Section 58-67-305 - Exemptions from licensureIn 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;(2) an individual administering a domestic or family remedy;(3)(a)(i) a person engaged in the 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) allow 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;(5) an individual authorized by the Department of Health and Human Services under Section 26B-1-202, to draw blood pursuant to Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi);(6) a medical assistant: (a) 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 for 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 medicine when: (a) the individual is licensed in good standing as a 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 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.Amended by Chapter 381, 2024 General Session ,§ 23, eff. 5/1/2024.Amended by Chapter 233, 2022 General Session ,§ 2, eff. 5/4/2022.Amended by Chapter 35, 2018 General Session ,§ 5, eff. 5/8/2018.Amended by Chapter 262, 2013 General Session ,§ 34, eff. 5/14/2013.Amended by Chapter 267, 2012 General Session ,§ 4, eff. 5/8/2012.Amended by Chapter 214, 2011, 2011 General Session