The division shall refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, or place on probation the license of a licensee who:
Terms Used In Utah Code 58-5a-401
Fraud: Intentional deception resulting in injury to another.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Unlawful conduct: includes :
(a)
the conduct that constitutes unlawful conduct under Section 58-1-501; and
(b)
for an individual who is not licensed under this chapter:
(i)
using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
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;
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
does not meet the qualifications for licensure or renewal of licensure under this chapter; or
(b)
is guilty of a crime which, when considered with the functions and duties of a licensee under this chapter, demonstrates a threat or potential threat to the public health, safety, or welfare.
(2)
The division may refuse to issue a license to an applicant and shall refuse to renew or shall revoke, suspend, or place on probation the license of a licensee who:
(a)
is guilty of unlawful conduct related to practice under this chapter or unprofessional conduct as defined in this chapter, Section 58-1-501, or rules made under either;
(b)
has obtained or attempted to obtain a license under this title by fraud or willful misrepresentation; or
(c)
has had a license or certification to practice in any profession or occupation subjected to disciplinary action which demonstrates a threat or potential threat to the public health, safety, or welfare, when considered with the activities regulated under this chapter.
