S.B. 197

1

DIVISION OF OCCUPATIONAL AND
2 PROFESSIONAL LICENSURE - REPEAL OF
3 QUALITY REVIEW REQUIREMENTS
4 2001 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: David L. Gladwell
7 This act modifies the Occupations and Professions Code to repeal peer review, quality
8 review, quality assurance, and quality improvement programs.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 58-16a-302, as renumbered and amended by Chapter 13, Laws of Utah 1997
12 58-16a-303, as renumbered and amended by Chapter 13, Laws of Utah 1997
13 58-16a-702, as enacted by Chapter 13, Laws of Utah 1997
14 58-31b-305, as last amended by Chapter 314, Laws of Utah 2000
15 58-44a-303, as last amended by Chapter 314, Laws of Utah 2000
16 58-46a-303, as enacted by Chapter 28, Laws of Utah 1994
17 58-67-303, as enacted by Chapter 248, Laws of Utah 1996
18 58-67-304, as enacted by Chapter 248, Laws of Utah 1996
19 58-68-303, as enacted by Chapter 248, Laws of Utah 1996
20 58-68-304, as enacted by Chapter 248, Laws of Utah 1996
21 58-69-303, as enacted by Chapter 116, Laws of Utah 1996
22 58-70a-303, as enacted by Chapter 229, Laws of Utah 1997
23 58-70a-304, as enacted by Chapter 229, Laws of Utah 1997
24 58-71-303, as enacted by Chapter 282, Laws of Utah 1996
25 58-71-304, as enacted by Chapter 282, Laws of Utah 1996
26 REPEALS:
27 58-46a-308, as enacted by Chapter 28, Laws of Utah 1994

28 58-69-305, as last amended by Chapter 10, Laws of Utah 1997
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-16a-302 is amended to read:
31 58-16a-302. Qualifications for licensure.
32 (1) Each applicant for licensure as an optometrist shall:
33 (a) submit an application in a form prescribed by the division;
34 (b) pay a fee as determined by the division under Section 63-38-3.2 ;
35 (c) be of good moral character;
36 (d) (i) be a doctoral graduate of a recognized school of optometry accredited by:
37 (A) a regional accrediting body recognized by the Council on Post-Secondary Education;
38 and
39 (B) the American Optometric Association's Council on Optometric Education; or
40 (ii) be a graduate of a school of optometry located outside the United States that meets the
41 criteria that would qualify the school for accreditation under Subsection (1)(d)(i), as demonstrated
42 by the applicant for licensure;
43 (e) if the applicant graduated from a recognized school of optometry prior to July 1, 1996,
44 have successfully completed a course of study satisfactory to the division, in consultation with the
45 board, in general and ocular pharmacology and emergency medical care;
46 (f) have passed examinations approved by the division in consultation with the board that
47 include:
48 (i) a standardized national optometry examination;
49 (ii) a standardized clinical examination;
50 (iii) a standardized national therapeutics examination; and
51 (iv) the Utah Optometry Law Examination; and
52 [(g) show evidence of membership in a peer review program approved by the division in
53 collaboration with the board and agree in writing to maintain membership while licensed as an
54 optometrist in this state; and]
55 [(h)] (g) meet with the board and representatives of the division, if requested by either
56 party, for the purpose of evaluating the applicant's qualifications for licensure.
57 (2) An applicant for licensure as an optometrist qualifying under the endorsement
58 provision of Section 58-1-302 shall:

59 (a) be currently licensed in good standing in any state of the United States; and
60 (b) have been actively engaged in the legal practice of optometry for not less than 3,200
61 hours in the immediately preceding two years, in a manner that is consistent with the legal practice
62 of optometry in this state.
63 Section 2. Section 58-16a-303 is amended to read:
64 58-16a-303. Term of license -- Expiration -- Renewal.
65 (1) (a) Each license issued under this part shall be issued in accordance with a two-year
66 renewal cycle established by rule.
67 (b) A renewal period may be extended or shortened by as much as one year to maintain
68 established renewal cycles or to change an established renewal cycle.
69 (2) At the time of renewal the licensee shall show satisfactory evidence of [each of the
70 following renewal requirements: (a) current membership in a peer review organization; and (b)]
71 completion of continuing education as required under Section 58-16a-304 .
72 (3) Each license automatically expires on the expiration date shown on the license unless
73 renewed by the licensee in accordance with Section 58-1-308 .
74 Section 3. Section 58-16a-702 is amended to read:
75 58-16a-702. Medical records -- Electronic records.
76 (1) Medical records maintained by a licensee shall[: (a)] meet the standards and ethics of
77 the profession[; and].
78 [(b) be maintained in accordance with standards developed by the peer review organization
79 for optometry.]
80 (2) Medical records under this section may be maintained by any electronic means if the
81 records comply with Subsection (1).
82 Section 4. Section 58-31b-305 is amended to read:
83 58-31b-305. Term of license -- Expiration -- Renewal.
84 (1) The division shall issue each license under this chapter in accordance with a two-year
85 renewal cycle established by rule. The division may by rule extend or shorten a renewal period
86 by as much as one year to stagger the renewal cycles it administers.
87 (2) At the time of renewal, the licensee shall show satisfactory evidence of each of the
88 following renewal requirements:
89 (a) complete and submit an application for renewal in a form prescribed by the division

90 and pay the renewal fee determined under Section 63-38-3.2 ; and
91 (b) meet continuing competency requirements as established by rule.
92 (3) In addition to the renewal requirements under Subsection (2), a person licensed as a
93 advanced practice registered nurse shall[: (a)] be currently certified by a program approved by the
94 division in collaboration with the board and submit evidence satisfactory to the division of that
95 qualification or if licensed prior to July 1, 1992, meet the requirements established by rule[; and].
96 [(b) as a condition precedent for license renewal commencing on and after July 1, 1999,
97 actively participate on a continuing basis in a quality review program based on criteria established
98 by the division by rule in collaboration with the board.]
99 (4) In addition to the renewal requirements under Subsection (2), a person licensed as a
100 certified registered nurse anesthetist shall[: (a) actively participate on a continuing regular basis
101 in an anesthesia quality assurance program approved by the division in collaboration with the
102 board and submit evidence satisfactory to the division of the participation; and (b)] be currently
103 certified in anesthesia by a program approved by the division in collaboration with the board and
104 submit evidence satisfactory to the division of the certification.
105 (5) Each license automatically expires on the expiration date shown on the license unless
106 renewed in accordance with Section 58-1-308 .
107 Section 5. Section 58-44a-303 is amended to read:
108 58-44a-303. Term of license -- Expiration -- Renewal.
109 (1) (a) Each license issued under this chapter shall be issued in accordance with a two-year
110 renewal cycle established by rule.
111 (b) A renewal period may be extended or shortened by as much as one year to maintain
112 established renewal cycles or to change an established renewal cycle.
113 (2) At the time of renewal, the licensee shall:
114 (a) hold a valid certification from the American College of Nurse Midwives Certification
115 Council, Inc.; and
116 (b) have met continuing competency requirements defined by the division rule in
117 collaboration with the board[; and].
118 [(c) as a condition precedent for license renewal commencing on and after July 1, 1999,
119 actively participate on a continuing basis in a quality review program based on criteria established
120 by the division by rule in collaboration with the board.]

121 Section 6. Section 58-46a-303 is amended to read:
122 58-46a-303. Term of license -- Expiration -- Renewal of specialist license --
123 Limitation on renewal of intern license.
124 (1) The division shall issue each license for a hearing instrument specialist in accordance
125 with a two-year renewal cycle established by rule. The division may by rule extend or shorten a
126 renewal period by as much as one year to stagger the renewal cycles it administers.
127 (2) Each license as a hearing instrument intern shall be issued for a term of three years and
128 may not be renewed.
129 (3) At the time of renewal, the licensed hearing instrument specialist shall demonstrate
130 satisfactory evidence of each of the following:
131 (a) current certification by the National Board for Certification Hearing Instrument
132 Sciences, or other acceptable certification approved by the division in collaboration with the board;
133 [(b) participation in a hearing instrument dealer quality assurance program required in
134 Section 58-46a-308 ;]
135 [(c)] (b) calibration of all appropriate technical instruments used in practice; and
136 [(d)] (c) completion of continuing professional education required in Section 58-46a-304 .
137 (4) Each license automatically expires on the expiration date shown on the license unless
138 renewed by the licensee in accordance with the provisions of Section 58-1-308 , or unless
139 surrendered in accordance with the provisions of Section 58-1-306 .
140 Section 7. Section 58-67-303 is amended to read:
141 58-67-303. Term of license -- Expiration -- Renewal.
142 (1) (a) The division shall issue each license under this chapter in accordance with a
143 two-year renewal cycle established by division rule.
144 (b) The division may by rule extend or shorten a renewal period by as much as one year
145 to stagger the renewal cycles it administers.
146 (2) At the time of renewal, the licensee shall show compliance with continuing education
147 renewal requirements [of:].
148 [(a) continuing education; and]
149 [(b) quality review program participation.]
150 (3) Each license issued under this chapter expires on the expiration date shown on the
151 license unless renewed in accordance with Section 58-1-308 .

152 Section 8. Section 58-67-304 is amended to read:
153 58-67-304. License renewal requirements.
154 (1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
155 two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
156 professional education requirements in accordance with the number of hours and standards defined
157 by division rule made in collaboration with the board.
158 [(b)] (2) If a renewal period is extended or shortened under Section 58-67-303 , the
159 continuing education hours required for license renewal under this section are increased or
160 decreased proportionally.
161 [(2) (a) As a condition precedent for license renewal commencing on and after July 1,
162 2000, each licensee shall participate in a quality review program approved by the division in
163 collaboration with the board. The division, in collaboration with the board, shall by rule establish
164 criteria for the programs.]
165 [(b) A quality review program shall be:]
166 [(i) based in a hospital or other licensed health care facility, as defined in Section 26-21-2 ,
167 at which the licensee regularly engages in practice; or]
168 [(ii) conducted by or under the direction of:]
169 [(A) a professional association approved by the division in collaboration with the board;
170 or]
171 [(B) a managed care provider, preferred provider organization, health maintenance
172 organization, liability insurance carrier, or other organization approved by the division in
173 collaboration with the board; and]
174 [(c) shall meet criteria established by division rule made in collaboration with the board.]
175 [(3) A quality review program applying for approval shall:]
176 [(a) submit an application in a form prescribed by the division;]
177 [(b) pay a fee as determined by the department pursuant to Section 63-38-3.2 ; and]
178 [(c) demonstrate the program meets criteria established by rule in accordance with
179 Subsection (2).]
180 Section 9. Section 58-68-303 is amended to read:
181 58-68-303. Term of license -- Expiration -- Renewal.
182 (1) (a) The division shall issue each license under this chapter in accordance with a

183 two-year renewal cycle established by division rule.
184 (b) The division may by rule extend or shorten a renewal period by as much as one year
185 to stagger the renewal cycles it administers.
186 (2) At the time of renewal, the licensee shall show compliance with continuing education
187 renewal requirements [of:].
188 [(a) continuing education; and]
189 [(b) quality review program participation.]
190 (3) Each license issued under this chapter expires on the expiration date shown on the
191 license unless renewed in accordance with Section 58-1-308 .
192 Section 10. Section 58-68-304 is amended to read:
193 58-68-304. License renewal requirements.
194 (1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
195 two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
196 professional education requirements in accordance with the number of hours and standards defined
197 by division rule in collaboration with the board.
198 [(b)] (2) If a renewal period is extended or shortened under Section 58-68-303 , the
199 continuing education hours required for license renewal under this section are increased or
200 decreased proportionally.
201 [(2) (a) As a condition precedent for license renewal on and after July 1, 2000, each
202 licensee shall participate in a quality review program approved by the division in collaboration
203 with the board. The division, in collaboration with the board, shall by rule establish criteria for
204 the programs.]
205 [(b) A quality review program shall:]
206 [(i) be based in a hospital or other licensed health care facility, as defined in Section
207 26-21-2 , at which the licensee regularly engages in practice; or]
208 [(ii) be conducted by or under the direction of:]
209 [(A) a professional association approved by the division in collaboration with the board;
210 or]
211 [(B) a managed care provider, preferred provider organization, health maintenance
212 organization, liability insurance carrier, or other organization approved by the division in
213 collaboration with the board; and]

214 [(c) shall meet criteria established by division rule made in collaboration with the board.]
215 [(3) A quality review program applying for approval shall:]
216 [(a) submit an application in a form prescribed by the division;]
217 [(b) pay a fee as determined by the department pursuant to Section 63-38-3.2 ; and]
218 [(c) demonstrate the program meets criteria established by rule in accordance with
219 Subsection (2).]
220 Section 11. Section 58-69-303 is amended to read:
221 58-69-303. Term of license -- Expiration -- Renewal.
222 (1) (a) The division shall issue each license and permit under this chapter in accordance
223 with a two-year renewal cycle established by division rule.
224 (b) The division may by rule extend or shorten a renewal period by as much as one year
225 to stagger the renewal cycles it administers.
226 (2) At the time of renewal, the licensee shall show compliance with continuing education
227 renewal requirements [of:].
228 [(a) continuing education; and]
229 [(b) continuous quality improvement.]
230 (3) Each license expires on the expiration date shown on the license unless renewed in
231 accordance with Section 58-1-308 .
232 Section 12. Section 58-70a-303 is amended to read:
233 58-70a-303. Term of license -- Expiration -- Renewal.
234 (1) (a) The division shall issue each license under this chapter in accordance with a
235 two-year renewal cycle established by division rule.
236 (b) The division may by rule extend or shorten a renewal period by as much as one year
237 to stagger the renewal cycles it administers.
238 (2) At the time of renewal, the licensee shall show compliance with continuing education
239 renewal requirements [of:].
240 [(a) continuing education; and]
241 [(b) quality review program participation.]
242 (3) Each license issued under this chapter expires on the expiration date shown on the
243 license unless renewed in accordance with Section 58-1-308 .
244 Section 13. Section 58-70a-304 is amended to read:

245 58-70a-304. License renewal -- Continuing education.
246 (1) [(a)] Prior to license renewal, each licensee shall, during each two-year licensure cycle
247 or other cycle defined by division rule, complete qualified continuing professional education
248 requirements as defined by division rule made in collaboration with the board.
249 [(b)] (2) If a renewal period is extended or shortened under Section 58-70a-303 , the
250 continuing education hours required for license renewal under this section are increased or
251 decreased proportionally.
252 [(2) As a condition precedent for license renewal on and after July 1, 2000, each licensee
253 shall participate in the quality review program in which his or her supervising physician is
254 participating under Section 58-67-304 or 58-68-304 .]
255 Section 14. Section 58-71-303 is amended to read:
256 58-71-303. Term of license -- Expiration -- Renewal.
257 (1) (a) The division shall issue each license under this chapter in accordance with a
258 two-year renewal cycle established by division rule.
259 (b) The division may by rule extend or shorten a renewal period by as much as one year
260 to stagger the renewal cycles it administers.
261 (2) At the time of renewal, the licensee shall show compliance with continuing education
262 renewal requirements [of:].
263 [(a) continuing education; and]
264 [(b) quality assurance program participation.]
265 (3) Each license issued under this chapter expires on the expiration date shown on the
266 license unless renewed in accordance with Section 58-1-308 .
267 Section 15. Section 58-71-304 is amended to read:
268 58-71-304. License renewal requirements.
269 (1) [(a)] As a condition precedent for license renewal, each licensee shall, during each
270 two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
271 professional education requirements in accordance with the number of hours and standards defined
272 by division rule made in collaboration with the board.
273 [(b)] (2) If a renewal period is extended or shortened under Section 58-71-303 , the
274 continuing education hours required for license renewal under this section are increased or
275 decreased proportionally.

276 [(2) (a) As a condition precedent for license renewal commencing on and after July 1,
277 2000, each licensee shall participate in a quality assurance program approved by the division in
278 collaboration with the board.]
279 [(b) A quality assurance program shall be conducted by or under the direction of:]
280 [(i) a professional association approved by the division in collaboration with the board;
281 or]
282 [(ii) a managed care provider, preferred provider organization, health maintenance
283 organization, liability insurance carrier, or other organization approved by the division in
284 collaboration with the board; and]
285 [(c) shall meet criteria established by division rule made in collaboration with the board.]
286 [(3) A quality assurance program applying for approval shall:]
287 [(a) submit an application in a form prescribed by the division;]
288 [(b) pay a fee as determined by the department pursuant to Subsection 63-38-3.2 ; and]
289 [(c) demonstrate the program meets criteria established by rule in accordance with
290 Subsection (2).]
291 Section 16. Repealer.
292 This act repeals:
293 Section 58-46a-308, Quality assurance program participation.
294 Section 58-69-305, Continuous quality improvement program -- Licensee participation
295 -- Division approval of programs.




Legislative Review Note
as of 1-29-01 4:55 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel