S.B. 197 Enrolled

DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSURE -
REPEAL OF QUALITY REVIEW REQUIREMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Gladwell
This act modifies the Occupations and Professions Code to repeal peer review, quality
review, quality assurance, and quality improvement programs.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-16a-302, as renumbered and amended by Chapter 13, Laws of Utah 1997
58-16a-303, as renumbered and amended by Chapter 13, Laws of Utah 1997
58-16a-702, as enacted by Chapter 13, Laws of Utah 1997
58-31b-305, as last amended by Chapter 314, Laws of Utah 2000
58-44a-303, as last amended by Chapter 314, Laws of Utah 2000
58-46a-303, as enacted by Chapter 28, Laws of Utah 1994
58-67-303, as enacted by Chapter 248, Laws of Utah 1996
58-67-304, as enacted by Chapter 248, Laws of Utah 1996
58-68-303, as enacted by Chapter 248, Laws of Utah 1996
58-68-304, as enacted by Chapter 248, Laws of Utah 1996
58-69-303, as enacted by Chapter 116, Laws of Utah 1996
58-70a-303, as enacted by Chapter 229, Laws of Utah 1997
58-70a-304, as enacted by Chapter 229, Laws of Utah 1997
58-71-303, as enacted by Chapter 282, Laws of Utah 1996
58-71-304, as enacted by Chapter 282, Laws of Utah 1996
REPEALS:
58-46a-308, as enacted by Chapter 28, Laws of Utah 1994
58-69-305, as last amended by Chapter 10, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-16a-302 is amended to read:

58-16a-302. Qualifications for licensure.
(1) Each applicant for licensure as an optometrist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the division under Section 63-38-3.2 ;
(c) be of good moral character;
(d) (i) be a doctoral graduate of a recognized school of optometry accredited by:
(A) a regional accrediting body recognized by the Council on Post-Secondary Education;
and
(B) the American Optometric Association's Council on Optometric Education; or
(ii) be a graduate of a school of optometry located outside the United States that meets the
criteria that would qualify the school for accreditation under Subsection (1)(d)(i), as demonstrated
by the applicant for licensure;
(e) if the applicant graduated from a recognized school of optometry prior to July 1, 1996,
have successfully completed a course of study satisfactory to the division, in consultation with the
board, in general and ocular pharmacology and emergency medical care;
(f) have passed examinations approved by the division in consultation with the board that
include:
(i) a standardized national optometry examination;
(ii) a standardized clinical examination;
(iii) a standardized national therapeutics examination; and
(iv) the Utah Optometry Law Examination; and
[(g) show evidence of membership in a peer review program approved by the division in
collaboration with the board and agree in writing to maintain membership while licensed as an
optometrist in this state; and]
[(h)] (g) meet with the board and representatives of the division, if requested by either party,
for the purpose of evaluating the applicant's qualifications for licensure.
(2) An applicant for licensure as an optometrist qualifying under the endorsement provision
of Section 58-1-302 shall:

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(a) be currently licensed in good standing in any state of the United States; and
(b) have been actively engaged in the legal practice of optometry for not less than 3,200
hours in the immediately preceding two years, in a manner that is consistent with the legal practice
of optometry in this state.
Section 2. Section 58-16a-303 is amended to read:
58-16a-303. Term of license -- Expiration -- Renewal.
(1) (a) Each license issued under this part shall be issued in accordance with a two-year
renewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintain
established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal the licensee shall show satisfactory evidence of [each of the
following renewal requirements: (a) current membership in a peer review organization; and (b)]
completion of continuing education as required under Section 58-16a-304 .
(3) Each license automatically expires on the expiration date shown on the license unless
renewed by the licensee in accordance with Section 58-1-308 .
Section 3. Section 58-16a-702 is amended to read:
58-16a-702. Medical records -- Electronic records.
(1) Medical records maintained by a licensee shall[: (a)] meet the standards and ethics of
the profession[; and].
[(b) be maintained in accordance with standards developed by the peer review organization
for optometry.]
(2) Medical records under this section may be maintained by any electronic means if the
records comply with Subsection (1).
Section 4. Section 58-31b-305 is amended to read:
58-31b-305. Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by rule. The division may by rule extend or shorten a renewal period by
as much as one year to stagger the renewal cycles it administers.

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(2) At the time of renewal, the licensee shall show satisfactory evidence of each of the
following renewal requirements:
(a) complete and submit an application for renewal in a form prescribed by the division and
pay the renewal fee determined under Section 63-38-3.2 ; and
(b) meet continuing competency requirements as established by rule.
(3) In addition to the renewal requirements under Subsection (2), a person licensed as a
advanced practice registered nurse shall[: (a)] be currently certified by a program approved by the
division in collaboration with the board and submit evidence satisfactory to the division of that
qualification or if licensed prior to July 1, 1992, meet the requirements established by rule[; and].
[(b) as a condition precedent for license renewal commencing on and after July 1, 1999,
actively participate on a continuing basis in a quality review program based on criteria established
by the division by rule in collaboration with the board.]
(4) In addition to the renewal requirements under Subsection (2), a person licensed as a
certified registered nurse anesthetist shall[: (a) actively participate on a continuing regular basis in
an anesthesia quality assurance program approved by the division in collaboration with the board and
submit evidence satisfactory to the division of the participation; and (b)] be currently certified in
anesthesia by a program approved by the division in collaboration with the board and submit
evidence satisfactory to the division of the certification.
(5) Each license automatically expires on the expiration date shown on the license unless
renewed in accordance with Section 58-1-308 .
Section 5. Section 58-44a-303 is amended to read:
58-44a-303. Term of license -- Expiration -- Renewal.
(1) (a) Each license issued under this chapter shall be issued in accordance with a two-year
renewal cycle established by rule.
(b) A renewal period may be extended or shortened by as much as one year to maintain
established renewal cycles or to change an established renewal cycle.
(2) At the time of renewal, the licensee shall:
(a) hold a valid certification from the American College of Nurse Midwives Certification

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Council, Inc.; and
(b) have met continuing competency requirements defined by the division rule in
collaboration with the board[; and].
[(c) as a condition precedent for license renewal commencing on and after July 1, 1999,
actively participate on a continuing basis in a quality review program based on criteria established
by the division by rule in collaboration with the board.]
Section 6. Section 58-46a-303 is amended to read:
58-46a-303. Term of license -- Expiration -- Renewal of specialist license -- Limitation
on renewal of intern license.
(1) The division shall issue each license for a hearing instrument specialist in accordance
with a two-year renewal cycle established by rule. The division may by rule extend or shorten a
renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license as a hearing instrument intern shall be issued for a term of three years and
may not be renewed.
(3) At the time of renewal, the licensed hearing instrument specialist shall demonstrate
satisfactory evidence of each of the following:
(a) current certification by the National Board for Certification Hearing Instrument Sciences,
or other acceptable certification approved by the division in collaboration with the board;
[(b) participation in a hearing instrument dealer quality assurance program required in
Section 58-46a-308 ;]
[(c)] (b) calibration of all appropriate technical instruments used in practice; and
[(d)] (c) completion of continuing professional education required in Section 58-46a-304 .
(4) Each license automatically expires on the expiration date shown on the license unless
renewed by the licensee in accordance with the provisions of Section 58-1-308 , or unless surrendered
in accordance with the provisions of Section 58-1-306 .
Section 7. Section 58-67-303 is amended to read:
58-67-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a two-year

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renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to
stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education
renewal requirements [of:].
[(a) continuing education; and]
[(b) quality review program participation.]
(3) Each license issued under this chapter expires on the expiration date shown on the license
unless renewed in accordance with Section 58-1-308 .
Section 8. Section 58-67-304 is amended to read:
58-67-304. License renewal requirements.
(1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
professional education requirements in accordance with the number of hours and standards defined
by division rule made in collaboration with the board.
[(b)] (2) If a renewal period is extended or shortened under Section 58-67-303 , the
continuing education hours required for license renewal under this section are increased or decreased
proportionally.
[(2) (a) As a condition precedent for license renewal commencing on and after July 1, 2000,
each licensee shall participate in a quality review program approved by the division in collaboration
with the board. The division, in collaboration with the board, shall by rule establish criteria for the
programs.]
[(b) A quality review program shall be:]
[(i) based in a hospital or other licensed health care facility, as defined in Section 26-21-2 ,
at which the licensee regularly engages in practice; or]
[(ii) conducted by or under the direction of:]
[(A) a professional association approved by the division in collaboration with the board; or]
[(B) a managed care provider, preferred provider organization, health maintenance

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organization, liability insurance carrier, or other organization approved by the division in
collaboration with the board; and]
[(c) shall meet criteria established by division rule made in collaboration with the board.]
[(3) A quality review program applying for approval shall:]
[(a) submit an application in a form prescribed by the division;]
[(b) pay a fee as determined by the department pursuant to Section 63-38-3.2 ; and]
[(c) demonstrate the program meets criteria established by rule in accordance with
Subsection (2).]
Section 9. Section 58-68-303 is amended to read:
58-68-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to
stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education
renewal requirements [of:].
[(a) continuing education; and]
[(b) quality review program participation.]
(3) Each license issued under this chapter expires on the expiration date shown on the license
unless renewed in accordance with Section 58-1-308 .
Section 10. Section 58-68-304 is amended to read:
58-68-304. License renewal requirements.
(1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
professional education requirements in accordance with the number of hours and standards defined
by division rule in collaboration with the board.
[(b)] (2) If a renewal period is extended or shortened under Section 58-68-303 , the
continuing education hours required for license renewal under this section are increased or decreased

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proportionally.
[(2) (a) As a condition precedent for license renewal on and after July 1, 2000, each licensee
shall participate in a quality review program approved by the division in collaboration with the
board. The division, in collaboration with the board, shall by rule establish criteria for the
programs.]
[(b) A quality review program shall:]
[(i) be based in a hospital or other licensed health care facility, as defined in Section 26-21-2 ,
at which the licensee regularly engages in practice; or]
[(ii) be conducted by or under the direction of:]
[(A) a professional association approved by the division in collaboration with the board; or]
[(B) a managed care provider, preferred provider organization, health maintenance
organization, liability insurance carrier, or other organization approved by the division in
collaboration with the board; and]
[(c) shall meet criteria established by division rule made in collaboration with the board.]
[(3) A quality review program applying for approval shall:]
[(a) submit an application in a form prescribed by the division;]
[(b) pay a fee as determined by the department pursuant to Section 63-38-3.2 ; and]
[(c) demonstrate the program meets criteria established by rule in accordance with
Subsection (2).]
Section 11. Section 58-69-303 is amended to read:
58-69-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license and permit under this chapter in accordance with
a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to
stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education
renewal requirements [of:].
[(a) continuing education; and]

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[(b) continuous quality improvement.]
(3) Each license expires on the expiration date shown on the license unless renewed in
accordance with Section 58-1-308 .
Section 12. Section 58-70a-303 is amended to read:
58-70a-303. Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to
stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education
renewal requirements [of:].
[(a) continuing education; and]
[(b) quality review program participation.]
(3) Each license issued under this chapter expires on the expiration date shown on the license
unless renewed in accordance with Section 58-1-308 .
Section 13. Section 58-70a-304 is amended to read:
58-70a-304. License renewal -- Continuing education.
(1) [(a)] Prior to license renewal, each licensee shall, during each two-year licensure cycle
or other cycle defined by division rule, complete qualified continuing professional education
requirements as defined by division rule made in collaboration with the board.
[(b)] (2) If a renewal period is extended or shortened under Section 58-70a-303 , the
continuing education hours required for license renewal under this section are increased or decreased
proportionally.
[(2) As a condition precedent for license renewal on and after July 1, 2000, each licensee
shall participate in the quality review program in which his or her supervising physician is
participating under Section 58-67-304 or 58-68-304 .]
Section 14. Section 58-71-303 is amended to read:
58-71-303. Term of license -- Expiration -- Renewal.

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(1) (a) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to
stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing education
renewal requirements [of:].
[(a) continuing education; and]
[(b) quality assurance program participation.]
(3) Each license issued under this chapter expires on the expiration date shown on the license
unless renewed in accordance with Section 58-1-308 .
Section 15. Section 58-71-304 is amended to read:
58-71-304. License renewal requirements.
(1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
professional education requirements in accordance with the number of hours and standards defined
by division rule made in collaboration with the board.
[(b)] (2) If a renewal period is extended or shortened under Section 58-71-303 , the
continuing education hours required for license renewal under this section are increased or decreased
proportionally.
[(2) (a) As a condition precedent for license renewal commencing on and after July 1, 2000,
each licensee shall participate in a quality assurance program approved by the division in
collaboration with the board.]
[(b) A quality assurance program shall be conducted by or under the direction of:]
[(i) a professional association approved by the division in collaboration with the board; or]
[(ii) a managed care provider, preferred provider organization, health maintenance
organization, liability insurance carrier, or other organization approved by the division in
collaboration with the board; and]
[(c) shall meet criteria established by division rule made in collaboration with the board.]

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[(3) A quality assurance program applying for approval shall:]
[(a) submit an application in a form prescribed by the division;]
[(b) pay a fee as determined by the department pursuant to Subsection 63-38-3.2 ; and]
[(c) demonstrate the program meets criteria established by rule in accordance with
Subsection (2).]
Section 16. Repealer.
This act repeals:
Section 58-46a-308, Quality assurance program participation.
Section 58-69-305, Continuous quality improvement program -- Licensee participation
-- Division approval of programs.

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