DAR File No. 31967

Commerce, Occupational and Professional Licensing

R156-71-202

Naturopathic Physician Formulary

NOTICE OF PROPOSED RULE

DAR File No.: 31967
Filed: 09/25/2008, 08:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division found that an approved naturopathic physician formulary item had inadvertently been omitted from the approved listing. Therefore, this rule filing is adding "vaccines" to the approved formulary listing.

Summary of the rule or change:

Vaccines are being added to the naturopathic physician formulary listing.

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 of approximately $50 to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment does not apply to local governments. The proposed amendment only applies to licensed naturopathic physicians and applicants for licensure as a naturopathic physician.

small businesses and persons other than businesses:

The proposed amendment to the naturopathic physician formulary will create a possible savings for the public and insurance carriers. Patients who presently see a naturopathic physician requesting specific types of medications may not be able to receive the required prescription. The patient currently has to schedule another visit with a prescribing practitioner. Each office visit to a prescribing practitioner is about $100 for each patient. If the naturopathic physician can prescribe the medication needed at the initial office visit, the result would be a reduction in duplication of services, thus reducing costs for the patients and insurance carriers. There is no way for the Division to determine how many patients are seen by naturopathic physicians versus other types of prescribing practitioners. It should be noted that a licensed naturopathic physician office may qualify as a small business if such a naturopathic physician owns or works in a small clinic.

Compliance costs for affected persons:

The proposed amendment to the naturopathic physician formulary will create a possible savings for the public and insurance carriers. Patients who presently see a naturopathic physician requesting specific types of medications may not be able to receive the required prescription. The patient currently has to schedule another visit with a prescribing practitioner. Each office visit to a prescribing practitioner is about $100 for each patient. If the naturopathic physician can prescribe the medication needed at the initial office visit, the result would be a reduction in duplication of services, thus reducing costs for the patients and insurance carriers. There is no way for the Division to determine how many patients are seen by naturopathic physicians versus other types of prescribing practitioners.

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

This rule filing amends the naturopathic formulary to include "vaccines" which were inadvertently left out of a prior amendment to the formulary. No fiscal impact to businesses is anticipated beyond those addressed in the rule summary. Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at SStewart@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:

11/14/2008

Interested persons may attend a public hearing regarding this rule:

10/16/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

11/21/2008

Authorized by:

F. David Stanley, Director

R156.  Commerce, Occupational and Professional Licensing.

R156-71.  Naturopathic Physician Practice Act Rule.

R156-71-202.  Naturopathic Physician Formulary.

(1)  In accordance with Subsections 58-71-102(8), 58-71-102(12)(a) and 58-71-202, the naturopathic physician formulary which consists of noncontrolled substance legend medications deemed appropriate for the primary health care of patients within 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, with reference numbers identified in the American Hospital Formulary Service (AHFS), published by the American Society of Health System Pharmacists, 2006 edition:

4:00 Antihistamines

8:08 Antihelminthics

8:12 Antibacterials, oral forms only

8:14 Antifungals, oral and topical forms

8:18 Antivirals limited to oral and topical dosage forms, excluding:

8:18:08 Antiretrovirals

8:18:20 Interferons

8:18:24 Monoclonal Antibodies

8:18:32 Nucleosides and Nucleotides

8:30:04 Amebicides

8:30:92 Miscellaneous Antiprotozoals excluding those whose primary indication is the treatment of infection in immunosuppressed patients (i.e. Pentamidine and Trimetrexate)

8:36 Urinary anti-infectives

12:12:08:12 Selective Beta 2 Adrenergic Agonists

12:12:12 Alpha and Beta Adrenergic Agonists

12:16 Sympatholytic (Adrenergic Blocking) Agents, limited to ergot derivatives

12:20 Skeletal Muscle Relaxants, excluding scheduled medications

20:24 Hemorrheologic Agents

24:04:08 Cardiotonic agents - limited to Digoxin

24:06 Antilipemic Agents

24:08 Hypotensive Agents - limited to oral dosage forms

24:20 Alpha Adrenergic Blocking Agents

24:24 Beta Adrenergic Blocking Agents - limited to oral dosage forms

24:28 Calcium Channel Blocking Agents - limited to oral dosage forms

24:32 Renin-Angiotensive-Aldosterone System Inhibitors - limited to oral dosage forms

28:08 Analgesics and Antipyrectics, excluding scheduled medications

28:16.04.20 Selective-Serotonin Reuptake Inhibitors

28:16.04.24 Serotonin Modulators

28:16.04.28 Tricyclics and Other Norepinephrine-Reuptake Inhibitors

40:00 Electrolytic, caloric, and water balance

40:28 Diuretics

44:00 Enzymes, limited to digestive and proteolytic

52:08 Corticosteroids (oral, topical, and injectable), Anti-Inflammatory Agents except Ophthmologic Preparations, and DMARDS

52:16 Local Anesthetics

56:22 Antiemetics

56:28 H2 Blockers, Anti-ulcer agents and Acid Suppressants

68:12 Contraceptives, except implants and injections

68:16.04 Estrogen

68:20.02 Alpha-Glucosidase Inhibitors

68:20.08 Insulins and Biguanides

68:20.20 Sulfonylureas

68:24 Parathyroid

68:32 Progestin

68:36.04 Thyroid agents, including thyroid of glandular extract

80:12 Vaccines

88:28 Multivitamin preparations

92:00 Antigout, and Bone-Resorption Inhibitors, limited to Raloxifene, and botulinum toxin type A, limited to superficial injections

(2)  In addition, amino acids, minerals, oxygen and silver nitrate, although not listed in Subsection (1), are approved for primary health care.

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

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

 

KEY:  licensing, naturopaths, naturopathic physician

Date of Enactment or Last Substantive Amendment:  [July 8, ]2008

Notice of Continuation:  January 8, 2007

Authorizing, and Implemented or Interpreted Law:  58-71-101; 58-1-106(1)(a); 58-1-202(1)(a)