Section 501.8 – Occupational and professional identification of health care providers — Unlawful and unprofessional conduct — Penalties.

Effective 5/13/2014
58-1-501.8. Occupational and professional identification of health care providers — Unlawful and unprofessional conduct — Penalties.

• (1) For purposes of this section:
  • (a) “Badge” means a tag or badge in plain view:
    • (i) attached to a health care provider’s clothing; or
    • (ii) hanging from a lanyard around a health care provider’s neck.
  • (b) “Clothing” means a health care provider’s outermost article of clothing that is visible to others.
  • (c) “Deceptive or misleading conduct” means any affirmative communication or representation that falsely states, describes, holds out, or details an individual’s licensure, training, education, or profession.
  • (d) “Health care provider” means a natural person who is:
    • (i) defined as a health care provider in Section 78B-3-403; and
    • (ii) licensed under this title.
  • (e) “Identification” means a badge or stitching, or permanent writing in plain view on clothing that:
    • (i) includes the health care provider’s name;
    • (ii) includes the license type held by the health care provider;
    • (iii) is worn in a manner that is visible and apparent to others; and
    • (iv) contains the information required by Subsections (1)(e)(i) and (ii):
      • (A) in a manner and of sufficient size that can be easily read; and
      • (B) on both sides of the badge, unless the badge or tag is attached to clothing in a way that prevents the badge from rotating.
  • (f) “License type” means a designation of the license type that satisfies the requirements of Section 58-1-501.6.
  • (g) “Patient encounter” means an interaction in a health care facility, health care clinic, or office in which a patient can see a health care provider delivering services directly to a patient.

• (2) Beginning January 1, 2015, except as provided in Subsections (3) and (4), a health care provider shall wear identification during any patient encounter.

• (3) A health care provider’s identification may be covered if required under sterilization or isolation protocols.

• (4) A health care provider is not required to wear identification:
  • (a) if wearing identification would jeopardize the health care provider’s safety; or
  • (b)
    • (i) in an office in which:
      • (A) the license type and names of all health care providers working in the office are displayed on the office door; or
      • (B) each health care provider working in the office has the health care provider’s license posted prominently in the office and readily visible to a patient; and
    • (ii) if the office is an office:
      • (A) of a solo health care provider; or
      • (B) of a single type of health care provider.

• (5) An individual who is a student or is in training to obtain a license as a health care provider shall:
  • (a) wear identification during patient encounters that identifies the person as in training, or a student, for the particular license type; and
  • (b) otherwise comply with the provisions of this section.

• (6) It is unprofessional conduct if a health care provider violates this section.

• (7) It is unlawful conduct if an individual:
  • (a) wears identification in a patient encounter that suggests that the individual is practicing or engaging in an occupation or profession that the individual may not lawfully practice or engage in under this title; or
  • (b) engages in deceptive or misleading conduct.

• (8) An individual who violates this section is subject to Section 58-1-502.

Enacted by Chapter 99, 2014 General Session