DAR File No. 41999

This rule was published in the September 1, 2017, issue (Vol. 2017, No. 17) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-5a

Podiatric Physician Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 41999
Filed: 08/03/2017 12:29:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Occupational and Professional Licensing and the Podiatric Physician Licensing Board reviewed the rule and are proposing the following amendments. Section R156-5a-102 is amended to update definitions in the rule. Section R156-5a-302a is amended to make changes mandated by H.B. 167, passed during the 2017 General Session. H.B. 167 amended Section 58-5a-302 to allow licensure for podiatric physician residents who have not yet completed a second year post-graduate resident training, but who are currently successfully enrolled in a second or third year residency in an approved program in Utah. Section R156-5a-302b is amended to correct references to the examinations required for licensure as a podiatric physician.

Summary of the rule or change:

In Section R156-5a-102, the proposed amendments: 1) remove the definition of "recognized residency program", because the term is no longer used in the rule or statute; and 2) add the definition of "CPME�, which means the Council on Podiatric Medical Education. In Section R156-5a-302a, in accordance with Section 58-5a-302, as amended by H.B. 167 (2017), the proposed amendments delete the now-obsolete two-year post-graduate training requirement for licensure as a podiatric physician, and specify how the applicant shall satisfy the Division and the Podiatric Physician Board that the applicant meets the new Section 58-5a-302 resident training requirements. Briefly, the applicant must complete and sign the Verification of Post-Graduate Training contained in the Division's podiatric physician license application, and, if the applicant has not yet completed a second year of post-graduate resident training, the applicant must also complete and sign the newly added Affidavit of Current Utah Post-Graduate Resident Training. In Section R156-5a-302b, the proposed amendments: 1) correct the statutory references regarding the examination requirements for licensure as a podiatric physician; 2) delete an obsolete reference to the "PMLexis Exam"; and 3) clarify that the examinations required to be passed for licensure are Part I, Part II written, Part II CSPE, and Part III of the American Podiatric Medical Licensing Examination (APMLE), developed by the National Board of Podiatric Medical Examiners (NBPME).

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 newly required affidavit to be completed and signed by the license applicant will be included in the regular application process, and it is a simple statement that should require no questions from the applicant and will only take an estimated additional two minutes of the applicant's time. The additional cost to the Division for the time required to amend the application is approximately $150 to amend the application in manual and electronic forms. The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective.

local governments:

There are no anticipated costs or savings to local governments from any of the proposed amendments. The substantive changes will only affect podiatric physician residents applying for licensure in Utah, and health care providers who work with those residents; local governments neither enforce nor are affected by the modified time frames and application process.

small businesses:

The proposed amendments to Sections R156-5a-102 and R156-5a-302b will have no fiscal impact on small business because the updated definitions and corrected references only clarify existing practice. The Division's fiscal analysis of the amendments to Section R156-5a-302a confirms that there is not a measurable cost or savings to small business as a result of these changes. These amendments merely conform the rule to amended Section 58-5a-302, adjusting the time frames and application process for podiatric physician license applicants who have not yet completed the second year of post-graduate training. The rule will require an applicant to complete and sign an affidavit as a part of the updated application process, to satisfy the division and board that the applicant has complied with the requirements of amended Section 58-5a-302; however, this affidavit will not require any business input, and it will only take an estimated two minutes for the applicant to complete. Further, the Podiatric Physician Licensing Board determined that these rule changes will not affect small business because the number of applicants enrolled in residencies and working with existing podiatric physicians and other health care providers will not change, nor will the services provided change. Post-graduate residents work in clinics affiliated with residency programs and are only paid a stipend; their work is reimbursed based on insurance formularies and reimbursement contracts. In sum, after conducting a thorough analysis, it was determined that the proposed amendments will not result in a fiscal impact to small businesses.

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

The proposed amendments to Sections R156-5a-102 and R156-5a-302b will have no measurable fiscal impact on other persons because the updated definitions and corrected references only clarify existing practice. The proposed amendments to Section R156-5a-302a will affect podiatric physician residents granted a Utah license, and the health service providers who work with or employ these residents. However, the Division and the Podiatric Physician Licensing Board have determined that these changes will have no measurable fiscal impact on these other persons. The newly required affidavit to be completed and signed by a license applicant is simple and will only take an estimated two minutes to complete. The amendments make no other changes: Resident podiatric physicians who become licensed will still be required by Utah resident programs to complete three years of residency, and they will still be held to scheduled rotations and cannot earn additional income by "moonlighting" in the profession. They will still work in clinics affiliated with residency programs and will only be paid a stipend, with their work reimbursed based on insurance formularies and reimbursement contracts. Accordingly, it was determined that the changes will not have a measurable fiscal impact on other persons.

Compliance costs for affected persons:

An analysis of the amendments to this rule has determined that they will not result in compliance costs for affected persons or entities. As described above, this rule changes a qualifying applicant's time frame and application process for licensure in compliance with H.B. 167 (2017), but these amendments will not measurably impact an applicant's funding, income, fees, nor will they change the funding, revenue, fees, or costs for a licensee or health care provider.

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

Section R156-5a-102 is amended to update definitions in the rule and has no fiscal impact. Section R156-5a-302a is amended to make changes mandated by H.B. 167 (2017). H.B. 167 amended Section 58-5a-302 to allow licensure for podiatric physician residents who have not yet completed a second year post-graduate resident training, but who are currently successfully enrolled in a second or third year residency in an approved program in Utah. These amendments will have no fiscal impact to small business. Section R156-5a-302b is amended to correct references to the examinations required for licensure as a podiatric physician, and has no fiscal impact.

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:

10/02/2017

This rule may become effective on:

10/09/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-5a. Podiatric Physician Licensing Act Rule.

R156-5a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 5a, as used in Title 58, Chapters 1 and 5a or this rule:

(1) ["Recognized residency program" as used in Subsection 58 - 5a - 302(5) means a residency program that is accredited by the Council on Podiatric Medical Education.]"CPME" means the Council on Podiatric Medical Education.

(2) "Recognized school" as used in Subsection 58-5a-306(2) means a school that is accredited by the Council on Podiatric Medical Education.

 

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 for licensure in Section 58-5a-302 is established as 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.]

In accordance with Subsections 58-5a-302(5)(b)(ii) and (iii), an applicant shall complete and sign the affidavit of current Utah post-graduate resident training contained in the Division's podiatric physician license application, to satisfy the Division and board that the applicant:

(1) has been accepted in and is successfully participating in a CPME-approved progressive resident training program within Utah; and

(2) has agreed to the required automatic revocation and surrender of the applicant's license if the applicant fails to continue in good standing in that program.

 

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

[(1) ]In accordance with Subsections 58-1-203(1) and [58-1-301(3)]58-5a-302(6), the examinations required to be passed for licensure [under Section 58-5a-302 ]are[:] Part I, Part II written, Part II CSPE, and Part III of the American Podiatric Medical Licensing Examination (APMLE), developed by[

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

(b) the Podiatric Medicine Licensing examination (PMLexis)].

 

KEY: licensing, podiatrists, podiatric physician

Date of Enactment or Last Substantive Amendment: [ February 7, ]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


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/2017/b20170901.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 lmarx@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.