1135     the ability to walk as defined in the federal Uniform System for Parking for Persons with

1136     Disabilities, 23 C.F.R. Ch. II, Subch. B, Pt. 1235.2 (1991);
1137          (ii) if the person is applying for a temporary wheelchair user placard or a wheelchair
1138     user placard, the applicant has a walking disability; and
1139          (iii) specifies the period of time that the physician, physician assistant, or nurse
1140     practitioner determines the applicant will have the disability, not to exceed six months in the
1141     case of a temporary disability or a temporary walking disability.
1142          (b) The division shall issue a disability special group license plate, a removable
1143     windshield placard, or a wheelchair user placard, as applicable, to a person with a permanent
1144     disability.
1145          (c) The issuance of a person with a disability special group license plate does not
1146     preclude the issuance to the same applicant of a removable windshield placard or wheelchair
1147     user placard.
1148          (d) (i) On request of an applicant with a disability special group license plate, a
1149     temporary removable windshield placard, or a removable windshield placard, the division shall
1150     issue one additional placard.
1151          (ii) On request of a qualified applicant with a disability special group license plate, the
1152     division shall issue up to two temporary wheelchair user placards or two wheelchair user
1153     placards.
1154          (iii) On request of a qualified applicant with a temporary wheelchair user placard or a
1155     wheelchair user placard, the division shall issue one additional placard.
1156          (e) The division shall ensure that a temporary wheelchair user placard and a wheelchair
1157     user placard have the following visible features:
1158          (i) a large "W" next to the internationally recognized disabled persons symbol; and
1159          (ii) the words "Wheelchair User" printed on a portion of the placard.
1160          (f) A disability special group license plate, temporary removable windshield placard, or
1161     removable windshield placard may be used to allow one motorcycle to share a parking space
1162     reserved for persons with a disability if:

1163          (i) the person with a disability:
1164          (A) is using a motorcycle; and
1165          (B) displays on the motorcycle a disability special group license plate, temporary
1166     removable windshield placard, or a removable windshield placard;
1167          (ii) the person who shares the parking space assists the person with a disability with the
1168     parking accommodation; and
1169          (iii) the parking space is sufficient size to accommodate both motorcycles without
1170     interfering with other parking spaces or traffic movement.
1171          (4) (a) When a vehicle is parked in a parking space reserved for persons with
1172     disabilities, a temporary removable windshield placard, a removable windshield placard, a
1173     temporary wheelchair user placard, or a wheelchair user placard shall be displayed so that the
1174     placard is visible from the front of the vehicle.
1175          (b) If a motorcycle is being used, the temporary removable windshield placard or
1176     removable windshield placard shall be displayed in plain sight on or near the handle bars of the
1177     motorcycle.
1178          (5) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
1179     Administrative Rulemaking Act, to:
1180          (a) establish qualifying criteria for persons to receive, renew, or surrender a disability
1181     special group license plate, a temporary removable windshield placard, a removable windshield
1182     placard, a temporary wheelchair user placard, or a wheelchair user placard in accordance with
1183     this section;
1184          (b) establish the maximum number of numerals or characters for a disability special
1185     group license plate;
1186          (c) require all temporary removable windshield placards, removable windshield
1187     placards, temporary wheelchair user placards, and wheelchair user placards to include:
1188          (i) an identification number;
1189          (ii) an expiration date not to exceed:

1190          (A) six months for a temporary removable windshield placard; and
1191          (B) two years for a removable windshield placard; and
1192          (iii) the seal or other identifying mark of the division.
1193          (6) The commission shall insert the following on motor vehicle registration certificates:
1194          "State law prohibits persons who do not lawfully possess a disability placard or
1195     disability special group license plate from parking in an accessible parking space designated for
1196     persons with disabilities. Persons who possess a disability placard or disability special group
1197     license plate are discouraged from parking in an accessible parking space designated as van
1198     accessible unless they have a temporary wheelchair user placard or a wheelchair user placard."
1199          Section 28. Section 41-6a-520 is amended to read:
1200          41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
1201     tests -- Refusal -- Warning, report.
1202          (1) (a) A person operating a motor vehicle in this state is considered to have given the
1203     person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
1204     the purpose of determining whether the person was operating or in actual physical control of a
1205     motor vehicle while:
1206          (i) having a blood or breath alcohol content statutorily prohibited under Section
1207     41-6a-502, 41-6a-530, or 53-3-231;
1208          (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
1209     under Section 41-6a-502; or
1210          (iii) having any measurable controlled substance or metabolite of a controlled
1211     substance in the person's body in violation of Section 41-6a-517.
1212          (b) A test or tests authorized under this Subsection (1) must be administered at the
1213     direction of a peace officer having grounds to believe that person to have been operating or in
1214     actual physical control of a motor vehicle while in violation of any provision under Subsections
1215     (1)(a)(i) through (iii).
1216          (c) (i) The peace officer determines which of the tests are administered and how many

1217     of them are administered.
1218          (ii) If a peace officer requests more than one test, refusal by a person to take one or
1219     more requested tests, even though the person does submit to any other requested test or tests, is
1220     a refusal under this section.
1221          (d) (i) A person who has been requested under this section to submit to a chemical test
1222     or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
1223     administered.
1224          (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
1225     not a defense to taking a test requested by a peace officer, and it is not a defense in any
1226     criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
1227     requested test or tests.
1228          (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
1229     submit to the test or tests may result in revocation of the person's license to operate a motor
1230     vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of
1231     alcohol in the person's body depending on the person's prior driving history, and a three-year
1232     prohibition of driving without an ignition interlock device if the person:
1233          (i) has been placed under arrest;
1234          (ii) has then been requested by a peace officer to submit to any one or more of the
1235     chemical tests under Subsection (1); and
1236          (iii) refuses to submit to any chemical test requested.
1237          (b) (i) Following the warning under Subsection (2)(a), if the person does not
1238     immediately request that the chemical test or tests as offered by a peace officer be
1239     administered, a peace officer shall, on behalf of the Driver License Division and within 24
1240     hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
1241     privilege or license to operate a motor vehicle.
1242          (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
1243     peace officer shall:

1244          (A) take the Utah license certificate or permit, if any, of the operator;
1245          (B) issue a temporary license certificate effective for only 29 days from the date of
1246     arrest; and
1247          (C) supply to the operator, in a manner specified by the Driver License Division, basic
1248     information regarding how to obtain a hearing before the Driver License Division.
1249          (c) A citation issued by a peace officer may, if provided in a manner specified by the
1250     Driver License Division, also serve as the temporary license certificate.
1251          (d) As a matter of procedure, the peace officer shall submit a signed report, within 10
1252     calendar days after the day on which notice is provided under Subsection (2)(b), that:
1253          (i) the peace officer had grounds to believe the arrested person was in violation of any
1254     provision under Subsections (1)(a)(i) through (iii); and
1255          (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
1256          (3) Upon the request of the person who was tested, the results of the test or tests shall
1257     be made available to the person.
1258          (4) (a) The person to be tested may, at the person's own expense, have a physician or
1259     physician assistant of the person's own choice administer a chemical test in addition to the test
1260     or tests administered at the direction of a peace officer.
1261          (b) The failure or inability to obtain the additional test does not affect admissibility of
1262     the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
1263     test or tests to be taken at the direction of a peace officer.
1264          (c) The additional test shall be subsequent to the test or tests administered at the
1265     direction of a peace officer.
1266          (5) For the purpose of determining whether to submit to a chemical test or tests, the
1267     person to be tested does not have the right to consult an attorney or have an attorney, physician,
1268     or other person present as a condition for the taking of any test.
1269          (6) Notwithstanding the provisions in this section, a blood test taken under this section
1270     is subject to Section 77-23-213.

1271          Section 29. Section 41-6a-523 is amended to read:
1272          41-6a-523. Persons authorized to draw blood -- Immunity from liability.
1273          (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
1274     determine its alcohol or drug content:
1275          (i) a physician;
1276          (ii) a physician assistant;
1277          [(ii)] (iii) a registered nurse;
1278          [(iii)] (iv) a licensed practical nurse;
1279          [(iv)] (v) a paramedic;
1280          [(v)] (vi) as provided in Subsection (1)(b), emergency medical service personnel other
1281     than paramedics; or
1282          [(vi)] (vii) a person with a valid permit issued by the Department of Health under
1283     Section 26-1-30.
1284          (b) The Department of Health may designate by rule, in accordance with Title 63G,
1285     Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
1286     as defined in Section 26-8a-102, are authorized to draw blood under Subsection [(1)(a)(v)]
1287     (1)(a)(vi), based on the type of license under Section 26-8a-302.
1288          (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
1289          (2) The following are immune from civil or criminal liability arising from drawing a
1290     blood sample from a person whom a peace officer has reason to believe is driving in violation
1291     of this chapter, if the sample is drawn in accordance with standard medical practice:
1292          (a) a person authorized to draw blood under Subsection (1)(a); and
1293          (b) if the blood is drawn at a hospital or other medical facility, the medical facility.
1294          Section 30. Section 41-6a-1804 is amended to read:
1295          41-6a-1804. Exceptions.
1296          (1) This part does not apply to an operator or passenger of:
1297          (a) a motor vehicle manufactured before July 1, 1966;

1298          (b) a motor vehicle in which the operator or passengers possess a written verification
1299     from a licensed physician or physician assistant that the person is unable to wear a safety belt
1300     for physical or medical reasons; or
1301          (c) a motor vehicle or seating position which is not required to be equipped with a
1302     safety belt system under federal law.
1303          (2) This part does not apply to a passenger if all seating positions are occupied by other
1304     passengers.
1305          (3) This part does not apply to a passenger of a public transit vehicle with a gross
1306     vehicle weight rating exceeding 10,000 pounds.
1307          Section 31. Section 48-1d-102 is amended to read:
1308          48-1d-102. Definitions.
1309          As used in this chapter:
1310          (1) "Business" includes every trade, occupation, and profession.
1311          (2) "Contribution," except in the phrase "right of contribution," means property or a
1312     benefit described in Section 48-1d-501 which is provided by a person to a partnership to
1313     become a partner or in the person's capacity as a partner.
1314          (3) "Debtor in bankruptcy" means a person that is the subject of:
1315          (a) an order for relief under Title 11 of the United States Code or a comparable order
1316     under a successor statute of general application; or
1317          (b) a comparable order under federal, state, or foreign law governing insolvency.
1318          (4) "Distribution" means a transfer of money or other property from a partnership to a
1319     person on account of a transferable interest or in a person's capacity as a partner. The term:
1320          (a) includes:
1321          (i) a redemption or other purchase by a partnership of a transferable interest; and
1322          (ii) a transfer to a partner in return for the partner's relinquishment of any right to
1323     participate as a partner in the management or conduct of the partnership's activities and affairs
1324     or have access to records or other information concerning the partnership's activities and

1325     affairs; and
1326          (b) does not include amounts constituting reasonable compensation for present or past
1327     service or payments made in the ordinary course of business under a bona fide retirement plan
1328     or other bona fide benefits program.
1329          (5) "Division" means the Division of Corporations and Commercial Code.
1330          (6) "Foreign limited liability partnership" means a foreign partnership whose partners
1331     have limited liability for the debts, obligations, or other liabilities of the foreign partnership
1332     under a provision similar to Subsection 48-1d-306(3).
1333          (7) "Foreign partnership" means an unincorporated entity formed under the law of a
1334     jurisdiction other than this state which would be a partnership if formed under the law of this
1335     state. The term includes a foreign limited liability partnership.
1336          (8) "Jurisdiction," used to refer to a political entity, means the United States, a state, a
1337     foreign country, or a political subdivision of a foreign country.
1338          (9) "Jurisdiction of formation" means, with respect to an entity, the jurisdiction:
1339          (a) under whose law the entity is formed; or
1340          (b) in the case of a limited liability partnership or foreign limited liability partnership,
1341     in which the partnership's statement of qualification is filed.
1342          (10) "Limited liability partnership," except in the phrase "foreign limited liability
1343     partnership," means a partnership that has filed a statement of qualification under Section
1344     48-1d-1101 and does not have a similar statement in effect in any other jurisdiction.
1345          (11) "Partner" means a person that:
1346          (a) has become a partner in a partnership under Section 48-1d-401 or was a partner in a
1347     partnership when the partnership became subject to this chapter under Section 48-1d-1405; and
1348          (b) has not dissociated as a partner under Section 48-1d-701.
1349          (12) "Partnership" means an association of two or more persons to carry on as
1350     co-owners a business for profit formed under this chapter or that becomes subject to this
1351     chapter under Part 10, Merger, Interest Exchange, Conversion, and Domestication, or Section

1352     48-1d-1405. The term includes a limited liability partnership.
1353          (13) "Partnership agreement" means the agreement, whether or not referred to as a
1354     partnership agreement, and whether oral, implied, in a record, or in any combination thereof, of
1355     all the partners of a partnership concerning the matters described in Subsection 48-1d-106(1).
1356     The term includes the agreement as amended or restated.
1357          (14) "Partnership at will" means a partnership in which the partners have not agreed to
1358     remain partners until the expiration of a definite term or the completion of a particular
1359     undertaking.
1360          (15) "Person" means an individual, business corporation, nonprofit corporation,
1361     partnership, limited partnership, limited liability company, limited cooperative association,
1362     unincorporated nonprofit association, statutory trust, business trust, common-law business
1363     trust, estate, trust, association, joint venture, public corporation, government or governmental
1364     subdivision, agency, or instrumentality, or any other legal or commercial entity.
1365          (16) "Principal office" means the principal executive office of a partnership or a
1366     foreign limited liability partnership, whether or not the office is located in this state.
1367          (17) "Professional services" means a personal service provided by:
1368          (a) a public accountant holding a license under Title 58, Chapter 26a, Certified Public
1369     Accountant Licensing Act, or a subsequent law regulating the practice of public accounting;
1370          (b) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act,
1371     or a subsequent law regulating the practice of architecture;
1372          (c) an attorney granted the authority to practice law by the:
1373          (i) Utah Supreme Court; or
1374          (ii) one or more of the following that licenses or regulates the authority to practice law
1375     in a state or territory of the United States other than Utah:
1376          (A) a supreme court;
1377          (B) a court other than a supreme court;
1378          (C) an agency;

1379          (D) an instrumentality; or
1380          (E) a regulating board;
1381          (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
1382     Practice Act, or a subsequent law regulating the practice of chiropractics;
1383          (e) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and
1384     Dental Hygienist Practice Act, or a subsequent law regulating the practice of dentistry;
1385          (f) a professional engineer registered under Title 58, Chapter 22, Professional
1386     Engineers and Professional Land Surveyors Licensing Act, or a subsequent law regulating the
1387     practice of engineers or land surveyors;
1388          (g) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
1389     Practice Act, or a subsequent law regulating the practice of naturopathy;
1390          (h) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Chapter 44a,
1391     Nurse Midwife Practice Act, or a subsequent law regulating the practice of nursing;
1392          (i) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry
1393     Practice Act, or a subsequent law regulating the practice of optometry;
1394          (j) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68,
1395     Utah Osteopathic Medical Practice Act, or a subsequent law regulating the practice of
1396     osteopathy;
1397          (k) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act,
1398     or a subsequent law regulating the practice of pharmacy;
1399          (l) a physician, surgeon, or doctor of medicine holding a license under Title 58,
1400     Chapter 67, Utah Medical Practice Act, or a subsequent law regulating the practice of
1401     medicine;
1402          (m) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician
1403     Assistant Act, or a subsequent law regulating the practice as a physician assistant;
1404          [(m)] (n) a physical therapist holding a license under Title 58, Chapter 24b, Physical
1405     Therapy Practice Act, or a subsequent law regulating the practice of physical therapy;

1406          [(n)] (o) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric
1407     Physician Licensing Act, or a subsequent law regulating the practice of podiatry;
1408          [(o)] (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist
1409     Licensing Act, or a subsequent law regulating the practice of psychology;
1410          [(p)] (q) a principal broker, associate broker, or sales agent holding a license under
1411     Title 61, Chapter 2f, Real Estate Licensing and Practices Act, or a subsequent law regulating
1412     the sale, exchange, purchase, rental, or leasing of real estate;
1413          [(q)] (r) a clinical or certified social worker holding a license under Title 58, Chapter
1414     60, Part 2, Social Worker Licensing Act, or a subsequent law regulating the practice of social
1415     work;
1416          [(r)] (s) a mental health therapist holding a license under Title 58, Chapter 60, Mental
1417     Health Professional Practice Act, or a subsequent law regulating the practice of mental health
1418     therapy;
1419          [(s)] (t) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice
1420     Act, or a subsequent law regulating the practice of veterinary medicine; or
1421          [(t)] (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real
1422     Estate Appraiser Licensing and Certification Act, or a subsequent law regulating the practice of
1423     appraising real estate.
1424          (18) "Property" means all property, whether real, personal, or mixed, or tangible or
1425     intangible, or any right or interest therein.
1426          (19) "Record," used as a noun, means information that is inscribed on a tangible
1427     medium or that is stored in an electronic or other medium and is retrievable in perceivable
1428     form.
1429          (20) "Registered agent" means an agent of a limited liability partnership or foreign
1430     limited liability partnership which is authorized to receive service of any process, notice, or
1431     demand required or permitted by law to be served on the partnership.
1432          (21) "Registered foreign limited liability partnership" means a foreign limited liability

1433     partnership that is registered to do business in this state pursuant to a statement of registration
1434     filed by the division.
1435          (22) "Sign" means, with present intent to authenticate or adopt a record:
1436          (a) to execute or adopt a tangible symbol; or
1437          (b) to attach to or logically associate with the record an electronic symbol, sound, or
1438     process.
1439          (23) "State" means a state of the United States, the District of Columbia, Puerto Rico,
1440     the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
1441     of the United States.
1442          (24) "Transfer" includes:
1443          (a) an assignment;
1444          (b) a conveyance;
1445          (c) a sale;
1446          (d) a lease;
1447          (e) an encumbrance, including a mortgage or security interest;
1448          (f) a gift; and
1449          (g) a transfer by operation of law.
1450          (25) "Transferable interest" means the right, as initially owned by a person in the
1451     person's capacity as a partner, to receive distributions from a partnership in accordance with the
1452     partnership agreement, whether or not the person remains a partner or continues to own any
1453     part of the right. The term applies to any fraction of the interest, by whomever owned.
1454          (26) "Transferee" means a person to which all or part of a transferable interest has been
1455     transferred, whether or not the transferor is a partner.
1456          (27) "Tribal partnership" means a partnership:
1457          (a) formed under the law of a tribe; and
1458          (b) that is at least 51% owned or controlled by the tribe under whose law the
1459     partnership is formed.

1460          (28) "Tribe" means a tribe, band, nation, pueblo, or other organized group or
1461     community of Indians, including an Alaska Native village, that is legally recognized as eligible
1462     for and is consistent with a special program, service, or entitlement provided by the United
1463     States to Indians because of their status as Indians.
1464          Section 32. Section 48-3a-1101 is amended to read:
1465          48-3a-1101. Definitions.
1466          As used in this part:
1467          (1) "Professional services" means a personal service provided by:
1468          (a) a public accountant holding a license under Title 58, Chapter 26a, Certified Public
1469     Accountant Licensing Act, or a subsequent law regulating the practice of public accounting;
1470          (b) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act,
1471     or a subsequent law regulating the practice of architecture;
1472          (c) an attorney granted the authority to practice law by the:
1473          (i) Utah Supreme Court; or
1474          (ii) one or more of the following that licenses or regulates the authority to practice law
1475     in a state or territory of the United States other than Utah:
1476          (A) a supreme court;
1477          (B) a court other than a supreme court;
1478          (C) an agency;
1479          (D) an instrumentality; or
1480          (E) a regulating board;
1481          (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
1482     Practice Act, or any subsequent law regulating the practice of chiropractics;
1483          (e) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and
1484     Dental Hygienist Practice Act, or a subsequent law regulating the practice of dentistry;
1485          (f) a professional engineer registered under Title 58, Chapter 22, Professional
1486     Engineers and Professional Land Surveyors Licensing Act, or a subsequent law regulating the

1487     practice of engineers and land surveyors;
1488          (g) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
1489     Practice Act, or a subsequent law regulating the practice of naturopathy;
1490          (h) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58,
1491     Chapter 44a, Nurse Midwife Practice Act, or a subsequent law regulating the practice of
1492     nursing;
1493          (i) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry
1494     Practice Act, or a subsequent law regulating the practice of optometry;
1495          (j) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68,
1496     Utah Osteopathic Medical Practice Act, or a subsequent law regulating the practice of
1497     osteopathy;
1498          (k) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act,
1499     or a subsequent law regulating the practice of pharmacy;
1500          (l) a physician, surgeon, or doctor of medicine holding a license under Title 58,
1501     Chapter 67, Utah Medical Practice Act, or a subsequent law regulating the practice of
1502     medicine;
1503          (m) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician
1504     Assistant Act, or a subsequent law regulating the practice as a physician assistant;
1505          [(m)] (n) a physical therapist holding a license under Title 58, Chapter 24b, Physical
1506     Therapy Practice Act, or a subsequent law regulating the practice of physical therapy;
1507          [(n)] (o) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric
1508     Physician Licensing Act, or a subsequent law regulating the practice of podiatry;
1509          [(o)] (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist
1510     Licensing Act, or any subsequent law regulating the practice of psychology;
1511          [(p)] (q) a principal broker, associate broker, or sales agent holding a license under
1512     Title 61, Chapter 2f, Real Estate Licensing and Practices Act, or a subsequent law regulating
1513     the sale, exchange, purchase, rental, or leasing of real estate;

1514          [(q)] (r) a clinical or certified social worker holding a license under Title 58, Chapter
1515     60, Part 2, Social Worker Licensing Act, or a subsequent law regulating the practice of social
1516     work;
1517          [(r)] (s) a mental health therapist holding a license under Title 58, Chapter 60, Mental
1518     Health Professional Practice Act, or a subsequent law regulating the practice of mental health
1519     therapy;
1520          [(s)] (t) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice
1521     Act, or a subsequent law regulating the practice of veterinary medicine; or
1522          [(t)] (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real
1523     Estate Appraiser Licensing and Certification Act, or a subsequent law regulating the practice of
1524     appraising real estate.
1525          (2) "Regulating board" means the entity organized pursuant to state law that licenses
1526     and regulates the practice of the profession that a limited liability company is organized to
1527     provide.
1528          Section 33. Section 49-12-601 is amended to read:
1529          49-12-601. Disability retirement -- Medical examinations -- Reemployment of
1530     retirant with a disability -- Cancellation of benefit -- Service credit -- Retirant with a
1531     disability engaging in gainful employment -- Reduction of allowance -- Refusal to submit
1532     to medical examination.
1533          (1) Only members of this system who became eligible for a disability retirement
1534     allowance before January 1, 1983, are covered under this section.
1535          (2) (a) The board may, upon the recommendation of the administrator, require any
1536     retirant who has been retired for disability and who has not attained the age of 60 years, to
1537     undergo a medical examination by a physician, physician assistant, or surgeon, appointed by
1538     the board, at the place of residence of the retirant or other place mutually agreed upon.
1539          (b) Upon the basis of the examination, the board shall determine whether the retirant
1540     with a disability is still incapacitated, physically or mentally, for service under this chapter.

1541          (c) If the board determines that the retirant is not incapacitated, the retirement
1542     allowance shall be cancelled and the retirant shall be reinstated immediately to a position of the
1543     same class as that held by the retirant when retired for disability.
1544          (d) If any employing unit is unable to reinstate the retirant, the board shall continue the
1545     disability retirement allowance of the retirant until employment is available.
1546          (3) (a) If a retirant with a disability under this system reenters covered service and is
1547     eligible for membership in the retirement system, the retirement allowance shall be cancelled
1548     and the retirant shall immediately become a member of the retirement system.
1549          (b) (i) The member's individual account shall be credited with an amount which is the
1550     actuarial equivalent, at the time of reentry, based on a disabled life, of that portion of the
1551     member's retirement allowance which was derived from the member's accumulated
1552     contributions.
1553          (ii) The amount credited may not exceed the amount of accumulated contributions
1554     standing at the time of retirement.
1555          (c) Each member shall receive credit for the service in the member's account at the
1556     time of retirement.
1557          (4) If the retirement allowance of any retirant with a disability is cancelled for any
1558     cause other than reentry into service, the retirant shall be paid the accumulated contributions
1559     less the amounts prescribed by Subsection (6).
1560          (5) (a) If any member retired for disability engages in a gainful occupation prior to
1561     attaining age 60, the administrator shall reduce the amount of the retirement allowance to an
1562     amount which, when added to the compensation earned monthly by the retirant in that
1563     occupation, may not exceed the amount of the final average monthly salary on the basis of
1564     which the current service retirement allowance was determined.
1565          (b) If the earning capacity of the retirant is further altered, the administrator may
1566     further alter the retirement allowance as provided in this Subsection (5).
1567          (c) In no event, however, may the retirement benefit be reduced below that portion of

1568     the retirant's allowance derived from the retirant's own accumulated contributions.
1569          (d) When the retirant reaches age 60, the retirement allowance shall be made equal to
1570     the amount upon which the retirant was originally retired and may not again be modified for
1571     any cause.
1572          (6) (a) If any member who retired for disability under age 60, refuses to submit to a
1573     medical examination, the retirement allowance may be discontinued until the retirant
1574     withdraws that refusal.
1575          (b) If the refusal continues for one year the disability status may be cancelled and
1576     membership terminated.
1577          (c) (i) The retirant's accumulated contribution account shall be the actuarial equivalent
1578     on the date of the retirant's change of status, based on a disabled life, of that portion of the
1579     disability retirement allowance which was derived from the retirant's accumulated
1580     contributions.
1581          (ii) The amount credited may not exceed the amount of the retirant's accumulated
1582     contributions at the time of disability retirement.
1583          Section 34. Section 49-16-102 is amended to read:
1584          49-16-102. Definitions.
1585          As used in this chapter:
1586          (1) (a) "Compensation" means the total amount of payments that are includable as
1587     gross income which are received by a firefighter service employee as base income for the
1588     regularly scheduled work period. The participating employer shall establish the regularly
1589     scheduled work period. Base income shall be determined prior to the deduction of member
1590     contributions or any amounts the firefighter service employee authorizes to be deducted for
1591     salary deferral or other benefits authorized by federal law.
1592          (b) "Compensation" includes performance-based bonuses and cost-of-living
1593     adjustments.
1594          (c) "Compensation" does not include:

1595          (i) overtime;
1596          (ii) sick pay incentives;
1597          (iii) retirement pay incentives;
1598          (iv) remuneration paid in kind such as a residence, use of equipment, uniforms, travel,
1599     or similar payments;
1600          (v) a lump-sum payment or special payments covering accumulated leave; and
1601          (vi) all contributions made by a participating employer under this system or under any
1602     other employee benefit system or plan maintained by a participating employer for the benefit of
1603     a member or participant.
1604          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
1605     under Section 401(a)(17), Internal Revenue Code.
1606          (2) (a) "Disability" means the complete inability, due to objective medical impairment,
1607     whether physical or mental, to perform firefighter service.
1608          (b) "Disability" does not include the inability to meet an employer's required standards
1609     or tests relating to fitness, physical ability, or agility that is not a result of a disability as defined
1610     under Subsection (2)(a).
1611          (3) "Final average salary" means the amount calculated by averaging the highest three
1612     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), and (c).
1613          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
1614     compensation in any one of the years used may not exceed the previous year's compensation by
1615     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
1616     of the dollar during the previous year, as measured by a United States Bureau of Labor
1617     Statistics Consumer Price Index average as determined by the board.
1618          (b) In cases where the participating employer provides acceptable documentation to the
1619     office the limitation in Subsection (3)(a) may be exceeded if:
1620          (i) the member has transferred from another agency; or
1621          (ii) the member has been promoted to a new position.

1622          (c) The annual compensation used to calculate final average salary shall be based on:
1623          (i) a calendar year for a member employed by a participating employer that is not an
1624     educational institution; or
1625          (ii) a contract year for a member employed by an educational institution.
1626          (4) (a) "Firefighter service" means employment normally requiring an average of 2,080
1627     hours of regularly scheduled employment per year rendered by a member who is:
1628          (i) a firefighter service employee trained in firefighter techniques and assigned to a
1629     position of hazardous duty with a regularly constituted fire department; or
1630          (ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire
1631     marshal.
1632          (b) "Firefighter service" does not include secretarial staff or other similar employees.
1633          (5) "Firefighter service employee" means an employee of a participating employer who
1634     provides firefighter service under this chapter. An employee of a regularly constituted fire
1635     department who does not perform firefighter service is not a firefighter service employee.
1636          (6) (a) "Line-of-duty death or disability" means a death or disability resulting from:
1637          (i) external force, violence, or disease directly resulting from firefighter service; or
1638          (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
1639     training or another strenuous activity required as an act of duty as a firefighter service
1640     employee.
1641          (b) "Line-of-duty death or disability" does not include a death or disability that:
1642          (i) occurs during an activity that is required as an act of duty as a firefighter service
1643     employee if the activity is not a strenuous activity, including an activity that is clerical,
1644     administrative, or of a nonmanual nature;
1645          (ii) occurs during the commission of a crime committed by the employee;
1646          (iii) occurs when the employee's intoxication or use of alcohol or drugs, whether
1647     prescribed or nonprescribed, contributes to the employee's death or disability; or
1648          (iv) occurs in a manner other than as described in Subsection (6)(a).

1649          (c) "Line-of-duty death or disability" includes the death or disability of a paid
1650     firefighter resulting from heart disease, lung disease, or a respiratory tract condition if the paid
1651     firefighter has five years of firefighter service credit.
1652          (7) "Objective medical impairment" means an impairment resulting from an injury or
1653     illness which is diagnosed by a physician or physician assistant and which is based on accepted
1654     objective medical tests or findings rather than subjective complaints.
1655          (8) "Participating employer" means an employer which meets the participation
1656     requirements of Section 49-16-201.
1657          (9) "Regularly constituted fire department" means a fire department that employs a fire
1658     chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid
1659     employment per year.
1660          (10) (a) "Strenuous activity" means engagement involving a difficult, stressful, or
1661     vigorous fire suppression, rescue, hazardous material response, emergency medical service,
1662     physical law enforcement, prison security, disaster relief, or other emergency response activity.
1663          (b) "Strenuous activity" includes participating in a participating employer sanctioned
1664     and funded training exercise that involves difficult, stressful, or vigorous physical activity.
1665          (11) "System" means the Firefighters' Retirement System created under this chapter.
1666          (12) (a) "Volunteer firefighter" means any individual that is not regularly employed as
1667     a firefighter service employee, but who:
1668          (i) has been trained in firefighter techniques and skills;
1669          (ii) continues to receive regular firefighter training; and
1670          (iii) is on the rolls of a legally organized volunteer fire department which provides
1671     ongoing training and serves a political subdivision of the state.
1672          (b) An individual that volunteers assistance but does not meet the requirements of
1673     Subsection (12)(a) is not a volunteer firefighter for purposes of this chapter.
1674          (13) "Years of service credit" means the number of periods, each to consist of 12 full
1675     months as determined by the board, whether consecutive or not, during which a firefighter

1676     service employee was employed by a participating employer or received full-time pay while on
1677     sick leave, including any time the firefighter service employee was absent in the service of the
1678     United States on military duty.
1679          Section 35. Section 49-16-602 is amended to read:
1680          49-16-602. Disability retirement -- Disability allowance eligibility -- Conversion to
1681     service retirement -- Examinations -- Reemployment.
1682          (1) A member of this system who applies and is qualified for disability retirement shall
1683     receive a disability retirement benefit until the earlier of:
1684          (a) the date the member of this system no longer has a disability;
1685          (b) the date the member of this system has accumulated 20 years of firefighter service
1686     credit, including years earned while the member of this system had a disability; or
1687          (c) the date the member of this system has received disability retirement benefits for
1688     the following time periods:
1689          (i) if the member is under age 60 on the date of disability, the disability retirement
1690     benefit is payable until age 65;
1691          (ii) if the member is 60 or 61 years of age on the date of disability, the disability
1692     retirement benefit is payable for five years;
1693          (iii) if the member is 62 or 63 years of age on the date of disability, the disability
1694     retirement benefit is payable for four years;
1695          (iv) if the member is 64 or 65 years of age on the date of disability, the disability
1696     retirement benefit is payable for three years;
1697          (v) if the member is 66, 67, or 68 years of age on the date of disability, the disability
1698     retirement benefit is payable for two years; and
1699          (vi) if the member is 69 years of age or older on the date of disability, the disability
1700     retirement benefit is payable for one year.
1701          (2) (a) (i) The retiree with a disability shall receive service credit in this system during
1702     the period of disability.

1703          (ii) If the retiree with a disability is employed by a participating employer during the
1704     period of disability, the retiree with a disability may not receive service credit for that
1705     employment.
1706          (b) The disability retirement shall be converted to a service retirement at the time the
1707     disability retirement benefits terminate.
1708          (3) The office shall approve or disapprove applications for disability retirement
1709     benefits based upon:
1710          (a) the evaluation and recommendations of one or more treating physicians or
1711     physician assistants along with medical records relating to the condition;
1712          (b) the evaluation and recommendations of one or more independent physicians or
1713     physician assistants selected by the office; and
1714          (c) receipt of documentation by the office from the participating employer that the
1715     member is mentally or physically unable to perform firefighter service.
1716          (4) (a) A retiree with a disability who receives benefits under this section shall, upon
1717     request of the executive director, submit to a medical examination by one or more physicians
1718     or physician assistants as directed by the office.
1719          (b) If, after an examination, the examiners report that the retiree with a disability is
1720     physically and mentally able and capable of resuming firefighter service employment, the
1721     retiree with a disability shall be reinstated by the participating employer for which the retiree
1722     with a disability last worked at the former classification and rank of the retiree with a disability,
1723     and the disability retirement benefit shall terminate.
1724          (c) A retiree with a disability may not be required to submit to an examination under
1725     this Subsection (4) more than once every year.
1726          (d) A retiree with a disability who returns to firefighter service employment with a
1727     participating employer in this system shall immediately begin accruing service credit that shall
1728     be added to that service credit that has been previously accrued, including service credit while
1729     disabled.

1730          (5) A retiree with a disability is not subject to medical examinations after reaching age
1731     55.
1732          (6) Refusal or neglect of a member to submit to an examination as requested by the
1733     office either before or after a decision regarding disability benefits has been made is sufficient
1734     cause for denial, suspension, or discontinuance of benefits and if the refusal or neglect
1735     continues for one year, the rights of the member or retiree with a disability to disability
1736     retirement benefits may be revoked by the office.
1737          (7) (a) A retiree with a disability who receives benefits under this part shall file a sworn
1738     statement with the office on or before March 15 of each year for the first five years a retiree
1739     with a disability receives benefits.
1740          (b) The sworn statement shall indicate whether or not the retiree with a disability
1741     engaged in any employment during the preceding year and, if so, the amount of earnings
1742     received during the calendar year.
1743          (c) If the total amount received in one year by a retiree with a disability for disability
1744     retirement benefits and gross earnings from other employment exceeds 125% of the final
1745     average salary of the retiree with a disability, the office shall offset the disability retirement
1746     benefit paid the following year by the amount in excess of 125% of the final average salary of
1747     the retiree with a disability.
1748          (d) (i) If a retiree with a disability refuses or neglects to file a sworn statement as
1749     required under this Subsection (7), the executive director may suspend payment of any and all
1750     benefits pending receipt of the statement.
1751          (ii) Upon filing the statement, the payments of the retiree with a disability shall be
1752     resumed.
1753          (8) The disability retirement benefit shall be improved by the annual cost-of-living
1754     increase factor applied to retirees of the system that covered the firefighter service employee at
1755     the time of disability.
1756          (9) A line of duty disability allowance paid on or after January 1, 2002, under Section

1757     49-16-601 is exempt from taxation to the extent permitted under federal law.
1758          (10) (a) An active member of this system with five or more years of firefighter service
1759     credit shall be eligible for a line-of-duty death or disability benefit resulting from heart disease,
1760     lung disease, or respiratory tract disease.
1761          (b) An active member of this system who receives a line-of-duty disability benefit for
1762     more than six months due to violence or illness other than heart disease, lung disease, or
1763     respiratory tract disease, and then returns to paid firefighter service, is not eligible for a
1764     line-of-duty death or disability benefit due to those diseases for two years after the member
1765     returned to paid firefighter service unless clear and convincing evidence is presented that the
1766     heart, lung, or respiratory tract disease was directly a result of firefighter service.
1767          (11) Disability retirement benefits shall be considered an allowance for purposes of
1768     Section 49-11-701.
1769          Section 36. Section 49-21-402 is amended to read:
1770          49-21-402. Reduction or reimbursement of benefit -- Circumstances --
1771     Application for other benefits required.
1772          (1) A monthly disability benefit may be terminated unless:
1773          (a) the eligible employee is under the ongoing care and treatment of a physician or
1774     physician assistant other than the eligible employee; and
1775          (b) the eligible employee provides the information and documentation requested by the
1776     office.
1777          (2) (a) The monthly disability benefit shall be reduced or reimbursed by any amount
1778     received by, or payable to, the eligible employee for the same injury or illness that is the basis
1779     for the monthly disability benefit from the following sources:
1780          (i) workers' compensation indemnity benefits, regardless of whether the amount is
1781     received as an ongoing monthly benefit, as a lump sum, or in a settlement with a workers'
1782     compensation indemnity carrier;
1783          (ii) any money received by judgment, legal action, or settlement from a third party

1784     liable to the employee for the monthly disability benefit;
1785          (iii) automobile no-fault, medical payments, or similar insurance payments;
1786          (iv) any money received by a judgment, settlement, or other payment as a result of a
1787     claim against an employer; or
1788          (v) annual leave or similar lump-sum payments.
1789          (b) The monthly disability benefit shall be reduced or reimbursed by any amount
1790     received by, or payable to, the eligible employee for the same period of time during which the
1791     eligible employee is entitled to receive a monthly disability benefit from the following sources:
1792          (i) social security disability benefits, including all benefits received by the eligible
1793     employee, the eligible employee's spouse, and the eligible employee's children as determined
1794     by the Social Security Administration;
1795          (ii) unemployment compensation benefits;
1796          (iii) sick leave benefits; or
1797          (iv) compensation received for employment, including self-employment, except for
1798     eligible amounts from approved rehabilitative employment in accordance with Section
1799     49-21-406.
1800          (3) The monthly disability benefit shall be reduced by any amount in excess of
1801     one-third of the eligible employee's regular monthly salary received by, or payable to, the
1802     eligible employee from the following sources for the same period of time during which the
1803     eligible employee is entitled to receive a monthly disability benefit:
1804          (a) any retirement payment earned through or provided by public or private
1805     employment; and
1806          (b) any disability benefit, other than social security or workers' compensation
1807     indemnity benefits, resulting from the disability for which benefits are being received under
1808     this chapter.
1809          (4) After the date of disability, cost-of-living increases to any of the benefits listed in
1810     Subsection (2) or (3) may not be considered in calculating a reduction to the monthly disability

1811     benefit.
1812          (5) Any amounts payable to the eligible employee from one or more of the sources
1813     under Subsection (2) are considered as amounts received whether or not the amounts were
1814     actually received by the eligible employee.
1815          (6) (a) An eligible employee shall first apply for all disability benefits from
1816     governmental entities under Subsection (2) to which the eligible employee is or may be
1817     entitled, and provide to the office evidence of the applications.
1818          (b) If the eligible employee fails to make application under this Subsection (6), the
1819     monthly disability benefit shall be suspended.
1820          (7) During a period of total disability, an eligible employee has an affirmative duty to
1821     keep the program informed regarding:
1822          (a) the award or receipt of an amount from a source that could result in the monthly
1823     disability benefit being reduced or reimbursed under this section within 10 days of the award or
1824     receipt of the amount; and
1825          (b) any employment, including self-employment, of the eligible employee and the
1826     compensation for that employment within 10 days of beginning the employment or a material
1827     change in the compensation from that employment.
1828          (8) The program shall use commercially reasonable means to collect any amounts of
1829     overpayments and reimbursements.
1830          (9) (a) If the program is unable to reduce or obtain reimbursement for the required
1831     amount from the monthly disability benefit for any reason, the employee will have received an
1832     overpayment of monthly disability benefits.
1833          (b) If an eligible employee receives an overpayment of monthly disability benefits, the
1834     eligible employee shall repay to the office the amount of the overpayment, plus interest as
1835     determined by the program, within 30 days from the date the overpayment is received by:
1836          (i) the eligible employee; or
1837          (ii) a third party related to the eligible employee.

1838          (c) The executive director may waive the interest on an overpayment of monthly
1839     disability benefits under Subsection (9)(b) if good cause is shown for the delay in repayment of
1840     the overpayment of monthly disability benefits.
1841          Section 37. Section 49-21-406 is amended to read:
1842          49-21-406. Rehabilitative employment -- Interview by disability specialist --
1843     Maintaining eligibility -- Additional treatment and care.
1844          (1) (a) If an eligible employee, during a period of total disability for which the monthly
1845     disability benefit is payable, engages in approved rehabilitative employment, the monthly
1846     disability benefit otherwise payable shall be reduced:
1847          (i) by an amount equal to 50% of the income to which the eligible employee is entitled
1848     for the employment during the month; and
1849          (ii) so that the combined amount received from the rehabilitative employment and the
1850     monthly disability payment does not exceed 100% of the eligible employee's monthly salary
1851     prior to the employee's disability.
1852          (b) This rehabilitative benefit is payable for up to two years or to the end of the
1853     maximum benefit period, whichever occurs first.
1854          (2) (a) Each eligible employee receiving a monthly disability benefit shall be
1855     interviewed by the office.
1856          (b) The office may refer the eligible employee to a rehabilitative or vocational
1857     specialist for a review of the eligible employee's condition and a written rehabilitation plan and
1858     return to work assistance.
1859          (3) If an eligible employee receiving a monthly disability benefit fails to participate in
1860     an office-approved rehabilitation program within the limitations set forth by a physician or
1861     physician assistant, the monthly disability benefit may be suspended or terminated.
1862          (4) The office may, as a condition of paying a monthly disability benefit, require that
1863     the eligible employee receive medical care and treatment if that treatment is reasonable or usual
1864     according to current medical practices.

1865          Section 38. Section 53-2a-302 is amended to read:
1866          53-2a-302. Definitions.
1867          As used in this part:
1868          (1) "Emergency responder":
1869          (a) means a person in the public or private sector:
1870          (i) who has special skills, qualification, training, knowledge, or experience, whether or
1871     not possessing a license, certificate, permit, or other official recognition for the skills,
1872     qualification, training, knowledge, or experience, that would benefit a participating political
1873     subdivision in responding to a locally declared emergency or in an authorized drill or exercise;
1874     and
1875          (ii) whom a participating political subdivision requests or authorizes to assist in
1876     responding to a locally declared emergency or in an authorized drill or exercise; and
1877          (b) includes:
1878          (i) a law enforcement officer;
1879          (ii) a firefighter;
1880          (iii) an emergency medical services worker;
1881          (iv) a physician, physician assistant, nurse, or other public health worker;
1882          (v) an emergency management official;
1883          (vi) a public works worker;
1884          (vii) a building inspector;
1885          (viii) an architect, engineer, or other design professional; or
1886          (ix) a person with specialized equipment operations skills or training or with any other
1887     skills needed to provide aid in a declared emergency.
1888          (2) "Participating political subdivision" means each county, municipality, public safety
1889     district, and public safety interlocal entity that has not adopted a resolution under Section
1890     53-2a-306 withdrawing itself from the statewide mutual aid system.
1891          (3) "Public safety district" means a local district under Title 17B, Limited Purpose

1892     Local Government Entities - Local Districts, or special service district under Title 17D,
1893     Chapter 1, Special Service District Act, that provides public safety service.
1894          (4) "Public safety interlocal entity" means an interlocal entity under Title 11, Chapter
1895     13, Interlocal Cooperation Act, that provides public safety service.
1896          (5) "Public safety service" means a service provided to the public to protect life and
1897     property and includes fire protection, police protection, emergency medical service, and
1898     hazardous material response service.
1899          (6) "Requesting political subdivision" means a participating political subdivision that
1900     requests emergency assistance under Section 53-2a-207 from one or more other participating
1901     political subdivisions.
1902          (7) "Responding political subdivision" means a participating political subdivision that
1903     responds to a request under Section 53-2a-307 from a requesting political subdivision.
1904          (8) "State" means the state of Utah.
1905          (9) "Statewide mutual aid system" or "system" means the aggregate of all participating
1906     political subdivisions and the state.
1907          Section 39. Section 53-10-405 is amended to read:
1908          53-10-405. DNA specimen analysis -- Saliva sample to be obtained by agency --
1909     Blood sample to be drawn by professional.
1910          (1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
1911     53-10-404(5).
1912          (b) The sample shall be obtained in a professionally acceptable manner, using
1913     appropriate procedures to ensure the sample is adequate for DNA analysis.
1914          (2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
1915     following:
1916          (i) a physician;
1917          (ii) a physician assistant;
1918          [(ii)] (iii) a registered nurse;

1919          [(iii)] (iv) a licensed practical nurse;
1920          [(iv)] (v) a paramedic;
1921          [(v)] (vi) as provided in Subsection (2)(b), emergency medical service personnel other
1922     than paramedics; or
1923          [(vi)] (vii) a person with a valid permit issued by the Department of Health under
1924     Section 26-1-30.
1925          (b) The Department of Health may designate by rule, in accordance with Title 63G,
1926     Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
1927     as defined in Section 26-8a-102, are authorized to draw blood under Subsection [(2)(a)(v)]
1928     (2)(a)(vi), based on the type of license under Section 26-8a-302.
1929          (c) A person authorized by this section to draw a blood sample may not be held civilly
1930     liable for drawing a sample in a medically acceptable manner.
1931          (3) A test result or opinion based upon a test result regarding a DNA specimen may not
1932     be rendered inadmissible as evidence solely because of deviations from procedures adopted by
1933     the department that do not affect the reliability of the opinion or test result.
1934          (4) A DNA specimen is not required to be obtained if:
1935          (a) the court or the responsible agency confirms with the department that the
1936     department has previously received an adequate DNA specimen obtained from the person in
1937     accordance with this section; or
1938          (b) the court determines that obtaining a DNA specimen would create a substantial and
1939     unreasonable risk to the health of the person.
1940          Section 40. Section 53G-9-203 is amended to read:
1941          53G-9-203. Definitions -- School personnel -- Medical recommendations --
1942     Exceptions -- Penalties.
1943          (1) As used in this section:
1944          (a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
1945     mental health therapist.

1946          (b) "School personnel" means a school district or charter school employee, including a
1947     licensed, part-time, contract, or nonlicensed employee.
1948          (2) School personnel may:
1949          (a) provide information and observations to a student's parent or guardian about that
1950     student, including observations and concerns in the following areas:
1951          (i) progress;
1952          (ii) health and wellness;
1953          (iii) social interactions;
1954          (iv) behavior; or
1955          (v) topics consistent with Subsection 53E-9-203(6);
1956          (b) communicate information and observations between school personnel regarding a
1957     child;
1958          (c) refer students to other appropriate school personnel and agents, consistent with
1959     local school board or charter school policy, including referrals and communication with a
1960     school counselor or other mental health professionals working within the school system;
1961          (d) consult or use appropriate health care professionals in the event of an emergency
1962     while the student is at school, consistent with the student emergency information provided at
1963     student enrollment;
1964          (e) exercise their authority relating to the placement within the school or readmission
1965     of a child who may be or has been suspended or expelled for a violation of Section 53G-8-205;
1966     and
1967          (f) complete a behavioral health evaluation form if requested by a student's parent or
1968     guardian to provide information to a licensed physician or physician assistant.
1969          (3) School personnel shall:
1970          (a) report suspected child abuse consistent with Section 62A-4a-403;
1971          (b) comply with applicable state and local health department laws, rules, and policies;
1972     and

1973          (c) conduct evaluations and assessments consistent with the Individuals with
1974     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
1975          (4) Except as provided in Subsection (2), Subsection (6), and Section 53G-9-604,
1976     school personnel may not:
1977          (a) recommend to a parent or guardian that a child take or continue to take a
1978     psychotropic medication;
1979          (b) require that a student take or continue to take a psychotropic medication as a
1980     condition for attending school;
1981          (c) recommend that a parent or guardian seek or use a type of psychiatric or
1982     psychological treatment for a child;
1983          (d) conduct a psychiatric or behavioral health evaluation or mental health screening,
1984     test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
1985     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
1986     amendments; or
1987          (e) make a child abuse or neglect report to authorities, including the Division of Child
1988     and Family Services, solely or primarily on the basis that a parent or guardian refuses to
1989     consent to:
1990          (i) a psychiatric, psychological, or behavioral treatment for a child, including the
1991     administration of a psychotropic medication to a child; or
1992          (ii) a psychiatric or behavioral health evaluation of a child.
1993          (5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
1994     otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
1995     Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
1996     others.
1997          (6) Notwithstanding Subsection (4), a school counselor or other mental health
1998     professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
1999     Practice Act, or licensed through the State Board of Education, working within the school

2000     system may:
2001          (a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
2002          (b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
2003     a child;
2004          (c) conduct a psychiatric or behavioral health evaluation or mental health screening,
2005     test, evaluation, or assessment of a child in accordance with Section 53E-9-203; and
2006          (d) provide to a parent or guardian, upon the specific request of the parent or guardian,
2007     a list of three or more health care professionals or providers, including licensed physicians,
2008     physician assistants, psychologists, or other health specialists.
2009          (7) Local school boards or charter schools shall adopt a policy:
2010          (a) providing for training of appropriate school personnel on the provisions of this
2011     section; and
2012          (b) indicating that an intentional violation of this section is cause for disciplinary action
2013     consistent with local school board or charter school policy and under Section 53G-11-513.
2014          (8) Nothing in this section shall be interpreted as discouraging general communication
2015     not prohibited by this section between school personnel and a student's parent or guardian.
2016          Section 41. Section 53G-9-208 is amended to read:
2017          53G-9-208. Sunscreen -- Possession -- Administration -- Immunity.
2018          (1) As used in this section, "sunscreen" means a compound topically applied to prevent
2019     sunburn.
2020          (2) A public school shall permit a student, without a [parent or physician's] parent's
2021     physician's, or physician assistant's authorization, to possess or self-apply sunscreen that is
2022     regulated by the Food and Drug Administration.
2023          (3) If a student is unable to self-apply sunscreen, a volunteer school employee may
2024     apply the sunscreen on the student if the student's parent or legal guardian provides written
2025     consent for the assistance.
2026          (4) A volunteer school employee who applies sunscreen on a student in compliance

2027     with Subsection (3) and the volunteer school employee's employer are not liable for:
2028          (a) an adverse reaction suffered by the student as a result of having the sunscreen
2029     applied; or
2030          (b) discontinuing the application of the sunscreen at any time.
2031          Section 42. Section 53G-9-504 is amended to read:
2032          53G-9-504. Administration of glucagon -- Training of volunteer school personnel
2033     -- Authority to use glucagon -- Immunity from liability.
2034          (1) As used in this section, "glucagon authorization" means a signed statement from a
2035     parent or guardian of a student with diabetes:
2036          (a) certifying that glucagon has been prescribed for the student;
2037          (b) requesting that the student's public school identify and train school personnel who
2038     volunteer to be trained in the administration of glucagon in accordance with this section; and
2039          (c) authorizing the administration of glucagon in an emergency to the student in
2040     accordance with this section.
2041          (2) (a) A public school shall, within a reasonable time after receiving a glucagon
2042     authorization, train two or more school personnel who volunteer to be trained in the
2043     administration of glucagon, with training provided by the school nurse or another qualified,
2044     licensed medical professional.
2045          (b) A public school shall allow all willing school personnel to receive training in the
2046     administration of glucagon, and the school shall assist and may not obstruct the identification
2047     or training of volunteers under this Subsection (2).
2048          (c) The Utah Department of Health, in cooperation with the state superintendent of
2049     public instruction, shall design a glucagon authorization form to be used by public schools in
2050     accordance with this section.
2051          (3) (a) Training in the administration of glucagon shall include:
2052          (i) techniques for recognizing the symptoms that warrant the administration of
2053     glucagon;

2054          (ii) standards and procedures for the storage and use of glucagon;
2055          (iii) other emergency procedures, including calling the emergency 911 number and
2056     contacting, if possible, the student's parent or guardian; and
2057          (iv) written materials covering the information required under this Subsection (3).
2058          (b) A school shall retain for reference the written materials prepared in accordance with
2059     Subsection (3)(a)(iv).
2060          (4) A public school shall permit a student or school personnel to possess or store
2061     prescribed glucagon so that it will be available for administration in an emergency in
2062     accordance with this section.
2063          (5) (a) A person who has received training in accordance with this section may
2064     administer glucagon at a school or school activity to a student with a glucagon authorization if:
2065          (i) the student is exhibiting the symptoms that warrant the administration of glucagon;
2066     and
2067          (ii) a licensed health care professional is not immediately available.
2068          (b) A person who administers glucagon in accordance with Subsection (5)(a) shall
2069     direct a responsible person to call 911 and take other appropriate actions in accordance with the
2070     training materials retained under Subsection (3)(b).
2071          (6) School personnel who provide or receive training under this section and act in good
2072     faith are not liable in any civil or criminal action for any act taken or not taken under the
2073     authority of this section with respect to the administration of glucagon.
2074          (7) Section 53G-9-502 does not apply to the administration of glucagon in accordance
2075     with this section.
2076          (8) Section 53G-8-205 does not apply to the possession and administration of glucagon
2077     in accordance with this section.
2078          (9) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
2079     Professions, do not apply to a person licensed as a health professional under Title 58,
2080     Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist

2081     who, in good faith, trains nonlicensed volunteers to administer glucagon in accordance with
2082     this section.
2083          Section 43. Section 53G-9-505 is amended to read:
2084          53G-9-505. Trained school employee volunteers -- Administration of seizure
2085     rescue medication -- Exemptions from liability.
2086          (1) As used in this section:
2087          (a) "Prescribing health care professional" means:
2088          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
2089     Act;
2090          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
2091     Osteopathic Medical Practice Act;
2092          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2093     Practice Act; or
2094          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
2095     Assistant Act.
2096          (b) "Section 504 accommodation plan" means a plan developed pursuant to Section
2097     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
2098     an individual with a disability to ensure access to major life activities.
2099          (c) "Seizure rescue authorization" means a student's Section 504 accommodation plan
2100     that:
2101          (i) certifies that:
2102          (A) a prescribing health care professional has prescribed a seizure rescue medication
2103     for the student;
2104          (B) the student's parent or legal guardian has previously administered the student's
2105     seizure rescue medication in a nonmedically-supervised setting without a complication; and
2106          (C) the student has previously ceased having full body prolonged or convulsive seizure
2107     activity as a result of receiving the seizure rescue medication;

2108          (ii) describes the specific seizure rescue medication authorized for the student,
2109     including the indicated dose, and instructions for administration;
2110          (iii) requests that the student's public school identify and train school employees who
2111     are willing to volunteer to receive training to administer a seizure rescue medication in
2112     accordance with this section; and
2113          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
2114     medication in accordance with this section.
2115          (d) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
2116     health care professional, to be administered as described in a student's seizure rescue
2117     authorization, while the student experiences seizure activity.
2118          (ii) A seizure rescue medication does not include a medication administered
2119     intravenously or intramuscularly.
2120          (e) "Trained school employee volunteer" means an individual who:
2121          (i) is an employee of a public school where at least one student has a seizure rescue
2122     authorization;
2123          (ii) is at least 18 years old; and
2124          (iii) as described in this section:
2125          (A) volunteers to receive training in the administration of a seizure rescue medication;
2126          (B) completes a training program described in this section;
2127          (C) demonstrates competency on an assessment; and
2128          (D) completes annual refresher training each year that the individual intends to remain
2129     a trained school employee volunteer.
2130          (2) (a) The Department of Health shall, with input from the State Board of Education
2131     and a children's hospital, develop a training program for trained school employee volunteers in
2132     the administration of seizure rescue medications that includes:
2133          (i) techniques to recognize symptoms that warrant the administration of a seizure
2134     rescue medication;

2135          (ii) standards and procedures for the storage of a seizure rescue medication;
2136          (iii) procedures, in addition to administering a seizure rescue medication, in the event
2137     that a student requires administration of the seizure rescue medication, including:
2138          (A) calling 911; and
2139          (B) contacting the student's parent or legal guardian;
2140          (iv) an assessment to determine if an individual is competent to administer a seizure
2141     rescue medication;
2142          (v) an annual refresher training component; and
2143          (vi) written materials describing the information required under this Subsection (2)(a).
2144          (b) A public school shall retain for reference the written materials described in
2145     Subsection (2)(a)(vi).
2146          (c) The following individuals may provide the training described in Subsection (2)(a):
2147          (i) a school nurse; or
2148          (ii) a licensed heath care professional.
2149          (3) (a) A public school shall, after receiving a seizure rescue authorization:
2150          (i) inform school employees of the opportunity to be a school employee volunteer; and
2151          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
2152     volunteers, using the training program described in Subsection (2)(a).
2153          (b) A public school may not:
2154          (i) obstruct the identification or training of a trained school employee volunteer; or
2155          (ii) compel a school employee to become a trained school employee volunteer.
2156          (4) A trained school employee volunteer may possess or store a prescribed rescue
2157     seizure medication, in accordance with this section.
2158          (5) A trained school employee volunteer may administer a seizure rescue medication to
2159     a student with a seizure rescue authorization if:
2160          (a) the student is exhibiting a symptom, described on the student's seizure rescue
2161     authorization, that warrants the administration of a seizure rescue medication; and

2162          (b) a licensed health care professional is not immediately available to administer the
2163     seizure rescue medication.
2164          (6) A trained school employee volunteer who administers a seizure rescue medication
2165     shall direct an individual to call 911 and take other appropriate actions in accordance with the
2166     training described in Subsection (2).
2167          (7) A trained school employee volunteer who administers a seizure rescue medication
2168     in accordance with this section in good faith is not liable in a civil or criminal action for an act
2169     taken or not taken under this section.
2170          (8) Section 53G-9-502 does not apply to the administration of a seizure rescue
2171     medication.
2172          (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication
2173     in accordance with this section.
2174          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
2175     and Professions, do not apply to a person licensed as a health care professional under Title 58,
2176     Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist
2177     for, in good faith, training a nonlicensed school employee who volunteers to administer a
2178     seizure rescue medication in accordance with this section.
2179          (b) Allowing a trained school employee volunteer to administer a seizure rescue
2180     medication in accordance with this section does not constitute unlawful or inappropriate
2181     delegation under Title 58, Occupations and Professions.
2182          Section 44. Section 54-8b-10 is amended to read:
2183          54-8b-10. Imposing a surcharge to provide deaf, hard of hearing, and speech
2184     impaired individuals with telecommunication devices -- Definitions -- Procedures for
2185     establishing program -- Surcharge -- Administration and disposition of surcharge money.
2186          (1) As used in this section:
2187          (a) "Certified deaf, hard of hearing, or severely speech impaired individual" means any
2188     state resident who:

2189          (i) is so certified by:
2190          (A) a licensed physician;
2191          (B) a licensed physician assistant;
2192          [(B)] (C) an otolaryngologist;
2193          [(C)] (D) a speech language pathologist;
2194          [(D)] (E) an audiologist; or
2195          [(E)] (F) a qualified state agency; and
2196          (ii) qualifies for assistance under any low income public assistance program
2197     administered by a state agency.
2198          (b) "Certified interpreter" means a person who is a certified interpreter under Title
2199     35A, Chapter 13, Part 6, Interpreter Services for the Deaf and Hard of Hearing Act.
2200          (c) (i) "Telecommunication device" means any mechanical adaptation device that
2201     enables a deaf, hard of hearing, or severely speech impaired individual to use the telephone.
2202          (ii) "Telecommunication device" includes:
2203          (A) telecommunication devices for the deaf (TDD);
2204          (B) telephone amplifiers;
2205          (C) telephone signal devices;
2206          (D) artificial larynxes; and
2207          (E) adaptive equipment for TDD keyboard access.
2208          (2) The commission shall establish a program whereby a certified deaf, hard of hearing,
2209     or severely speech impaired customer of a telecommunications corporation that provides
2210     service through a local exchange or of a wireless telecommunications provider may obtain a
2211     telecommunication device capable of serving the customer at no charge to the customer beyond
2212     the rate for basic service.
2213          (3) (a) The program described in Subsection (2) shall provide a dual party relay system
2214     using third party intervention to connect a certified deaf, hard of hearing, or severely speech
2215     impaired individual with a normal hearing individual by way of telecommunication devices

2216     designed for that purpose.
2217          (b) The commission may, by rule, establish the type of telecommunications device to
2218     be provided to ensure functional equivalence.
2219           (4) The commission shall cover the costs of the program described in this section from
2220     the Universal Public Telecommunications Service Support Fund created in Section 54-8b-15.
2221          (5) In administering the program described in this section, the commission may use
2222     funds from the Universal Public Telecommunications Service Support Fund:
2223          (a) for the purchase, maintenance, repair, and distribution of telecommunication
2224     devices;
2225          (b) for the acquisition, operation, maintenance, and repair of a dual party relay system;
2226          (c) for the general administration of the program;
2227          (d) to train individuals in the use of telecommunications devices; and
2228          (e) to contract, in compliance with Title 63G, Chapter 6a, Utah Procurement Code,
2229     with:
2230          (i) an institution within the state system of higher education listed in Section
2231     53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
2232     certified interpreters; or
2233          (ii) the Utah State Office of Rehabilitation created in Section 35A-1-202 for a program
2234     that trains persons to qualify as certified interpreters.
2235          (6) The commission may create disbursement criteria and procedures by rule made
2236     under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for administering funds
2237     under Subsection (5).
2238          (7) The commission shall solicit advice, counsel, and physical assistance from deaf,
2239     hard of hearing, or severely speech impaired individuals and the organizations serving deaf,
2240     hard of hearing, or severely speech impaired individuals in the design and implementation of
2241     the program.
2242          Section 45. Section 58-1-307 is amended to read:

2243          58-1-307. Exemptions from licensure.
2244          (1) Except as otherwise provided by statute or rule, the following individuals may
2245     engage in the practice of their occupation or profession, subject to the stated circumstances and
2246     limitations, without being licensed under this title:
2247          (a) an individual serving in the armed forces of the United States, the United States
2248     Public Health Service, the United States Department of Veterans Affairs, or other federal
2249     agencies while engaged in activities regulated under this chapter as a part of employment with
2250     that federal agency if the individual holds a valid license to practice a regulated occupation or
2251     profession issued by any other state or jurisdiction recognized by the division;
2252          (b) a student engaged in activities constituting the practice of a regulated occupation or
2253     profession while in training in a recognized school approved by the division to the extent the
2254     activities are supervised by qualified faculty, staff, or designee and the activities are a defined
2255     part of the training program;
2256          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
2257     fellowship, apprenticeship, or on-the-job training program approved by the division while
2258     under the supervision of qualified individuals;
2259          (d) an individual residing in another state and licensed to practice a regulated
2260     occupation or profession in that state, who is called in for a consultation by an individual
2261     licensed in this state, and the services provided are limited to that consultation;
2262          (e) an individual who is invited by a recognized school, association, society, or other
2263     body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
2264     regulated occupation or profession if the individual does not establish a place of business or
2265     regularly engage in the practice of the regulated occupation or profession in this state;
2266          (f) an individual licensed under the laws of this state, other than under this title, to
2267     practice or engage in an occupation or profession, while engaged in the lawful, professional,
2268     and competent practice of that occupation or profession;
2269          (g) an individual licensed in a health care profession in another state who performs that

2270     profession while attending to the immediate needs of a patient for a reasonable period during
2271     which the patient is being transported from outside of this state, into this state, or through this
2272     state;
2273          (h) an individual licensed in another state or country who is in this state temporarily to
2274     attend to the needs of an athletic team or group, except that the practitioner may only attend to
2275     the needs of the athletic team or group, including all individuals who travel with the team or
2276     group in any capacity except as a spectator;
2277          (i) an individual licensed and in good standing in another state, who is in this state:
2278          (i) temporarily, under the invitation and control of a sponsoring entity;
2279          (ii) for a reason associated with a special purpose event, based upon needs that may
2280     exceed the ability of this state to address through its licensees, as determined by the division;
2281     and
2282          (iii) for a limited period of time not to exceed the duration of that event, together with
2283     any necessary preparatory and conclusionary periods; and
2284          (j) the spouse of an individual serving in the armed forces of the United States while
2285     the individual is stationed within this state, provided:
2286          (i) the spouse holds a valid license to practice a regulated occupation or profession
2287     issued by any other state or jurisdiction recognized by the division; and
2288          (ii) the license is current and the spouse is in good standing in the state of licensure.
2289          (2) (a) A practitioner temporarily in this state who is exempted from licensure under
2290     Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
2291     practitioner derives authority to practice.
2292          (b) Violation of a limitation imposed by this section constitutes grounds for removal of
2293     exempt status, denial of license, or other disciplinary proceedings.
2294          (3) An individual who is licensed under a specific chapter of this title to practice or
2295     engage in an occupation or profession may engage in the lawful, professional, and competent
2296     practice of that occupation or profession without additional licensure under other chapters of

2297     this title, except as otherwise provided by this title.
2298          (4) Upon the declaration of a national, state, or local emergency, a public health
2299     emergency as defined in Section 26-23b-102, or a declaration by the president of the United
2300     States or other federal official requesting public health-related activities, the division in
2301     collaboration with the board may:
2302          (a) suspend the requirements for permanent or temporary licensure of individuals who
2303     are licensed in another state for the duration of the emergency while engaged in the scope of
2304     practice for which they are licensed in the other state;
2305          (b) modify, under the circumstances described in this Subsection (4) and Subsection
2306     (5), the scope of practice restrictions under this title for individuals who are licensed under this
2307     title as:
2308          (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
2309     Osteopathic Medical Practice Act;
2310          (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
2311     Compact;
2312          (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
2313          (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
2314     Pharmacy Practice Act;
2315          (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
2316          (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
2317     Practice Act; and
2318          (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
2319          (c) suspend the requirements for licensure under this title and modify the scope of
2320     practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
2321     services personnel or paramedics required to be licensed under Section 26-8a-302;
2322          (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
2323     certain prescriptive procedures;

2324          (e) exempt or modify the requirement for licensure of an individual who is activated as
2325     a member of a medical reserve corps during a time of emergency as provided in Section
2326     26A-1-126; and
2327          (f) exempt or modify the requirement for licensure of an individual who is registered as
2328     a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
2329     Volunteer Health Practitioners Act.
2330          (5) Individuals exempt under Subsection (4)(c) and individuals operating under
2331     modified scope of practice provisions under Subsection (4)(b):
2332          (a) are exempt from licensure or subject to modified scope of practice for the duration
2333     of the emergency;
2334          (b) must be engaged in the distribution of medicines or medical devices in response to
2335     the emergency or declaration; and
2336          (c) must be employed by or volunteering for:
2337          (i) a local or state department of health; or
2338          (ii) a host entity as defined in Section 26-49-102.
2339          (6) In accordance with the protocols established under Subsection (8), upon the
2340     declaration of a national, state, or local emergency, the Department of Health or a local health
2341     department shall coordinate with public safety authorities as defined in Subsection
2342     26-23b-110(1) and may:
2343          (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
2344     controlled substance to prevent or treat a disease or condition that gave rise to, or was a
2345     consequence of, the emergency; or
2346          (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
2347     a controlled substance:
2348          (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
2349     pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
2350     is exhausted; or

2351          (ii) for dispensing or direct administration to treat the disease or condition that gave
2352     rise to, or was a consequence of, the emergency by:
2353          (A) a pharmacy;
2354          (B) a prescribing practitioner;
2355          (C) a licensed health care facility;
2356          (D) a federally qualified community health clinic; or
2357          (E) a governmental entity for use by a community more than 50 miles from a person
2358     described in Subsections (6)(b)(ii)(A) through (D).
2359          (7) In accordance with protocols established under Subsection (8), upon the declaration
2360     of a national, state, or local emergency, the Department of Health shall coordinate the
2361     distribution of medications:
2362          (a) received from the strategic national stockpile to local health departments; and
2363          (b) from local health departments to emergency personnel within the local health
2364     departments' geographic region.
2365          (8) The Department of Health shall establish by rule, made in accordance with Title
2366     63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
2367     and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
2368     not a controlled substance in the event of a declaration of a national, state, or local emergency.
2369     The protocol shall establish procedures for the Department of Health or a local health
2370     department to:
2371          (a) coordinate the distribution of:
2372          (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
2373     controlled substance received by the Department of Health from the strategic national stockpile
2374     to local health departments; and
2375          (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
2376     medication received by a local health department to emergency personnel within the local
2377     health department's geographic region;

2378          (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
2379     an antibiotic, or other prescription medication that is not a controlled substance to the contact
2380     of a patient without a patient-practitioner relationship, if the contact's condition is the same as
2381     that of the physician's or physician assistant's patient; and
2382          (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
2383     an antibiotic, or other non-controlled prescription medication to an individual who:
2384          (i) is working in a triage situation;
2385          (ii) is receiving preventative or medical treatment in a triage situation;
2386          (iii) does not have coverage for the prescription in the individual's health insurance
2387     plan;
2388          (iv) is involved in the delivery of medical or other emergency services in response to
2389     the declared national, state, or local emergency; or
2390          (v) otherwise has a direct impact on public health.
2391          (9) The Department of Health shall give notice to the division upon implementation of
2392     the protocol established under Subsection (8).
2393          Section 46. Section 58-41-4 is amended to read:
2394          58-41-4. Exemptions from chapter.
2395          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2396     persons may engage in the practice of speech-language pathology and audiology subject to the
2397     stated circumstances and limitations without being licensed under this chapter:
2398          (a) a qualified person licensed in this state under any law existing in this state prior to
2399     May 13, 1975, [from] engaging in the profession for which he is licensed;
2400          (b) a medical doctor, physician, physician assistant, or surgeon licensed in this state,
2401     [from] engaging in his or her specialty in the practice of medicine;
2402          (c) a hearing aid dealer or salesman from selling, fitting, adjusting, and repairing
2403     hearing aids, and conducting hearing tests solely for that purpose. However, a hearing aid
2404     dealer may not conduct audiologic testing on persons under the age of 18 years except under

2405     the direct supervision of an audiologist licensed under this chapter;
2406          (d) a person who has obtained a valid and current credential issued by the State Board
2407     of Education while performing specifically the functions of a speech-language pathologist or
2408     audiologist, in no way in his own interest, solely within the confines of and under the direction
2409     and jurisdiction of and only in the academic interest of the schools by which employed in this
2410     state;
2411          (e) a person employed as a speech-language pathologist or audiologist by federal
2412     government agencies or subdivisions or, prior to July 1, 1989, by state or local government
2413     agencies or subdivisions, while specifically performing speech-language pathology or
2414     audiology services in no way in his own interest, solely within the confines of and under the
2415     direction and jurisdiction of and in the specific interest of that agency or subdivision;
2416          (f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
2417     monetary or other compensation, without being licensed; however, such person may elect to be
2418     subject to the requirements of this chapter;
2419          (g) a person employed by accredited colleges or universities as a speech-language
2420     pathologist or audiologist from performing the services or functions described in this chapter
2421     when they are:
2422          (i) performed solely as an assigned teaching function of employment;
2423          (ii) solely in academic interest and pursuit as a function of that employment;
2424          (iii) in no way for their own interest; and
2425          (iv) provided for no fee, monetary or otherwise, other than their agreed institutional
2426     salary;
2427          (h) a person pursuing a course of study leading to a degree in speech-language
2428     pathology or audiology while enrolled in an accredited college or university, provided those
2429     activities constitute an assigned, directed, and supervised part of his curricular study, and in no
2430     other interest, and that all examinations, tests, histories, charts, progress notes, reports,
2431     correspondence, and all documents and records which he produces be identified clearly as

2432     having been conducted and prepared by a student in training and that such a person is
2433     obviously identified and designated by appropriate title clearly indicating the training status
2434     and provided that he does not hold himself out directly or indirectly as being qualified to
2435     practice independently;
2436          (i) a person trained in elementary audiometry and qualified to perform basic
2437     audiometric tests while employed by a licensed medical doctor to perform solely for him while
2438     under his direct supervision, the elementary conventional audiometric tests of air conduction
2439     screening, air conduction threshold testing, and tympanometry;
2440          (j) a person while performing as a speech-language pathologist or audiologist for the
2441     purpose of obtaining required professional experience under the provisions of this chapter, if he
2442     meets all training requirements and is professionally responsible to and under the supervision
2443     of a speech-language pathologist or audiologist who holds the CCC or a state license in
2444     speech-language pathology or audiology. This provision is applicable only during the time that
2445     person is obtaining the required professional experience;
2446          (k) a corporation, partnership, trust, association, group practice, or like organization
2447     engaging in speech-language pathology or audiology services without certification or license, if
2448     it acts only through employees or consists only of persons who are licensed under this chapter;
2449          (l) performance of speech-language pathology or audiology services in this state by a
2450     speech-language pathologist or audiologist who is not a resident of this state and is not licensed
2451     under this chapter if those services are performed for no more than one month in any calendar
2452     year in association with a speech-language pathologist or audiologist licensed under this
2453     chapter, and if that person meets the qualifications and requirements for application for
2454     licensure described in Section 58-41-5; and
2455          (m) a person certified under Title 53E, Public Education System -- State
2456     Administration, as a teacher of the deaf, from providing the services or performing the
2457     functions he is certified to perform.
2458          (2) No person is exempt from the requirements of this chapter who performs or

2459     provides any services as a speech-language pathologist or audiologist for which a fee, salary,
2460     bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
2461     engages any part of his professional work for a fee practicing in conjunction with, by
2462     permission of, or apart from his position of employment as speech-language pathologist or
2463     audiologist in any branch or subdivision of local, state, or federal government or as otherwise
2464     identified in this section.
2465          Section 47. Section 58-46a-305 is amended to read:
2466          58-46a-305. Exemptions from licensure.
2467          In addition to the exemptions from licensure in Section 58-1-307, the following persons
2468     may engage in acts and practices included within the definition of practice as a hearing
2469     instrument specialist or hearing instrument intern, subject to their professional licensure
2470     authorization and restrictions, without being licensed under this chapter:
2471          (1) an audiologist licensed under the provisions of [Title 58,] Chapter 41,
2472     Speech-Language Pathology and Audiology Licensing Act; [and]
2473          (2) a physician and surgeon licensed under the provisions of [Title 58,] Chapter 67,
2474     Utah Medical Practice Act, or osteopathic physician licensed under the provisions of [Title 58,]
2475     Chapter 68, Utah Osteopathic Medical Practice Act[.]; and
2476          (3) a physician assistant licensed under the provisions of Chapter 70a, Utah Physician
2477     Assistant Act.
2478          Section 48. Section 58-46a-502 is amended to read:
2479          58-46a-502. Additional requirements for practicing as a hearing instrument
2480     specialist.
2481          A person engaging in the practice of a hearing instrument specialist shall:
2482          (1) have a regular place or places of business from which the person conducts business
2483     as a hearing instrument specialist and the place or places of business shall be represented to a
2484     patient and others with whom business is conducted by the street address at which the place of
2485     business is located;

2486          (2) include in all advertising or other representation the street address at which the
2487     business is located and the telephone number of the business at that street address;
2488          (3) provide as part of each transaction between a licensee and a patient related to
2489     testing for hearing loss and selling of a hearing instrument written documentation provided to
2490     the patient that includes:
2491          (a) identification of all services and products provided to the patient by the hearing
2492     instrument specialist and the charges for each service or product;
2493          (b) a statement whether any hearing instrument provided to a patient is "new," "used,"
2494     or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to
2495     each instrument; and
2496          (c) the identity and license number of each hearing instrument specialist or hearing
2497     instrument intern who provided services or products to the patient;
2498          (4) before providing services or products to a patient:
2499          (a) advise the patient regarding services and products offered to the patient, including
2500     the expected results of the services and products;
2501          (b) inform each patient who is being offered a hearing instrument about hearing
2502     instruments that work with assistive listening systems that are compliant with the ADA
2503     Standards for Accessible Design adopted by the United States Department of Justice in
2504     accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and
2505          (c) obtain written informed consent from the patient regarding offered services,
2506     products, and the expected results of the services and products in a form approved by the
2507     division in collaboration with the board;
2508          (5) refer all individuals under the age of 18 who seek testing of hearing to a physician
2509     or surgeon, osteopathic physician, physician assistant, or audiologist, licensed under the
2510     provisions of [Title 58, Occupations and Professions] this title, and shall dispense a hearing aid
2511     to that individual only on prescription of a physician or surgeon, osteopathic physician,
2512     physician assistant, or audiologist;

2513          (6) obtain the patient's informed consent and agreement to purchase the hearing
2514     instrument based on that informed consent either by the hearing instrument specialist or the
2515     hearing instrument intern, before designating an appropriate hearing instrument; and
2516          (7) if a hearing instrument does not substantially enhance the patient's hearing
2517     consistent with the representations of the hearing instrument specialist at the time informed
2518     consent was given prior to the sale and fitting of the hearing instrument, provide:
2519          (a) necessary intervention to produce satisfactory hearing recovery results consistent
2520     with representations made; or
2521          (b) for the refund of fees paid by the patient for the hearing instrument to the hearing
2522     instrument specialist within a reasonable time after finding that the hearing instrument does not
2523     substantially enhance the patient's hearing.
2524          Section 49. Section 58-47b-304 is amended to read:
2525          58-47b-304. Exemptions from licensure.
2526          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2527     individuals may engage in the practice of massage therapy as defined under this chapter,
2528     subject to the stated circumstances and limitations, without being licensed, but may not
2529     represent themselves as a massage therapist or massage apprentice:
2530          (a) a physician or surgeon licensed under [Title 58,] Chapter 67, Utah Medical Practice
2531     Act;
2532          (b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
2533          [(b)] (c) a nurse licensed under [Title 58,] Chapter 31b, Nurse Practice Act, or under
2534     [Title 58,] Chapter 44a, Nurse Midwife Practice Act;
2535          [(c)] (d) a physical therapist licensed under [Title 58,] Chapter 24b, Physical Therapy
2536     Practice Act;
2537          [(d)] (e) a physical therapist assistant licensed under [Title 58,] Chapter 24b, Physical
2538     Therapy Practice Act, while under the general supervision of a physical therapist;
2539          [(e)] (f) an osteopathic physician or surgeon licensed under [Title 58,] Chapter 68,

2540     Utah Osteopathic Medical Practice Act;
2541          [(f)] (g) a chiropractic physician licensed under [Title 58,] Chapter 73, Chiropractic
2542     Physician Practice Act;
2543          [(g)] (h) a hospital staff member employed by a hospital, who practices massage as part
2544     of the staff member's responsibilities;
2545          [(h)] (i) an athletic trainer licensed under [Title 58,] Chapter 40a, Athletic Trainer
2546     Licensing Act;
2547          [(i)] (j) a student in training enrolled in a massage therapy school approved by the
2548     division;
2549          [(j)] (k) a naturopathic physician licensed under [Title 58,] Chapter 71, Naturopathic
2550     Physician Practice Act;
2551          [(k)] (l) an occupational therapist licensed under [Title 58,] Chapter 42a, Occupational
2552     Therapy Practice Act;
2553          [(l)] (m) an individual performing gratuitous massage; and
2554          [(m)] (n) an individual:
2555          (i) certified by or through, and in good standing with, an industry organization that is
2556     recognized by the division, and that represents a profession with established standards and
2557     ethics;
2558          (ii) (A) who limits the manipulation of the soft tissues of the body to the hands, feet,
2559     and outer ears only, including the practice of reflexology and foot zone therapy; or
2560          (B) who is certified to practice ortho-bionomy and whose practice is limited to the
2561     scope of practice of ortho-bionomy;
2562          (iii) whose clients remain fully clothed from the shoulders to the knees; and
2563          (iv) whose clients do not receive gratuitous massage from the individual.
2564          (2) This chapter may not be construed to authorize any individual licensed under this
2565     chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
2566          (3) This chapter may not be construed to:

2567          (a) require insurance coverage or reimbursement for massage therapy from third party
2568     payors; or
2569          (b) prevent an insurance carrier from offering coverage for massage therapy.
2570          Section 50. Section 58-70a-101 is amended to read:
2571     
CHAPTER 70a. UTAH PHYSICIAN ASSISTANT ACT

2572     
Part 1. General Provisions

2573          58-70a-101. Title.
2574          This chapter is known as the "Utah Physician Assistant Act."
2575          Section 51. Section 58-70a-305 is amended to read:
2576          58-70a-305. Exemptions from licensure.
2577          In addition to the exemptions from licensure in Section 58-1-307, the following persons
2578     may engage in acts included within the definition of practice as a physician assistant, subject to
2579     the stated circumstances and limitations, without being licensed under this chapter:
2580          (1) a student enrolled in an accredited physician assistant education program while
2581     engaged in activities as a physician assistant:
2582          (a) that are a part of the education program;
2583          (b) that are conducted at an affiliated medical facility under the direct supervision of a:
2584          (i) physician associated with the program; or
2585          (ii) licensed physician assistant[, at the request of the supervising physician and on a
2586     temporary basis, as defined by rule] associated with the medical faculty;
2587          (c) for which the program accepts in writing the responsibility for the student; and
2588          (2) a "medical assistant," as defined in Sections 58-67-102 and 58-68-102, who:
2589          (a) does not diagnose, advise, independently treat, or prescribe to or on behalf of any
2590     person; and
2591          (b) for whom the supervising physician accepts responsibility.
2592          Section 52. Section 58-75-304 is amended to read:
2593          58-75-304. Exemptions from licensure.

2594          In addition to the exemptions from licensure set forth in Section 58-1-307, the
2595     following persons may engage in the practice of genetic counseling subject to the stated
2596     circumstances and limitations without being licensed under this chapter:
2597          (1) an individual licensed as a physician and surgeon or osteopathic physician and
2598     surgeon under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
2599     Medical Practice Act; [and]
2600          (2) a commissioned physician or surgeon serving in the armed forces of the United
2601     States or other federal agency[.]; and
2602          (3) an individual licensed as a physician assistant under Chapter 70a, Utah Physician
2603     Assistant Act.
2604          Section 53. Section 62A-4a-406 is amended to read:
2605          62A-4a-406. Photographs.
2606          (1) Any physician, surgeon, physician assistant, medical examiner, peace officer, law
2607     enforcement official, or public health officer or official may take photographs of the areas of
2608     trauma visible on a child and, if medically indicated, perform radiological examinations.
2609          (2) Photographs may be taken of the premises or of objects relevant to a reported
2610     circumstance of abuse or neglect.
2611          (3) Photographs or X-rays, and all other medical records pertinent to an investigation
2612     for abuse or neglect shall be made available to the division, law enforcement officials, and the
2613     court.
2614          Section 54. Section 63G-2-202 is amended to read:
2615          63G-2-202. Access to private, controlled, and protected documents.
2616          (1) Except as provided in Subsection (11)(a), a governmental entity:
2617           (a) shall, upon request, disclose a private record to:
2618          (i) the subject of the record;
2619          (ii) the parent or legal guardian of an unemancipated minor who is the subject of the
2620     record;

2621          (iii) the legal guardian of a legally incapacitated individual who is the subject of the
2622     record;
2623          (iv) any other individual who:
2624          (A) has a power of attorney from the subject of the record;
2625          (B) submits a notarized release from the subject of the record or the individual's legal
2626     representative dated no more than 90 days before the date the request is made; or
2627          (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
2628     health care provider, as defined in Section 26-33a-102, if releasing the record or information in
2629     the record is consistent with normal professional practice and medical ethics; or
2630          (v) any person to whom the record must be provided pursuant to:
2631          (A) court order as provided in Subsection (7); or
2632          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2633     Powers; and
2634          (b) may disclose a private record described in Subsection 63G-2-302(1)(j) or (k),
2635     without complying with Section 63G-2-206, to another governmental entity for a purpose
2636     related to:
2637          (i) voter registration; or
2638          (ii) the administration of an election.
2639          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
2640          (i) a physician, physician assistant, psychologist, certified social worker, insurance
2641     provider or producer, or a government public health agency upon submission of:
2642          (A) a release from the subject of the record that is dated no more than 90 days prior to
2643     the date the request is made; and
2644          (B) a signed acknowledgment of the terms of disclosure of controlled information as
2645     provided by Subsection (2)(b); and
2646          (ii) any person to whom the record must be disclosed pursuant to:
2647          (A) a court order as provided in Subsection (7); or

2648          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2649     Powers.
2650          (b) A person who receives a record from a governmental entity in accordance with
2651     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
2652     including the subject of the record.
2653          (3) If there is more than one subject of a private or controlled record, the portion of the
2654     record that pertains to another subject shall be segregated from the portion that the requester is
2655     entitled to inspect.
2656          (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
2657     entity shall disclose a protected record to:
2658          (a) the person that submitted the record;
2659          (b) any other individual who:
2660          (i) has a power of attorney from all persons, governmental entities, or political
2661     subdivisions whose interests were sought to be protected by the protected classification; or
2662          (ii) submits a notarized release from all persons, governmental entities, or political
2663     subdivisions whose interests were sought to be protected by the protected classification or from
2664     their legal representatives dated no more than 90 days prior to the date the request is made;
2665          (c) any person to whom the record must be provided pursuant to:
2666          (i) a court order as provided in Subsection (7); or
2667          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2668     Powers; or
2669          (d) the owner of a mobile home park, subject to the conditions of Subsection
2670     41-1a-116(5).
2671          (5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
2672     private, controlled, or protected record to another governmental entity, political subdivision,
2673     state, the United States, or a foreign government only as provided by Section 63G-2-206.
2674          (6) Before releasing a private, controlled, or protected record, the governmental entity

2675     shall obtain evidence of the requester's identity.
2676          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
2677     signed by a judge from a court of competent jurisdiction, provided that:
2678          (a) the record deals with a matter in controversy over which the court has jurisdiction;
2679          (b) the court has considered the merits of the request for access to the record;
2680          (c) the court has considered and, where appropriate, limited the requester's use and
2681     further disclosure of the record in order to protect:
2682          (i) privacy interests in the case of private or controlled records;
2683          (ii) business confidentiality interests in the case of records protected under Subsection
2684     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
2685          (iii) privacy interests or the public interest in the case of other protected records;
2686          (d) to the extent the record is properly classified private, controlled, or protected, the
2687     interests favoring access, considering limitations thereon, are greater than or equal to the
2688     interests favoring restriction of access; and
2689          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
2690     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
2691          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
2692     authorize disclosure of private or controlled records for research purposes if the governmental
2693     entity:
2694          (i) determines that the research purpose cannot reasonably be accomplished without
2695     use or disclosure of the information to the researcher in individually identifiable form;
2696          (ii) determines that:
2697          (A) the proposed research is bona fide; and
2698          (B) the value of the research is greater than or equal to the infringement upon personal
2699     privacy;
2700          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
2701     the records; and

2702          (B) requires the removal or destruction of the individual identifiers associated with the
2703     records as soon as the purpose of the research project has been accomplished;
2704          (iv) prohibits the researcher from:
2705          (A) disclosing the record in individually identifiable form, except as provided in
2706     Subsection (8)(b); or
2707          (B) using the record for purposes other than the research approved by the governmental
2708     entity; and
2709          (v) secures from the researcher a written statement of the researcher's understanding of
2710     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
2711     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
2712     under Section 63G-2-801.
2713          (b) A researcher may disclose a record in individually identifiable form if the record is
2714     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
2715     or disclosure of the record in individually identifiable form will be made by the auditor or
2716     evaluator except as provided by this section.
2717          (c) A governmental entity may require indemnification as a condition of permitting
2718     research under this Subsection (8).
2719          (d) A governmental entity may not disclose or authorize disclosure of a private record
2720     for research purposes as described in this Subsection (8) if the private record is a record
2721     described in Subsection 63G-2-302(1)(u).
2722          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
2723     may disclose to persons other than those specified in this section records that are:
2724          (i) private under Section 63G-2-302; or
2725          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
2726     business confidentiality has been made under Section 63G-2-309.
2727          (b) Under Subsection 63G-2-403(11)(b), the records committee may require the
2728     disclosure to persons other than those specified in this section of records that are:

2729          (i) private under Section 63G-2-302;
2730          (ii) controlled under Section 63G-2-304; or
2731          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
2732     business confidentiality has been made under Section 63G-2-309.
2733          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
2734     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
2735     under Section 63G-2-305 to persons other than those specified in this section.
2736          (10) A record contained in the Management Information System, created in Section
2737     62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
2738     disclosed to any person except the person who is alleged in the report to be a perpetrator of
2739     abuse, neglect, or dependency.
2740          (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
2741     disclosed as provided in Subsection (1)(e).
2742          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
2743     as provided in Subsection (4)(c) or Section 62A-3-312.
2744          (12) (a) A private, protected, or controlled record described in Section 62A-16-301
2745     shall be disclosed as required under:
2746          (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
2747          (ii) Subsections 62A-16-302(1) and (6).
2748          (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
2749     protected, or controlled.
2750          Section 55. Section 63N-10-102 is amended to read:
2751          63N-10-102. Definitions.
2752          As used in this chapter:
2753          (1) "Bodily injury" has the same meaning as defined in Section 76-1-601.
2754          (2) "Boxing" means the sport of attack and defense using the fist, which is covered by
2755     an approved boxing glove.

2756          (3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
2757     charged or not, where:
2758          (i) the rules of the contest are not approved by the commission;
2759          (ii) a licensed physician [or], osteopath, or physician assistant approved by the
2760     commission is not in attendance;
2761          (iii) a correct HIV negative test regarding each contestant has not been provided to the
2762     commission;
2763          (iv) the contest is not conducted in accordance with commission rules; or
2764          (v) the contestants are not matched by the weight standards established in accordance
2765     with Section 63N-10-316.
2766          (b) "Club fighting" does not include sparring if:
2767          (i) it is conducted for training purposes;
2768          (ii) no tickets are sold to spectators;
2769          (iii) no concessions are available for spectators;
2770          (iv) protective clothing, including protective headgear, a mouthguard, and a protective
2771     cup, is worn; and
2772          (v) for boxing, 16 ounce boxing gloves are worn.
2773          (4) "Commission" means the Pete Suazo Utah Athletic Commission created by this
2774     chapter.
2775          (5) "Contest" means a live match, performance, or exhibition involving two or more
2776     persons engaged in unarmed combat.
2777          (6) "Contestant" means an individual who participates in a contest.
2778          (7) "Designated commission member" means a member of the commission designated
2779     to:
2780          (a) attend and supervise a particular contest; and
2781          (b) act on the behalf of the commission at a contest venue.
2782          (8) "Director" means the director appointed by the commission.

2783          (9) "Elimination unarmed combat contest" means a contest where:
2784          (a) a number of contestants participate in a tournament;
2785          (b) the duration is not more than 48 hours; and
2786          (c) the loser of each contest is eliminated from further competition.
2787          (10) "Exhibition" means an engagement in which the participants show or display their
2788     skills without necessarily striving to win.
2789          (11) "Judge" means an individual qualified by training or experience to:
2790          (a) rate the performance of contestants;
2791          (b) score a contest; and
2792          (c) determine with other judges whether there is a winner of the contest or whether the
2793     contestants performed equally, resulting in a draw.
2794          (12) "Licensee" means an individual licensed by the commission to act as a:
2795          (a) contestant;
2796          (b) judge;
2797          (c) manager;
2798          (d) promoter;
2799          (e) referee;
2800          (f) second; or
2801          (g) other official established by the commission by rule.
2802          (13) "Manager" means an individual who represents a contestant for the purpose of:
2803          (a) obtaining a contest for a contestant;
2804          (b) negotiating terms and conditions of the contract under which the contestant will
2805     engage in a contest; or
2806          (c) arranging for a second for the contestant at a contest.
2807          (14) "Promoter" means a person who engages in producing or staging contests and
2808     promotions.
2809          (15) "Promotion" means a single contest or a combination of contests that:

2810          (a) occur during the same time and at the same location; and
2811          (b) is produced or staged by a promoter.
2812          (16) "Purse" means any money, prize, remuneration, or any other valuable
2813     consideration a contestant receives or may receive for participation in a contest.
2814          (17) "Referee" means an individual qualified by training or experience to act as the
2815     official attending a contest at the point of contact between contestants for the purpose of:
2816          (a) enforcing the rules relating to the contest;
2817          (b) stopping the contest in the event the health, safety, and welfare of a contestant or
2818     any other person in attendance at the contest is in jeopardy; and
2819          (c) acting as a judge if so designated by the commission.
2820          (18) "Round" means one of a number of individual time periods that, taken together,
2821     constitute a contest during which contestants are engaged in a form of unarmed combat.
2822          (19) "Second" means an individual who attends a contestant at the site of the contest
2823     before, during, and after the contest in accordance with contest rules.
2824          (20) "Serious bodily injury" has the same meaning as defined in Section 76-1-601.
2825          (21) "Total gross receipts" means the amount of the face value of all tickets sold to a
2826     particular contest plus any sums received as consideration for holding the contest at a particular
2827     location.
2828          (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
2829     charged, in which:
2830          (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
2831     hitting, punching, or other combative contact techniques;
2832          (b) contest rules incorporate a formalized system of combative techniques against
2833     which a contestant's performance is judged to determine the prevailing contestant;
2834          (c) contest rules divide nonchampionship contests into three equal and specified rounds
2835     of no more than five minutes per round with a rest period of one minute between each round;
2836          (d) contest rules divide championship contests into five equal and specified rounds of

2837     no more than five minutes per round with a rest period of one minute between each round; and
2838          (e) contest rules prohibit contestants from:
2839          (i) using anything that is not part of the human body, except for boxing gloves, to
2840     intentionally inflict serious bodily injury upon an opponent through direct contact or the
2841     expulsion of a projectile;
2842          (ii) striking a person who demonstrates an inability to protect himself from the
2843     advances of an opponent;
2844          (iii) biting; or
2845          (iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of
2846     the neck, and the rear area of the head and neck.
2847          (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
2848     blow is usually struck which may reasonably be expected to inflict bodily injury.
2849          (b) "Unarmed combat" does not include a competition or exhibition between
2850     participants in which the participants engage in simulated combat for entertainment purposes.
2851          (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
2852     which involves contestants that are not licensed under this chapter.
2853          (25) "Unprofessional conduct" means:
2854          (a) entering into a contract for a contest in bad faith;
2855          (b) participating in any sham or fake contest;
2856          (c) participating in a contest pursuant to a collusive understanding or agreement in
2857     which the contestant competes in or terminates the contest in a manner that is not based upon
2858     honest competition or the honest exhibition of the skill of the contestant;
2859          (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
2860     unsportsmanlike conduct in connection with a contest;
2861          (e) failing to comply with any limitation, restriction, or condition placed on a license;
2862          (f) striking of a downed opponent by a contestant while the contestant remains on the
2863     contestant's feet, unless the designated commission member or director has exempted the

2864     contest and each contestant from the prohibition on striking a downed opponent before the start
2865     of the contest;
2866          (g) after entering the ring or contest area, penetrating an area within four feet of an
2867     opponent by a contestant, manager, or second before the commencement of the contest; or
2868          (h) as further defined by rules made by the commission under Title 63G, Chapter 3,
2869     Utah Administrative Rulemaking Act.
2870          (26) "White-collar contest" means a contest conducted at a training facility where no
2871     alcohol is served in which:
2872          (a) for boxing:
2873          (i) neither contestant is or has been a licensed contestant in any state or an amateur
2874     registered with USA Boxing, Inc.;
2875          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
2876          (iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
2877     and for a female contestant a chestguard, is worn;
2878          (iv) 16 ounce boxing gloves are worn;
2879          (v) the contest is no longer than three rounds of no longer than three minutes each;
2880          (vi) no winner or loser is declared or recorded; and
2881          (vii) the contestants do not compete in a cage; and
2882          (b) for ultimate fighting:
2883          (i) neither contestant is or has been a licensed contestant in any state or an amateur
2884     registered with USA Boxing, Inc.;
2885          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
2886          (iii) protective clothing, including a protective mouthguard and a protective cup, is
2887     worn;
2888          (iv) downward elbow strikes are not allowed;
2889          (v) a contestant is not allowed to stand and strike a downed opponent;
2890          (vi) a closed-hand blow to the head is not allowed while either contestant is on the

2891     ground;
2892          (vii) the contest is no longer than three rounds of no longer than three minutes each;
2893     and
2894          (viii) no winner or loser is declared or recorded.
2895          Section 56. Section 63N-10-301 is amended to read:
2896          63N-10-301. Licensing.
2897          (1) A license is required for a person to act as or to represent that the person is:
2898          (a) a promoter;
2899          (b) a manager;
2900          (c) a contestant;
2901          (d) a second;
2902          (e) a referee;
2903          (f) a judge; or
2904          (g) another official established by the commission by rule.
2905          (2) The commission shall issue to a person who qualifies under this chapter a license in
2906     the classifications of:
2907          (a) promoter;
2908          (b) manager;
2909          (c) contestant;
2910          (d) second;
2911          (e) referee;
2912          (f) judge; or
2913          (g) another official who meets the requirements established by rule under Subsection
2914     (1)(g).
2915          (3) All money collected under this section and Sections 63N-10-304, 63N-10-307,
2916     63N-10-310, and 63N-10-313 shall be retained as dedicated credits to pay for commission
2917     expenses.

2918          (4) Each applicant for licensure as a promoter shall:
2919          (a) submit an application in a form prescribed by the commission;
2920          (b) pay the fee determined by the commission under Section 63J-1-504;
2921          (c) provide to the commission evidence of financial responsibility, which shall include
2922     financial statements and other information that the commission may reasonably require to
2923     determine that the applicant or licensee is able to competently perform as and meet the
2924     obligations of a promoter in this state;
2925          (d) make assurances that the applicant:
2926          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
2927     respect to the promotions the applicant is promoting;
2928          (ii) has not been found in a criminal or civil proceeding to have engaged in or
2929     attempted to engage in any fraud or misrepresentation in connection with a contest or any other
2930     sporting event; and
2931          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
2932     to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
2933     to the regulation of contests in this state or any other jurisdiction;
2934          (e) acknowledge in writing to the commission receipt, understanding, and intent to
2935     comply with this chapter and the rules made under this chapter; and
2936          (f) if requested by the commission or the director, meet with the commission or the
2937     director to examine the applicant's qualifications for licensure.
2938          (5) Each applicant for licensure as a contestant shall:
2939          (a) be not less than 18 years of age at the time the application is submitted to the
2940     commission;
2941          (b) submit an application in a form prescribed by the commission;
2942          (c) pay the fee established by the commission under Section 63J-1-504;
2943          (d) provide a certificate of physical examination, dated not more than 60 days prior to
2944     the date of application for licensure, in a form provided by the commission, completed by a

2945     licensed physician and surgeon or physician assistant certifying that the applicant is free from
2946     any physical or mental condition that indicates the applicant should not engage in activity as a
2947     contestant;
2948          (e) make assurances that the applicant:
2949          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
2950     respect to a contest in which the applicant will participate;
2951          (ii) has not been found in a criminal or civil proceeding to have engaged in or
2952     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
2953     any other sporting event; and
2954          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
2955     to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
2956     to the regulation of contests in this state or any other jurisdiction;
2957          (f) acknowledge in writing to the commission receipt, understanding, and intent to
2958     comply with this chapter and the rules made under this chapter; and
2959          (g) if requested by the commission or the director, meet with the commission or the
2960     director to examine the applicant's qualifications for licensure.
2961          (6) Each applicant for licensure as a manager or second shall:
2962          (a) submit an application in a form prescribed by the commission;
2963          (b) pay a fee determined by the commission under Section 63J-1-504;
2964          (c) make assurances that the applicant:
2965          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
2966     respect to a contest in which the applicant is participating;
2967          (ii) has not been found in a criminal or civil proceeding to have engaged in or
2968     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
2969     any other sporting event; and
2970          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
2971     to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating

2972     to the regulation of contests in this state or any other jurisdiction;
2973          (d) acknowledge in writing to the commission receipt, understanding, and intent to
2974     comply with this chapter and the rules made under this chapter; and
2975          (e) if requested by the commission or director, meet with the commission or the
2976     director to examine the applicant's qualifications for licensure.
2977          (7) Each applicant for licensure as a referee or judge shall:
2978          (a) submit an application in a form prescribed by the commission;
2979          (b) pay a fee determined by the commission under Section 63J-1-504;
2980          (c) make assurances that the applicant:
2981          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
2982     respect to a contest in which the applicant is participating;
2983          (ii) has not been found in a criminal or civil proceeding to have engaged in or
2984     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
2985     any other sporting event; and
2986          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
2987     to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
2988     to the regulation of contests in this state or any other jurisdiction;
2989          (d) acknowledge in writing to the commission receipt, understanding, and intent to
2990     comply with this chapter and the rules made under this chapter;
2991          (e) provide evidence satisfactory to the commission that the applicant is qualified by
2992     training and experience to competently act as a referee or judge in a contest; and
2993          (f) if requested by the commission or the director, meet with the commission or the
2994     director to examine the applicant's qualifications for licensure.
2995          (8) The commission may make rules concerning the requirements for a license under
2996     this chapter, that deny a license to an applicant for the violation of a crime that, in the
2997     commission's determination, would have a material affect on the integrity of a contest held
2998     under this chapter.

2999          (9) (a) A licensee serves at the pleasure, and under the direction, of the commission
3000     while participating in any way at a contest.
3001          (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
3002     follow the commission's direction at an event or contest.
3003          Section 57. Section 67-5b-105 is amended to read:
3004          67-5b-105. Local advisory boards -- Membership.
3005          (1) The cooperating public agencies and other persons shall make up each center's local
3006     advisory board, which shall be composed of the following people from the county or area:
3007          (a) the local center director or the director's designee;
3008          (b) a district attorney or county attorney having criminal jurisdiction or any designee;
3009          (c) a representative of the attorney general's office, designated by the attorney general;
3010          (d) at least one official from a local law enforcement agency or the local law
3011     enforcement agency's designee;
3012          (e) the county executive or the county executive's designee;
3013          (f) a licensed nurse practitioner, physician assistant, or physician;
3014          (g) a licensed mental health professional;
3015          (h) a criminal defense attorney;
3016          (i) at least four members of the community at large provided, however, that the
3017     Advisory Board on Children's Justice may authorize fewer members, although not less than
3018     two, if the local advisory board so requests;
3019          (j) a guardian ad litem or representative of the Office of Guardian Ad Litem,
3020     designated by the director;
3021          (k) a representative of the Division of Child and Family Services within the
3022     Department of Human Services, designated by the employee of the division who has
3023     supervisory responsibility for the county served by the center;
3024          (l) if a center serves more than one county, one representative from each county served,
3025     appointed by the county executive; and

3026          (m) additional members appointed as needed by the county executive.
3027          (2) The members on each local advisory board who serve due to public office as
3028     provided in Subsections (1)(b) through (e) shall select the remaining members. The members
3029     on each local advisory board shall select a chair of the local advisory board.
3030          (3) The local advisory board may not supersede the authority of the contracting county
3031     as designated in Section 67-5b-104.
3032          (4) Appointees and designees shall serve a term or terms as designated in the bylaws of
3033     the local advisory board.
3034          Section 58. Section 67-5b-106 is amended to read:
3035          67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms --
3036     Duties -- Authority.
3037          (1) The attorney general shall create an Advisory Board on Children's Justice to advise
3038     him about the Children's Justice Center Program.
3039          (2) The board shall be composed of:
3040          (a) the director of each Children's Justice Center;
3041          (b) the attorney general or the attorney general's designee;
3042          (c) a representative of the Utah Sheriffs Association, appointed by the attorney general;
3043          (d) a chief of police, appointed by the attorney general;
3044          (e) one juvenile court judge and one district court judge, appointed by the chief justice
3045     of the Supreme Court;
3046          (f) one representative of the Office of Guardian Ad Litem and one representative of the
3047     Court Appointed Special Advocates, appointed by the chief justice of the Supreme Court;
3048          (g) a designated representative of the Division of Child and Family Services within the
3049     Department of Human Services, appointed by the director of that division;
3050          (h) a licensed mental health professional, appointed by the attorney general;
3051          (i) a person experienced in working with children with disabilities, appointed by the
3052     attorney general;

3053          (j) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
3054     appointed by the Utah Bar Commission;
3055          (k) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
3056     appointed by the Utah Prosecution Council;
3057          (l) a member of the governor's staff, appointed by the governor;
3058          (m) a member from the public, appointed by the attorney general, who exhibits
3059     sensitivity to the concerns of parents;
3060          (n) a licensed nurse practitioner, physician assistant, or physician, appointed by the
3061     attorney general;
3062          (o) one senator, appointed by the president of the Senate;
3063          (p) one representative, appointed by the speaker of the House; and
3064          (q) additional members appointed as needed by the attorney general.
3065           (3) (a) Except as required by Subsection (3)(b), as terms of current board members
3066     expire, the appointing authority shall appoint each new member or reappointed member to a
3067     four-year term.
3068           (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority
3069     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
3070     terms of board members are staggered so that approximately half of the board is appointed
3071     every two years.
3072          (4) The Advisory Board on Children's Justice shall:
3073          (a) coordinate and support the statewide purpose of the program;
3074          (b) recommend statewide guidelines for the administration of the program;
3075          (c) recommend training and improvements in training;
3076          (d) review, evaluate, and make recommendations concerning state investigative,
3077     administrative, and judicial handling in child abuse cases;
3078          (e) recommend programs to improve the prompt and fair resolution of civil and
3079     criminal court proceedings; and

3080          (f) recommend changes to state laws and procedures to provide comprehensive
3081     protection for children from abuse, child sexual abuse, neglect, and other crimes involving
3082     children where the child is a primary victim or a critical witness, such as in drug-related child
3083     endangerment cases.
3084          (5) The Advisory Board on Children's Justice may not supersede the authority of
3085     contracting counties regarding operation of the centers, including the budget, costs, personnel,
3086     and management pursuant to Section 67-5b-104 and Title 51, Chapter 2a, Accounting Reports
3087     from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
3088          Section 59. Section 76-5-406 is amended to read:
3089          76-5-406. Sexual offenses against the victim without consent of victim --
3090     Circumstances.
3091          An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a
3092     child, object rape, attempted object rape, object rape of a child, attempted object rape of a
3093     child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy on a
3094     child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse,
3095     sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child,
3096     attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the
3097     victim under any of the following circumstances:
3098          (1) the victim expresses lack of consent through words or conduct;
3099          (2) the actor overcomes the victim through the actual application of physical force or
3100     violence;
3101          (3) the actor is able to overcome the victim through concealment or by the element of
3102     surprise;
3103          (4) (a) (i) the actor coerces the victim to submit by threatening to retaliate in the
3104     immediate future against the victim or any other person, and the victim perceives at the time
3105     that the actor has the ability to execute this threat; or
3106          (ii) the actor coerces the victim to submit by threatening to retaliate in the future

3107     against the victim or any other person, and the victim believes at the time that the actor has the
3108     ability to execute this threat;
3109          (b) as used in this Subsection (4), "to retaliate" includes threats of physical force,
3110     kidnapping, or extortion;
3111          (5) the actor knows the victim is unconscious, unaware that the act is occurring, or
3112     physically unable to resist;
3113          (6) the actor knows or reasonably should know that the victim has a mental disease or
3114     defect, which renders the victim unable to:
3115          (a) appraise the nature of the act;
3116          (b) resist the act;
3117          (c) understand the possible consequences to the victim's health or safety; or
3118          (d) appraise the nature of the relationship between the actor and the victim.
3119          (7) the actor knows that the victim submits or participates because the victim
3120     erroneously believes that the actor is the victim's spouse;
3121          (8) the actor intentionally impaired the power of the victim to appraise or control his or
3122     her conduct by administering any substance without the victim's knowledge;
3123          (9) the victim is younger than 14 years of age;
3124          (10) the victim is younger than 18 years of age and at the time of the offense the actor
3125     was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of
3126     special trust in relation to the victim as defined in Section 76-5-404.1;
3127          (11) the victim is 14 years of age or older, but younger than 18 years of age, and the
3128     actor is more than three years older than the victim and entices or coerces the victim to submit
3129     or participate, under circumstances not amounting to the force or threat required under
3130     Subsection (2) or (4); or
3131          (12) the actor is a health professional or religious counselor, as those terms are defined
3132     in this Subsection (12), the act is committed under the guise of providing professional
3133     diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed

3134     that the act was for medically or professionally appropriate diagnosis, counseling, or treatment
3135     to the extent that resistance by the victim could not reasonably be expected to have been
3136     manifested; for purposes of this Subsection (12):
3137          (a) "health professional" means an individual who is licensed or who holds himself or
3138     herself out to be licensed, or who otherwise provides professional physical or mental health
3139     services, diagnosis, treatment, or counseling including, but not limited to, a physician,
3140     osteopathic physician, physician assistant, nurse, dentist, physical therapist, chiropractor,
3141     mental health therapist, social service worker, clinical social worker, certified social worker,
3142     marriage and family therapist, professional counselor, psychiatrist, psychologist, psychiatric
3143     mental health nurse specialist, or substance abuse counselor; and
3144          (b) "religious counselor" means a minister, priest, rabbi, bishop, or other recognized
3145     member of the clergy.
3146          Section 60. Section 77-23-213 is amended to read:
3147          77-23-213. Blood testing.
3148          (1) As used in this section:
3149          (a) "Law enforcement purpose" means duties that consist primarily of the prevention
3150     and detection of crime and the enforcement of criminal statutes or ordinances of this state or
3151     any of this state's political subdivisions.
3152          (b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
3153     Officer Classification.
3154          (2) A peace officer may require an individual to submit to a blood test for a law
3155     enforcement purpose only if:
3156          (a) the individual or legal representative of the individual with authority to give
3157     consent gives oral or written consent to the blood test;
3158          (b) the peace officer obtains a warrant to administer the blood test; or
3159          (c) a judicially recognized exception to obtaining a warrant exists as established by the
3160     Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the

3161     Supreme Court of the United States.
3162          (3) (a) Only the following, acting at the request of a peace officer, may draw blood to
3163     determine the blood's alcohol or drug content:
3164          (i) a physician;
3165          (ii) a physician assistant;
3166          [(ii)] (iii) a registered nurse;
3167          [(iii)] (iv) a licensed practical nurse;
3168          [(iv)] (v) a paramedic;
3169          [(v)] (vi) as provided in Subsection (3)(b), emergency medical service personnel other
3170     than a paramedic; or
3171          [(vi)] (vii) a person with a valid permit issued by the Department of Health under
3172     Section 26-1-30.
3173          (b) The Department of Health may designate by rule, in accordance with Title 63G,
3174     Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
3175     as defined in Section 26-8a-102, are authorized to draw blood under Subsection [(3)(a)(v)]
3176     (3)(a)(vi), based on the type of license under Section 26-8a-302.
3177          (c) The following are immune from civil or criminal liability arising from drawing a
3178     blood sample from a person who a peace officer requests, for law enforcement purposes, if the
3179     sample is drawn in accordance with standard medical practice:
3180          (i) a person authorized to draw blood under Subsection (3)(a); and
3181          (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
3182          Section 61. Section 78B-1-137 is amended to read:
3183          78B-1-137. Witnesses -- Privileged communications.
3184          There are particular relations in which it is the policy of the law to encourage
3185     confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness in
3186     the following cases:
3187          (1) (a) Neither a wife nor a husband may either during the marriage or afterwards be,

3188     without the consent of the other, examined as to any communication made by one to the other
3189     during the marriage.
3190          (b) This exception does not apply:
3191          (i) to a civil action or proceeding by one spouse against the other;
3192          (ii) to a criminal action or proceeding for a crime committed by one spouse against the
3193     other;
3194          (iii) to the crime of deserting or neglecting to support a spouse or child;
3195          (iv) to any civil or criminal proceeding for abuse or neglect committed against the child
3196     of either spouse; or
3197          (v) if otherwise specifically provided by law.
3198          (2) An attorney cannot, without the consent of the client, be examined as to any
3199     communication made by the client to the attorney or any advice given regarding the
3200     communication in the course of the professional employment. An attorney's secretary,
3201     stenographer, or clerk cannot be examined, without the consent of the attorney, concerning any
3202     fact, the knowledge of which has been acquired as an employee.
3203          (3) A member of the clergy or priest cannot, without the consent of the person making
3204     the confession, be examined as to any confession made to either of them in their professional
3205     character in the course of discipline enjoined by the church to which they belong.
3206          (4) A physician [or], surgeon, or physician assistant cannot, without the consent of the
3207     patient, be examined in a civil action as to any information acquired in attending the patient
3208     which was necessary to enable the physician [or], surgeon, or physician assistant to prescribe or
3209     act for the patient. However, this privilege shall be waived by the patient in an action in which
3210     the patient places the patient's medical condition at issue as an element or factor of the claim or
3211     defense. Under those circumstances, a physician [or], surgeon, or physician assistant who has
3212     prescribed for or treated that patient for the medical condition at issue may provide
3213     information, interviews, reports, records, statements, memoranda, or other data relating to the
3214     patient's medical condition and treatment which are placed at issue.

3215          (5) A public officer cannot be examined as to communications made in official
3216     confidence when the public interests would suffer by the disclosure.
3217          (6) A sexual assault counselor as defined in Section 77-38-203 cannot, without the
3218     consent of the victim, be examined in a civil or criminal proceeding as to any confidential
3219     communication as defined in Section 77-38-203 made by the victim.
3220          Section 62. Section 78B-2-114 is amended to read:
3221          78B-2-114. Separate trial of statute of limitations issue in malpractice actions.
3222          (1) An issue raised by the defense regarding the statute of limitations in a case may be
3223     tried separately if the action is for professional negligence or for rendering professional
3224     services without consent, and against:
3225          (a) a physician;
3226          (b) a surgeon;
3227          (c) a physician assistant;
3228          [(c)] (d) a dentist;
3229          [(d)] (e) an osteopathic physician;
3230          [(e)] (f) a chiropractor;
3231          [(f)] (g) a physical therapist;
3232          [(g)] (h) a registered nurse;
3233          [(h)] (i) a clinical laboratory bioanalyst;
3234          [(i)] (j) a clinical laboratory technologist; or
3235          [(j)] (k) a licensed hospital, person, firm, or corporation as the employer of any of the
3236     persons in Subsection (1)(a) through [(i)] (j).
3237          (2) The issue raised may be tried before any other issues in the case are tried. If the
3238     issue raised by the defense of the statute of limitations is finally determined in favor of the
3239     plaintiff, the remaining issues shall then be tried.
3240          Section 63. Section 78B-3-403 is amended to read:
3241          78B-3-403. Definitions.

3242          As used in this part:
3243          (1) "Audiologist" means a person licensed to practice audiology under Title 58,
3244     Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
3245          (2) "Certified social worker" means a person licensed to practice as a certified social
3246     worker under Section 58-60-205.
3247          (3) "Chiropractic physician" means a person licensed to practice chiropractic under
3248     Title 58, Chapter 73, Chiropractic Physician Practice Act.
3249          (4) "Clinical social worker" means a person licensed to practice as a clinical social
3250     worker under Section 58-60-205.
3251          (5) "Commissioner" means the commissioner of insurance as provided in Section
3252     31A-2-102.
3253          (6) "Dental hygienist" means a person licensed to engage in the practice of dental
3254     hygiene as defined in Section 58-69-102.
3255          (7) "Dentist" means a person licensed to engage in the practice of dentistry as defined
3256     in Section 58-69-102.
3257          (8) "Division" means the Division of Occupational and Professional Licensing created
3258     in Section 58-1-103.
3259          (9) "Future damages" includes a judgment creditor's damages for future medical
3260     treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and
3261     suffering.
3262          (10) "Health care" means any act or treatment performed or furnished, or which should
3263     have been performed or furnished, by any health care provider for, to, or on behalf of a patient
3264     during the patient's medical care, treatment, or confinement.
3265          (11) "Health care facility" means general acute hospitals, specialty hospitals, home
3266     health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers,
3267     ambulatory surgical facilities, small health care facilities, health care facilities owned or
3268     operated by health maintenance organizations, and end stage renal disease facilities.

3269          (12) "Health care provider" includes any person, partnership, association, corporation,
3270     or other facility or institution who causes to be rendered or who renders health care or
3271     professional services as a hospital, health care facility, physician, physician assistant, registered
3272     nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental
3273     hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical
3274     therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic
3275     physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
3276     speech-language pathologist, clinical social worker, certified social worker, social service
3277     worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or
3278     others rendering similar care and services relating to or arising out of the health needs of
3279     persons or groups of persons and officers, employees, or agents of any of the above acting in
3280     the course and scope of their employment.
3281          (13) "Hospital" means a public or private institution licensed under Title 26, Chapter
3282     21, Health Care Facility Licensing and Inspection Act.
3283          (14) "Licensed athletic trainer" means a person licensed under Title 58, Chapter 40a,
3284     Athletic Trainer Licensing Act.
3285          (15) "Licensed direct-entry midwife" means a person licensed under the Direct-entry
3286     Midwife Act to engage in the practice of direct-entry midwifery as defined in Section
3287     58-77-102.
3288          (16) "Licensed practical nurse" means a person licensed to practice as a licensed
3289     practical nurse as provided in Section 58-31b-301.
3290          (17) "Malpractice action against a health care provider" means any action against a
3291     health care provider, whether in contract, tort, breach of warranty, wrongful death, or
3292     otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
3293     or which should have been rendered by the health care provider.
3294          (18) "Marriage and family therapist" means a person licensed to practice as a marriage
3295     therapist or family therapist under Sections 58-60-305 and 58-60-405.

3296          (19) "Naturopathic physician" means a person licensed to engage in the practice of
3297     naturopathic medicine as defined in Section 58-71-102.
3298          (20) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwife
3299     under Section 58-44a-301.
3300          (21) "Optometrist" means a person licensed to practice optometry under Title 58,
3301     Chapter 16a, Utah Optometry Practice Act.
3302          (22) "Osteopathic physician" means a person licensed to practice osteopathy under
3303     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
3304          (23) "Patient" means a person who is under the care of a health care provider, under a
3305     contract, express or implied.
3306          (24) "Periodic payments" means the payment of money or delivery of other property to
3307     a judgment creditor at intervals ordered by the court.
3308          (25) "Pharmacist" means a person licensed to practice pharmacy as provided in Section
3309     58-17b-301.
3310          (26) "Physical therapist" means a person licensed to practice physical therapy under
3311     Title 58, Chapter 24b, Physical Therapy Practice Act.
3312          (27) "Physical therapist assistant" means a person licensed to practice physical therapy,
3313     within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical
3314     Therapy Practice Act.
3315          (28) "Physician" means a person licensed to practice medicine and surgery under Title
3316     58, Chapter 67, Utah Medical Practice Act.
3317          (29) "Physician assistant" means a person licensed to practice as a physician assistant
3318     under Title 58, Chapter 70a, Utah Physician Assistant Act.
3319          [(29)] (30) "Podiatric physician" means a person licensed to practice podiatry under
3320     Title 58, Chapter 5a, Podiatric Physician Licensing Act.
3321          [(30)] (31) "Practitioner of obstetrics" means a person licensed to practice as a
3322     physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58,

3323     Chapter 68, Utah Osteopathic Medical Practice Act.
3324          [(31)] (32) "Psychologist" means a person licensed under Title 58, Chapter 61,
3325     Psychologist Licensing Act, to engage in the practice of psychology as defined in Section
3326     58-61-102.
3327          [(32)] (33) "Registered nurse" means a person licensed to practice professional nursing
3328     as provided in Section 58-31b-301.
3329          [(33)] (34) "Relative" means a patient's spouse, parent, grandparent, stepfather,
3330     stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The
3331     term includes relationships that are created as a result of adoption.
3332          [(34)] (35) "Representative" means the spouse, parent, guardian, trustee,
3333     attorney-in-fact, person designated to make decisions on behalf of a patient under a medical
3334     power of attorney, or other legal agent of the patient.
3335          [(35)] (36) "Social service worker" means a person licensed to practice as a social
3336     service worker under Section 58-60-205.
3337          [(36)] (37) "Speech-language pathologist" means a person licensed to practice
3338     speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and
3339     Audiology Licensing Act.
3340          [(37)] (38) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act
3341     or omission proximately causing injury or damage to another.
3342          [(38)] (39) "Unanticipated outcome" means the outcome of a medical treatment or
3343     procedure that differs from an expected result.