S.B. 55

1

ACCESS TO PATIENT MEDICAL RECORDS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patrice M. Arent
5
6 LONG TITLE
7 General Description:
8 This bill amends the Utah Medical Practices Act and the Osteopathic Medical Practice
9 Act to require the appointment of a contact person for access to medical records in
10 compliance with federal law and as a condition of licensure and license renewal.
11 Highlighted Provisions:
12 This bill:
13 . requires an applicant for license under the Medical Practices Act and the
14 Osteopathic Medical Practice Act to appoint a contact person for access to medical
15 records in accordance with HIPAA and an alternate contact person for access to
16 medical records;
17 . requires an applicant for renewal of a license to appoint a contact person for access
18 to medical records and an alternate contact person;
19 . requires solo-practitioners to provide a method of notifying patients of the identity
20 of the contact person and alternate contact person for access to medical records; and
21 . requires a licensee who is renewing a license to certify to the division that the
22 licensee is in compliance with the requirement to appoint a contact person and
23 alternate contact person for access to medical records.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 58-67-302, as last amended by Chapter 327, Laws of Utah 1999
31 58-67-303, as last amended by Chapter 268, Laws of Utah 2001
32 58-67-304, as last amended by Chapter 268, Laws of Utah 2001
33 58-68-302, as enacted by Chapter 248, Laws of Utah 1996
34 58-68-303, as last amended by Chapter 268, Laws of Utah 2001
35 58-68-304, as last amended by Chapter 268, Laws of Utah 2001
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 58-67-302 is amended to read:
39 58-67-302. Qualifications for licensure.
40 (1) An applicant for licensure as a physician and surgeon, except as set forth in
41 Subsection (2), shall:
42 (a) submit an application in a form prescribed by the division, which may include:
43 (i) submissions by the applicant of information maintained by practitioner data banks,
44 as designated by division rule, with respect to the applicant; and
45 (ii) a record of professional liability claims made against the applicant and settlements
46 paid by or on behalf of the applicant;
47 (b) pay a fee determined by the department under Section 63-38-3.2 ;
48 (c) be of good moral character;
49 (d) provide satisfactory documentation of having successfully completed a program of
50 professional education preparing an individual as a physician and surgeon, as evidenced by
51 having received an earned degree of doctor of medicine from:
52 (i) an LCME accredited medical school or college; or
53 (ii) a medical school or college located outside of the United States or its jurisdictions
54 which at the time of the applicant's graduation, met criteria for LCME accreditation;
55 (e) hold a current certification by the Educational Commission for Foreign Medical
56 Graduates or any successor organization approved by the division in collaboration with the
57 board, if the applicant graduated from a medical school or college located outside of the United
58 States or its jurisdictions;

59 (f) satisfy the division and board that the applicant:
60 (i) has successfully completed 24 months of progressive resident training in a program
61 approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
62 Family Physicians of Canada, or any similar body in the United States or Canada approved by
63 the division in collaboration with the board; or
64 (ii) (A) has successfully completed 12 months of resident training in an ACGME
65 approved program after receiving a degree of doctor of medicine as required under Subsection
66 (1)(d);
67 (B) has been accepted in and is successfully participating in progressive resident
68 training in an ACGME approved program within Utah, in the applicant's second or third year
69 of postgraduate training; and
70 (C) has agreed to surrender to the division his license as a physician and surgeon
71 without any proceedings under Title 63, Chapter 46b, Administrative Procedures Act, and has
72 agreed his license as a physician and surgeon will be automatically revoked by the division if
73 the applicant fails to continue in good standing in an ACGME approved progressive resident
74 training program within the state;
75 (g) pass the licensing examination sequence required by division rule made in
76 collaboration with the board;
77 (h) be able to read, write, speak, understand, and be understood in the English language
78 and demonstrate proficiency to the satisfaction of the board if requested by the board; [and]
79 (i) meet with the board and representatives of the division, if requested, for the purpose
80 of evaluating the applicant's qualifications for licensure[.];
81 (j) designate:
82 (i) a contact person for access to medical records in accordance with the federal Health
83 Insurance Portability and Accountability Act; and
84 (ii) an alternate contact person for access to medical records, in the event the original
85 contact person is unable or unwilling to serve as the contact person for access to medical
86 records; and
87 (k) establish a method for notifying patients of the identity and location of the contact
88 person and alternate contact person, if the applicant will practice in a location with no other
89 persons licensed under this chapter.

90 (2) An applicant for licensure as a physician and surgeon by endorsement shall:
91 (a) be currently licensed with a full unrestricted license in good standing in any state,
92 district, or territory of the United States;
93 (b) have been actively engaged in the legal practice of medicine in any state, district, or
94 territory of the United States for not less than 6,000 hours during the five years immediately
95 preceding the date of application for licensure in Utah;
96 (c) not have any action pending against the applicant's license; and
97 (d) produce satisfactory evidence of the applicant's qualifications, identity, and good
98 standing to the satisfaction of the division in collaboration with the board.
99 Section 2. Section 58-67-303 is amended to read:
100 58-67-303. Term of license -- Expiration -- Renewal.
101 (1) (a) The division shall issue each license under this chapter in accordance with a
102 two-year renewal cycle established by division rule.
103 (b) The division may by rule extend or shorten a renewal period by as much as one year
104 to stagger the renewal cycles it administers.
105 (2) At the time of renewal, the licensee shall show compliance with:
106 (a) continuing education renewal requirements[.]; and
107 (b) the requirement for designation of a contact person and alternate contact person for
108 access to medical records and notice to patients as required by Subsections 58-67-304 (1)(b)
109 and (c).
110 (3) Each license issued under this chapter expires on the expiration date shown on the
111 license unless renewed in accordance with Section 58-1-308 .
112 Section 3. Section 58-67-304 is amended to read:
113 58-67-304. License renewal requirements.
114 (1) As a condition precedent for license renewal, each licensee shall, during each
115 two-year licensure cycle or other cycle defined by division rule[,]:
116 (a) complete qualified continuing professional education requirements in accordance
117 with the number of hours and standards defined by division rule made in collaboration with the
118 board[.];
119 (b) appoint a contact person for access to medical records and an alternate contact
120 person for access to medical records in accordance with Subsection 58-67-302 (1)(j); and

121 (c) if the licensee practices medicine in a location with no other persons licensed under
122 this chapter, provide some method of notice to the licensee's patients of the identity and
123 location of the contact person and alternate contact person for the licensee.
124 (2) If a renewal period is extended or shortened under Section 58-67-303 , the
125 continuing education hours required for license renewal under this section are increased or
126 decreased proportionally.
127 Section 4. Section 58-68-302 is amended to read:
128 58-68-302. Qualifications for licensure.
129 (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
130 forth in Subsection (2) or (3), shall:
131 (a) submit an application in a form prescribed by the division, which may include:
132 (i) submissions by the applicant of information maintained by practitioner data banks,
133 as designated by division rule, with respect to the applicant; and
134 (ii) a record of professional liability claims made against the applicant and settlements
135 paid by or on behalf of the applicant;
136 (b) pay a fee determined by the department under Section 63-38-3.2 ;
137 (c) be of good moral character;
138 (d) provide satisfactory documentation of having successfully completed a program of
139 professional education preparing an individual as an osteopathic physician and surgeon, as
140 evidenced by having received an earned degree of doctor of osteopathic medicine from:
141 (i) an AOA approved medical school or college; or
142 (ii) an osteopathic medical school or college located outside of the United States or its
143 jurisdictions which at the time of the applicant's graduation, met criteria for accreditation by the
144 AOA;
145 (e) hold a current certification by the Educational Commission for Foreign Medical
146 Graduates or any successor organization approved by the division in collaboration with the
147 board, if the applicant graduated from a medical school or college located outside of the United
148 States or its jurisdictions;
149 (f) satisfy the division and board that the applicant:
150 (i) has successfully completed 24 months of progressive resident training in an
151 ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine

152 required under Subsection (1)(d); or
153 (ii) (A) has successfully completed 12 months of resident training in an ACGME or
154 AOA approved program after receiving a degree of doctor of osteopathic medicine as required
155 under Subsection (1)(d);
156 (B) has been accepted in and is successfully participating in progressive resident
157 training in an ACGME or AOA approved program within Utah, in the applicant's second or
158 third year of postgraduate training; and
159 (C) has agreed to surrender to the division his license as an osteopathic physician and
160 surgeon without any proceedings under Title 63, Chapter 46b, Administrative Procedures Act,
161 and has agreed his license as an osteopathic physician and surgeon will be automatically
162 revoked by the division if the applicant fails to continue in good standing in an ACGME or
163 AOA approved progressive resident training program within the state;
164 (g) pass the licensing examination sequence required by division rule, as made in
165 collaboration with the board;
166 (h) be able to read, write, speak, understand, and be understood in the English language
167 and demonstrate proficiency to the satisfaction of the board, if requested by the board; [and]
168 (i) meet with the board and representatives of the division, if requested for the purpose
169 of evaluating the applicant's qualifications for licensure[.];
170 (j) designate:
171 (i) a contact person for access to medical records in accordance with the federal Health
172 Insurance Portability and Accountability Act; and
173 (ii) an alternate contact person for access to medical records, in the event the original
174 contact person is unable or unwilling to serve as the contact person; and
175 (k) establish a method for notifying patients of the identity and location of the contact
176 person and alternate contact person, if the applicant will practice in a location with no other
177 persons licensed under this chapter.
178 (2) An applicant for licensure as an osteopathic physician and surgeon qualifying under
179 the endorsement provision of Section 58-1-302 shall:
180 (a) be currently licensed in good standing in another jurisdiction as set forth in Section
181 58-1-302 ;
182 (b) (i) document having met all requirements for licensure under Subsection (1) except,

183 if an applicant received licensure in another state or jurisdiction based upon only 12 months
184 residency training after graduation from medical school, the applicant may qualify for licensure
185 in Utah by endorsement only if licensed in the other state prior to July 1, 1996; or
186 (ii) document having obtained licensure in another state or jurisdiction whose licensure
187 requirements were at the time of obtaining licensure equal to licensure requirements at that
188 time in Utah;
189 (c) have passed the SPEX examination within 12 months preceding the date of
190 application for licensure in Utah if the date on which the applicant passed qualifying
191 examinations for licensure is greater than five years prior to the date of the application for
192 licensure in Utah, or meet medical specialty certification requirements which may be
193 established by division rule made in collaboration with the board;
194 (d) have been actively engaged in the practice as an osteopathic physician and surgeon
195 for not less than 6,000 hours during the five years immediately preceding the date of
196 application for licensure in Utah; and
197 (e) meet with the board and representatives of the division, if requested for the purpose
198 of evaluating the applicant's qualifications for licensure.
199 (3) An applicant for licensure as an osteopathic physician and surgeon, who has been
200 licensed as an osteopathic physician in Utah, who has allowed his license in Utah to expire for
201 nonpayment of license fees, and who is currently licensed in good standing in another state or
202 jurisdiction of the United States shall:
203 (a) submit an application in a form prescribed by the division;
204 (b) pay a fee determined by the department under Section 63-38-3.2 ;
205 (c) be of good moral character;
206 (d) have passed the SPEX examination within 12 months preceding the date of
207 application for licensure in Utah if the date on which the applicant passed qualifying
208 examinations for licensure is greater than five years prior to the date of the application for
209 licensure in Utah;
210 (e) have been actively engaged in the practice as an osteopathic physician for not fewer
211 than 6,000 hours during the five years immediately preceding the date of application for
212 licensure; and
213 (f) meet with the board and representatives of the division, if requested for the purpose

214 of evaluating the applicant's qualifications for licensure.
215 Section 5. Section 58-68-303 is amended to read:
216 58-68-303. Term of license -- Expiration -- Renewal.
217 (1) (a) The division shall issue each license under this chapter in accordance with a
218 two-year renewal cycle established by division rule.
219 (b) The division may by rule extend or shorten a renewal period by as much as one year
220 to stagger the renewal cycles it administers.
221 (2) At the time of renewal, the licensee shall show compliance with:
222 (a) continuing education renewal requirements[.]; and
223 (b) the requirement for designation of a contact person and alternate contact person for
224 access to medical records and notice to patients as required by Subsections 58-68-304 (1)(b)
225 and (c).
226 (3) Each license issued under this chapter expires on the expiration date shown on the
227 license unless renewed in accordance with Section 58-1-308 .
228 Section 6. Section 58-68-304 is amended to read:
229 58-68-304. License renewal requirements.
230 (1) As a condition precedent for license renewal, each licensee shall, during each
231 two-year licensure cycle or other cycle defined by division rule[,]:
232 (a) complete qualified continuing professional education requirements in accordance
233 with the number of hours and standards defined by division rule in collaboration with the
234 board[.];
235 (b) appoint a contact person for access to medical records and an alternate contact
236 person for access to medical records in accordance with Subsection 58-68-302 (1)(j); and
237 (c) if the licensee practices osteopathic medicine in a location with no other persons
238 licensed under this chapter, provide some method of notice to the licensee's patients of the
239 identity and location of the contact person and alternate contact person for access to medical
240 records for the licensee in accordance with Subsection 58-68-302 (1)(k).
241 (2) If a renewal period is extended or shortened under Section 58-68-303 , the
242 continuing education hours required for license renewal under this section are increased or
243 decreased proportionally.

Legislative Review Note
as of 1-24-05 12:49 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel