DAR File No. 40905

This rule was published in the November 15, 2016, issue (Vol. 2016, No. 22) of the Utah State Bulletin.

Commerce, Occupational and Professional Licensing

Section R156-70a-304

Continuing Education

Notice of Proposed Rule


DAR File No.: 40905
Filed: 10/24/2016 10:20:16 AM


Purpose of the rule or reason for the change:

The Division and Physician Assistant Licensing Board reviewed the rule and are proposing amendments to this rule to implement H.B. 186, Volunteer Health Care Continuing Education Credit, which was passed during the 2016 General Session with respect to continuing education.

Summary of the rule or change:

In accordance with H.B. 186 (2016), a physician assistant may fulfill a portion of their continuing education requirement by providing volunteer health care services in a qualified health care facility. For every four hours of volunteer health care services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education hours.

Statutory or constitutional authorization for this rule:

  • Section 58-70a-101
  • Subsection 58-1-106(1)(a)
  • Subsection 58-1-202(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 amendments apply only to those persons who are required to be licensed as a physician assistant and choose to obtain continuing education by providing volunteer services. The volunteer services provided would benefit the local population that lacks health care insurance or financial means to pay for health care services. As a result, the proposed amendments do not apply to local governments.

small businesses:

Health care professionals who operate small businesses and provide volunteer services may be impacted by the cost of record keeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the cost or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer service provided.

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

A licensed physician assistant will bear the cost of the services provided relative to their time spent providing the service. The uninsured, underserved, and indigent population will benefit from increased availability of health care services and improved opportunity for these services. The amount of the cost cannot be estimated by the Division as it will vary from licensee to licensee depending on the amount of volunteer service provided.

Compliance costs for affected persons:

Licensed physician assistants will need to document volunteer services provided for audit by the Division to ensure compliance. The amount of any costs cannot be estimated by the Division as it will vary from licensee to licensee depending on the amount of volunteer service provided.

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

These rule changes permit a physician assistant to satisfy a limited number of continuing education requirement credits by providing volunteer service in a qualified health care facility. 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 Office of Administrative Rules, or at:

Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Larry Marx at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@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:


Interested persons may attend a public hearing regarding this rule:

  • 12/06/2016 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:


Authorized by:

Mark Steinagel, Director


R156. Commerce, Occupational and Professional Licensing.

R156-70a. Physician Assistant Practice Act Rule.

R156-70a-304. Continuing Education.

In accordance with Subsection 58-70a-304(1)(a), the requirements for qualified continuing professional education (CPE) are as follows:

(1) CPE shall consist of 40 hours during[in] each [preceding ]two -[ ]year licensure cycle. A licensee's [may submit ]documentation to the Division of current national certification by NCCPA[; such certification] shall be deemed to meet the requirements in this section.

(2) Licensees may fulfill up to 15% of their CPE requirement by providing volunteer services within the scope of their license at a qualified location, in accordance with Section 58-13-3. For every four documented hours of volunteer services, the licensee may earn one hour of CPE credit.

([2]3) A minimum of 34 hours shall be in category 1 offerings as established by the Accreditation Council for Continuing Medical Education (ACCME).

([3]4) Approved providers for ACCME offerings include the following:

(a) approved programs sponsored by the American Academy of Physician Assistants (AAPA); or

(b) programs approved by other health-related continuing education approval organizations, provided the continuing education is nationally recognized by a healthcare accredited agency and the education is related to the practice as a physician assistant.

([4]5) A maximum of six CPE hours may be recognized for non-ACCME offerings of continuing education provided by the Division of Occupational and Professional Licensing.

([5]6) [Continuing education]CPE under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide medical continuing education; and

(c) have a method of verification of attendance and completion.

([6]7) CPE credit[Credit for continuing education] shall be recognized in 50 minute hour blocks of time for education completed in formally established classroom courses, seminars, lectures, conferences or training sessions which meet the criteria listed in Subsection ([5]6) above).

([7]8) A licensee shall [be responsible for maintaining]maintain competent records of completed continuing professional education for a period of four years after close of the two -[ ]year licensure period[to which the records pertain]. It is the responsibility of the licensee to demonstrate that their continuing education meets the requirements of this section[maintain such information with respect to continuing professional education and to demonstrate it meets the requirements under this section. If requested, the licensee shall provide documentation of completed continuing education].

([8]9) Continuing professional education for licensees who have not been licensed for the entire two -[ ]year period [will]shall be prorated from the date of licensure.


KEY: licensing, physician assistants

Date of Enactment or Last Substantive Amendment: [May 27, 2015]2016

Notice of Continuation: December 19, 2011

Authorizing, and Implemented or Interpreted Law: 58-70a-101; 58-1-106(1)(a); 58-1-202(1)(a)

Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Larry Marx at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.