No. 29586: R156-1. General Rules of the Division of Occupational and Professional Licensing

DAR File No.: 29586
Filed: 03/01/2007, 01:04
Received by: NL

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:

Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-1-308(1)(a) provides that the Division will establish a rule with respect to the renewal cycle of occupations and professions regulated by the Division. This rule was enacted to clarify the provisions of Title 58, Chapter 1, with respect to all occupations and professions regulated by the Division.

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 May 2002, it has been amended several times. The Division received no written comments with respect to a proposed rule filing made with respect to this rule in October 2002. The Division received a 09/11/2003 e-mail from Kent Bishop in which he suggested some nonsubstantive changes to the rule. The Division filed a nonsubstantive rule filing as a result of Mr. Bishop's comments on 10/02/2003. The Division received no written comments with respect to two proposed rule filings made with respect to this rule in November 2003 and January 2004. In September 2004, the Division received the the following written comments with respect to the addition of Section R156-1-601 which established protocols for medical online assessment, diagnosis, and prescribing: a 09/08/2004 letter from Divonne S. Moyer on behalf of Pfizer opposing the proposed addition of Section R156-1-601; a 09/15/2004 letter from James N. Thompson, MD, Federation of State Medical Boards opposing the proposed addition of Section R156-1-601; a 09/16/2004 letter from George H. Cannon, MD, Richard J. Sperry, MD, and Joseph G. Kramer, MD, opposing the proposed addition of Section R156-1-601; a 09/15/2004 letter from Senator Peter Knudson opposing the proposed addition of Section R156-1-601; an 10/04/2004 letter from George J. Van Komen, MD, opposing the proposed addition of Section R156-1-601; an 10/15/2004 letter from John A. Adams, on behalf of Pfizer, opposing the proposed addition of Section R156-1-601; an 10/14/2004 letter from Kevin Marino, representing PCM Venture I LLC, in favor of the proposed addition of Section R156-1-601; an 10/15/2004 letter from the National Association of Chain Drug Stores opposing the proposed addition of Section R156-1-601; and an 10/18/2004 e-mail from the Utah Medical Association opposing the proposed addition of Section R156-1-601. The Division considered all of these written comments and made the proposed amendments effective on 10/18/2004 with no further changes. The Division also received an 10/07/2004 e-mail from Kent Bishop in which he suggested some nonsubstantive changes to the rule. The Division filed a nonsubstantive rule filing as a result of Mr. Bishop's comments on 10/18/2004. The Division received no written comments with respect to three proposed rule filings made with respect to this rule in January 2005, November 2005, and June 2006. The Division also received a 02/22/2007 e-mail from Lenore Epstein, Assistant Attorney General, in which she suggested one nonsubstantive change be made to a definition in Section R156-1-102 of the rule. As a result of her comments, the Division filed a nonsubstantive rule filing on 02/26/2007.

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 general rules of the Division, as allowed under statutory authority provided in Title 58, Chapter 1, applicable to all occupations and professions regulated by the Division. The rule should also be continued as it provides information to ensure applicants for licensure are knowledgeable about general rules of the Division with respect to items that are not covered separately in each occupational/professional rule.

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:

F. David Stanley, Director