Effective 5/12/2020 58-4a-103. Program established. (1) The division, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall establish the Utah Professionals Health Program to provide an alternative to public disciplinary action for licensees who have substance use disorders. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division […]
Effective 5/12/2020 58-4a-104. Committees. (1) In accordance with Section 58-1-203, the division shall establish an executive advisory committee consisting of nine members as follows: (a) the executive director of the Department of Commerce, or the designee of the executive director of the Department of Commerce, who shall serve as chair; (b) the director of the […]
Effective 5/12/2020 58-4a-105. Program contract. (1) A licensee may enter into a program contract: (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 […]
Effective 5/12/2020 58-4a-106. Effect on other disciplinary proceedings. (1) Findings of fact stipulated to in a program contract are binding admissions on the licensee in any proceeding to terminate the program contract or any other division disciplinary administrative proceeding. (2) If the program contract is entered into after an adjudicative proceeding has commenced, the adjudicative […]
Effective 7/1/2020 58-4a-107. Violation of a program contract — Adjudicative proceedings — Penalties. (1) The division shall serve an order to show cause on the licensee if the licensee: (a) violates any term or condition of the program contract or diversion agreement; (b) makes an intentional, material misrepresentation of fact in the program contract or […]
Effective 5/12/2020 58-4a-108. Emergency order. Nothing in this chapter precludes the division from issuing an emergency order pursuant to Section 63G-4-502 regarding a licensee’s participation in the program. Enacted by Chapter 107, 2020 General Session
Effective 5/12/2020 58-4a-109. Public meetings. Program meetings and hearings are not subject to Title 52, Chapter 4, Open and Public Meetings Act. Enacted by Chapter 107, 2020 General Session
Effective 5/12/2020 58-4a-110. Fees — Fines. (1) The division, in accordance with Section 63J-1-504, shall establish fees in an amount to pay the costs to the division of operating the program. (2) The division may, for a licensee who has entered into a program contract, assess a fine for a violation of a program contract, […]
Effective 5/12/2020 58-4a-111. Reporting. (1) Program contracts shall allow the division to report regularly to the licensee’s Utah professional licensing board regarding the licensee’s progress in the program to the extent that reporting does not violate HIPAA. (2) The executive advisory committee and the clinical advisory committee described in Section 58-4a-104 may assist Utah professional […]
