Utah Code 58-69-502. 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 58-69-502
- Division: means the Division of Professional Licensing created in Section
58-1-103 . 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
- Practice of dentistry: means the following, regarding humans:
(8)(a) to offer, undertake, or represent that a person will undertake by any means or method, including teledentistry, to:(8)(a)(i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region;(8)(a)(ii) take an appropriate history and physical consistent with the level of professional service to be provided and the available resources in the facility in which the service is to be provided;(8)(a)(iii) take impressions or registrations;(8)(a)(iv) supply artificial teeth as substitutes for natural teeth;(8)(a)(v) remove deposits, accumulations, calculus, and concretions from the surfaces of teeth; and(8)(a)(vi) correct or attempt to correct malposition of teeth;(8)(b) to administer anesthetics necessary or proper in the practice of dentistry only as allowed by an anesthesia permit obtained from the division;(8)(c) to administer and prescribe drugs related to and appropriate in the practice of dentistry;(8)(d) to supervise the practice of a dental hygienist or dental assistant as established by division rule made in collaboration with the board; or(8)(e) to represent oneself by any title, degree, or in any other way that one is a dentist. See Utah Code 58-69-102- Property: includes both real and personal property. 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
(1)(a) sharing professional fees with an unlicensed person or paying any person for sending or referring a patient;(1)(b) making an unsubstantiated claim of superiority in training or skill as a dentist or dental hygienist or in the performance of professional services;(1)(c) refusing authorized agents of the division or state or local health authorities access to the facilities related to the practice of dentistry or dental hygiene during normal business hours for the purpose of inspection;(1)(d) failing to maintain facilities, instruments, equipment, supplies, appliances, or other property or conditions related to the practice of dentistry in a sanitary condition consistent with the standards and ethics of the professions of dentistry or dental hygiene; or(1)(e) falsely making an entry in, or altering, a medical record with the intent to conceal:(1)(e)(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)(e)(ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).(2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority:(2)(a) includes for the practice of dentistry:(2)(a)(i) advertising or otherwise holding oneself out to the public as practicing a dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and(2)(a)(ii) using the following words in advertising “Endodontist,” “Orthodontist,” “Oral and Maxillofacial Surgeon,” “Specialist,” “Board Certified,” “Diplomat,” “Practice Limited to,” “Pediatric Dentist,” “Periodontist,” or “Limited to Specialty of” when the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and(2)(b) does not include a dentist who advertises as being qualified in a recognized specialty area of dental practice so long as each such advertisement, regardless of form, contains a prominent disclaimer that the dentist is licensed as a general dentist or that the specialty services will be provided by a general dentist. - Practice of dentistry: means the following, regarding humans: