No. 35820 (5-year Review): Rule R156-78B. Prelitigation Panel Review Rule

DAR File No.: 35820
Filed: 02/02/2012 01:31:21 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-3-402. 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 April 2007, it has been amended four times. However, 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 Sections 78-14-12 through 78-14-16.

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:

• 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 [e-mail]

Authorized by:

Mark Steinagel, Director

Effective:

02/02/2012

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