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58-67-502
58-68-502
58-67-502
58-68-502
7
Physician Practice Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill specifies that a physician does not engage in unprofessional conduct by
participating or refusing to participate in the execution of a death sentence.
Highlighted Provisions:
This bill:
specifies that a physician does not engage in unprofessional conduct by participating or
refusing to participate in the execution of a death sentence.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-67-502
, as last amended by Laws of Utah 2025, Chapter 392
58-68-502
, as last amended by Laws of Utah 2025, Chapter 392
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
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;
(d)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis;
(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;
(f)
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
(e)
or Subsection
58-1-501(1)
;
(g)
performing, or causing to be performed, upon an individual who is less than 18 years
old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure; or
(h)
designating a child as do not resuscitate without parental consent.
(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 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis:
(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
(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
.
;
(c)
refusing to participate in the execution of a death sentence authorized under Section
77-19-10
; or
(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)
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 2. 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
;
(d)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis;
(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;
(f)
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
(e)
or Subsection
58-1-501(1)
;
(g)
performing or causing to be performed, upon an individual who is less than 18 years
old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure; or
(h)
designating a child as do not resuscitate without parental consent.
(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 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis:
(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
(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
.
;
(c)
refusing to participate in the execution of a death sentence authorized under Section
77-19-10
; or
(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)
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 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 3:16 PM