Section R156-4a-103a - UPHP Eligibility and Entry(1) Under Subsection 58-4a-103(2)(a) and Section 58-4a-105, each licensee applying to participate in the UPHP shall complete the following steps in accordance with UPHP eligibility process policies and procedures, including time deadlines: (a) complete an intake session;(b) complete a comprehensive clinical evaluation;(c) comply with toxicology testing as requested by the UPHP;(d) submit documentation satisfactory to the UPHP that the licensee meets UPHP eligibility criteria;(e) comply with additional eligibility process requirements as determined by the UPHP, including for example one or more of the following: (i) practice accommodations or limitations; (ii) increased frequency of toxicology testing; or(iii) restrictions on access to mind or mood altering substances and use of medication treatment; and(f) execute a program contract.(2) A licensee may not participate in the UPHP if:(a) the licensee has harmed a patient by providing care below the expected standard of care that resulted in an adverse consequence for the patient;(b) the licensee has engaged in unlawful conduct or unprofessional conduct as defined by statute or rule under Title 58, Occupations and Professions, with respect to: (i) a criminal sexual act; or(ii) a boundary violation that the licensee's comprehensive clinical evaluation determines is unrelated to the licensee's substance use disorder;(c) the licensee has a currently active or pending criminal action, adjudicative proceeding, or charge alleging: (i) a criminal sexual act; or(ii) a boundary violation that the licensee's comprehensive clinical evaluation determines is unrelated to the licensee's substance use disorder;(d) the licensee's license to practice in another jurisdiction was surrendered while under investigation, or is currently publicly conditioned, curtailed, limited, restricted, suspended, on probation, or otherwise subject to public discipline; or(e) the UPHP otherwise determines that the licensee is not a good candidate for participation in UPHP.(3) Intake session procedures shall include the following:(a) the UPHP shall: (i) provide UPHP information to the licensee, to include UPHP confidentiality and its limits and the types of information the UPHP is mandated to and will report to a regulatory authority including the Division;(ii) gather information about the circumstances that led the licensee to contact the UPHP;(iii) gather clinical information regarding the licensee's potential substance use disorder, to include a preliminary diagnosis and need for immediate treatment;(iv) determine if the licensee may be eligible for participation in the UPHP, and if the UPHP may be mandated to report licensee information to a regulatory authority, and discuss this information with the licensee; and(v) if the UPHP determines that the licensee may be eligible for participation in the UPHP, the UPHP shall provide the licensee with a list of UPHP approved evaluators.(b) the licensee shall complete an initial Release of Information that includes evaluators and additional sources as determined by the UPHP.(4) The licensee's comprehensive clinical evaluation shall be completed by: (a) a multidisciplinary team at an evaluation center that has established expertise in the assessment of healthcare providers or other safety-sensitive professions with substance use disorders; or(b) a qualified specialist approved by UPHP.(5)(a) The licensee shall obtain the required comprehensive clinical evaluation within 30 days after the day of the licensee's intake session.(b) The UPHP may grant an extension of time to a licensee to obtain the comprehensive clinical evaluation if:(i) there is a lack of available evaluators or a waiting list to access an evaluation;(ii) the licensee needs further evaluation; or(iii) upon reasonable cause as determined by the UPHP.(6)(a) An evaluator shall provide the licensee's comprehensive clinical evaluation report to the UPHP.(b) An evaluator may not recommend a specific treatment provider for a licensee.(7) The UPHP shall make the final determination of a licensee's eligibility to participate in the UPHP based upon the UPHP's review of: (a) the licensee's comprehensive clinical evaluation report, treatment records, and other applicable medical records;(b) the licensee's documentation that the licensee meets the UPHP eligibility criteria; and(c) other information determined relevant by the UPHP to the licensee's participation.(8)(a) After the UPHP determines a licensee is eligible to participate in the UPHP, the UPHP shall develop the terms and conditions of the licensee's program contract and offer the program contract to the licensee.(b)(i) A licensee shall meet with the UPHP to review and execute the program contract within 30 days after the day the UPHP offers the program contract to the licensee.(ii) The UPHP may grant an extension of time to a licensee to execute the program contract upon reasonable cause as determined by the UPHP.(9)(a) The following do not constitute disciplinary action by the Division, and the Division may not report them to a disciplinary database: (i) a licensee's execution of a program contract; or(ii) a licensee's agreement with the UPHP to comply with practice accommodations or limitations under Subsection R156-4a-103a(1).(b) Notwithstanding Subsection (9)(a), to the extent required by statute or rule pertaining to a compact in which Utah is a member, the UPHP may report non-confidential data to a compact database.Utah Admin. Code R156-4a-103a
Adopted by Utah State Bulletin Number 2021-23, effective 11/23/2021