(1)Any person that violates the unlawful conduct provisions of Section 58-67-501 or Section 58-1-501 is guilty of a third degree felony.
(2)(2)(a) Subject to Subsection (4), the division may punish unprofessional or unlawful conduct by:
(2)(a)(i) assessing administrative penalties; or
(2)(a)(ii) taking other appropriate administrative action.
(2)(b) The division shall deposit a monetary administrative penalty imposed under this section into the Physician Education and Enforcement Fund created in Section 58-67a-1.
(3)If a licensee is convicted of unlawful conduct, described in Section 58-67-501, before an administrative proceeding regarding the same conduct, the division may not assess an additional administrative fine under this chapter for the same conduct.
(4)(4)(a) If the division c
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(1) Any person that violates the unlawful conduct provisions of Section 58-67-501 or Section 58-1-501 is guilty of a third degree felony.
(2) (2)(a) Subject to Subsection (4), the division may punish unprofessional or unlawful conduct by:
(2)(a)(i) assessing administrative penalties; or
(2)(a)(ii) taking other appropriate administrative action.
(2)(b) The division shall deposit a monetary administrative penalty imposed under this section into the Physician Education and Enforcement Fund created in Section 58-67a-1.
(3) If a licensee is convicted of unlawful conduct, described in Section 58-67-501, before an administrative proceeding regarding the same conduct, the division may not assess an additional administrative fine under this chapter for the same conduct.
(4) (4)(a) If the division concludes that an individual has violated provisions of Section 58-67-501, Section 58-67-502, Chapter 1, Division of Professional Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect to these provisions, and disciplinary action is appropriate, the director or director's designee shall:
(4)(a)(i) issue a citation to the individual;
(4)(a)(ii) attempt to negotiate a stipulated settlement; or
(4)(a)(iii) (4)(a)(iii)(A) notify the individual that the division will commence an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
(4)(a)(iii)(B) invite the individual to appear.
(4)(b) The division may take the following action against an individual who is in violation of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an adjudicative proceeding:
(4)(b)(i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of ongoing violation, whichever is greater, in accordance with a fine schedule established by rule; or
(4)(b)(ii) order to cease and desist from the behavior that constitutes a violation of the provisions described in Subsection (4)(a).
(4)(c) The division may not suspend or revoke an individual's license through a citation.
(4)(d) Each citation issued under this section shall:
(4)(d)(i) be in writing;
(4)(d)(ii) clearly describe or explain:
(4)(d)(ii)(A) the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated;
(4)(d)(ii)(B) that the recipient must notify the division in writing within 20 calendar days from the day on which the citation is served if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
(4)(d)(ii)(C) the consequences of failure to timely contest the citation or pay the fine assessed by the citation within the time specified in the citation; and
(4)(d)(iii) be served in accordance with the Utah Rules of Civil Procedure.
(4)(e) (4)(e)(i) If the individual to whom the division issues the citation fails to request a hearing to contest the citation within 20 calendar days from the day on which the division serves the citation , the citation:
(4)(e)(i)(A) becomes the final order of the division; and
(4)(e)(i)(B) is not subject to further agency review.
(4)(e)(ii) The division may extend the period to contest the citation for cause.
(4)(f) The division may refuse to issue or renew or suspend, revoke, or place on probation the license of an individual who fails to comply with a citation after the citation becomes final.
(4)(g) The failure of an applicant for licensure to comply with a citation after the citation becomes final is grounds for denial of license.
(4)(h) The division may not issue a citation under this section after the expiration of one year following the date on which the division receives the report of the violation that is the subject of the citation.
(5) (5)(a) The director may collect a penalty imposed under this section that is not paid by:
(5)(a)(i) referring the matter to a collection agency; or
(5)(a)(ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.
(5)(b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.
(5)(c) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.