1. "Unprofessional conduct" includes:

   1. (1) as a licensee with authority to prescribe or administer controlled substances:

      1. (a) prescribing or administering to oneself any Schedule II or III controlled substance that is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug;
      2. (b) prescribing or administering a controlled substance for a condition that the licensee is not licensed or competent to treat;
   2. (2) violating a federal or state law relating to controlled substances;
   3. (3) failing to deliver to the Division each controlled substance license certificate issued by the Division upon an action that revokes, suspends, or limits the license;
   4. (4) failing to maintain controls over controlled substances that a prudent licensee would maintain as effective against diversion, theft, or shortage of controlled substances;
   5. (5) failing to account for shortages of controlled substance inventory for which the licensee has responsibility;
   6. (6) knowingly prescribing, selling, giving away, or administering, directly or indirectly, or offering to prescribe, sell, furnish, give away, or administer any controlled substance to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except for legitimate medical purposes as permitted by law;
   7. (7) refusing to make available for inspection controlled substance stock, inventory, or records as required under Rule R156-37 or other law regulating controlled substances and controlled substance records;
   8. (8) failing to submit controlled substance prescription information to the Database Manager after being notified in writing by the Division to do so;
   9. (9) failing to get a DEA registration within the time frame in Section R156-37-305;
   10. (10) as a prescribing practitioner, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37-22(1)(d) that is reasonably within the prescribing practitioner's control; or
   11. (11) as a pharmacy, failing to seek to correct a technical difficulty or electronic failure under Subsection 58-37-22(1)(d) that is reasonably within the pharmacy's control.

KEY: controlled substances, licensing

Date of Last Change: February 24, 2025

Notice of Continuation: December 14, 2021

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)