§ 58-5a-401 Grounds for denial of license — Disciplinary proceedings

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Terms Used In Utah Code > Title 58 > Chapter 5a > Part 4 - Denial of Licensure

  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Unlawful conduct: includes :
         (6)(a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
         (6)(b) for an individual who is not licensed under this chapter:
              (6)(b)(i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
  • Unprofessional conduct: includes , for an individual licensed under this chapter:
              (7)(a)(i) the conduct that constitutes unprofessional conduct under Section 58-1-501;
              (7)(a)(ii) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
              (7)(a)(iii) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
              (7)(a)(iv) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
              (7)(a)(v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
              (7)(a)(vi) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
              (7)(a)(vii) gross incompetency in the practice of podiatry;
              (7)(a)(viii) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
              (7)(a)(ix) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
              (7)(a)(x) willfully using false or fraudulent advertising;
              (7)(a)(xi) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
              (7)(a)(xii) falsely making an entry in, or altering, a medical record with the intent to conceal:
                   (7)(a)(xii)(A) 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
                   (7)(a)(xii)(B) conduct described in Subsections (7)(a)(i) through (xi) or Subsection 58-1-501(1); or
              (7)(a)(xiii) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. See Utah Code 58-5a-102