No. 35852 (Amendment): Section R156-73-502. Chiropractic Assistant

(Amendment)

DAR File No.: 35852
Filed: 02/06/2012 02:21:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Chiropractic Physician Licensing Board reviewed the rule and determined that amendments should be proposed to clarify responsibilities by prohibiting activities by an unlicensed chiropractic assistant. The proposed amendments address current practices which may be hazardous to the public safety or welfare.

Summary of the rule or change:

Proposed amendments in Subsection R156-73-502(2) indicate that a supervising chiropractic physician shall never delegate the following to a chiropractic assistant: diagnosis or interpretation of examination results; administration of acupuncture services, and administration of laser.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-73-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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.

local governments:

The proposed amendments only apply to licensed chiropractic physicians and any unlicensed chiropractic assistants employed in a chiropractic physician office. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed chiropractic physicians and any unlicensed chiropractic assistants employed in a chiropractic physician office. A licensed chiropractic physician's office may qualify as a small business. If the proposed prohibited activities are currently being performed by unlicensed chiropractic assistants in a licensed chiropractic physician's office, there may be some unknown costs; however, the Division is not able to determine an exact cost due to the varying circumstances or frequency involving performance of the prohibited activities.

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

The proposed amendments only apply to licensed chiropractic physicians and any unlicensed chiropractic assistants employed in a chiropractic physician office. If the proposed prohibited activities are currently being performed by unlicensed chiropractic assistants in a licensed chiropractic physician's office, there may be some unknown costs; however, the Division is not able to determine an exact cost due to the varying circumstances or frequency involving performance of the prohibited activities. The proposed amendments further clarify responsibilities of the licensed chiropractic physician to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments only apply to licensed chiropractic physicians and any unlicensed chiropractic assistants employed in a chiropractic physician office. If the proposed prohibited activities are currently being performed by unlicensed chiropractic assistants in a licensed chiropractic physician's office, there may be some unknown costs; however, the Division is not able to determine an exact cost due to the varying circumstances or frequency involving performance of the prohibited activities. The proposed amendments further clarify responsibilities of the licensed chiropractic physician to the benefit and safety of the public.

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

This rule filing clarifies the scope of practice for chiropractic assistants. No fiscal impact to businesses is anticipated from such clarification, and as indicated in the rule summary, any impact to licensees is expected to be minimal.

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:

• Sally Stewart at the above address, by phone at 801-530-6179, 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:

04/02/2012

Interested persons may attend a public hearing regarding this rule:

• 03/06/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

04/09/2012

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-73. Chiropractic Physician Practice Act Rule.

R156-73-502. Chiropractic Assistant.

In accordance with Subsection 58-73-102(3), a chiropractic assistant may perform activities related to the practice of chiropractic in accordance with the following:

(1) The supervising chiropractic physician shall:

(a) be currently licensed in Utah;

(b) be responsible for the chiropractic activities and services performed by the assistant; and

(c) always be available to provide advice, instruction and consultation.

(2) The supervising chiropractic physician shall never delegate the following to a chiropractic assistant:

(a) adjustment of the articulation of the spinal column;

(b) diagnosis [of the articulation of the spinal column]or interpretation of examination results;

(c) manipulation of the articulation of the spinal column;

(d) therapeutic positioning of the articulation of the spinal column;[ and]

(e) administration of injections per Subsection R156-73-501(14) ;

(f) administration of acupuncture services; and

(g) administration of laser.

 

KEY: chiropractors, licensing, chiropractic physician

Date of Enactment or Last Substantive Amendment: [August 24, 2009]2012

Notice of Continuation: March 14, 2011

Authorizing, and Implemented or Interpreted Law: 58-73-101; 58-1-106(1)(a); 58-1-202(1)(a)

 

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