H.B. 65 Enrolled

DIVISION OF OCCUPATIONAL AND
PROFESSIONAL LICENSURE AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Jack A. Seitz
This act modifies the Division of Occupational and Professional Licensing Act by amending
the definition of unprofessional conduct.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-1-501, as last amended by Chapter 159, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-1-501 is amended to read:
58-1-501. Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under
this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any occupation or profession requiring licensure under this title
if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,
or inactive license;
(b) impersonating another licensee or practicing an occupation or profession under a false
or assumed name, except as permitted by law;
(c) knowingly employing any other person to practice or engage in or attempt to practice
or engage in any occupation or profession licensed under this title if the employee is not licensed
to do so under this title;
(d) knowingly permitting the person's authority to practice or engage in any occupation or
profession licensed under this title to be used by another, except as permitted by law; or
(e) obtaining a passing score on a licensure examination, applying for or obtaining a

license, or otherwise dealing with the division or a licensing board through the use of fraud, forgery,
or intentional deception, misrepresentation, misstatement, or omission.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined as
unprofessional conduct under this title or under any rule adopted under this title and includes:
(a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
regulating an occupation or profession under this title;
(b) violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to an occupation or profession regulated under this title;
(c) engaging in conduct that results in conviction [of], [or] a plea of nolo contendere [to],
or a plea of guilty or nolo contendere which is held in abeyance pending the successful completion
of probation with respect to a crime of moral turpitude or any other crime that, when considered with
the functions and duties of the occupation or profession for which the license was issued or is to be
issued, bears a reasonable relationship to the licensee's or applicant's ability to safely or competently
practice the occupation or profession;
(d) engaging in conduct that results in disciplinary action, including reprimand, censure,
diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having
jurisdiction over the licensee or applicant in the same occupation or profession if the conduct would,
in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section
58-1-401 ;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
ability of the licensee or applicant to safely engage in the occupation or profession;
(f) practicing or attempting to practice an occupation or profession regulated under this title
despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation or profession regulated under this title
through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(h) practicing or attempting to practice an occupation or profession requiring licensure under
this title by any form of action or communication which is false, misleading, deceptive, or

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fraudulent;
(i) practicing or attempting to practice an occupation or profession regulated under this title
beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice an occupation or profession regulated under this title
beyond the scope of the licensee's license;
(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
conduct connected with the licensee's practice under this title or otherwise facilitated by the
licensee's license; or
(l) acting as a supervisor without meeting the qualification requirements for that position that
are defined by statute or rule.

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