1. (1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:

   1. (a) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession, state law, or division rule;
   2. (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
   3. (c) making a material misrepresentation regarding the qualifications for licensure under Section 58-68-302.5;
   4. (d) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;
   5. (e) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the individual licensed under this chapter is found guilty of a crime in connection with the violation;

   6. (f) falsely making an entry in, or altering, a medical record with the intent to conceal:

      1. (i) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
      2. (ii) conduct described in Subsections (1)(a) through (e) or Subsection 58-1-501(1);

   7. (g) performing or causing to be performed, upon an individual who is less than 18 years old:

      1. (i) a primary sex characteristic surgical procedure; or
      2. (ii) a secondary sex characteristic surgical procedure; or
   8. (h) designating a child as do not resuscitate without parental consent.

2. (2) "Unprofessional conduct" does not include:

   1. (a) in compliance with Section 58-85-103:

      1. (i) obtaining an investigational drug or investigational device;
      2. (ii) administering the investigational drug to an eligible patient; or
      3. (iii) treating an eligible patient with the investigational drug or investigational device;

   2. (b) in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis:

      1. (i) when acting as a recommending medical provider, as that term is defined in Section 26B-4-201, recommending the use of medical cannabis; or
      2. (ii) when registered as a pharmacy medical provider, as that term is defined in Section 26B-4-201, providing pharmacy medical provider services in a medical cannabis pharmacy;
   3. (c) refusing to participate in the execution of a death sentence authorized under Section 77-19-10; or
   4. (d) participating in the execution of a death sentence authorized under Section 77-19-10 in accordance with state law and Department of Corrections protocol.
3. (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define unprofessional conduct for a physician described in Subsection (2)(b).

Amended by Chapter 82, 2026 General Session