1     
HEALTH CARE PROFESSIONAL LICENSING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Allen M. Christensen

6     

7     LONG TITLE
8     General Description:
9          This bill amends the definition of unprofessional conduct for prescribing health care
10     professionals and pharmacists.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds a provision to each health care profession's definition of unprofessional
14     conduct to include:
15               •     knowingly entering false or misleading information on a medical record; or
16               •     knowingly altering a medical record for the purpose of concealing any
17     circumstance related to the health care provided to a patient.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-5a-102, as last amended by Laws of Utah 2015, Chapter 230
25          58-16a-502, as last amended by Laws of Utah 2012, Chapter 234
26          58-17b-502, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
27          58-31b-502, as last amended by Laws of Utah 2019, Chapter 233
28          58-44a-502, as last amended by Laws of Utah 2012, Chapter 285
29          58-67-502, as last amended by Laws of Utah 2019, First Special Session, Chapter 5

30          58-68-502, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
31          58-69-502, as last amended by Laws of Utah 2006, Chapter 158
32          58-70a-503, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
33          58-71-502, as enacted by Laws of Utah 1996, Chapter 282
34          58-83-502, as last amended by Laws of Utah 2015, Chapter 321
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 58-5a-102 is amended to read:
38          58-5a-102. Definitions.
39          In addition to the definitions under Section 58-1-102, as used in this chapter:
40          (1) "Board" means the Podiatric Physician Board created in Section 58-5a-201.
41          (2) "Indirect supervision" means the same as that term is defined by the division by
42     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
43          (3) "Medical assistant" means an unlicensed individual working under the indirect
44     supervision of a licensed podiatric physician and engaging in specific tasks assigned by the
45     licensed podiatric physician in accordance with the standards and ethics of the podiatry
46     profession.
47          (4) "Practice of podiatry" means the diagnosis and treatment of conditions affecting the
48     human foot and ankle and their manifestations of systemic conditions by all appropriate and
49     lawful means, subject to Section 58-5a-103.
50          (5) "Unlawful conduct" includes:
51          (a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
52          (b) for an individual who is not licensed under this chapter:
53          (i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor,
54     foot specialist, or D.P.M.; or
55          (ii) implying or representing that the individual is qualified to practice podiatry.
56          (6) "Unprofessional conduct" includes, for an individual licensed under this chapter:
57          (a) the conduct that constitutes unprofessional conduct under Section 58-1-501;

58          (b) communicating to a third party, without the consent of the patient, information the
59     individual acquires in treating the patient, except as necessary for professional consultation
60     regarding treatment of the patient;
61          (c) allowing the individual's name or license to be used by an individual who is not
62     licensed to practice podiatry under this chapter;
63          (d) except as described in Section 58-5a-306, employing, directly or indirectly, any
64     unlicensed individual to practice podiatry;
65          (e) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs
66     the individual's ability to practice podiatry;
67          (f) unlawfully prescribing, selling, or giving away any prescription drug, including
68     controlled substances, as defined in Section 58-37-2;
69          (g) gross incompetency in the practice of podiatry;
70          (h) willfully and intentionally making a false statement or entry in hospital records,
71     medical records, or reports;
72          (i) willfully making a false statement in reports or claim forms to governmental
73     agencies or insurance companies with the intent to secure payment not rightfully due;
74          (j) willfully using false or fraudulent advertising; [and]
75          (k) conduct the division defines as unprofessional conduct by rule made in accordance
76     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.]; or
77          (l) falsely making an entry in, or altering, a medical record with the intent to conceal:
78          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
79     or an individual under the direction or control of an individual licensed under this chapter; or
80          (ii) conduct described in Subsections (6)(a) through (k) or Subsection 58-1-501(1).
81          Section 2. Section 58-16a-502 is amended to read:
82          58-16a-502. Unprofessional conduct.
83          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
84          (1) using or employing the services of an optometric assistant to assist a licensee in any
85     manner not in accordance with:

86          (a) the generally recognized practices and standards of ethics of the profession; or
87          (b) applicable state law or division rule;
88          (2) failure to refer a patient to an appropriate licensed practitioner when:
89          (a) the patient's condition does not respond to treatment; or
90          (b) the treatment is not within the scope of competence or licensure of the licensee;
91          (3) providing confidential information regarding a patient to any third party who does
92     not have a legal and professional ground for obtaining the information;
93          (4) knowingly prescribing, selling, giving away, or administering any prescription drug
94     unless:
95          (a) for a legitimate medical purpose;
96          (b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or
97     provided; and
98          (c) in compliance with Section 58-17b-309;
99          (5) giving or receiving directly or indirectly any fee, commission, rebate, or other
100     compensation for professional services not actually and personally rendered, except as part of a
101     legal relationship within a lawful professional partnership, corporation, or association;
102          (6) failure to transfer pertinent and necessary information from a patient's medical
103     records to another optometrist or physician when so requested by the patient or his
104     representative, as designated in writing; [or]
105          (7) failure to provide a contact lens prescription to a person who sells contact lenses in
106     accordance with Section 58-16a-306[.]; or
107          (8) falsely making an entry in, or altering, a medical record with the intent to conceal:
108          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
109     or an individual under the direction or control of an individual licensed under this chapter; or
110          (b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).
111          Section 3. Section 58-17b-502 is amended to read:
112          58-17b-502. Unprofessional conduct.
113          (1) "Unprofessional conduct" includes:

114          (a) willfully deceiving or attempting to deceive the division, the board, or their agents
115     as to any relevant matter regarding compliance under this chapter;
116          (b) except as provided in Subsection (2):
117          (i) paying or offering rebates to practitioners or any other health care providers, or
118     receiving or soliciting rebates from practitioners or any other health care provider; or
119          (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
120     bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
121     provider, for the purpose of obtaining referrals;
122          (c) misbranding or adulteration of any drug or device or the sale, distribution, or
123     dispensing of any outdated, misbranded, or adulterated drug or device;
124          (d) engaging in the sale or purchase of drugs or devices that are samples or packages
125     bearing the inscription "sample" or "not for resale" or similar words or phrases;
126          (e) except as provided in Section 58-17b-503 or Part 9, Charitable Prescription Drug
127     Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it has
128     left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
129     58-17b-503, or the manufacturer's sealed container, as defined in rule;
130          (f) an act in violation of this chapter committed by a person for any form of
131     compensation if the act is incidental to the person's professional activities, including the
132     activities of a pharmacist, pharmacy intern, or pharmacy technician;
133          (g) violating:
134          (i) the federal Controlled Substances Act, Title II, P.L. 91-513;
135          (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
136          (iii) rules or regulations adopted under either act;
137          (h) requiring or permitting pharmacy interns or technicians to engage in activities
138     outside the scope of practice for their respective license classifications, as defined in this
139     chapter and division rules made in collaboration with the board, or beyond their scope of
140     training and ability;
141          (i) administering:

142          (i) without appropriate training, as defined by rule;
143          (ii) without a physician's order, when one is required by law; and
144          (iii) in conflict with a practitioner's written guidelines or written protocol for
145     administering;
146          (j) disclosing confidential patient information in violation of the provisions of the
147     Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
148     1936, as amended, or other applicable law;
149          (k) engaging in the practice of pharmacy without a licensed pharmacist designated as
150     the pharmacist-in-charge;
151          (l) failing to report to the division any adverse action taken by another licensing
152     jurisdiction, government agency, law enforcement agency, or court for conduct that in
153     substance would be considered unprofessional conduct under this section;
154          (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
155     form which is regularly and commonly available from a manufacturer in quantities and
156     strengths prescribed by a practitioner;
157          (n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
158     when dispensing a self-administered hormonal contraceptive under a standing order; [and]
159          (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[.];
160     or
161          (p) falsely making an entry in, or altering, a medical record with the intent to conceal:
162          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
163     or an individual under the direction or control of an individual licensed under this chapter; or
164          (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1).
165          (2) Subsection (1)(b) does not apply to:
166          (a) giving or receiving a price discount based on purchase volume;
167          (b) passing along a pharmaceutical manufacturer's rebate; or
168          (c) providing compensation for services to a veterinarian.
169          (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter

170     61a, Utah Medical Cannabis Act:
171          (a) when registered as a pharmacy medical provider, as that term is defined in Section
172     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
173          (b) when acting as a state central patient portal medical provider, as that term is defined
174     in Section 26-61a-102, providing state central patient portal medical provider services.
175          (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
176     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
177     unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
178          Section 4. Section 58-31b-502 is amended to read:
179          58-31b-502. Unprofessional conduct.
180          (1) "Unprofessional conduct" includes:
181          (a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
182     diagnosis, personal effects, or any other matter about which the licensee is privileged to know
183     because of the licensee's or person with a certification's position or practice as a nurse or
184     practice as a medication aide certified;
185          (b) failure to provide nursing service or service as a medication aide certified in a
186     manner that demonstrates respect for the patient's human dignity and unique personal character
187     and needs without regard to the patient's race, religion, ethnic background, socioeconomic
188     status, age, sex, or the nature of the patient's health problem;
189          (c) engaging in sexual relations with a patient during any:
190          (i) period when a generally recognized professional relationship exists between the
191     person licensed or certified under this chapter and the patient; or
192          (ii) extended period when a patient has reasonable cause to believe a professional
193     relationship exists between the person licensed or certified under the provisions of this chapter
194     and the patient;
195          (d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
196     information about a patient or exploiting the licensee's or the person with a certification's
197     professional relationship between the licensee or holder of a certification under this chapter and

198     the patient; or
199          (ii) exploiting the patient by use of the licensee's or person with a certification's
200     knowledge of the patient obtained while acting as a nurse or a medication aide certified;
201          (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
202          (f) unauthorized taking or personal use of nursing supplies from an employer;
203          (g) unauthorized taking or personal use of a patient's personal property;
204          [(h) knowingly entering into any medical record any false or misleading information or
205     altering a medical record in any way for the purpose of concealing an act, omission, or record
206     of events, medical condition, or any other circumstance related to the patient and the medical or
207     nursing care provided;]
208          [(i)] (h) unlawful or inappropriate delegation of nursing care;
209          [(j)] (i) failure to exercise appropriate supervision of persons providing patient care
210     services under supervision of the licensed nurse;
211          [(k)] (j) employing or aiding and abetting the employment of an unqualified or
212     unlicensed person to practice as a nurse;
213          [(l)] (k) failure to file or record any medical report as required by law, impeding or
214     obstructing the filing or recording of such a report, or inducing another to fail to file or record
215     such a report;
216          [(m)] (l) breach of a statutory, common law, regulatory, or ethical requirement of
217     confidentiality with respect to a person who is a patient, unless ordered by a court;
218          [(n)] (m) failure to pay a penalty imposed by the division;
219          [(o)] (n) prescribing a Schedule II controlled substance without complying with the
220     requirements in Section 58-31b-803, if applicable;
221          [(p)] (o) violating Section 58-31b-801;
222          [(q)] (p) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b,
223     Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
224     if applicable; and
225          [(r)] (q) establishing or operating a pain clinic without a consultation and referral plan

226     for Schedule II or III controlled substances[.]; or
227          (r) falsely making an entry in, or altering, a medical record with the intent to conceal:
228          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
229     or an individual under the direction or control of an individual licensed under this chapter; or
230          (ii) conduct described in Subsections (1)(a) through (q) or Subsection 58-1-501(1).
231          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
232     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
233     is defined in Section 26-61a-102, recommending the use of medical cannabis.
234          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
235     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
236     unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
237          Section 5. Section 58-44a-502 is amended to read:
238          58-44a-502. Unprofessional conduct.
239          "Unprofessional conduct" includes:
240          (1) disregard for a patient's dignity or right to privacy as to [his] the patient's person,
241     condition, possessions, or medical record;
242          (2) engaging in an act, practice, or omission which when considered with the duties
243     and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or
244     welfare of a patient or the public;
245          (3) failure to confine one's practice as a certified nurse midwife to those acts or
246     practices permitted by law;
247          (4) failure to file or record any medical report as required by law, impeding or
248     obstructing the filing or recording of such a report, or inducing another to fail to file or record
249     such a report;
250          (5) breach of a statutory, common law, regulatory, or ethical requirement of
251     confidentiality with respect to a person who is a patient, unless ordered by the court;
252          (6) failure to pay a penalty imposed by the division;
253          (7) prescribing a schedule II-III controlled substance without a consulting physician;

254     [and]
255          (8) (a) failure to have and maintain a safe mechanism for obtaining medical
256     consultation, collaboration, and referral with a consulting physician, including failure to
257     identify one or more consulting physicians in the written documents required by Subsection
258     58-44a-102(9)(b)(iii); or
259          (b) representing that the certified nurse midwife is in compliance with Subsection
260     (8)(a) when the certified nurse midwife is not in compliance with Subsection (8)(a)[.]; or
261          (9) falsely making an entry in, or altering, a medical record with the intent to conceal:
262          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
263     or an individual under the direction or control of an individual licensed under this chapter; or
264          (b) conduct described in Subsections (1) through (8) or Subsection 58-1-501(1).
265          Section 6. Section 58-67-502 is amended to read:
266          58-67-502. Unprofessional conduct.
267          (1) "Unprofessional conduct" includes, in addition to the definition in Section
268     58-1-501:
269          (a) using or employing the services of any individual to assist a licensee in any manner
270     not in accordance with the generally recognized practices, standards, or ethics of the
271     profession, state law, or division rule;
272          (b) making a material misrepresentation regarding the qualifications for licensure under
273     Section 58-67-302.7 or Section 58-67-302.8;
274          (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
275     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [or]
276          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[.];
277     or
278          (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
279          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
280     or an individual under the direction or control of an individual licensed under this chapter; or
281          (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).

282          (2) "Unprofessional conduct" does not include:
283          (a) in compliance with Section 58-85-103:
284          (i) obtaining an investigational drug or investigational device;
285          (ii) administering the investigational drug to an eligible patient; or
286          (iii) treating an eligible patient with the investigational drug or investigational device;
287     or
288          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
289          (i) when registered as a qualified medical provider, as that term is defined in Section
290     26-61a-102, recommending the use of medical cannabis;
291          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
292     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
293          (iii) when registered as a state central patient portal medical provider, as that term is
294     defined in Section 26-61a-102, providing state central patient portal medical provider services.
295          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
296     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
297     unprofessional conduct for a physician described in Subsection (2)(b).
298          Section 7. Section 58-68-502 is amended to read:
299          58-68-502. Unprofessional conduct.
300          (1) "Unprofessional conduct" includes, in addition to the definition in Section
301     58-1-501:
302          (a) using or employing the services of any individual to assist a licensee in any manner
303     not in accordance with the generally recognized practices, standards, or ethics of the
304     profession, state law, or division rule;
305          (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
306     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
307          (c) making a material misrepresentation regarding the qualifications for licensure under
308     Section 58-68-302.5; [or]
309          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[.];

310     or
311          (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
312          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
313     or an individual under the direction or control of an individual licensed under this chapter; or
314          (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
315          (2) "Unprofessional conduct" does not include:
316          (a) in compliance with Section 58-85-103:
317          (i) obtaining an investigational drug or investigational device;
318          (ii) administering the investigational drug to an eligible patient; or
319          (iii) treating an eligible patient with the investigational drug or investigational device;
320     or
321          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
322          (i) when registered as a qualified medical provider, as that term is defined in Section
323     26-61a-102, recommending the use of medical cannabis;
324          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
325     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
326          (iii) when registered as a state central patient portal medical provider, as that term is
327     defined in Section 26-61a-102, providing state central patient portal medical provider services.
328          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
329     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
330     unprofessional conduct for a physician described in Subsection (2)(b).
331          Section 8. Section 58-69-502 is amended to read:
332          58-69-502. Unprofessional conduct.
333          (1) "Unprofessional conduct" includes, in addition to the definition in Section
334     58-1-501:
335          (a) sharing professional fees with an unlicensed person or paying any person for
336     sending or referring a patient;
337          (b) making an unsubstantiated claim of superiority in training or skill as a dentist or

338     dental hygienist or in the performance of professional services;
339          (c) refusing authorized agents of the division or state or local health authorities access
340     to the facilities related to the practice of dentistry or dental hygiene during normal business
341     hours for the purpose of inspection; [and]
342          (d) failing to maintain facilities, instruments, equipment, supplies, appliances, or other
343     property or conditions related to the practice of dentistry in a sanitary condition consistent with
344     the standards and ethics of the professions of dentistry or dental hygiene[.]; or
345          (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
346          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
347     or an individual under the direction or control of an individual licensed under this chapter; or
348          (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
349          (2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority:
350          (a) includes for the practice of dentistry:
351          (i) advertising or otherwise holding oneself out to the public as practicing a dental
352     specialty in which the dentist has not successfully completed the education specified for the
353     dental specialty as defined by the American Dental Association; and
354          (ii) using the following words in advertising "Endodontist," "Orthodontist," "Oral and
355     Maxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice Limited to,"
356     "Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when the dentist has not
357     successfully completed the education specified for the dental specialty as defined by the
358     American Dental Association; and
359          (b) does not include a dentist who advertises as being qualified in a recognized
360     specialty area of dental practice so long as each such advertisement, regardless of form,
361     contains a prominent disclaimer that the dentist is licensed as a general dentist or that the
362     specialty services will be provided by a general dentist.
363          Section 9. Section 58-70a-503 is amended to read:
364          58-70a-503. Unprofessional conduct.
365          (1) "Unprofessional conduct" includes:

366          (a) violation of a patient confidence to any person who does not have a legal right and a
367     professional need to know the information concerning the patient;
368          (b) knowingly prescribing, selling, giving away, or directly or indirectly administering,
369     or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for
370     a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts
371     prescribed or provided;
372          (c) prescribing prescription drugs for oneself or administering prescription drugs to
373     oneself, except those that have been legally prescribed for the physician assistant by a licensed
374     practitioner and that are used in accordance with the prescription order for the condition
375     diagnosed;
376          (d) failure to maintain at the practice site a delegation of services agreement that
377     accurately reflects current practices;
378          (e) failure to make the delegation of services agreement available to the division for
379     review upon request;
380          (f) in a practice that has physician assistant ownership interests, failure to allow the
381     supervising physician the independent final decision making authority on patient treatment
382     decisions, as set forth in the delegation of services agreement or as defined by rule; [and]
383          (g) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
384     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[.]; or
385          (h) falsely making an entry in, or altering, a medical record with the intent to conceal:
386          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
387     or an individual under the direction or control of an individual licensed under this chapter; or
388          (ii) conduct described in Subsections (1)(a) through (g) or Subsection 58-1-501(1).
389          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
390     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
391     is defined in Section 26-61a-102, recommending the use of medical cannabis.
392          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
393     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define

394     unprofessional conduct for a physician assistant described in Subsection (2).
395          Section 10. Section 58-71-502 is amended to read:
396          58-71-502. Unprofessional conduct.
397          "Unprofessional conduct" includes:
398          (1) using or employing the services of any individual to assist a licensee in any manner
399     not in accordance with the generally recognized practices, standards, or ethics of the
400     profession, state law, or division rule[.]; or
401          (2) falsely making an entry in, or altering, a medical record with the intent to conceal:
402          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
403     or an individual under the direction or control of an individual licensed under this chapter; or
404          (b) conduct described in Subsection (1) or Subsection 58-1-501(1).
405          Section 11. Section 58-83-502 is amended to read:
406          58-83-502. Unprofessional conduct.
407          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
408     as may be further defined by administrative rule:
409          (1) except as provided in Section 58-83-306, online prescribing, dispensing, or
410     facilitation with respect to a person under the age of 18 years;
411          (2) using the name or official seal of the state, the Utah Department of Commerce, or
412     the Utah Division of Occupational and Professional Licensing, or their boards, in an
413     unauthorized manner;
414          (3) failing to respond promptly to a request by the division for information including:
415          (a) an audit of the website; or
416          (b) records of the online prescriber, the Internet facilitator, or the online contract
417     pharmacy;
418          (4) using an online prescriber, online contract pharmacy, or Internet facilitator without
419     approval of the division;
420          (5) failing to inform a patient of the patient's freedom of choice in selecting who will
421     dispense a prescription in accordance with Subsection 58-83-305(1)(n);

422          (6) failing to keep the division informed of the name and contact information of the
423     Internet facilitator or online contract pharmacy; [and]
424          (7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
425     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy[.]; or
426          (8) falsely making an entry in, or altering, a medical record with the intent to conceal:
427          (a) a wrongful or negligent act or omission of an individual licensed under this chapter
428     or an individual under the direction or control of an individual licensed under this chapter; or
429          (b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).