DAR File No. 41146
This notice was published in the February 1, 2017, issue (Vol. 2017, No. 3) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Rule R156-78B
Prelitigation Panel Review Rule
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 41146
Filed: 01/10/2017 03:06:25 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Title 78B, Chapter 3, Part 4, provides that the Division of Occupational and Professional Licensing shall be responsible for a medical liability prelitigation program. Subsection 78B-3-416(1)(b) provides the Division shall establish procedures for prelitigation consideration of medical liability claims for damages arising out of the provision of or alleged failure to provide health care and provides the Division may establish rules necessary to administer the process and procedures related to prelitigation hearings and the conduct of prelitigation hearings in accordance with Sections 78B-3-416 through 78B-3-426. This rule was enacted to clarify the provisions of Title 78B, Chapter 3, Part 4, with respect to the medical liability prelitigation program.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
Since this rule was last reviewed in February 2012, the Division has received no written comments with respect to this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule should be continued as it provides a mechanism to inform persons of the Division's requirements with respect to the medical liability prelitigation program as provided in Title 78B, Chapter 3, Part 4.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
CommerceOccupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov
Effective:
01/10/2017
Authorized by:
Mark Steinagel, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation 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/b20170201.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.
For questions regarding the content or application of this rule, please contact W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.