Commerce, Occupational and Professional Licensing

Rule R156-16a

Optometry Practice Act Rules

Change in Proposed Rule

DAR File No.: 32711
Filed: 08/31/2009 08:22:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following further review of this rule by the Optometrist Licensing Board and the Division, and as a result of a July 2009 rule hearing and written comments received, an additional amendment is being proposed to further clarify the rule.

Summary of the rule or change:

In Subsection R156-16a-304(3), added that the continuing education which may come from the Division of Occupational and Professional is for training regarding the use of the Utah Controlled Substance Database. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the July 1, 2009, issue of the Utah State Bulletin, on page 15. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 58-16a-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

No additional costs or savings beyond those identified in the original proposed rule amendment filing are anticipated.

local governments:

The additional proposed amendment only applies to licensed optometrists. As a result, the additional proposed amendment does not apply to local governments.

small businesses:

No additional costs or savings beyond those identified in the original proposed rule amendment filing are anticipated for small businesses.

persons other than small businesses, businesses, or local governmental entities:

No additional costs or savings beyond those identified in the original proposed rule amendment filing are anticipated for other persons.

Compliance costs for affected persons:

No additional costs or savings beyond those identified in the original proposed rule amendment filing are anticipated.

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

This rule filing clarifies that the Division may provide a maximum of two hours of continuing education relating to the controlled substance database. No fiscal impact to businesses is anticipated from this clarification.

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
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:

10/15/2009

This rule may become effective on:

10/22/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-16a. Optometry Practice Act Rule.

. . . . . . .

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 for training regarding the use of the Utah Controlled Substance Database.

(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.

(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.

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

(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: 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)