Utah Code 58-68-601. Mentally incompetent or incapacitated osteopathic physician
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(1) As used in this section:
Terms Used In Utah Code 58-68-601
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201. See Utah Code 58-68-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “Incapacitated person” means a person who is incapacitated, as defined in Section 75-1-201.(1)(b) “Licensee” means an individual licensed under this chapter.(1)(c) “Mental illness” means the same as that term is defined in Section 26B-5-301.(2) If a court of competent jurisdiction determines a licensee is an incapacitated person or that the licensee has a mental illness and is unable to safely engage in the practice of medicine, the director shall immediately suspend the license of the licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court’s ruling is pending. The director shall promptly notify the licensee, in writing, of the suspension.(3)(3)(a) If the division and a majority of the board find reasonable cause to believe a licensee, who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing osteopathic medicine with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the licensee with a notice of hearing on the sole issue of the capacity of the licensee to competently and safely engage in the practice of medicine.(3)(b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4, Administrative Procedures Act, except as provided in Subsection (4).(4)(4)(a) Every individual who accepts the privilege of being licensed under this chapter gives consent to:(4)(a)(i) submitting at the licensee’s own expense to an immediate mental or physical examination when directed in writing by the division and a majority of the board to do so; and(4)(a)(ii) the admissibility of the reports of the examining physician‘s testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.(4)(b) The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe:(4)(b)(i) the licensee has a mental illness, is incapacitated, or otherwise unable to practice medicine with reasonable skill and safety; and(4)(b)(ii) immediate action by the division and the board is necessary to prevent harm to the licensee’s patients or the general public.(4)(c)(4)(c)(i) Failure of a licensee to submit to the examination ordered under this section is a ground for the division’s immediate suspension of the licensee’s license by written order of the director.(4)(c)(ii) The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the licensee and was not related directly to the illness or incapacity of the licensee.(5)(5)(a) A licensee whose license is suspended under Subsection (2) or (3) has the right to a hearing to appeal the suspension within 10 days after the license is suspended.(6) A licensee whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the licensee, under procedures established by division rule, regarding any change in the licensee’s condition, to determine whether:(6)(a) the licensee is or is not able to safely and competently engage in the practice of medicine; and(6)(b) the licensee is qualified to have the licensee’s license to practice under this chapter restored completely or in part.