Utah Admin. Code R156-1-401 - Consideration of Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition

(1) Under Section 58-1-401, this section applies in circumstances where an applicant or licensee:

(a) is not automatically disqualified from licensure pursuant to statute or rule; and

(b)

(i) has past unlawful or unprofessional conduct; or

(ii) as described in Subsection 58-1-401(2)(d), may be unable to practice the profession with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material, substance use disorder, or a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety, or welfare.

(2) In a circumstance described in Subsection (1), the following factors are relevant to a licensing decision:

(a) aggravating circumstances, as defined in Subsection R156-1-102(2);

(b) mitigating circumstances, as defined in Subsection R156-1-102(17);

(c) the degree of risk to the public health, safety, or welfare;

(d) the degree of risk that a conduct will be repeated;

(e) the degree of risk that a condition will continue;

(f) the magnitude of the conduct or condition as it relates to the harm or potential harm;

(g) the length of time since the last conduct or condition has occurred;

(h) the current criminal probationary or parole status of the applicant or licensee;

(i) the current administrative status of the applicant or licensee, for any regulated profession;

(j) results of previously submitted applications, for any regulated profession;

(k) results from any action, taken by any professional licensing agency, criminal, or administrative agency, employer, practice monitoring group, entity, or association, for any regulated profession;

(l) evidence presented indicating that restricting or monitoring the individual's practice, conditions, or conduct can protect the public health, safety, or welfare;

(m) psychological evaluations; or

(n) any other information the Division and the applicable board reasonably believe may assist in evaluating the degree of threat or potential threat to the public health, safety, or welfare.

Notes

Utah Admin. Code R156-1-401

Adopted by Utah State Bulletin Number 2024-09, effective 4/23/2024