Utah Code 32B-10-704. Health care practitioner exemption

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(1)

This section applies to an individual who:

Terms Used In Utah Code 32B-10-704

Health care practitioner: means :

(a)	a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;

(b)	an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;

(c)	a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;

(d)	a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;

(e)	a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;

(f)	a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;

(g)	an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;

(h)	a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;

(i)	a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;

(j)	a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;

(k)	an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(l)	a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and

(m)

a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102

License: means :

(a)	a retail license;

(b)	a sublicense;

(c)	a license issued in accordance with 4;

(d)	a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;

(e)	a license issued in accordance with Chapter 12, Liquor Warehousing License Act;

(f)	a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or

(g)

a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102

Person: means :Utah Code 68-3-12.5

(a)

(i)	is a health care practitioner; or

(ii)	is a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act;

(b)	is acting within the scope of individual’s professional responsibility; and

(c)	in a professional capacity, prescribes, prepares, or administers an alcoholic product to a person being treated or within the scope of the health care practitioner’s license authority.

(2)

A person described in Subsection (1):

(a)	is not in violation of this title; and

(b)	is not required to hold any type of license or permit to use an alcoholic product professionally.

Enacted by Chapter 276, 2010 General Session

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