(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) unlawful or inappropriate delegation of nursing care; (i) failure to exercise appropriate supervision of persons providing patient care services under supervision of the licensed nurse; (j) employing or aiding and abetting the employment of an unqualified or unlicensed person to practice as a nurse; (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; (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; (m) failure to pay a penalty imposed by the division; (n) violating Section 58-31b-801; (o) 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; (p) performing or inducing an abortion in violation of the requirements of Section 76-7-302 or Section 76-7a-201, regardless of whether the person licensed or certified under the provisions of this chapter is found guilty of a crime in connection with the violation; (q) 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 (n) or Subsection 58-1-501(1); (r) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or (s) for an advance practice registered nurse, designating a child as do not resuscitate without parental consent. (2) "Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, when acting as a recommending medical provider, as that term is defined in Section 26B-4-201, 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).
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