Utah Code 58-5a-201. Podiatric Physician Board

(1)	There is created the Podiatric Physician Board consisting of four podiatric physicians and one member of the general public.

Adjudicative proceeding: means :Utah Code 68-3-12.5
Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Unprofessional conduct: includes , for an individual licensed under this chapter:

(i)	the conduct that constitutes unprofessional conduct under Section 58-1-501;

(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;

(iii)

allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;

(iv)	except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;

(v)	using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;

(vi)	unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;

(vii)

gross incompetency in the practice of podiatry;

(viii)

willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;

(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;

(x)	willfully using false or fraudulent advertising;

(xi)	conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(xii)

falsely making an entry in, or altering, a medical record with the intent to conceal:

(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

(B)	conduct described in Subsections (6)(a)(i) through (xi) or Subsection 58-1-501(1); or

(xiii)	violating the requirements of 2. See Utah Code 58-5a-102
(2)	The board shall be appointed and serve in accordance with Section 58-1-201.

(3)	The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203.

(4)

In addition, the board shall designate one of its members on a permanent or rotating basis to:

(a)	assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

(b)	advise the division in its investigation of these complaints.

(5)	A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

Amended by Chapter 10, 1997 General Session