(1) This section applies to an individual who:

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Terms Used In Utah Code 32B-10-704

  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Health care practitioner: means :
         (50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
         (50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
         (50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
         (50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;
         (50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
         (50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;
         (50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;
         (50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
         (50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
         (50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
         (50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
         (50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and
         (50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
  • License: means :
         (62)(a) a retail license;
         (62)(b) a sublicense;
         (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
         (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
         (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
         (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
         (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
     (1)(a)

          (1)(a)(i) is a health care practitioner; or
          (1)(a)(ii) is a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act;
     (1)(b) is acting within the scope of individual’s professional responsibility; and
     (1)(c) in a professional capacity, prescribes, prepares, or administers an alcoholic product to a person being treated or within the scope of the health care practitioner’s license authority.
(2) A person described in Subsection (1):

     (2)(a) is not in violation of this title; and
     (2)(b) is not required to hold any type of license or permit to use an alcoholic product professionally.