Carl W. Barney v. Division Occupational

Petitioner is licensed by the Division of Occupational and Professional Licensing to administer a health facility pursuant to Utah Code Ann. § 58-15-1 to -11 (1990). The Division is empowered to suspend, revoke or place on probation the license of any licensee who "is or has been guilty of unprofessional conduct, as defined by statute or rule." Utah Code Ann. § 58-1-15 (Supp. 1991). On May 2, 1991, the Division filed its initial petition alleging that the petitioner engaged in unprofessional conduct including physically abusing four patients and administering contaminated medicines, both in violation of Utah Code Ann. § 58-15-2(a), and administering medication without a physicians order, in violation of Utah Code Ann. § 58-1-10(1)(a) (Supp. 1991). On July 22, 1991, the Division filed an amended petition alleging basically the same conduct.