58-71-601. Mentally incompetent or incapacitated naturopathic physician.
| (1) |
As used in this section:
Terms Used In Utah Code 58-71-601- 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.
- Continuance: Putting off of a hearing ot trial until a later time.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Naturopathic physician: means an individual licensed under this chapter to engage in the practice of naturopathic medicine. See Utah Code 58-71-102
- Person: means :Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Incapacitated person” means a person who is incapacitated, as defined in Section 75-1-201. |
| (b) |
“Mental illness” is as defined in Section 26B-5-303. |
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| (2) |
If a court of competent jurisdiction determines a naturopathic physician is an incapacitated person or that the physician has a mental illness and is unable to safely engage in the practice of medicine, the director shall immediately suspend the license of the naturopathic physician upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court’s ruling is pending. The director shall promptly notify the naturopathic physician, in writing, of the suspension. |
| (3) |
| (a) |
If the division finds reasonable cause to believe a naturopathic physician, who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing medicine with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the director shall file a petition with the division, and cause the petition to be served upon the naturopathic physician with a notice of hearing on the sole issue of the capacity of the naturopathic physician to competently and safely engage in the practice of medicine. |
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| (4) |
| (a) |
Every naturopathic physician who accepts the privilege of being licensed under this chapter gives consent to:
| (i) |
submitting at the physician’s own expense to an immediate mental or physical examination when directed in writing by the division to do so; and |
| (ii) |
the admissibility of the reports of the examining physician’s testimony or examination, and waives all objections on the ground the reports constitute a privileged communication. |
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| (b) |
The examination may be ordered by the division only upon a finding of reasonable cause to believe:
| (i) |
the naturopathic physician has a mental illness, is incapacitated, or otherwise unable to practice medicine with reasonable skill and safety; and |
| (ii) |
immediate action by the division is necessary to prevent harm to the naturopathic physician’s patients or the general public. |
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| (c) |
| (i) |
Failure of a naturopathic physician to submit to the examination ordered under this section is a ground for the division’s immediate suspension of the naturopathic physician’s license by written order of the director. |
| (ii) |
The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the naturopathic physician and was not related directly to the illness or incapacity of the naturopathic physician. |
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| (5) |
| (a) |
A naturopathic physician whose license is suspended under Subsection (2) or (3) has the right to a hearing to appeal the suspension within 10 days after the license is suspended. |
| (b) |
The hearing held under this subsection shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the naturopathic physician’s patients or the general public. |
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| (6) |
A naturopathic physician whose license is revoked, suspended, or in any way restricted under this section may request the division to consider, at reasonable intervals, evidence presented by the naturopathic physician, under procedures established by division rule, regarding any change in the naturopathic physician’s condition, to determine whether:
| (a) |
the physician is or is not able to safely and competently engage in the practice of medicine; and |
| (b) |
the physician is qualified to have the physician’s license to practice under this chapter restored completely or in part. |
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Amended by Chapter 249, 2023 General Session
Amended by Chapter 329, 2023 General Session
