Generally, unauthorized practice as a licensed professional is a felony 3 or misdemeanor A in Utah. The practice of law is governed by the Utah State Bar where other professions are governed by the Division of Professional Licensing (“DOPL”).
The county prosecuting attorney in the county where the alleged unlicensed and illegal practice occurs will be the prosecuting agency. All misdemeanor A and felony charges are required to be filed in Utah district courts.
Unauthorized Practice of Dentistry. 3rd Degree Felony and Misdemeanor A
58-69-503 Penalty for unlawful conduct. (1) Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) and Section 58-69-501 with regard to the practice of dentistry is guilty of a third degree felony. (2) Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) with regard to the practice of dental hygiene is guilty of a class A misdemeanor.
Veterinary Practice Act—3rd Degree Felony
58-28-503 Penalty for unlawful or unprofessional conduct. (1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is guilty of a third degree felony.
Massage Therapy Practice Act
58-47b-503 Penalties. (1) Except as provided in Subsection (2), any individual who commits an act of unlawful conduct under Section 58-47b-501 is guilty of a class A misdemeanor. (2) Sexual conduct that violates Section 58-47b-501 and Title 76, Utah Criminal Code, shall be subject to the applicable penalties in Title 76, Utah Criminal Code.
Mental Health Professional Practice Act
58-60-111 Penalty for unlawful conduct. An individual who commits any act of unlawful conduct as defined in: (1) Subsection 58-60-109(1) or (2) is guilty of a third degree felony; or (2) Subsection 58-60-109(3) is guilty of a class A misdemeanor.
Psychologist Licensing Act
58-61-503 Penalty for unlawful conduct. An individual who commits any act of unlawful conduct as defined in: (1) Subsection 58-61-501(1) or (2) is guilty of a third degree felony; or (2) Subsection 58-61-501(3) is guilty of a class A misdemeanor.
Chiropractic Physician Practice Act
58-73-502 Unlawful conduct — Penalties. (1) “Unlawful conduct” includes, in addition to the definition in Section 58-1-501: (a) buying, selling, or fraudulently obtaining any chiropractic diploma, license, certificate, or registration; (b) aiding or abetting the buying, selling, or fraudulently obtaining of any chiropractic diploma, license, certificate, or registration; and (c) substantially interfering with a licensee’s lawful and competent practice of chiropractic in accordance with this chapter. (2) Any person who violates any provision of Subsection (1) is guilty of a third degree felony.
Naturopathic Physician Practice Act
58-71-503 Penalty for unlawful conduct. (1) Any person who violates the unlawful conduct provisions of Section 58-71-501, Subsection 58-1-501(1)(a), or 58-1-501(1)(c) is guilty of a third degree felony.
