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Utah Administrative Code (Current through November 1, 2019) |
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R156. Commerce, Occupational and Professional Licensing |
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R156-68. Utah Osteopathic Medical Practice Act Rule |
| R156-68-302a. Qualifications for Licensure - Application Requirements |
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In accordance with Subsections 58-68-301(1)(a)(i), submissions by the applicant of information maintained by practitioner data banks shall include the following: (1) American Osteopathic Association Profile or American Medical Association Profile; (2) Federation of State Medical Boards Disciplinary Inquiry form; (3) Federation Credentials Verification (FCVS) report; and (4) National Practitioner Data Bank Report of Action. |
| R156-68-302b. Qualifications for Licensure - Examination Requirements |
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(1) In accordance with Subsection 58-68-302(1)(g), the required licensing examination sequence is the following: (a) the NBOME parts I, II and III; (b) the NBOME parts I, II and the NBOME COMPLEX Level III; (c) the NBOME part I and the NBOME COMLEX Level II and III; (d) the NBOME COMLEX Level I, II and III; (e) the FLEX components I and II on which the applicant shall achieve a score of not less than 75 on each component; (f) the NBME examination parts I, II and III on which the applicant shall achieve a score of not less than 75 on each part; (g) the USMLE, steps 1, 2 and 3 on which the applicant shall achieve a score of not less than 75 on each step; (h) the LMCC examination, Parts 1 and 2; (i) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the NBME part III or the USMLE step 3; (j) the FLEX component 1 and the USMLE step 3; or (k) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the FLEX component 2. (l) A candidate who fails any combination of the USMLE, FLEX, NBME and NBOME three times shall provide a narrative regarding the failure and may be requested to meet with the Board and Division. (2) In accordance with Subsections 58-68-302(1)(g), (2)(c) and (3)(d), an applicant may be required to take the SPEX examination if the applicant: (a) has not practiced in the past five years; (b) has had disciplinary action within the past five years; or (c) has had a substance use disorder, physical or mental impairment within the past five years which may affect the applicant's ability to safely practice. (3) In accordance with Subsection (2) above, the passing score on the SPEX examination is 75. (4) In accordance with Subsection 58-68-302(2)(c), the medical specialty certification shall be current certification in an AOA, ABMS, or AAPS member specialty board. |
| R156-68-302c. Qualifications for Licensure - Requirements for Admission to the Examinations |
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(1) Admission to the NBOME examination shall be in accordance with policies and procedures of the NBOME. The division and the board have no responsibility for or ability to facilitate an individual's admission to the NBOME examination. (2) Admission to the USMLE steps 1 and 2 shall be in accordance with policies and procedures of the FSMB and the NBME. The division and the board have no responsibility for or ability to facilitate an individual's admission to steps 1 and 2 of the USMLE. (3) Requirements for admission to the USMLE step 3 are: (a) completion of the education requirements as set forth in Subsection 58-68-302(1)(d) and (e); (b) passing scores on USMLE steps 1 and 2, or the FLEX component I, or the NBME parts I and II; (c) have passed the first USMLE step taken, either 1 or 2, within seven years; and (d) have not failed a combination of USMLE step 3, FLEX component II and NBME part III, three times. |
| R156-68-101. Title |
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This rule shall be known as the "Utah Osteopathic Medical Practice Act Rule." |
| R156-68-102. Definitions |
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In addition to the definitions in Title 58, Chapters 1 and 68, as used in Title 58, Chapters 1 and 68 or this rule: (1) "AAPS" means American Association of Physician Specialists. (2) "ABMS" means American Board of Medical Specialties. (3) "ACCME" means Accreditation Council for Continuing Medical Education. (4) "Alternate medical practices" as used in Section R156-68-603, means treatment or therapy which is determined in an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to be: (a) not generally recognized as standard in the practice of medicine; (b) not shown by current generally accepted medical evidence to present a greater risk to the health, safety or welfare of the patient than does prevailing treatment considered to be the standard in the profession of medicine; and (c) supported by a body of current generally accepted written documentation demonstrating the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given. (5) "AMA" means the American Medical Association. (6) "AOA" means American Osteopathic Association. (7) "Collaborative practice arrangement contract" means a written, signed contract between a collaborating physician licensed and in good standing under Section 58-68-302, and an associate physician holding a restricted license in accordance with Section 58-68-302.5, that: (a) includes the terms and conditions required by Section 58-68-807 and Section R156-68-807; and (b) is approved by the Division in accordance with Section 58-68-807 and Section R156-68-807. (8) "COMLEX" means the Comprehensive Osteopathic Medical Licensing Examination. (9) "FLEX" means the Federation of State Medical Boards Licensure Examination. (10) "FMGEMS" means the Foreign Medical Graduate Examination in Medical Science. (11) "FSMB" means the Federation of State Medical Boards. (12) "Homeopathic medicine" means a system of medicine employing and limited to substances prepared and prescribed in accordance with the principles of homeopathic pharmacology as described in the Homeopathic Pharmacopoeia of the United States, its compendia, addenda, and supplements, as officially recognized by the federal Food, Drug and Cosmetic Act, Public Law 717.21 U.S. Code Sec. 331 et seq., as well as the state of Utah's food and drug laws and Controlled Substances Act. (13) "LMCC" means the Licentiate of the Medical Council of Canada. (14) "NBME" means the National Board of Medical Examiners. (15) "NBOME" means the National Board of Osteopathic Medical Examiners. (16) "NPDB" means the National Practitioner Data Bank. (17) "Supervision form" means the form provided by the Division to document completion of the "continuously present" or "on-site" supervision required by Subsection 58-68-807(1)(d) for an associate physician practicing in a medically underserved area. (18) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 68, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-68-502. (19) "USMLE" means the United States Medical Licensing Examination. |
| R156-68-103. Authority - Purpose |
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This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 68. |
| R156-68-104. Organization - Relationship to Rule R156-1 |
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The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107. |
| R156-68-303. Renewal Cycle - Procedures |
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(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 68, is established by rule in Section R156-1-308a. (2) Renewal procedures shall be in accordance with Section R156-1-308c. |
| R156-68-304. Qualified Continuing Professional Education |
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(1) In accordance with Subsection 58-68-304(1), the qualified continuing professional education requirements shall consist of 40 hours during each two-year licensure cycle as follows: (a) A minimum of 34 of the required hours shall be in category 1 offerings as established by the AOA or ACCME. (b) A maximum of 6 hours of continuing education may come from the Division of Occupational and Professional Licensing. (c) Up to 15% of the required hours may come from providing volunteer health care services within the scope of the licensee's license at a qualified location, in accordance with Section 58-13-3 concerning charity health care. One hour of continuing education credit may be earned for every four documented hours of volunteer services. (d) Participation in a residency program approved by the AOA or the ACCME shall meet the continuing education requirement in a pro-rata amount equal to any part of the two-year period. (2) Continuing education under this section shall: (a) be relevant to the licensee's professional practice; (b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and (c) have a method of verification of attendance and completion which may include a "CME Self Reporting Log". (3) Credit for continuing education shall be recognized in 50-minute hour blocks of time for education completed in formally established classroom courses, seminars, lectures, conferences or training sessions which meet the criteria listed in Subsection (2) above. (4) A licensee must be able to document completion of the continuing professional education upon the request of the Division. Such documentation shall be retained until the next renewal cycle. |
| R156-68-306. Exemptions From Licensure |
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In accordance with Subsection 58-1-307(1), exemptions from licensure as an osteopathic physician include the following: (1) any physician exempted from licensure, who engages in prescribing, dispensing, or administering a controlled substance outside of a hospital, shall be required to apply for and obtain a Utah Controlled Substance License as a condition precedent to them administering, dispensing or prescribing a controlled substance; (2) any person engaged in a competent public screening program making measures of physiologic conditions including serum cholesterol, blood sugar and blood pressure, shall be exempt from licensure and shall not be considered to be engaged in the practice of osteopathic medicine conditioned upon compliance with all of the following: (a) all instruments or devices used in making measures are approved by the Food and Drug Administration of the U.S. Department of Health, to the extent approval is required, and the instruments and devices are used in accordance with those approvals; (b) the facilities and testing protocol meet any standards or personnel training requirements of the Utah Department of Health; (c) unlicensed personnel shall not interpret results of measures or tests nor shall they make any recommendation with respect to treatment or the purchase of any product; (d) licensed personnel shall act within the lawful scope of practice of their license classification; (e) unlicensed personnel shall conform to the referral and follow-up protocol approved by the Utah Department of Health for each measure or test; (f) information provided to those persons measured or tested for the purpose of permitting them to interpret their own test results shall be only that approved by the Utah Department of Health. (3) non-licensed public officials not having emergency medical technician (EMT) certification who are designated by appropriate county officials as first responders may be issued and allowed to carry the Mark I automatic antidote injector kits and may administer the antidote to himself or his designated first response "buddy". Prior to being issued the kits, the certified first responders would successfully complete the Army/FEMA course on the "Use of Auto-Injectors by Civilian Emergency Medical Personnel". The kits would be issued to the responder only by his employing government agency and procured through the Utah Division of Comprehensive Emergency Management. No other individuals, whether licensed or not, shall prescribe or issue these antidote kits; and (4) In accordance with Section 58-68-305, a medical assistant, while working under the indirect supervision of a licensed osteopathic physician and surgeon, may not additionally engage in: (a) diagnosing; or (b) establishing a treatment plan. |
| R156-68-502. Unprofessional Conduct |
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"Unprofessional conduct" includes: (1) the prescribing for oneself any Schedule II or III controlled substance; however, nothing in this rule shall be interpreted by the division or the board to prevent a licensee from using, possessing, or administering to himself a Schedule II or III controlled substance which was legally prescribed for him by a licensed practitioner acting within his scope of licensure when it is used in accordance with the prescription order and for the use for which it was intended; (2) knowingly, prescribing, selling, giving away or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away or administer any scheduled controlled substance as defined in Title 58, Chapter 37 to a drug dependent person, as defined in Subsection 58-37-2(14) unless permitted by law and when it is prescribed, dispensed, or administered according to a proper medical diagnosis and for a condition indicating the use of that controlled substance is appropriate; (3) knowingly engaging in billing practices which are abusive and represent charges which are grossly excessive for services rendered; (4) directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered or supervised; however, nothing in this section shall preclude the legal relationships within lawful professional partnerships, corporations, or associations or the relationship between an approved supervising physician and physician assistants or advanced practice nurses supervised by them; (5) knowingly failing to transfer a copy of pertinent and necessary medical records or a summary thereof to another physician when requested to do so by the subject patient or by his legally designated representative; (6) failing to furnish to the board information requested by the board which is known by a licensee with respect to the quality and adequacy of medical care rendered to patients by osteopathic physicians licensed under the Utah Osteopathic Medical Practice Act; (7) failing as an operating surgeon to perform adequate pre-operative and primary post-operative care of the surgical condition for a patient in accordance with the standards and ethics of the profession or to arrange for competent primary post-operative care of the surgical condition by a licensed physician and surgeon or osteopathic physician who is equally qualified to provide that care; (8) billing a global fee for a procedure without providing the requisite care; (9) supervising the providing of breast screening by diagnostic mammography services or interpreting the results of breast screening by diagnostic mammography to or for the benefit of any patient without having current certification or current eligibility for certification by the American Osteopathic Board of Radiology or the American Board of Radiology. However, nothing in this subsection shall be interpreted to prevent a licensed physician from reviewing the results of any breast screening by diagnostic mammography procedure upon a patient for the purpose of considering those results in determining appropriate care and treatment of that patient if the results are interpreted by a physician qualified under this subsection and a timely written report is prepared by the interpreting physician in accordance with the standards and ethics of the profession; (10) failing of a licensee under Title 58, Chapter 68, without just cause to repay as agreed any loan or other repayment obligation legally incurred by the licensee to fund the licensee's education or training as an osteopathic physician; (11) failing of a licensee under Title 58, Chapter 68, without just cause to comply with the terms of any written agreement in which the licensee's education or training as an osteopathic physician is funded in consideration for the licensee's agreement to practice in a certain locality or type of locality or to comply with other conditions of practice following licensure; (12) a physician providing services to a department of health by participating in a system under which the physician provides the department with completed and signed prescriptions without the name and address of the patient, or date the prescription is provided to the patient when the prescription form is to be completed by authorized registered nurses employed by the department of health which services are not in accordance with the provisions of Section 58-17a-620; (13) engaging in alternative medical practice except as provided in Section R156-68-603; (14) violation of any provision of the American Medical Association's (AMA) "Code of Medical Ethics", 2012-2013 edition, which is hereby incorporated by reference; and (15) failing to timely submit an annual written report to the division indicating that the osteopathic physician has reviewed at least annually the dispensing practices of those authorized by the osteopathic physician to dispense an opiate antagonist, pursuant to Section R156-68-604. |
| R156-68-503. Administrative Penalties |
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(1) In accordance with Subsection 58-68-503, unless otherwise ordered by the presiding officer, the following fine and citation schedule shall apply: (a) buying, selling, aiding or abetting or fraudulently obtaining, any medical diploma, license, certificate, or registration in violation of Subsection 58-68-501(1): First Offense: $1,000-$5,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (b) substantially interfering with a licensee's lawful and competent practice of medicine in violation of Subsections 58-68-501(1)(c)(i) or (ii): First Offense: $1,000-$5,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (c) entering into a contract that limits the licensee's ability to advise the licensee's patients fully about treatment options or other issues that affect the health care of the licensee's patients in violation of Subsection 58-68-501(1)(d): First Offense: $1,000-$5,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (d) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession, state law, or division rule, or making a material misrepresentation regarding the qualifications for licensure in violation of Section 58-68-502: First Offense: $1,000-$5,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (e) administering sedation or anesthesia intravenously to a patient in an outpatient setting that is not an emergency department, without first obtaining the required consent from the patient in writing, in violation of Subsection 58-68-502.5(1): First Offense: $500-$5,000 Second Offense: $1,500 - $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense. (f) failing to report any adverse event under Section 26-1-40, with respect to the administering of sedation or anesthesia intravenously to a patient in an outpatient setting that is not an emergency department, in violation of Subsection 58-68-502.5(2): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense. (g) during a procedure for which sedation or anesthesia will be administered intravenously to a patient in an outpatient setting that is not an emergency department, failing to have access to an advanced cardiac life support crash cart with equipment that is regularly maintained according to guidelines established by the American Heart Association, in violation of Subsection 58-68-502.5(3): First Offense: $5,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (h) prescribing for oneself any Schedule II or III controlled substance in violation of Subsection R156-68-502(1): First Offense: $5,000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (i) knowingly prescribing, selling, giving away or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away or administer any scheduled controlled substance as defined in Title 58, Chapter 37 to a drug dependent person, as defined in Subsection 58-37-2(1)(s) unless permitted by law and when it is prescribed, dispensed or administered according to a proper medical diagnosis and for a condition indicating the use of that controlled substance is appropriate in violation of Subsection R156-68-502(2): First Offense:$5,000-$10,000 Second Offense:$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (j) knowingly engaging in billing practices which are abusive and represent charges which are grossly excessive for services rendered in violation of Subsection R156-68-502(3): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (k) directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered or supervised; however, nothing in this section shall preclude the legal relationships within lawful professional partnerships, corporations or associations or the relationship between an approved supervising physician and physician assistants or advanced practice nurses supervised by them in violation of Subsection R156-68-502(4): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (l) knowingly failing to transfer a copy of pertinent and necessary medical records or a summary thereof to another physician when requested to do so by the subject patient or by his legally designated representative in violation of Subsection R156-68-502(5): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (m) failing to furnish to the board information requested by the board which is known by a licensee with respect to the quality and adequacy of medical care rendered to patients by physicians licensed under the Utah Osteopathic Medical Practice Act in violation of Subsection R156-68-502(6): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (n) failing as an operating surgeon to perform adequate pre-operative and primary post-operative care of the surgical condition for a patient in accordance with the standards and ethics of the profession or to arrange for competent primary post-operative care of the surgical condition by a licensed osteopathic physician and surgeon who is equally qualified to provide that care in violation of Subsection R156-68-502(7): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (o) billing a global fee for a procedure without providing the requisite care in violation of Subsection R156-68-502(8): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (p) supervising the providing of breast screening by diagnostic mammography services or interpreting the results of breast screening by diagnostic mammography to or for the benefit of any patient without having current certification or current eligibility for certification by the American Board of Radiology in violation of Subsection R156-68-502(9): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (q) failing of a licensee without just cause to repay as agreed any loan or other repayment obligation legally incurred by the licensee to fund the licensee's education or training as a medical doctor in violation of Subsection R156-68-502(10): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (r) failing of a licensee without just cause to comply with the terms of any written agreement in which the licensee's education or training as a medical doctor is funded in consideration for the licensee's agreement to practice in a certain locality or type of locality or to comply with other conditions of practice following licensure in violation of Subsection R156-68-502(11): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (s) failing to keep the division informed of a current address and telephone number in violation of Subsection 58-1-501(2)(a) and Section 58-1-301.7: First Offense: $100-$500 Second Offense: $500-$3,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (t) engaging in alternate medical practice except as provided in Section R156-68-603 in violation of Subsection R156-68-502(13): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (u) violation of any provision of the American Medical Association (AMA) "Code of Medical Ethics", 2008-2009 edition, in violation of Subsection R156-68-502(14): First Offense: $100-$5,000 Second Offense: $500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (v) failing to maintain medical records according to applicable laws, regulations, rules and code of ethics in violation of Section R156-68-602: First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (w) practicing or engaging in, representing oneself to be practicing or engaging in, or attempting to practice or engage in any occupation or profession requiring licensure under this title in violation of Subsection 58-1-501(1): First Offense: $5,000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (x) violating, or aiding or abetting any other person to violate, any statute, rule, or order regulating an occupation or profession under this title in violation of Subsection 58-1-501(2)(a): First Offense: $500-$5,000 Second Offense: $1,500-10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (y) violating, or aiding or abetting any other person to violate, any generally accepted professional or ethical standard applicable to an occupation or profession regulated under this title in violation of Subsection 58-1-501(2)(b): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (z) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation with respect to a crime of moral turpitude or any other crime that, when considered with the functions and duties of the occupation or profession for which the license was issued or is to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely or competently practice the occupation or profession in violation of Subsection 58-1-501(2)(c): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (aa) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or profession if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401 in violation of Subsection 58-1-501(2)(d): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (bb) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the ability of the licensee or applicant to safely engage in the occupation or profession in violation of Subsection 58-1-501(2)(e): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (cc) practicing or attempting to practice an occupation or profession regulated under this title despite being physically or mentally unfit to do so in violation of Subsection 58-1-501(2)(f): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (dd) practicing or attempting to practice an occupation or profession regulated under this title through gross incompetence, gross negligence, or a pattern of incompetency or negligence in violation of Subsection 58-1-501(2)(g): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ee) practicing or attempting to practice an occupation or profession requiring licensure under this title by any form of action or communication which is false, misleading, deceptive, or fraudulent in violation of Subsection 58-1-501(2)(h): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ff) practicing or attempting to practice an occupation or profession regulated under this title beyond the scope of the licensee's competency, abilities, or education in violation of Subsection 58-1-501(2)(i): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (gg) practicing or attempting to practice an occupation or profession regulated under this title beyond the scope of the licensee's license in violation of Subsection 58-1-501(2)(j): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (hh) verbally, physically, mentally, or sexually abusing or exploiting any person through conduct connected with the licensee's practice under this title or otherwise facilitated by the licensee's license in violation of Subsection 58-1-501(2)(k): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ii) acting as a supervisor without meeting the qualification requirements for that position that are defined by statute or rule in violation of Subsection 58-1-501(2)(l): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (jj) issuing, or aiding and abetting in the issuance of, an order or prescription for a drug or device in violation of Subsection 58-1-501(2)(m): First Offense: $5,000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (kk) violating a provision of Section 58-1-501.5 in violation of Subsection 58-1-501(2)(n): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ll) surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or profession while an investigation or inquiry into allegations of unprofessional or unlawful conduct is in progress or after a charging document has been filed against the applicant or licensee alleging unprofessional or unlawful conduct in violation of Subsection R156-1-501(1): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (mm) practicing a regulated occupation or profession in, through, or with a limited liability company which has omitted the words "limited company," "limited liability company," or the abbreviation "L.C." or "L.L.C." in the commercial use of the name of the limited liability company in violation of Subsection R156-1-501(2): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (nn) practicing a regulated occupation or profession in, through, or with a limited partnership which has omitted the words "limited partnership," "limited," or the abbreviation "L.P." or "Ltd" in the commercial use of the name of the limited partnership in violation of Subsection R156-1-501(3): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (oo) practicing a regulated occupation or profession in, through, or with a professional corporation which has omitted the words "professional corporation" or the abbreviation "P.C." in the commercial use of the name of the professional corporation in violation of Subsection R156-1-501(4): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (pp) using a DBA (doing business as name) which has not been properly registered with the Division of Corporations and with the Division of Occupational and Professional Licensing in violation of Subsection R156-1-501(5): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (qq) failing, as a prescribing practitioner, to follow the "Model Policy for the Use of Controlled Substances for the Treatment of Pain", May 2004, established by the Federation of State Medical Boards in violation of Subsection R156-1-501(6): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (rr) prescribing or administering to oneself any Schedule II or III controlled substance which is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug in violation of Subsection R156-37-502(1)(a): First Offense: $5000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ss) prescribing or administering a controlled substance for a condition he/she is not licensed or competent to treat in violation of Subsection R156-37-502(1)(b): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (tt) violating any federal or state law relating to controlled substances in violation of Subsection R156-37-502(2): First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (uu) failing to deliver to the Division all controlled substance license certificates issued by the Division to the Division upon an action which revokes, suspends or limits the license in violation of Subsection R156-37-502(3): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (vv) failing to maintain controls over controlled substances which would be considered by a prudent practitioner to be effective against diversion, theft, or shortage of controlled substances in violation of Subsection R156-37-502(4): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (ww) being unable to account for shortages of controlled substances any controlled substance inventory for which the licensee has responsibility in violation of Subsection R156-37-502(5): First Offense: $1,000-$5,000 Second Offense: $5,000-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (xx) knowingly prescribing, selling, giving away, or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away, or administer any controlled substance to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except for legitimate medical purposes as permitted by law in violation of Subsection R156-37-502(6): First Offense: $5,000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (yy) refusing to make available for inspection controlled substance stock, inventory, and records as required under this rule or other law regulating controlled substances and controlled substance records in violation of Subsection R156-37-502(7): First Offense: $5,000-$10,000 Second Offense: $10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (zz) violating any other provision of Section 58-37-8 "Prohibited Acts" not listed herein: First Offense: $500-$5,000 Second Offense: $1,500-$10,000 Ongoing Offense(s): $2,000 per day but not less than the second offense (2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. (3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense. (4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances. (5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed. |
| R156-68-602. Medical Records |
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In accordance with Subsection 58-68-803(1), medical records shall be maintained to be consistent with the following: (1) all applicable laws, regulations, and rules; and (2) the AMA "Code of Medical Ethics", 2012-2013 edition, which is hereby incorporated by reference. |
| R156-68-603. Alternate Medical Practice |
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(1) A licensed osteopathic physician may engage in alternate medical practices as defined in Subsection R156-68-102(4) and shall not be considered to be engaged in unprofessional conduct on the basis that it is not in accordance with generally accepted professional or ethical standards as unprofessional conduct defined in Subsection 58-1-501(2)(b), if the licensed osteopathic physician: (a) possesses current generally accepted written documentation, which in the opinion of the board, demonstrates the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given; (b) possesses the education, training, and experience to competently and safely administer the alternate medical treatment or therapy; (c) has advised the patient with respect to the alternate medical treatment or therapy, in writing, including: (i) that the treatment or therapy is not in accordance with generally recognized standards of the profession; (ii) that on the basis of current generally accepted medical evidence, the physician and surgeon finds that the treatment or therapy presents no greater threat to the health, safety, or welfare of the patient than prevailing generally recognized standard medical practice; and (iii) that the prevailing generally recognized standard medical treatment or therapy for the patient's condition has been offered to be provided, or that the physician and surgeon will refer the patient to another physician and surgeon who can provide the standard medical treatment or therapy; and (d) has obtained from the patient a voluntary informed consent consistent with generally recognized current medical and legal standards for informed consent in the practice of medicine, including: (i) evidence of advice to the patient in accordance with Subsection (c); and (ii) whether the patient elects to receive generally recognized standard treatment or therapy combined with alternate medical treatment or therapy, or elects to receive alternate medical treatment or therapy only. (2) Alternate medical practice includes the practice of homeopathic medicine. |
| R156-68-604. Required Reporting of Annual Review by Osteopathic Physicians of Dispensing Practices of Those Authorized to Dispense an Opiate Antagonist |
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(1) In accordance with Subsection 26-55-105(2)(c), an osteopathic physician who issues a standing prescription drug order authorizing the dispensing of an opiate antagonist shall annually submit a written report to the division indicating that he has reviewed at least annually the dispensing practices of those authorized by the osteopathic physician to dispense the opiate antagonist. (2) The report described above shall be submitted no later than January 31 of each calendar year and shall continue as long as the standing order remains in effect. Null reporting is not required. (3) An osteopathic physician shall be considered to have satisfactorily reviewed the dispensing practices of those authorized by the osteopathic physician to dispense the opiate antagonist by reviewing the report of the licensee dispensing the opiate antagonist specified in Subsection R156-17b-625(1). |
| R156-68-807. Collaborative Practice Arrangement Contract - Duties and Responsibilities of Collaborating Physician and Associate Physician |
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In accordance with Section 58-68-807, the Division's approval of a collaborative practice arrangement, and the educational methods and programs required of an associate physician throughout the duration of a collaborative practice arrangement, are established as follows: (1) Collaborative practice arrangement contract. (a) Before beginning a collaborative practice arrangement, the prospective collaborating physician and associate physician shall sign a written collaborative practice arrangement contract, which the associate physician shall submit to the Division for approval. (b) A collaborative practice arrangement contract shall include at least the following: (i) all of the terms and conditions required by Section 58-68-807, including: (A) a description of how the health care services to be rendered by the associate physician under the collaborative practice arrangement will be consistent with the associate physician's skill, training, and competence; (B) a description of the medically underserved population or medically underserved area within the state where the associate physician will provide primary care services; (C) if the associate physician will practice in a medically underserved area, a plan for documenting completion of the "continuously present" or"on-site" supervision required by Subsection 58-68-807(1)(d), using the Division-provided supervision forms; (D) if the associate physician will prescribe Schedule III through V controlled substances, documentation of the associate physician's mid-level practitioner Federal Drug Administration (DEA) registration; and (E) a provision requiring the associate physician to notify the Division in writing within 10 days of any modifications to the collaborative practice arrangement contract, and providing that any changes shall become effective only upon receipt of written notice from the Division approving the changes; (ii) in accordance with Subsection 58-68-807(4), a plan establishing educational methods and programs that the associate physician shall complete throughout the duration of the collaborative practice arrangement contract, which: (A) will facilitate the advancement of the associate physician's medical knowledge and abilities; and (iii) remedies in the event of breach of contract by either the collaborating physician or associate physician, including procedures for contract termination and written notification to the Division. (c) Before an associate physician may render any health care services under a collaborative practice arrangement, the parties must have obtained the Division's written approval of the collaborative practice arrangement contract. (d) In evaluating a collaborative practice arrangement contract, the Division shall consider whether it sufficiently complies with all of the terms and conditions required by Section 58-68-807 and this section to adequately protect the public health, safety, and welfare. (2) Collaborating physician duties and responsibilities. A collaborating physician overseeing an associate physician shall have the following duties and responsibilities: (a) ensure that the collaborating physician and associate physician: (i) are both appropriately licensed; and (ii) are practicing pursuant to a Division-approved collaborative practice arrangement contract in accordance with Subsection (1); (b) ensure that during the term of the collaborative practice arrangement contract the collaborating physician does not enter into a collaborative practice arrangement with more than three full-time equivalent associate physicians as required by Subsection 58-68-807(3)(b); (c) maintain a relationship with the associate physician in which the collaborating physician is independent from control by the associate physician, and in which the ability of the collaborating physician to supervise and direct the health care services rendered by the associate physician is not compromised; (d) be available to the associate physician for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total of the profession and the requirements suggested by the total circumstances, including consideration of the associate physician's level of skill, training, and competence and other factors known to the associate physician and collaborating physician; (e) ensure periodic review of the charts documenting the associate physician's delivery of health care services, in compliance with Subsection 58-68-807(1)(b)(xii); (f) monitor the associate physician's performance for compliance with the laws, rules, standards, and ethics of the profession, and report violations to the Division; and (g) upon request, submit appropriate documentation to the Division with respect to practice hours completed by the associate physician evidencing the "continuously present" or "on-site" supervision required by Subsection 58-68-807(1)(d). (3) Associate physician duties and responsibilities. An associate physician shall have the following duties and responsibilities: (a) prior to beginning a collaborative practice arrangement and rendering any health care services, enter into a Division-approved collaborative practice arrangement contract with a collaborating physician in accordance with Subsection (1); (b) maintain required licensure and any DEA registration; (c) be professionally responsible for the acts and practices of the associate physician; and (d) comply with all applicable laws, rules, standards, and ethics of the profession. (4)(a) A collaborating physician shall submit to the Division a written explanation outlining the collaborating physician's concerns if the collaborating physician: (i) terminates a collaborative practice arrangement contract for cause; (ii) does not support continuance of a license for an associate physician to practice; or (iii) has other concerns regarding the associate physician that the collaborating physician believes requires input from the Division and Board. (b) Upon receipt of written concerns from a collaborating physician with respect to an associate physician, the Division shall: (i) provide the associate physician an opportunity to respond in writing to the Division regarding the collaborating physician's concerns; (ii) review the written statements from the collaborating physician and associate physician with the Board; and (iii) in consultation with the Board, take any appropriate licensure action. |