58-17b-504 - Penalty for unlawful or unprofessional conduct -- Fines -- Citations. - Utah Statutes

58-17b-504. Penalty for unlawful or unprofessional conduct -- Fines -- Citations.
(1) Any person who violates any of the unlawful conduct provisions of Subsection58-1-501(1)(a)(i) and Subsections 58-17b-501(7) and (11) is guilty of a third degree felony.
(2) Any person who violates any of the unlawful conduct provisions of Subsection58-1-501(1)(a)(ii), Subsections 58-1-501(1)(b) through (e), and Section 58-17b-501, exceptSubsections 58-17b-501(7) and (11), is guilty of a class A misdemeanor.
(3) (a) Subject to Subsection (5) and in accordance with Section 58-17b-401, for acts ofunprofessional or unlawful conduct, the division may:
(i) assess administrative penalties; and
(ii) take any other appropriate administrative action.
(b) An administrative penalty imposed pursuant to this section shall be deposited in theGeneral Fund as a dedicated credit to be used by the division for pharmacy licensee educationand enforcement as provided in Section 58-17b-505.
(4) If a licensee has been convicted of violating Section 58-17b-501 prior to anadministrative finding of a violation of the same section, the licensee may not be assessed anadministrative fine under this chapter for the same offense for which the conviction wasobtained.
(5) (a) If upon inspection or investigation, the division concludes that a person hasviolated the provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah ControlledSubstances Act, Chapter 1, Division of Occupational and Professional Licensing Act, or any ruleor order issued with respect to these provisions, and that disciplinary action is appropriate, thedirector or the director's designee from within the division shall promptly issue a citation to theperson according to this chapter and any pertinent rules, attempt to negotiate a stipulatedsettlement, or notify the person to appear before an adjudicative proceeding conducted underTitle 63G, Chapter 4, Administrative Procedures Act.
(b) Any person who is in violation of the provisions of Section 58-17b-501 or58-17b-502, Chapter 37, Utah Controlled Substances Act, Chapter 1, Division of Occupationaland Professional Licensing Act, or any rule or order issued with respect to these provisions, asevidenced by an uncontested citation, a stipulated settlement, or a finding of violation in anadjudicative proceeding, may be assessed a fine pursuant to this Subsection (5) of up to $10,000per single violation or up to $2,000 per day of ongoing violation, whichever is greater, inaccordance with a fine schedule established by rule, and may, in addition to or in lieu of, beordered to cease and desist from violating the provisions of Section 58-17b-501 or 58-17b-502,Chapter 37, Utah Controlled Substances Act, Chapter 1, Division of Occupational andProfessional Licensing Act, or any rule or order issued with respect to these provisions.
(c) Except for an administrative fine and a cease and desist order, the licensure sanctionscited in Section 58-17b-401 may not be assessed through a citation.
(d) Each citation shall be in writing and specifically describe with particularity the natureof the violation, including a reference to the provision of the chapter, rule, or order alleged tohave been violated. The citation shall clearly state that the recipient must notify the division inwriting within 20 calendar days of service of the citation in order to contest the citation at ahearing conducted under Title 63G, Chapter 4, Administrative Procedures Act. The citation shallclearly explain the consequences of failure to timely contest the citation or to make payment ofany fines assessed by the citation within the time specified in the citation.
(e) Each citation issued under this section, or a copy of each citation, may be served upon

any person upon whom a summons may be served:
(i) in accordance with the Utah Rules of Civil Procedure;
(ii) personally or upon the person's agent by a division investigator or by any personspecially designated by the director; or
(iii) by mail.
(f) If within 20 calendar days from the service of a citation, the person to whom thecitation was issued fails to request a hearing to contest the citation, the citation becomes the finalorder of the division and is not subject to further agency review. The period to contest thecitation may be extended by the division for cause.
(g) The division may refuse to issue or renew, suspend, revoke, or place on probation thelicense of a licensee who fails to comply with the citation after it becomes final.
(h) The failure of an applicant for licensure to comply with a citation after it becomesfinal is a ground for denial of license.
(i) No citation may be issued under this section after the expiration of six monthsfollowing the occurrence of any violation.

Amended by Chapter 382, 2008 General Session