No. 36089 (Amendment): Rule R156-40a. Athletic Trainer Licensing Act Rule

(Amendment)

DAR File No.: 36089
Filed: 04/24/2012 08:48:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Athletic Trainers Licensing Board reviewed the rule and are now proposing amendments to define unprofessional conduct as violating any provision of the Board of Certification Standards of Professional Practice and incorporate those standards by reference.

Summary of the rule or change:

In Section R156-40a-102, the proposed amendment adds a definition section in order to define unprofessional conduct in the rule. In Section R156-40a-104, the term "division" is capitalized. In Section R156-40a-502, the proposed amendment defines unprofessional conduct as violating any provision of the Board of Certification Standards of Professional Practice, dated 01/01/2006, and incorporates that document by reference.

State statutory or constitutional authorization for this rule:

• Section 58-40a-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds Board of Certification Standards of Professional Practice, published by Board of Certification, Inc., 01/01/2006

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Adding a definition of unprofessional conduct to the rule that incorporates the Board of Certification Standards of Professional Practice will clarify standards of conduct in cases of unprofessional conduct relating to licensed athletic trainers. This may translate into a cost savings for the Division but it is impossible to estimate the extent of the cost savings.

local governments:

The proposed amendments only apply to licensed athletic trainers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed athletic trainers. Licensees may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments only apply to licensed athletic trainers. Adding a definition of unprofessional conduct to the rule that incorporates the Board of Certification Standards of Professional Practice is not expected to have any cost or savings impact on individual licensees.

Compliance costs for affected persons:

The proposed amendments only apply to licensed athletic trainers. Adding a definition of unprofessional conduct to the rule that incorporates the Board of Certification Standards of Professional Practice is not expected to have any cost or savings impact on individual licensees. It should be noted that the standards being incorporated can be found on the Internet.

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

This rule filing clarifies the unprofessional conduct definition to include violation of any standards of practice in the profession. No fiscal impact to businesses is anticipated from such clarification.

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:

• Rich Oborn at the above address, by phone at 801-530-6767, 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:

06/20/2012

Interested persons may attend a public hearing regarding this rule:

• 06/20/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/27/2012

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-40a. Athletic Trainer Licensing Act Rule.

R156-40a-102. Definitions.

In accordance with Subsection 58-1-203(1)(e), the definition of unprofessional conduct in Title 58, Chapters 1 and 40 is further defined in Section R156-40a-502.

 

R156-40a-104. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 40a.

 

R156-40a-502. Unprofessional Conduct.

"Unprofessional conduct" includes violating any provision of the Board of Certification Standards of Professional Practice, implemented January 1, 2006, which is hereby adopted and incorporated by reference.

 

KEY: licensing, occupational licensing, athletic trainers

Date of Enactment or Last Substantive Amendment: [February 22, 2007]2012

Notice of Continuation: November 21, 2011

Authorizing, and Implemented or Interpreted Law: 58-40a-101; 58-1-106(1)(a); 58-1-202(1)(a)

 

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