58-67-305. Exemptions from licensure.
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Effective 5/7/2025
58-67-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following individuals may engage in the described acts or practices without being licensed under this chapter:
(1)an individual rendering aid in an emergency, when no fee or other consideration of value for the service is charged, received, expected, or contemplated;
(2)an individual administering a domestic or family remedy;
(i)a person engaged in the sale of vitamins, health foods, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited by state or federal law; and
(ii)a person acting in good faith for religious reasons, as a matter of conscience, or based on a personal belief, when obtaining or providing any information regarding health care and the use of any product under Subsection (3)(a)(i); and
(b)Subsection (3)(a) does not:
(i)allow a person to diagnose any human disease, ailment, injury, infirmity, deformity, pain, or other condition; or
(ii)prohibit providing truthful and non-misleading information regarding any of the products under Subsection (3)(a)(i);
(4)a person engaged in good faith in the practice of the religious tenets of any church or religious belief, without the use of prescription drugs;
(5)an individual authorized by the Department of Public Safety under Section 53-2d-103 , to draw blood pursuant to Subsection 41-6a-523 (1)(a)(vi), 53-10-405 (2)(a)(vi), 72-10-502 (5)(a)(vi), or 77-23-213 (3)(a)(vi);
(6)a medical assistant:
(a)administering a vaccine under the general supervision of a physician; or
(b)under the indirect supervision of a physician, engaging in tasks appropriately delegated by the physician in accordance with the standards and ethics of the practice of medicine, except for:
(i)performing surgical procedures;
(ii)prescribing prescription medications;
(iii)administering anesthesia other than for a local anesthetic for minor procedural use; or
(iv)engaging in other medical practices or procedures as defined by division rule in collaboration with the board;
(7)an individual engaging in the practice of medicine when:
(a)the individual is licensed in good standing as a physician in another state with no licensing action pending and no less than 10 years of professional experience;
(b)the services are rendered as a public service and for a noncommercial purpose;
(c)no fee or other consideration of value is charged, received, expected, or contemplated for the services rendered beyond an amount necessary to cover the proportionate cost of malpractice insurance; and
(d)the individual does not otherwise engage in unlawful or unprofessional conduct;
(8)an individual providing expert testimony in a legal proceeding; and
(9)an individual who is invited by a school, association, society, or other body approved by the division to conduct a clinic or demonstration of the practice of medicine in which patients are treated, if:
(a)the individual does not establish a place of business in this state;
(b)the individual does not regularly engage in the practice of medicine in this state;
(c)the individual holds a current license in good standing to practice medicine issued by another state, district or territory of the United States, or Canada;
(d)the primary purpose of the event is the training of others in the practice of medicine; and
(e)neither the patient nor an insurer is billed for the services performed.
Amended by Chapter 340 , 2025 General Session