(1) “Unprofessional conduct” includes:

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Terms Used In Utah Code 58-70a-503

  • Board: means the Physician Assistant Licensing Board created in Section 58-70a-201. See Utah Code 58-70a-102
  • 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
  • Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-70a-102
  • Physician assistant: means an individual who is licensed to practice under this chapter. See Utah Code 58-70a-102
  • Unprofessional conduct: means "unprofessional conduct":
         (10)(a) as defined in Sections 58-1-501 and 58-70a-503; and
         (10)(b) as further defined by the division by rule. See Utah Code 58-70a-102
     (1)(a) violation of a patient confidence to any person who does not have a legal right and a professional need to know the information concerning the patient;
     (1)(b) knowingly prescribing, selling, giving away, or directly or indirectly administering, or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts prescribed or provided;
     (1)(c) prescribing prescription drugs for oneself or administering prescription drugs to oneself, except those that have been legally prescribed for the physician assistant by a licensed practitioner and that are used in accordance with the prescription order for the condition diagnosed;
     (1)(d) in a practice that has physician assistant ownership interests, failure to allow a physician the independent final decision making authority on treatment decisions for the physician’s patient;
     (1)(e) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
     (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) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
     (1)(h) designating a child as do not resuscitate without parental consent.
(2)

     (2)(a) “Unprofessional conduct” does not include, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, 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.
     (2)(b) Notwithstanding Subsection (2)(a), 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 assistant described in Subsection (2)(a).