58-73-401 - Grounds for denial of license -- Disciplinary proceedings -- Limitation on division actions.
58-73-401. Grounds for denial of license -- Disciplinary proceedings -- Limitationon division actions.
(1) Grounds for the following are in accordance with Section 58-1-401:
(a) refusing to issue a license to an applicant;
(b) refusing to renew the license of a licensee;
(c) revoking, suspending, restricting, or placing on probation the license of a licensee;
(d) issuing a public or private reprimand to a licensee; and
(e) issuing a cease and desist order.
(2) If a court of competent jurisdiction determines a chiropractic physician isincompetent, mentally incompetent, incapable, or mentally ill, the director shall suspend thelicense of that chiropractic physician, even if an appeal is pending.
(3) (a) If it appears to the board there is reasonable cause to believe a chiropracticphysician who has not been judicially determined to be incompetent, mentally incompetent,incapable, or mentally ill is unable to practice chiropractic with reasonable skill and safety topatients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or anyother substance, or as a result of any mental or physical condition, a petition shall be served uponthat chiropractic physician for a hearing on the sole issue of the capacity of the chiropracticphysician to conduct properly the practice of the chiropractic physician.
(b) Every chiropractic physician licensed by this state is considered to have:
(i) agreed to submit to a mental or physical examination upon receipt of a writtendirection given by the division with the approval of the board; and
(ii) waived all objections to the admissibility of the examining chiropractic physician's orother practitioner's testimony or examination reports on the ground they constitute a privilegedcommunication.
(c) Failure of a chiropractic physician to submit to an examination under Subsection(3)(b) when directed by the division, unless the failure was due to circumstances beyond hiscontrol, constitutes grounds for immediate suspension of the chiropractic physician's license andan order of suspension of the license may be entered by the division without the taking oftestimony or the presentation of evidence.
(d) A chiropractic physician whose license is suspended under this section shall, atreasonable intervals, be afforded the opportunity to demonstrate he can resume the competentpractice of chiropractic with reasonable skill and safety to patients.
(e) Neither the proceedings of the board nor the action taken by it under this section maybe used against a chiropractic physician in any other proceedings.
(4) The terms of revocation, suspension, or probation under this chapter may include:
(a) revoking the license to practice either permanently or with a stated date before whichthe individual may not apply for licensure;
(b) suspending, limiting, or restricting the license to practice chiropractic for up to fiveyears, including limiting the practice of the person to, or excluding from the person's practice,one or more specific branches of medicine, including any limitation on practice within thespecified branches;
(c) requiring the license holder to submit to care, counseling, or treatment by physiciansapproved by or designated by the board, as a condition for licensure;
(d) requiring the license holder to participate in a program of education prescribed by theboard;
(e) requiring the license holder to practice under the direction of a physician designatedby the board for a specified period of time; or
(f) other appropriate terms and conditions determined by the division in collaborationwith the board to be necessary to protect the public health, safety, or welfare.
Amended by Chapter 324, 2010 General Session