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

NOTICES OF PROPOSED RULES DAR File No. 30179
KEY: licensing, background screening, fingerprinting
Date of Enactment or Last Substantive Amendment: [November
16, 2005]2007
Authorizing, and Implemented or Interpreted Law: 62A-2-108 et
seq.
Human Services, Administration,
Administrative Services, Licensing
R501-19
Residential Treatment Programs
NOTICE OF PROPOSED RULE
(Repeal and Reenact)
DAR FILE NO.: 30179
FILED: 07/11/2007, 09:12
RULE ANALYSIS
PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Changes to
this rule are necessary to address requirements set forth in
Subsection 62A-2-108.2(1)(a), which requires that the Office
of Licensing make rules that establish categories of
Residential Treatment licenses based on the differences in the
types of Residential Treatment programs. It also provides
more clarity to those rules that are generally the same as ones
currently in effect.
SUMMARY OF THE RULE OR CHANGE: This rule facilitates
substantive changes by establishing the following sections,
which did not previously exist in the repealed rule: Definitions;
Legal Requirements; Staff Requirements; and, Documentation
Requirements. It also creates definitions and new categories
for Residential Treatment Group, Residential Treatment
Facility, Residential Treatment Center, Residential Treatment
Campus, and a category for programs serving clients that
offend sexually or violently. Although there are few other
minor changes within this rule, most of the facility
requirements, health and safety regulations, record keeping,
and client services requirements are basically the same as
those found in the previous rule.
STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS
RULE: Sections 62A-2-106 and 62A-2-108.2
ANTICIPATED COST OR SAVINGS TO:
THE STATE BUDGET: It is anticipated that there will be some
initial implementation costs associated to this rule in the way
of development and printing of new check lists, and training of
staff to the new rule, but all of 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 costs to other
persons except for those listed below in "compliance costs for
affected persons" and "comments by the department head".
COMPLIANCE COSTS FOR AFFECTED PERSONS: Human service
programs that are required to be licensed for Residential
Treatment will experience some minimal administrative costs
to modify or update policies and procedures manuals and
record keeping procedures. There are both costs and savings
anticipated in regard to the staffing requirements. Depending
on the program it is possible to have some moderate cost
increase as a result of staffing and training requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE
RULE MAY HAVE ON BUSINESSES: The businesses that may
experience some mild to moderate fiscal impact as a result of
these rules are the human services programs that will be
licensed to provide residential treatment services. Some of
these business receive public funds through contracts with the
department, and will be evaluated for fiscal impact through the
rate setting process. Private noncontracted Residential
Treatment programs may need to set higher fees to offset any
additional costs due to 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.
R501-19. Residential Treatment Programs.
[R501-19-1. Authority.
Pursuant to Section 62A-2-101 et seq., the Office of Licensing
shall license residential treatment programs according to the
following rules.
R501-19-2. Purpose.
Residential treatment programs offer room and board and
provides for or arranges for the provision of specialized treatment,
rehabilitation or habilitation services for persons with emotional,
psychological, developmental, or behavioral dysfunctions,
impairments, or chemical dependencies. In residential treatment
programs, consumers are assisted in acquiring the social and
behavioral skills necessary for living independently in the
community in accordance with Subsection 62A-2-101(15).
48 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15