(1) There is created the Podiatric Physician Board consisting of four podiatric physicians and one member of the general public.

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Terms Used In Utah Code 58-5a-201

  • 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
  • Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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.
  • Unprofessional conduct: includes , for an individual licensed under this chapter:
              (7)(a)(i) the conduct that constitutes unprofessional conduct under Section 58-1-501;
              (7)(a)(ii) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
              (7)(a)(iii) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
              (7)(a)(iv) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
              (7)(a)(v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
              (7)(a)(vi) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
              (7)(a)(vii) gross incompetency in the practice of podiatry;
              (7)(a)(viii) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
              (7)(a)(ix) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
              (7)(a)(x) willfully using false or fraudulent advertising;
              (7)(a)(xi) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
              (7)(a)(xii) falsely making an entry in, or altering, a medical record with the intent to conceal:
                   (7)(a)(xii)(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
                   (7)(a)(xii)(B) conduct described in Subsections (7)(a)(i) through (xi) or Subsection 58-1-501(1); or
              (7)(a)(xiii) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. See Utah Code 58-5a-102
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203.
(4) In addition, the board shall designate one of its members on a permanent or rotating basis to:

     (4)(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
     (4)(b) advise the division in its investigation of these complaints.
(5) A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.