State Codes and Statutes
Statutes > Utah > Title-58 > Chapter-68 > 58-68-60158-68-601. Mentally incompetent or incapacitated osteopathic physician.
(1) As used in this section:
(a) "Incapacitated person" has the same definition as in Section 75-1-201.
(b) "Mentally ill" has the same definition as in Section 62A-15-602.
(2) If a court of competent jurisdiction determines an osteopathic physician and surgeonis an incapacitated person or that the physician or surgeon is mentally ill and unable to safelyengage in the practice of medicine, the director shall immediately suspend the license of theosteopathic physician and surgeon upon the entry of the judgment of the court, without furtherproceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether anappeal from the court's ruling is pending. The director shall promptly notify the osteopathicphysician and surgeon, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe anosteopathic physician and surgeon, who is not determined judicially to be an incapacitated personor to be mentally ill, is incapable of practicing osteopathic medicine with reasonable skillregarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as aresult of any mental or physical condition, the board shall recommend that the director file apetition with the division, and cause the petition to be served upon the osteopathic physician andsurgeon with a notice of hearing on the sole issue of the capacity of the osteopathic physician andsurgeon to competently and safety engage in the practice of medicine.
(b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4,Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every osteopathic physician and surgeon who accepts the privilege of beinglicensed under this chapter gives consent to:
(i) submitting at the physician's or surgeon's own expense to an immediate mental orphysical examination when directed in writing by the division and a majority of the board to doso; and
(ii) the admissibility of the reports of the examining physician's testimony orexamination, and waives all objections on the ground the reports constitute a privilegedcommunication.
(b) The examination may be ordered by the division, with the consent of a majority of theboard, only upon a finding of reasonable cause to believe:
(i) the osteopathic physician and surgeon is mentally ill or incapacitated or otherwiseunable to practice medicine with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to theosteopathic physician and surgeon's patients or the general public.
(c) (i) Failure of an osteopathic physician and surgeon to submit to the examinationordered under this section is a ground for the division's immediate suspension of the osteopathicphysician and surgeon's license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit tothe examination ordered under this section was due to circumstances beyond the control of theosteopathic physician and surgeon and was not related directly to the illness or incapacity of theosteopathic physician and surgeon.
(5) (a) An osteopathic physician and surgeon whose license is suspended underSubsection (2) or (3) has the right to a hearing to appeal the suspension within 10 days after the
license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance withSections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists forthe continuance of the order of suspension in order to prevent harm to the osteopathic physicianand surgeon's patients or the general public.
(6) An osteopathic physician and surgeon whose license is revoked, suspended, or in anyway restricted under this section may request the division and the board to consider, at reasonableintervals, evidence presented by the osteopathic physician and surgeon, under proceduresestablished by division rule, regarding any change in the osteopathic physician and surgeon'scondition, to determine whether:
(a) the physician or surgeon is or is not able to safely and competently engage in thepractice of medicine; and
(b) the physician or surgeon is qualified to have the physician's or surgeon's license topractice under this chapter restored completely or in part.
Amended by Chapter 382, 2008 General Session
