58-67-601 - Mentally incompetent or incapacitated physician.
58-67-601. Mentally incompetent or incapacitated physician.
(1) As used in this section:
(a) "Incapacitated person" has the same definition as in Section 75-1-201.
(b) "Mentally ill" has the same definition as in Section 62A-15-602.
(2) If a court of competent jurisdiction determines a physician is an incapacitated personor that the physician is mentally ill and unable to safely engage in the practice of medicine, thedirector shall immediately suspend the license of the physician upon the entry of the judgment ofthe court, without further proceedings under Title 63G, Chapter 4, Administrative ProceduresAct, regardless of whether an appeal from the court's ruling is pending. The director shallpromptly notify the physician, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe aphysician, who is not determined judicially to be an incapacitated person or to be mentally ill, isincapable of practicing medicine with reasonable skill regarding the safety of patients, because ofillness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, theboard shall recommend that the director file a petition with the division, and cause the petition tobe served upon the physician with a notice of hearing on the sole issue of the capacity of thephysician to competently and safely engage in the practice of medicine.
(b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4,Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every physician who accepts the privilege of being licensed under this chaptergives consent to:
(i) submitting at the physician's own expense to an immediate mental or physicalexamination when directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining physician's testimony orexamination, and waives all objections on the ground the reports constitute a privilegedcommunication.
(b) The examination may be ordered by the division, with the consent of a majority of theboard, only upon a finding of reasonable cause to believe:
(i) the physician is mentally ill or incapacitated or otherwise unable to practice medicinewith reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to thephysician's patients or the general public.
(c) (i) Failure of a physician to submit to the examination ordered under this section is aground for the division's immediate suspension of the physician's license by written order of thedirector.
(ii) The division may enter the order of suspension without further compliance with Title63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit tothe examination ordered under this section was due to circumstances beyond the control of thephysician and was not related directly to the illness or incapacity of the physician.
(5) (a) A physician whose license is suspended under Subsection (2) or (3) has the rightto a hearing to appeal the suspension within 10 days after the license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance withSections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists forthe continuance of the order of suspension in order to prevent harm to the physician's patients orthe general public.
(6) A physician whose license is revoked, suspended, or in any way restricted under thissection may request the division and the board to consider, at reasonable intervals, evidencepresented by the physician, under procedures established by division rule, regarding any changein the physician's condition, to determine whether:
(a) the physician is or is not able to safely and competently engage in the practice ofmedicine; and
(b) the physician is qualified to have the physician's license to practice under this chapterrestored completely or in part.
Amended by Chapter 382, 2008 General Session