Unprofessional conduct.

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  • (1) As used in this chapter, "unprofessional conduct" includes:
    • (a) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession for which the individual is licensed, or the laws of the state;
    • (b) failure to confine practice conduct to those acts or practices:
      • (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and
      • (ii) which are within applicable scope of practice laws of this chapter;
    • (c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; and
    • (d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164.
  • (2) "Unprofessional conduct" under this chapter may be further defined by division rule.
  • (3) Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).




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