Utah Code 58-16a-502. Unprofessional conduct
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“Unprofessional conduct” includes, in addition to the definition in Section 58-1-501:
(1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with:
Terms Used In Utah Code 58-16a-502
- Contact lens: means any lens that:(2)(a) has a spherical, cylindrical, or prismatic power or curvature;(2)(b) is made pursuant to a current prescription; and(2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
- Optometric assistant: means an unlicensed individual:
(9)(a) working under the direct and immediate supervision of a licensed optometrist; and(9)(b) engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-102- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the generally recognized practices and standards of ethics of the profession; or(1)(b) applicable state law or division rule;(2) failure to refer a patient to an appropriate licensed practitioner when:(2)(a) the patient’s condition does not respond to treatment; or(2)(b) the treatment is not within the scope of competence or licensure of the licensee;(3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information;(4) knowingly prescribing, selling, giving away, or administering any prescription drug unless:(4)(a) for a legitimate medical purpose;(4)(b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and(4)(c) in compliance with Section 58-17b-309;(5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association;(6) failure to transfer pertinent and necessary information from a patient’s medical records to another optometrist or physician when so requested by the patient or his representative, as designated in writing;(7) failure to provide a contact lens prescription to a person who sells contact lenses in accordance with Section 58-16a-306; or(8) falsely making an entry in, or altering, a medical record with the intent to conceal:(8)(a) 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(8)(b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).