58-31b-503 - Penalties and administrative actions for unlawful conduct and unprofessional conduct. - Utah Statutes

58-31b-503. Penalties and administrative actions for unlawful conduct andunprofessional conduct.
(1) Any person who violates the unlawful conduct provision specifically defined inSubsection 58-1-501(1)(a) is guilty of a third degree felony.
(2) Any person who violates any of the unlawful conduct provisions specifically definedin Subsections 58-1-501(1)(b) through (f) and 58-31b-501(1)(d) is guilty of a class Amisdemeanor.
(3) Any person who violates any of the unlawful conduct provisions specifically definedin this chapter and not set forth in Subsection (1) or (2) is guilty of a class B misdemeanor.
(4) (a) Subject to Subsection (6) and in accordance with Section 58-31b-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 the"Nurse Education and Enforcement Account" as provided in Section 58-31b-103.
(5) If a licensee has been convicted of violating Section 58-31b-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.
(6) (a) If upon inspection or investigation, the division concludes that a person hasviolated the provisions of Sections 58-31b-401, 58-31b-501, or 58-31b-502, Chapter 1, Divisionof Occupational and Professional Licensing Act, Chapter 37, Utah Controlled Substances Act, orany rule or order issued with respect to these provisions, and that disciplinary action isappropriate, the director or the director's designee from within the division shall:
(i) promptly issue a citation to the person according to this chapter and any pertinentadministrative rules;
(ii) attempt to negotiate a stipulated settlement; or
(iii) notify the person to appear before an adjudicative proceeding conducted under Title63G, Chapter 4, Administrative Procedures Act.
(b) Any person who is in violation of a provision described in Subsection (6)(a), asevidenced by an uncontested citation, a stipulated settlement, or a finding of violation in anadjudicative proceeding may be assessed a fine:
(i) pursuant to this Subsection (6) of up to $10,000 per single violation or up to $2,000per day of ongoing violation, whichever is greater, in accordance with a fine schedule establishedby rule; and
(ii) in addition to or in lieu of the fine imposed under Subsection (6)(b)(i), be ordered tocease and desist from violating a provision of Sections 58-31b-501 and 58-31b-502, Chapter 1,Division of Occupational and Professional Licensing Act, Chapter 37, Utah ControlledSubstances Act, or any rule or order issued with respect to those provisions.
(c) Except for an administrative fine and a cease and desist order, the licensure sanctionscited in Section 58-31b-401 may not be assessed through a citation.
(d) Each citation issued under this section shall:
(i) be in writing; and
(ii) clearly describe or explain:
(A) the nature of the violation, including a reference to the provision of the chapter, rule,

or order alleged to have been violated;
(B) that the recipient must notify the division in writing within 20 calendar days ofservice of the citation in order to contest the citation at a hearing conducted under Title 63G,Chapter 4, Administrative Procedures Act; and
(C) the consequences of failure to timely contest the citation or to make payment of anyfines assessed by the citation within the time specified in the citation; and
(iii) be served upon any person upon whom a summons may be served:
(A) in accordance with the Utah Rules of Civil Procedure;
(B) personally or upon the person's agent by a division investigator or by any personspecially designated by the director; or
(C) by mail.
(e) 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.
(f) 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.
(g) The failure of an applicant for licensure to comply with a citation after it becomesfinal is a ground for denial of license.
(h) No citation may be issued under this section after the expiration of six monthsfollowing the occurrence of any violation.

Amended by Chapter 278, 2010 General Session