No. 35552 (5-year Review): Rule R156-70a. Physician Assistant Practice Act Rule

DAR File No.: 35552
Filed: 12/19/2011 01:54:09 PM

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 70a, provides for the licensure of physician assistants. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-70a-201(3) provides that the Physician Assistant 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 70a, with respect to physician assistants.

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 February 2007, it has been amended two times. The Division received an 08/02/2010 email from Paul Harrison, MD, in which he expressed opposition to the increase in number of physician assistants that can be supervised by a physician from two to four. Dr. Harrison believed that increasing the number of physician assistants that could be supervised by one physician would increase errors in diagnosis and treatment. The proposed amendments filed in July 2010 were as a result of statute amendments made to Title 58, Chapter 70a, in S.B. 139 during the 2010 General Session. The Physician Assistant Licensing Board and Division reviewed Dr. Harrison's written comments with extensive discussion during the Board's 09/13/2010 meeting. During the September 2010 board meeting and discussion of this matter, the Division indicated that if a supervising physician is requesting to supervise three or four physician assistants, the supervising physician must submit an explanation regarding justification on how the physician will supervise the additional physician assistants and maintain patient care and safety. During the board meeting, the Division and Board both indicated that allowing an increase in the number of physician assistants to be supervised by one physician would be helpful to the profession and especially those in rural areas. After the lengthy discussion regarding Dr. Harrison's written comment, the proposed amendments were approved with no further changes.

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 70a, with respect to physician assistants. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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]

Authorized by:

Mark Steinagel, Director

Effective:

12/19/2011

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