58-31b-502 - Unprofessional conduct. - Utah Statutes

58-31b-502. Unprofessional conduct.
"Unprofessional conduct" includes:
(1) failure to safeguard a patient's right to privacy as to the patient's person, condition,diagnosis, personal effects, or any other matter about which the licensee is privileged to knowbecause of the licensee's or person with a certification's position or practice as a nurse or practiceas a medication aide certified;
(2) failure to provide nursing service or service as a medication aide certified in a mannerthat demonstrates respect for the patient's human dignity and unique personal character and needswithout regard to the patient's race, religion, ethnic background, socioeconomic status, age, sex,or the nature of the patient's health problem;
(3) engaging in sexual relations with a patient during any:
(a) period when a generally recognized professional relationship exists between theperson licensed or certified under this chapter and patient; or
(b) extended period when a patient has reasonable cause to believe a professionalrelationship exists between the person licensed or certified under the provisions of this chapterand the patient;
(4) (a) as a result of any circumstance under Subsection (3), exploiting or usinginformation about a patient or exploiting the licensee's or the person with a certification'sprofessional relationship between the licensee or holder of a certification under this chapter andthe patient; or
(b) exploiting the patient by use of the licensee's or person with a certification'sknowledge of the patient obtained while acting as a nurse or a medication aide certified;
(5) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(6) unauthorized taking or personal use of nursing supplies from an employer;
(7) unauthorized taking or personal use of a patient's personal property;
(8) knowingly entering into any medical record any false or misleading information oraltering a medical record in any way for the purpose of concealing an act, omission, or record ofevents, medical condition, or any other circumstance related to the patient and the medical ornursing care provided;
(9) unlawful or inappropriate delegation of nursing care;
(10) failure to exercise appropriate supervision of persons providing patient care servicesunder supervision of the licensed nurse;
(11) employing or aiding and abetting the employment of an unqualified or unlicensedperson to practice as a nurse;
(12) failure to file or record any medical report as required by law, impeding orobstructing the filing or recording of such a report, or inducing another to fail to file or recordsuch a report;
(13) breach of a statutory, common law, regulatory, or ethical requirement ofconfidentiality with respect to a person who is a patient, unless ordered by a court;
(14) failure to pay a penalty imposed by the division;
(15) prescribing a schedule II-III controlled substance without a consulting physician oroutside of a consultation and referral plan; and
(16) violating Section 58-31b-801.

Amended by Chapter 291, 2006 General Session