DAR File No. 32680

Commerce, Occupational and Professional Licensing

R156-70a

Physician Assistant Practice Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32680
Filed: 05/18/2009, 03:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Physician Assistant Licensing Board reviewed this rule and determined that changes needed to be made.

Summary of the rule or change:

Throughout the rule the term "rules" has been changed to "rule" where applicable. In Section R156-70a-304, amendments are made in this section with respect to continuing education to clarify the expectations and requirements for obtaining continuing education. The Division of Occupational and Professional Licensing is also added as an approved provider for continuing education.

State statutory or constitutional authorization for this rule:

Section 58-70a-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

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 costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed physician assistants and applicants for licensure as a physician assistant. As a result, the proposed amendments do not apply to local governments.

small businesses and persons other than businesses:

The proposed amendments only apply to licensed physician assistants 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. As a result of the proposed amendments, licensees will now have an additional option with respect to obtaining required continuing education hours as a result of the Division being added as an approved continuing education provider. Licensees may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession. However, any exact amount of savings is unable to be determined.

Compliance costs for affected persons:

The proposed amendments only apply to licensed physician assistants and applicants for licensure in that classification. As a result of the proposed amendments, licensees will now have an additional option with respect to obtaining required continuing education hours as a result of the Division being added as an approved continuing education provider. Licensees may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession. However, any exact amount of savings is unable to be determined.

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

This rule filing permits the Division to provide continuing education and clarifies the continuing education standards. As discussed in the rule summary, these changes will likely result in a cost savings to licensees. No other 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 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:

07/15/2009

Interested persons may attend a public hearing regarding this rule:

6/17/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/22/2009

Authorized by:

Thad LeVar, Deputy Director

R156. Commerce, Occupational and Professional Licensing.

R156-70a. Physician Assistant Practice Act Rule[s].

R156-70a-101. Title.

[These rules are]This rule is known as the "Physician Assistant Practice Act Rule[s]".

 

R156-70a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 70a, as used in th[ese rules]is rule:

(1) "Full time equivalent" or "FTE" means the equivalent of 2,080 hours of staff time for a one-year period.

(2) "Locum tenens" means a medical practice situation in which one physician assistant acts as a temporary substitute for the physician assistant who regularly will or does practice in that particular setting.

(3) "On-site supervision", as used in Section R156-70a-501, means the physician assistant will be working in the same location as the supervising physician.

 

R156-70a-103. Authority - Purpose.

[These rules are]This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 70a.

 

R156-70a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 70a is established by rule in Section R156-1-308a.

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

 

R156-70a-304. Continuing Education.

In accordance with Subsection 58-70a-304(1)(a), the requirements for qualified continuing professional education (CPE) are as follows:

(1) CPE shall consist of 40 hours in each preceding two year licensure cycle[ in:].

([a]2) A minimum of 34 hours shall be in category 1 offerings as established by the Accreditation Council for Continuing Medical Education (ACCME)[;].

(3) Approved providers for ACCME offerings include the following:

([b]a) approved programs sponsored by the American Academy of Physician Assistants (AAPA); or

([c]b) programs approved by other health-related continuing education approval organizations, provided the continuing education is nationally recognized by a healthcare accredited agency and the education is related to the practice as a physician assistant.

(4) A maximum of six hours may be recognized for non-ACCME offerings of continuing education provided by the Division of Occupational and Professional Licensing.

(5) Where a licensee submits documentation to the Division of current national certification by NCCPA, such certification shall be deemed to meet the requirements in Subsection (1).

(6) 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.

(7) 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 (6) above).

[ (2) If requested, the licensee shall provide documentation of completed qualified continuing professional education by any of the following means:

(a) certificates from sponsoring agencies;

(b) transcripts of participation on applicable institutions letterhead; or

(c) copy of current national certification by NCCPA.

] ([4]8) A licensee shall be responsible for maintaining competent records of completed continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to continuing professional education and to demonstrate it meets the requirements under this section. If requested, the licensee shall provide documentation of completed continuing education.

([3]9) Continuing professional education for licensees who have not been licensed for the entire two year period will be prorated from the date of licensure.

 

KEY: licensing, physician assistants

Date of Enactment or Last Substantive Amendment: [October 11, 2006]2009

Notice of Continuation: February 27, 2007

Authorizing, and Implemented or Interpreted Law: 58-70a-101; 58-1-106(1)(a); 58-1-202(1)(a)