Utah § 58-60-108 - Grounds for denial of licensure or certification -- Disciplinary proceedings.
Full text of Utah Utah Code § 58-60-108 — Grounds for denial of licensure or certification -- Disciplinary proceedings., with citation guidance and answers to common questions.
§ 58-60-108. Grounds for denial of licensure or certification -- Disciplinary proceedings.
Effective 7/1/2026 58-60-108.
Grounds for denial of licensure or certification -- Disciplinary proceedings.
(1)
As used in this section:
(a)
"License" includes a certification issued under this chapter.
(b)
"Licensed" includes a person certified under this chapter.
(c)
"Licensee" includes a certificate holder under this chapter.
(2)
Subject to Subsection (7), the division may take an action described in Section 58-1-401 and in accordance with that section, including refusing to issue or renew a license, or revoking, suspending, restricting, or placing a license on probation, issuing a public or private reprimand, or issuing a cease and desist order.
(3)
(a)
(i)
Subject to Subsection (7), if a court with jurisdiction determines a licensee is incapacitated as defined in Section 75-1-20, or that the licensee has a mental illness as defined in Section 26B-5-301, and is unable to safely engage in practice under this chapter, the director shall immediately suspend the license of the licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending.
(ii)
The director shall promptly notify the licensee in writing of a suspension under Subsection (3)(a)(i).
(b)
(i)
If the division and a majority of the board find reasonable cause to believe that a licensee cannot practice under this chapter with reasonable skill and safety to protect a patient due to illness, excessive use of drugs or alcohol, or another mental or physical condition, and a court has not determined that the licensee is incapacitated or has a mental illness, the board shall:
(A)
recommend that the director file a petition with the division; and
(B)
ensure service of the petition on the licensee together with a notice of hearing limited to the licensee's capacity to competently and safely practice under this chapter.
(ii)
Except as provided in Subsection (4), the hearing described in Subsection (3)(b)(i) shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act.
(4)
(a)
Every licensee who accepts the privilege of being licensed under this chapter gives consent to:
(i)
submitting to an immediate mental or physical examination, at the licensee's expense and by a division-approved practitioner selected by the licensee when directed in writing by the division and a majority of the board to do so; and
(ii)
the admissibility of the reports of the examining practitioner's testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.
(b)
The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe:
(i)
the licensee has a mental illness, is incapacitated, or otherwise unable to practice with reasonable skill and safety; and
(ii)
immediate action by the division and the board is necessary to prevent harm to the licensee's patients or the general public.
(c)
(i)
By written order of the director, the division may immediately suspend the license of a licensee who fails to submit to examination in accordance with this section.
(ii)
The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the licensee's failure to submit to examination was due to circumstances beyond the control of the licensee and unrelated to the illness or incapacity of the licensee.
(5)
(a)
A licensee whose license is suspended under Subsection (3) or (4)(c) may appeal the suspension within 10 days after the day on which the division suspends the license.
(b)
The hearing held under this Subsection (5) shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the licensee's patients or the general public.
(6)
A licensee whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the licensee, under procedures the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding change in the licensee's condition, to determine whether:
(a)
the licensee is able to safely and competently engage in the practice under the licensee's license; and
(b)
the licensee is qualified to have the licensee's license to practice under this chapter partially or completely restored.
(7)
The division may not refuse, revoke, suspend, or restrict an applicant or licensee's license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.
(8)
Section 63G-2-206 may not be construed as limiting the authority of the division to report current significant investigative information to the coordinated licensure information system for transmission to party states as required of the division by the Counseling Compact in Section 58-60a-103 or the Social Work Licensure Compact in Section 58-60b-103.
Section 58-60-108 ("Grounds for denial of licensure or certification -- Disciplinary proceedings.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 58-60-108?
A common citation format is "Utah Code § 58-60-108" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-60-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
