(1) There is created an expendable special revenue fund known as the "Physicians Education and Enforcement Fund." (2) The division shall deposit penalties ordered and collected under this section into the Physicians Education and Enforcement Fund. (3) The Physicians Education and Enforcement Fund shall earn interest, and the division shall deposit all interest earned on account money into the account. (4) The director, with the concurrence of the board, may make distributions from the fund for the following purposes: (a) education and training: (i) that covers: (A) the requirements of this title; (B) division rules related to this title; (C) the requirements of Chapter 37, Controlled Substances, and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; and (D) any division rules related to Chapter 37, Controlled Substances, and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; and (ii) that the division makes available for: (A) physicians and surgeons; (B) osteopathic physicians and surgeons; (C) naturopathic physicians; (D) division staff; and (E) members of the board; and (b) enforcement of Chapter 67, Utah Medical Practice Act, Chapter 68, Utah Osteopathic Medical Practice Act, and Chapter 71, Naturopathic Physician Practice Act, by: (i) investigating unprofessional or unlawful conduct; (ii) obtaining legal representation for the division to bring an action against a person engaging in unprofessional or unlawful conduct; and (iii) monitoring compliance of renewal requirements. (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the division shall transfer any amount that exceeds $100,000 to the General Fund. (6) The division shall report on the fund annually to the appropriate appropriations subcommittee of the Legislature.
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