No. 28913 (Amendment): R156-72. Acupuncture Licensing Act Rules

 

DAR File No.: 28913
Filed: 08/07/2006, 10:49
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has been evaluating the need for each profession's law/rule examination and has determined that the law/rule examination for applicants for licensure as an acupuncturist can be deleted with no negative impact on the profession. Also, the Division is proposing amendments to implement statute changes made during the 2006 legislative session in H.B. 284 with respect to the practice of acupuncture on animals. (DAR NOTE: H.B. 284 (2006) is found at Chapter 109, Laws of Utah 2006, and was effective 05/01/2006.)

 

Summary of the rule or change:

In Section R156-72-103, updated statutory citation. In Section R156-72-302a, deleted reference to Utah Law and Rules Examination and added clarifying information that the examination required in Subsection 58-72-302(5) is the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) certification examinations. Added Section R156-72-302b regarding animal acupuncture education and training requirements and updated previous Section R156-72-302b to Section R156-72-302c.

 

State statutory or constitutional authorization for this rule:

Section 58-72-101 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 of 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:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to potential licensees as an acupuncturist and licensed acupuncturists who desire to practice acupuncture on animals.

 

other persons:

Proposed amendments only apply to applicants for licensure as an acupuncturist. Those applicants for licensure will see a savings of $75 in that they will no longer be required to take the Utah Law and Rules Examination. The Division estimates approximately eight new acupuncturists are licensed on a yearly basis, thus resulting in an aggregate savings of $600. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above. Also, licensed acupuncturists who are interested in pursuing animal acupuncture qualifications will have to pay costs associated with gaining the education and training required to perform such services. The Division does not have specific costs with respect to gaining the required 100 hours of education and training as it could vary greatly depending where the education and training is completed.

 

Compliance costs for affected persons:

Proposed amendments only apply to applicants for licensure as an acupuncturist. Those applicants for licensure will see a savings of $75 in that they will no longer be required to take the Utah Law and Rules Examination. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above. Also, licensed acupuncturists who are interested in pursuing animal acupuncture qualifications will have to pay costs associated with gaining the education and training required to perform such services. The Division does not have specific costs with respect to gaining the required 100 hours of education and training as it could vary greatly depending where the education and training is completed.

 

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

The regulated industry will experience a cost-savings as a result of the elimination of the Utah Law and Rules Examination. No fiscal impact to businesses is anticipated as to the amendments regarding the practice of acupuncture on animals, which was previously addressed by the Legislature in passing the authorizing statute. 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:

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:

10/02/2006

 

Interested persons may attend a public hearing regarding this rule:

9/27/2006 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

 

This rule may become effective on:

10/10/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rules.

R156-72-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 72.

 

R156-72-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection 58-72-302(5), the examination requirement for licensure is a passing score as determined by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) on all examinations for certification by NCCAOM, formerly National Commission for the Certification of Acupuncturists (NCCA), in acupuncture or oriental medicine.[required is the Utah Law and Rules Examination for Acupuncturists with a passing score of at least 75 percent.]

 

R156-72-302b. Qualifications for Licensure - Animal Acupuncture.

In accordance with Subsections 58-28-307(12)(d) and 58-72-102(4)(a)(iii), a licensed acupuncturist practicing animal acupuncture must complete 100 hours of animal acupuncture training and education. The training and education shall include:

(1) completing 50 hours of on the job training under the supervision of a licensed veterinarian;

(2) completing animal anatomy training; and

(3) completing the remaining hours in animal specific continuing education.

 

R156-72-302[b]c. Informed Consent.

In accordance with Subsection 58-72-302(6), in order for patients to give informed consent to treatment, an acupuncturist shall have a patient chart for each patient which shall include:

(1) a written review of symptoms; and

(2) a statement, signed by that patient, that consent is given to provide acupuncture treatment.

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [July 7, 1998]2006

Notice of Continuation: April 8, 2002

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