Utah Admin. Code R156-67-305 - Exemptions from Licensure

Exemptions from licensure as a physician and surgeon under Subsection 58-1-307(1) and Section 58-67-305 are subject to the following:

(1) a physician who is exempted from licensure shall obtain a Utah Controlled Substance License before prescribing, dispensing, or administering a controlled substance outside of a hospital;

(2) a person engaged in a public screening program making measures of physiologic conditions such as serum cholesterol, blood sugar, or blood pressure is exempt from licensure and is not engaged in the practice of medicine if:

(a) the instruments or devices used in making measures are:

(i) approved by the FDA, to the extent an approval is required; and

(ii) used in accordance with those approvals;

(b) the facilities and testing protocol meet the standards and personnel training requirements of the Utah Department of Health and Human Services;

(c) unlicensed personnel:

(i) do not interpret results of measures or tests;

(ii) do not recommend treatment or the purchase of any product; and

(iii) conform to the referral and follow-up protocol approved by the Utah Department of Health and Human Services for each measure or test;

(d) licensed personnel act within their scope of practice; and

(e) the information provided to the individuals measured or tested to allow them to interpret their own results is only that approved by the Utah Department of Health and Human Services;

(3) an unlicensed public safety individual who does not have emergency medical technician (EMT) certification, but who is designated as a first responder by city, county, or state officials, may carry a Mark I automatic injector antidote kit and self-administer the antidote, or administer the antidote to the individual's designated first response buddy, if:

(a) the kit is procured through the Utah Department of Health and Human Services;

(b) the kit is issued to the individual by the individual's employing agency; and

(c) before being issued the kit, the responder has completed a course on the use of auto-injectors; and

(4) under Subsection 58-67-305(6)(b)(iv), a medical assistant under the indirect supervision of a physician, may not engage in the following medical practices or procedures:

(a) diagnosing;

(b) establishing a treatment plan; or

(c) injecting the following:

(i) medication or substance, including a neurotoxin or filler, for cosmetic purposes; or

(ii) cosmetic products with bioactive ingredients with claimed medical benefits.

Notes

Utah Admin. Code R156-67-305

Adopted by Utah State Bulletin Number 2023-03, effective 1/12/2023 Amended by Utah State Bulletin Number 2025-01, effective 12/24/2024