DAR File No. 27533

Commerce, Occupational and Professional Licensing

R156-71-202

Naturopathic Physician Formulary

NOTICE OF PROPOSED RULE

DAR File No.: 27533
Filed: 11/08/2004, 09:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to add some noncontrolled substance medications to the naturopathic physician formulary so that a naturopathic physician can prescribe these medications. This rule filing also corrects the misspelling of one of the listed medications.

Summary of the rule or change:

This amendment changes the misspelling of Diphydramine to Dihydropyridine listed under Calcium Channel Blockers. The following noncontrolled substance medications are being added to the naturopathic physician formulary: Dyslipidemia Modulators, Pentoxiflylline, and deleted limitations on Hormones to now include all types of hormones.

State statutory or constitutional authorization for this rule:

Section 58-71-101, and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs, less than $50, to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments. Therefore, there are no anticipated cost or savings to local government.

other persons:

These proposed amendments will result in savings for the public and insurance carriers. Patients who presently see a naturopathic physician needing these types of medications cannot receive the required prescription. The patient needs to schedule another visit with a prescribing practitioner for the necessary prescription. If the naturopathic physician can prescribe the medication needed, it would reduce the duplication of services thus resulting in a lower cost for the patient. The Division is unable to determine an exact savings amount due to the wide varying charges among practitioners and the Division cannot determine how many persons would no longer need a second medical visit to a prescribing practitioner.

Compliance costs for affected persons:

These proposed amendments will result in savings for the public and insurance carriers. Patients who presently see a naturopathic physician needing these types of medications cannot receive the required prescription. The patient needs to schedule another visit with a prescribing practitioner for the necessary prescription. If the naturopathic physician can prescribe the medication needed, it would reduce the duplication of services thus resulting in a lower cost for the patient. The Division is unable to determine an exact savings amount due to the wide varying charges among practitioners and the Division cannot determine how many persons would no longer need a second medical visit to a prescribing practitioner.

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

This rule change corrects a spelling error and adds three noncontrolled medications to the naturopathic formulary. Because a naturopathic physician will now be able to prescribe the medications for patients, this rule filing will save patients time and money. They won't have to see another physician to obtain the prescription. Similarly, it might cause a negative fiscal impact to physicians who would normally see a patient just to prescribe the medications. However, the cost of such impact is impossible to determine. Klarice A. Bachman, Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Daniel T. Jones at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at dantjones@utah.gov

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:

01/03/2005

This rule may become effective on:

01/04/2005

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-71. Naturopathic Physician Practice Act Rules.

R156-71-202. Naturopathic Physician Formulary.

(1) In accordance with Subsections 58-71-102(8) and 58-71-202, the naturopathic physician formulary which consists of noncontrolled substance legend medications deemed appropriate for the scope of practice of naturopathic physicians, the prescription of which is approved by the Division in collaboration with the Naturopathic Formulary Advisory Peer Committee, consists of the following legend drugs, listed by category:

Adrenergic Stimulators, limited to: Albuterol, Epinephrine, and Metaproteranol;

Ace Inhibitors;

Amino Acids;

Anesthetics (local);

Antiemetics;

Antifungals, limited to: Nystatin and Fluconazole;

Antigout;

Antihistamines;

Anti-inflammatories, except DMARDS;

Antimicrobials (oral), limited to: Pencillins, 1st and 2nd generation Cephalosporins, Tetracyclines, Macrolides, Azalides, Lincosamines, Metronidazole, Hydantoins, and Sulfas;

Antimicrobials (ophthamologic), limited to: Sulfas and Macrolides;

Antimicrobials (topical);

Antivirals, limited to Acyclovir;

Biologics, limited to: Skin Testing, CDC recommended Immunizations, Toxoids, and Immunoglobulin;

Calcium Channel Blockers (2nd Generation [Diphydramine]Dihydropyridine);

Contraceptives, except implants and injections;

Corticosteroids (oral or topical), except Opthamologic Preparations;

Diabetic Agents, limited to: Insulin, and oral Hypoglycemics, except Thiazolidinediones;

Diuretics, limited to: Thiazide or Loop;

Dyslipidemia Modulators;

Electrolyte and Fluid Replacements;

Enzymes, limited to: Digestive and Proteolytic;

H2 Blockers;

Hormones[ (oral or topical), limited to: Estrogen, Progestins, and Thyroid];

Leukotrine modulators;

Migraine Preparations, limited to: Ergotamines and Sumatriptin;

Minerals: Macro and Micro;

Osteoporosis agents, limited to: Calcitonin and Raloxifene;

Oxygen;

Pentoxiflylline;

Proton-Pump Inhibitors;

Urinary Antispasmodics;

Vitamins;

Other: Methergine and Pitocin, limited to use only after the uterus has been emptied;

Silver Nitrate.

(2) New categories or classes of drugs will need to be approved as part of the formulary prior to prescribing/administering.

(3) The licensed naturopathic physician has the responsibility to be knowledgeable about the medication being prescribed or administered.

KEY: licensing, naturopaths, naturopathic physician[*]

[May 4, 2004]2005

Notice of Continuation February 7, 2002

58-71-101

58-1-106(1)(a)

58-1-202(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Daniel T. Jones at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at dantjones@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.