Utah Admin. Code 156-4a-102

Current through Bulletin 2024-23, December 1, 2024

Section R156-4a-102 - Definitions

In addition to the definitions in Title 58, Occupations and Professions, as used in Title 58, Occupations and Professions, or in Title R156, Commerce, Occupational and Professional Licensing, the following rule definitions supplement the statutory definitions:

(1) "Abstinence" means the same as defined in the FSPHP Guidelines: The absence of substances that are UPHP nonapproved mind or mood altering, including alcohol and other substance use disorder potentiating substances.

(2) "Abstinence-based self-help group" means a self-help group having a foundation in abstinence that is approved by the Division for a participant to attend.

(3) "Aftercare" means the same as Continuing Care.

(4) "Acknowledgment of Participation" means a document signed by a UPHP participant and a party required by the participant's program contract in which:

(a) the participant certifies that the participant has informed the required party of the participant's participation in UPHP; and

(b) the required party certifies that they have reviewed the program contract.

(5) "Compliance Monitoring" means the coordination of services on behalf of the participant to ensure the integrity of monitoring and continuing care accountability.

(6) "Comprehensive Clinical Evaluation" means a Division-approved independent evaluation of a participant that:

(a) is diagnostically rigorous;

(b) is tailored to the specific needs of the participant;

(c) includes collateral information; and

(d) assesses the presence of a substance use disorder and of any other conditions that may affect the participant's physical or psychological fitness for practice.

(7) "Continuing Care" means the same as defined in the FSPHP Guidelines: Care that follows the acute phase of intervention and initial treatment, sometimes referred to as aftercare. Professional health programs oversee and monitor the continuity of care to ensure progress and continued compliance. Continuing Care includes PHP guidance, support, toxicology collection, and accountability through a formal monitoring contract concurrent with or following an evaluation or treatment process.

(8) "Evaluators" means the same as defined in the FSPHP Guidelines: Qualified clinical experts who are consulted to investigate possible psychiatric or physical illness that potentially can cause impairment. Evaluators are used to formulate impressions, diagnoses, treatment plans, and suggestions for effective monitoring.

(9) "FSPHP" means the Federation of State Physician Health Programs.

(10) "FSPHP Guidelines" means the FSPHP's Physician Health Program Guidelines, April 16, 2019, 1st Edition, which is hereby incorporated by reference.

(11) "Impairment" means the inability of a participant to safely engage in the participant's profession as a result of their substance use disorder.

(12) "Intake Session" means the procedure described in Subsection R156-4a-3(3) to gather information from a licensee regarding entry into UPHP and to provide information about UPHP to the licensee.

(13) "Misconduct" means a licensee's acts or omissions alleged to constitute either unprofessional or unlawful conduct, or both, that serve as the basis to consider the licensee for participation in UPHP.

(14) "Participant" means a licensee participating in UPHP pursuant to an executed program contract or diversion agreement.

(15) "Private Agreement to Not Practice" means a voluntary and private agreement between the licensee and the UPHP to withdraw from practice and not return to practice until authorized by the UPHP.

(16) "Program contract," as defined in Subsection 58-4a-102(4), includes each written agreement entered into by a participant and the Division and may include multiple documents.

(17) "Qualifying condition" means a participant's substance use disorder that makes the participant eligible to participate in the UPHP.

(18) "Record" means the stored documentation of a potential participant's or participant's contacts and interaction with and participation in the UPHP.

(19) "Relapse" means the same as Return to use behavior.

(20) "Report" means a report from a collateral source addressing a participant's compliance with UPHP agreements, including a program contract or diversion agreement.

(21) "Return to use behavior" means a spectrum of thoughts and behaviors suggestive of increased risk for use or actual use of unapproved substances.

(22) "Return to work plan" means the Division approval of a participant's return to practice after a period of leave during which a participant was determined fit to practice, and includes identification of the steps that shall be taken to ensure safe and supported return to practice.

(23) "Screening" means the UPHP's initial meeting with a licensee to gather basic demographic information and information about the circumstances of the referral, and to schedule the intake session. A screening may also include discussion of UPHP confidentiality and its limits.

(24) "Substance" means the same as defined in the FSPHP Guidelines: Mind or mood altering substances defined in law as controlled substances; for example, alcohol or other legal or illegal substances that are mood altering and can potentially impact the ability to practice.

(25) "Substance abuse" means the same as defined in the FSPHP Guidelines: The essential feature of substance abuse is a maladaptive pattern of substance use manifested by recurrent and significant adverse consequences related to the repeated use of substances.

(26) "Toxicology testing" means the collection of urine, blood, oral fluid, hair, nails, sweat, or breath used to deter and detect unauthorized drug or alcohol use by a participant.

(27) "Treatment" means the same as defined in the FSPHP Guidelines: The delivery of care and rehabilitation to a participant experiencing a potentially impairing illness, including a course of inpatient or outpatient care, treatment, or rehabilitation services provided or supervised by a person authorized to provide such services for the purpose of alleviation of impairment and improvement of illness.

(28) "Treatment provider" means the same as defined in the FSPHP Guidelines: Individuals, organizations, or another entity composed of licensed professionals who are providing care and treatment to a participant.

(29) "UPHP" means the Utah Professionals Health Program.

(30) "UPHP Medication Policy" means the policy identified in Subsection R156-4a-103b(3) regarding participant use of medication.

(31) "UPHP participation standards" means the criteria identified in Subsection R156-4a-103b(3) for licensee participation in UPHP.

(32) "UPHP Return to Use Behavior Policy" means the policy identified in Subsection R156-4a-103b(3) regarding participant return to use behavior.

(33) "Worksite practice liaison" means a participant's UPHP approved nonsubordinate support person who:

(a) has regular contact with the participant in the participant's practice setting;

(b) understands the signs and symptoms of substance use disorder;

(c) can make independent objective judgments regarding the participant without risk of undue influence by the participant;

(d) is authorized by the participant to communicate with the UPHP; and

(e) reports to the UPHP on the participant's worksite practice behavior and performance.

Utah Admin. Code R156-4a-102

Adopted by Utah State Bulletin Number 2021-23, effective 11/23/2021