Utah Code 58-4a-106. Effect on other disciplinary proceedings
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(1) Findings of fact stipulated to in a program contract are binding admissions on the licensee in any proceeding to terminate the program contract or any other division disciplinary administrative proceeding.
Terms Used In Utah Code 58-4a-106
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- Licensee: means an individual licensed to practice:
(2)(a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;(2)(b) under Title 58, Chapter 17b, Pharmacy Practice Act;(2)(c) under Title 58, Chapter 28, Veterinary Practice Act;(2)(d) under Title 58, Chapter 31b, Nurse Practice Act;(2)(e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act;(2)(f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;(2)(g) under Title 58, Chapter 67, Utah Medical Practice Act;(2)(h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(2)(i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or(2)(j) under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102- Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
- Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
(2) If the program contract is entered into after an adjudicative proceeding has commenced, the adjudicative proceeding shall be stayed pending successful completion of the program contract.(3) Acceptance of a licensee into the program does not preclude the division from investigating or taking disciplinary action against the licensee for other misconduct that:(3)(a) is not included in the program contract; or(3)(b) was committed at any time before or after the licensee entered into the program contract.(4) The period described in Subsection 58-1-401(6) is tolled during any period during which a licensee applies to participate in the program or is operating under a program contract.(5) In any proceedings to determine disciplinary sanctions under Title 58, Chapter 1, Part 4, License Denial, the division may consider:(5)(a) successful completion of the program;(5)(b) failure to complete the program; or(5)(c) the contents of the program contract.(6) A licensee terminated from the program may have disciplinary action taken against the licensee for misconduct committed before, during, or after the licensee’s participation in the program.