Utah Admin. Code R156-68-502 - Unprofessional Conduct
"Unprofessional conduct" includes:
(1) prescribing for oneself any Schedule II
or III controlled substance, but a licensee may use, possess, or
self-administer a Schedule II or III controlled substance legally prescribed
for the licensee by another licensed practitioner acting within scope of
licensure if the licensee uses the controlled substance in accordance with the
prescription order and for the use intended;
(2) knowingly prescribing, selling, giving,
or administering, directly or indirectly, or offering to prescribe, sell, give,
or administer, any scheduled controlled substance as defined in Title 58,
Chapter 37, Utah Controlled Substances Act, to a drug dependent person, as
defined in Subsection
58-37-2(1)(s),
except if:
(a) permitted by law;
and
(b) prescribed, dispensed, or
administered according to a proper medical diagnosis and for a condition
indicating the use is appropriate;
(3) knowingly engaging in billing practices
that are abusive and have charges that 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 of those records to
another physician when requested by the subject patient or by the patient's
legal representative;
(6) failing
to furnish to the board upon request, information known by a licensee with
respect to the quality and adequacy of medical care rendered to a patient by an
osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic
Medical Practice Act;
(7) failing
as an operating surgeon to:
(a) perform
adequate pre-operative or primary postoperative care of the surgical condition
for a patient in accordance with the standards and ethics of the profession;
or
(b) 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, except that a licensed physician may review the results of any
breast screening by diagnostic mammography procedure upon a patient to consider
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) as a licensee under Title 58, Chapter
68, Utah Osteopathic Medical Practice Act, failing without just cause to:
(a) 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; or
(b) comply with 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;
(11)
violating Section
58-17b-620;
(12) engaging in alternative medical
practice, except as provided in Section
R156-68-603;
(13) violating the American Medical
Association's (AMA) Code of Medical Ethics, 2017 edition, which is incorporated
by reference;
(14) 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, under Section
R156-68-604;
(15) failing to discuss the risks of using an
opiate with a patient or the patient's guardian before issuing an initial
opiate prescription, under Section
58-37-19;
(16) violating Section
58-1-301.7 by failing to keep the
Division informed of a current mailing address or email address; or
(17) violating Section
R156-68-510.
Notes
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