Utah Code 58-4a-107. Violation of a program contract — Adjudicative proceedings — Penalties
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(1) The division may serve an order to show cause on the licensee if the licensee:
Terms Used In Utah Code 58-4a-107
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
- 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
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
(1)(a) violates any term or condition of the program contract or diversion agreement;(1)(b) makes an intentional, material misrepresentation of fact in the program contract or diversion agreement; or(1)(c) violates any rule or law governing the licensee’s profession.
(2) The order to show cause described in Subsection (1) shall:
(2)(a) describe the alleged misconduct;
(2)(b) set a time and place for a hearing to determine whether the licensee’s program contract should be terminated; and
(2)(c) contain all of the information required by a notice of agency action in Subsection 63G-4-201 (2).
(3) Proceedings to terminate a program contract shall comply with Title 63G, Chapter 4, Administrative Procedures Act, except the notice of agency action shall be in the form of the order to show cause described in Subsection (2).
(4) During a proceeding to terminate a program contract, the licensee, the licensee’s legal representative, and the division shall have access to information contained in the division’s program file as permitted by law.
(5) The director shall terminate the program contract and place the licensee on probation in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act if, during the administrative proceedings described in Subsection (3), the presiding officer finds that the licensee has:
(5)(a) violated the program contract;
(5)(b) made an intentional material misrepresentation of fact in the program contract; or
(5)(c) violated a law or rule governing the licensee’s profession.
(6) If, during the proceedings described in Subsection (3), the presiding officer finds that the licensee has engaged in especially egregious misconduct, the director may revoke the licensee’s license or take other appropriate disciplinary action.
(7) A licensee who is terminated from the program may have disciplinary action taken under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before, during, or after the licensee’s participation in the program.