58-67-503. Penalties and administrative actions for unlawful and unprofessional conduct.
| (1) |
Any person who violates the unlawful conduct provisions of Section 58-67-501 or Section 58-1-501 is guilty of a third degree felony. |
Terms Used In Utah Code 58-67-503
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, in accordance with a fine schedule established by the division in collaboration with the board, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-67-102
- Person: means :Utah Code 68-3-12.5
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-501. See Utah Code 58-67-102
- 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
- Writing: includes :Utah Code 68-3-12.5
| (2) |
| (a) |
Subject to Subsection (4), the division may punish unprofessional or unlawful conduct by:
| (i) |
assessing administrative penalties; or |
| (ii) |
taking other appropriate administrative action. |
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| (b) |
A monetary administrative penalty imposed under this section shall be deposited into the Physician Education Fund created in Section 58-67a-1. |
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| (3) |
If a licensee has been convicted of unlawful conduct, described in Section 58-67-501, before an administrative proceeding regarding the same conduct, the division may not assess an additional administrative fine under this chapter for the same conduct. |
| (4) |
| (b) |
The division may take the following action against an individual who is in violation of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding:
| (i) |
assess a fine of up to $10,000 per single violation or up to $2,000 per day of ongoing violation, whichever is greater, in accordance with a fine schedule established by rule; or |
| (ii) |
order to cease and desist from the behavior that constitutes a violation of the provisions described in Subsection (4)(a). |
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| (c) |
An individual’s license may not be suspended or revoked through a citation. |
| (d) |
Each citation issued under this section shall:
| (ii) |
clearly describe or explain:
| (A) |
the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated; |
| (B) |
that the recipient must notify the division in writing within 20 calendar days from the day on which the citation is served if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and |
| (C) |
the consequences of failure to timely contest the citation or pay the fine assessed by the citation within the time specified in the citation; and |
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| (iii) |
be served in accordance with the Utah Rules of Civil Procedure. |
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| (e) |
If the individual to whom the citation is issued fails to request a hearing to contest the citation within 20 calendar days from the day on which the citation is served, the citation becomes the final order of the division and is not subject to further agency review. The period to contest the citation may be extended by the division for cause. |
| (f) |
The division may refuse to issue or renew or suspend, revoke, or place on probation the license of an individual who fails to comply with a citation after the citation becomes final. |
| (g) |
The failure of an applicant for licensure to comply with a citation after it becomes final is a ground for denial of license. |
| (h) |
No citation may be issued under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division. |
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| (5) |
| (a) |
The director may collect a penalty imposed under this section that is not paid by:
| (i) |
referring the matter to a collection agency; or |
| (ii) |
bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located. |
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| (b) |
A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. |
| (c) |
A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. |
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Amended by Chapter 415, 2022 General Session
