Utah good-faith exam for med spas

Good-faith examination in Utah

Utah sets a statutory evaluation rule for nonablative procedures other than hair removal. Nonablative cosmetic medical procedures except hair removal need a plan and evaluation in person or by live telemedicine before a protocol or series, by a physician, nurse practitioner, or physician assistant under Chapter 70a, all with unrestricted licenses. Hair removal has a separate review/delegation regime under § 58-1-506(2), including the scoped chiropractic exception in § 58-1-506(6). Utah reinforces it from the other end: a medical assistant under the indirect supervision of a physician may not diagnose and may not establish a treatment plan. The statute also defines DIRECT cosmetic medical procedure supervision as the supervisor being present and available for face-to-face communication when and where the procedure is performed.

• For a nonablative cosmetic medical procedure other than hair removal under Subsection (2), Subsection (3)(a) states: a physician who has an unrestricted license to practice medicine, a nurse practitioner who has an unrestricted license for advanced practice registered nursing, or a physician assistant acting in accordance with Chapter 70a, Utah Physician Assistant Act, who has an unrestricted license to practice as a physician assistant, shall: (i) develop a treatment plan for the nonablative cosmetic medical procedure; and (ii) conduct an evaluation of the patient either in-person or utilizing a live telemedicine visit before the initiation of a treatment protocol or series of treatments;

  Utah Code § 58-1-506(3)(a) (Supervision of cosmetic medical procedures) · verified Sep 4, 2026

• "Direct cosmetic medical procedure supervision" means the supervisor: (i) has authorized the procedure to be done on the patient by the supervisee; and (ii) is present and available for a face-to-face communication with the supervisee when and where a cosmetic medical procedure is performed.

  Utah Code § 58-1-506(1)(c) (definition of “Direct cosmetic medical procedure supervision”) · verified Sep 4, 2026

• a medical assistant under the indirect supervision of a physician, may not engage in the following medical practices or procedures: (a) diagnosing; (b) establishing a treatment plan;

  Utah Admin. Code R156-67-305(4)(a)-(b) (Exemptions from licensure — medical assistants) · verified Sep 4, 2026

• "Practice of nursing" means assisting a patient to maintain or attain optimal health, implementing a strategy of care to accomplish defined goals and evaluating responses to care and treatment, and requires substantial specialized or general knowledge, judgment, and skill based upon principles of the biological, physical, behavioral, and social sciences.

  Utah Code § 58-31b-102(11) (definition of “Practice of nursing”) · verified Sep 4, 2026

• Utah imposes no single presence rule: what is required depends on the procedure, on who performs it, and on how the facility advertises. SCOPE — "Cosmetic medical procedure" includes "(i) the use of cosmetic medical devices to perform ablative or nonablative procedures; or (ii) the injection of medication or substance, including a neurotoxin or a filler, for cosmetic purposes", and excludes "a treatment of the ocular globe including refractive surgery" (§ 58-67-102(11)). Who supervises — a "Supervisor" is a physician with an unrestricted license under the Utah Medical Practice Act or the Utah Osteopathic Medical Practice Act acting within the scope of the practice of medicine as defined in § 58-67-102, or an advanced practice registered nurse with an unrestricted license under the Nurse Practice Act acting within the scope defined in § 58-31b-102; procedures "may only be performed in a cosmetic medical facility", and the supervisory role may be delegated "only to another individual who is qualified as a supervisor" (§ 58-1-505(1)(a)–(b), (2)(a)–(c)). Hair removal (§ 58-1-506(2)) — the supervisor must hold an unrestricted license to practice medicine or advanced practice registered nursing, develop the medical treatment plan, and conduct a "hair removal review" or delegate it to delegation group A; during the procedure the supervisor provides GENERAL supervision to group A and INDIRECT supervision to group B, "except physician assistants, who shall act in accordance with Chapter 70a, Utah Physician Assistant Act" (§ 58-1-506(2)(a)–(e)). Other nonablative procedures (§ 58-1-506(3)) — a physician, a nurse practitioner, or a physician assistant "acting in accordance with Chapter 70a ... who has an unrestricted license to practice as a physician assistant" must develop the treatment plan and "conduct an evaluation of the patient either in-person or utilizing a live telemedicine visit" before treatment begins; the supervising supervisor then either personally performs the procedure or provides GENERAL supervision where a registered nurse or master esthetician performs it, Chapter 70a supervision where a physician assistant performs it, and DIRECT supervision where an esthetician or a practical nurse performs it (§ 58-1-506(3)(a)–(b)). What each level requires — DIRECT: the supervisor "is present and available for a face-to-face communication with the supervisee when and where a cosmetic medical procedure is performed". INDIRECT: the supervisor "has given written instructions to the person being supervised" and "is present within the cosmetic medical facility in which the person being supervised is providing services". GENERAL: the supervisor must have authorized the procedure to be done on the patient by the supervisee. As to availability, the supervisor must be "available in a timely and appropriate manner in person to evaluate and initiate care" for a patient with a suspected adverse reaction or complication and "located within 60 minutes or 60 miles of the cosmetic medical facility" (§ 58-1-506(1)(c), (d), (f)). Advertising-conditional on-premises duty — separately, a facility performing a cosmetic medical procedure "may not advertise or hold itself out to the public as a “medical spa,” “medical facility,” or “medical clinic” unless the facility has an individual on the premises while a cosmetic medical procedure is performed" who is licensed as a nurse practitioner, under the Utah Medical Practice Act, or under the Utah Osteopathic Medical Practice Act (§ 58-1-507). That duty is triggered by holding out under those three names; a facility that does not so advertise is not bound by it. Delegation groups — group A is a physician assistant acting under Chapter 70a, a registered nurse, a master esthetician, and an electrologist "if evaluating for or performing laser hair removal"; group B is a practical nurse or esthetician, and a medical assistant, who is an unlicensed individual under § 58-67-102(14). For hair-removal delegation under § 58-1-506(2), the supervisor must verify appropriate training, an unrestricted license under Title 58 or work under the supervising physician and surgeon’s license, and maintained competence through "at least 80 hours, as further defined by rule" (§ 58-1-506(2)(f)). For other nonablative delegation under § 58-1-506(3)(b), the supervisor must verify appropriate training, an unrestricted license and action within the person’s scope of practice under Title 58, and the competence qualification in § 58-1-506(2)(f)(iii) (§ 58-1-506(3)(b)(iii)). Chiropractic exception — a chiropractic physician "is not subject to the supervision requirements in this section for a nonablative cosmetic medical procedure for hair removal if the chiropractic physician is acting within the scope of practice of a chiropractic physician and with training specific to nonablative hair removal" (§ 58-1-506(6)) — the exception reaches hair removal only, not other nonablative procedures. Failure to comply is unprofessional conduct (§ 58-1-506(5)).

  Utah Code §§ 58-1-505(1)(a)-(b), (2)(a)-(c); 58-1-506(1)(a)-(d), (f), (2)(a)-(f), (3)(a)-(b), (5), (6); 58-1-507; 58-67-102(11), (14) · verified Oct 22, 2026

Recent Utah changes

• UT State Licensing Agency: 2026 Periodic Review: Anesthesiologist AssistantsSep 25, 2026