Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-1 - General Rule of the Division of Professional Licensing
Section R156-1-501 - Unprofessional Conduct

Universal Citation: UT Admin Code R 156-1-501

Current through Bulletin 2024-18, September 15, 2024

"Unprofessional conduct" includes:

(1) surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any regulated profession while an investigation or inquiry into allegations of unprofessional conduct or unlawful conduct is in progress, or after a charging document has been filed against the applicant or licensee alleging unprofessional conduct or unlawful conduct;

(2) practicing a regulated profession in, through, or with a business structure or name that:

(a) has not been properly registered with the Division of Corporations and Commercial Code; or

(b) has not been properly licensed with the Division;

(3) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in any profession, if the conduct:

(a) when considered with the functions and duties of the profession for which the license was issued or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely to competently practice the profession; or

(b) would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401;

(4) prohibiting or inhibiting the ability of a licensee's customer, patient, or other consumer of the licensee's goods or services from making a complaint to a licensing or regulatory authority, including through the use of a contract provision;

(5) engaging in cheating or otherwise violating Section R156-1-309 regarding Division exams;

(6) failing, as a prescribing practitioner, to follow the Guidelines for the Chronic Use of Opioid Analgesics, adopted as policy April 2017 by the Federation of State Medical Boards, which is incorporated by reference;

(7) violating a term, condition, or requirement in a Utah Professionals Health Program diversion agreement as defined in Subsection 58-4a-102(1), or program contract as defined in Subsection 58-4a-102(4);

(8) failing, as a health care provider, to follow the health care claims practices of Section 31A-26-313, in violation of Subsection 58-1-508(2); or

(9) as an exam candidate or as an exam proctor, grader, or administrator, failing to comply with the Division of Professional Licensing Exam Policies and Procedures, dated December 29, 2023, which is incorporated by reference.

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