NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Commerce, Professional Licensing
Salt Lake City, UT 84114-6741
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R156-5a. Podiatric Physician Licensing Act Rule
B. Purpose of the new rule or reason for the change:
The Division of Professional Licensing (Division) in collaboration with the Podiatry Board is filing these proposed amendments to clean up citations to statute and rule and align the rule with the Office of Administrative Rules (OAR) drafting requirements.
C. Summary of the new rule or change:
Section R156-5a-101 incorporates the language of Sections R156-5a-103 and R156-5a-104 to conform to the structure of other Division rules. As such, Sections R156-5a-103 and R156-5a-104 are removed from this rule.
Section R156-5a-302a is amended to update a citation due to a change in statute.
Section R156-5a-302b is amended to update a citation due to a change in statute and to conform to OAR drafting standards.
Section R156-5a-302c is amended to update citations due to a change in statute, conform the section to OAR drafting standards, and provide the correct name for an organization.
Section R156-5a-303 is amended to conform to the structure of other Division rules.
Sections R156-5a-304 and R156-5a-305 are amended to conform to the structure of other Division rules and OAR drafting standards.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The Division does not anticipate any fiscal impact to the state budget because the proposed amendments merely clarify and update this rule to be current and accurate for licensees.
The Division does not anticipate any cost or savings to local governments from the proposed amendments because the proposed amendments do not apply to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
There are approximately 89 small businesses in Utah with podiatric physicians (NAICS 621391).
However, the proposed amendments are not expected to have any measurable impact on small business revenues or expenditures because the amendments merely update this rule to provide more utility and accuracy to licensees.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are approximately two non-small businesses in Utah with podiatric physicians (NAICS 621391).
However, the proposed amendments are not expected to have any measurable impact on small businesses' revenues or expenditures because the amendments merely update this rule to provide more utility and accuracy to licensees.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
In Utah, there are 289 licensed podiatric physicians and 2 licensed volunteer podiatric physicians.
The Division does not anticipate any cost or savings from these proposed amendments to these persons or to additional persons other than small businesses, non-small businesses, the state, and local government entities because the amendments merely update this rule to provide more utility and accuracy to licensees.
The proposed amendments also will not create new obligations for other persons or increase the costs associated with any existing obligations for other persons.
F. Compliance costs for affected persons:
As described in Box 5E for other persons, no compliance costs are expected for affected persons.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Commerce, Margaret Busse, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Subsection 58-1-106(1)(a)
Subsection 58-1-202(1)(a)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
Heber M. Wells Building,
160 E 300 S,
Room 402,
Salt Lake City, UT
Google Meet joining info:
Video call link:
https://meet.google.com/fhq-dvoa-utv
Or dial: (US) +1 478-239-2182
PIN: 814 571 309#
More phone numbers:
https://tel.meet/fhq-dvoa-utv?
pin=2951401463843
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Deborah Blackburn, Assistant Director
R156. Commerce, [Occupational and ]Professional Licensing. R156-5a. Podiatric Physician Licensing Act Rule.
R156-5a-101. Title - Authority - Relationship to Rule R156-1. (1) This rule is known as the "Podiatric Physician Licensing Act Rule."[.] (2) This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 5a, Podiatric Physician Licensing Act. (3) The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-101. R156-5a-102. Definitions.
[In addition to the definitions in Title 58, Chapters 1 and 5a, as used in Title 58, Chapters 1 and 5a or this rule]Terms used in this rule are defined in Title 58, Chapter 1, Division of Professional Licensing Act, and in Title 58, Chapter 5a, Podiatric Physician Licensing Act. In addition: (1) "CPME" means the Council on Podiatric Medical Education.
(2) "Recognized school" as used in Subsection 58-5a-306(2) means a school that is accredited by the Council on Podiatric Medical Education.
[R156-5a-103. Authority - Purpose. This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 5a. R156-5a-104. Organization - Relationship to Rule R156-1. The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.] R156-5a-302a. Qualifications for Licensure - Education Requirements.
[In accordance with]Under Subsections 58-5a-302([5]4)(b)(ii) and (iii), an applicant shall complete and sign the affidavit of current Utah post-graduate resident training contained in the Division's podiatric physician license application, to satisfy the Division and board that the applicant: (1) has been accepted in and is successfully participating in a CPME-approved progressive resident training program within Utah; and(2) has agreed to the required automatic revocation and surrender of the applicant's license if the applicant fails to continue in good standing in that program.
R156-5a-302b. Qualifications for Licensure - Examination Requirements.
[In accordance with]Under Subsections 58-1-203(1) and 58-5a-302([6]5), [the]an applicant for licensure shall pass [examinations required to be passed for licensure are ]Part I, Part II written, Part II CSPE, and Part III of the American Podiatric Medical Licensing Examination (APMLE), developed by the National Board of Podiatric Medical Examiners [examination ](NBPME). R156-5a-302c. Qualifications for Licensure - Training Requirements.
(1) [In accordance with]Under Subsection 58-5a-103([3]4)(b)(iii), acceptable documentation that the podiatric physician has completed training and experience in standard or advanced midfoot, rearfoot, and ankle procedures may include certification[, shall consist of verification] from the American Board of Podiatric Medicine, the Council on Podiatric Medical Education Residency and Fellowships, or a similar qualification approved by the Division in collaboration with the Board[Foot and Ankle Surgery that the applicant is currently board qualified]. (2) [In accordance with]Under Subsection 58-5a-103([3]4)(c)(iii), acceptable documentation that the podiatric physician has completed training and experience in standard or advanced midfoot, rearfoot, and ankle procedures, [shall consist of verification]is of a fellowship in foot and ankle surgery from a program approved, at the time of completion, by the Council on Podiatric Medical Education. R156-5a-303. [Renewal Cycle -]License Term - Renewal and Reinstatement Procedures. (1) [In accordance with]Under Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle [applicable to]for licensees under Title 58, Chapter 5a, Podiatric Physician Licensing Act is established [by rule ]in Section R156-1-308a. (2) Renewal and reinstatement procedures shall be in accordance with Sections R156-1-308c through R156-1-308l. R156-5a-304. Continuing Education.
(1) [In accordance with]Under Section 58-5a-304, this section establishes a continuing professional education requirement [is established ]for [all ]individuals licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act. (2) During each two-year period commencing on September 30 of each even-numbered year, a licensee shall [be required to ]complete [not less than]at least 40 hours of qualified continuing professional education directly related to the licensee's professional clinical practice. (3) [The required number of hours of professional education for an individual who first becomes licensed during the two-year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the license date.]If a licensee first becomes licensed during the two-year renewal cycle, the licensee's required number of continuing professional education hours shall be decreased proportionately according to the date of licensure. (4) Qualified continuing professional education under this section shall: (a) have an identifiable clear statement of purpose and defined objective for the program directly related to the practice of a podiatric physician;
(b) be relevant to the licensee's professional practice;
(c) be presented in a competent, well-organized, and sequential manner consistent with the stated purpose and objective of the program;
(d) be prepared and presented by individuals who are qualified by education, training, and experience;
(e) have a competent method of registration of individuals who completed the program with records of registration and completion available for review; and
(f) be sponsored or approved by a combination of the following:
(i) one of the organizations listed in Subsection 58-5a-304(3);
(ii) the American Podiatric Medical Association; or
(iii) the Division[ of Occupational and Professional Licensing]. (5) Credit for continuing professional education per two-year period may[shall] be recognized in accordance with the following: (a) unlimited hours [shall be recognized ]for professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences; (b) a maximum of 40 hours [per two-year period may be recognized ]for teaching in a college or university or teaching qualified professional education courses in the field of podiatry; (c) a maximum of ten hours [per two-year period may be recognized ]for clinical readings directly related to practice as a podiatric physician; (d) a maximum of six hours [per two-year period ]may come from the Division[ of Occupational and Professional Licensing]; and (e) [per]under Section 58-13-3[ concerning charity health care], a maximum of 15% of the required hours [per two-year period ]may come from providing volunteer services within the scope of license at a qualified location, with one hour of credit earned for every four hours of volunteer service.(6) A licensee shall [be responsible for ]maintain[ing] [competent]adequate records of completed qualified continuing professional education for a period of [four]two years after close of the two-year period to which the records pertain. [ It is the responsibility of t]The licensee [to]shall demonstrate the professional education meets the requirements of this section. (7) The Division may allow a licensee to defer or waive one or more continuing education requirements for a period of up to three years under Section R156-1-308d.[If a licensee properly documents that the licensee is engaged in full-time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section, the licensee may be excused from the requirement for a period of up to three years.] R156-5a-305. Radiology Course for Unlicensed Podiatric Assistants.
[In accordance with]Under Subsection 58-54-306(3), radiology courses for an unlicensed [person]individual performing services under the supervision of a podiatric physician shall include radiology theory consisting of the following: (1) orientation of radiation technology;
(2) terminology;
(3) radiographic podiatric anatomy and pathology (cursory);
(4) radiation physics (basic);
(5) radiation protection to patient and operator;
(6) radiation biology including interaction of ionizing radiation on cells, tissues and matter;
(7) factors influencing biological response to cells and tissues to ionizing radiation and cumulative effects of x-radiation;
(8) external radiographic techniques;
(9) processing techniques including proper disposal of chemicals; and
(10) infection control in podiatric radiology.
KEY: licensing, podiatrists, podiatric physician
Date of Last Change: [October 10, 2017]2026 Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-5a-101
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