No. 40208 (5-year Review): Rule R156-73. Chiropractic Physician Practice Act Rule

DAR File No.: 40208
Filed: 02/11/2016 10:48:10 AM

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 73, provides for the licensure of chiropractic physicians. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-73-201(3) provides that the Chiropractic Physician 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 73, with respect to chiropractic physicians.

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 March 2011, there has been one proposed rule amendment filing in December 2014 (see DAR No. 38963). The Division received the following written comments with respect to the December 2014 proposed rule amendment filing: 12/17/2014 email from James D. Knight, DC; 01/06/2015 letter from Utah Chiropractic Association, Neil L. Erickson, DC; 12/30/2014 letter from Ronald Dressler, Utah Labor Commission/Division of Industrial Accidents; 12/17/2014 letter from National Association of Mutual Insurance Companies, Paul Martin; an undated letter from Dan S. Monson, DC; 12/29/2014 letter from Greg Molis, DC; 12/13/2014 letter from J. Chris Romney, DC, Utah College of Chiropractic Orthopedists; 01/05/2015 letter from Charles Pugh, Workers' Compensation Fund; 12/29/2014 letter from Donna Janisse-McCarty, DC; and 01/07/20115 letter from Trey Gillespie, Property Casualty Insurers Association of America. The majority of the written comments received expressed concerns with various portions of the Division's proposed rule amendment filing. Due to the numerous written comments received by the Division with respect to the proposed rule amendments in this filing, the Division and Board determined that this proposed rule filing would be allowed to lapse and further review and discussion would be conducted before another proposed rule amendment filing would be filed at a later date.

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 73, with respect to chiropractic physicians. 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:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

02/11/2016

Authorized by:

Mark Steinagel, Director

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