Scope Of Practice Review

Utah Code tit. 13, ch. 13-1b, pt. 13-1b-P4

in effect

Utah Code § 13-1b-401 Definitions.

13-1b-401. Definitions. As used in this part: (1) "Healthcare practitioner" means an individual licensed in a regulated healthcare occupation. (2) (a) "Innovation" means an upgrade in technology that the office determines has the potential to augment the ability of a healthcare practitioner to provide a patient: (i) better access to healthcare; (ii) better health outcomes; or (iii) lower healthcare costs. (b) "Innovation" does not include an upgrade in technology that solely functions to provide advice or treatment to a patient without an interaction between a healthcare practitioner and patient. (3) "Regulated healthcare occupation" means a regulated occupation where licensees of the regulated occupation are primarily engaged in healthcare. (4) "Requestor" means: (a) a legislator; or (b) a representative of: (i) an entity that employs healthcare practitioners; (ii) an institution of higher education that provides training to prospective and current healthcare practitioners; or (iii) a professional group of healthcare practitioners. (5) "Scope of practice review" means a review that the office conducts to determine whether to recommend that a regulated healthcare occupation should incorporate an innovation into the regulated healthcare occupation's practice in a way that would expand the scope of the regulated healthcare occupation's license. (6) "Upgrade in technology" means an addition or change to: (a) a medical apparatus; (b) a medical appliance; (c) artificial intelligence; (d) a medical device; (e) medical equipment; (f) a medical implant; (g) a medical implement; (h) a medical tool; or (i) any other technology the office determines has the potential for a healthcare practitioner to use in the healthcare practitioner's practice. Enacted by Chapter 353, 2026 General Session

Utah Code § 13-1b-402 Scope of practice review -- Process.

13-1b-402. Scope of practice review -- Process. (1) A requestor may request a scope of practice review by submitting a request for scope of practice review in a form the office approves. (2) (a) Upon receipt of a request for scope of practice review, the office shall: (i) make a determination as to whether the office will conduct a scope of practice review; and (ii) notify the chairs of the Business and Labor Interim Committee of the request for scope of practice review. (b) After making a determination described in Subsection (2)(a)(i), the office shall: (i) if the office declines to conduct a scope of practice review, provide the requestor with a reason for the denial; or (ii) if the office intends to conduct a scope of practice review: (A) inform the requestor that the office will conduct a scope of practice review; and (B) conduct a scope of practice review in accordance with Subsection (3). (3) (a) When conducting a scope of practice review, the office shall convene a group of individuals to advise on the impact of the expansion of the scope of review. (b) When selecting the individuals for the group described in Subsection (3)(a), the office: (i) in consultation with the applicable board appointed in accordance with Section 58-1-201, shall select at least: (A) one individual that the applicable board approves from the regulated occupation that the proposed expansion of scope will affect; and (B) one other individual from the regulated occupation that the proposed expansion of scope will affect; and (ii) may select one or more of the following individuals: (A) a representative of an entity that employs healthcare practitioners; (B) a representative of an institution of higher education that provides training to prospective and current healthcare practitioners; and (C) an individual with technical expertise relevant to the scope of practice review. (c) In consultation with the group described in Subsection (3)(a), the office shall: (i) consider the criteria described in Section 13-1b-403; and (ii) determine whether to provide a recommendation that a regulated healthcare occupation incorporate an innovation into the regulated healthcare occupation's practice. (4) If the office determines that a regulated healthcare occupation should incorporate an innovation into the regulated healthcare occupation's practice, the office shall create a preliminary report to present to the Business and Labor Interim Committee that: (a) recommends how the regulated healthcare occupation may incorporate the innovation into the regulated healthcare occupation's scope of practice; and (b) describes how incorporating the innovation expands the regulated healthcare occupation's scope of practice. (5) The office shall provide the preliminary report described in Subsection (4) to the Business and Labor Interim Committee in accordance with Section 13-1b-304. (6) Upon receiving the preliminary report under Subsection (5), the Business and Labor Interim Committee may: (a) recommend draft legislation to address the preliminary report described in Subsection (4); (b) recommend that the Division of Occupational and Professional Licensing make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (c) take any other action that the Business and Labor Interim Committee deems appropriate. (7) After presenting the preliminary report, the office shall create and publish a final report based on the preliminary report and any recommendations provided by the Business and Labor Interim Committee. Enacted by Chapter 353, 2026 General Session

Utah Code § 13-1b-403 Scope of practice review -- Criteria.

13-1b-403. Scope of practice review -- Criteria. When conducting a scope of practice review in accordance with Subsection 13-1b-203(7) and Section 13-1b-402, the office shall consider the following criteria: (1) the strength of evidence, data, or information indicating the innovation will provide: (a) safer or more effective healthcare; (b) more accessible healthcare; or (c) more affordable healthcare; (2) the potential of the innovation to improve the following: (a) the safety or efficacy of healthcare; (b) healthcare accessibility; or (c) healthcare affordability; (3) the probability, severity, and permanence of any risk an innovation poses to a patient; (4) the level of interest from employers, healthcare practitioners, and educators to test or adopt the innovation; (5) the availability of adequate training or education for healthcare practitioners to learn about the innovation; (6) the degree to which other jurisdictions adopt or use the innovation; and (7) any other criteria that the office adopts by rule that the office makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Enacted by Chapter 353, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter1B/13-1b-P4.html?v=C13-1b-P4_2026050620260506Fetched: 10/26/2026