DAR File No. 41111

Commerce, Occupational and Professional Licensing

Rule R156-67

Utah Medical Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 41111
Filed: 12/19/2016 02:52:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Physicians Licensing Board and Division are proposing this filing to update this 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 and deletes a reference to testing prerequisites that no longer need to be included in the rule.

Summary of the rule or change:

Subsection R156-67-302d(1) incorrectly references a statutory citation and this amendment is updating the citation to Subsection 58-67-302(1)(f). Section R156-67-302e is being deleted in its entirety because it is no longer necessary; all testing prerequisites listed in this section are already required for physicians and surgeons prior to graduation and entrance to residency programs. The amendments to Subsection R156-67-304(1) make minor formatting changes throughout for clarification; and Subsection R156-67-304(2) provides that physicians/surgeons may fulfill a portion of their continuing education requirement by providing volunteer health care services within the scope of license in a qualified health care facility. For every four hours of such volunteer services, a licensee may receive one hour of continuing education credit, up to 15% of the required continuing education.

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 $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:

Changes to Section R156-67-302d update a statutory citation only and will have no impact on local government. The proposed amendments in Section R156-67-304 apply only to those persons who are required to be licensed as a physician/surgeon 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:

Changes to Section R156-67-302d update a statutory citation only and will have no impact on small businesses. The proposed amendments in Section R156-67-304 may impact small businesses operated by health care professionals who choose to provide volunteer services. These small businesses may be impacted by the cost of record keeping and lost revenue if owners and employees 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:

Changes to Section R156-67-302d update a statutory citation only and will have no impact on other persons. The proposed amendments in Section R156-67-304 may impact licensees who choose to obtain continuing education credit by providing volunteer health care services. These licensees will bear the cost relative to their time spent providing the service 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. The amount of the cost to licensees cannot be estimated, as it varies depending on circumstances.

Compliance costs for affected persons:

Changes to Section R156-67-302d update a statute citation only and will have no impact on affected persons. The proposed amendments in Section R156-67-304 may impact a licensee who chooses to obtain continuing education credit by providing volunteer services, relative to the licensee's time spent providing the services and documenting the services for credit. The compliance and documentation cost cannot be estimated, as it varies depending on circumstances.

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

Section R156-67-302e is deleted in its entirety because it is no longer necessary; all testing prerequisites listed in this subsection are already required for physicians and surgeons prior to graduation and entrance to residency programs. No fiscal impact on businesses will result from this change. The amendment to Section R156-67-304 permits a physician/surgeon to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. There are also formatting changes to Sections R156-67-302d and R156-67-304, which 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.

R156-67. Utah Medical Practice Act Rule.

R156-67-302d. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-67-302(1)([g]f), the required licensing examination sequence is as follows[the following]:

(a) the FLEX components I and II on which the applicant shall have achieved a score of not less than 75 on each component part;

(b) the NBME examination parts I, II, and III on which the applicant shall achieve a passing score of not less than 75 on each part;

(c) the USMLE, steps 1, 2 and 3 on which the applicant shall achieve a score of not less than 75 on each step;

(d) the LMCC examination, Parts 1 and 2;

(e) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the NBME part III or the USMLE step 3;

(f) the FLEX component 1 and the USMLE step 3; or

(g) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the FLEX component 2.

(h) In accordance with Subsection 58-67-302.5(1)(g), all applicants who are foreign medical graduates shall pass the FMGEMS unless they pass the USMLE steps 1 and 2.

(i) Candidates who fail any combination of the USMLE, FLEX and NBME three times must provide a narrative regarding the failure and may be requested to meet with the Board and Division.

(2) In accordance with Subsections 58-67-302(1)(g) and (2)(e), an applicant may be required to take the SPEX examination if the applicant:

(a) has not practiced in the past five years;

(b) has had disciplinary action within the past five years; or

(c) has had a substance abuse disorder or physical or mental impairment within the past five years which may affect the applicant's ability to safely practice.

(3) In accordance with Subsection (2) above, the passing score on the SPEX examination is 75.[

 

R156-67-302e. Qualifications for Licensure - Requirements for Admission to the Examinations.

(1) Admission to the USMLE steps 1 and 2 shall be in accordance with policies and procedures of the FSMB and the NBME.

(2) Requirements for admission to the USMLE step 3 are:

(a) completion of the education requirements as set forth in Subsections 58-67-302(1)(d) and (e);

(b) passing scores on USMLE steps 1 and 2, or the FLEX component 1, or the NBME parts I and II;

(c) have passed the first USMLE step taken, either 1 or 2, within seven years if enrolled in a medical doctorate program and ten years if enrolled in a medical doctorate/doctorate of philosophy program; and

(d) have not failed a combination of USMLE step 3, FLEX component 2 and NBME part III, three times.]

 

R156-67-304. Qualified Continuing Professional Education.

(1) In accordance with Subsection 58-67-304(1), the[The] qualified continuing professional education requirements [set forth in Subsection 58-67-304(1) ]shall consist of 40 hours [in]during each [preceding two year]two-year licensure cycle, as follows:[.]

(a) A minimum of 34 of the required hours shall be in category 1 offerings as established by the ACCME.

(b) A maximum of six hours of continuing education may come from the Division of Occupational and Professional Licensing.

(c) Up to 15% of the required hours may come from providing volunteer health care services within the scope of the licensee's license at a qualified location, in accordance with Section 58-13-3 concerning charity health care. One hour of continuing education credit may be earned for every four documented hours of volunteer services.

([c]d) Participation in a residency program approved by the AOA or the ACCME shall[an ACGME approved residency program shall be considered to] meet the continuing education requirement in a pro-rata amount equal to any part of [that two year]the two-year period.

(2) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and

(c) have a method of verification of attendance and completion which may include a "CME Self Reporting Log".

(3) Credit for continuing education shall be recognized in 50 -[]minute hour blocks of time for education completed in formally established classroom courses, seminars, lectures, conferences or training sessions which meet the criteria listed in Subsection (2) above.

(4) A licensee must be able to document completion of the continuing professional education upon the request of the Division. Such documentation shall be retained until the next renewal cycle.

 

KEY: physicians, licensing

Date of Enactment or Last Substantive Amendment: [2016]2017

Notice of Continuation: February 8, 2016

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