No. 29354 (Amendment): R156-57. Respiratory Care Practices Act Rules

DAR File No.: 29354
Filed: 12/18/2006, 03:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Respiratory Care Licensing Board are proposing these amendments to clarify statutory amendments that were made during the 2006 General Session of the Legislature in H.B. 262. (DAR NOTE: H.B. 262 (2006) is found at Chapter 106, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

Throughout the rule, amendments are being proposed to change the rule from plural to singular. In Section R156-57-102, added a definition for "other respiratory related durable medical equipment intended for use in the home". In Section R156-57-303, updated a rule citation and added where renewal procedures are found in Rule R156-1.

State statutory or constitutional authorization for this rule:

Section 58-57-1 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint 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 do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to potential licensees and licensees as a respiratory care practitioner.

other persons:

The proposed amendments only apply to applicants for licensure as a respiratory care practitioner and licensed respiratory care practitioners. The Division anticipates no costs or savings with these amendments as the amendments are only providing a clarification of requirements contained in the governing statute.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a respiratory care practitioner and licensed respiratory care practitioners. The Division anticipates no costs or savings with these amendments as the amendments are only providing a clarification of requirements contained in the governing statute.

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

This rule filing provides a definition required by statute and makes minor technical changes to the rule. No fiscal impact to business is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

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:

02/14/2007

Interested persons may attend a public hearing regarding this rule:

1/23/2007 at 10:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/22/2007

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-57. Respiratory Care Practices Act Rule[s].

R156-57-101. Title.

Th[ese]is rule[s] [are]is known as the "Respiratory Care Practices Act Rule[s]".

 

R156-57-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 57, as used in Title 58, Chapters 1 and 57, or th[ese]is rule[s]:

(1) "Other respiratory related durable medical equipment intended for use in the home", as used in Subsection 58-57-2(6)(k), means other new respiratory care technology intended for use in the home that was not approved on the market as of September 2006.

(2) "Supervised" as used in Subsection 58-1-307(1)(b) or "supervising" as used in Subsection 58-57-2(4)(e) means that the licensed respiratory care practitioner is present in the facility and shall be available to see the patient and give immediate consultation with respect to care.

 

R156-57-103. Authority - Purpose.

Th[ese]is rule[s] [are]is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 57.

 

R156-57-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 57 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

KEY: licensing, respiratory care[*]

Date of Enactment or Last Substantive Amendment: [May 2, 2000]2007

Notice of Continuation: October 30, 2006

Authorizing, and Implemented or Interpreted Law: 58-57-1; 58-1-106(1)(a); 58-1-202(1)(a)