Section 58-68-502 - Unprofessional conduct(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501: (a) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession, state law, or division rule;(b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;(c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5;(d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;(e) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;(f) falsely making an entry in, or altering, a medical record with the intent to conceal: (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or(ii) conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1);(g) performing or causing to be performed, upon an individual who is less than 18 years old: (i) a primary sex characteristic surgical procedure; or(ii) a secondary sex characteristic surgical procedure; or(h) designating a child as do not resuscitate without parental consent.(2) "Unprofessional conduct" does not include:(a) in compliance with Section 58-85-103: (i) obtaining an investigational drug or investigational device;(ii) administering the investigational drug to an eligible patient; or(iii) treating an eligible patient with the investigational drug or investigational device; or(b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis: (i) when registered as a qualified medical provider or acting as a limited medical provider, as those terms are defined in Section 26B-4-201, recommending the use of medical cannabis; or(ii) when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy.(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).Amended by Chapter 237, 2024 General Session ,§ 3, eff. 5/1/2024.Amended by Chapter 329, 2023 General Session ,§ 39, eff. 5/3/2023.Amended by Chapter 317, 2023 General Session ,§ 28, eff. 5/3/2023.Amended by Chapter 301, 2023 General Session ,§ 12, eff. 5/3/2023.Amended by Chapter 2, 2023 General Session ,§ 7, eff. 1/28/2023.Amended by Chapter 337, 2021 General Session ,§ 20, eff. 3/17/2021.Amended by Chapter 25, 2020 General Session ,§ 7, eff. 5/12/2020.Amended by Chapter 5, 2019SP1 General Session ,§ 60, eff. 9/23/2019.Amended by Chapter 1, 2018SP3 General Session ,§ 125, eff. 12/3/2018.Amended by Chapter 299, 2017 General Session ,§ 12, eff. 7/1/2018.Amended by Chapter 206, 2015 General Session ,§ 4, eff. 7/1/2015.Amended by Chapter 110, 2015 General Session ,§ 4, eff. 5/12/2015.Amended by Chapter 72, 2014 General Session ,§ 19, eff. 7/1/2014.Amended by Chapter 234, 2012 General Session ,§ 6, eff. 5/8/2012.Enacted by Chapter 248, 1996 General Session