No. 30854: R156-71. Naturopathic Physician Practice Act Rules.

DAR File No.: 30854
Filed: 05/12/2008, 08:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a public hearing and comments received by the Division, additional amendments are being proposed to this rule. A new section (Section R156-69-302a) to the rule is also being proposed to identify an education credentialing service for naturopathic physician programs or schools located outside of the United States as was required in S.B. 56 which passed during the 2008 General Session of the Legislature and amended the governing statute, Title 58, Chapter 71. (DAR NOTE: S.B. 56 (2008) is found at Chapter 238, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

Section R156-71-202 changes are made with respect to antibacterials, antifungals, skeletal muscle relaxants, excluding scheduled medications, corticosteroids, and antigout and bone-resorption inhibitors in the naturopathic physician formulary. Subsection R156-71-202(3) was rewritten. New Section R156-71-302a was added to identify the education credentialing service for naturopathic physician programs or schools located outside of the United States. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the January 15, 2008, issue of the Utah State Bulletin, on page 6. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 58-71-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will not incur any additional costs beyond those previously identified in the original rule filing.

local governments:

These additional proposed amendments do not apply to local governments. The proposed amendments only apply to licensed naturopathic physicians and applicants for licensure as a naturopathic physician.

small businesses and persons other than businesses:

Small businesses and persons: The additional proposed amendments only apply to licensed naturopathic physicians, which may qualify as a small business, and applicants for licensure as a naturopathic physician. The additional proposed amendments with respect to the naturopathic physician formulary will not cause any additional costs or savings beyond those previously identified in the original rule filing. The amendment identifying the education credentialing service would only apply to applicants for licensure as a naturopathic physician by endorsement who had completed their education at a naturopathic program or school located outside of the United States. For these applicants, there is an approximate cost of $200 to have their education reviewed by the credentialing service. The Division only licenses one or two naturopathic physicians per year for an aggregate cost of $400 and it only applies to an applicant for licensure if the naturopathic program or school they completed is located outside of the United States.

Compliance costs for affected persons:

The additional proposed amendments only apply to licensed naturopathic physicians and applicants for licensure as a naturopathic physician. The additional proposed amendments with respect to the naturopathic physician formulary will not cause any additional costs or savings beyond those previously identified in the original rule filing. The amendment identifying the education credentialing service would only apply to applicants for licensure as a naturopathic physician by endorsement who had completed their education at a naturopathic program or school located outside of the United States. For these applicants, there is an approximate cost of $200 to have their education reviewed by the credentialing service.

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

This change in proposed rule clarifies certain categories in the naturopathic formulary and implements a recent statutory change. Therefore, no fiscal impact to businesses is anticipated. 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
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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-71. Naturopathic Physician Practice Act Rule.

 

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R156-71-202. Naturopathic Physician Formulary.

(1) In accordance with Subsections 58-71-102(8), 58-71-102(12)(a) and 58-71-202, the naturopathic physician formulary which consists of noncontrolled substance legend medications deemed appropriate for the primary health care of patients within the scope of practice of naturopathic physicians, the prescription of which is approved by the Division in collaboration with the Naturopathic Formulary Advisory Peer Committee, consists of the following legend drugs, listed by category, with reference numbers identified in the American Hospital Formulary Service (AHFS), published by the American Society of Health System Pharmacists, 2006 edition:

4:00 Antihistamines

8:08 Antihelminthics

8:12 Antibacterials, oral forms only

8:14 Antifungals, oral and topical forms

8:18 Antivirals limited to oral and topical dosage forms, excluding:

8:18:08 Antiretrovirals

8:18:20 Interferons

8:18:24 Monoclonal Antibodies

8:18:32 Nucleosides and Nucleotides

8:30:04 Amebicides

8:30:92 Miscellaneous Antiprotozoals excluding those whose primary indication is the treatment of infection in immunosuppressed patients (i.e. Pentamidine and Trimetrexate)

8:36 Urinary anti-infectives

12:12:08:12 Selective Beta 2 Adrenergic Agonists

12:12:12 Alpha and Beta Adrenergic Agonists

12:16 Sympatholytic (Adrenergic Blocking) Agents, limited to ergot derivatives

12:20 Skeletal Muscle Relaxants, excluding scheduled medications

20:24 Hemorrheologic Agents

24:04:08 Cardiotonic agents - limited to Digoxin

24:06 Antilipemic Agents

24:08 Hypotensive Agents - limited to oral dosage forms

24:20 Alpha Adrenergic Blocking Agents

24:24 Beta Adrenergic Blocking Agents - limited to oral dosage forms

24:28 Calcium Channel Blocking Agents - limited to oral dosage forms

24:32 Renin-Angiotensive-Aldosterone System Inhibitors - limited to oral dosage forms

28:08 Analgesics and Antipyrectics, excluding scheduled medications

28:16.04.20 Selective-Serotonin Reuptake Inhibitors

28:16.04.24 Serotonin Modulators

28:16.04.28 Tricyclics and Other Norepinephrine-Reuptake Inhibitors

40:00 Electrolytic, caloric, and water balance

40:28 Diuretics

44:00 Enzymes, limited to digestive and proteolytic

52:08 Corticosteroids (oral, [or] topical, and injectable), Anti-Inflammatory Agents except Ophthmologic Preparations, and DMARDS

52:16 Local Anesthetics

56:22 Antiemetics

56:28 H2 Blockers, Anti-ulcer agents and Acid Suppressants

68:12 Contraceptives, except implants and injections

68:16.04 Estrogen

68:20.02 Alpha-Glucosidase Inhibitors

68:20.08 Insulins and Biguanides

68:20.20 Sulfonylureas

68:24 Parathyroid

68:32 Progestin

68:36.04 Thyroid agents, including thyroid of glandular extract

88:28 Multivitamin preparations

92:00 Antigout, and Bone-Resorption Inhibitors, limited to Raloxifene, and botulinum toxin type A, limited to superficial injections

(2) In addition, amino acids, minerals, oxygen and silver nitrate, although not listed in Subsection (1), are approved for primary health care.

(3) [A naturopathic physician shall not prescribe or administer any medications not listed in Subsections (1) and (2), unless the naturopathic physician first submits a request for approval to the Division and the Naturopathic Formulary Peer Committee and obtains such approval]New categories or classes of drugs will need to be approved as part of the formulary prior to prescribing/administering.

(4) The licensed naturopathic physician has the responsibility to be knowledgeable about the medication being prescribed or administered.

 

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R156-71-302a. Qualifications for Licensure - Education Requirements for Graduates of Naturopathic Physician Programs or Schools Located Outside the United States.

The satisfactory documentation of compliance with the licensure requirement set forth in Subsection 58-71-302(2)(b) shall be a report submitted to the Division by the International Credentialing Associates, Inc. (ICA) confirming that the applicant's naturopathic physician program or school has met the accreditation standards.

 

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KEY: licensing, naturopaths, naturopathic physician

Date of Enactment or Last Substantive Amendment: 2008

Notice of Continuation: January 8, 2007

Authorizing, and Implemented or Interpreted Law: 58-71-101; 58-1-106(1)(a); 58-1-202(1)(a)