DAR File No. 41112

Commerce, Occupational and Professional Licensing

Section R156-68-304

Qualified Continuing Professional Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 41112
Filed: 12/19/2016 03:03:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Osteopathic Physician and Surgeon's Licensing Board and Division are proposing this filing to update the Utah Osteopathic Medical 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.

Summary of the rule or change:

This section is amended to make minor formatting changes throughout for clarification and to provide that an osteopathic physician/surgeon may fulfill a portion of the 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.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-68-101

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 osteopathic 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:

The proposed amendments 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:

The proposed amendments 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:

The proposed amendments 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:

The amendment to this section permits an osteopathic 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 the rule 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 lmarx@utah.gov

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.

R156-68. Utah Osteopathic Medical Practice Act Rule.

R156-68-304. Qualified Continuing Professional Education.

(1) In accordance with Subsection 58-68-304(1), the[The] qualified continuing professional education requirements[set forth in Subsection 58-68-304(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 AOA or ACCME.

(b) A maximum of 6 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 [an AOA or ACGME approved residency program ]shall [be considered to ]meet the continuing education requirement in a pro-rata amount equal to any part of the two-year[that 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: osteopaths, licensing, osteopathic physician

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

Notice of Continuation: February 7, 2013

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-68-101