Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 30180
RULE ANALYSIS
PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Changes to
this rule are necessary as a result of legislation passed in
2006 and 2007 that resulted in amendments to Title 62A,
Chapter 2; need to clarify certain requirements that had
previously been misinterpreted; need to insert clean-up
language and additional details to aid with interpretations;
need to create new sections to address basic health, safety
and client care as required by Title 62A, Chapter 2.
SUMMARY OF THE RULE OR CHANGE: This rule makes a
significant number of changes to the existing Rule R501-2,
Core Rules, thus necessitating a "repeal and reenact". It
facilitates substantive changes by establishing the following
new sections, which did not previously exist in the repealed
rule: Authority and Purpose; Definitions; Financial
Requirements; Off-Site Activities; Medication and Medical
Procedures; Infectious Disease; and Weapons. Although
there are other substantive changes within this rule, many of
the Program Administration, Governance, Record Keeping,
Direct Service Management, Behavior Management, Rights of
Clients, Personnel Administration, Emergency Plans, Safety,
and Transportation requirements are basically the same as
those found in the previous rule.
STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS
RULE: Section 62A-2-101 et seq.
ANTICIPATED COST OR SAVINGS TO:
THE STATE BUDGET: It is anticipated that there will be initial
implementation costs associated to this rule in the way of
development and printing of new checklists, training of staff,
and some additional enforcement efforts. It is expected,
however, that these costs can be absorbed in current budgets.
LOCAL GOVERNMENTS: There should be no direct costs to
local governments because they do not operate programs that
are regulated by this rule.
OTHER PERSONS: There should be no cost to other persons
except those listed below in "compliance costs for affected
persons" and "comments by the department head".
COMPLIANCE COSTS FOR AFFECTED PERSONS: Human services
Programs licensed under this rule will experience some
administrative costs to modify or update policies and
procedures manuals. Depending on the specific type of
program some will experience mild to moderate cost
increases in order to implement and adequately comply with
the rule. There are those that will experience little or no cost
increases.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE
RULE MAY HAVE ON BUSINESSES: The businesses that will be
impacted fiscally by this rule are licensed to provide human
service programs. Some of these businesses receive public
funds through contract with the Department and will be
evaluated for fiscal impact through the rate setting process.
Private noncontracted human service programs may realize
the need to set higher fees to offset any additional costs
resulting from these regulations
THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR
BUSINESS HOURS, AT:
HUMAN SERVICES
ADMINISTRATION, ADMINISTRATIVE SERVICES,
LICENSING
120 N 200 W
SALT LAKE CITY UT 84103-1500, or
at the Division of Administrative Rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
Ken Stettler at the above address, by phone at 801-538-4235,
by FAX at 801-538-4553, or by Internet E-mail at
kstettler@utah.gov
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY
SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER
THAN 5:00 PM on 08/31/2007.
THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2007
AUTHORIZED BY: Ken Stettler, Director
R501. Human Services, Administration, Administrative
Services, Licensing.
R501-2. Core Rules.
[R501-2-1. Definition.
Core Rules are required for Human Service Programs, listed in
R501-2-14. Where there is duplication of review by another
oversight agency, the Office of Licensing, shall accept that
documentation as proof of compliance. Pursuant to 62A-2-106, the
Office of Licensing will not enforce rules for licensees under
contract to a Division in the Department of Human Services in the
following areas:
A. the administration and maintenance of client and service
records;
B. staff qualifications; and
C. staff to client ratios.
R501-2-2. Program Administration.
A. The program shall have a written statement of purpose to
include the following:
1. program philosophy,
2. description of long and short term goals, this does not apply
to social detoxification or child placing adoption agencies,
3. description of the services provided,
4. the population to be served,
5. fee policy,
6. participation of consumers in activities unrelated to
treatment plans, and
7. program policies and procedures which shall be submitted
prior to issuance of an initial licensing.
B. Copies of the above statements shall be available at all
times to the Office of Licensing upon request. General program
information shall be available to the public.
C. The program shall have a written quality assurance plan.
Implementation of the plan shall be documented.
D. The program shall have clearly stated guidelines and
appropriate administrative procedures, to include the following:
1. program management,
24 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15