DAR File No. 41110

Commerce, Occupational and Professional Licensing

Section R156-16a-304

Continuing Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 41110
Filed: 12/19/2016 02:38:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Optometrist Licensing Board and Division are proposing this filing to update the Optometry Practice Act Rule to implement legislative changes made by H.B. 186, Volunteer Health Care Continuing Education Credit, which was passed during the 2016 General Session. This filing also makes formatting changes for clarification and correction.

Summary of the rule or change:

This section is amended to provide that an optometrist may fulfill a portion of the optometrist's continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility; for every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. Formatting changes were also made for clarification and correction, including correcting the reference to the continuing education requirements for optometrists who are controlled substance prescribers.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Title 16a, Chapter 101
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to those persons who are required to be licensed as an optometrist and choose to earn continuing education credit by providing volunteer services. The volunteer services provided could possibly benefit a local government by increasing the health of any population it serves that would otherwise go without health care for financial reasons. The amount of the potential savings cannot be estimated, as it will vary depending on circumstances.

small businesses:

Optometrists who operate small businesses and provide volunteer services may be impacted by the cost of record keeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the costs or savings cannot be estimated, as it will vary from business to business depending on the amount of volunteer services provided.

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

Licensees will bear the cost of the services provided, relative to their time spent providing the services and documenting such services for continuing education credit. The uninsured, underserved, and indigent population will benefit financially from increased availability of free or reduced-cost health care services and from improved health. The amount of the costs or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer services provided.

Compliance costs for affected persons:

A licensee will bear the cost of the services provided, relative to the licensee's time spent providing the services and documenting such services for continuing education credit. The Division, however, is not able to determine any exact costs, as it would vary depending on licensee circumstances.

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

The amendment to this section permits an optometrist to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. Other amendments to the rule require that continuing professional education hours required for controlled substance prescribers shall be in accordance with Section 58-37-65 and Section R156-37-402. There are also considerable formatting changes to the rule. These other changes to the rule will have no impact on businesses.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Larry Marx at the above address, by phone at 801-530-6254, 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:

02/14/2017

This rule may become effective on:

02/21/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-16a. Optometry Practice Act Rule.

R156-16a-304. Continuing Education.

In accordance with Section 58-16a-304, the standards for the 30 hours of qualified continuing professional education are as follows:[the following.]

(1) [With the exception of Subsections (2) and (3), only courses approved by the Council on Optometric Professional Education (COPE) or optometry related courses approved by the Council on Medical Education will be accepted]Except for the special courses and volunteer hours described in Subsections R156-16a-304(2), (3) and (4), all qualified continuing professional education must be:

(a) courses approved by the Council on Professional Education (COPE); or

(b) optometry-related courses approved by the Council on Medical Education.

(2) A maximum of two hours of continuing professional education [will be accepted for]may be courses in certification or recertification in cardiopulmonary resuscitation (CPR) or Basic Life Support (BCLS).

(3) A maximum of two hours of continuing professional education may come from the Division of Occupational and Professional Licensing for training regarding the use of the Utah Controlled Substance Database.

(4) Licensees may fulfill up to 15% of their continuing education requirement by providing volunteer services within the scope of their license at a qualified location, in accordance with Section 58-13-3. For every four documents hours of volunteer services, the licensee may earn one hour of continuing education.

([4]5) Qualified continuing professional education hours for licensees who have not been licensed for the entire two-year[two year] renewal cycle will be prorated from the date of licensure.

([5]6) A licensee shall [be responsible for maintaining]maintain competent records of completed qualified continuing professional education for a period of four years after close of the two-year[two year renewal cycle] licensure period to which the records pertain. It is the responsibility of the licensee to demonstrate that their continuing professional education meets the requirements of this section.

([6]7) Hours in excess of the 30 hours obtained in one two-year licensure[renewal] cycle cannot be transferred to the next renewal cycle.

([7]8) A licensee who has a serious health problem or who has left the United States for an extended period of time , which may prevent the licensee from being able to comply with the professional continuing education requirements established under this section , may be excused from completing some or all of the requirements established under this section by submitting a written request to the Division and receiving Division approval.

(9) Additional continuing professional education hours required for controlled substance prescribers shall be in accordance with Section 58-37-6.5 and Section R156-37-402.

 

KEY: optometrists, licensing

Date of Enactment or Last Substantive Amendment: [October 22, 2009]2017

Notice of Continuation: February 21, 2012

Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)