(1) An applicant for licensure as a physician and surgeon, except as set forth in Subsection (2), shall:

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Terms Used In Utah Code 58-67-302

  • ACGME: means the Accreditation Council for Graduate Medical Education of the American Medical Association. See Utah Code 58-67-102
  • Board: means the Physicians Licensing Board created in Section 58-67-201. See Utah Code 58-67-102
  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • LCME: means the Liaison Committee on Medical Education of the American Medical Association. See Utah Code 58-67-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-67-102
  • Practice of medicine: means :
              (19)(a)(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state;
              (19)(a)(ii) when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered;
              (19)(a)(iii) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
              (19)(a)(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "doctor" "doctor of medicine" "physician" "surgeon" "physician and surgeon" "Dr. See Utah Code 58-67-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) submit an application in a form prescribed by the division, which may include:

          (1)(a)(i) submissions by the applicant of information maintained by practitioner data banks, as designated by division rule, with respect to the applicant;
          (1)(a)(ii) a record of professional liability claims made against the applicant and settlements paid by or on behalf of the applicant; and
          (1)(a)(iii) authorization to use a record coordination and verification service approved by the division in collaboration with the board;
     (1)(b) pay a fee determined by the department under Section 63J-1-504;
     (1)(c) if the applicant is applying to participate in the Interstate Medical Licensure Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal background check in accordance with Section 58-67-302.1 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
     (1)(d) provide satisfactory documentation of having successfully completed a program of professional education preparing an individual as a physician and surgeon, as evidenced by:

          (1)(d)(i) having received an earned degree of doctor of medicine from an LCME accredited medical school or college; or
          (1)(d)(ii) if the applicant graduated from a medical school or college located outside the United States or its territories, submitting a current certification by the Educational Commission for Foreign Medical Graduates or any successor organization approved by the division in collaboration with the board;
     (1)(e) satisfy the division and board that the applicant:

          (1)(e)(i) has successfully completed 24 months of progressive resident training in a program approved by the ACGME, the Royal College of Physicians and Surgeons, the College of Family Physicians of Canada, or any similar body in the United States or Canada approved by the division in collaboration with the board; or
          (1)(e)(ii)

               (1)(e)(ii)(A) has successfully completed 12 months of resident training in an ACGME approved program after receiving a degree of doctor of medicine as required under Subsection (1)(d);
               (1)(e)(ii)(B) has been accepted in and is successfully participating in progressive resident training in an ACGME approved program within Utah, in the applicant’s second or third year of postgraduate training; and
               (1)(e)(ii)(C) has agreed to surrender to the division the applicant’s license as a physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act, and has agreed the applicant’s license as a physician and surgeon will be automatically revoked by the division if the applicant fails to continue in good standing in an ACGME approved progressive resident training program within the state;
     (1)(f) pass the licensing examination sequence required by division rule made in collaboration with the board;
     (1)(g) be able to read, write, speak, understand, and be understood in the English language and demonstrate proficiency to the satisfaction of the board if requested by the board;
     (1)(h) meet with the board and representatives of the division, if requested, for the purpose of evaluating the applicant’s qualifications for licensure;
     (1)(i) designate:

          (1)(i)(i) a contact person for access to medical records in accordance with the federal Health Insurance Portability and Accountability Act; and
          (1)(i)(ii) an alternate contact person for access to medical records, in the event the original contact person is unable or unwilling to serve as the contact person for access to medical records; and
     (1)(j) establish a method for notifying patients of the identity and location of the contact person and alternate contact person, if the applicant will practice in a location with no other persons licensed under this chapter.
(2) An applicant for licensure as a physician and surgeon by endorsement who is currently licensed to practice medicine in any state other than Utah, a district or territory of the United States, or Canada shall:

     (2)(a) be currently licensed with a full unrestricted license in good standing in any state, district, or territory of the United States, or Canada;
     (2)(b) have been actively engaged in the legal practice of medicine in any state, district, or territory of the United States, or Canada for not less than 6,000 hours during the five years immediately preceding the date of application for licensure in Utah;
     (2)(c) comply with the requirements for licensure under Subsections (1)(a) through (d), (1)(e)(i), and (1)(g) through (j);
     (2)(d) have passed the licensing examination sequence required in Subsection (1)(f) or another medical licensing examination sequence in another state, district or territory of the United States, or Canada that the division in collaboration with the board by rulemaking determines is equivalent to its own required examination;
     (2)(e) not have any investigation or action pending against any health care license of the applicant, not have a health care license that was suspended or revoked in any state, district or territory of the United States, or Canada, and not have surrendered a health care license in lieu of a disciplinary action, unless:

          (2)(e)(i) the license was subsequently reinstated as a full unrestricted license in good standing; or
          (2)(e)(ii) the division in collaboration with the board determines to its satisfaction, after full disclosure by the applicant, that:

               (2)(e)(ii)(A) the conduct has been corrected, monitored, and resolved; or
               (2)(e)(ii)(B) a mitigating circumstance exists that prevents its resolution, and the division in collaboration with the board is satisfied that, but for the mitigating circumstance, the license would be reinstated;
     (2)(f) submit to a records review, a practice history review, and comprehensive assessments, if requested by the division in collaboration with the board; and
     (2)(g) produce satisfactory evidence that the applicant meets the requirements of this Subsection (2) to the satisfaction of the division in collaboration with the board.
(3) An applicant for licensure by endorsement may engage in the practice of medicine under a temporary license while the applicant’s application for licensure is being processed by the division, provided:

     (3)(a) the applicant submits a complete application required for temporary licensure to the division;
     (3)(b) the applicant submits a written document to the division from:

          (3)(b)(i) a health care facility licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, stating that the applicant is practicing under the:

               (3)(b)(i)(A) invitation of the health care facility; and
               (3)(b)(i)(B) the general supervision of a physician practicing at the facility; or
          (3)(b)(ii) two individuals licensed under this chapter, whose license is in good standing and who practice in the same clinical location, both stating that:

               (3)(b)(ii)(A) the applicant is practicing under the invitation and general supervision of the individual; and
               (3)(b)(ii)(B) the applicant will practice at the same clinical location as the individual;
     (3)(c) the applicant submits a signed certification to the division that the applicant meets the requirements of Subsection (2);
     (3)(d) the applicant does not engage in the practice of medicine until the division has issued a temporary license;
     (3)(e) the temporary license is only issued for and may not be extended or renewed beyond the duration of one year from issuance; and
     (3)(f) the temporary license expires immediately and prior to the expiration of one year from issuance, upon notification from the division that the applicant’s application for licensure by endorsement is denied.
(4) The division shall issue a temporary license under Subsection (3) within 15 business days after the applicant satisfies the requirements of Subsection (3).
(5) The division may not require the following requirements for licensure:

     (5)(a) a post-residency board certification; or
     (5)(b) a cognitive test when the physician reaches a specified age, unless:

          (5)(b)(i) the screening is based on evidence of cognitive changes associated with aging that are relevant to physician performance;
          (5)(b)(ii) the screening is based on principles of medical ethics;
          (5)(b)(iii) physicians are involved in the development of standards for assessing competency;
          (5)(b)(iv) guidelines, procedures, and methods of assessment, which may include cognitive screening, are relevant to physician practice and to the physician’s ability to perform the tasks specifically required in the physician’s practice environment;
          (5)(b)(v) the primary driver for establishing assessment results is the ethical obligation of the profession to the health of the public and patient safety;
          (5)(b)(vi) the goal of the assessment is to optimize physician competency and performance through education, remediation, and modifications to a physician’s practice environment or scope;
          (5)(b)(vii) a credentialing committee determines that public health or patient safety is directly threatened, the screening permits a physician to retain the right to modify the physician’s practice environment to allow the physician to continue to provide safe and effective care;
          (5)(b)(viii) guidelines, procedures, and methods of assessment are transparent to physicians and physicians’ representatives, if requested by a physician or a physician’s representative, and physicians are made aware of the specific methods used, performance expectations and standards against which performance will be judged, and the possible outcomes of the screening or assessment;
          (5)(b)(ix) education or remediation practices that result from screening or assessment procedures are:

               (5)(b)(ix)(A) supportive of physician wellness;
               (5)(b)(ix)(B) ongoing; and
               (5)(b)(ix)(C) proactive; and
          (5)(b)(x) procedures and screening mechanisms that are distinctly different from for cause assessments do not result in undue cost or burden to senior physicians providing patient care.
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