The Division of Occupational and Professional Licensing (DOPL) provides notice that a scheduled rule hearing for Rule R156-1a on January 11, 2010, is canceled. This rule was originally published in the December 15, 2009, issue of the Utah State Bulletin under DAR No. 33228. DOPL has elected to mail a letter containing the notice of cancellation to interested parties, as well as publish the text of the letter in the Utah State Bulletin, in the interest of informing as many persons as possible (see the following).

FROM: Mark B. Steinagel, Director, Division of Occupational and Professional Licensing

TO: All Interested Parties

SUBJECT: Draft Limited Online Prescribing Permit Rule Update -- Hearing Canceled

DATE: December 28, 2009

I am writing this letter to give you a further status update regarding the Limited Online Prescribing Permit Rule that was published in the December 15, 2009 edition of the Utah State Bulletin. You can access our filing at www.dopl.utah.gov/proposed_rules.html or at www.rules.utah.gov/publicat/bulletin.htm.

By way of reminder, the 30 day public comment period on our filing is ongoing and written comments will be received until January 14, 2010.

Last week I was contacted by Senator Curtis Bramble of the Utah State Legislature. He indicated that it is his intent to sponsor legislation to further clarify the regulatory landscape of the online prescribing arena.

Senator Bramble requested that we delay taking action by rulemaking until after the upcoming 2010 Legislative Session. He further indicated that it is his intent to meet with stakeholders on the issues sometime in early January 2010. I have committed to work closely with Senator Bramble on the issues. The 2010 Legislature convenes on January 25, 2010 and adjourns on March 11, 2010.

In light of this development I have determined it is appropriate to cancel the optional public hearing that was scheduled to be held on January 11, 2010. Notice of the cancellation should appear in the January 1, 2010 Utah State Bulletin.

This action does not limit my option to finalize the rule filing no later than 120 days after the publication date, or no later than April 14, 2010. I also have the option of revising the proposed rule filing within the 120 days. This would trigger another publication, another public comment period, and optionally another public hearing.

It is my intent to await any further legislative action before determining how to proceed with the rule filing, to include rescheduling the public hearing on the filing if I consider it necessary and appropriate, filing a revised proposed rule that addresses any changes made by the Legislature, letting the current rule filing expire, filing a new rule filing, etc.

I encourage your continued participation in both the legislative and the rulemaking arena. Please understand that our rulemaking in this arena is dependant upon enabling legislation. In other words, our rulemaking authority must come from statute. Your involvement in the policy discussion at the Legislature will ensure the best end product.

Our oft-repeated goals remain the same: (1) protection of public health, safety, and welfare; (2) transparency of the regulatory scheme; (3) predictability of the application process; and (4) a level playing field.

Please contact me if you have any questions or concerns.

Thank you again for your participation.