58-81 - Retired Volunteer Health Care Practitioner Act
Title 58 > 58-81
Sections (5)
58-81-101 - Title.
This chapter is known as the “Retired Volunteer Health Care Practitioner Act.”
58-81-102 - Definitions.
For purposes of this chapter: 58-81-102(1) “Board” means the state licensing board created for each of the health care practitioners included in Subsection (2). 58-81-102(2) “Health care practitioner” includes:
a podiatrist licensed under Chapter 5a, Podiatric Physician Licensing Act; a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act; a nurse or advanced practice registered nurse licensed under Chapter 31b, Nurse Practice Act; a recreational therapist licensed under Chapter 40, Recreational Therapy Practice Act; an occupational therapist licensed under Chapter 42a, Occupational Therapy Practice Act; a nurse midwife licensed under Chapter 44a, Nurse Midwife Practice Act; a mental health professional licensed under Chapter 60, Mental Health Professional Practice Act; a psychologist licensed under Chapter 61, Psychologist Licensing Act; a physician licensed under Chapter 67, Utah Medical Practice Act; an osteopath licensed under Chapter 68, Utah Osteopathic Medical Practice Act; a dentist or dental hygienist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act; a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act; a pharmacist licensed under Chapter 17b, Pharmacy Practice Act; an optometrist licensed under Chapter 16a, Utah Optometry Practice Act; or an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act. 58-81-102(3) “Qualified location” means:
a clinic, hospital, church, or organization whose primary purpose is to sponsor, promote, or organize uncompensated health care services for people unable to pay for health care services; and is a location approved by the division. 58-81-102(4) “Remuneration or compensation” means the same as that term is defined in Section 58-13-3. 58-81-102(5) “Supervising professional” means a health care practitioner:
who has an active license in the state in good standing; with a scope of practice that is appropriate for supervising the applicant as determined by the division and board; and who is practicing at the qualified location. 58-81-102(6) “Supervision” means:
the level of supervision required for: a social service worker in Chapter 60, Mental Health Professional Practice Act; a dental hygienist in Chapter 69, Dentist and Dental Hygienist Practice Act; a recreational therapist technician in Chapter 40, Recreational Therapy Practice Act; and an occupational technician assistant in Chapter 42a, Occupational Therapy Practice Act; and for the health care practitioners listed in Subsections (2)(a) through (m) and not included in Subsection (5)(a): entering into a delegation of service agreement with a supervising professional in accordance with Subsection 58-81-103(2); having the ability to contact the supervising professional during the time the volunteer is providing volunteer services; and for every 40 hours of volunteer service hours, meeting with the supervising professional. 58-81-102(7) “Volunteer” means the individual health care practitioner:
will devote the health care practitioner’s practice exclusively to providing care to the needy and indigent in the state: within:
the practitioner’s scope of practice; and the delegation of service agreement between the volunteer and the supervising professional; and at a qualified location; will agree to donate professional services in a qualified location; and will not receive remuneration or compensation for the health care practitioner’s services.
58-81-103 - Eligibility for volunteer health care practitioner license — Delegation of service agreement.
58-81-103(1) A health care practitioner is eligible to apply to the division and board for a volunteer health care practitioner license if the health care practitioner:
certifies to the division and board that the applicant will be engaged exclusively in volunteer health care services; and completes an application for a volunteer health care practitioner license, which includes documentation: of professional education, exams passed, and graduation; of practice history; of a qualified location for which the health care practitioner will be practicing; identifying the supervising health care practitioner and the supervising health care practitioner’s delegation of service agreement with the volunteer practitioner; and that the applicant has:
previously been issued an unrestricted license to practice in Utah, another state of the United States, or a district or territory of the United States; never been the subject of any significant disciplinary action in any jurisdiction; and is in good health and does not have a condition which would impair the health care practitioner’s ability to practice with reasonable skill and safety to patients. 58-81-103(2) A health care provider who has agreed to be a supervising professional for a volunteer at a qualified location shall:
enter into a delegation of service agreement with the volunteer health care practitioner; agree to provide the level of supervision required in Subsection 58-81-102(6); determine with the volunteer whether the volunteer’s scope of practice or ability to prescribe controlled substances will be limited by the delegation of service agreement; include in the delegation of service agreement that the volunteer may not prescribe a controlled substance to himself, the volunteer’s family, or a staff member of the qualified location; and forward the delegation of service agreement to the division.
58-81-104 - Volunteer health care practitioner license — Waiver of fees — Rulemaking authority.
58-81-104(1) The division and board shall issue a volunteer health care practitioner license to an applicant who:
completes an application under Section 58-81-103; and meets the requirements of this chapter. 58-81-104(2) A license issued under this chapter shall:
comply with the scope of practice for a similarly situated licensed practitioner, except that the license shall limit the health care practitioner’s practice to the qualified location; permit the health care practitioner to apply for a controlled substance license as permitted for other similarly situated licensed practitioners; and state that the license is a volunteer health care practitioner license and is subject to the restriction of Subsection (2)(a). 58-81-104(3) The division and board shall waive all division fees, including application fees, examination fees, and annual renewal fees for an applicant who applies for a volunteer health care practitioner license and who otherwise meets licensure requirements. 58-81-104(4) The division and board may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
approve the charity locations that qualify under Section 58-81-102; develop standards for the information that must be included in a delegation of service agreement, including a standard form that a supervising professional may use; and implement the provisions of this chapter. 58-81-104(5) A health care practitioner who is licensed as a volunteer health care practitioner under this chapter is entitled to qualified immunity for charity care if the health care practitioner meets the requirements of Section 58-13-3.
58-81-105 - Grounds for denial of license.
The division may not refuse, revoke, suspend, or in any way restrict the license of a health care practitioner, as defined in Subsections 58-81-102(2)(c) , (g) , (h) , (i) , (j) , and (l) , under this chapter solely because the health care practitioner seeks or participates in mental health or substance abuse treatment.