58-68-305. 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;
Terms Used In Utah Code 58-68-305
Board: means the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201. See Utah Code 58-68-102
Diagnose: means :
(a)
to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;
(b)
to attempt to conduct an examination or determination described under Subsection (13)(a);
(c)
to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (13)(a); or
(d)
to make an examination or determination as described in Subsection (13)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. See Utah Code 58-68-102
Medical assistant: means an unlicensed individual who may perform tasks as described in Subsection 58-68-305(6). See Utah Code 58-68-102
Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-68-102
Practice of osteopathic medicine: means :
(i)
to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, or to attempt to do so, by any means or instrumentality, which in whole or in part is based upon emphasis of the importance of the musculoskeletal system and manipulative therapy in the maintenance and restoration of health, by an individual in Utah or outside of the state upon or for any human within the state;
(ii)
when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered;
(iii)
to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
(iv)
to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "doctor" "doctor of osteopathic medicine" "osteopathic physician" "osteopathic surgeon" "osteopathic physician and surgeon" "Dr. See Utah Code 58-68-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-68-502 and as may be further defined by division rule. See Utah Code 58-68-102
(2)
an individual administering a domestic or family remedy;
(3)
(a)
(i)
a person engaged in the lawful 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)
permit 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;
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 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 osteopathic medicine when:
(a)
the individual is licensed in good standing as an osteopathic 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 in collaboration with the board 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.
