File No. 36873

This rule was published in the October 15, 2012, issue (Vol. 2012, No. 20) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Section R156-37-402

Continuing Professional Education for Controlled Substance Prescribers

Notice of Proposed Rule

(Amendment)

DAR File No.: 36873
Filed: 09/27/2012 05:11:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is proposing this rule filing to implement the provisions of S.B. 127 which was passed during the 2012 General Session.

Summary of the rule or change:

Section R156-37-402 is being added to the rule to further define, as specified in S.B. 127, the educational content and requirements for controlled substance prescriber classes.

State statutory or constitutional authorization for this rule:

  • Subsection 58-37f-301(1)
  • Subsection 58-1-106(1)(a)
  • Section 58-37-6(1)(a)

Anticipated cost or savings to:

the state budget:

These proposed amendments are only a clarification of the statutory requirement and therefore, the Division has determined the proposed amendments should not have a fiscal impact to the state budget beyond those already identified in the fiscal analysis of S.B. 127.

local governments:

The proposed amendments are only a clarification of the statutory requirement and therefore, the Division has determined the proposed amendments should not have a fiscal impact to local governments beyond those already identified in the fiscal analysis of S.B. 127.

small businesses:

These proposed amendments are only a clarification of the statutory requirement and therefore, the Division has determined the proposed amendments should not have a fiscal impact to small businesses beyond those already identified in the fiscal analysis of S.B. 127.

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

These proposed amendments are only a clarification of the statutory requirement and therefore, the Division has determined the proposed amendments should not have a fiscal impact to other persons beyond those already identified in the fiscal analysis of S.B. 127.

Compliance costs for affected persons:

These proposed amendments are only a clarification of the statutory requirement and therefore, the Division has determined the proposed amendments should not have a fiscal impact to affected persons beyond those already identified in the fiscal analysis of S.B. 127.

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

This rule filing clarifies the continuing professional education requirement. Therefore, no fiscal impact to businesses is anticipated.

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
HEBER M WELLS BLDG
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:

11/14/2012

Interested persons may attend a public hearing regarding this rule:

  • 11/08/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

11/21/2012

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-37. Utah Controlled Substances Act Rule.

R156-37-402. Continuing Professional Education for Controlled Substance Prescribers.

In accordance with Section 58-37-6.5, qualified continuing professional education requirements for controlled substance prescribers are further established as follows:

(1) All licensed controlled substance prescribers shall complete four hours of qualified continuing professional education during each two year period of licensure.

(2) Qualified continuing professional education hours for licensees who have not been licensed for the entire two year period will be prorated from the date of licensure.

(3) Continuing education under this section shall:

(a) be prepared and presented by individuals who are qualified by education, training and experience to provide the controlled substance prescriber continuing education;

(b) have a method of verification of attendance and a post course knowledge assessment or examination; and

(c) teach content as set forth in Subsection 58-37-6.5(2).

(4) Credit for continuing education shall be recognized in accordance with the following:

(a) continuing education shall be presented by an organization accredited to provide continuing medical education as set forth in Subsection 58-37-6.5(1)(b)(ii) and be approved as set forth in Subsection 58-37-6.5(1)(b)(iii); and

(b) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes.

(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 period to which the records pertain.

 

KEY: controlled substances, licensing, controlled substance database

Date of Enactment or Last Substantive Amendment: [February 8, 2010]2012

Notice of Continuation: February 21, 2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-37-6(1)(a); 58-37f-301(1)

 


Additional Information

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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.