No. 40749 (5-year Review): Rule R156-72. Acupuncture Licensing Act Rule

DAR File No.: 40749
Filed: 09/08/2016 02:51:36 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 72, provides for the licensure and regulation of acupuncturists. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-72-201(3)(a) provides that the Acupuncture 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 72, with respect to acupuncturists.

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 October 2011, it has been amended two times, once in February 2014 and once in July 2015. The Division did receive a 2013 written comment from Mark Montgomery with respect to this rule. Mr. Montgomery sent an email to the Division in February 2013 in response to a discussion of proposed acupuncture rule changes during a November 30, 2012, and January 2013 Acupuncture Board meetings. In February 2013 and based on further discussions between the parties, it was determined that the Division and Board would hold off on considering the association's request for a rule change. No other written comments have been received with respect to this rule.

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 72, with respect to acupuncturists. 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 Office 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:

• Larry Marx at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

09/08/2016

Authorized by:

Mark Steinagel, Director

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