DAR File No. 38157

Commerce, Occupational and Professional Licensing

Section R156-1-501

Unprofessional Conduct

Notice of Proposed Rule

(Amendment)

DAR File No.: 38157
Filed: 11/25/2013 05:27:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Osteopathic Physicians and Surgeon's Licensing Board, Physicians Licensing Board, Podiatric Physician Board and Physician Assistant Licensing Board are recommending the adoption of a new Federation of State Medical Board's model policy on the use of opioid analgesics in the treatment of chronic pain applicable to all prescribing practitioners. These guidelines in the model policy support Utah's initiative to reduce overdose deaths and increase safe prescribing.

Summary of the rule or change:

Subsection R156-1-501(7) is added to incorporate by reference the Federation of State Medical Board's Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain, dated July 2013.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-501(2)
• Section 58-1-308

This rule or change incorporates by reference the following material:

• Adds Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain, published by Federation of State Medical Boards, July 2013

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.

local governments:

The proposed amendments only apply to licensed prescribing practitioners in Utah. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed prescribing practitioners in Utah. Such licensees may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments only apply to licensed prescribing practitioners in Utah. There may be a slight fiscal impact to licensees because of time needed to re-educate or update themselves on the new policy with respect to the use of opioid analgesics in the treatment of chronic pain; however any total costs cannot be estimated by the Division. It should also be noted that no costs are involved with obtaining a copy of the model policy since the document is available at no cost from the Federation of State Medical Board's website.

Compliance costs for affected persons:

The proposed amendments only apply to licensed prescribing practitioners in Utah. There may be a slight fiscal impact to licensees because of time needed to re-educate or update themselves on the new policy with respect to the use of opioid analgesics in the treatment of chronic pain; however any total costs cannot be estimated by the Division. It should also be noted that no costs are involved with obtaining a copy of the model policy since the document is available at no cost from the Federation of State Medical Board's website.

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

As explained in the rule analysis, this filing requires medical practitioners to understand and comply with a nationally-recognized model policy regarding the prescribing of opioid analgesics. 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:

01/14/2014

This rule may become effective on:

01/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rule of the Division of Occupational and Professional Licensing.

R156-1-501. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or profession while an investigation or inquiry into allegations of unprofessional or unlawful conduct is in progress or after a charging document has been filed against the applicant or licensee alleging unprofessional or unlawful conduct;

(2) practicing a regulated occupation or profession in, through, or with a limited liability company which has omitted the words "limited company," "limited liability company," or the abbreviation "L.C." or "L.L.C." in the commercial use of the name of the limited liability company;

(3) practicing a regulated occupation or profession in, through, or with a limited partnership which has omitted the words "limited partnership," "limited," or the abbreviation "L.P." or "Ltd." in the commercial use of the name of the limited partnership;

(4) practicing a regulated occupation or profession in, through, or with a professional corporation which has omitted the words "professional corporation" or the abbreviation "P.C." in the commercial use of the name of the professional corporation;

(5) using a DBA (doing business as name) which has not been properly registered with the Division of Corporations and with the Division of Occupational and Professional Licensing; or

(6) failing, as a prescribing practitioner, to follow the "Model Policy for the Use of Controlled Substances for the Treatment of Pain", 2004, established by the Federation of State Medical Boards, which is hereby adopted and incorporated by reference; and

(7) failing, as a prescribing practitioner, to follow the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain", July 2013, adopted by the Federation of State Medical Boards, which is incorporated by reference.

 

KEY: diversion programs, licensing, supervision, evidentiary restrictions

Date of Enactment or Last Substantive Amendment: [November 21, 2013]2014

Notice of Continuation: January 5, 2012

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(2)