Current through Bulletin 2024-18, September 15, 2024
Terms used in this rule are defined in Title 58, Chapter 1,
Division of Professional Licensing Act. In addition:
(1)
(a)
"Active and in good standing" means a licensure status that allows the licensee
full privileges to engage in the practice of the profession subject to the
scope of the licensee's license classification.
(b) A license that has been placed on
probation subject to terms and conditions is not active and in good
standing.
(2)
(a) "Aggravating circumstances" means any
consideration or factors that may justify an increase in the severity of an
action to be imposed upon an applicant or licensee.
(b) "Aggravating circumstances" include the
following:
(i) prior record of disciplinary
action, unlawful conduct, or unprofessional conduct;
(ii) dishonest or selfish motive;
(iii) pattern of misconduct;
(iv) multiple offenses;
(v) obstruction of the disciplinary process
by intentionally failing to comply with rules or orders of the
Division;
(vi) submission of false
evidence, false statements, or engaging in other deceptive practices, including
creating, destroying, or altering records;
(vii) refusal to acknowledge the wrongful
nature of the misconduct involved, either to the client or to the
Division;
(viii) vulnerability of
the victim;
(ix) lack of good faith
to make restitution or to rectify the consequences of the misconduct;
(x) illegal conduct, including the use of
controlled substances; or
(xi)
intimidation or threats of withholding client records or other detrimental
consequences if the client reports or testifies regarding the unprofessional or
unlawful conduct.
(3) "Cancel" or "cancellation" means
nondisciplinary action by the Division to rescind, repeal, annul, or void a
license:
(a) issued to a licensee in error,
such as where a license is issued to an applicant:
(i) whose payment of the required application
fee is dishonored when presented for payment;
(ii) who has been issued a conditional
license pending a criminal background check and the check cannot be completed
due to the applicant's failure to resolve an outstanding warrant or to submit
acceptable fingerprint cards; or
(iii) who has been issued the wrong
classification of licensure; or
(b) not issued in error, but the licensee
fails to maintain the ongoing qualifications for licensure and the failure is
not defined as unprofessional conduct or unlawful conduct.
(4) "Charges" means the acts or omissions
alleged to constitute either unprofessional or unlawful conduct or both by a
licensee, that serve as the basis to consider a licensee for inclusion in the
Utah Professionals Health Program authorized in Title 58, Chapter 4a, Utah
Professionals Health Program.
(5)
(a) "Cheating" means the use of any means or
instrumentality by or for the benefit of a candidate to alter exam results to
inaccurately represent the competency of a candidate with respect to the
knowledge or skills about which the candidate is examined.
(b) "Cheating" includes:
(i) for a candidate during an exam:
(A) communication about the exam with another
candidate inside the exam room or facility;
(B) communication about the exam with anyone
outside of the exam room or facility;
(C) copying or looking at another candidate's
answers;
(D) allowing another
candidate to copy or look at the candidate's answers;
(E) use of any item, material, or device that
is not specifically authorized for use in the exam; or
(F) unauthorized tampering with exam
equipment or materials;
(ii) allowing access to exam questions or
answers if not authorized by the Division;
(iii) taking or attempting to take an exam
for another individual;
(iv)
obtaining, using, disclosing, buying, selling, possessing, or having access to
any part of a Division exam without written authorization from the Division or
its contracted vendor;
(v)
violating an exam confidentiality agreement; or
(vi) attesting that the candidate meets the
qualifications to sit for an exam if the candidate knows or reasonable should
know that the candidate does not meet the qualifications.
(c) "Cheating" is unlawful conduct under
Subsection
58-1-501(1)(e) and unprofessional conduct under Subsection
58-1-501(2)(a)(viii).
(6) "Conditional licensure" means
an interim non-adverse licensure action, in which a license is issued to an
applicant for initial, renewal, or reinstatement of licensure on a conditional
basis in accordance with Section
R156-1-308f, while an
investigation, inspection, or audit is pending.
(7) "Denial of licensure" means action by the
Division refusing to issue a license to an applicant for initial licensure,
renewal of licensure, reinstatement of licensure, or relicensure.
(8)
(a)
"Disciplinary action" means adverse licensure action by the Division under the
authority of Subsection
58-1-401(2)(a) or (b).
(b) "Disciplinary action" as used in
Subsection
58-1-401(6):
(i) means an adverse licensure action
initiated by the Division; and
(ii)
does not mean an adverse licensure action taken by the Division in response to
an application for licensure.
(9) "Duplicate license" means a license
reissued to replace a license that has been lost, stolen, or
mutilated.
(10) "Emergency review
committee" means an emergency adjudicative proceedings review committee created
by the Division under the authority of Subsection
58-1-108(2).
(11) "Expire" or "expiration" means the
automatic termination of a license that occurs:
(a) at the expiration date shown upon a
license if the licensee fails to renew the license before the expiration date;
or
(b) before the expiration date
shown on the license:
(i) upon the death of a
licensee who is a natural person;
(ii) upon the dissolution of a licensee that
is a business structure such as a partnership, corporation, or other business
entity; or
(iii) upon the issuance
of a new license that supersedes an old license, including a license that:
(A) replaces a temporary license;
(B) replaces a student or other interim
license that is limited to one or more renewals or other renewal limitation;
or
(C) is issued to a licensee in
an upgraded classification permitting the licensee to engage in a broader scope
of practice in the licensed occupation or profession.
(12) "Home telephone
number" in Section
58-1-106 or
R156-1-106 includes a licensee's
personal cell phone number.
(13)
"Home address" in Section
58-1-106 or
R156-1-106 may include a
licensee's mailing address or email address.
(14) "Inactive" or "inactivation" means
action by the Division to place a license on inactive status in accordance with
Section 58-1-305 and Section
R156-1-305.
(15) "Investigative subpoena authority" means
the Division assistant director or legal analyst, or an alternate designated by
the director in writing.
(16)
"License" means a right or privilege to engage in the practice of a regulated
profession as a licensee.
(17)
"Limit" or "limitation" means nondisciplinary action placing either terms and
conditions or restrictions, or both upon a license:
(a) issued to an applicant for initial
licensure, renewal, or reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the
licensee's current license or disciplinary status.
(18) "Mitigating circumstances" means any
consideration or factors that may justify a reduction in the severity of an
action to be imposed upon an applicant or licensee.
(a) Mitigating circumstances include:
(i) absence of prior record of disciplinary
action, unlawful conduct or unprofessional conduct;
(ii) personal, mental, or emotional problems
if the problems have not posed a risk to the health, safety, or welfare of the
public or clients served, such as drug or alcohol abuse while working or
similar situations where the licensee or applicant should know that they should
refrain from engaging in activities that may pose such a risk;
(iii) timely and good faith effort to make
restitution or rectify the consequences of the misconduct involved;
(iv) full and free disclosure to the client
or Division before the discovery of any misconduct;
(v) inexperience in the practice of the
profession, that is not the result of failure to obtain appropriate education
or consultation that the applicant or licensee should have known they should
obtain before beginning work on a particular matter;
(vi) imposition of other penalties or
sanctions if the other penalties and sanctions have alleviated threats to the
public health, safety, and welfare; and
(vii) remorse.
(b) The following factors may not be
considered as mitigating circumstances:
(i)
forced or compelled restitution;
(ii) withdrawal of complaint by client or
other affected persons;
(iii)
resignation before disciplinary proceedings;
(iv) failure of injured client to
complain;
(v) complainant's
recommendation as to sanction; or
(vi) in an informal disciplinary proceeding
brought pursuant to Subsection
58-1-501(2)(a)(iii),
or 58-1-501(2)(a)(iv),
or Section R156-1-501:
(A) argument that a prior proceeding was
conducted unfairly, contrary to law, or in violation of due process or any
other procedural safeguard;
(B)
argument that a prior finding or sanction was contrary to the evidence or
entered without due consideration of relevant evidence;
(C) argument that a respondent was not
adequately represented by counsel in a prior proceeding; and
(D) argument or evidence that former
statements of a respondent made in conjunction with a plea or settlement
agreement are not true.
(19) "Nondisciplinary action" means adverse
licensure action by the Division under the authority of Subsection
58-1-401(1) or
58-1-401(2)(c) or (d).
(20) "Peer committee" mean an advisory peer
committee to a board that is created by the Legislature in Title 58,
Occupations and Professions, or created by the Division under the authority of
Subsection
58-1-203(1)(f).
(21) "Probation" means disciplinary action
placing terms and conditions upon a license:
(a) issued to an applicant for initial
licensure, renewal or reinstatement of licensure, or relicensure; or
(b) issued to a licensee in place of the
licensee's current license or disciplinary status.
(22) "Public reprimand" means disciplinary
action to formally reprove or censure a licensee for unprofessional or unlawful
conduct, with the documentation of the action being classified as a public
record.
(23) "Regulatory authority"
as used in Subsection
58-1-501(2)(a)(iv) and this rule means any governmental entity that licenses, certifies,
registers, or otherwise regulates persons subject to its jurisdiction, or
grants the right to practice before or otherwise do business with the
governmental entity.
(24)
"Reinstate" or "reinstatement" means to:
(a)
activate an expired license; or
(b)
restore a license that is restricted as defined in Subsection (26)(b),
suspended, or on probation, to a less restrictive license or an active in good
standing license.
(25)
"Relicense" or "relicensure" means to license an applicant who has previously
been revoked or has previously surrendered a license.
(26) "Restrict" or "restriction" means
disciplinary action qualifying or limiting the scope of a license:
(a) issued to an applicant for initial
licensure, renewal or reinstatement of licensure, or relicensure in accordance
with Section
58-1-304; or
(b) issued to a licensee in place of the
licensee's current license or disciplinary status.
(27) "Revoke" or "revocation" means
disciplinary action by the Division extinguishing a license.
(28) "Suspend" or "suspension" means
disciplinary action by the Division removing the right to use a license for a
period or indefinitely as indicated in the disciplinary order, with the
possibility of subsequent reinstatement of the right to use the
license.
(29) "Surrender" means
voluntary action by a licensee giving back or returning to the Division in
accordance with Section
58-1-306, the rights and
privileges associated with a license issued to the licensee.
(30) "Temporary license" or "temporary
licensure" means a license issued by the Division on a temporary basis to an
applicant for initial licensure, renewal or reinstatement of licensure, or
relicensure in accordance with Section
58-1-303.
(31) "Unprofessional conduct" as defined in
Title 58, Occupations and Professions is further defined, in accordance with
Subsection
58-1-203(1)(e),
in Section R156-1-501.
(32) A "warning or final disposition letter
that does not constitute disciplinary action" as used in Subsection
58-1-108(3) means
a letter that does not contain findings of fact or conclusions of law and does
not constitute a reprimand, but that may address one or more of the following:
(a) Division concerns;
(b) allegations upon which those concerns are
based;
(c) potential for
administrative or judicial action; or
(d) disposition of Division
concerns.
