(1) As used in this chapter, "unprofessional conduct" includes: (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 for which the individual is licensed, or the laws of the state; (b) failure to confine practice conduct to those acts or practices: (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and (ii) which are within applicable scope of practice laws of this chapter; (c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; and (d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164.

(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 for which the individual is licensed, or the laws of the state;

(b) failure to confine practice conduct to those acts or practices: (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and (ii) which are within applicable scope of practice laws of this chapter;

(i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and

(ii) which are within applicable scope of practice laws of this chapter;

(c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; and

(d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164.

(2) "Unprofessional conduct" under this chapter may be further defined by division rule.

(3) Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).