DAR File No. 32711

Commerce, Occupational and Professional Licensing

R156-16a

Optometry Practice Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32711
Filed: 06/04/2009, 03:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Optometrist 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 replaced with "rule" where applicable. In Section R156-16a-102, added a definition for "practitioner". In Section R156-16a-304, added the Division of Occupational and Professional Licensing as an approved provider for continuing education.

State statutory or constitutional authorization for this rule:

Section 58-16a-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 optometrists and applicants for licensure in that classification. 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 optometrists 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 optometrists 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 clarifies the definition of a practitioner. It also permits the Division to provide continuing education, which will likely result in a cost savings to licensees and to the optometric industry. 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:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@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:

07/31/2009

Interested persons may attend a public hearing regarding this rule:

7/21/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/07/2009

Authorized by:

Thad LeVar, Deputy Director

R156. Commerce, Occupational and Professional Licensing.

R156-16a. Optometry Practice Act Rule[s].

R156-16a-101. Title.

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

 

R156-16a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 16a, as used in Title 58, Chapters 1 and 16a or [these rules]this rule:

(1) "Practitioner" means any person or individual licensed in this state as a physician and surgeon, osteopathic physician and surgeon, physician assistant, nurse practitioner or an optometric physician.

([1]2) "Verbal order" as used in Subsection 58-16a-102(3)(a), means that the attending optometrist ordered the contact lens prescription by telephone, or that an individual acting under the supervision and direction of the attending optometrist ordered the contact lens prescription by telephone.

 

R156-16a-103. Authority - Purpose.

[These rules are]This rule is adopted by the division under the authority of Subsection 58-1-106(1) to enable the division to administer Title 58, Chapter 16a.

 

R156-16a-304. Continuing Education.

In accordance with Section 58-16a-304, the standards for the 30 hours of qualified continuing professional education are 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.

(2) A maximum of two hours of continuing professional education will be accepted for 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.

([3]4) Qualified continuing professional education hours for licensees who have not been licensed for the entire two year renewal cycle will be prorated from the date of licensure.

([4]5) A licensee shall be responsible for maintaining competent records of completed qualified continuing professional education for a period of four years after close of the two year renewal cycle to which the records pertain.

([5]6) Hours in excess of the 30 hours obtained in one renewal cycle cannot be transferred to the next renewal cycle.

([6]7) 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 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.

 

KEY: optometrists, licensing

Date of Enactment or Last Substantive Amendment: [August 2, 2005]2009

Notice of Continuation: April 26, 2007

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