Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-67-102
Primary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i)
for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty;
(ii)
for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or
(iii)
any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. See Utah Code 58-67-102
Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i)
for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or
(ii)
for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. See Utah Code 58-67-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-502, and as may be further defined by division rule. See Utah Code 58-67-102
(a)
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;
(b)
making a material misrepresentation regarding the qualifications for licensure under Section 58-67-302.7 or 58-67-302.8;
(c)
violating the dispensing requirements of 8, if applicable;
(d)
violating the requirements of 2;
(e)
performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
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
(ii)
conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1) ; or
(g)
performing, or causing to be performed, upon an individual who is less than 18 years old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure.
obtaining an investigational drug or investigational device;
(ii)
administering the investigational drug to an eligible patient; or
(iii)
treating an eligible patient with the investigational drug or investigational device; or
(b)
in accordance with 2:
(i)
when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26B-4-201, recommending the use of medical cannabis;
(ii)
when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy .
(3)
Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).
Amended by Chapter 2, 2023 General Session Amended by Chapter 301, 2023 General Session Amended by Chapter 317, 2023 General Session Amended by Chapter 329, 2023 General Session
