DAR File No. 41047

Commerce, Occupational and Professional Licensing

Rule R156-5a

Podiatric Physician Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 41047
Filed: 12/06/2016 08:38:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing updates the Podiatric Physician Licensing Act Rule to: 1) comply with statutory changes in postgraduate training residency requirements; 2) implement changes recommended by the Podiatric Physician Board to licensing examination requirements; and 3) implement legislative changes made by H.B. 186, Volunteer Health Care Continuing Education Credit, during the 2016 General Session. This filing also makes minor formatting changes for clarification and correction.

Summary of the rule or change:

Section R156-5a-302a is amended to conform to Subsection 58-5a-302(5), increasing postgraduate training residency requirements from 12 months to 2 years. Minor formatting changes are also made throughout. Section R156-5a-302b proposes to amend this rule to update the licensing exam requirements as follows: 1) eliminate the Utah Podiatric law exam; and 2) delete the proof of eligibility requirement for the National Board of Podiatric Medical Education ( NBPME) and PMLexis exams, as successful completion of these exams is already required for graduation from a podiatric physician school. Section R156-5a-304 is amended to implement H.B. 186 (2016). The amended section allows a podiatric physician to fulfill a portion of the physician's 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 podiatric physician may receive one hour of continuing education credit, up to 15% of the required continuing education. Minor formatting changes are also made throughout. Section R156-5a-305 is amended to correct a statute citation to the radiology courses approved by the Podiatric Physician Board.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-5a-101

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:

In Section R156-5a-302a, the proposed amendments may apply to a local government it if employs podiatric physicians who now have to complete 2 years of postgraduate training instead of 12 months of postgraduate training. This may decrease the opportunity for licensure progression and make some licensees less serviceable to current and potential local government employers. However, a local government may also benefit from an employee's increased experience and aptitude resulting from the additional postgraduate training. The aggregate impact cannot be estimated as it will vary depending on circumstances. In Section R156-5a-302b, no costs or savings to local government are anticipated from this proposed amendment, because they are not involved in these licensing exam requirements. In Section R156-5a-304, the proposed changes and amendments apply only to those persons who are required to be licensed as a podiatric physician and choose to earn continuing education credit by providing volunteer services. The volunteer services provided could possibly benefit a local government by increasing the health of any population it serves that would otherwise go without health care for financial reasons. The amount of the savings cannot be estimated as it will vary depending on circumstances. In Section R156-5a-305, no costs or savings to local government are anticipated from this proposed citation correction.

small businesses:

In Section R156-5a-302a, the proposed amendments may apply to a small business if it has podiatric physicians who now have to complete 2 years of postgraduate training instead of 12 months of postgraduate training. This may decrease the opportunity for licensure progression, making some physicians less serviceable to current and potential small business employers, and preventing some physicians from having their own small businesses during their second year of residency. However, small business employers and small business owners may benefit from increased physician experience and aptitude resulting from the additional postgraduate training. The aggregate impact cannot be estimated as it will vary depending on circumstances. In Section R156-5a-302b, no costs or savings to small businesses are anticipated from this proposed amendment, because they are not involved in these licensing exam requirements. In Section R156-5a-304, podiatric physicians who own small businesses and provide volunteer services may be impacted by the cost of recordkeeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may also received "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 services provided. In Section R156-5a-305, no costs or savings to small businesses are anticipated from this proposed citation correction.

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

In Section R156-5a-302a, applicants for a podiatric physician license will be impacted as they will be required to have completed two years of residency training prior to qualifying for licensure. This may change the activities these physicians can undertake in their second year of residency, and it is likely to lower their earning potential during their second year of residency. However, the Division is not able to determine any exact amount of compliance costs due to varying circumstances. In Section R156-5a-302b, applicants for podiatric physician licenses will experience some savings, as they will no longer be required to take the Utah Podiatric Law Exam and will no longer be required to submit proof to the Division that the applicant is eligible to take the National Board of Podiatric Medical Examiners (NBPME) and Podiatric Medicine Licensing examination (PMLexis) exams. Proof of the exams is included in the information from graduate programs. However, the Division is not able to determine any exact amount of savings due to varying circumstances. In Section R156-5a-304, licensees will bear the cost of the services provided relative to their time spent providing the service, as well as any costs required for them to document the services provided. The uninsured, underserved, and indigent population will benefit from increased availability of health care services and improved opportunity for these services. In Section R156-5a-305, no costs or savings are anticipated from this statute citation correction.

Compliance costs for affected persons:

In Section R156-5a-302a, an applicant for a podiatric physician license will be impacted as the applicant will be required to have completed two years of residency training prior to qualifying for licensure. This may change the activities the physician can undertake in the physician's second year of residency, and it is likely to lower the physician's earning potential during the physician's second year of residency. However, the Division is not able to determine any exact amount of compliance costs due to varying circumstances. In Section R156-5a-302b, no compliance costs are anticipated from this amendment. An applicant for a podiatric physician license will save money, as the applicant will no longer be required to take the Utah Podiatric Law Exam, and will no longer be required to submit proof to the Division that the applicant is eligible to take the National Board of Podiatric Medical Examiners (NBPME) and Podiatric Medicine Licensing examination (PMLexis) exams. In Section R156-5a-304, a licensee will bear the cost of the services provided relative to the licensee's time spent providing the service, as well as any costs required for them to document the services provided. In Section R156-5a-305, no compliance costs are anticipated from this statute citation correction.

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

The amendment to Section R156-5a-302a provides that the postgraduate training residency requirement is increased from 12 months to 2 years. The aggregate impact of this amendment cannot be estimated as it will vary depending on circumstances. The amendment will decrease the opportunity for licensure progression and will preclude podiatric physicians from having their own small business during their second year of residency. The amendment to Section R156-5a-302b deletes certain licensing exam requirements and will have a negligible impact on businesses. The amendment to Section R156-5a-304 permits a podiatric physician to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. The amendment to Section R156-5a-305 merely corrects a citation to a provision of the Utah Code and will have no impact on businesses.

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:

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:

• 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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-5a. Podiatric Physician Licensing Act Rule.

R156-5a-302a. Qualifications for Licensure - Education Requirements.

In accordance with Subsections 58-1-203(1) and 58-1-301(3), the postgraduate training requirement[s] for licensure in Section 58-5a-302 is [defined, clarified, or ]established as [requiring each applicant to have successfully completed at least 12 months]successful completion of at least two years of postgraduate training in a residency program that, at the time of training, was accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association[at the time the applicant received that training].

 

R156-5a-302b. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-1-203(1) and 58-1-301(3), the examinations required to be passed for licensure under [requirements for licensure in ]Section 58-5a-302 are[ established as follows]:

(a) the National Board of Podiatric Medical Examiners examination (NBPME); or

(b) the Podiatric Medicine Licensing examination (PMLexis)[; and

(c) the Utah Podiatric law examination.

(2) To be eligible to sit for the NBPME or PMLexis, an applicant must submit the following to the Division:

(a) an application for licensure as a podiatric physician;

(b) licensing application fee;

(c) a transcript indicating completion of an approved podiatric program; and

(d) a copy of the test application submitted to NBPME or PMLexis].

 

R156-5a-304. Continuing Education.

(1) In accordance with Section 58-5a-304, [There is hereby established ]a continuing professional education requirement is established for all individuals licensed under Title 58, Chapter 5a.

(2) During each two-[]year period commencing on September 30 of each even-[]numbered year, a licensee shall be required to complete not less than 40 hours of qualified professional education directly related to the licensee's professional clinical practice.

(3) The required number of hours of professional education for an individual who first becomes licensed during the two-[ ]year period shall be decreased in a pro-rata amount equal to any part of that two year period [year ]preceding the license date[on which that individual first became licensed].

(4) Qualified professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the [educational ]program directly related to the practice of a podiatric physician;

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

(c) be presented in a competent, well -[ ]organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience;

(e) have [associated with it ]a competent method of registration of individuals who [actually ]completed the [professional education ]program [and]with records of [that ]registration and completion [are ]available for review; and

(f) be sponsored or approved by a combination of the following:

(i) one of the organizations listed in Subsection 58-5a-304(3);

(ii) the American Podiatric Medical Association; or

(iii) the Division of Occupational and Professional Licensing.

(5) Credit for professional education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of 40 hours per two -[ ]year period may be recognized for teaching in a college or university or teaching qualified professional education courses in the field of podiatry;

(c) a maximum of ten hours per two -[ ]year period may be recognized for clinical readings directly related to practice as a podiatric physician;[ and]

(d) a maximum of six hours per two-year period [of continuing education ]may come from the Division of Occupational and Professional Licensing ; and

(e) per Section 58-13-3 concerning charity health care, a maximum of 15% of the required hours per two-year period may come from providing volunteer services within the scope of license at a qualified location, with one hour of credit earned for every four hours of volunteer service.

(6) A licensee shall be responsible for maintaining competent records of completed qualified professional education for a period of four years after close of the two-[ ]year period to which the records pertain. It is the responsibility of the licensee to demonstrate the professional education [maintain such information with respect to qualified professional education to demonstrate it ]meets the requirements of[under] this section.

(7) If a licensee properly documents[documented] that [a]the licensee is engaged in full-[]time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section, the licensee may be excused from the requirement for a period of up to three years[; however, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met].

 

R156-5a-305. Radiology Course for Unlicensed Podiatric Assistants.

In accordance with Subsection 58-54-[4.3(3)]306(3), radiology courses for an unlicensed person performing services under the supervision of a podiatric physician shall include radiology theory consisting of the following:

(1) orientation of radiation technology;

(2) terminology;

(3) radiographic podiatric anatomy and pathology (cursory);

(4) radiation physics (basic);

(5) radiation protection to patient and operator;

(6) radiation biology including interaction of ionizing radiation on cells, tissues and matter;

(7) factors influencing biological response to cells and tissues to ionizing radiation and cumulative effects of x-radiation;

(8) external radiographic techniques;

(9) processing techniques including proper disposal of chemicals; and

(10) infection control in podiatric radiology.

 

KEY: licensing, podiatrists, podiatric physician

Date of Enactment or Last Substantive Amendment: [December 22, 2015]2017

Notice of Continuation: September 16, 2013

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101