SB 31 — Office of Professional Licensure Review Amendments

(2)(2)(a) - 9 - SB0031 compared with SB0031S04 (a) "Death by violence" means death that resulted by the decedent's exposure to physical, mechanical, or chemical forces.

(b)- "Death7 by- violence"S.B. includes death that appears to have been due to homicide, death that occurred during or in an attempt to commit rape, mayhem, kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable by imprisonment for more than one year, or any attempt to commit any of the foregoing offenses.

31 Enrolled Copy (b) "Death by violence" includes death that appears to have been due to homicide, death that occurred during or in an attempt to commit rape, mayhem, kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable by imprisonment for more than one year, or any attempt to commit any of the foregoing offenses.

or] [(c) an advance practice registered nurse licensed under Subsection {[}58-31b-301(2)(e).] 58-31b-301(2) (e){] 58-31b-301(2)(a) through (c)}.] (5) "Medical examiner" means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner.

- 10 - SB0031 compared with SB0031S04 (8) "Sudden death while in apparent good health" means apparently instantaneous death without- obvious8 natural- cause,Enrolled deathCopy duringS.B. or following an unexplained syncope or coma, or death during an acute or unexplained rapidly fatal illness.

31 without obvious natural cause, death during or following an unexplained syncope or coma, or death during an acute or unexplained rapidly fatal illness.

(12)(12)(a) (a) "Unavailable for postmortem investigation" means that a dead body is:

58-1-401.58-1-401 (Effective 05/06/26).

- 11 - SB0031 compared with SB0031S04 (2) The division may refuse to issue a license to an applicant and may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the license of a licensee for the following reasons:

(b)- the9 applicant- orS.B. licensee has engaged in unlawful conduct as defined by statute under this title;

31 Enrolled Copy (b) the applicant or licensee has engaged in unlawful conduct as defined by statute under this title;

(6)(6)(a) (a) The division may not take disciplinary action against a person for unprofessional or unlawful conduct under this title, unless the division enters into a stipulated agreement or initiates an adjudicative proceeding regarding the conduct within four years after the conduct is reported to the division, except under Subsection (6)(b).

(b)(b)(i) - 12 - SB0031 compared with SB0031S04 (i) The division may not take disciplinary action against a person for unprofessional or unlawful conduct more than 10 years after the occurrence of the conduct, unless the proceeding is in response to a civil or criminal judgment or settlement and the proceeding is initiated within one year following the judgment or settlement.

(7)- When10 the- divisionEnrolled isCopy determiningS.B. whether to refuse to issue a license to an applicant, or to refuse to renew the license of a licensee, based solely on the criminal conviction of an applicant or licensee, the division shall:

31 (7) When the division is determining whether to refuse to issue a license to an applicant, or to refuse to renew the license of a licensee, based solely on the criminal conviction of an applicant or licensee, the division shall:

58-1-510.58-1-510 (Effective 05/06/26).

- 13 - SB0031 compared with SB0031S04 (ii) under Subsection [58-31b-301(2)(e)] 58-31b-301(2)(b);

or (v) as a dentist under Chapter 69, Dentist and Dental Hygienist Practice Act, and who has obtained the appropriate permit established by the division under Subsection 58-69-301(4).- 11 - S.B.

31 Enrolled Copy 58-69-301(4).

- 14 - SB0031 compared with SB0031S04 (a) first providing the following information in writing and verbally:

(ii)- the12 identity,- typeEnrolled ofCopy license,S.B. and training of the provider who is performing the procedure for which the anesthesia or sedation will be administered;

31 (ii) the identity, type of license, and training of the provider who is performing the procedure for which the anesthesia or sedation will be administered;

(g)(g)(i) (i) having at least one individual in the procedure room who has advanced airway training and the knowledge and skills to recognize and treat airway complications and rescue a patient who entered a deeper than intended level of sedation;

and - 15 - SB0031 compared with SB0031S04 (E) unexpired emergency and reversal medications including naloxone for opioid sedation and flumazenil for benzodiazepine sedation;

(i)- using13 monitors- thatS.B. meet basic standards set by the American Society of Anesthesiologists and continually monitoring ventilatory function with capnography unless precluded or invalidated by the nature of the patient, procedure, or equipment;

31 Enrolled Copy (i) using monitors that meet basic standards set by the American Society of Anesthesiologists and continually monitoring ventilatory function with capnography unless precluded or invalidated by the nature of the patient, procedure, or equipment;

(3)(3)(a) (a) An anesthesia or sedation provider who violates Subsection (2) or [any] a rule [created[ created by the division] the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section commits unprofessional conduct.

(4)(4)(a) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to create training and safety standards regarding the inducing of general anesthesia, deep sedation, and moderate sedation:

(b) For making rules described in Subsection (4)(a), the division shall consult with the applicable licensing boards and a board described in Sections 58-67-201, [58-68-201, ]and] and 58-69-201.

- 16 - SB0031 compared with SB0031S04 (a) the employee notifies the division of:

(i)- a14 violation- ofEnrolled thisCopy section;S.B.

31 (i) a violation of this section;

58-1-602.58-1-602 (Effective 05/06/26).

(i) Subsection [58-31b-301(2)(a), (b), (d), or (e)] 58-31b-301(2)(a), (2)(b), (2)(c), (2)(d), (2)(f), or (2)(2)(g); (g);

(b)(b)(i) (i) "NADA protocol" means:

(4)- In15 accordance- withS.B. Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules for implementing Subsection (3).

-31 17Enrolled -Copy SB0031(4) comparedIn accordance with SB0031S04Title Section63G, 7.Chapter 3, Utah Administrative Rulemaking Act, the division may make rules for implementing Subsection (3).

Section 7.

58-1-603.58-1-603 (Effective 05/06/26).

(e)(e)(i) (i) "Hormonal transgender treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change:

(B) to an individual whose biological sex at birth is male, a dose of estrogen or a synthetic compound with estrogenic activity or effect at levels above those normally- found16 in- anEnrolled individualCopy whoseS.B. biological sex at birth is male;

or31 -normally 18found -in SB0031an comparedindividual withwhose SB0031S04biological (C)sex aat pubertybirth inhibitionis drug.male;

or (C) a puberty inhibition drug.

(2)(2)(a) (a) The division shall create a transgender treatment certification on or before July 1, 2023.

(i)- is17 a- healthS.B. care provider or a mental health professional;

and31 -Enrolled 19Copy -(i) SB0031is compareda with SB0031S04 (ii) has completed at least 40 hours of education related to transgender health care forprovider minorsor froma anmental approvedhealth organization.professional;

and (ii) has completed at least 40 hours of education related to transgender health care for minors from an approved organization.

(3)(3)(a) (a) A health care provider may provide a hormonal transgender treatment to a minor only if the health care provider has been treating the minor for gender dysphoria for at least six months.

and - 20 - SB0031 compared with SB0031S04 (C) the likelihood that the hormonal transgender treatment will meet the short-term and long-term expectations described in Subsection (3)(b)(v)(B);

(vi)- unless18 the- minorEnrolled isCopy emancipated,S.B. discuss with the minor's parent or guardian:

31 (vi) unless the minor is emancipated, discuss with the minor's parent or guardian:

(4)- The19 mental- healthS.B. evaluation shall:

31 Enrolled Copy (4) The mental health evaluation shall:

- 21 - SB0031 compared with SB0031S04 (i) beginning January 1, 2024, has a current transgender treatment certification;

58-24b-102.58-24b-102 (Effective 05/06/26).

[(3)] (2) "Consultation by telecommunication" [means the provision of expert or professional advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or a health care provider by telecommunication or electronic communication] means a health care providerprovider, , as that term is defined in Section 58-1-501.8, receiving professional advice through electronic communication from a physical therapist who is licensed outside of the state.

(3) "Dry needling" means a skilled intervention using a filiform needle to penetrate the skin and underlying tissue for the evaluation, management, {and } or prevention of a disability, a movement impairment, a neuromusculoskeletal condition, or pain.

{[(4)(4) "General supervision" means supervision and oversight of an individual by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the individual.]}individual. {[(5){]} {(4)} } "Licensed physical therapist" means an individual licensed under this chapter to engage in the practice of physical therapy.

{[(6){]}(5) {(5)} } "Licensed physical therapisttherapist" assistant" means an individual licensed under this chapter to engage in the practice of physical therapy,therapy. subject to the provisions of Subsection 58-24b-401(2) (a).

- 2220 - SB0031Enrolled comparedCopy withS.B. SB0031S04 {[(7){]} {(6)} } "Licensing examination" means a nationally recognized physical therapy examination that [is approved by the division, in consultation with the board] the division approves by rule the division makes in consultation with the board and with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

{[(8)31 "On-site(6) supervision""Licensed meansphysical supervisiontherapist andassistant" oversightmeans of an individual by a licensed physicalunder therapistthis orchapter ato licensedengage physicalin therapist assistant when the licensedpractice physicalof therapist or licensed physical therapisttherapy, assistantsubject is:]}to {[(a) continuously present at the facilityprovisions whereof theSubsection individual58-24b-401(2)(a). is providing services;]} {[(b) immediately available to assist the individual;

and]}(7) {[(c)"Licensing regularlyexamination" involved in the services being provided by the individual.]} {[(9){]} {{(7)} } "On-site supervision" means the supervision of a licensednationally recognized physical therapisttherapy orexamination athat licensed[is physicalapproved therapistby assistant when the supervisingdivision, licensedin physicalconsultation therapistwith is:} {(a) continuously present at the facilityboard] where the licenseddivision physicalapproves therapistby orrule licensedthe physicaldivision therapistmakes assistantin providesconsultation with the service;}board {(b)and immediatelywith availableTitle to63G, assistChapter the3, licensedUtah physicalAdministrative therapistRulemaking orAct. licensed physical therapist assistant;

and}(8) {(c)"On-site {regularlysupervision" involvedmeans insupervision theand serviceoversight theof supervisedan individual by a licensed physical therapist or a licensed physical therapist assistant provides.}when {(8)}the "Physicallicensed impairment"physical means:therapist or licensed physical therapist assistant is:

(a) continuously present at the facility where the individual is providing services;

(b) immediately available to assist the individual;

and (c) regularly involved in the services being provided by the individual.

(9) "Physical impairment" means:

- 23 - SB0031 compared with SB0031S04 (f) a mobility impairment;

{[(10){]}(10)(a) {(9)} } (a) "Physical therapy" [or "physiotherapy" means:] means examining, evaluating, and testing an individual {client } who has a physical impairment or injury.

(i) ordering{:}ordering imaging in accordance with Section 58-54-303 {(A)} {imaging in accordance with Section 58-54-303;

and}- {(B)}21 laboratory- testingS.B. in accordance with Section 58-24b-403};

31 Enrolled Copy (ii) identifying or labeling a physical impairment or injury;

or - 24 - SB0031 compared with SB0031S04 [(xi)] (xii) [engaging in administration, consultation, education, and research relating to ] administering, consulting, educating, and researching the practices described in [this[ Subsectionthis {[}Subsection (10)(a);

or] {(9)(a)} Subsection (10).

(iii)- performing22 acupuncture;- Enrolled Copy S.B.

31 (iii) performing acupuncture;

{[(11){]}(11) {(10)} } "Physical therapy aide" means an individual who:

{[(12){]}(12) {(11)} } "Recognized accreditation agency" means an accreditation agency that[:] the division approves in consultation with the board.

and] [(b) is approved by the division, in consultation with the board.] {[(13){]}(13)(a) {(12)} } (a) "Testing" means a standard method or technique used to gather data regarding a patient that is generally and nationally accepted by physical therapists for the practice of physical therapy.

- 25 - SB0031 compared with SB0031S04 (i) muscle strength, force, endurance, or tone;

(xvii)- [functioning]23 physical- movementS.B. and mobility functions in the physical environment at home or work[, as it relates to physical movement and mobility];

31 Enrolled Copy (xvii) [functioning] physical movement and mobility functions in the physical environment at home or work[, as it relates to physical movement and mobility];

[(14)[(14)(a) (a) "Trigger point dry needling" means the stimulation of a trigger point using a dry needle to treat neuromuscular pain and functional movement deficits.] [(b) "Trigger point dry needling" does not include the stimulation of auricular or distal points.] [(15)] (13){(14)}(14) "Therapeutic intervention" includes:

- 26 - SB0031 compared with SB0031S04 (ii) therapeutic massage;

(vi)- sound;24 - Enrolled Copy S.B.

31 (vi) sound;

[(n)] (o) { and {[(n)] (o)} correction of posture, body mechanics, or gait{[;gait;

and{]}and .} [(o)] (p) {triggertrigger point dry needling, under the conditions described in Section 58-24b-505.]}58-24b-505. Section 9.

Section 9.

-58-24b-402 27(Effective -05/06/26). SB0031 compared with SB0031S04 58-24b-402.

(e) perform on a patient all therapeutic intervention [on a patient ]that is outside of the [standard[ standard ]scope of practice of a licensed physical therapist assistant or a physical therapy aide;

(2)- A25 licensed- physicalS.B. therapist assistant or a physical therapy aide may not:

31 Enrolled Copy (2) A licensed physical therapist assistant or a physical therapy aide may not:

- 28 - SB0031 compared with SB0031S04 (a) a simple joint distraction technique or stretching;

58-24b-403.58-24b-403 (Effective 05/06/26).

{(5)Section A11. licensed physical therapist may order a laboratory test if the licensed physical therapist:} {(a) is trained on the best practices for ordering a laboratory test;} {(b) is ordering the laboratory test that is relevant to the practice of physical therapy and treatment of a musculoskeletal disorder;

and} {(c) is in a physical therapist-patient relationship with the patient for whom there is a clinical need for the order.} {(6) Within seven days after the day on which a licensed physical therapist receives the results of a test that the licensed physical therapist orders, the licensed physical therapist shall:} {(a) report the results to:} {(i) the patient's health care provider of record, if designated;

or} {(ii) the referring health care provider, if designated;

or} {(b) provide the patient a referral to an appropriate health care provider if:} {(i) the patient does not provide a health care provider of record or a referring health care provider;

and} - 29 - SB0031 compared with SB0031S04 {(ii) the licensed physical therapist has reasonable cause to believe that the patient may have a symptom or condition that requires a service beyond the licensed physical therapist's scope of practice.} Section 11.

58-31b-102.58-31b-102 (Effective 05/06/26).

(1)- "Administrative26 penalty"- meansEnrolled aCopy monetaryS.B. fine or citation that the division imposes:

31 (1) "Administrative penalty" means a monetary fine or citation that the division imposes:

(7)(7)(a) (a) "License" means a license the division issues in accordance with this chapter.

(8)(8)(a) (a) "Licensee" means an individual who is licensed under this chapter.

- 30 - SB0031 compared with SB0031S04 (9) "Long-term care facility" means the following facilities the Department of Health and Human Services licenses under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection:

or (e)- a27 designated- swingS.B. bed unit in a general hospital.

31 Enrolled Copy (e) a designated swing bed unit in a general hospital.

(a) in accordance with Section 58-31b-803, prescribing or administering {of } a prescription drug including a Schedule II-V controlled substance;

(b) {preanesthesiapre-anesthesia }preparation pre-anesthesiapreparation and evaluation, including:

(i) performing a {preanestheticpre-anesthetic }assessment pre-anestheticassessment of the patient;

(12) "Registered"Routine nursingmedication" clinical practice experience" means providingan nursingestablished caremedication tothat: patients as:

(a) a registered nurse;

or - 31 - SB0031 compared with SB0031S04 (b) a student in an approved registered nursing or advanced practice registered nursing education program {as the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act} .

(13) "Routine medication" means an established medication that:

(v)- nasal;28 - Enrolled Copy S.B.

31 (v) nasal;

(14)(13) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-31b-501.

(15)(14) "Unlicensed assistive personnel" means an unlicensed individual, regardless of title, who is delegated a task by a licensed registered nurse as the division permits by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession.

(16)(15) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as the division may define by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

58-31b-103.58-31b-103 (Effective 05/06/26).

(1) There is created a restricted account within the General Fund known as the "Nurse Education and Enforcement Account." - 32 - SB0031 compared with SB0031S04 (2) The restricted account shall consist of:

Section- 13.29 - S.B.

31 Enrolled Copy Section 13.

58-31b-301.58-31b-301 (Effective 05/06/26).

(2) The division shall issue to an individual who qualifies under this chapter a license{[license or certification]}certification in the classification of:

- 33 - SB0031 compared with SB0031S04 (e) medication aidecertified;aide certified;

(3)(3)(a)(i) (a) (i) [An individual] The division shall issue an advanced practice registered nurse - without prescriptive practice license to an individual holding an advanced practice registered nurse license as of July 1, 1998, and who cannot document the successful completion of advanced course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics[, may not prescribe and shall be issued an "APRN - without prescriptive practice" license].

(b){(ii)}(ii) {An } The division shall issue an advanced practice registered nurse - certified registered nurse anesthetist without prescriptive practice license to an individual {who has } holding an advanced practice registered nurse - certified registered nurse anesthetist without prescriptive practice license {may not prescribe medication} as of July 1, 1998, and who cannot document the successful completion of advanced course work in patient assessment,- diagnosis30 and- treatment,Enrolled andCopy pharmacotherapeutics.S.B.

(b)31 {(4)}assessment, Andiagnosis individualand whotreatment, hasand anpharmacotherapeutics. advanced practice registered nurse - without prescriptive practice license may not prescribe medication.

(b)(i) An individual who has an advanced practice registered nurse - without prescriptive practice license may not prescribe medication.

58-31b-302.58-31b-302 (Effective 05/06/26).

{(1)(1)(a) {6} } (1) - 34 - SB0031 compared with SB0031S04 (a) Each applicant for licensure under this chapter, except an applicant under Subsection 58-31b-301(2)58-31b-301(2)(e), (e), shall:

(2)- (a)31 An- applicantS.B. for licensure as an advanced practice registered nurse shall:

31 Enrolled Copy (2)(a) An applicant for licensure as an advanced practice registered nurse shall:

(iii) have the physical and mental health to safely perform the activities described in Subsection (2)(2)(c); (c);

(iv)(iv)(A) (A) receive a graduate degree from an approved education program in advanced practice registered nursing or a related area of specialized knowledge as the division determines appropriate by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

or (B) have completed a nurse anesthesia program in accordance with Subsection {(2)(v)(B)} (2)(a)(v);

- 35 - SB0031 compared with SB0031S04 (A) course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics from an approved education program;

or (B) a nurse anesthesia program that is approved by the Council on Accreditation of Nurse Anesthesia Educational ProgramsorPrograms or another accrediting body the division approves by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vi) excepthold asa providedcurrent inregistered Subsectionnurse (2)(b),license provide evidence to the division, in agood mannerstanding theissued division approves by rule the divisionstate makesor inbe collaborationqualified withas thea board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, of at least {6,000 } 2,000 hours of registered nursingnurse; clinical practice experience;

(vii) holdto apractice currentwithin registeredthe nursepsychiatric licensemental inhealth goodnursing standingspecialty, issueddemonstrate, as the division requires by rule the statedivision ormakes bein qualifiedaccordance aswith aTitle registered63G, nurse;Chapter 3, Utah Administrative Rulemaking Act, that the applicant is in the process of completing the applicant's clinical practice requirements in psychiatric mental health nursing, including psychotherapy;

(viii) tohave practicepassed within the psychiatricexaminations mental health nursing specialty, demonstrate, as the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,Act; that the applicant is in the process of completing the applicant's clinical practice requirements in psychiatric mental health nursing, including psychotherapy;

(ix) havemeet passedwith the examinationsboard, theif division requires by rule the divisionboard makesrequests, into collaborationdetermine with the boardapplicant's andqualifications infor accordancelicensure. with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

and(b) (x)A meetlicensed withadvanced thepractice board,registered ifnurse themay: board requests, to determine the applicant's qualifications for licensure.

(b) (i) Subsection (2)(a)(vi) does not apply to an applicant seeking licensure:

(A) as an advanced practice registered nurse - certified registered nurse anesthetist with prescriptive authority;

or (B) before July 1, 2028.

(ii) The division may grant an exception to the requirements of Subsection (2)(a)(vi) before July 1, 2030, through rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

- 36 - SB0031 compared with SB0031S04 (iii) For purposes of licensure endorsement in accordance with Subsection 58-1-302(6)(a), registered nursing clinical practice experience may include experience working as an advanced practice registered nurse in another jurisdiction.

(c) A licensed advanced practice registered nurse may:

(iii)- prescribe32 or- administerEnrolled prescriptionCopy drugsS.B. or devices, including:

31 (iii) prescribe or administer prescription drugs or devices, including:

and (B) {a } Schedule II-V controlled {substance } substances in accordance with Section 58-31b-803;

(iv) if a licensed advanced practice registered nurse - certified registered nurse anesthetist, engage in the practice of nurse {anesthesia} anesthesia;

{and } (v) engage in other activities that are within the practice of advanced practice registered nursing as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

and (B) consistent with professionally recognized preparation and education standards of an advanced practice registered nurse{.}nurse. ;

and(c) (vi)Notwithstanding notwithstanding Sections 58-67-805 and 58-68-805, authorization to treat under this section includes performing minor surgical procedures.

(d) The division may only define an activity as within the practice of advanced practice registered nursing ifif: {the activity is} :

(i){(A)}(A) within the generally recognized scope of practice for a licensed advanced practice registered nurse;

and (ii){(B)}(B) consistent with professionally recognized standards{.}standards; ;

(3)(3)(a) (a) An applicant for {licensure } certification as a medication aide certified shall:

- 37 - SB0031 compared with SB0031S04 (iii) have a high school diploma or the equivalent;

{(v)(v) } (A){(v)} have a minimum of 2,000 hours of experience within the two years before the day on which the applicant submits the application, working as a certified nurse aide in a long-term care facility or another health care facility that the division designates by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative {RulemakingRulemaking }Act; RulemakingAct;

{and} {(B) {have a minimum of 60 hours of classroom training and 40 hours of practical training in administering a routine medication to a patient or a resident of a long-term care facility that the division or another health care facility that the division designates by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;} } (vi) {obtain } provide letters of recommendation from a health care facility administrator and a registered- nurse33 familiar- withS.B. the applicant's work practices as a certified nurse aide;

(vii)31 haveEnrolled theCopy physicalregistered andnurse mentalfamiliar healthwith tothe safelyapplicant's performwork thepractices activitiesas describeda incertified Subsectionnurse (3)aide; (b);

(viii)(vii) have completedthe anphysical approved education program for a medication aide certified consisting of at least 60 hours of classroom training and 40mental hourshealth of practical training in administering a routine medication to asafely patientperform or a resident of a long-term care facility or an equivalent that the divisionactivities determinesdescribed by rule {the division makes } made in collaborationSubsection with(3)(b); the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(viii) have completed an approved education program for a medication aide certified consisting of at least 60 hours of classroom training and 40 hours of practical training in administering a routine medication to a patient or a resident of a long-term care facility or an equivalent that the division determines by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(b) While under the supervision of a licensed registered nurse, a {licensed } medication aide certified may:

- 38 - SB0031 compared with SB0031S04 (A) is ill, injured, infirm, or is physically, mentally, developmentally, or intellectually disabled;

(A) within the generally recognized scope and standards of a medication aidecertified;aide certified;

and (B) consistent with professionally recognized preparation and education standards of a medication aidecertified.aide certified.

(c) The division may only define an activity as within the practice of a medication aide certified ifif: {the activity is} :

(i)- the34 activity- is:Enrolled Copy S.B.

(i){(A)}31 within(i) the generallyactivity recognizedis: scope of practice for a {licensed } medication aidecertified;

and(A) (ii){(B)}within consistentthe withgenerally professionally recognized standards{.}scope ;of practice for a medication aide certified;

and (B) consistent with professionally recognized standards;

(d) A {licensed } medication aide certified may not assist a resident of a long-term care facility to self-self-administer administer a medication that the Department of Health and Human Services regulates by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(4)(4)(a) (a) An applicant for licensure as a licensed practical nurse shall:

(iv) have the physical and mental health to safely perform the activities described in Subsection (4)(4)(b); (b);

- 39 - SB0031 compared with SB0031S04 (vi) have passed the examinations the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vi) perform other activities that are within the generally recognized scope of practice of- a35 licensed- practicalS.B. nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

31 Enrolled Copy of a licensed practical nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(c) The division may only define an activity as within the practice of practical nursing ifif: {the activity is} :

(i){(A)}(A) within the generally recognized scope of practice for a licensed practical nurse;

and (ii){(B)}(B) consistent with professionally recognized standards{.}standards; ;

(5)(5)(a) (a) An applicant for licensure as a registered nurse shall:

- 40 - SB0031 compared with SB0031S04 (iv) have the physical and mental health to safely perform the activities described in Subsection (5)(5)(b); (b);

(vi)- implement36 the- strategyEnrolled ofCopy care;S.B.

31 (vi) implement the strategy of care;

(x) manage and supervise the practice of nursing;andnursing; (xi) engage in other activities that are within the practice of a licensed registered nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is:

and (xi) engage in other activities that are within the practice of a licensed registered nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is:

(c) The division may only define an activity as within the practice of a licensed registered nurse ifif: {the activity is} :

(i){(A)}(A) within the generally recognized scope of practice for a licensed registered nurse;

and (ii){(B)}(B) consistent with professionally recognized standards{.}standards; ;

-(6)(a) 41 - SB0031 compared with SB0031S04 (6) (a) An applicant for licensure as a registered nurse apprentice shall:

(A) in good standing with the approved {edcation } education program;

(A)- in37 accordance- withS.B. Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

31 Enrolled Copy (A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

and (C) consistent with professionally recognized preparation and education standards of a registered nurse;andnurse; (ii) the registered nurse apprentice performs under the indirect supervision of an individual licensed in accordance with:

and (ii) the registered nurse apprentice performs under the indirect supervision of an individual licensed in accordance with:

58-31b-303.58-31b-303 (Effective 05/06/26).

and - 42 - SB0031 compared with SB0031S04 (b) produce evidence acceptable to the division and the board that the nursing education program completed by the applicant is equivalent to the minimum standards established by the division in collaboration with the board for an approved licensed practical nursing education program.

and (b)(b)(i) (i) pass the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination;

58-31b-304.58-31b-304 (Effective 05/06/26).

(1)- To38 be- admittedEnrolled toCopy theS.B. examinations required for {[certification{]} licensure} as a {[medication aide certified{]} medication aide}, an individual shall:

31 (1) To be admitted to the examinations required for certification as a medication aide certified, an individual shall:

and (c) meet all requirements of Subsection [58-31b-302(1)] 58-31b-302(3)(a), except Subsection [(1)[(1)(i)] (i)] (3)(a)(ix).

and (c) meet all requirements of Subsection [58-31b-302(2)] 58-31b-302(4)(a), except Subsection [(2)[(2)(f)] (f)] (4)(a)(vi).

and (c) meet all the requirements of Subsection [58-31b-302(4)] 58-31b-302(5)(a), except Subsection[(4)Subsection[(4)(f).] (f).] (5)(a)(vi).

- 43 - SB0031 compared with SB0031S04 Section 17.

58-31b-306.1.58-31b-306.1 (Effective 05/06/26).

(b) 75 days after the day on which the division receives notice from the examination agency that the individual failed to take or pass the examinations described in Subsection [58-31b-302(4)[58-31b-302(4)(f)] (f)] 58-31b-302(5)(a)(vi);

(4)- The39 division- mayS.B. make rules to administer the license described in Subsection (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

{Section31 18.Enrolled Copy (4) The division may make rules to administer the license described in Subsection (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Section 58-31b-401 is amended to read:

} 58-31b-401.

Grounds for denial of licensure and disciplinary proceedings.

[(1) (a) As used in this section, "licensed" or "license" includes certified or certification under this chapter.] [(b) A term or condition applied to the word "nurse" under this section applies to a medication aide certified.] [(2)] (1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.

[(3)] (2) (a) (i) Subject to Subsection [(7)] (6), if a court [of competent] with jurisdiction determines a [nurse] licensee is incapacitated, as defined in Section 75-1-201 or that the [nurse] licensee has a mental illness, as defined in Section 26B-5-301, and is unable to safely engage in the practice - 44 - SB0031 compared with SB0031S04 of nursing, the director shall immediately suspend the license of the [nurse] licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending.

(ii) The director shall promptly notify the [nurse] licensee in writing of a suspension under Subsection [(3)(a)(i)] (2)(a)(i).

(b) (i) Subject to Subsection [(7)] (6), if the division and the majority of the board find reasonable cause to believe a [nurse] licensee who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing nursing with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the [nurse] licensee with a notice of hearing on the sole issue of the capacity of the [nurse] licensee to competently, safely engage in the practice of nursing.

(ii) Except as provided in Subsection [(4)] (3), the hearing described in Subsection [(3)(b)(i)] (4)(a) shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act.

[(4)] (3) (a) Every [nurse] licensee who accepts the privilege of being licensed under this chapter gives consent to:

(i) [submitting ] submit to an immediate mental or physical examination, at the [nurse] licensee's expense and by a division-approved [practitioner] health care provider selected by the [nurse] licensee when directed in writing by the division and a majority of the board to do so;

and (ii) [the admissibility of ] admit the reports of the examining [practitioner] health care provider's testimony or examination[,] ;

and (iii) [waives ] waive all objections on the ground the reports constitute a privileged communication.

(b) [The examination may be ordered by the ] The division, with the consent of a majority of the board, may order an examination only upon a finding of reasonable cause to believe:

(i) the [nurse] licensee has a mental illness, is incapacitated, or otherwise is unable to practice nursing with reasonable skill and safety;

and - 45 - SB0031 compared with SB0031S04 (ii) immediate action by the division and the board is necessary to prevent harm to the [nurse] licensee's patients or the general public.

(c) (i) [Failure of a nurse to submit to the examination ordered under this section is a ground for the division's immediate suspension of the nurse's license by written order of the director] By written order of the director, the division may immediately suspend a licensee's license if the licensee fails to submit an examination the division requires in accordance with this section.

(ii) [The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the nurse and was not related directly to the illness or incapacity of the nurse] The division may issue an order of suspension without further complying with Title 63G, Chapter 4, Administrative Procedures Act, unless the division determines that the licensee failed to submit to the examination the division requires due to circumstances beyond the licensee's control and unrelated to the licensee's health or capacity.

[(5)] (4) (a) A [nurse] licensee whose license is suspended under Subsection [(3) or (4)(c)] (2) or (3)(c) has the right to a hearing to appeal the suspension within 10 days after the license is suspended.

(b) The hearing held under this Subsection [(5)] (4) shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the [nurse] licensee's patients or the general public.

[(6)] (5) A [nurse] licensee whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the [nurse] licensee, under procedures [established by division rule] the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding any change in the [nurse] licensee's condition, to determine whether:

(a) the [nurse] licensee is or is not able to safely and competently engage in the practice of nursing;

and (b) the [nurse] licensee is qualified to have the [nurse] licensee's license to practice under this chapter restored completely or in part.

- 46 - SB0031 compared with SB0031S04 [(7)] (6) The division may not refuse, revoke, suspend, or in any way restrict an applicant or licensee's license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.

[(8)] (7) Section 63G-2-206 may not be construed as limiting the authority of the division to report current significant investigative information to the coordinated licensure information system for transmission to party states as required of the division by Article VII of the Nurse Licensure Compact [- Revised ] revised in Section 58-31e-102.

{Section 19.

Section 58-31b-501 is amended to read:

} 58-31b-501.

Unlawful conduct.

"Unlawful conduct" includes:

(1) using the following titles, names or initials, if the user is not properly licensed [or certified ]under this chapter:

(a) nurse;

(b) licensed practical nurse, practical nurse, or L.P.N.;

(c) [medication aide certified, or M.A.C.;] licensed medication aide, or L.M.A.;

(d) registered nurse or R.N.;

(e) registered nurse practitioner, N.P., or R.N.P.;

(f) registered nurse specialist, N.S., or R.N.S.;

(g) registered psychiatric mental health nurse specialist;

(h) advanced practice registered nurse;

(i) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.;

or (j) other generally recognized names or titles used in the profession of nursing;

(2) (a) using any other name, title, or initials that would cause a reasonable person to believe the user is licensed [or certified ]under this chapter if the user is not properly licensed [or certified ]under this chapter;

and (b) [for purposes of Subsection (2)(a), it is unlawful conduct for a medication aide certified to use the term] using the word "nurse" as a part of a title when licensed as a medication aide;

and (3) conducting a nursing education program in the state for the purpose of qualifying individuals to meet requirements for licensure under this chapter without the program having been approved under Section 58-31b-601.

- 47 - SB0031 compared with SB0031S04 {Section 20.

Section 58-31b-502 is amended to read:

} 58-31b-502.

Unprofessional conduct.

(1) "Unprofessional conduct" includes:

(a) failure to safeguard a patient's right to privacy as to the patient's person, condition, diagnosis, personal effects, or any other matter about which the licensee is privileged to know because of the licensee's [or person with a certification's ]position or practice as a [nurse or practice as a medication aide certified] licensee;

(b) failure [to provide nursing service or service as a medication aide certified] of a licensee to provide licensed service in a manner that demonstrates respect for the patient's human dignity and unique personal character and needs without regard to the patient's race, religion, ethnic background, socioeconomic status, age, sex, or the nature of the patient's health problem;

(c) engaging in sexual relations with a patient during any:

(i) period when a generally recognized professional relationship exists between the person licensed or certified under this chapter and the patient;

or (ii) extended period when a patient has reasonable cause to believe a professional relationship exists between [the person licensed or certified under the provisions of this chapter] a licensee and the patient;

(d) (i) as a result of any circumstance [under] described in Subsection (1)(c), exploiting or using information about a patient or exploiting the licensee's [or the person with a certification's] professional relationship between the licensee [or holder of a certification under this chapter ]and the patient;

or (ii) exploiting the patient by use of the licensee's [or person with a certification's ]knowledge of the patient obtained while acting as a [nurse or a medication aide certified] licensee;

(e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;

(f) unauthorized taking or personal use of nursing supplies from an employer;

(g) unauthorized taking or personal use of a patient's personal property;

(h) unlawful or inappropriate delegation of nursing care;

(i) failure to exercise appropriate supervision of persons providing patient care services under supervision of the licensed nurse;

- 48 - SB0031 compared with SB0031S04 (j) employing or aiding and abetting the employment of an unqualified or unlicensed person to practice as a nurse;

(k) failure to file or record any medical report as required by law, impeding or obstructing the filing or recording of such a report, or inducing another to fail to file or record such a report;

(l) breach of a statutory, common law, regulatory, or ethical requirement of confidentiality with respect to a person who is a patient, unless ordered by a court;

(m) failure to pay a penalty imposed by the division;

(n) violating Section 58-31b-801;

(o) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;

(p) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether [the person licensed or certified under the provisions of this chapter is] the licensee is found guilty of a crime in connection with the violation;

(q) falsely making an entry in, or altering, a medical record with the intent to conceal:

(i) a wrongful or negligent act or omission of [an individual licensed under this chapter] a licensee or an individual under the direction or control of [an individual licensed under this chapter] a licensee;

or (ii) conduct described in Subsections (1)(a) through (n) or Subsection 58-1-501(1);

(r) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

or (s) for an advance practice registered nurse, designating a child as do not resuscitate without parental consent.

(2) "Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, when acting as a recommending medical provider, as that term is defined in Section 26B-4-201, recommending the use of medical cannabis.

(3) Notwithstanding Subsection (2), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for an advanced practice registered nurse[ described in Subsection (2)].

{Section 21.

Section 58-31b-601 is amended to read:

} 58-31b-601.

Minimum standards for nursing programs to qualify graduates -- Temporary approval to qualify graduates for licensure -- Minimum standards for medication aide training to qualify individuals for licensure.

- 49 - SB0031 compared with SB0031S04 (1) Except as provided in Subsections (2) and (3), to qualify as an approved education program for the purpose of qualifying graduates for licensure under this chapter, a nursing education program shall be accredited by an accrediting body for nursing education that is recognized by the United States Department of Education.

(2) (a) The division, in consultation with the board, may approve [a nursing] an education program for up to five years[, for the purpose of qualifying graduates for licensure under this chapter,] if the program:

(i) holds candidacy or is in the process of applying for candidacy for the accreditation described in Subsection (1);

(ii) has been denied initial accreditation after holding candidacy for the accreditation described in Subsection (1);

or (iii) is no longer accredited under Subsection (1);

and (b) has not previously received a term of approval granted by the division.

(3) (a) For a nursing education program that has previously received a term of approval granted under Subsection (2), the division may reapprove the nursing education program [for the purpose of qualifying graduates for licensure ]if:

(i) the reapproval is for a period that does not exceed five years;

and (ii) a minimum of 12 months has passed since the day on which the previous term of approval expired.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, in consultation with the board, shall make rules to implement Subsection (3)(a).

(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this chapter, the division shall make rules defining the minimum standards for a [medication aide certified] medication aide training program to qualify a person for [certification] licensure under this chapter as a [medication aide certified] medication aide.

58-31b-803.58-31b-803 (Effective 05/06/26).

(1) [Except as provided in ] Subject to Subsection (2), a licensed advanced practice registered nurse may prescribe or administer a prescription drug including, a Schedule II-VII -V controlled substance.

- 50 - SB0031 compared with SB0031S04 (2) [This section does not apply to an ] A licensed advanced practice registered nurse [specializing[ specializing as a] - certified registered nurse anesthetist [under Subsection 58-31b-102(11)(d).] in accordance with Subsection 58-31b-302(2) may prescribe only as follows:

(a) {prescribe } up to a five-day supply of prescription drugs including, Schedule II-V controlled substances immediately before a procedure performed in a health care facility, as that term is defined in Section 26B-2-201, a private physician office, or a dental office, if:

(i) the licensedprescribed advanceddrug practiceis registerednot nurseketamine; - certified registered nurse anesthetist will participate in the procedure;

(ii) the licensed advanced practice registered nurse - certified registered nurse anesthetist haswill establishedparticipate ain patient record for the patientprocedure; receiving the prescription;

and (iii) the prescribedlicensed {controlledadvanced substancepractice }registered drugnurse is- relatedcertified toregistered nurse anesthetist has established a patient record for the procedure;patient receiving the prescription;

orand (b)(iv) {prescribethe }prescribed updrug to a five-day supply of prescription drugs including, Schedule II-V controlled substances immediately following a procedure performed in a health care facility, as that term is definedrelated into Sectionthe 26B-2-201,procedure; a private physician office, or a dental office, if:

(i)or the(b) licensedup advancedto practicea registeredfive-day nursesupply -of certifiedprescription registereddrugs nurseincluding, anesthetistSchedule participatedII-V controlled substances immediately following a procedure performed in thea procedure;health care facility, as that term is defined in Section 26B-2-201, a private physician office, or a dental office, if:

(ii)(i) the licensedprescribed advanceddrug practiceis registerednot nurseketamine; - certified registered nurse anesthetist has established a patient record for the patient receiving the prescription;

and(ii) (iii) the prescribedlicensed {controlledadvanced substancepractice }registered drugnurse is- relatedcertified toregistered nurse anesthetist participated in the procedure.procedure;

(iii) the licensed advanced practice registered nurse - certified registered nurse anesthetist has established a patient record for the patient receiving the prescription;

and (iv) the prescribed drug is related to the procedure.

58-31d-102.- 40 - Enrolled Copy S.B.

31 58-31d-102 (Effective 05/06/26).

- 51 - SB0031 compared with SB0031S04 (4) Once the compact comes into effect as described in Section 58-31d-101, Article X(1), the division shall provide a notice that the compact is in effect:

58-40a-102.58-40a-102 (Effective 05/06/26).

[In addition to the definitions in Section 58-1-102, as]Asas] As used in this chapter:

[or]and[or] and (d) written orders.

(2) "Athlete" means an individual[, referee, coach, or athletic staff member] who participates [in exercises, sports, or games requiring ]in] in or performs an exercise, a sport, {a game} an occupational activity, or {an occupation } a game that requires physical strength, agility, flexibility, range of motion, speed, or stamina, and the [exercises, sports, or games are ]exercise,] exercise, sport, {game} occupational activity, or {occupation } game is of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization.

(a) an injury [sustained by ]an athlete sustains that affects the [individual's]athlete's[individual's] participationathlete's or- performance41 in- [sports,S.B. games, recreation, or exercise]an exercise, a sport, a game, or an {occupation} occupational activity;

or31 (b)Enrolled aCopy conditionparticipation thator isperformance withinin the[sports, scopegames, ofrecreation, practiceor [{ofexercise] an athleticexercise, trainer identified by a} directing physician or ]for athletic training that a{ directing } licensed physician , a licensedsport, nurse practitioner, a licensedgame, physician's assistant, or a licensed physical therapist identifies as benefitting from an athleticoccupational trainingactivity; [services]service.

(4)or "Athletic(b) trainer"a meanscondition that is within the scope of practice [of an individualathletic whotrainer isidentified by a directing physician or ] for athletic training that a licensed underphysician, thisa chapterlicensed andnurse [carriespractitioner, outa thelicensed practicephysician's of]performsassistant, withinor thea scopelicensed ofphysical practicetherapist foridentifies as benefitting from an athletic training.training [services] service.

-(4) 52"Athletic -trainer" SB0031means comparedan withindividual SB0031S04who (5)is "Board"licensed meansunder this chapter and [carries out the Athleticpractice Trainersof] Licensingperforms Boardwithin createdthe inscope Sectionof 58-40a-201.practice for athletic training.

(6)(5) ["Directing"Board" physician" ]"Collaborating physician" means athe licensedAthletic physicianTrainers whoLicensing worksBoard created in collaborationSection with58-40a-201. an athletic trainer and is:

(a)(6) ["Directing physician" ] "Collaborating physician" means a licensed physician andwho surgeonworks licensedin undercollaboration Sectionwith 58-67-301[,];an athletic trainer and is:

(b)(a) ana osteopathic physician and surgeon licensed under Section 58-68-301[,];58-67-301[,] ;

(c)(b) aan chiropracticosteopathic physician and surgeon licensed under ChapterSection 73,58-68-301[,] Chiropractic; Physician Practice Act[,];

(d)(c) a naturopathicchiropractic physician licensed under Chapter 71,73, NaturopathicChiropractic Physician Practice Act[,];Act[,] ;

or(d) {(e)aa dentistnaturopathic physician licensed under Section 58-69-301[established by board rule].} (e) a who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as [established by board rule]the board requires by rule made in accordance with Title 63G, Chapter 3,71, UtahNaturopathic AdministrativePhysician RulemakingPractice Act.Act[,] ;

"Collaboration"or means(e) a dentist licensed under Section 58-69-301 who, within the consultation,licensee's correspondence,scope {orof }practice directionand byindividual order,competency, oris referralresponsible betweenfor athe licensedathletic training services provided by the athletic trainer and aoversees {licensedthe physician}practice collaboratingof physicianathletic workingtraining withinby the collaboratingathletic physician'strainer, scopeas of[established practiceby andboard individualrule] competency.the board requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

{[(7)(7) and"Collaboration" methodsmeans of:]}the [(7)]consultation, (8)correspondence, [Thedirection "practiceby oforder, athleticor training"referral meansbetween the application by a licensed and certified athletic trainer ][of principles and methodsa of:]"Practicecollaborating ofphysician athleticworking training"within meansthe acollaborating licensedphysician's athleticscope trainerof applyingpractice principles and methodsindividual of:competency.

{[(a)[(7)] prevention(8) [The "practice of athletic injuries;]}training" {[(b)means recognition,the evaluation,application andby assessmenta oflicensed athletic injuries and conditions;]}certified {[(c) immediate care of athletic injuries,trainer including] common[of emergencyprinciples medicaland situations;]}methods {[(d)of:] rehabilitation"Practice and reconditioning of athletic injuries;]}training" {[(e)means a licensed athletic trainingtrainer servicesapplying administrationprinciples and organization;methods of:

and]}(a) {[(f)prevention education of athletes.]}athletic Sectioninjuries; 21.

(b) recognition, evaluation, and assessment of athletic injuries and conditions;

(c) immediate care of athletic injuries, including common emergency medical situations;

(d) rehabilitation and reconditioning of athletic injuries;

(e) athletic training services administration and organization;

and (f) education of athletes.

- 42 - Enrolled Copy S.B.

31 Section 21.

58-40a-201.58-40a-201 (Effective 05/06/26).

and - 53 - SB0031 compared with SB0031S04 (c) one member of the general public who has never been authorized to practice a healing art and never had a substantial personal, business, professional, or pecuniary connection with a healing art or with a medical education or health care facility, except as a client or potential client.

58-40a-302.58-40a-302 (Effective 05/06/26).

(3)(3)(a) (a) is in good standing with and provides documentation of current certification by the Board of Certification Inc.

or a nationally recognized credentialing agency [approved[ approved by the board] that the board approves;

(i)- adult43 and- pediatricS.B. cardiopulmonary resuscitation;

31 Enrolled Copy (i) adult and pediatric cardiopulmonary resuscitation;

and - 54 - SB0031 compared with SB0031S04 (5) pays the required licensing fee as determined by the department under Section 63J-1-504.

58-40a-303.58-40a-303 (Effective 05/06/26).

[(5)]- (e)44 rehabilitate- andEnrolled reconditionCopy anS.B. injury by administering therapeutic exercise and therapeutic and physical modalities, including cryotherapy, thermotherapy, and intermittent compression, electrical stimulation, ultra sound, traction devices, or mechanical devices[ as directed by established, written athletic training service plans or protocols or upon the order of a directing physician];

31 [(5)] (e) rehabilitate and recondition an injury by administering therapeutic exercise and therapeutic and physical modalities, including cryotherapy, thermotherapy, and intermittent compression, electrical stimulation, ultra sound, traction devices, or mechanical devices[ as directed by established, written athletic training service plans or protocols or upon the order of a directing physician];

- 55 - SB0031 compared with SB0031S04 [(b)] (ii) writing organizational policies and procedures;

(2) A licensed athletic trainer shall collaborate with a licensed physician when {the } treating an athletic injurythat:injury that:

{or} and (c) is unresponsive to treatment.

58-42a-102.58-42a-102 (Effective 05/06/26).

(2)(2)(a) (a) "Individual treatment plan" means a written record [composed for each client by the individual licensed under this chapter to engage] an individual engaging in the practice of occupational therapy composes for each client.

(ii)- establishing45 a- programS.B. of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning;

31 Enrolled Copy (ii) establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning;

and - 56 - SB0031 compared with SB0031S04 (iv) planning and directing specific programs to evaluate and enhance a client's perceptual, motor, and cognitive skills.

(4) "Occupational therapy aide" means an individual who is not licensed under this chapter [but[ but who] but provides supportive services under the supervision of an occupational therapist or occupational therapy assistant.

(6)(6)(a) (a) "Practice of occupational therapy" means the therapeutic use of everyday life activities with [an individual] a client who:

(v) performance-barrier prevention for [an individual] a client, including [disability prevention]- preventing46 a- disability;Enrolled Copy S.B.

31 prevention] preventing a disability;

- 57 - SB0031 compared with SB0031S04 (A) body functions and structures;

[(I)] (J) assessing, recommending, and training [an individual] a client in [techniques][ techniques] a technique to enhance functional mobility, including wheelchair management;

[(L)]- (M)47 applying- aS.B. physical agent [modalities] modality, managing wound care, dry needling, [and] or using a manual therapy [techniques] technique to enhance [an individual's] a client's performance skills, if the occupational therapist has received the necessary training as [determined by] the division determines by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

or31 -Enrolled 58Copy -[(L)] SB0031(M) comparedapplying witha SB0031S04physical [(M)]agent (N)[modalities] applyingmodality, managing wound care, dry needlingneedling, [and] or using a manual therapy [techniques] technique to enhance [an[ an individual's] a client's occupational performance skills, if the occupational therapytherapist practitioner has received the necessary training [asas determined[determined by] as the division determines by rule themade division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.Act;

or [(M)] (N) applying dry needling to enhance [an individual's] a client's occupational performance if the occupational therapy practitioner has received the necessary training [as determined by] as the division determines by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

58-42a-306.58-42a-306 (Effective 05/06/26).

(5) [supervise no more than two full-time occupational therapy assistants at one time, or four part-time occupational therapy assistants if the combined work hours of the assistants do not exceed 40 hours per week, unless otherwise approved by the division in collaboration with the board] supervise occupational therapy assistants in accordance with- rules48 the- divisionEnrolled makesCopy inS.B. collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

31 with rules the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

58-42a-307.58-42a-307 (Effective 05/06/26).

- 59 - SB0031 compared with SB0031S04 (a) has a valid license to practice occupational therapy under this chapter;

58-44a-302.58-44a-302 (Effective 05/06/26).

(c) at the time of application for licensure hold a license in good standing as a registered nurse in Utah, or be at that time qualified for a license as a registered nurse under Title- 58,49 Chapter- 31b,S.B. Nurse Practice Act;

31 Enrolled Copy Title 58, Chapter 31b, Nurse Practice Act;

or (ii) a nurse midwifery education program located outside of the United States which is approved by the division and is equivalent to a program accredited by the Accreditation Commission for Midwifery Education, as demonstrated by a graduate's being accepted to sit for the national - 60 - SB0031 compared with SB0031S04 certifying examination administered by the Accreditation Commission for Midwifery Education or its designee;

and (f)(f)(i) (i) consent to, and complete, a criminal background check, described in Section 58-1-301.5;

{Section 29.

Section 58-46a-102 is amended to read:

} 58-46a-102.

Definitions.

[In addition to the definitions in Section 58-1-102, as] As used in this chapter:

(1) (a) "Certified individual" means an individual who is:

(i) certified under this chapter;

or (ii) licensed under this chapter before May 6, 2026, if the license is not expired, suspended, or revoked.

(b) "Certified individual" means the same as a licensed individual for purposes of credentialing, paneling, insurance, reimbursement, portability, and compacts.

[(1)] (2) "Direct supervision" means [that] supervision where the supervising audiologist or supervising hearing instrument specialist is present in the same facility as is the [person] individual being supervised and is available for immediate in person consultation.

[(2) "Hearing instrument" or "hearing aid" means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories.] (3) - 61 - SB0031 compared with SB0031S04 (a) "Hearing instrument" means a wearable device offered to compensate for human hearing loss, including the device's parts, attachments, or accessories.

(b) "Hearing instrument" does not include a device that is surgically implanted in the cochlea or under the skin near the ear.

[(3)] (4) "Hearing instrument intern" means [a person licensed] an individual certified under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist or supervising audiologist.

(5) "Hearing instrument specialist" means an individual who:

(a) establishes a place of business to practice as a hearing instrument specialist;

(b) tests the hearing of a human patient over 17 years old for the sole purpose of determining whether the use of a hearing instrument will improve hearing loss sufficiently to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;

(c) provides the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;

(d) prescribes an appropriate hearing instrument;

(e) makes impressions or ear molds for the fitting of a hearing instrument;

(f) sells and professionally places the hearing instrument on a patient;

(g) evaluates the hearing loss overcome by the installation of the hearing instrument and evaluates the hearing recovery against the representations the hearing instrument specialist made to the patient;

(h) intervening to produce satisfactory hearing recovery results from a hearing instrument;

or (i) instructing the patient on the use and care of the hearing instrument.

[(4)] (6) "Indirect supervision" means [that] supervision where the supervising hearing instrument specialist or supervising audiologist is not required to be present in the same facility as [is the person] the individual being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the [person being ]supervised individual.

[(5) "Practice of a hearing instrument specialist" means:] [(a) establishing a place of business to practice as a hearing instrument specialist;] [(b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify - 62 - SB0031 compared with SB0031S04 prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;] [(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;] [(d) prescribing an appropriate hearing instrument;] [(e) making impressions or earmolds for the fitting of a hearing instrument;] [(f) sale and professional placement of the hearing instrument on a patient;] [(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;] [(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument;

or] [(i) instructing the patient on the use and care of the hearing instrument.] (7) "Supervising audiologist" means an audiologist who:

(a) holds a license and maintains good standing with the division;

(b) practices full-time as an audiologist and has done so for at least two years;

and (c) submits a request to the division on a form the division approves and receives approval from the division to supervise a hearing instrument intern.

[(6)] (8) "Supervising hearing instrument specialist" means a hearing instrument specialist who:

[(a) is licensed by and in good standing with the division;] [(b) has practiced full-time as a hearing instrument specialist for not less than two years;

and] [(c) is approved as a supervisor by the division.] (a) holds certification and maintains good standing with the division;

(b) practices full-time as a hearing instrument specialist and has done so for at least two years;

and (c) submits a request to the division on a form the division approves and receives approval from the division to supervise a hearing instrument intern.

[(7)] (9) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.

[(8)] (10) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-46a-501.

{Section 30.

Section 58-46a-301 is amended to read:

} 58-46a-301.

Certification required -- Certification classifications.

- 63 - SB0031 compared with SB0031S04 (1) A [license] certificate is required to engage in the practice of hearing instrument specialist or hearing instrument intern, except as specifically provided in Section 58-1-307 or 58-46a-305.

(2) The division shall issue to an individual qualified under the provisions of this chapter a [license] certificate in the classification of:

(a) hearing instrument specialist;

or (b) hearing instrument intern.

{Section 31.

Section 58-46a-302 is amended to read:

} 58-46a-302.

Qualifications for certification.

(1) Each applicant for [licensure] certification as a hearing instrument specialist shall:

(a) [submit to the division an application in a form prescribed by the division] submit an application to the division on a form the division approves;

(b) [pay a fee as determined by the division pursuant to Section 63J-1-504] pay a fee to the division as determined under Section 63J-1-504;

(c) pass an appropriate entry-level examination the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(d) complete at least six months of training with a supervising hearing instrument specialist or supervising audiologist;

[(c) have qualified for and currently hold board certification by the National Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the division;] [(d)] (e) [have passed] pass the [Utah Law and Rules Examination for Hearing Instrument Specialists] Utah Hearing Instrument Specialists Law and Rule Examination;

and [(e)] (f) if the applicant holds a hearing instrument intern [license] certification, surrender the hearing instrument intern [license] certification at the time of [licensure] certification as a hearing instrument specialist.

(2) Each applicant for [licensure] certification as a hearing instrument intern shall:

(a) [submit to the division an application in a form prescribed by the division] submit an application to the division on a form the division approves;

(b) [pay a fee as determined by the division pursuant to Section 63J-1-504;] pay a fee to the division as determined under Section 63J-1-504;

(c) [have passed ] pass the Utah Law and Rules Examination for Hearing Instrument Specialists;

and - 64 - SB0031 compared with SB0031S04 (d) present evidence acceptable to the division that the applicant, when [licensed] certified, will practice as a hearing instrument intern[ only] under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with[:] Section 58-46a-302.5.

[(i) Section 58-46a-302.5;

and] [(ii) the supervision requirements for obtaining board certification by the National Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the division.] {Section 32.

Section 58-46a-302.5 is amended to read:

} 58-46a-302.5.

Supervision requirements -- Hearing instrument interns.

(1) Except as provided in Subsection (2), a hearing instrument intern may[ only] practice as a hearing instrument intern only under the direct supervision of a [licensed] supervising hearing instrument specialist or supervising audiologist.

(2) A hearing instrument intern may practice under the indirect supervision of a [licensed] supervising hearing instrument specialist if the hearing instrument [specialist] intern:

(a) receives a passing score on a practical examination demonstrating acceptable skills in the area of hearing testing [as approved by the division] the division requires by rule [made] the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

and (b) completes [the National Institute for Hearing instrument studies] an education and examination program[,] or an equivalent college level program [as approved by] that the division approves by rule [made] the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

{Section 33.

Section 58-46a-303 is amended to read:

} 58-46a-303.

Term of certification -- Expiration -- Renewal of specialist and intern licenses.

(1) (a) (i) [The division shall issue a license for a hearing instrument specialist in accordance with a two- year renewal cycle established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act] Each certification issued under this chapter shall be issued in accordance with a five-year renewal cycle established by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(ii) The division may extend or shorten the renewal period by as much as one year to maintain established renewal cycles or to change an established renewal cycle.

- 65 - SB0031 compared with SB0031S04 [(ii) The division may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, extend or shorten a renewal period by as much as one year to stagger the renewal cycles the division administers.] [(b) At the time of renewal, the licensed hearing instrument specialist shall demonstrate satisfactory evidence of each of the following:] [(i) current certification by the National Board for Certification Hearing Instrument Sciences, or other acceptable certification approved by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;] [(ii) calibration of all appropriate technical instruments used in practice;

and] [(iii) completion of continuing professional education required in Section 58-46a-304.] [(c)] (b) As a condition for renewal or reinstatement of certification, the applicant shall attest that the applicant will: