58-17b-701 - Mentally incompetent or incapacitated pharmacist -- Division action and procedures. - Utah Statutes

58-17b-701. Mentally incompetent or incapacitated pharmacist -- Division actionand procedures.
(1) As used in this section:
(a) "Incapacitated person" has the same definition as in Section 75-1-201.
(b) "Mentally ill" has the same definition as in Section 62A-15-602.
(2) If a court of competent jurisdiction determines a pharmacist is an incapacitatedperson, or that the pharmacist is mentally ill and unable to safely engage in the practice ofpharmacy, the director shall immediately suspend the license of the pharmacist upon the entry ofthe judgment of the court, without further proceedings under Title 63G, Chapter 4,Administrative Procedures Act, regardless of whether an appeal from the court's ruling ispending. The director shall promptly notify the pharmacist, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe apharmacist, who is not determined judicially to be an incapacitated person or to be mentally ill, isincapable of practicing pharmacy with reasonable skill regarding the safety of patients, becauseof illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition,the board shall recommend that the director file a petition with the division, and cause thepetition to be served upon the pharmacist with a notice of hearing on the sole issue of thecapacity of the pharmacist to competently and safely engage in the practice of pharmacy.
(b) The hearing shall be conducted under Section 58-1-109 and Title 63G, Chapter 4,Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every pharmacist who accepts the privilege of being licensed under this chaptergives consent to:
(i) submitting at the pharmacist's own expense to an immediate mental or physicalexamination when directed in writing by the division, with the consent of a majority of the board,to do so; and
(ii) the admissibility of the reports of the examining practitioner's testimony orexamination in any proceeding regarding the license of the pharmacist, and waives all objectionson the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of theboard, only upon a finding of reasonable cause to believe:
(i) the pharmacist is mentally ill or incapacitated or otherwise unable to practicepharmacy with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to thepharmacist's patients or the general public.
(c) (i) Failure of a pharmacist to submit to the examination ordered under this section is aground for the division's immediate suspension of the pharmacist's license by written order of thedirector.
(ii) The division may enter the order of suspension without further compliance with Title63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit tothe examination ordered under this section was due to circumstances beyond the control of thepharmacist and was not related directly to the illness or incapacity of the pharmacist.
(5) (a) A pharmacist whose license is suspended under Subsection (2) or (4) has the rightto a hearing to appeal the suspension within 10 days after the license is suspended.
(b) The hearing held under this Subsection (5) shall be conducted in accordance withSections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for

the continuance of the order of suspension in order to prevent harm to the pharmacist's patients orthe general public.
(6) A pharmacist whose license is revoked, suspended, or in any way restricted under thissection may request the division and the board to consider, at reasonable intervals, evidencepresented by the pharmacist, under procedures established by division rule, regarding any changein the pharmacist's condition, to determine whether:
(a) the pharmacist is or is not able to safely and competently engage in the practice ofpharmacy; and
(b) the pharmacist is qualified to have the pharmacist's licensure to practice under thischapter restored completely or in part.

Amended by Chapter 382, 2008 General Session