96-02

Responses February 8, 1996 and April 17, 1996

 

 

From: XXXXX

To: XXXXX

Date: 2/5/96 3:30pm

Subject: Advisory Opinion

 

I received a call from a taxpayer who is requesting an advisory opinion on the TC-842, disability plates or placard. He was told that only a medical physician could sign the form. He indicated that no where in the statute does it differentiate between a medical physician and a chiropractic physician. He feels that because chiropractors may authorize disability claims, they should be able to sign the TC-842.

 

Could you please respond to:

 

XXXXX

 

His phone number is XXXXX.

 

If you have any questions, please contact me at XXXXX. Thanks!!!

 

 

February 8, 1996

 

XXXXX

 

RE: Advisory Opinion - Interpretation of the term “licensed physician” as it relates the authorization of disabled parking placards and plates.

 

Dear XXXXX,

 

We have received your request for an advisory opinion regarding physician authorization for disabled parking placards and plates. A similar inquiry was recently directed to our Customer Service Division. The Customer Service staff is putting together their recommendations on this issue. As soon as we have had an opportunity to review the recommendations, we will make a determination and propose an administrative rule to clarify our position on the matter.

 

We appreciate your bringing this issue to our attention. We will hold your request pending the review of our staff’s recommendations and issue you an opinion after we have made our determination.

 

For the Commission,

 

Alice Shearer

Commissioner

 

 

March 26, 1996

 

Ms. Alice Shearer, Commissioner

Utah State Tax Commission

210 North 1950 West

Salt Lake City, UT 84134

 

RE: Advisory Opinion - Interpretation of the term "licensed physician" as it relates to the authorization of disabled parking privileges

 

Dear Ms. Shearer:

 

Thank you for your letter dated February 8, 1996, regarding the advisory opinion referenced above. I understand that your Customer Service Division is working on this issue.

 

I currently chair the XXXXX. Chiropractors are designated by statute (Title 58, Chapter 12, Part 7) as physicians. The scope of practice for chiropractic physicians, under this section, includes assessing physical disability and providing advisory services for the purposes of reducing the incidence and severity of physical disability and movement dysfunctions. Disability and physical impairment ratings from chiropractic physicians are accepted by the Utah State Industrial Commission for work related injuries, and by many other governmental agencies, both state and federal, to determine limitations for individuals.

I hope this information is helpful in the determination of an advisory opinion in this matter. If I can be of any assistance in providing further information, please do not hesitate to contact me.

 

Sincerely,

 

XXXXX

 

 

April 17, 1996

 

XXXXX

 

RE: Advisory opinion - authorization for handicapped parking placards

 

Dear XXXXX,

 

Our Customer Service Division has reviewed your request and recommended to us that chiropractic physicians should be authorized to sign applications for handicapped parking placards pursuant to section 41-1a-408 (12) of the Utah Code. We agree that a chiropractic physician may sign the form so long as the chiropractor is treating the applicant for one of the qualifying conditions listed on the application form. Generally, the qualifying conditions listed on the form are conditions which prohibit or limit the applicant’s ability to walk long distances or to walk without the use of an assistive device.

 

Thank you for your help in providing us with information and for your patience as we reviewed this matter.

 

For the Commission,

 

Alice Shearer,

Commissioner