Utah Admin. Code 156-1-302

Current through Bulletin 2024-08, April 15, 2024

Section R156-1-302 - Consideration of Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition

(1) In accordance with Section 58-1-401, this section applies in circumstances where an applicant or licensee:

(a) is not automatically disqualified from licensure pursuant to statute; and

(b)

(i) has past unlawful or unprofessional conduct; or

(ii) as described in Subsection 58-1-401(2)(d), may be unable to practice the occupation or profession with reasonable skill and safety because of an illness, a substance use disorder or a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety, or welfare.

(2) In a circumstance described in Subsection (1), the following factors are relevant to a licensing decision:

(a) aggravating circumstances, as defined in Subsection R156-1-102(2);

(b) mitigating circumstances, as defined in Subsection R156-1-102(15);

(c) the degree of risk to the public health, safety or welfare;

(d) the degree of risk that a conduct will be repeated;

(e) the degree of risk that a condition will continue;

(f) the magnitude of the conduct or condition as it relates to the harm or potential harm;

(g) the length of time since the last conduct or condition has occurred;

(h) the current criminal probationary or parole status of the applicant or licensee;

(i) the current administrative status of the applicant or licensee;

(j) results of previously submitted applications, for any regulated profession or occupation;

(k) results from any action, taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association;

(l) evidence presented indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare;

(m) psychological evaluations; or

(n) any other information the Division or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety, or welfare.

Utah Admin. Code R156-1-302

Amended by Utah State Bulletin Number 2015-22, effective 10/22/2015

Amended by Utah State Bulletin Number 2021-07, effective 3/25/2021