13-1b-402. Scope of practice review -- Process.
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Effective 5/6/2026
13-1b-402. Scope of practice review -- Process.
(1)A requestor may request a scope of practice review by submitting a request for scope of practice review in a form the office approves.
(a)Upon receipt of a request for scope of practice review, the office shall:
(i)make a determination as to whether the office will conduct a scope of practice review; and
(ii)notify the chairs of the Business and Labor Interim Committee of the request for scope of practice review.
(b)After making a determination described in Subsection (2)(a)(i) , the office shall:
(i)if the office declines to conduct a scope of practice review, provide the requestor with a reason for the denial; or
(ii)if the office intends to conduct a scope of practice review:
(A)inform the requestor that the office will conduct a scope of practice review; and
(B)conduct a scope of practice review in accordance with Subsection
(3).
(a)When conducting a scope of practice review, the office shall convene a group of individuals to advise on the impact of the expansion of the scope of review.
(b)When selecting the individuals for the group described in Subsection (3)(a) , the office:
(i)in consultation with the applicable board appointed in accordance with Section 58-1-201 , shall select at least:
(A)one individual that the applicable board approves from the regulated occupation that the proposed expansion of scope will affect; and
(B)one other individual from the regulated occupation that the proposed expansion of scope will affect; and
(ii)may select one or more of the following individuals:
(A)a representative of an entity that employs healthcare practitioners;
(B)a representative of an institution of higher education that provides training to prospective and current healthcare practitioners; and
(C)an individual with technical expertise relevant to the scope of practice review.
(c)In consultation with the group described in Subsection (3)(a) , the office shall:
(i)consider the criteria described in Section 13-1b-403 ; and
(ii)determine whether to provide a recommendation that a regulated healthcare occupation incorporate an innovation into the regulated healthcare occupation's practice.
(4)If the office determines that a regulated healthcare occupation should incorporate an innovation into the regulated healthcare occupation's practice, the office shall create a preliminary report to present to the Business and Labor Interim Committee that:
(a)recommends how the regulated healthcare occupation may incorporate the innovation into the regulated healthcare occupation's scope of practice; and
(b)describes how incorporating the innovation expands the regulated healthcare occupation's scope of practice.
(5)The office shall provide the preliminary report described in Subsection
(4)to the Business and Labor Interim Committee in accordance with Section 13-1b-304 .
(6)Upon receiving the preliminary report under Subsection
(5), the Business and Labor Interim Committee may:
(a)recommend draft legislation to address the preliminary report described in Subsection
(4);
(b)recommend that the Division of Occupational and Professional Licensing make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(c)take any other action that the Business and Labor Interim Committee deems appropriate.
(7)After presenting the preliminary report, the office shall create and publish a final report based on the preliminary report and any recommendations provided by the Business and Labor Interim Committee.
Enacted by Chapter 353 , 2026 General Session