Utah Admin. Code 156-1-102

Current through Bulletin 2024-23, December 1, 2024

Section R156-1-102 - Definitions

Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act. In addition:

(1)

(a) "Active and in good standing" means a licensure status that allows the licensee full privileges to engage in the practice of the profession subject to the scope of the licensee's license classification.

(b) A license that has been placed on probation subject to terms and conditions is not active and in good standing.

(2)

(a) "Aggravating circumstances" means any consideration or factors that may justify an increase in the severity of an action to be imposed upon an applicant or licensee.

(b) "Aggravating circumstances" include the following:

(i) prior record of disciplinary action, unlawful conduct, or unprofessional conduct;

(ii) dishonest or selfish motive;

(iii) pattern of misconduct;

(iv) multiple offenses;

(v) obstruction of the disciplinary process by intentionally failing to comply with rules or orders of the Division;

(vi) submission of false evidence, false statements, or engaging in other deceptive practices, including creating, destroying, or altering records;

(vii) refusal to acknowledge the wrongful nature of the misconduct involved, either to the client or to the Division;

(viii) vulnerability of the victim;

(ix) lack of good faith to make restitution or to rectify the consequences of the misconduct;

(x) illegal conduct, including the use of controlled substances; or

(xi) intimidation or threats of withholding client records or other detrimental consequences if the client reports or testifies regarding the unprofessional or unlawful conduct.

(3) "Cancel" or "cancellation" means nondisciplinary action by the Division to rescind, repeal, annul, or void a license:

(a) issued to a licensee in error, such as where a license is issued to an applicant:

(i) whose payment of the required application fee is dishonored when presented for payment;

(ii) who has been issued a conditional license pending a criminal background check and the check cannot be completed due to the applicant's failure to resolve an outstanding warrant or to submit acceptable fingerprint cards; or

(iii) who has been issued the wrong classification of licensure; or

(b) not issued in error, but the licensee fails to maintain the ongoing qualifications for licensure and the failure is not defined as unprofessional conduct or unlawful conduct.

(4) "Charges" means the acts or omissions alleged to constitute either unprofessional or unlawful conduct or both by a licensee, that serve as the basis to consider a licensee for inclusion in the Utah Professionals Health Program authorized in Title 58, Chapter 4a, Utah Professionals Health Program.

(5)

(a) "Cheating" means the use of any means or instrumentality by or for the benefit of a candidate to alter exam results to inaccurately represent the competency of a candidate with respect to the knowledge or skills about which the candidate is examined.

(b) "Cheating" includes:

(i) for a candidate during an exam:

(A) communication about the exam with another candidate inside the exam room or facility;

(B) communication about the exam with anyone outside of the exam room or facility;

(C) copying or looking at another candidate's answers;

(D) allowing another candidate to copy or look at the candidate's answers;

(E) use of any item, material, or device that is not specifically authorized for use in the exam; or

(F) unauthorized tampering with exam equipment or materials;

(ii) allowing access to exam questions or answers if not authorized by the Division;

(iii) taking or attempting to take an exam for another individual;

(iv) obtaining, using, disclosing, buying, selling, possessing, or having access to any part of a Division exam without written authorization from the Division or its contracted vendor;

(v) violating an exam confidentiality agreement; or

(vi) attesting that the candidate meets the qualifications to sit for an exam if the candidate knows or reasonable should know that the candidate does not meet the qualifications.

(c) "Cheating" is unlawful conduct under Subsection 58-1-501(1)(e) and unprofessional conduct under Subsection 58-1-501(2)(a)(viii).

(6) "Conditional licensure" means an interim non-adverse licensure action, in which a license is issued to an applicant for initial, renewal, or reinstatement of licensure on a conditional basis in accordance with Section R156-1-308f, while an investigation, inspection, or audit is pending.

(7) "Denial of licensure" means action by the Division refusing to issue a license to an applicant for initial licensure, renewal of licensure, reinstatement of licensure, or relicensure.

(8)

(a) "Disciplinary action" means adverse licensure action by the Division under the authority of Subsection 58-1-401(2)(a) or (b).

(b) "Disciplinary action" as used in Subsection 58-1-401(6):

(i) means an adverse licensure action initiated by the Division; and

(ii) does not mean an adverse licensure action taken by the Division in response to an application for licensure.

(9) "Duplicate license" means a license reissued to replace a license that has been lost, stolen, or mutilated.

(10) "Emergency review committee" means an emergency adjudicative proceedings review committee created by the Division under the authority of Subsection 58-1-108(2).

(11) "Expire" or "expiration" means the automatic termination of a license that occurs:

(a) at the expiration date shown upon a license if the licensee fails to renew the license before the expiration date; or

(b) before the expiration date shown on the license:

(i) upon the death of a licensee who is a natural person;

(ii) upon the dissolution of a licensee that is a business structure such as a partnership, corporation, or other business entity; or

(iii) upon the issuance of a new license that supersedes an old license, including a license that:

(A) replaces a temporary license;

(B) replaces a student or other interim license that is limited to one or more renewals or other renewal limitation; or

(C) is issued to a licensee in an upgraded classification permitting the licensee to engage in a broader scope of practice in the licensed occupation or profession.

(12) "Home telephone number" in Section 58-1-106 or R156-1-106 includes a licensee's personal cell phone number.

(13) "Home address" in Section 58-1-106 or R156-1-106 may include a licensee's mailing address or email address.

(14) "Inactive" or "inactivation" means action by the Division to place a license on inactive status in accordance with Section 58-1-305 and Section R156-1-305.

(15) "Investigative subpoena authority" means the Division assistant director or legal analyst, or an alternate designated by the director in writing.

(16) "License" means a right or privilege to engage in the practice of a regulated profession as a licensee.

(17) "Limit" or "limitation" means nondisciplinary action placing either terms and conditions or restrictions, or both upon a license:

(a) issued to an applicant for initial licensure, renewal, or reinstatement of licensure, or relicensure; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(18) "Mitigating circumstances" means any consideration or factors that may justify a reduction in the severity of an action to be imposed upon an applicant or licensee.

(a) Mitigating circumstances include:

(i) absence of prior record of disciplinary action, unlawful conduct or unprofessional conduct;

(ii) personal, mental, or emotional problems if the problems have not posed a risk to the health, safety, or welfare of the public or clients served, such as drug or alcohol abuse while working or similar situations where the licensee or applicant should know that they should refrain from engaging in activities that may pose such a risk;

(iii) timely and good faith effort to make restitution or rectify the consequences of the misconduct involved;

(iv) full and free disclosure to the client or Division before the discovery of any misconduct;

(v) inexperience in the practice of the profession, that is not the result of failure to obtain appropriate education or consultation that the applicant or licensee should have known they should obtain before beginning work on a particular matter;

(vi) imposition of other penalties or sanctions if the other penalties and sanctions have alleviated threats to the public health, safety, and welfare; and

(vii) remorse.

(b) The following factors may not be considered as mitigating circumstances:

(i) forced or compelled restitution;

(ii) withdrawal of complaint by client or other affected persons;

(iii) resignation before disciplinary proceedings;

(iv) failure of injured client to complain;

(v) complainant's recommendation as to sanction; or

(vi) in an informal disciplinary proceeding brought pursuant to Subsection 58-1-501(2)(a)(iii), or 58-1-501(2)(a)(iv), or Section R156-1-501:

(A) argument that a prior proceeding was conducted unfairly, contrary to law, or in violation of due process or any other procedural safeguard;

(B) argument that a prior finding or sanction was contrary to the evidence or entered without due consideration of relevant evidence;

(C) argument that a respondent was not adequately represented by counsel in a prior proceeding; and

(D) argument or evidence that former statements of a respondent made in conjunction with a plea or settlement agreement are not true.

(19) "Nondisciplinary action" means adverse licensure action by the Division under the authority of Subsection 58-1-401(1) or 58-1-401(2)(c) or (d).

(20) "Peer committee" mean an advisory peer committee to a board that is created by the Legislature in Title 58, Occupations and Professions, or created by the Division under the authority of Subsection 58-1-203(1)(f).

(21) "Probation" means disciplinary action placing terms and conditions upon a license:

(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(22) "Public reprimand" means disciplinary action to formally reprove or censure a licensee for unprofessional or unlawful conduct, with the documentation of the action being classified as a public record.

(23) "Regulatory authority" as used in Subsection 58-1-501(2)(a)(iv) and this rule means any governmental entity that licenses, certifies, registers, or otherwise regulates persons subject to its jurisdiction, or grants the right to practice before or otherwise do business with the governmental entity.

(24) "Reinstate" or "reinstatement" means to:

(a) activate an expired license; or

(b) restore a license that is restricted as defined in Subsection (26)(b), suspended, or on probation, to a less restrictive license or an active in good standing license.

(25) "Relicense" or "relicensure" means to license an applicant who has previously been revoked or has previously surrendered a license.

(26) "Restrict" or "restriction" means disciplinary action qualifying or limiting the scope of a license:

(a) issued to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-304; or

(b) issued to a licensee in place of the licensee's current license or disciplinary status.

(27) "Revoke" or "revocation" means disciplinary action by the Division extinguishing a license.

(28) "Suspend" or "suspension" means disciplinary action by the Division removing the right to use a license for a period or indefinitely as indicated in the disciplinary order, with the possibility of subsequent reinstatement of the right to use the license.

(29) "Surrender" means voluntary action by a licensee giving back or returning to the Division in accordance with Section 58-1-306, the rights and privileges associated with a license issued to the licensee.

(30) "Temporary license" or "temporary licensure" means a license issued by the Division on a temporary basis to an applicant for initial licensure, renewal or reinstatement of licensure, or relicensure in accordance with Section 58-1-303.

(31) "Unprofessional conduct" as defined in Title 58, Occupations and Professions is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-1-501.

(32) A "warning or final disposition letter that does not constitute disciplinary action" as used in Subsection 58-1-108(3) means a letter that does not contain findings of fact or conclusions of law and does not constitute a reprimand, but that may address one or more of the following:

(a) Division concerns;

(b) allegations upon which those concerns are based;

(c) potential for administrative or judicial action; or

(d) disposition of Division concerns.

Utah Admin. Code R156-1-102

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

Amended by Utah State Bulletin Number 2018-9, effective 4/9/2018

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

Amended by Utah State Bulletin Number 2024-09, effective 4/23/2024