1
2
3
4
5
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; [
75 (k) conduct the division defines as unprofessional conduct by rule made in accordance
76 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
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; [
105 (7) failure to provide a contact lens prescription to a person who sells contact lenses in
106 accordance with Section 58-16a-306[
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; [
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 [
205
206
207
208 [
209 [
210 services under supervision of the licensed nurse;
211 [
212 unlicensed person to practice as a nurse;
213 [
214 obstructing the filing or recording of such a report, or inducing another to fail to file or record
215 such a report;
216 [
217 confidentiality with respect to a person who is a patient, unless ordered by a court;
218 [
219 [
220 requirements in Section 58-31b-803, if applicable;
221 [
222 [
223 Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
224 if applicable; and
225 [
226 for Schedule II or III controlled substances[
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 [
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 [
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)[
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; [
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; [
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; [
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[
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; [
383 (g) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
384 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[
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[
401 (2) falsely making an entry in, or altering, a medical record with the intent to conceal:
402 (i) 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 (ii) 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; [
424 (7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
425 Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy[
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).