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

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NOTICES OF PROPOSED RULES DAR File No. 30179 (c) maintain a medical practitioner on duty for a minimum of 40 hours weekly, between the hours of 7:00 a.m. and 11:00 p.m., and on call at all other times; (d) maintain a full time cook and kitchen staff; and (e) maintain a full time facility maintenance staff. R501-19-17. Additional Rules for Programs Serving Clients That Offend Violently or Sexually. (1)(a) In addition to Sections R501-19-1 through R501-19-9 and any other applicable subsections, a residential treatment program providing services to a person that has offended violently or sexually shall comply with this section, R501-19-17. (b) In the event of any conflict between Rules, the more restrictive provision shall apply. (2) A program may provide services to a person that has offended violently or sexually only after the program provides documentation of review and approval by a mental health therapist with documented expertise in clients who offend violently or sexually, of the program's: (a) treatment services; (b) detailed assessment of individual and community risk factors particular to the program site; (c) specific methods for reducing assessed risks; and (d) detailed description of the security measures it shall employ to protect each client, staff, and the community. (3) A program shall comply with its approved risk reduction policies and procedures. (4) A program providing services to persons that offend violently or sexually shall maintain a minimum direct care staff ratio of one direct care staff on duty for every four clients, and never fewer than two direct care staff on duty. (a) A program shall comply with a staffing ratio that is more restrictive when required by a client's treatment plan or a contract with the Department of Human Services or its Divisions. (5) A minimum of one male direct care staff shall be on duty when a male client is present, and a minimum of one female direct care staff shall be on duty when a female client is present. R501-19-18. Compliance. Any licensee that is in operation on the effective date of this Rshall be given 90 days after the effective date to achieve compliance with this rule. KEY: human services, licensing, residential treatment Date of Enactment or Last Substantive Amendment: [May 2, 2000]2007 Notice of Continuation: April 25, 2005 Authorizing, and Implemented or Interpreted Law: 62A-2-101 et seq.; 62A-2-106; 62A-2-108.2 End of the Notices of Proposed Rules Section 56 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a PROPOSED RULE in the Utah State Bulletin, it may receive public comment that requires the PROPOSED RULE to be altered before it goes into effect. A CHANGE IN PROPOSED RULE allows an agency to respond to comments it receives. As with a PROPOSED RULE, a CHANGE IN PROPOSED RULE is preceded by a RULE ANALYSIS. This analysis provides summary information about the CHANGE IN PROPOSED RULE including the name of a contact person, anticipated cost impact of the rule, and legal cross-references. Following the RULE ANALYSIS, the text of the CHANGE IN PROPOSED RULE is usually printed. The text shows only those changes made since the PROPOSED RULE was published in an earlier edition of the Utah State Bulletin. Additions made to the rule appear underlined (e.g., example). Deletions made to the rule appear struck out with brackets surrounding them (e.g., [example]). A row of dots in the text between paragraphs (· · · · · ·) indicates that unaffected text, either whole sections or subsections, was removed to conserve space. If a CHANGE IN PROPOSED RULE is too long to print, the Division of Administrative Rules will include only the RULE ANALYSIS. A copy of rules that are too long to print is available from the agency or from the Division of Administrative Rules. While a CHANGE IN PROPOSED RULE does not have a formal comment period, there is a 30-day waiting period during which interested parties may submit comments. The 30-day waiting period for CHANGES IN PROPOSED RULES published in this issue of the Utah State Bulletin ends August 31, 2007. At its option, the agency may hold public hearings. From the end of the waiting period through November 29, 2007, the agency may notify the Division of Administrative Rules that it wants to make the CHANGE IN PROPOSED RULE effective. When an agency submits a NOTICE OF EFFECTIVE DATE for a CHANGE IN PROPOSED RULE, the PROPOSED RULE as amended by the CHANGE IN PROPOSED RULE becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file another CHANGE IN PROPOSED RULE in response to additional comments received. If the Division of Administrative Rules does not receive a NOTICE OF EFFECTIVE DATE or another CHANGE IN PROPOSED RULE, the CHANGE IN PROPOSED RULE filing, along with its associated PROPOSED RULE, lapses and the agency must start the process over. CHANGES IN PROPOSED RULES are governed by Utah Code Section 63-46a-6 (2001); and Utah Administrative Code Rule R15-2, and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. The Changes in Proposed Rules Begin on the Following Page. UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 57
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