DAR File No. 32551

Commerce, Occupational and Professional Licensing

R156-81

Retired Volunteer Health Care Practitioner Act Rule

NOTICE OF PROPOSED RULE

DAR File No.: 32551
Filed: 04/27/2009, 07:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2009 General Session of the Legislature, H.B. 121 was passed which created Title 58, Chapter 81, with respect to the licensing and regulation of retired volunteer health care practitioners. This rule is being proposed to clarify provisions of that statute. (DAR NOTE: H.B. 121 (2009) is found at Chapter 263, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This new rule provides for the following: title, definitions, authority/purpose, qualifications for licensure/application requirements, organization/relationship to Rule R156-1 and renewal cycle/procedures.

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a) and 58-81-104(4)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print the rule once the new rule is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

This proposed new rule only applies to certain licensed occupations and professions outlined in Title 58, Chapter 81, and therefore it does not apply to local governments.

small businesses and persons other than businesses:

Small businesses who qualify as a "qualified location" will benefit from the new statute and this resulting rule because certain licensed individuals may volunteer at their charity care facility without compensation. There will be no costs or savings to the licensed occupations/professions outlined in Title 58, Chapter 81, as the governing statute provides the Division shall waive all fees for an applicant who applies for a volunteer health care practitioner license.

Compliance costs for affected persons:

There will be no costs to the licensed occupations/professions outlined in Title 58, Chapter 81, as the governing statute provides the Division shall waive all fees for an applicant who applies for a volunteer health care practitioner license.

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

This rule filing adopts provisions necessary to administer the Retired Volunteer Health Care Practitioner Act, Laws of Utah 2009 (H.B. 121, Second Substitute). No fiscal impact to businesses is anticipated as the applicable law contemplates no costs to volunteer practitioners for license application fees and no compensation to the volunteer practitioners from those who receive services. 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 ntaxin@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:

06/15/2009

Interested persons may attend a public hearing regarding this rule:

5/18/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

06/22/2009

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-81. Retired Volunteer Health Care Practitioner Act Rule.

R156-81-101. Title.

This rule is known as the Retired Volunteer Health Care Practitioner Act Rule.

 

R156-81-102. Definitions.

In addition to the definitions in Title, Chapters 1 and 81, as used in Title 58, Chapter 81 or this rule:

(1) "Qualified location", as defined in Subsection 58-81-102(3), must be a Section 501(c)(3) non-profit organization recognized by the Internal Revenue Service.

(2) "Charitable purpose" means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of public safety, law enforcement or firefighter fraternal association.

(3) "Supervision" is further defined according to the regulating professional practice acts as referred to in Subsection 58-81-102(2).

 

R156-81-103. Authority - Purpose.

This rule is adopted by the division under the authority of Subsections 58-1-106(1)(a) and 58-81-104(4) to enable the division to administer Title 58, Chapter 81.

 

R156-81-104. Qualifications for Licensure - Application Requirements.

In accordance with Subsections 58-1-203(1)(g) and 58-1-301(3), the application requirements for licensure in Section 58-81-104 are established as follows. The applicant shall:

(1) complete the division approved form for the delegation of service agreement; and

(2) sign the affidavits in the application certifying that:

(a) the applicant understands the applicable laws and rules;

(b) the applicant will engage exclusively in volunteer health care services;

(c) the applicant will not receive compensation for services; and

(d) an agreement for delegation of services is in place.

 

R156-81-105. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

 

R156-81-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to a licensee under Title 58, Chapter 81 is the same renewal cycle applicable to a similarly situated licensed practitioner as established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

KEY: licensing, volunteer health care practitioner

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-81-104(4)