Utah Administrative Code
Topic - Commerce
Title R156 - Professional Licensing
Rule R156-4a - Utah Professionals Health Program Rule
Section R156-4a-103b - Participation - UPHP Components and UPHP Participation Standards

Universal Citation: UT Admin Code R 156-4a-103b

Current through Bulletin 2024-18, September 15, 2024

(1) Under Section 58-4a-103, participation in the UPHP shall include the following components, as determined by the UPHP:

(a) an executed program contract or diversion agreement;

(b) a comprehensive clinical evaluation;

(c) participation and attendance in treatment and continuing care with the treatment providers approved by the UPHP;

(d) compliance monitoring;

(e) interstate monitoring;

(f) participant contact, including at least quarterly reports by a worksite practice liaison;

(g) monthly or quarterly reports, including at least quarterly reports by a therapist;

(h) medication logs;

(i) support group attendance;

(j) toxicology testing; and

(k) other components as determined by the UPHP.

(2)

(a) Monitoring of a participant pursuant to the terms and conditions of the program contract shall begin upon the participant's execution of the program contract.

(b) If the program contract requires residential or inpatient treatment instead of outpatient treatment, monitoring under the program contract may commence after the participant completes the residential or inpatient treatment.

(3) The following are established as the UPHP participation standards:

(a) A participant shall abstain from the use of mind or mood altering substances, including alcohol, medical cannabis, substances containing THC, inhalants, and illegal, non-prescribed, and certain identified psychotropic over-the-counter medications.

(b) A participant shall abstain from the use of mind or mood altering, addictive, or potentially addictive prescription medications, including amphetamine preparations, opioids, sedatives, and benzodiazepines, except in an emergency such as hospitalization due to emergency surgery, illness, or accident.

(c) A participant shall follow the UPHP Medication Policy, which shall include the following participant requirements:
(i) provide UPHP with copies of prescriptions, including controlled substances, received by the participant during the term of the program contract;

(ii) receive medications for a participant's own use only from treatment providers:
(A) with whom the participant has a legitimate patient relationship; and

(B) who have signed an Acknowledgment of Participation from UPHP regarding the participant's terms and conditions for participating in UPHP;

(iii) provide UPHP information, or request information for UPHP, regarding medications prescribed to the participant;

(iv) if a participant has a medical condition requiring potentially addictive substance use, or is prescribed a controlled medication for any reason, comply with UPHP required practice accommodations or limitations; and

(v) pursue effective alternatives or require a second opinion prior to using any controlled or mind or mood altering substances in a non-emergency situation.

(d) If a participant is at risk of impairment for any reason, the participant shall comply with UPHP required practice accommodations or limitations and not return to work until approved by the UPHP.

(e) A participant may not prescribe scheduled drugs for family members or for others who are not the participant's legitimate patients within the scope of the participant's practice, in accordance with applicable law, rule, or regulation.

(f) A participant shall prescribe only within the scope of the participant's medical specialty, in accordance with applicable law, rule, or regulation.

(g) A participant shall provide current authorizations for the UPHP as determined necessary by the UPHP, including authorization to:
(i) communicate with the participant's care providers and treatment providers as needed to verify medical issues;

(ii) communicate with the participant's worksite practice liaison;

(iii) communicate with third parties such as emergency contacts and treatment providers as determined necessary by the UPHP;

(iv) obtain information on medications prescribed to the participant; and

(v) release information about the participant's participation to the Division if required by the program contract or Utah law.

(h) A participant shall identify a primary care provider to manage the participant's medical care and to comply with the participant's treatment plan, including complying with the treatment provider recommendations and not self-prescribing or independently discontinuing any medications.

(i) A participant shall follow the initial treatment, medication management, and continuing care recommendations with providers approved by the UPHP until treatment objectives are met as determined by the treatment provider, and treatment is discontinued with the UPHP's approval.

(j) A participant shall attend a minimum number of mutual help group meetings or an alternative approved by the UPHP, documented in a manner acceptable to the UPHP.

(k) A participant may not change or discontinue therapy or treatment without approval of the participant's therapist and UPHP.

(l) A participant shall identify and cooperate with a worksite practice liaison.

(m) A participant shall comply with practice accommodations or limitations as required by:
(i) the participant's program contract;

(ii) UPHP policies and procedures; and

(iii) statutes and rules pertaining to a compact in which Utah is a member.

(n) A participant shall submit to biological specimen testing if requested by the UPHP.

(o) A participant shall participate in the UPHP in good faith, and cooperate with UPHP staff.

(p) A participant shall comply with each UPHP policy, including:
(i) the UPHP Return to Use Behavior Policy; and

(ii) the UPHP Medication Policy.

(q) A participant shall notify the UPHP within 24 hours if the participant:
(i) has a medical or mental health hospitalization;

(ii) has an arrest, investigation, charge, or complaint, including a Division or other regulatory agency complaint;

(iii) receives a disciplinary notice from a regulatory agency, hospital, employer, or other third party;

(iv) has any adverse events affecting patient care including malpractice claims; or

(v) returns to use of any substances not approved by UPHP, including in cases of emergency use due to illness or accident.

(r) A participant shall notify the UPHP at least 24 hours:
(i) prior to the participant's anticipated use of any controlled or mind or mood altering prescriptions or substances; and

(ii) prior to the participant's:
(A) travel outside UPHP's jurisdiction;

(B) change of address or phone number;

(C) change of employment;

(D) engaging in practice in another jurisdiction, state, or territory;

(E) applying for a license to practice in another jurisdiction, state, or territory; or

(F) applying to participate in another alternative to public discipline program.

(s) A participant shall maintain their Utah license in active status while participating in UPHP.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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