DAR File No. 38106

Commerce, Occupational and Professional Licensing

Rule R156-67

Utah Medical Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38106
Filed: 11/07/2013 12:14:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Physicians Licensing Board are proposing amendments to the rule to implement statute changes made in Subsection 58-67-305(6) which were passed in H.B. 51 during the 2013 General Legislative Session.

Summary of the rule or change:

In Section R156-67-103, capitalized "Division". In Section R156-67-306, the proposed amendment identifies medical practices and procedures that a medical assistant may not perform.

State statutory or constitutional authorization for this rule:

• Section 58-67-101
• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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. The Division is not aware of any further costs beyond those considered by the Legislature in the passing of H.B 51 (2013).

local governments:

The proposed amendments only apply to licensed physicians and surgeons and their use of medical assistants in their practice of medicine. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments may affect small businesses that are currently using medical assistants to diagnose or establish treatment plans. However, the Division cannot estimate any costs due to varying circumstances. Also any anticipated costs would have been considered by the Legislature in the passing of H.B. 51 (2013).

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

The proposed amendments may affect other persons that are currently using medical assistants to diagnose or establish treatment plans. However, the Division cannot estimate any costs due to varying circumstances. Also any anticipated costs would have been considered by the Legislature in the passing of H.B. 51 (2013).

Compliance costs for affected persons:

The proposed amendments may affect licensed physicians/surgeons that are currently using medical assistants to diagnose or establish treatment plans. However, the Division cannot estimate any costs due to varying circumstances. Also any anticipated costs would have been considered by the Legislature in the passing of H.B. 51 (2013).

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

As explained in the rule analysis, businesses that currently use medical assistants to diagnose or to establish treatment plans will be required to change their policies and procedures to ensure that these duties are performed by licensed medical professionals. The attendant costs, if any, will vary and cannot be estimated.

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:

12/31/2013

Interested persons may attend a public hearing regarding this rule:

• 12/11/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

01/07/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-67. Utah Medical Practice Act Rule.

R156-67-103. Authority - Purpose.

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 67.

 

R156-67-306. Exemptions from Licensure.

In accordance with Subsection 58-1-307(1), exemptions from licensure as a physician and surgeon include the following:

(1) any physician exempted from licensure, who engages in prescribing, dispensing, or administering a controlled substance outside of a hospital, shall be required to apply for and obtain a Utah Controlled Substance License as a condition precedent to them administering, dispensing or prescribing a controlled substance;

(2) any person engaged in a competent public screening program making measures of physiologic conditions including serum cholesterol, blood sugar and blood pressure, shall be exempt from licensure and shall not be considered to be engaged in the practice of medicine conditioned upon compliance with all of the following:

(a) all instruments or devices used in making measures are approved by the Food and Drug Administration of the U.S. Department of Health, to the extent an approval is required, and the instruments and devices are used in accordance with those approvals;

(b) the facilities and testing protocol meet any standards or personnel training requirements of the Utah Department of Health;

(c) unlicensed personnel shall not interpret results of measures or tests nor shall they make any recommendation with respect to treatment or the purchase of any product;

(d) licensed personnel shall act within the lawful scope of practice of their license classification;

(e) unlicensed personnel shall conform to the referral and follow-up protocol approved by the Utah Department of Health for each measure or test;[and]

(f) information provided to those persons measured or tested for the purpose of permitting them to interpret their own test results shall be only that approved by the Utah Department of Health;

(3) non-licensed public safety individuals not having emergency medical technician (EMT) certification who are designated by appropriate city, county, or state officials as responders may be issued and allowed to carry the Mark I automatic injector antidote kits and may administer the antidote to himself or his designated first response "buddy". Prior to being issued the kits, the designated responders must successfully complete a course on the use of auto-injectors. The kits may be issued to the responder only by his employing agency and procured through the Utah Department of Health; and

(4) in accordance with Section 58-67-305, a medical assistant, while working under the indirect supervision of a licensed physician and surgeon, may not additionally engage in:

(a) diagnosing; or

(b) establishing a treatment plan.

 

KEY: physicians, licensing

Date of Enactment or Last Substantive Amendment: [April 8, 2013]2014

Notice of Continuation: March 14, 2011

Authorizing, and Implemented or Interpreted Law: 58-67-101; 58-1-106(1)(a); 58-1-202(1)(a)