Utah Admin. Code 156-37-502

Current through Bulletin 2024-20, October 15, 2024
Section R156-37-502 - Unprofessional Conduct

"Unprofessional conduct" includes:

(1) as a licensee with authority to prescribe or administer controlled substances:
(a) prescribing or administering to oneself any Schedule II or III controlled substance that is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug;
(b) prescribing or administering a controlled substance for a condition that the licensee is not licensed or competent to treat;
(2) violating a federal or state law relating to controlled substances;
(3) failing to deliver to the Division each controlled substance license certificate issued by the Division upon an action that revokes, suspends, or limits the license;
(4) failing to maintain controls over controlled substances that a prudent licensee would maintain as effective against diversion, theft, or shortage of controlled substances;
(5) failing to account for shortages of controlled substance inventory for which the licensee has responsibility;
(6) knowingly prescribing, selling, giving away, or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away, or administer any controlled substance to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except for legitimate medical purposes as permitted by law;
(7) refusing to make available for inspection controlled substance stock, inventory, or records as required under Rule R156-37 or other law regulating controlled substances and controlled substance records;
(8) failing to submit controlled substance prescription information to the Database Manager after being notified in writing by the Division to do so;
(9) failing to get a DEA registration within the time frame in Section R156-37-305;
(10) as a prescribing practitioner, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37-22(1)(d) that is reasonably within the prescribing practitioner's control; or
(11) as a pharmacy, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37-22(1)(d) that is reasonably within the pharmacy's control.

Utah Admin. Code R156-37-502

Amended by Utah State Bulletin Number 2015-6, effective 2/24/2015
Amended by Utah State Bulletin Number 2016-10, effective 4/21/2016
Amended by Utah State Bulletin Number 2018-1, effective 12/11/2017
Amended by Utah State Bulletin Number 2023-02, effective 1/5/2023