No. 28837: R156-67. Utah Medical Practice Act Rules

DAR File No.: 28837
Filed: 06/26/2006, 09:40
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:

Title 58, Chapter 67, provides for the licensure of physicians and surgeons. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-67-201(3)(a) provides that the Physicians 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 67, with respect to physicians and surgeons.

 

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 the rule was last reviewed, it has been amended two times. The Division received a 05/15/2001 letter from R. Chet Loftis/J. Leon Sorensen of the Utah Medical Association in which the association suggested changes to proposed amendments regarding sexual contact with a patient surrogate and disruptive physician behavior. The Division also received a 07/18/2001 letter from Val B. Johnson, President of the Utah Medical Association, in which Mr. Johnson indicated that the Utah Medical Association opposed the Division's proposed rule amendments concerning sexual contact with a patient surrogate and disruptive physician behavior. As a result of the written comments received and further Division review, it was determined that the proposed amendments concerning sexual contact with a patient surrogate and disruptive physician behavior were not needed and the proposed amendments were deleted in a change in proposed rule filing which was ultimately made effective on 11/01/2001.

 

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 67, with respect to physicians and surgeons. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

 

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]

 

Authorized by:

J. Craig Jackson, Director