58-1-501.8.  Occupational and professional identification of health care providers — Unlawful and unprofessional conduct — Penalties.

(1)  For purposes of this section:

Terms Used In Utah Code 58-1-501.8

(a)  “Badge” means a tag or badge in plain view:

(i)  attached to a health care provider’s clothing; or

(ii)  hanging from a lanyard around a health care provider’s neck.

(b)  “Clothing” means a health care provider’s outermost article of clothing that is visible to others.

(c)  “Deceptive or misleading conduct” means any affirmative communication or representation that falsely states, describes, holds out, or details an individual’s licensure, training, education, or profession.

(d)  “Health care provider” means a natural person who is:

(i)  defined as a health care provider in Section 78B-3-403; and

(ii)  licensed under this title.

(e)  “Identification” means a badge or stitching, or permanent writing in plain view on clothing that:

(i)  includes the health care provider’s name;

(ii)  includes the license type held by the health care provider;

(iii)  is worn in a manner that is visible and apparent to others; and

(iv)  contains the information required by Subsections (1)(e)(i) and (ii):

(A)  in a manner and of sufficient size that can be easily read; and

(B)  on both sides of the badge, unless the badge or tag is attached to clothing in a way that prevents the badge from rotating.

(f)  “License type” means a designation of the license type that satisfies the requirements of Section 58-1-501.6.

(g)  “Patient encounter” means an interaction in a health care facility, health care clinic, or office in which a patient can see a health care provider delivering services directly to a patient.

(2)  Beginning January 1, 2015, except as provided in Subsections (3) and (4), a health care provider shall wear identification during any patient encounter.

(3)  A health care provider’s identification may be covered if required under sterilization or isolation protocols.

(4)  A health care provider is not required to wear identification:

(a)  if wearing identification would jeopardize the health care provider’s safety; or

(b) 

(i)  in an office in which:

(A)  the license type and names of all health care providers working in the office are displayed on the office door; or

(B)  each health care provider working in the office has the health care provider’s license posted prominently in the office and readily visible to a patient; and

(ii)  if the office is an office:

(A)  of a solo health care provider; or

(B)  of a single type of health care provider.

(5)  An individual who is a student or is in training to obtain a license as a health care provider shall:

(a)  wear identification during patient encounters that identifies the person as in training, or a student, for the particular license type; and

(b)  otherwise comply with the provisions of this section.

(6)  It is unprofessional conduct if a health care provider violates this section.

(7)  It is unlawful conduct if an individual:

(a)  wears identification in a patient encounter that suggests that the individual is practicing or engaging in an occupation or profession that the individual may not lawfully practice or engage in under this title; or

(b)  engages in deceptive or misleading conduct.

(8)  An individual who violates this section is subject to Section 58-1-502.

Enacted by Chapter 99, 2014 General Session

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