(1)  A licensee may enter into a program contract:

Terms Used In Utah Code 58-4a-105

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
  • Licensee: means an individual licensed to practice under:
(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) Title 58, Chapter 17b, Pharmacy Practice Act;
(c) Title 58, Chapter 28, Veterinary Practice Act;
(d) Title 58, Chapter 31b, Nurse Practice Act;
(e) Title 58, Chapter 67, Utah Medical Practice Act;
(f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
(h) Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102
  • Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
  • Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
  • Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
  • (a)  any time before the conclusion of a hearing under Section 63G-4-206; and

    (b)  if the licensee who enters into the program contract has a substance use disorder.

    (2)  A licensee may enter into a program contract to replace a diversion agreement the licensee previously entered into with the department.

    (3)  A licensee who does not have a substance use disorder may not enter into a program contract with the division.

    (4)  The committees described in Section 58-4a-104 may assist the division in evaluating or verifying documentation showing completion of or compliance with a program contract.

    (5)  A decision by the program not to permit a licensee to participate in the program is not subject to appeal, agency review, or judicial review.

    Enacted by Chapter 107, 2020 General Session