Utah State Laws & Regulations

Physician Assistants: State Laws and Regulations 15th Edition, Revised, July 2015 Utah The information contained in this summary is paraphrased and accurate as of July 1, 2015. This document is intended for background purposes only.

For a complete and current version of the statutes and regulations, AAPA encourages you to visit the state’s legislative and regulatory website.  https://www.aapa.org/threecolumnlanding.aspx?id=304

Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015

UTAH STATUTE STATUTE Utah Code Annotated, Title 58, Chapter 70a DATE Enacted 1971 REGULATORY BODY Utah PA Licensing Board, Division of Professional Licensing PA DEFINED The division shall issue to a person who qualifies under this chapter a license in the classification of physician assistant. UTAH CODE ANN. §58-70a-301

SCOPE OF PRACTICE “Practice as a physician assistant” means: (a)the professional activities and conduct of a PA in diagnosing, treating, advising or prescribing for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, dependent upon and under the supervision of a supervising physician or substitute supervising physician in accordance with a delegation of services agreement; and (b) the PA acts as the agent of the supervising physician or substitute supervising physician when acting in accordance with a delegation of services agreement. UTAH CODE ANN. §58-70a-102 PA may provide any medical services that are not specifically under this chapter or rules adopted under this chapter, and that are: (a) within the PA’s skills and scope of competence; (b) within the usual scope of practice of the physician assistant’s supervising physician; and (c) provided under the supervision of a supervising physician and in accordance with a delegation of services agreement. UTAH CODE ANN. §58-70a-501

PRESCRIBING/DISPENSING A physician assistant, in accordance with a delegation of services agreement, may prescribe or administer an appropriate controlled substance if: (a )the PA holds a Utah controlled substance license and a DEA registration; (b) the prescription or administration of the controlled substance is within the prescriptive practice of the supervising physician and also within the delegated prescribing stated in the delegation of services agreement; and (c) the supervising physician cosigns any medical chart record of prescription of a Schedule II or III controlled substance made by the PA. UTAH CODE ANN. §58-70a-501 Delegation of services agreement […] shall include the prescribing of controlled substances. UTAH CODE ANN. §58-70a-102

SUPERVISION Supervision means the supervising physician is available for consultation with the PA, either personally or by other means permitting direct verbal communication between the physician and physician assistant. UTAH CODE ANN. §58-70a-102 Delegation of services agreement means written criteria jointly developed by a PA’s supervising physician and any substitute supervising physicians and the physician assistant, that permits a physician assistant, working under the direction or review of the supervising physician, to assist in the management of common illnesses and injuries. The agreement defines the working relationship and delegation of duties between the supervising physician and the physician assistant as specified by division rule and shall include: (i)the prescribing of controlled substances; (ii)the degree and means of supervision; (iii)the frequency and mechanism of chart review; (iv) procedures for addressing situations outside the scope of practice of the PA; and (v) procedures for providing backup for the PA in emergency situations. UTAH CODE ANN. §58-70a-102 Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015 Direct supervision means supervising physician is physically present at the point of patient treatment on site where the physician assistant he is supervising is practicing; and immediately available for consultation with the physician assistant. UTAH CODE ANN. §58-70a-102 “Supervising physician” means an individual who: (a) is currently licensed to practice under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act ;(b) acts as the primary supervisor of a physician assistant and takes responsibility for the professional practice and conduct of a physician assistant in accordance with this chapter; and (c) is not an employee of the physician assistant he supervises. UTAH CODE ANN. §58-70a-102(6)(c)

CHART CO-SIGNATURE A physician assistant, in accordance with a delegation of services agreement, may prescribe or administer an appropriate controlled substance if: […] (c)the supervising physician cosigns any medical chart record of a prescription for a Schedule II or III controlled substance made by the PA. UTAH CODE ANN. §58-70a-501

PAs PER PHYSICIAN [See regulation]

APPLICATION Each applicant for licensure as a physician assistant shall submit an application in a form prescribed by the division. If the applicant desires to practice in Utah, (they shall) complete a form provided by the division indicating: (i)the applicant has completed a delegation of services agreement signed by PA, supervising physician and substitute supervising physicians; and (ii) the agreement is on file at the Utah practice sites; or complete a form provided by the division indicating the applicant is not practicing in Utah and, prior to practicing in Utah, the applicant will meet the requirements of Subsection (7)(a). UTAH CODE ANN. §58-70a-302

QUALIFICATIONS Each applicant for licensure as a physician assistant shall: […] (3) be of good moral character; (4) have successfully completed a physician assistant program accredited by the: (a) Accreditation Review Commission on Education for the Physician Assistant; or (b) if prior to January 1, 2001, either the: (i) Committee on Accreditation of Allied Health Education Programs; or (ii) Committee on Allied Health Education and Accreditation; (5) have passed the licensing examinations required by division rule made in collaboration with the board UTAH CODE ANN. §58-70a-302

TEMPORARY/NEW GRADUATE PERMIT Applicant for licensure as a physician assistant who has met all qualifications for licensure except passing an examination component as required in Section 58-70a-302, may apply for and be granted a temporary license to practice. Temporary license shall be issued for a period not to exceed 120 days to allow the applicant to pass the Physician Assistant National Certifying Examination. The temporary license may not be renewed or extended. A physician assistant holding a temporary license may work only under the direct supervision of an approved supervising or substitute supervising physician in accordance with a delegation of services agreement, and all patient charts shall be reviewed and countersigned by the supervising or substitute supervising physician. UTAH CODE ANN. §58-70a-306

BOARD NOTIFICATION No provision Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015

CONTINUING EDUCATION Prior to license renewal, each licensee shall, during each two-year licensure cycle or other cycle defined by division rule, complete qualified continuing professional education requirements as defined by division rule made in collaboration with the board. UTAH CODE ANN. §58-70a-304

TITLE/PRACTICE PROTECTION A license is required to engage in practice as a PA except as specifically provided in Section 58-70a-305 or 58-1- 307. UTAH CODE ANN. §58-70a-301

IDENTIFICATION A physician assistant shall, while practicing as a physician assistant, wear an identification badge showing his license classification as a practicing PA. PAs may not […] (b) identify himself to any person in connection with activities allowed under this chapter other than as a physician assistant; or (c) use the title “doctor” or “physician,” or by any knowing act or omission lead or permit anyone to believe he is a physician. UTAH CODE ANN. §58-70a-501

PHYSICIAN LIABILITY “Supervising physician” means an individual who: […] (b)acts as the primary supervisor of a physician assistant and takes responsibility for the professional practice and conduct of a physician assistant in accordance with this chapter. UTAH CODE ANN. §58-70a-102(6)

FEE/RENEWAL SCHEDULE The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division rule. UTAH CODE ANN. §58-70a-303 PROGRAM APPROVAL No provision (ARC-PA accreditation accepted)

BOARD REPRESENTATION/ADVISORY COMMITTEE PA Licensing Board consists of seven members: (a) three licensed physicians, at least two of whom are individuals who are supervising or who have supervised a physician assistant; (b) three physician assistants, one of whom is involved in the administration of an approved physician assistant education program within the state; and (c) one person from the general public. UTAH CODE ANN. §58-70a-201

BOARD POWERS The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints. UTAH CODE ANN. §58-70a-201

DISCIPLINARY POWERS Division may refuse to issue or renew a license, revoke, suspend, restrict or place license on probation, issue a public or private reprimand, issue a cease and desist order. UTAH CODE ANN. §58-70a-401

VIOLATIONS/PENALTY Unlawful conduct includes engaging in practice as a licensed PA while not under the supervision of a supervising physician or substitute supervising physician. UTAH CODE ANN. §58-70a-502 Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015 Unprofessional conduct includes: (1) violation of a patient confidence to any person who does not have a legal right and a professional need to know the information concerning the patient; (2) knowingly prescribing, selling, giving away, or directly or indirectly administering, or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts prescribed or provided; (3) prescribing prescription drugs for himself or administering prescription drugs to himself, except those that have been legally prescribed for him by a licensed practitioner and that are used in accordance with the prescription order for the condition diagnosed; (4) failure to maintain at the practice site a delegation of services agreement that accurately reflects current practices; (5) failure to make the delegation of services agreement available to the division for review upon request; (6) in a practice that has physician assistant ownership interests, failure to allow the supervising physician the independent final decision making authority on patient treatment decisions, as set forth in the delegation of services agreement or as defined by rule; and (7) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable. UTAH CODE ANN. §58-70a-503 Any person who violates the unlawful conduct provision defined in Subsection 58-1-501(1)(a) is guilty of a third degree felony. Any person who violates any of the unlawful conduct provisions defined in Subsections 58-1- 501(1)(b) through (1)(e) or Section 58-70a-502 is guilty of a class A misdemeanor. UTAH CODE ANN. §58-70a-504

PAYMENT FOR SERVICES PA may not independently charge or bill a patient, or others on behalf of the patient, for services rendered. UTAH CODE ANN. §58-70a-501(4)

GRANDFATHER CLAUSE No provision

STUDENTS In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts included within the definition of practice as a physician assistant, subject to the stated circumstances and limitations, without being licensed under this chapter: (1) a student enrolled in an accredited physician assistant education program while engaged in activities as a physician assistant: (a) that are a part of the education program; (b) that are conducted under the direct supervision of a: (i) physician associated with the program; or (ii) licensed physician assistant, at the request of the supervising physician and on a temporary basis, as defined by rule; (c) for which the program accepts in writing the responsibility for the student. UTAH CODE ANN. §58-70a-305 Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015

UTAH REGULATIONS REGULATIONS Utah Administrative Code, R156-70a, Physician Assistant Practice Act Rule DATE Revised 08/13 REGULATORY BODY Utah PA Licensing Board, Division of Professional Licensing PA DEFINED [See statute] SCOPE OF PRACTICE [See statute] PAs may authenticate with their signature any form that may be authenticated by a physician’s signature. UTAH ADMIN. CODE R156-70a-501

PRESCRIBING/DISPENSING [See statute]

SUPERVISION Supervising physician shall provide supervision to the PA to adequately serve health care needs of practice population and ensure that patient’s health, safety, and welfare will not be adversely compromised. The degree of on-site supervision shall be outlined in Delegation of Services Agreement maintained at the site of practice. There shall be a method of immediate consultation by electronic means whenever the PA is not under direct supervision. UTAH ADMIN. CODE R 156-70a-501

CHART CO-SIGNATURE Supervising physician shall review and co-sign sufficient numbers of patients charts and medical records to ensure that the patient’s health, safety, and welfare will not be adversely compromised. The Delegation of Services Agreement, maintained at the site of practice, shall outline specific parameters for review appropriate to working relationship. UTAH ADMIN. CODE R 156-70a-501

PAs PER PHYSICIAN A supervising physician may not supervise more than 4 FTE PAs without the prior approval of the division in collaboration with the board, and only for extenuating circumstances with a written request with justification. The supervising physician shall ensure that patient health, safety, and welfare is not adversely compromised by supervising more physician assistants than the physician can competently supervise. UTAH ADMIN. CODE R 156-70a-501

APPLICATION [See statute]

QUALIFICATIONS The examination requirement for licensure as a physician assistant is a passing score on the National Commission on Certification of Physician Assistants (NCCPA) examination. UTAH ADMIN. CODE R 156-70a-302 Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015

TEMPORARY/NEW GRADUATE PERMIT [See statute]

BOARD NOTIFICATION No provision

CONTINUING EDUCATION In accordance with Subsection 58-70a-304(1)(a), the requirements for qualified continuing professional education (CPE) are as follows: (1) CPE shall consist of 40 hours in each preceding two year licensure cycle. A licensee may submit documentation to the Division of current national certification by NCCPA; such certification shall be deemed to meet the requirements in this section. (2) A minimum of 34 hours shall be in category 1 offerings as established by the Accreditation Council for Continuing Medical Education (ACCME). (3) Approved providers for ACCME offerings include the following: (a) approved programs sponsored by the American Academy of Physician Assistants (AAPA); or (b) programs approved by other health-related continuing education approval organizations, provided the continuing education is nationally recognized by a healthcare accredited agency and the education is related to the practice as a physician assistant. (4) A maximum of six hours may be recognized for non-ACCME offerings of continuing education provided by the Division of Occupational and Professional Licensing. (5) Continuing education under this section shall: (a) be relevant to the licensee’s professional practice; (b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and (c) have a method of verification of attendance and completion. If requested, the licensee shall provide documentation of completed continuing education. UTAH ADMIN. CODE R 156-70a-304

TITLE/PRACTICE PROTECTION [See statute]

IDENTIFICATION [See statute]

PHYSICIAN LIABILITY [See statute]

FEE/RENEWAL SCHEDULE [See statute and UTAH ADMIN. CODE R 156-1-308]

PROGRAM APPROVAL No provision

BOARD REPRESENTATION/ADVISORY COMMITTEE [See statute]

BOARD POWERS [See statute]

DISCIPLINARY POWERS [See statute]

VIOLATIONS/PENALTY [See statute] Physician Assistants: State Laws and Regulations 15 th Edition, Revised, July 2015

PAYMENT FOR SERVICES [See statute]

GRANDFATHER CLAUSE No provision

STUDENTS Regarding licensed PA supervision of a student on a temporary basis-“Temporary basis”, as used in Subsection 58- 70a-305(1)(b)(ii), shall be limited as defined by the Delegation of Service Agreement and shall include the following: 1) the circumstances and purpose under which any temporary supervision is permitted; 2) the temporary supervision duties to be performed by the PA; 3) the amount of temporary supervision that is allowed; and 4) how the physician will review the activities of students s while under temporary supervision. UTAH ADMIN. CODE R 156-70a-305

Skip to toolbar