DAR File No. 39343

Commerce, Occupational and Professional Licensing

Section R156-72-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39343
Filed: 05/04/2015 02:51:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Acupuncture Licensing Board reviewed the rule and determined the term "provision", as used in Subsection 58-72-102(4)(b)(ii), needs to be defined in the rule. Division note: The Division originally filed amendments to this rule section (R156-72-102) in DAR No. 39267 which was published in the May 1, 2015, Utah State Bulletin. However, the Division had inadvertently included the wrong rule text of Section R156-71-202 in its 04/09/2015 filing and the error was not noticed until the Division reviewed the May 1, 2015, Utah State Bulletin. As a result of this error, a new filing with the correct rule number Section R156-72-102 and the rule text for Section R156-72-102 are now being filed on 05/04/2015.

Summary of the rule or change:

A new Subsection R156-72-102(7) was added to define "provision" as used in Subsection 58-7-2-102(4)(b)(ii).

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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 amendment applies only to licensed acupuncturists. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendment applies only to licensed acupuncturists. 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 amendment applies only to licensed acupuncturists. The Division anticipates the proposed amendment will not result in additional encumbrances for any party beyond what is currently identified by statute and rule.

Compliance costs for affected persons:

The proposed amendment applies only to licensed acupuncturists. The Division does not anticipate the proposed amendment will result in any increase in costs for those affected.

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

As stated in the rule analysis, this filing defines the term "provision" in order to clarify a statutory provision. 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:

• April Ellis at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at aprilellis@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:

07/01/2015

Interested persons may attend a public hearing regarding this rule:

• 06/16/2015 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

07/08/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rule.

R156-72-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 72, as used in this rule:

(1) "Administration", as used in Subsection 58-72-102(4)(b)(ii), means the direct application of an herb, homeopathic, or supplement by ingestion, topical, inhalation, or acupoint injection therapy (AIT), to the body of a patient. Administration does not include: venous injections, immunizations, legend drugs and controlled substances.

(2) "Controlled substance" means a drug or substance as defined in Subsection 58-37-2(1)(f).

(3) "Legend drug" means a prescription drug as defined in Subsections 58-17b-102(30) and (61).

(4) "Insertion of acupuncture needles" means a procedure of acupuncture and oriental medicine which includes but is not limited to trigger point therapy, Ahshi points and dry needling techniques.

(5) "NCCAOM" means the National Commission for the Certification of Acupuncture and Oriental Medicine.

(6) "Modern research" means practicing according to acupuncture and oriental medicine training as recognized through NCCAOM.

(7) "Provision", as used in Subsection 58-72-102(4)(b)(ii), includes procurement of the substances listed in Subsection 58-72-102(4)(b)(ii).

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [February 10, 2014]2015

Notice of Continuation: October 20, 2011

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