File No. 34311

This rule was published in the January 1, 2011, issue (Vol. 2011, No. 1) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-72

Acupuncture Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34311
Filed: 12/14/2010 09:19:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Acupuncture Licensing Board reviewed this rule and determined that changes should be made to update and clarify the renewal cycle section and to add a section regarding unprofessional conduct definitions.

Summary of the rule or change:

Updated the term "rules" to "rule" and capitalized "Division" throughout the rule. In Section R156-72-303, updated rule citations and clarified that a licensee must complete 30 CEU's within each two-year renewal period as allowed under Section 58-72-303. Section R156-72-503 is a new section which defines unprofessional conduct relating to licensed acupuncturists to include: 1) failing to maintain equipment in a safe and sanitary condition; 2) failing to maintain continuing education units (CEU's); 3) administering non-prescription injections without training; 4) failing to abide by the National Commission for Certification of Acupuncture and Oriental Medicine (NCCAOM) "code of ethics"; and 5) failing to maintain medical records for a ten-year period.

State statutory or constitutional authorization for this rule:

  • Subsection 58-1-106(1)(a)
  • Section 58-72-101
  • Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

  • Adds Code of Ethics, published by National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM), 10/14/2008

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 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. Initially there may be more Division investigations as a result of the proposed amendments; however, the clarification of unprofessional conduct definitions should make any additional investigations straight forward.

local governments:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The proposed amendments may affect some acupuncturists that are not maintaining practice standards as required nationally and they will need to adapt their practices accordingly which will have an unknown cost.

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

The proposed amendments only apply to acupuncturists and applicants for licensure in that classification. The proposed amendments may affect some acupuncturists that are not maintaining practice standards as required nationally and they will need to adapt their practices accordingly which will have an unknown cost.

Compliance costs for affected persons:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The proposed amendments may affect some acupuncturists that are not maintaining practice standards as required nationally and they will need to adapt their practices accordingly which will have an unknown cost. The renewal requirement for licensed acupuncturists to complete 30 CEU's every two years appears to be a new requirement, but it is not. The requirement is addressed under Section 58-72-303 and is now being included under Section R156-72-303 for clarity.

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

This rule filing clarifies the unprofessional conduct and license renewal provisions. No fiscal impact to businesses is anticipated from such clarification and as indicated in the rule summary, any impact to licensees is expected to be minimal.

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:

  • 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:

01/31/2011

Interested persons may attend a public hearing regarding this rule:

  • 01/31/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT [DAR NOTE: This hearing has been canceled. See notice published in the 01/15/2011 Bulletin.]

This rule may become effective on:

02/07/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rule[s].

R156-72-101. Title.

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

 

R156-72-103. Authority - Purpose.

[These rules are]This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 72.

 

R156-72-303. 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 72 is established by rule in Section R156-1-308a.

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

(3) In accordance with Section 58-72-303, a licensee must complete 30 continuing education units (CEU's) within the two year renewal period.

 

R156-72-503. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing to maintain office, instruments, equipment, appliances and supplies in a safe and sanitary condition that meets the Utah Department of Health standards;

(2) failing as a licensee to maintain the professional development requirements (CEU's or PDA's) as required by the National Commission for Certification of Acupuncture and Oriental Medicine (NCCAOM);

(3) administering injections of non-prescription drugs or substances such as sterile water, vitamins, minerals, homeopathics, herbs and other similar substances without sufficient competency and training as demonstrated by the completion of a recognized NCCAOM course on injectables and their administration;

(4) failing to abide by and meet standards of the "Code of Ethics" set by NCCAOM, adopted on October 14, 2008, which are hereby incorporated by reference; and

(5) failing to maintain medical records for a ten year period.

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [October 11, 2006]2011

Notice of Continuation: January 9, 2007

Authorizing, and Implemented or Interpreted Law: 58-72-101; 58-1-106(1)(a); 58-1-202(1)(a)

 


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/2011/b20110101.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 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.