58-1-501 - Unlawful and unprofessional conduct.
58-1-501. Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful underthis title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, orattempting to practice or engage in any occupation or profession requiring licensure under thistitle if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,or inactive license;
(b) impersonating another licensee or practicing an occupation or profession under afalse or assumed name, except as permitted by law;
(c) knowingly employing any other person to practice or engage in or attempt to practiceor engage in any occupation or profession licensed under this title if the employee is not licensedto do so under this title;
(d) knowingly permitting the person's authority to practice or engage in any occupationor profession licensed under this title to be used by another, except as permitted by law;
(e) obtaining a passing score on a licensure examination, applying for or obtaining alicense, or otherwise dealing with the division or a licensing board through the use of fraud,forgery, or intentional deception, misrepresentation, misstatement, or omission; or
(f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a drugor device to a person located in this state:
(A) without prescriptive authority conferred by a license issued under this title, or by anexemption to licensure under this title; or
(B) with prescriptive authority conferred by an exception issued under this title or amultistate practice privilege recognized under this title, if the prescription was issued withoutfirst obtaining information, in the usual course of professional practice, that is sufficient toestablish a diagnosis, to identify underlying conditions, and to identify contraindications to theproposed treatment; and
(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call orcross coverage situation, provided that the person who issues the prescription has prescriptiveauthority conferred by a license under this title, or is exempt from licensure under this title.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is definedas unprofessional conduct under this title or under any rule adopted under this title and includes:
(a) violating, or aiding or abetting any other person to violate, any statute, rule, or orderregulating an occupation or profession under this title;
(b) violating, or aiding or abetting any other person to violate, any generally acceptedprofessional or ethical standard applicable to an occupation or profession regulated under thistitle;
(c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea ofguilty or nolo contendere which is held in abeyance pending the successful completion ofprobation with respect to a crime of moral turpitude or any other crime that, when consideredwith the functions and duties of the occupation or profession for which the license was issued oris to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely orcompetently practice the occupation or profession;
(d) engaging in conduct that results in disciplinary action, including reprimand, censure,
diversion, probation, suspension, or revocation, by any other licensing or regulatory authorityhaving jurisdiction over the licensee or applicant in the same occupation or profession if theconduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedingsunder Section 58-1-401;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similarchemicals, to the extent that the conduct does, or might reasonably be considered to, impair theability of the licensee or applicant to safely engage in the occupation or profession;
(f) practicing or attempting to practice an occupation or profession regulated under thistitle despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation or profession regulated under thistitle through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(h) practicing or attempting to practice an occupation or profession requiring licensureunder this title by any form of action or communication which is false, misleading, deceptive, orfraudulent;
(i) practicing or attempting to practice an occupation or profession regulated under thistitle beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice an occupation or profession regulated under thistitle beyond the scope of the licensee's license;
(k) verbally, physically, mentally, or sexually abusing or exploiting any person throughconduct connected with the licensee's practice under this title or otherwise facilitated by thelicensee's license;
(l) acting as a supervisor without meeting the qualification requirements for that positionthat are defined by statute or rule;
(m) issuing, or aiding and abetting in the issuance of, an order or prescription for a drugor device:
(i) without first obtaining information in the usual course of professional practice, that issufficient to establish a diagnosis, to identify conditions, and to identify contraindications to theproposed treatment; or
(ii) with prescriptive authority conferred by an exception issued under this title, or amulti-state practice privilege recognized under this title, if the prescription was issued withoutfirst obtaining information, in the usual course of professional practice, that is sufficient toestablish a diagnosis, to identify underlying conditions, and to identify contraindications to theproposed treatment; or
(n) violating a provision of Section 58-1-501.5.
Amended by Chapter 180, 2010 General Session