This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 20, 2024 at 11:43 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 7:43 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 9:29 PM by lpoole.
Representative Jeffrey D. Stenquist proposes the following substitute bill:


1     
COSMETIC PROCEDURE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to cosmetic procedures.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     allows a telemedicine service to be used for an initial consult before the initiation of
14     a treatment protocol or series of treatments; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-1-102, as last amended by Laws of Utah 2022, Chapter 415
23          58-1-302.1, as enacted by Laws of Utah 2023, Chapter 278
24          58-1-506, as last amended by Laws of Utah 2023, Chapter 223
25          58-67-102, as last amended by Laws of Utah 2023, Chapter 2
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 58-1-102 is amended to read:
29          58-1-102. Definitions.
30          [For purposes of] As used in this title:
31          (1) "Ablative procedure" [is as defined in] means the same as that term is defined in
32     Section 58-67-102.
33          (2) "Cosmetic medical procedure":
34          (a) [is as defined in] means the same as that term is defined in Section 58-67-102; and
35          (b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah
36     Osteopathic Medical Practice Act, does not apply to the scope of practice of an individual
37     licensed under this title if the individual's scope of practice includes the authority to operate or
38     perform surgical procedures.
38a     Ŝ→ (3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold
38b     temperature to reduce fat deposits in certain areas of the body. ←Ŝ
39          (3) "Department" means the Department of Commerce.
40          Ŝ→ [(4)] (5) ←Ŝ "Director" means the director of the Division of Professional Licensing.
41          Ŝ→ [(5)] (6) ←Ŝ "Division" means the Division of Professional Licensing created in Section
42     58-1-103.
43          Ŝ→ [(6)] (7) ←Ŝ "Executive director" means the executive director of the Department of
43a     Commerce.
44          Ŝ→ [(7)] (8) ←Ŝ "Licensee" includes any holder of a license, certificate, registration, permit,
44a     student
45     card, or apprentice card authorized under this title.
46          Ŝ→ [(8)] (9) ←Ŝ (a) (i) "Nonablative procedure" means a procedure that is expected or
46a     intended to
47     alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove
48     living tissue.
49          (ii) Notwithstanding Subsection (8)(a)(i), nonablative procedure includes hair removal Ŝ→
49a     and cryolipolysis ←Ŝ .
50          (b) "Nonablative procedure" does not include:
51          (i) a superficial procedure;
52          (ii) the application of permanent make-up; or
53          (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
54     performed by an individual licensed under this title who is acting within their scope of practice.
55          Ŝ→ [(9)] (10) ←Ŝ "Pain clinic" means:
56          (a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
57          (b) a clinic in which greater than 50% of the clinic's annual patient population receive
58     treatment primarily for non-terminal chronic pain using Schedule II-III controlled substances.
59          (10) "Superficial procedure" means a procedure that is expected or intended to
60     temporarily alter living skin tissue and may excise or remove stratum corneum but have no
61     appreciable risk of damage to any tissue below the stratum corneum.
62          (11) "Telemedicine service" means the same as that term is defined in Section
63     26B-4-704.
64          [(11)] (12) "Unlawful conduct" [has the meaning given in] means the same as that term
65     is defined in Subsection 58-1-501(1).
66          [(12)] (13) "Unprofessional conduct" [has the meaning given in] means the same as
67     that term is defined in Subsection 58-1-501(2).
68          Section 2. Section 58-1-302.1 is amended to read:
69          58-1-302.1. Temporary license for telemedicine.
70          (1) As used in this section:
71          (a) "Nonresident health care license" means a health care license issued by another
72     state, district, or territory of the United States.
73          (b) "Telemedicine service" means the same as that term is defined in Section
74     [26-60-102] 26B-4-704.
75          (2) An individual with a temporary license issued under this section is authorized to
76     provide a telemedicine service if:
77          (a) the telemedicine service is a service the individual is licensed to perform under the
78     nonresident health care license of the state, district, or territory that issued the nonresident
79     health care license;
80          (b) at the time the telemedicine service is performed, the patient is located in Utah; and
81          (c) performing the telemedicine service would not otherwise violate state law.
82          (3) The division shall issue a temporary license described in Subsection (2) to an
83     individual who has a nonresident health care license in good standing if:
84          (a) the individual has completed an application for a license by endorsement in
85     accordance with Section 58-1-302; and
86          (b) the division determines that they will not be able to process the application within
87     15 days from the day on which the application is submitted.
88          (4) The division may not charge a fee for a temporary license issued under this section
89     beyond the fee required for a license issued under Section 58-1-302.
90          Section 3. Section 58-1-506 is amended to read:
91          58-1-506. Supervision of cosmetic medical procedures.
92          (1) For purposes of this section:
93          (a) "Delegation group A" means the following who are licensed under this title, acting
94     within their respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii):
95          (i) a physician assistant, if acting in accordance with Chapter 70a, Utah Physician
96     Assistant Act;
97          (ii) a registered nurse;
98          (iii) a master esthetician; and
99          (iv) an electrologist, if evaluating for or performing laser hair removal.
100          (b) "Delegation group B" means:
101          (i) a practical nurse or an esthetician who is licensed under this title, acting within their
102     respective scopes of practice, and qualified under Subsections (2)(f)(i) and (iii); and
103          (ii) a medical assistant who is qualified under Subsections (2)(f)(i) and (iii).
104          (c) "Direct cosmetic medical procedure supervision" means the supervisor:
105          (i) has authorized the procedure to be done on the patient by the supervisee; and
106          (ii) is present and available for a face-to-face communication with the supervisee when
107     and where a cosmetic medical procedure is performed.
108          (d) "General cosmetic medical procedure supervision" means the supervisor:
109          (i) has authorized the procedure to be done on the patient by the supervisee;
110          (ii) is available in a timely and appropriate manner in person to evaluate and initiate
111     care for a patient with a suspected adverse reaction or complication; and
112          (iii) is located within 60 minutes or 60 miles of the cosmetic medical facility.
113          (e) "Hair removal review" means:
114          (i) conducting an in-person, face-to-face interview of a patient based on the responses
115     provided by the patient to a detailed medical history assessment that was prepared by the
116     supervisor;
117          (ii) evaluating for contraindications and conditions that are part of the treatment plan;
118     and
119          (iii) if the patient history or patient presentation deviates in any way from the treatment
120     plan, referring the patient to the supervisor and receiving clearance from the supervisor before
121     starting the treatment.
122          (f) "Indirect cosmetic medical procedure supervision" means the supervisor:
123          (i) has authorized the procedure to be done on the patient by the supervisee;
124          (ii) has given written instructions to the person being supervised;
125          (iii) is present within the cosmetic medical facility in which the person being
126     supervised is providing services; and
127          (iv) is available to:
128          (A) provide immediate face-to-face communication with the person being supervised;
129     and
130          (B) evaluate the patient, as necessary.
131          (2) A supervisor supervising a nonablative cosmetic medical procedure for hair
132     removal shall:
133          (a) have an unrestricted license to practice medicine or advanced practice registered
134     nursing in the state;
135          (b) develop the medical treatment plan for the procedure;
136          (c) conduct a hair removal review, or delegate the hair removal review to a member of
137     delegation group A, of the patient prior to initiating treatment or a series of treatments;
138          (d) personally perform the nonablative cosmetic medical procedure for hair removal, or
139     authorize and delegate the procedure to a member of delegation group A or B;
140          (e) during the nonablative cosmetic medical procedure for hair removal provide general
141     cosmetic medical procedure supervision to individuals in delegation group A performing the
142     procedure, except physician assistants, who shall act in accordance with Chapter 70a, Utah
143     Physician Assistant Act, and indirect cosmetic medical procedure supervision to individuals in
144     delegation group B performing the procedure; and
145          (f) verify that a person to whom the supervisor delegates an evaluation under
146     Subsection (2)(c) or delegates a procedure under Subsection (2)(d) or (3)(c)(ii):
147          (i) has received appropriate training regarding the medical procedures developed under
148     Subsection (2)(b);
149          (ii) has an unrestricted license under this title or is performing under the license of the
150     supervising physician and surgeon; and
151          (iii) has maintained competence to perform the nonablative cosmetic medical
152     procedure through documented education and experience of at least 80 hours, as further
153     defined by rule, regarding:
154          (A) the appropriate standard of care for performing nonablative cosmetic medical
155     procedures;
156          (B) physiology of the skin;
157          (C) skin typing and analysis;
158          (D) skin conditions, disorders, and diseases;
159          (E) pre- and post-procedure care;
160          (F) infection control;
161          (G) laser and light physics training;
162          (H) laser technologies and applications;
163          (I) safety and maintenance of lasers;
164          (J) cosmetic medical procedures an individual is permitted to perform under this title;
165          (K) recognition and appropriate management of complications from a procedure; and
166          (L) cardiopulmonary resuscitation (CPR).
167          (3) For a nonablative cosmetic medical procedure for tattoo removal:
168          (a) a supervisor supervising a nonablative cosmetic medical procedure for tattoo
169     removal shall:
170          (i) have an unrestricted license to practice medicine or advanced practice registered
171     nursing in the state; and
172          (ii) develop the medical treatment plan for the procedure; and
173          (b) a nurse practitioner or physician assistant:
174          (i) shall conduct an in-person face-to-face evaluation of a patient before initiating a
175     treatment protocol or series of treatments for removing a tattoo;
176          (ii) shall inspect the patient's skin for any discoloration unrelated to the tattoo and any
177     other indication of cancer or other condition that should be treated or further evaluated before
178     the tattoo is removed;
179          (iii) shall refer a patient with a condition described in Subsection (3)(b)(ii) to a
180     physician for treatment or further evaluation; and
181          (iv) may not perform a nonablative cosmetic medical procedure to remove a tattoo on a
182     patient unless the patient is approved for the tattoo removal by a physician after the physician
183     evaluates the patient.
184          (4) For a nonablative cosmetic medical procedure other than hair removal under
185     Subsection (2) or tattoo removal under Subsection (3):
186          (a) a physician who has an unrestricted license to practice medicine, a nurse
187     practitioner who has an unrestricted license for advanced practice registered nursing, or a
188     physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant Act, who
189     has an unrestricted license to practice as a physician assistant, shall:
190          (i) develop a treatment plan for the nonablative cosmetic medical procedure; and
191          (ii) conduct an [in-person face-to-face] evaluation of the patient [prior to] either
192     in-person or utilizing a live telemedicine visit before the initiation of a treatment protocol or
193     series of treatments; and
194          Ŝ→ [(iii) if the evaluation is conducted via telemedicine, ensure that the registered nurse or
195     master aesthetician performing the procedure is in-person with the patient during the evaluation
196     and the supervisor is on the telemedicine visit at the same time conducting the evaluation;] ←Ŝ
197          [(b) a nurse practitioner or physician assistant conducting an in-person face-to-face
198     evaluation of a patient under Subsection (3)(a)(ii) prior to removing a tattoo shall:]
199          [(i) inspect the patient's skin for any discoloration unrelated to the tattoo and any other
200     indication of cancer or other condition that should be treated or further evaluated before the
201     tattoo is removed;]
202          [(ii) refer a patient with any such condition to a physician for treatment or further
203     evaluation; and]
204          [(iii) shall not supervise a nonablative cosmetic medical procedure to remove a tattoo
205     on the patient until the patient has been approved for the tattoo removal by a physician who has
206     evaluated the patient; and]
207          [(c)] (b) the supervisor supervising the procedure shall:
208          (i) have an unrestricted license to practice medicine or advanced practice registered
209     nursing;
210          (ii) personally perform the nonablative cosmetic medical procedure or:
211          (A) authorize and provide general cosmetic medical procedure supervision for the
212     nonablative cosmetic medical procedure that is performed by a registered nurse or a master
213     esthetician;
214          (B) authorize and provide supervision as provided in Chapter 70a, Utah Physician
215     Assistant Act, for the nonablative cosmetic medical procedure that is performed by a physician
216     assistant; or
217          (C) authorize and provide direct cosmetic medical procedure supervision for the
218     nonablative cosmetic medical procedure that is performed by an esthetician; and
219          (iii) verify that a person to whom the supervisor delegates a procedure under
220     Subsection (3)(c):
221          (A) has received appropriate training regarding the medical procedures to be
222     performed;
223          (B) has an unrestricted license and is acting within the person's scope of practice under
224     this title; and
225          (C) is qualified under Subsection (2)(f)(iii).
226          [(4)] (5) A supervisor performing or supervising a cosmetic medical procedure under
227     Subsection (2) or (3) or (4) shall ensure that:
228          (a) the supervisor's name is prominently posted at the cosmetic medical facility
229     identifying the supervisor;
230          (b) a copy of the supervisor's license is displayed on the wall of the cosmetic medical
231     facility;
232          (c) the patient receives written information with the name and licensing information of
233     the supervisor who is supervising the nonablative cosmetic medical procedure and the person
234     who is performing the nonablative cosmetic medical procedure;
235          (d) the patient is provided with a telephone number that is answered within 24 hours
236     for follow-up communication; and
237          (e) the cosmetic medical facility's contract with a master esthetician who performs a
238     nonablative cosmetic medical procedure at the facility is kept on the premises of the facility.
239          [(5)] (6) Failure to comply with the provisions of this section is unprofessional
240     conduct.
241          [(6)] (7) A chiropractic physician licensed under Chapter 73, Chiropractic Physician
242     Practice Act, is not subject to the supervision requirements in this section for a nonablative
243     cosmetic medical procedure for hair removal if the chiropractic physician is acting within the
244     scope of practice of a chiropractic physician and with training specific to nonablative hair
245     removal.
246          Section 4. Section 58-67-102 is amended to read:
247          58-67-102. Definitions.
248          In addition to the definitions in Section 58-1-102, as used in this chapter:
249          (1) (a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
250     disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium:
251     YAG lasers.
252          (b) "Ablative procedure" does not include hair removal Ŝ→ or cryolipolysis ←Ŝ .
253          (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
254     American Medical Association.
255          (3) "Administrative penalty" means a monetary fine or citation imposed by the division
256     for acts or omissions determined to constitute unprofessional or unlawful conduct, in
257     accordance with a fine schedule established by the division in collaboration with the board, as a
258     result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
259     Administrative Procedures Act.
260          (4) "Associate physician" means an individual licensed under Section 58-67-302.8.
261          (5) "Attempted sex change" means an attempt or effort to change an individual's body
262     to present that individual as being of a sex or gender that is different from the individual's
263     biological sex at birth.
264          (6) "Biological sex at birth" means an individual's sex, as being male or female,
265     according to distinct reproductive roles as manifested by:
266          (a) sex and reproductive organ anatomy;
267          (b) chromosomal makeup; and
268          (c) endogenous hormone profiles.
269          (7) "Board" means the Physicians Licensing Board created in Section 58-67-201.
270          (8) "Collaborating physician" means an individual licensed under Section 58-67-302
271     who enters into a collaborative practice arrangement with an associate physician.
272          (9) "Collaborative practice arrangement" means the arrangement described in Section
273     58-67-807.
274          (10) (a) "Cosmetic medical device" means tissue altering energy based devices that
275     have the potential for altering living tissue and that are used to perform ablative or nonablative
276     procedures, such as American National Standards Institute (ANSI) designated Class IIIb and
277     Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices, and
278     excludes ANSI designated Class IIIa and lower powered devices.
279          (b) Notwithstanding Subsection (10)(a), if an ANSI designated Class IIIa and lower
280     powered device is being used to perform an ablative procedure, the device is included in the
281     definition of cosmetic medical device under Subsection (10)(a).
282          (11) (a) "Cosmetic medical procedure" includes:
283          [(a)] (i) includes the use of cosmetic medical devices to perform ablative or
284     nonablative procedures; [and] or
285          (ii) the injection of medication or substance, including a neurotoxin or a filler, for
286     cosmetic purposes.
287          (b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
288     [such as] including refractive surgery.
289          (12) "Diagnose" means:
290          (a) to examine in any manner another person, parts of a person's body, substances,
291     fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's
292     body, to determine the source, nature, kind, or extent of a disease or other physical or mental
293     condition;
294          (b) to attempt to conduct an examination or determination described under Subsection
295     (12)(a);
296          (c) to hold oneself out as making or to represent that one is making an examination or
297     determination as described in Subsection (12)(a); or
298          (d) to make an examination or determination as described in Subsection (12)(a) upon
299     or from information supplied directly or indirectly by another person, whether or not in the
300     presence of the person making or attempting the diagnosis or examination.
301          (13) "LCME" means the Liaison Committee on Medical Education of the American
302     Medical Association.
303          (14) "Medical assistant" means an unlicensed individual who may perform tasks as
304     described in Subsection 58-67-305(6).
305          (15) "Medically underserved area" means a geographic area in which there is a
306     shortage of primary care health services for residents, as determined by the Department of
307     Health and Human Services.
308          (16) "Medically underserved population" means a specified group of people living in a
309     defined geographic area with a shortage of primary care health services, as determined by the
310     Department of Health and Human Services.
311          (17) (a) (i) "Nonablative procedure" means a procedure that is expected or intended to
312     alter living tissue, but is not intended or expected to excise, vaporize, disintegrate, or remove
313     living tissue.
314          (ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
315     removal.
316          (b) "Nonablative procedure" does not include:
317          (i) a superficial procedure as defined in Section 58-1-102;
318          (ii) the application of permanent make-up; or
319          (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
320     performed by an individual licensed under this title who is acting within the individual's scope
321     of practice.
322          (18) "Physician" means both physicians and surgeons licensed under Section
323     58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under
324     Section 58-68-301, Utah Osteopathic Medical Practice Act.
325          (19) (a) "Practice of medicine" means:
326          (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
327     disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real
328     or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any
329     means or instrumentality, and by an individual in Utah or outside the state upon or for any
330     human within the state;
331          (ii) when a person not licensed as a physician directs a licensee under this chapter to
332     withhold or alter the health care services that the licensee has ordered;
333          (iii) to maintain an office or place of business for the purpose of doing any of the acts
334     described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
335          (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
336     treatment of human diseases or conditions in any printed material, stationery, letterhead,
337     envelopes, signs, or advertisements, the designation "doctor," "doctor of medicine,"
338     "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or any combination of these
339     designations in any manner which might cause a reasonable person to believe the individual
340     using the designation is a licensed physician and surgeon, and if the party using the designation
341     is not a licensed physician and surgeon, the designation must additionally contain the
342     description of the branch of the healing arts for which the person has a license, provided that an
343     individual who has received an earned degree of doctor of medicine degree but is not a licensed
344     physician and surgeon in Utah may use the designation "M.D." if it is followed by "Not
345     Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
346          (b) The practice of medicine does not include:
347          (i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
348     conduct described in Subsection (19)(a)(i) that is performed in accordance with a license issued
349     under another chapter of this title;
350          (ii) an ablative cosmetic medical procedure if the scope of practice for the person
351     performing the ablative cosmetic medical procedure includes the authority to operate or
352     perform a surgical procedure; or
353          (iii) conduct under Subsection 58-67-501(2).
354          (20) "Prescription device" means an instrument, apparatus, implement, machine,
355     contrivance, implant, in vitro reagent, or other similar or related article, and any component
356     part or accessory, which is required under federal or state law to be prescribed by a practitioner
357     and dispensed by or through a person or entity licensed under this chapter or exempt from
358     licensure under this chapter.
359          (21) "Prescription drug" means a drug that is required by federal or state law or rule to
360     be dispensed only by prescription or is restricted to administration only by practitioners.
361          (22) (a) "Primary sex characteristic surgical procedure" means any of the following if
362     done for the purpose of effectuating or facilitating an individual's attempted sex change:
363          (i) for an individual whose biological sex at birth is male, castration, orchiectomy,
364     penectomy, vaginoplasty, or vulvoplasty;
365          (ii) for an individual whose biological sex at birth is female, hysterectomy,
366     oophorectomy, metoidioplasty, or phalloplasty; or
367          (iii) any surgical procedure that is related to or necessary for a procedure described in
368     Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not
369     sterile.
370          (b) "Primary sex characteristic surgical procedure" does not include:
371          (i) surgery or other procedures or treatments performed on an individual who:
372          (A) is born with external biological sex characteristics that are irresolvably ambiguous;
373          (B) is born with 46, XX chromosomes with virilization;
374          (C) is born with 46, XY chromosomes with undervirilization;
375          (D) has both ovarian and testicular tissue; or
376          (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a
377     sex development disorder characterized by abnormal sex chromosome structure, sex steroid
378     hormone production, or sex steroid hormone action for a male or female; or
379          (ii) removing a body part:
380          (A) because the body part is cancerous or diseased; or
381          (B) for a reason that is medically necessary, other than to effectuate or facilitate an
382     individual's attempted sex change.
383          (23) (a) "Secondary sex characteristic surgical procedure" means any of the following
384     if done for the purpose of effectuating or facilitating an individual's attempted sex change:
385          (i) for an individual whose biological sex at birth is male, breast augmentation surgery,
386     chest feminization surgery, or facial feminization surgery; or
387          (ii) for an individual whose biological sex at birth is female, mastectomy, breast
388     reduction surgery, chest masculinization surgery, or facial masculinization surgery.
389          (b) "Secondary sex characteristic surgical procedure" does not include:
390          (i) surgery or other procedures or treatments performed on an individual who:
391          (A) is born with external biological sex characteristics that are irresolvably ambiguous;
392          (B) is born with 46, XX chromosomes with virilization;
393          (C) is born with 46, XY chromosomes with undervirilization;
394          (D) has both ovarian and testicular tissue; or
395          (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a
396     sex development disorder characterized by abnormal sex chromosome structure, sex steroid
397     hormone production, or sex steroid hormone action for a male or female; or
398          (ii) removing a body part:
399          (A) because the body part is cancerous or diseased; or
400          (B) for a reason that is medically necessary, other than to effectuate or facilitate an
401     individual's attempted sex change.
402          (24) "SPEX" means the Special Purpose Examination of the Federation of State
403     Medical Boards.
404          (25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
405     and 58-67-501.
406          (26) "Unprofessional conduct" means the same as that term is defined in Sections
407     58-1-501 and 58-67-502, and as may be further defined by division rule.
408          Section 5. Effective date.
409          This bill takes effect on May 1, 2024.