State Codes and Statutes
Statutes > Utah > Title-58 > Chapter-69 > 58-69-60158-69-601. Mentally incompetent or incapacitated dentist or dental hygienist.
(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 a dentist or dental hygienist is anincapacitated person or that the dentist or hygienist is mentally ill and unable to safely engage inthe practice of dentistry or dental hygiene, the director shall immediately suspend the license ofthe dentist or dental hygienist 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 dentist or dentalhygienist, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe adentist or dental hygienist, who is not determined judicially to be an incapacitated person or to bementally ill, is incapable of practicing dentistry or dental hygiene with reasonable skill regardingthe safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of anymental or physical condition, the board shall recommend that the director file a petition with thedivision, and cause the petition to be served upon the dentist or dental hygienist with a notice ofhearing on the sole issue of the capacity of the dentist or dental hygienist to competently andsafely engage in the practice of dentistry or dental hygiene.
(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 dentist or dental hygienist who accepts the privilege of being licensed underthis chapter gives consent to:
(i) submitting at the dentist or dental hygienist'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 practitioner'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 dentist or dental hygienist is mentally ill or incapacitated or otherwise unable topractice dentistry or dental hygiene with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to thedentist's or dental hygienist's patients or the general public.
(c) (i) Failure of a dentist or dental hygienist to submit to the examination ordered underthis section is a ground for the division's immediate suspension of the dentist's or dentalhygienist'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 thedentist or dental hygienist and was not related directly to the illness or incapacity of the dentist ordental hygienist.
(5) (a) A dentist or dental hygienist whose license is suspended under Subsection (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 dentist's or dentalhygienist's patients or the general public.
(6) A dentist or dental hygienist whose license is revoked, suspended, or in any wayrestricted under this section may request the division and the board to consider, at reasonableintervals, evidence presented by the dentist or dental hygienist, under procedures established bydivision rule, regarding any change in the dentist's or dental hygienist's condition, to determinewhether:
(a) the dentist or dental hygienist is or is not able to safely and competently engage in thepractice of dentistry or dental hygiene; and
(b) the dentist or dental hygienist is qualified to have the dentist or dental hygienist'slicensure to practice under this chapter restored completely or in part.
Amended by Chapter 382, 2008 General Session
