26B-4-807. Provision of volunteer health or veterinary services — Administrative sanctions — Authority of Division of Professional Licensing.
(1)
Subject to Subsections (2) and (3), a volunteer health practitioner shall comply with the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other Utah laws.
Terms Used In Utah Code 26B-4-807
Emergency: means :
(a)
a state of emergency declared by:
(i)
the president of the United States;
(ii)
the governor in accordance with 2; and
(iii)
the chief executive officer of a political subdivision in accordance with 2, for a local emergency; or
(b)
a public health emergency declared by:
(i)
the executive director through a public health order in accordance with this title; or
(ii)
a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801
Scope of practice: means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Utah Code 26B-4-801
State: means :
(a)
a state of the United States;
(b)
the District of Columbia;
(c)
Puerto Rico;
(d)
the United States Virgin Islands; or
(e)
any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-4-801
Volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Utah Code 26B-4-801
(2)
Except as otherwise provided in Subsection (3), this part does not authorize a volunteer health practitioner to provide services that are outside the volunteer health practitioner’s scope of practice, even if a similarly licensed practitioner in Utah would be permitted to provide the services.
(3)
(a)
In accordance with this section and Section 58-1-405, the Division of Professional Licensing may issue an order modifying or restricting the health or veterinary services that volunteer health practitioners may provide pursuant to this part.
A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide under this part.
(5)
(a)
A volunteer health practitioner does not engage in unauthorized practice unless the volunteer health practitioner has reason to know of any limitation, modification, or restriction under this part, Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, or that a similarly licensed practitioner in Utah would not be permitted to provide the services.
(b)
A volunteer health practitioner has reason to know of a limitation, modification, or restriction, or that a similarly licensed practitioner in Utah would not be permitted to provide a service, if:
(i)
the volunteer health practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in Utah would not be permitted to provide the service; or
(ii)
from all the facts and circumstances known to the volunteer health practitioner at the relevant time, a reasonable person would conclude that:
(A)
the limitation, modification, or restriction exists; or
(B)
a similarly licensed practitioner in Utah would not be permitted to provide the service.
(6)
In addition to the authority granted by law of Utah other than this part to regulate the conduct of volunteer health practitioners, the Division of Professional Licensing Act or other disciplinary authority in Utah:
(a)
may impose administrative sanctions upon a volunteer health practitioner licensed in Utah for conduct outside of Utah in response to an out-of-state emergency;
(b)
may impose administrative sanctions upon a volunteer health practitioner not licensed in Utah for conduct in Utah in response to an in-state emergency; and
(c)
shall report any administrative sanctions imposed upon a volunteer health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the volunteer health practitioner is known to be licensed.
(7)
In determining whether or not to impose administrative sanctions under Subsection (6), the Division of Professional Licensing Act or other disciplinary authority shall consider the circumstances in which the conduct took place, including:
(a)
any exigent circumstances; and
(b)
the volunteer health practitioner’s scope of practice, education, training, experience, and specialized skill.
Renumbered and Amended by Chapter 307, 2023 General Session
