Utah Code 58-71-801. Disclosure of financial interest by licensee — Kick-back prohibition
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(1) Except as provided in Subsection (2), a naturopathic physician may not refer an individual to any of the following entities where the naturopathic physician or a member of the naturopathic physician’s immediate family has an ownership interest:
Terms Used In Utah Code 58-71-801
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Naturopathic physician: means an individual licensed under this chapter to engage in the practice of naturopathic medicine. See Utah Code 58-71-102
- 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
- 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) a pharmacy as defined in Section 58-17b-102 or pharmaceutical facility as defined in Section 58-17b-102; or(1)(b) a retail store, wholesaler, distributor, manufacturer, or facility of any other kind located in this state that is engaged in the sale, dispensing, delivery, distribution, or manufacture of homeopathic remedies, dietary supplements, or natural medicines.
(2)
(2)(a) A naturopathic physician may refer an individual to an entity described in Subsection (1)(a) or (b) if:
(2)(a)(i) the entity’s stock is publicly traded and the naturopathic physician owns less than 5% of the entity’s outstanding stock; or
(2)(a)(ii) at the time of the referral, the naturopathic physician discloses in writing that the naturopathic physician or a member of the naturopathic physician’s immediate family has an ownership interest in the entity.
(2)(b) A disclosure described in Subsection (2)(a)(ii) shall include a statement informing the patient that the patient may choose to obtain a good or service from another entity.
(2)(c) A naturopathic physician shall comply with any applicable federal laws regarding patient referrals and kick-backs that apply to a physician.
(3) A naturopathic physician may sell from the naturopathic physician’s office homeopathic remedies or dietary supplements as defined in the Federal Food Drug and Cosmetic Act consistent with division rule.