(1) “Unprofessional conduct” includes, in addition to the definition in Section 58-1-501:

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Terms Used In Utah Code 58-68-502

  • Board: means the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201. See Utah Code 58-68-102
  • 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 Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-68-102
  • 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 58-68-102
  • 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 58-68-102
  • 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 and 58-68-502 and as may be further defined by division rule. See Utah Code 58-68-102
     (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) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
     (1)(c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5;
     (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 Section 76-7-302 or Section 76-7a-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 Subsection 58-1-501(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 Section 58-85-103:

          (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 Section 26B-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 Section 26B-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).

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