DAR File No. 41110
This rule was published in the January 15, 2017, issue (Vol. 2017, No. 2) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Notice of Proposed Rule
DAR File No.: 41110
Filed: 12/19/2016 02:38:30 PM
Purpose of the rule or reason for the change:
The Optometrist Licensing Board and Division are proposing this filing to update the Optometry Practice Act Rule to implement legislative changes made by H.B. 186, Volunteer Health Care Continuing Education Credit, which was passed during the 2016 General Session. This filing also makes formatting changes for clarification and correction.
Summary of the rule or change:
This section is amended to provide that an optometrist may fulfill a portion of the optometrist's continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility; for every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. Formatting changes were also made for clarification and correction, including correcting the reference to the continuing education requirements for optometrists who are controlled substance prescribers.
Statutory or constitutional authorization for this rule:
- Subsection 58-1-202(1)(a)
- Title 16a, Chapter 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.
The proposed amendments apply only to those persons who are required to be licensed as an optometrist 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 potential savings cannot be estimated, as it will vary depending on circumstances.
Optometrists 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 costs or savings cannot be estimated, as it will vary from business to business depending on the amount of volunteer services provided.
persons other than small businesses, businesses, or local governmental entities:
Licensees will bear the cost of the services provided, relative to their time spent providing the services and documenting such services for continuing education credit. The uninsured, underserved, and indigent population will benefit financially from increased availability of free or reduced-cost health care services and from improved health. The amount of the costs or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer services provided.
Compliance costs for affected persons:
A licensee will bear the cost of the services provided, relative to the licensee's time spent providing the services and documenting such services for continuing education credit. The Division, however, is not able to determine any exact costs, as it would vary depending on licensee circumstances.
Comments by the department head on the fiscal impact the rule may have on businesses:
The amendment to this section permits an optometrist to satisfy up to 15% of the continuing education requirement by providing volunteer health care services and will have a negligible impact on businesses. Other amendments to the rule require that continuing professional education hours required for controlled substance prescribers shall be in accordance with Section 58-37-65 and Section R156-37-402. There are also considerable formatting changes to the rule. These other changes to the rule 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 firstname.lastname@example.org
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:
This rule may become effective on:
Mark Steinagel, Director
R156. Commerce, Occupational and Professional Licensing.
R156-16a. Optometry Practice Act Rule.
R156-16a-304. Continuing Education.
In accordance with Section 58-16a-304, the
standards for the 30 hours of qualified continuing professional
With the exception of Subsections (2) and (3), only courses
approved by the Council on Optometric Professional Education (COPE)
or optometry related courses approved by the Council on Medical
Education will be accepted]
(2) A maximum of two hours of continuing
professional education [
will be accepted for] courses in certification or recertification in
cardiopulmonary resuscitation (CPR) or Basic Life Support
(3) A maximum of two hours of continuing professional education may come from the Division of Occupational and Professional Licensing for training regarding the use of the Utah Controlled Substance Database.
4]) Qualified continuing professional education hours for
licensees who have not been licensed for the entire
[ two year] renewal cycle will be prorated from the
date of licensure.
5]) A licensee shall [ be responsible for maintaining] competent records of completed qualified continuing
professional education for a period of four years after close of
[ two year renewal cycle]
to which the records pertain.
6]) Hours in excess of the 30 hours obtained in one
[ renewal] cycle cannot be transferred to the next
7]) A licensee who has a serious health problem or who has
left the United States for an extended period of time
which may prevent the licensee from being able to comply
with the professional
education requirements established under this
may be excused from completing some or all of the
requirements established under this section by submitting a written
request to the Division and receiving Division approval.
KEY: optometrists, licensing
Date of Enactment or Last Substantive Amendment: [
October 22, 2009]
Notice of Continuation: February 21, 2012
Authorizing, and Implemented or Interpreted Law: 58-16a-101; 58-1-106(1)(a); 58-1-202(1)(a)
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/2017/b20170115.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.
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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 email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.