DAR File No. 37270

Commerce, Occupational and Professional Licensing

Section R156-67-306

Exemptions from Licensure

Notice of Proposed Rule

(Amendment)

DAR File No.: 37270
Filed: 02/07/2013 11:55:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Physicians Licensing Board reviewed this rule and are proposing to delete a subsection in this section of the existing rule as it is unnecessary, confusing, and potentially beyond the Division's rulemaking authority.

Summary of the rule or change:

Subsection R156-67-306(2) is deleted and remaining subsections are renumbered. The concept covered in Subsection R156-67-306(2) is adequately addressed in Subsection 58-1-307(1)(c). The programs that are approved are addressed in the specific licensing statute and rule.

State statutory or constitutional authorization for this rule:

• Section 58-67-101
• Subsection 58-1-202(1)
• Subsection 58-1-106(1)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any printing and distribution costs incurred will be absorbed in the Division's current budget. The proposed amendment does not have compliance costs affiliated with it, but the deletion of the rule may cut costs for the Division. However, any potential cost savings for the Division cannot be estimated.

local governments:

The proposed amendments only apply to licensed physicians/surgeons and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed physicians/surgeons and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed physicians/surgeons and applicants for licensure in that classification. The proposed amendments may affect some individuals that don't meet licensure requirements or approved residency program criteria. However, the Division is not able to determine potential costs to these individuals due to a wide range of varied circumstances.

Compliance costs for affected persons:

The proposed amendments only apply to licensed physicians/surgeons and applicants for licensure in that classification. The proposed amendments may affect some individuals that don't meet licensure requirements or approved residency program criteria. However, the Division is not able to determine potential costs to these individuals due to a wide range of varied circumstances.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, this amendment is proposed to eliminate language that duplicates a statutory licensing exemption. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/01/2013

This rule may become effective on:

04/08/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-67. Utah Medical Practice Act Rule.

R156-67-306. Exemptions from Licensure.

In accordance with Subsection 58-1-307(1), exemptions from licensure as a physician and surgeon include the following:

(1) any physician exempted from licensure, who engages in prescribing, dispensing, or administering a controlled substance outside of a hospital, shall be required to apply for and obtain a Utah Controlled Substance License as a condition precedent to them administering, dispensing or prescribing a controlled substance;

(2) [any physician appointed to a graduate medical education or training program which is not accredited by the ACGME, for which exemption from licensure is requested under the provisions of Subsection 58-1-307(1)(c) shall apply for registration with and receive approval of the division and board as a condition precedent to that individual engaging in any activity included in the practice of medicine;

(3)] any person engaged in a competent public screening program making measures of physiologic conditions including serum cholesterol, blood sugar and blood pressure, shall be exempt from licensure and shall not be considered to be engaged in the practice of medicine conditioned upon compliance with all of the following:

(a) all instruments or devices used in making measures are approved by the Food and Drug Administration of the U.S. Department of Health, to the extent an approval is required, and the instruments and devices are used in accordance with those approvals;

(b) the facilities and testing protocol meet any standards or personnel training requirements of the Utah Department of Health;

(c) unlicensed personnel shall not interpret results of measures or tests nor shall they make any recommendation with respect to treatment or the purchase of any product;

(d) licensed personnel shall act within the lawful scope of practice of their license classification;

(e) unlicensed personnel shall conform to the referral and follow-up protocol approved by the Utah Department of Health for each measure or test; and

(f) information provided to those persons measured or tested for the purpose of permitting them to interpret their own test results shall be only that approved by the Utah Department of Health;

([4]3) non-licensed public safety individuals not having emergency medical technician (EMT) certification who are designated by appropriate city, county, or state officials as responders may be issued and allowed to carry the Mark I automatic injector antidote kits and may administer the antidote to himself or his designated first response "buddy". Prior to being issued the kits, the designated responders must successfully complete a course on the use of auto-injectors. The kits may be issued to the responder only by his employing agency and procured through the Utah Department of Health.

 

KEY: physicians, licensing

Date of Enactment or Last Substantive Amendment: [March 9, 2012]2013

Notice of Continuation: March 14, 2011

Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)