No. 39176 (Amendment): Section R156-44a-609. Standards for Out-of-State Programs Providing Certified Nurse MidwifeClinical Experiences in Utah

(Amendment)

DAR File No.: 39176
Filed: 03/10/2015 02:43:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Certified Nurse Midwife Board reviewed the rule and determined this new section needs to be added. With the proliferation of online and distance education programs for nurse midwifery, Utah residents may be completing a program of study via distance education. In most situations, distance education students are expected to complete their clinical practicum near where they reside. The Certified Nurse Midwife Board is seeking the addition of this rule based on its interpretation of Subsection 58-1-307(1)(b) and (c). The Board seeks to establish, through rule, the minimum standards which would be required for Division approval of the educational program.

Summary of the rule or change:

Section R156-44a-609 is being added to require out-of-state nurse midwifery programs, seeking clinical placements in Utah, to present satisfactory documentation to the Board that the educational program meets minimum expectations for program quality.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-44a-101

Anticipated cost or savings to:

the state budget:

The implementation of this rule may increase the frequency with which the Certified Nurse Midwifery Board meets. Although it is difficult to estimate the number of programs that will request Board review, it is possible that the Board may need to meet more frequently than it has in the past. An increased frequency of Board meetings would result in an increase in expenditures for Board member per diems and stipends. Historically, expenditures for this Board are approximately $300 per meeting. It is anticipated that even with the implementation of this rule, the Board would not need to meet more than quarterly. The Division anticipates any increased costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment applies only to out-of-state programs providing certified nurse midwife clinical experiences in Utah. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendment applies only to out-of-state programs providing certified nurse midwife clinical experiences in Utah. As a result, the Division has determined that the proposed amendment does not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment applies only to out-of-state programs providing certified nurse midwife clinical experiences in Utah. As a result, the Division has determined that the proposed amendment does not apply to other persons.

Compliance costs for affected persons:

The proposed amendment applies only to out-of-state programs providing certified nurse midwife clinical experiences in Utah. It is difficult for the Division to estimate the costs for affected persons; it could vary greatly by the organizational structure and business practices of the program. Out-of-state nurse midwifery programs will present written documentation to the Certified Nurse Midwife Board for review. This written documentation can be submitted electronically or through the U.S. Postal Service. Meetings with the Board will be completed via telephone. The affected programs will incur the expenses associated with compiling the report, sending the report, and the time associated with the telephonic meeting.

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

This proposed rule requires a business that provides nurse midwifery training to obtain approval from the Utah Certified Nurse Midwife Board before placing students with Utah facilities for clinical practicum. To comply, such businesses must provide information to the Board and appear at a live or telephonic meeting with the Board. Compiling, copying and mailing the required paperwork might result in a small fiscal impact to some businesses. Any impact will vary and cannot be estimated.

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:

• Suzette Farmer at the above address, by phone at 801-530-6789, 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:

05/01/2015

This rule may become effective on:

05/08/2015

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-44a. Nurse Midwife Practice Act Rule.

R156-44a-609. Standards for Out-of-State Programs Providing Certified Nurse Midwife Clinical Experiences in Utah.

(1) In order to qualify for the exemption set forth in Subsection 58-1-304(1)(b), approval of a nurse midwifery education program located in another state that uses Utah health care facilities for clinical experiences with certified nurse midwives for one or more students shall, prior to placing a student, submit a request for approval in writing to the Certified Nurse Midwife Board and demonstrate to the satisfaction of the Board that the program:

(a) has been approved, if required, by the regulatory body responsible for certified nurse midwives in the program's home state;

(b) holds current accreditation from the Accreditation Commission for Midwifery Education (ACME);

(c) has clinical faculty who are employed by the nurse midwifery education program;

(d) is affiliated with an institution of higher education; and

(e) has established criteria for selection and supervision of:

(i) onsite preceptors; and

(ii) the clinical activities.

(2) Following approval by the Board, the nurse midwifery program shall:

(a) reapply for Board review and approval when the program's ACME accreditation is reaffirmed; and

(b) notify the Board, in writing, of any change in its accreditation status.

 

KEY: licensing, midwifery, certified nurse midwife

Date of Enactment or Last Substantive Amendment: [January 22, 2013]2015

Notice of Continuation: January 16, 2014

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-44a-101

 

---