58-1-307 - Exemptions from licensure.
58-1-307. Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following individuals may engagein the practice of their occupation or profession, subject to the stated circumstances andlimitations, without being licensed under this title:
(a) an individual serving in the armed forces of the United States, the United StatesPublic Health Service, the United States Department of Veterans Affairs, or other federalagencies while engaged in activities regulated under this chapter as a part of employment withthat federal agency if the individual holds a valid license to practice a regulated occupation orprofession issued by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation orprofession while in training in a recognized school approved by the division to the extent theactivities are supervised by qualified faculty, staff, or designee and the activities are a definedpart of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,fellowship, apprenticeship, or on-the-job training program approved by the division while underthe supervision of qualified individuals;
(d) an individual residing in another state and licensed to practice a regulated occupationor profession in that state, who is called in for a consultation by an individual licensed in thisstate, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or otherbody approved by the division to conduct a lecture, clinic, or demonstration of the practice of aregulated occupation or profession if the individual does not establish a place of business orregularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, topractice or engage in an occupation or profession, while engaged in the lawful, professional, andcompetent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs thatprofession while attending to the immediate needs of a patient for a reasonable period duringwhich the patient is being transported from outside of this state, into this state, or through thisstate;
(h) an individual licensed in another state or country who is in this state temporarily toattend to the needs of an athletic team or group, except that the practitioner may only attend tothe needs of the athletic team or group, including all individuals who travel with the team orgroup in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that mayexceed the ability of this state to address through its licensees, as determined by the division; and
(iii) for a limited period of time not to exceed the duration of that event, together withany necessary preparatory and conclusionary periods; and
(j) a law enforcement officer, as defined under Section 53-13-103, who:
(i) is operating a voice stress analyzer in the course of the officer's full-time employmentwith a federal, state, or local law enforcement agency;
(ii) has completed the manufacturer's training course and is certified by the manufacturerto operate that voice stress analyzer; and
(iii) is operating the voice stress analyzer in accordance with Section 58-64-601,regarding deception detection instruments.
(2) (a) A practitioner temporarily in this state who is exempted from licensure underSubsection (1) shall comply with each requirement of the licensing jurisdiction from which thepractitioner derives authority to practice.
(b) Violation of a limitation imposed by this section constitutes grounds for removal ofexempt status, denial of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice orengage in an occupation or profession may engage in the lawful, professional, and competentpractice of that occupation or profession without additional licensure under other chapters of thistitle, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public healthemergency as defined in Section 26-23b-102, or a declaration by the President of the UnitedStates or other federal official requesting public health-related activities, the division incollaboration with the board may:
(a) suspend the requirements for permanent or temporary licensure of individuals whoare licensed in another state. Individuals exempt under this Subsection (4)(a) are exempt fromlicensure for the duration of the emergency while engaged in the scope of practice for which theyare licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection (5),the scope of practice restrictions under this title for individuals who are licensed under this titleas:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, UtahOsteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse LicensureCompact;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b, PharmacyPractice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental HygienistPractice Act; and
(vii) a physician assistant under Chapter 70a, Physician Assistant Act;
(c) suspend the requirements for licensure under this title and modify the scope ofpractice in the circumstances described in this Subsection (4) and Subsection (5) for medicalservices personnel or paramedics required to be certified under Section 26-8a-302;
(d) suspend requirements in Subsections 58-17b-620(3) through (6) which require certainprescriptive procedures;
(e) exempt or modify the requirement for licensure of an individual who is activated as amember of a medical reserve corps during a time of emergency as provided in Section26A-1-126; and
(f) exempt or modify the requirement for licensure of an individual who is registered as avolunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency VolunteerHealth Practitioners Act.
(5) Individuals exempt under Subsection (4)(c) and individuals operating under modified
scope of practice provisions under Subsection (4)(b):
(a) are exempt from licensure or subject to modified scope of practice for the duration ofthe emergency;
(b) must be engaged in the distribution of medicines or medical devices in response tothe emergency or declaration; and
(c) must be employed by or volunteering for:
(i) a local or state department of health; or
(ii) a host entity as defined in Section 26-49-102.
Amended by Chapter 242, 2008 General Session