No. 34543 (Amendment): Rule R156-72. Acupuncture Licensing Act Rules

(Amendment)

DAR File No.: 34543
Filed: 03/31/2011 09:35:20 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Acupuncture Licensing Board reviewed the rule and determined amendments should be proposed to clarify the required number of continuing education units a licensee must complete during each two-year renewal period and to add a section defining unprofessional conduct.

Summary of the rule or change:

Throughout the rule the term "rules" has been replaced with "rule" where applicable. Also, the term "division" has been capitalized. A new Section R156-72-302d is being added to define unprofessional conduct. In Section R156-72-303, the proposed amendment is added to clarify a licensee must complete 30 continuing education units (CEUs) during each two-year renewal period as required in Section 58-72-303.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-72-101
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds Code of Ethics, published by National Commission for Certification of Acupuncture and Oriental Medicine (NCCAOM), 10/14/2008

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. The Division anticipates initially there may be an increase in investigations relating to acupuncturists; however the clarification of unprofessional conduct definitions should make any investigations more straight forward.

local governments:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business. The proposed amendments may affect some licensed acupuncturists who are not maintaining practice standards as required nationally and they will need to adapt their practices accordingly which will have an unknown cost.

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

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The proposed amendments may affect some licensed acupuncturists that are not maintaining practice standards as required nationally and they will need to adapt their practices accordingly which will have an unknown cost. Also, the requirements in Subsection R156-72-302d(1) may affect other persons/companies who sell sanitation supplies. However, any increased sales by a sanitation supply company cannot be determined.

Compliance costs for affected persons:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The Division cannot estimate the costs to licensed acupuncturists as a result of the proposed amendments but anticipate any costs to be minimal. It is unknown how many acupuncturist practices are out of compliance with the proposed amendments. The continuing education renewal requirement for licensees to complete 30 CEUs within a two-year renewal period appears to be a new requirement but it is not. The renewal requirement is addressed in Subsection 58-72-303. Also, no cost is associated with obtaining a copy of the National Certification Committee of Acupuncture and Oriental Medicine (NCCAOM) Code of Ethics as it can be located on the NCCAOM website for free.

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

This rule filing clarifies provisions relating to unprofessional conduct, continuing education and license renewal. As indicated in the rule summary, any impact to licensees is expected to be minimal, and businesses that sell sanitation supplies could benefit from the clarification that unprofessional conduct includes a licensee failing to maintain premises and equipment in a safe and sanitary condition.

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
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]

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:

05/16/2011

Interested persons may attend a public hearing regarding this rule:

• 05/03/2011 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

05/23/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rule[ s ].

R156-72-101. Title.

[These rules are]This rule is known as the "Acupuncture Licensing Act Rule[s]".

 

R156-72-103. Authority - Purpose.

[These rules are]This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 72.

 

R156-72-302d. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing to maintain office, instruments, equipment, appliances, and supplies in a safe and sanitary condition;

(2) failing as a licensee to maintain the professional development activity requirements, as required by the NCCAOM;

(3) failing to abide by and meet standards of the "Code of Ethics" set by NCCAOM, adopted on October 14, 2008, which are hereby incorporated by reference; and

(4) failing to maintain medical records for a ten-year period.

 

R156-72-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 72 is established by rule in Section R156-1-308 a.

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

(3) In accordance with Section 58-72-303, a licensee must complete 30 continuing education units (CEU) within the two-year renewal period.

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [October 11, 2006]2011

Notice of Continuation: January 9, 2007

Authorizing, and Implemented or Interpreted Law: 58-72-101; 58-1-106(1)(a); 58-1-202(1)(a)

 

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