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S.B. 113
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EXEMPTION FROM LICENSURE FOR
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ATHLETIC TRAINERS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John L. Valentine
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AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; PERMITTING CERTIFIED
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ATHLETIC TRAINERS TO PROVIDE SERVICES IN LIMITED CIRCUMSTANCES
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WITHOUT BEING LICENSED.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-1-307, as last amended by Chapter 138, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-1-307
is amended to read:
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58-1-307. Exemptions from licensure.
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(1) Except as otherwise provided by statute or rule, the following persons may engage in
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the practice of their occupation or profession, subject to the stated circumstances and limitations,
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without being licensed under this title:
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(a) a person serving in the armed forces of the United States, the United States Public
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Health Service, the United States Department of Veterans Affairs, or other federal agencies while
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engaged in activities regulated under this chapter as a part of employment with that federal agency
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if the person holds a valid license to practice a regulated occupation or profession issued by any
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other state or jurisdiction recognized by the division;
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(b) a student engaged in activities constituting the practice of a regulated occupation or
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profession while in training in a recognized school approved by the division to the extent the
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activities are supervised by qualified faculty, staff, or designee and the activities are a defined part
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of the training program;
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(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
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fellowship, apprenticeship, or on-the-job training program approved by the division while under
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the supervision of qualified persons;
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(d) an individual residing in another state and licensed to practice a regulated occupation
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or profession in that state, who is called in for a consultation by an individual licensed in this state,
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and the services provided are limited to that consultation;
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(e) an individual who is invited by a recognized school, association, society, or other body
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approved by the division to conduct a lecture, clinic, or demonstration of the practice of a regulated
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occupation or profession if the individual does not establish a place of business or regularly engage
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in the practice of the regulated occupation or profession in this state;
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(f) an individual licensed under the laws of this state, other than under this title, to practice
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or engage in an occupation or profession, while engaged in the lawful, professional, and competent
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practice of that occupation or profession;
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(g) an individual licensed in a health care profession in another state who performs that
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profession while attending to the immediate needs of a patient for a reasonable period during
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which the patient is being transported from outside of this state, into this state, or through this
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state;
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(h) an individual licensed in another state or country who is in this state temporarily to
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attend to the needs of an athletic team or group, except that the practitioner may only attend to the
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needs of the athletic team or group, including all individuals who travel with the team or group in
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any capacity except as a spectator; [and]
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(i) an individual licensed and in good standing in another state, who is in this state:
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(i) temporarily, under the invitation and control of a sponsoring entity;
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(ii) for a reason associated with a special purpose event, based upon needs that may exceed
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the ability of this state to address through its licensees, as determined by the division; and
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(iii) for a limited period of time not to exceed the duration of that event, together with any
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necessary preparatory and conclusionary periods. The requirements of Section
63A-10-105
do not
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apply to exemptions authorized by the division pursuant to this Subsection (1)(i)[.]; and
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(j) an individual who:
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(i) is certified as an athletic trainer by the National Trainers Association Board of
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Certification or another entity approved by the division;
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(ii) is employed or officially associated with an educational institution, a professional
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sports organization, or a bona fide amateur sports organization; and
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(iii) only provides athletic training services:
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(A) to athletes of the educational institution or sports organization to which the individual
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is employed or officially associated;
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(B) at an official athletic training, practice, or competition site; and
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(C) that are within the scope of the individual's certification.
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(2) A practitioner temporarily in this state who is exempted from licensure under
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Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
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practitioner derives authority to practice. Violation of any limitation imposed by this section
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constitutes grounds for removal of exempt status, denial of license, or other disciplinary
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proceedings.
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(3) An individual who is licensed under a specific chapter of this title to practice or engage
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in an occupation or profession may engage in the lawful, professional, and competent practice of
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that occupation or profession without additional licensure under other chapters of this title, except
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as otherwise provided by this title.
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(4) Upon the declaration of a national, state, or local emergency, the division in
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collaboration with the board may suspend the requirements for permanent or temporary licensure
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of persons who are licensed in another state. Persons exempt under this subsection shall be exempt
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from licensure for the duration of the emergency while engaged in the scope of practice for which
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they are licensed in the other state.
Legislative Review Note
as of 1-13-00 12:44 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.