Superseded 7/1/2026
321 words·~1 min read·
/ut/title-58/chapter-16a/7-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
Superseded 7/1/2026
58-16a-502. Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 :
(1)using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with:
(a)the generally recognized practices and standards of ethics of the profession; or
(b)applicable state law or division rule;
(2)failure to refer a patient to an appropriate licensed practitioner when:
(a)the patient's condition does not respond to treatment; or
(b)the treatment is not within the scope of competence or licensure of the licensee;
(3)providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information;
(4)knowingly prescribing, selling, giving away, or administering any prescription drug unless:
(a)for a legitimate medical purpose;
(b)upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and
(c)in compliance with Section 58-17b-309 ;
(5)giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association;
(6)failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when so requested by the patient or his representative, as designated in writing;
(7)failure to provide a contact lens prescription to a person who sells contact lenses in accordance with Section 58-16a-306 ; or
(8)falsely making an entry in, or altering, a medical record with the intent to conceal:
(a)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
(b)conduct described in Subsections
(1)through
(7)or Subsection 58-1-501(1) .
Amended by Chapter 25 , 2020 General Session