No. 37272 (5-year Review): Rule R156-68. Utah Osteopathic Medical Practice Act Rule

DAR File No.: 37272
Filed: 02/07/2013 12:18:07 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 58, Chapter 68, provides for the licensure of osteopathic physicians and surgeons. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-68-201(3)(a) provides that the Osteopathic Physician and Surgeon's Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 68, with respect to osteopathic physicians and surgeons.

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 the rule was last reviewed in March 2008, it has been amended two times. The Division received an email in December 2011 from Hunter Finch the rules analyst of the Governor's Office of Planning and Budget in which he recommended some changes and corrections to the proposed rule amendments. The Division made Mr. Finch's suggestions in a change in proposed rule filing which was filed on 01/05/2012 with all amendments being made effective in 03/09/2012. No other written comments have been received by the Division 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 potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 68, with respect to osteopathic physicians and surgeons. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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]

Authorized by:

Mark Steinagel, Director

Effective:

02/07/2013

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