Utah Code 58-67-502. Unprofessional conduct
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(1) “Unprofessional conduct” includes, in addition to the definition in Section 58-1-501 :
Terms Used In Utah Code 58-67-502
- Board: means the Physicians Licensing Board created in Section
58-67-201 . See Utah Code 58-67-102 - 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
- Physician: means both physicians and surgeons licensed under Section
58-67-301 , Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section58-68-301 , Utah Osteopathic Medical Practice Act. See Utah Code 58-67-102 - Primary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:(22)(a)(i) for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty;(22)(a)(ii) for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or(22)(a)(iii) any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. See Utah Code 58-67-102
- Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(23)(a)(i) for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or(23)(a)(ii) for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. See Utah Code 58-67-102- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. 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
- Unprofessional conduct: means the same as that term is defined in Sections
58-1-501 and58-67-502 , and as may be further defined by division rule. See Utah Code 58-67-102(1)(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;(1)(b) making a material misrepresentation regarding the qualifications for licensure under Section58-67-302.7 or58-67-302.8 ;(1)(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;(1)(d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;(1)(e) performing or inducing an abortion in violation of the requirements of Section76-7-302 or Section76-7a-201 , regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;(1)(f) falsely making an entry in, or altering, a medical record with the intent to conceal:(1)(f)(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(1)(f)(ii) conduct described in Subsections (1)(a) through (e) or Subsection58-1-501 (1);(1)(g) performing, or causing to be performed, upon an individual who is less than 18 years old:(1)(g)(i) a primary sex characteristic surgical procedure; or(1)(g)(ii) a secondary sex characteristic surgical procedure; or(1)(h) designating a child as do not resuscitate without parental consent.(2) “Unprofessional conduct” does not include:(2)(a) in compliance with Section58-85-103 :(2)(a)(i) obtaining an investigational drug or investigational device;(2)(a)(ii) administering the investigational drug to an eligible patient; or(2)(a)(iii) treating an eligible patient with the investigational drug or investigational device; or(2)(b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis:(2)(b)(i) when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section26B-4-201 , recommending the use of medical cannabis; or(2)(b)(ii) when registered as a pharmacy medical provider, as that term is defined in Section26B-4-201 , providing pharmacy medical provider services in a medical cannabis pharmacy.(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). - Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change: