Unprofessional conduct.

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  • (1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
    • (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, state law, or division rule;
    • (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
    • (c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5;
    • (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
    • (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
      • (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
      • (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
  • (2) "Unprofessional conduct" does not include:
    • (a) in compliance with Section 58-85-103:
      • (i) obtaining an investigational drug or investigational device;
      • (ii) administering the investigational drug to an eligible patient; or
      • (iii) treating an eligible patient with the investigational drug or investigational device; or
    • (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
      • (i) when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26-61a-102, recommending the use of medical cannabis;
      • (ii) when registered as a pharmacy medical provider, as that term is defined in Section 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
      • (iii) when registered as a state central patient portal medical provider, as that term is defined in Section 26-61a-102, providing state central patient portal medical provider services.
  • (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).




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