Utah Admin. Code R156-67-502 - Unprofessional Conduct

Under Subsection 58-1-203(1)(e), "unprofessional conduct" includes:

(1) prescribing for oneself any Schedule II or III controlled substance, but a licensee may use, possess, or self-administer a Schedule II or III controlled substance legally prescribed for the licensee by another licensed practitioner acting within scope of licensure if the licensee uses the controlled substance in accordance with the prescription order and for the use intended;

(2) knowingly prescribing, selling, giving, or administering, directly or indirectly, or offering to prescribe, sell, give, or administer, any scheduled controlled substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act to a drug dependent person as defined in Subsection 58-37-2(1)(s), except if:

(a) permitted by law; and

(b) prescribed, dispensed, or administered according to a proper medical diagnosis and for a condition indicating the use is appropriate;

(3) knowingly engaging in billing practices that are abusive and have charges that are grossly excessive for services provided;

(4) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally provided or supervised; however, nothing in this section shall preclude the legal relationships within lawful professional partnerships, corporations, or associations or the relationship between an approved supervising physician and physician assistants or advanced practice nurses supervised by them;

(5) knowingly failing to transfer a copy of pertinent and necessary medical records or a summary of those records to another physician when requested by the subject patient or by the patient's legal representative;

(6) failing to furnish to the board upon request information known by a licensee with respect to the quality and adequacy of medical care provided to a patient by a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;

(7) failing as an operating surgeon to:

(a) perform adequate pre-operative or primary postoperative care of the surgical condition for a patient in accordance with the standards and ethics of the profession; or

(b) arrange for competent primary post-operative care of the surgical condition by a licensed physician and surgeon who is equally qualified to provide that care;

(8) billing a global fee for a procedure without providing the requisite care;

(9) supervising the providing of breast screening by diagnostic mammography services or interpreting the results of breast screening by diagnostic mammography to or for the benefit of any patient without having current certification or current eligibility for certification by the American Board of Radiology, except that a licensed physician and surgeon may review the results of any breast screening by diagnostic mammography procedure upon a patient to consider those results in determining appropriate care and treatment of that patient if the results are interpreted by a physician and surgeon qualified under this subsection and a timely written report is prepared by the interpreting physician and surgeon in accordance with the standards and ethics of the profession;

(10) as a licensee under Title 58, Chapter 67, Utah Medical Practice Act, failing without just cause to:

(a) repay as agreed any loan or other repayment obligation legally incurred by the licensee to fund the licensee's education or training as a medical doctor; or

(b) comply with any written agreement in which the licensee's education or training as a medical doctor is funded in consideration for the licensee's agreement to practice in a certain locality or type of locality or to comply with other conditions of practice following licensure;

(11) violating Section 58-17b-620;

(12) violating Section 58-1-301.7 by failing to keep the Division informed of a current mailing address or email address;

(13) engaging in alternate medical practice, except as provided in Section R156-67-603;

(14) violating the American Medical Association (AMA) Code of Medical Ethics, 2017 edition, which is incorporated by reference;

(15) failing to timely submit an annual written report to the Division indicating that the physician has reviewed at least annually the dispensing practices of those authorized by the physician to dispense an opiate antagonist, under Section R156-67-604; and

(16) failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription, under Section 58-37-19; or

(17) violating Section R156-67-510.

Notes

Utah Admin. Code R156-67-502

Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016 Amended by Utah State Bulletin Number 2020-02, effective 12/23/2019 Amended by Utah State Bulletin Number 2023-03, effective 1/12/2023