{"data":{"id":"us-ut/utah-code-31a-23b-211","jurisdiction":"us-ut","citation":"Utah Code § 31A-23b-211","heading":"Exceptions to navigator licensing.","body":"(1) For purposes of this section:\n(a) \"Negotiate\" is as defined in Section 31A-23a-102.\n(b) \"Sell\" is as defined in Section 31A-23a-102.\n(c) \"Solicit\" is as defined in Section 31A-23a-102.\n(2) The commissioner may not require a license as a navigator of:\n(a) a person who is employed by or contracts with:\n(i) a health care facility that is licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, to assist an individual with enrollment in a public program or an application for premium subsidy; or\n(ii) the state, a political subdivision of the state, an entity of a political subdivision of the state, or a public school district to assist an individual with enrollment in a public program or an application for premium subsidy;\n(b) a federally qualified health center as defined by Section 1905(1)(2)(B) of the Social Security Act which assists an individual with enrollment in a public program or an application for premium subsidy;\n(c) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, if the person is licensed in the appropriate line of authority to sell, solicit, or negotiate accident and health insurance plans;\n(d) an officer, director, or employee of a navigator:\n(i) who does not receive compensation or commission from an insurer issuing an insurance contract, an agency administering a public program, an individual who enrolled in a public program or insurance product, or an exchange; and\n(ii) whose activities:\n(A) are executive, administrative, managerial, clerical, or a combination thereof;\n(B) only indirectly relate to the sale, solicitation, or negotiation of insurance, or the enrollment in a public program offered through the exchange;\n(C) are in the capacity of a special agent or agency supervisor assisting an insurance producer or navigator;\n(D) are limited to providing technical advice and assistance to a licensed insurance producer or navigator; or\n(E) do not include the sale, solicitation, or negotiation of insurance, or the enrollment in a public program;\n(e) a person who does not sell, solicit, or negotiate insurance and is not directly or indirectly compensated by an insurer issuing an insurance contract, an agency administering a public program, an individual who enrolled in a public program or insurance product, or an exchange, including:\n(i) an employer, association, officer, director, employee, or trustee of an employee trust plan who is engaged in the administration or operation of a program:\n(A) of employee benefits for the employer's or association's own employees or the employees of a subsidiary or affiliate of an employer or association; and\n(B) that involves the use of insurance issued by an insurer or enrollment in a public health plan on an exchange;\n(ii) an employee of an insurer or organization employed by an insurer who is engaging in the inspection, rating, or classification of risk, or the supervision of training of insurance producers; or\n(iii) an employee who counsels or advises the employee's employer with regard to the insurance interests of the employer, or a subsidiary or business affiliate of the employer; and\n(f) an Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health Care Improvement Act, which assists a person with enrollment in a public program or an application for a premium subsidy.\n(3) The exemption from licensure under Subsections (2)(a), (b), and (f) does not apply if a person described in Subsections (2)(a), (b), and (f) enrolls a person in a private insurance plan.\n(4) The commissioner may by rule exempt a class of persons from the license requirement of Subsection 31A-23b-201(1) if:\n(a) the functions performed by the class of persons do not require:\n(i) special competence;\n(ii) special trustworthiness; or\n(iii) regulatory surveillance made possible by licensing; or\n(b) other existing safeguards make regulation unnecessary.","path":["Title 31A Insurance Code","Chapter 31A-23b Navigator License Act","Part 31A-23b-2 Licensing"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter23b/31A-23b-S211.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d2ef87d2ff8c84e7c75cbbb95afb62840ec29c818dbc123423759eaa05ae1b19","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-23b-210","next":"us-ut/utah-code-31a-23b-301"},"notice":"GroundRules: Original legal text. Not legal advice."}