58-68-305 - Exemptions from licensure.
58-68-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307, the followingindividuals may engage in the described acts or practices without being licensed under thischapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration ofvalue 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 lawful sale of vitamins, health foods, dietarysupplements, herbs, or other products of nature, the sale of which is not otherwise prohibited bystate or federal law; and
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or basedon a personal belief, when obtaining or providing any information regarding health care and theuse 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 theproducts under Subsection (3)(a)(i);
(4) a person engaged in good faith in the practice of the religious tenets of any church orreligious belief without the use of prescription drugs;
(5) an individual authorized by the Department of Health under Section 26-1-30, towithdraw blood to determine the alcohol or drug content pursuant to Section 41-6a-523;
(6) a medical assistant while working under the direct and immediate supervision of alicensed osteopathic physician, to the extent the medical assistant is engaged in tasksappropriately delegated by the supervisor in accordance with the standards and ethics of thepractice of medicine;
(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 statewith 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 contemplatedfor the services rendered beyond an amount necessary to cover the proportionate cost ofmalpractice insurance; and
(d) the individual does not otherwise engage in unlawful or unprofessional conduct; and
(8) an individual providing expert testimony in a legal proceeding.
Amended by Chapter 2, 2005 General Session