Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 24 First Substitute (2020GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds a provision to each health care profession's definition of unprofessional conduct to include:
• knowingly entering false or misleading information on a medical record; or
• knowingly altering a medical record for the purpose of concealing any circumstance related to the health care provided to a patient.

Every vote on this bill

Bill text

HEALTH CARE PROFESSIONAL LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill amends the definition of unprofessional conduct for prescribing health care
professionals and pharmacists. 
Highlighted Provisions:
This bill:
▸ adds a provision to each health care profession's definition of unprofessional
conduct to include:
• knowingly entering false or misleading information on a medical record; or
• knowingly altering a medical record for the purpose of concealing any
circumstance related to the health care provided to a patient.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-5a-102
, as last amended by Laws of Utah 2015, Chapter 230
58-16a-502
, as last amended by Laws of Utah 2012, Chapter 234
58-17b-502
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
58-31b-502
, as last amended by Laws of Utah 2019, Chapter 233
58-44a-502
, as last amended by Laws of Utah 2012, Chapter 285
58-67-502
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
58-68-502
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
58-69-502
, as last amended by Laws of Utah 2006, Chapter 158
58-70a-503
, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
58-71-502
, as enacted by Laws of Utah 1996, Chapter 282
58-83-502
, as last amended by Laws of Utah 2015, Chapter 321
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-5a-102
 is amended to read:
58-5a-102.
Definitions.
In addition to the definitions under Section 
58-1-102
, as used in this chapter:
(1) "Board" means the Podiatric Physician Board created in Section 
58-5a-201
.
(2) "Indirect supervision" means the same as that term is defined by the division by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) "Medical assistant" means an unlicensed individual working under the indirect
supervision of a licensed podiatric physician and engaging in specific tasks assigned by the
licensed podiatric physician in accordance with the standards and ethics of the podiatry
profession.
(4) "Practice of podiatry" means the diagnosis and treatment of conditions affecting the
human foot and ankle and their manifestations of systemic conditions by all appropriate and
lawful means, subject to Section 
58-5a-103
.
(5) "Unlawful conduct" includes:
(a) the conduct that constitutes unlawful conduct under Section 
58-1-501
; and
(b) for an individual who is not licensed under this chapter:
(i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor,
foot specialist, or D.P.M.; or
(ii) implying or representing that the individual is qualified to practice podiatry.
(6) "Unprofessional conduct" includes, for an individual licensed under this chapter:
(a) the conduct that constitutes unprofessional conduct under Section 
58-1-501
;
(b) communicating to a third party, without the consent of the patient, information the
individual acquires in treating the patient, except as necessary for professional consultation
regarding treatment of the patient;
(c) allowing the individual's name or license to be used by an individual who is not
licensed to practice podiatry under this chapter;
(d) except as described in Section 
58-5a-306
, employing, directly or indirectly, any
unlicensed individual to practice podiatry;
(e) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs
the individual's ability to practice podiatry;
(f) unlawfully prescribing, selling, or giving away any prescription drug, including
controlled substances, as defined in Section 
58-37-2
;
(g) gross incompetency in the practice of podiatry;
(h) willfully and intentionally making a false statement or entry in hospital records,
medical records, or reports;
(i) willfully making a false statement in reports or claim forms to governmental
agencies or insurance companies with the intent to secure payment not rightfully due;
(j) willfully using false or fraudulent advertising; [
and
]
(k) conduct the division defines as unprofessional conduct by rule made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
.
]
; or
(l) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (6)(a) through (k) or Subsection 
58-1-501
(1).
Section 2. Section 
58-16a-502
 is amended to read:
58-16a-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
:
(1) using or employing the services of an optometric assistant to assist a licensee in any
manner not in accordance with:
(a) the generally recognized practices and standards of ethics of the profession; or
(b) applicable state law or division rule;
(2) failure to refer a patient to an appropriate licensed practitioner when:
(a) the patient's condition does not respond to treatment; or
(b) the treatment is not within the scope of competence or licensure of the licensee;
(3) providing confidential information regarding a patient to any third party who does
not have a legal and professional ground for obtaining the information;
(4) knowingly prescribing, selling, giving away, or administering any prescription drug
unless:
(a) for a legitimate medical purpose;
(b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or
provided; and
(c) in compliance with Section 
58-17b-309
;
(5) giving or receiving directly or indirectly any fee, commission, rebate, or other
compensation for professional services not actually and personally rendered, except as part of a
legal relationship within a lawful professional partnership, corporation, or association;
(6) failure to transfer pertinent and necessary information from a patient's medical
records to another optometrist or physician when so requested by the patient or his
representative, as designated in writing; [
or
]
(7) failure to provide a contact lens prescription to a person who sells contact lenses in
accordance with Section 
58-16a-306
[
.
]
; or
(8) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) 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
(b) conduct described in Subsections (1) through (7) or Subsection 
58-1-501
(1).
Section 3. Section 
58-17b-502
 is amended to read:
58-17b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) willfully deceiving or attempting to deceive the division, the board, or their agents
as to any relevant matter regarding compliance under this chapter;
(b) except as provided in Subsection (2):
(i) paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider; or
(ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
provider, for the purpose of obtaining referrals;
(c) misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
(d) engaging in the sale or purchase of drugs or devices that are samples or packages
bearing the inscription "sample" or "not for resale" or similar words or phrases;
(e) except as provided in Section 
58-17b-503
 or Part 9, Charitable Prescription Drug
Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it has
left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
58-17b-503
, or the manufacturer's sealed container, as defined in rule;
(f) an act in violation of this chapter committed by a person for any form of
compensation if the act is incidental to the person's professional activities, including the
activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g) violating:
(i) the federal Controlled Substances Act, Title II, P.L. 91-513;
(ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) rules or regulations adopted under either act;
(h) requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in this
chapter and division rules made in collaboration with the board, or beyond their scope of
training and ability;
(i) administering:
(i) without appropriate training, as defined by rule;
(ii) without a physician's order, when one is required by law; and
(iii) in conflict with a practitioner's written guidelines or written protocol for
administering;
(j) disclosing confidential patient information in violation of the provisions of the
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
1936, as amended, or other applicable law;
(k) engaging in the practice of pharmacy without a licensed pharmacist designated as
the pharmacist-in-charge;
(l) failing to report to the division any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that in
substance would be considered unprofessional conduct under this section;
(m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
form which is regularly and commonly available from a manufacturer in quantities and
strengths prescribed by a practitioner;
(n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
when dispensing a self-administered hormonal contraceptive under a standing order; [
and
]
(o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[
.
]
;
or
(p) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (o) or Subsection 
58-1-501
(1).
(2) Subsection (1)(b) does not apply to:
(a) giving or receiving a price discount based on purchase volume;
(b) passing along a pharmaceutical manufacturer's rebate; or
(c) providing compensation for services to a veterinarian.
(3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act:
(a) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(b) when acting as a state central patient portal medical provider, as that term is defined
in Section 
26-61a-102
, providing state central patient portal medical provider services.
(4) Notwithstanding Subsection (3), 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 pharmacist described in Subsections (3)(a) and (b).
Section 4. Section 
58-31b-502
 is amended to read:
58-31b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) 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 know
because of the licensee's or person with a certification's position or practice as a nurse or
practice as a medication aide certified;
(b) failure to provide nursing service or service as a medication aide certified in a
manner that demonstrates respect for the patient's human dignity and unique personal character
and needs without regard to the patient's race, religion, ethnic background, socioeconomic
status, age, sex, or the nature of the patient's health problem;
(c) engaging in sexual relations with a patient during any:
(i) period when a generally recognized professional relationship exists between the
person licensed or certified under this chapter and the patient; or
(ii) extended period when a patient has reasonable cause to believe a professional
relationship exists between the person licensed or certified under the provisions of this chapter
and the patient;
(d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
information about a patient or exploiting the licensee's or the person with a certification's
professional relationship between the licensee or holder of a certification under this chapter and
the patient; or
(ii) exploiting the patient by use of the licensee's or person with a certification's
knowledge of the patient obtained while acting as a nurse or a medication aide certified;
(e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(f) unauthorized taking or personal use of nursing supplies from an employer;
(g) unauthorized taking or personal use of a patient's personal property;
[
(h) knowingly entering into any medical record any false or misleading information or
altering a medical record in any way for the purpose of concealing an act, omission, or record
of events, medical condition, or any other circumstance related to the patient and the medical or
nursing care provided;
]
[
(i)
] 
(h)
 unlawful or inappropriate delegation of nursing care;
[
(j)
] 
(i)
 failure to exercise appropriate supervision of persons providing patient care
services under supervision of the licensed nurse;
[
(k)
] 
(j)
 employing or aiding and abetting the employment of an unqualified or
unlicensed person to practice as a nurse;
[
(l)
] 
(k)
 failure to file or record any medical report as required by law, impeding or
obstructing the filing or recording of such a report, or inducing another to fail to file or record
such a report;
[
(m)
] 
(l)
 breach of a statutory, common law, regulatory, or ethical requirement of
confidentiality with respect to a person who is a patient, unless ordered by a court;
[
(n)
] 
(m)
 failure to pay a penalty imposed by the division;
[
(o)
] 
(n)
 prescribing a Schedule II controlled substance without complying with the
requirements in Section 
58-31b-803
, if applicable;
[
(p)
] 
(o)
 violating Section 
58-31b-801
;
[
(q)
] 
(p)
 violating the dispensing requirements of Section 
58-17b-309
 or Chapter 17b,
Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
if applicable; and
[
(r)
] 
(q)
 establishing or operating a pain clinic without a consultation and referral plan
for Schedule II or III controlled substances[
.
]
; or
(r) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (q) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
is defined in Section 
26-61a-102
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
Section 5. Section 
58-44a-502
 is amended to read:
58-44a-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) disregard for a patient's dignity or right to privacy as to [
his
] 
the patient's
 person,
condition, possessions, or medical record;
(2) engaging in an act, practice, or omission which when considered with the duties
and responsibilities of a certified nurse midwife does or could jeopardize the health, safety, or
welfare of a patient or the public;
(3) failure to confine one's practice as a certified nurse midwife to those acts or
practices permitted by law;
(4) failure to file or record any medical report as required by law, impeding or
obstructing the filing or recording of such a report, or inducing another to fail to file or record
such a report;
(5) breach of a statutory, common law, regulatory, or ethical requirement of
confidentiality with respect to a person who is a patient, unless ordered by the court;
(6) failure to pay a penalty imposed by the division;
(7) prescribing a schedule II-III controlled substance without a consulting physician;
[
and
]
(8) (a) failure to have and maintain a safe mechanism for obtaining medical
consultation, collaboration, and referral with a consulting physician, including failure to
identify one or more consulting physicians in the written documents required by Subsection
58-44a-102
(9)(b)(iii); or
(b) representing that the certified nurse midwife is in compliance with Subsection
(8)(a) when the certified nurse midwife is not in compliance with Subsection (8)(a)[
.
]
; or
(9) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) 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
(b) conduct described in Subsections (1) through (8) or Subsection 
58-1-501
(1).
Section 6. Section 
58-67-502
 is amended to read:
58-67-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(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;
(b) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-67-302.7
 or Section 
58-67-302.8
;
(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [
or
]
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[
.
]
;
or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider, as that term is defined in Section
26-61a-102
, recommending the use of medical cannabis;
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(iii) when registered as a state central patient portal medical provider, as that term is
defined in Section 
26-61a-102
, providing state central patient portal medical provider services.
(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).
Section 7. Section 
58-68-502
 is amended to read:
58-68-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(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;
(b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(c) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-68-302.5
; [
or
]
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act[
.
]
;
or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider, as that term is defined in Section
26-61a-102
, recommending the use of medical cannabis;
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(iii) when registered as a state central patient portal medical provider, as that term is
defined in Section 
26-61a-102
, providing state central patient portal medical provider services.
(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).
Section 8. Section 
58-69-502
 is amended to read:
58-69-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) sharing professional fees with an unlicensed person or paying any person for
sending or referring a patient;
(b) making an unsubstantiated claim of superiority in training or skill as a dentist or
dental hygienist or in the performance of professional services;
(c) refusing authorized agents of the division or state or local health authorities access
to the facilities related to the practice of dentistry or dental hygiene during normal business
hours for the purpose of inspection; [
and
]
(d) failing to maintain facilities, instruments, equipment, supplies, appliances, or other
property or conditions related to the practice of dentistry in a sanitary condition consistent with
the standards and ethics of the professions of dentistry or dental hygiene[
.
]
; or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 
58-1-501
(1).
(2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority:
(a) includes for the practice of dentistry:
(i) advertising or otherwise holding oneself out to the public as practicing a dental
specialty in which the dentist has not successfully completed the education specified for the
dental specialty as defined by the American Dental Association; and
(ii) using the following words in advertising "Endodontist," "Orthodontist," "Oral and
Maxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice Limited to,"
"Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when the dentist has not
successfully completed the education specified for the dental specialty as defined by the
American Dental Association; and
(b) does not include a dentist who advertises as being qualified in a recognized
specialty area of dental practice so long as each such advertisement, regardless of form,
contains a prominent disclaimer that the dentist is licensed as a general dentist or that the
specialty services will be provided by a general dentist.
Section 9. Section 
58-70a-503
 is amended to read:
58-70a-503.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) violation of a patient confidence to any person who does not have a legal right and a
professional need to know the information concerning the patient;
(b) knowingly prescribing, selling, giving away, or directly or indirectly administering,
or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for
a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts
prescribed or provided;
(c) prescribing prescription drugs for oneself or administering prescription drugs to
oneself, except those that have been legally prescribed for the physician assistant by a licensed
practitioner and that are used in accordance with the prescription order for the condition
diagnosed;
(d) failure to maintain at the practice site a delegation of services agreement that
accurately reflects current practices;
(e) failure to make the delegation of services agreement available to the division for
review upon request;
(f) in a practice that has physician assistant ownership interests, failure to allow the
supervising physician the independent final decision making authority on patient treatment
decisions, as set forth in the delegation of services agreement or as defined by rule; [
and
]
(g) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[
.
]
; or
(h) falsely making an entry in, or altering, a medical record with the intent to conceal:
(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
(ii) conduct described in Subsections (1)(a) through (g) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
is defined in Section 
26-61a-102
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), 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 assistant described in Subsection (2).
Section 10. Section 
58-71-502
 is amended to read:
58-71-502.
Unprofessional conduct.
"Unprofessional conduct" includes
:
 (1)
 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[
.
]
; or
(2) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) 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
(b) conduct described in Subsection (1) or Subsection 
58-1-501
(1).
Section 11. Section 
58-83-502
 is amended to read:
58-83-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
 and
as may be further defined by administrative rule:
(1) except as provided in Section 
58-83-306
, online prescribing, dispensing, or
facilitation with respect to a person under the age of 18 years;
(2) using the name or official seal of the state, the Utah Department of Commerce, or
the Utah Division of Occupational and Professional Licensing, or their boards, in an
unauthorized manner;
(3) failing to respond promptly to a request by the division for information including:
(a) an audit of the website; or
(b) records of the online prescriber, the Internet facilitator, or the online contract
pharmacy;
(4) using an online prescriber, online contract pharmacy, or Internet facilitator without
approval of the division;
(5) failing to inform a patient of the patient's freedom of choice in selecting who will
dispense a prescription in accordance with Subsection 
58-83-305
(1)(n);
(6) failing to keep the division informed of the name and contact information of the
Internet facilitator or online contract pharmacy; [
and
]
(7) violating the dispensing and labeling requirements of Chapter 17b, Part 8,
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy[
.
]
; or
(8) falsely making an entry in, or altering, a medical record with the intent to conceal:
(a) 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
(b) conduct described in Subsections (1) through (7) or Subsection 
58-1-501
(1).