58-71-601 - Mentally incompetent or incapacitated naturopathic physician.
58-71-601. Mentally incompetent or incapacitated naturopathic 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 naturopathic physician is anincapacitated person or that the physician is mentally ill and unable to safely engage in thepractice of medicine, the director shall immediately suspend the license of the naturopathicphysician upon the entry of the judgment of the court, without further proceedings under Title63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court'sruling is pending. The director shall promptly notify the naturopathic physician, in writing, ofthe suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe anaturopathic physician, who is not determined judicially to be an incapacitated person or to bementally ill, is incapable of practicing medicine with reasonable skill regarding the safety ofpatients, because of illness, excessive use of drugs or alcohol, or as a result of any mental orphysical condition, the board shall recommend that the director file a petition with the division,and cause the petition to be served upon the naturopathic physician with a notice of hearing onthe sole issue of the capacity of the naturopathic physician to competently and safely engage inthe 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 naturopathic physician who accepts the privilege of being licensed underthis chapter gives 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 naturopathic physician is mentally ill or incapacitated or otherwise unable topractice medicine with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to thenaturopathic physician's patients or the general public.
(c) (i) Failure of a naturopathic physician to submit to the examination ordered under thissection is a ground for the division's immediate suspension of the naturopathic physician's licenseby written order of the director.
(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 thenaturopathic physician and was not related directly to the illness or incapacity of the naturopathicphysician.
(5) (a) A naturopathic physician whose license is suspended under Subsection (2) or (3)has the right to 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 with
Sections 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 naturopathicphysician's patients or the general public.
(6) A naturopathic physician whose license is revoked, suspended, or in any wayrestricted under this section may request the division and the board to consider, at reasonableintervals, evidence presented by the naturopathic physician, under procedures established bydivision rule, regarding any change in the naturopathic physician's condition, to determinewhether:
(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