No. 26956 (Amendment): R156-68. Utah Osteopathic Medical Practice Act Rules

DAR File No.: 26956
Filed: 02/24/2004, 11:52
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The definition of AAPS (American Association of Physician Specialists) needs to be clarified in the rule and added as an acceptable medical specialty certification. The AAPS was formed as a means of certifying osteopathic physicians/surgeons that had done MD (physician/surgeon) residency training in the 1950s. At that time, the AOA (American Osteopathic Association) would not certify the osteopathic physician/surgeon because they did not do an osteopathic residency and the AMA (American Medial Association) would not recognize the osteopathic physician degree. In February 2002, the Florida Medical Board and in June 2002, the Florida Osteopathic Board concluded that AAPS certification boards were equivalent in their history, eligibility requirement, and examination process to AOA and ABMS (American Board of Medical Specialties) boards and should be recognized as equivalent. Since then the Oklahoma Board of Osteopathic Examiners and the Kentucky Board of Emergency Medical Services have accepted AAPS certification. Every major insurance carrier in Utah, with the exception of IHC, accepts AAPS certification.

 

Summary of the rule or change:

In Section R156-68-102, added "AAPS" and renumbered the remaining paragraphs. In Subsection R156-68-302b(3), added "AAPS" as an acceptable medical specialty certification. In Section R156-68-603, corrected rule citation reference from Subsection R156-68-102(2) to Subsection R156-68-102(4).

 

State statutory or constitutional authorization for this rule:

Section 58-68-101, 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, 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:

This proposed amendments does not apply to local governments. Therefore, there is no cost or savings to local government anticipated.

 

other persons:

Only applicants for licensure as an osteopathic physician/surgeon will be affected by the proposed amendments. No exact costs or savings are known; however, the proposed amendments would be favorable for those applicants who hold a current certification issued by the AAPS in that they would not have to obtain either an AOA or ABMS specialty board certification.

 

Compliance costs for affected persons:

Only applicants for licensure as an osteopathic physician/surgeon will be affected by the proposed amendments. No exact costs or savings are known; however, the proposed amendments would be favorable for those applicants who hold a current certification issued by the AAPS in that they would not have to obtain either an AOA or ABMS specialty board certification.

 

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

No fiscal impact to businesses is anticipated from this rule filing, which merely amends a reference to the certifying body for doctors of osteopathy not previously recognized by the American Osteopathic Association or the American Board of Medical Specialties. Klarice A. Bachman, 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:

Diana Baker 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:

04/14/2004

 

This rule may become effective on:

04/15/2004

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-68. Utah Osteopathic Medical Practice Act Rules.

R156-68-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 68, as used in Title 58, Chapters 1 and 68 or these rules:

(1) "AAPS" means American Association of Physician Specialists.

(2) "ABMS" means American Board of Medical Specialties.

([2]3) "ACCME" means Accreditation Council for Continuing Medical Education.

([3]4) "Alternate medical practices" as used in Section R156-68-603, means treatment or therapy which is determined in an adjudicative proceeding conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act, to be:

(a) not generally recognized as standard in the practice of medicine;

(b) not shown by current generally accepted medical evidence to present a greater risk to the health, safety or welfare of the patient than does prevailing treatment considered to be the standard in the profession of medicine; and

(c) supported by a body of current generally accepted written documentation demonstrating the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given.

([4]5) "AMA" means the American Medical Association.

([5]6) "AOA" means American Osteopathic Association.

([6]7) "COMLEX" means the Comprehensive Osteopathic Medical Licensing Examination.

([7]8) "FLEX" means the Federation of State Medical Boards Licensure Examination.

([8]9) "FMGEMS" means the Foreign Medical Graduate Examination in Medical Science.

([9]10) "FSMB" means the Federation of State Medical Boards.

([10]11) "Homeopathic medicine" means a system of medicine employing and limited to substances prepared and prescribed in accordance with the principles of homeopathic pharmacology as described in the Homeopathic Pharmacopoeia of the United States, its compendia, addenda, and supplements, as officially recognized by the federal Food, Drug and Cosmetic Act, Public Law 717.21 U.S. Code Sec. 331 et seq., as well as the state of Utah's food and drug laws and Controlled Substances Act.

([11]12) "LMCC" means the Licentiate of the Medical Council of Canada.

([12]13) "NBME" means the National Board of Medical Examiners.

([13]14) "NBOME" means the National Board of Osteopathic Medical Examiners.

([14]15) "NPDB" means the National Practitioner Data Bank.

([15]16) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 68, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-68-502.

([16]17) "USMLE" means the United States Medical Licensing Examination.

 

R156-68-302b. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-68-302(1)(g), the required licensing examination sequence is the following:

(a) the NBOME parts I, II and III; or

(b) the NBOME parts I, II and the NBOME COMPLEX Level III; or

(c) the NBOME part I and the NBOME COMLEX Level II and III; or

(d) the NBOME COMLEX Level I, II and III; or

(e) the FLEX components I and II on which the applicant shall achieve a score of not less than 75 on each component; or

(f) the NBME examination parts I, II and III on which the applicant shall achieve a score of not less than 75 on each part; or

(g) the USMLE, steps 1, 2 and 3 on which the applicant shall achieve a score of not less than 75 on each step; or

(h) the LMCC examination, Parts 1 and 2; or

(i) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the NBME part II or the USMLE step 3; or

(j) the FLEX component 1 and the USMLE step 3; or

(k) the NBME part I or the USMLE step 1 and the NBME part II or the USMLE step 2 and the FLEX component 2.

(2) In accordance with Subsection 58-68-302(2)(c), the passing score on the SPEX examination is at least a score of 75.

(3) In accordance with Subsection 58-68-302(2)(c), the medical specialty certification shall be current certification in an AOA, [or ]ABMS, or AAPS member specialty board.

 

R156-68-603. Alternate Medical Practice.

(1) A licensed osteopathic physician may engage in alternate medical practices as defined in Subsection R156-68-102([2]4) and shall not be considered to be engaged in unprofessional conduct on the basis that it is not in accordance with generally accepted professional or ethical standards as unprofessional conduct defined in Subsection 58-1-501(2)(b), if the licensed osteopathic physician:

(a) possesses current generally accepted written documentation, which in the opinion of the board, demonstrates the treatment or therapy has reasonable potential to be of benefit to the patient to whom the therapy or treatment is to be given;

(b) possesses the education, training, and experience to competently and safely administer the alternate medical treatment or therapy;

(c) has advised the patient with respect to the alternate medical treatment or therapy, in writing, including:

(i) that the treatment or therapy is not in accordance with generally recognized standards of the profession;

(ii) that on the basis of current generally accepted medical evidence, the physician and surgeon finds that the treatment or therapy presents no greater threat to the health, safety, or welfare of the patient than prevailing generally recognized standard medical practice; and

(iii) that the prevailing generally recognized standard medical treatment or therapy for the patient's condition has been offered to be provided, or that the physician and surgeon will refer the patient to another physician and surgeon who can provide the standard medical treatment or therapy; and

(d) has obtained from the patient a voluntary informed consent consistent with generally recognized current medical and legal standards for informed consent in the practice of medicine, including:

(i) evidence of advice to the patient in accordance with Subsection (c); and

(ii) whether the patient elects to receive generally recognized standard treatment or therapy combined with alternate medical treatment or therapy, or elects to receive alternate medical treatment or therapy only.

(2) Alternate medical practice includes the practice of homeopathic medicine.

 

KEY: osteopaths, licensing, osteopathic physician[*]

[July 5, 2001]2004

Notice of Continuation June 2, 2003

58-1-106(1)(a)

58-1-202(1)(a)

58-68-101