Commerce, Occupational and Professional Licensing

Rule R156-16a

Optometry Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35893
Filed: 02/21/2012 02:20:36 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 16a, provides for the licensure of optometrists. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-16a-201(3) provides that the Optometrist Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 16a, with respect to optometrists.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in April 2007, it has been amended one time. The Division received the following written comments: a 07/15/2009 email from Clive Watson, Executive Director, Utah Optometric Association, in which he requested clarification of adding the Division of Occupational and Professional Licensing (DOPL) as a continuing education provider for licensed optometrists; a 07/16/2009 email from Russ Purdy in which he expressed concerns regarding adding DOPL as a continuing education provider for licensed optometrists without going through national continuing education provider accrediting agencies; and a 07/15/2009 email from Michael M. Judkins, OD in which he suggested further clarifying the type of continuing education training which would be provided by DOPL and also expressed concerns regarding adding DOPL as a continuing education provider for licensed optometrists without going through national continuing education provider accrediting agencies. As a result of further review by the Division and the Optometrist Licensing Board, comments received during a 07/21/2009 rule hearing and written comments received by the Division, the Division filed a change in proposed rule filing on 08/31/2009 which further clarified that continuing education training conducted by DOPL for licensed optometrists would only be related to the use of the Utah Controlled Substance Database. The initial proposed rule amendments and the change in proposed rule amendment were ultimately made effective on 10/22/2009.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 16a, with respect to optometrists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

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

Authorized by:

Mark Steinagel, Director

Effective:

02/21/2012