Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-4a - Utah Professionals Health Program Rule
Section R156-4a-103a - UPHP Eligibility and Entry
Universal Citation: UT Admin Code R 156-4a-103a
Current through Bulletin 2024-24, December 15, 2024
(1) Under Subsection 58-4a-103(2)(a) and Section 58-4a-105, each licensee applying to participate in the UPHP shall complete the following steps in accordance with UPHP eligibility process policies and procedures, including time deadlines:
(a) complete an intake session;
(b) complete a comprehensive clinical
evaluation;
(c) comply with
toxicology testing as requested by the UPHP;
(d) submit documentation satisfactory to the
UPHP that the licensee meets UPHP eligibility criteria;
(e) comply with additional eligibility
process requirements as determined by the UPHP, including for example one or
more of the following:
(i) practice
accommodations or limitations;
(ii) increased frequency of toxicology
testing; or
(iii) restrictions on
access to mind or mood altering substances and use of medication treatment;
and
(f) execute a program
contract.
(2) A licensee may not participate in the UPHP if:
(a) the
licensee has harmed a patient by providing care below the expected standard of
care that resulted in an adverse consequence for the patient;
(b) the licensee has engaged in unlawful
conduct or unprofessional conduct as defined by statute or rule under Title 58,
Occupations and Professions, with respect to:
(i) a criminal sexual act; or
(ii) a boundary violation that the licensee's
comprehensive clinical evaluation determines is unrelated to the licensee's
substance use disorder;
(c) the licensee has a currently active or
pending criminal action, adjudicative proceeding, or charge alleging:
(i) a criminal sexual act; or
(ii) a boundary violation that the licensee's
comprehensive clinical evaluation determines is unrelated to the licensee's
substance use disorder;
(d) the licensee's license to practice in
another jurisdiction was surrendered while under investigation, or is currently
publicly conditioned, curtailed, limited, restricted, suspended, on probation,
or otherwise subject to public discipline; or
(e) the UPHP otherwise determines that the
licensee is not a good candidate for participation in UPHP.
(3) Intake session procedures shall include the following:
(a) the UPHP
shall:
(i) provide UPHP information to the
licensee, to include UPHP confidentiality and its limits and the types of
information the UPHP is mandated to and will report to a regulatory authority
including the Division;
(ii) gather
information about the circumstances that led the licensee to contact the
UPHP;
(iii) gather clinical
information regarding the licensee's potential substance use disorder, to
include a preliminary diagnosis and need for immediate treatment;
(iv) determine if the licensee may be
eligible for participation in the UPHP, and if the UPHP may be mandated to
report licensee information to a regulatory authority, and discuss this
information with the licensee; and
(v) if the UPHP determines that the licensee
may be eligible for participation in the UPHP, the UPHP shall provide the
licensee with a list of UPHP approved evaluators.
(b) the licensee shall complete an initial
Release of Information that includes evaluators and additional sources as
determined by the UPHP.
(4) The licensee's comprehensive clinical evaluation shall be completed by:
(a) a
multidisciplinary team at an evaluation center that has established expertise
in the assessment of healthcare providers or other safety-sensitive professions
with substance use disorders; or
(b) a qualified specialist approved by
UPHP.
(5)
(a) The licensee shall obtain the required
comprehensive clinical evaluation within 30 days after the day of the
licensee's intake session.
(b) The
UPHP may grant an extension of time to a licensee to obtain the comprehensive
clinical evaluation if:
(i) there is a lack of
available evaluators or a waiting list to access an evaluation;
(ii) the licensee needs further evaluation;
or
(iii) upon reasonable cause as
determined by the UPHP.
(6)
(a) An
evaluator shall provide the licensee's comprehensive clinical evaluation report
to the UPHP.
(b) An evaluator may
not recommend a specific treatment provider for a licensee.
(7) The UPHP shall make the final determination of a licensee's eligibility to participate in the UPHP based upon the UPHP's review of:
(a) the licensee's
comprehensive clinical evaluation report, treatment records, and other
applicable medical records;
(b) the
licensee's documentation that the licensee meets the UPHP eligibility criteria;
and
(c) other information
determined relevant by the UPHP to the licensee's participation.
(8)
(a) After the UPHP determines a licensee is
eligible to participate in the UPHP, the UPHP shall develop the terms and
conditions of the licensee's program contract and offer the program contract to
the licensee.
(b)
(i) A licensee shall meet with the UPHP to
review and execute the program contract within 30 days after the day the UPHP
offers the program contract to the licensee.
(ii) The UPHP may grant an extension of time
to a licensee to execute the program contract upon reasonable cause as
determined by the UPHP.
(9)
(a) The
following do not constitute disciplinary action by the Division, and the
Division may not report them to a disciplinary database:
(i) a licensee's execution of a program
contract; or
(ii) a licensee's
agreement with the UPHP to comply with practice accommodations or limitations
under Subsection R156-4a-103a(1).
(b) Notwithstanding Subsection (9)(a), to the
extent required by statute or rule pertaining to a compact in which Utah is a
member, the UPHP may report non-confidential data to a compact
database.
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