Fat Graft Is Medical Practice

The Utah Supreme Court declined to disturb a finding that a registered nurse had engaged in unlawful medical practice

The Utah Division of Professional Licensing (DOPL) filed a notice of agency action against Karen Jean Anderson, a licensed advanced practice registered nurse (APRN). DOPL alleged that Anderson unlawfully engaged in the practice of medicine and practiced outside the scope of her APRN license by performing tumescent liposuction and fat grafting procedures. The parties do not dispute that under the Utah Code these procedures are considered ablative cosmetic medical procedures.

In its order, DOPL sustained these allegations, reasoning that with few exceptions, physicians and osteopathic physicians have “exclusive authority” to perform ablative cosmetic medical procedures. DOPL barred Anderson from performing the procedures and imposed a fine. Anderson next sought agency review with the Department of Commerce. The Department reduced the fine but otherwise upheld DOPL’s order. Anderson then sought judicial review.

We hold that the Utah Code bars APRNs from independently performing ablative cosmetic medical procedures. The statutory scheme limits the performance of such procedures to either those licensed to practice medicine—meaning physicians and osteopathic physicians—or licensees whose scope of practice includes the authority to operate or perform surgery. Because the scope of practice for APRNs contains no such authorization, Anderson both unlawfully practiced medicine and exceeded the scope of her APRN license by performing the ablative cosmetic medical procedures of tumescent liposuction and fat grafting. Therefore, we do not disturb the Department’s order.

(Mike Frisch)