File No. 33264

This rule was published in the January 1, 2010, issue (Vol. 2010, No. 1) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Section R156-37-301

License Classifications - Restrictions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33264
Filed: 12/14/2009 08:43:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2008 Legislative Session in S.B. 56, the Naturopathic Physician Practice Act was amended to extend the scope of prescribing to testosterone. The Controlled Substances Act was also amended to reflect the naturopathic physician as a prescribing practitioner. However, this rule was not previously changed to include naturopathic physicians as a licensee who is qualified to be issued a controlled substance license. This rule change also moves the license category of certified registered nurse anesthetist to the advanced practice registered nurse category to better reflect changes made to the Nurse Practice Act in 2007 in S.B. 45. (DAR NOTES: S.B. 56 (2008) is found at Chapter 238, Laws of Utah 2008, and was effective 05/05/2008. S.B. 45 (2007) is found at Chapter 57, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

Subsection R156-37-301(1)(i) is amended to move the certified registered nurse anesthetist under the advanced practice registered nurse category. Subsection R156-37-301(1)(k) is amended to add a naturopathic physician as a license category who is qualified to be issued a controlled substance license.

State statutory or constitutional authorization for this rule:

  • Subsection 58-37-7.5(7)
  • Subsection 58-1-106(1)(a)
  • Subsection 58-37-6(1)(a)

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 only apply to licensed advanced practice registered nurse-certified registered nurse anesthetists and naturopathic physicians and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed advanced practice registered nurse-certified registered nurse anesthetists and naturopathic physicians and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. A licensed naturopathic physician could be a small business owner and the ability to obtain a controlled substance license and Drug Enforcement Administration (DEA) registration to prescribe testosterone may increase the number of patients for whom the naturopathic physician can provide services thus providing a positive effect on the practice/business.

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

The proposed amendments only apply to licensed advanced practice registered nurse-certified registered nurse anesthetists and naturopathic physicians, applicants for licensure in those classifications and patients who may utilize the services of a naturopathic physician. A client of a naturopathic physician who needs testosterone therapy may be able to receive a prescription from the naturopathic physician and not incur the unknown costs of seeing another prescribing practitioner.

Compliance costs for affected persons:

The proposed amendments only apply to licensed advanced practice registered nurse-certified registered nurse anesthetists and naturopathic physicians, applicants for licensure in those classifications and patients who may utilize the services of a naturopathic physician. A naturopathic physician who chooses to obtain a controlled substance license and a DEA registration to prescribe testosterone will incur the cost of a state controlled substance license ($90 initial application fee and $45 renewal fee every two years) and a DEA registration ($390 every three years). It is unknown whether these costs will be recovered by increasing the cost of a patient visit. It is also unknown how many licensed naturopathic physicians will apply for a controlled substance license.

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

No fiscal impact to businesses is anticipated from this rule filing beyond those already considered by the Legislature in passing statutory amendments to permit naturopathic physicians to prescribe testosterone.

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:

  • Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-37. Utah Controlled Substances Act Rules.

R156-37-301. License Classifications - Restrictions.

(1) Consistent with the provisions of law, the division may issue a controlled substance license to manufacture, produce, distribute, dispense, prescribe, obtain, administer, analyze, or conduct research with controlled substances in Schedules I, II, III, IV, or V to qualified persons. Licenses shall be issued to qualified persons in the following categories:

(a) pharmacist;

(b) optometrist;

(c) podiatric physician;

(d) dentist;

(e) osteopathic physician and surgeon;

(f) physician and surgeon;

(g) physician assistant;

(h) veterinarian;

(i) advanced practice registered nurse or advanced practice registered nurse-certified registered nurse anesthetist;

(j) certified nurse midwife;

(k) [certified registered nurse anesthetist]naturopathic physician;

(l) Class A pharmacy-retail operations located in Utah;

(m) Class B pharmacy located in Utah providing services to a target population unique to the needs of the healthcare services required by the patient, including:

(i) closed door;

(ii) hospital clinic pharmacy;

(iii) methadone clinics;

(iv) nuclear;

(v) branch;

(vi) hospice facility pharmacy;

(vii) veterinarian pharmaceutical facility;

(viii) pharmaceutical administration facility; and

(ix) sterile product preparation facility.

(n) Class C pharmacy located in Utah engaged in:

(i) manufacturing;

(ii) producing;

(iii) wholesaling; and

(iv) distributing.

(o) Class D Out-of-state mail order pharmacies.

(p) Class E pharmacy including:

(i) medical gases providers; and

(ii) analytical laboratories.

(q) Utah Department of Corrections for the conduct of execution by the administration of lethal injection under its statutory authority and in accordance with its policies and procedures.

(2) A license may be restricted to the extent determined by the division, in collaboration with appropriate licensing boards, that a restriction is necessary to protect the public health, safety or welfare, or the welfare of the licensee. A person receiving a restricted license shall manufacture, produce, obtain, distribute, dispense, prescribe, administer, analyze, or conduct research with controlled substances only to the extent of the terms and conditions under which the restricted license is issued by the division.

 

KEY: controlled substances, licensing

Date of Enactment or Last Substantive Amendment: [April 21, 2009]2010

Notice of Continuation: March 15, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37-7.5(7)

 


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov.