Utah Admin. Code 156-68-807

Current through Bulletin 2024-17, September 1, 2024

Section R156-68-807 - Collaborative Practice Arrangement Contract - Duties and Responsibilities of Collaborating Physician and Associate Physician

(1) Under Subsection 58-68-302.8(2) and Section 58-68-807, the process for Division approval of a collaborative practice arrangement, and the educational methods and programs required of an associate physician throughout the duration of a collaborative practice arrangement, are established in this section.

(2) Before beginning a collaborative practice arrangement, the prospective collaborating physician and associate physician shall sign a written collaborative practice arrangement contract, which the associate physician shall submit to the Division for approval.

(3) A collaborative practice arrangement contract shall include at least the following:

(a) the terms and conditions required by Subsection 58-68-807(1)(b), including a description of how the health care services rendered by the associate physician will be consistent with the associate physician's skill, training, and competence;

(b) if the associate physician will prescribe Schedule III through V controlled substances, documentation of the associate physician's mid-level practitioner Federal Drug Enforcement Administration (DEA) registration;

(c) under Subsection 58-68-807(1)(c), a provision requiring the associate physician to notify the Division in writing within ten days of any modifications to the collaborative practice arrangement contract, and providing that any modifications shall become effective only upon receipt of written notice from the Division approving the changes;

(d) under Subsection 58-68-807(4), a plan establishing educational methods and programs that the associate physician shall complete throughout the duration of the collaborative practice arrangement contract, which will facilitate the advancement of the associate physician's medical knowledge and abilities; and

(e) remedies in the event of breach of contract by either the collaborating physician or associate physician, including procedures for contract termination and written notification to the Division.

(4) Before an associate physician may render health care services under a collaborative practice arrangement, the parties shall obtain the Division's written approval of the collaborative practice arrangement contract.

(5) In evaluating a collaborative practice arrangement contract, the Division shall determine if the contract sufficiently complies with Section 58-68-807 and this section to adequately protect the public health, safety, and welfare.

(6) A collaborating physician overseeing an associate physician shall:

(a) ensure that the collaborating physician and associate physician are:

(i) both appropriately licensed; and

(ii) practicing pursuant to a Division-approved collaborative practice arrangement contract;

(b) ensure that the collaborating physician does not enter into a collaborative practice arrangement with more than three fulltime equivalent associate physicians as required by Subsection 58-68-807(3)(b);

(c) be available to the associate physician for advice, consultation, and direction consistent with the standards and ethics of the profession, including consideration of the associate physician's level of skill, in training, and competence; and

(d) monitor the associate physician's performance for compliance with the laws, rules, standards, and ethics of the profession, and report violations to the Division.

(7) An associate physician shall:

(a) before beginning a collaborative practice arrangement and rendering any health care services, enter into a Division-approved collaborative practice arrangement contract with a collaborating physician in accordance with this section;

(b) maintain required licensure and any required DEA registration;

(c) be professionally responsible for the acts and practices of the associate physician; and

(d) comply with the laws, rules, standards, and ethics of the profession.

(8)

(a) A collaborating physician shall submit to the Division a written explanation outlining the collaborating physician's concerns if the collaborating physician:

(i) terminates a collaborative practice arrangement contract for cause;

(ii) does not support continuance of a license for an associate physician to practice; or

(iii) has other concerns regarding the associate physician that the collaborating physician believes requires input from the Division and Board.

(b) Upon receipt of written concerns from a collaborating physician with respect to an associate physician, the Division shall:

(i) provide the associate physician an opportunity to respond in writing to the Division regarding the collaborating physician's concerns;

(ii) review with the Board the written statements from the collaborating physician and associate physician; and

(iii) in consultation with the Board, take any appropriate licensure action.

Utah Admin. Code R156-68-807

Adopted by Utah State Bulletin Number 2018-21, effective 10/9/2018

Amended by Utah State Bulletin Number 2023-03, effective 1/12/2023