DAR File No. 39869

Human Services, Substance Abuse and Mental Health

Rule R523-5

Certification of Designated Examiners and Case Managers

Notice of Proposed Rule

(Repeal)

DAR File No.: 39869
Filed: 10/27/2015 12:43:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Repeal this rule due to the division's comprehensive reorganization of their rules. (DAR NOTE: The proposed new rule is Rule R523-7 under DAR No. 39870 in this issue, November 15, 2015, of the Bulletin.)

Summary of the rule or change:

The purpose of this rule was to provide guidance on the process for designated examiners to attain certification from the Division of Substance Abuse and Mental Health (Division). This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 62A-15-105
• Subsection 62A-15-602(3)

Anticipated cost or savings to:

the state budget:

None--This rule will be replaced by a new rule, R523-7, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

local governments:

None--This rule will be replaced by a new rule, R523-7, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

small businesses:

None--This rule will be replaced by a new rule, R523-7, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

persons other than small businesses, businesses, or local governmental entities:

None--This rule will be replaced by a new rule that has been renumbered to coincide with the divisions comprehensive reorganization of its rules.

Compliance costs for affected persons:

None--This rule will be replaced by a new rule, R523-7, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

Comments by the department head on the fiscal impact the rule may have on businesses:

This will not have any fiscal impact on businesses because this rule will be replaced by a new rule, R523-7, that has been renumbered to coincide with the division's comprehensive reorganization of its rules.

Ann Williamson Silverberg, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
• L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2015

This rule may become effective on:

12/22/2015

Authorized by:

Doug Thomas, Director

R523. Human Services, Substance Abuse and Mental Health.

[R523-5. Certification of Designated Examiners and Case Managers.

R523-5-1. Authority.

(1) This rule establishes procedures and standards for administration of substance abuse and mental health services as granted by Section 62A-15-105.

 

R523-5-2. Purpose.

The purpose of this rule is to provide guidance on the process for designated examiners to attain certification from the Division of Substance Abuse and Mental Health (Division).

 

R523-5-3. Designated Examiners Certification.

(1) A "Designated Examiner" is a licensed physician or other licensed mental health professional designated by the Division as specially qualified by training or experience in the diagnosis of mental or related illness, as defined in Subsection 62A-15-602(3).

(a) The Division shall certify that a designated examiner is qualified by training and experience in the diagnosis of mental or related illness. Certification will require at least five years continual experience in the treatment of mental or related illness in addition to successful completion of training provided by the Division.

(b) Application for certification will be achieved by the applicant making a written request to the Division for their consideration. Upon receipt of a written application, the Director will initiate a review and examination of the applicants qualifications.

(c) The applicant must meet the following minimum standards in order to be certified.

(i) The applicant must be a licensed mental health professional.

(ii) The applicant must be a resident of the State of Utah.

(iii) The applicant must demonstrate a complete and thorough understanding of abnormal psychology and abnormal behavior, to be determined by training, experience and written examination.

(iv) The applicant must demonstrate a fundamental and working knowledge of the mental health law. In particular, the applicant must demonstrate a thorough understanding of the conditions which must be met to warrant involuntary commitment, to be determined by training, experience and written examination.

(v) The applicant must be able to discriminate between abnormal behavior due to mental illness which poses a substantial likelihood of serious harm to self or others from those forms of abnormal behavior which do not represent such a threat. Such knowledge will be determined by experience, training and written examination.

(vi) The applicant must be able to demonstrate a general knowledge of the court process and the conduct of commitment hearings. The applicant must demonstrate an ability to provide the court with a thorough and complete oral and written evaluation that addresses the standards and questions set forth in the law, to be determined by experience, training and written and oral examination.

(vii) The applicant shall attend the training for the certification of designated examiners that is provided by the Division and pass the exam at the completion of the training with a minimum of 70% correct.

(d) The Division Director or designee will determine if experience and qualifications are satisfactory to meet the required standards. The Division Director or designee will also determine if there are any training requirements that may be waived due to prior experience and training to grant an exception of any of the above requirements.

(e) Upon satisfactory completion of the required experience and training, the Division Director or designee will certify the qualifications of the applicant, make record of such certification and issue a certificate to the applicant reflecting his status as a designated examiner and authorize the use of privileges and responsibilities as prescribed by law.

 

R523-5-4. Case Manager Certification.

(1) Definitions.

(a) "Mental Health and Substance Abuse Case Manager" means an individual under the supervision of a qualified provider employed or contracted by the local mental health or substance abuse authority, who is responsible for coordinating, advocating, linking and monitoring activities that assist individuals with serious and often persistent mental illness and serious emotional disorder in children and individuals with substance abuse disorders to access prescribed medical and related therapeutic services. Also, to promote the individual's general health and their ability to function independently and successfully in the community.

(b) "Qualified providers" include any individual who is a licensed physician, a licensed psychologist, a licensed clinical social worker, a licensed certified social worker, a licensed social service worker, a licensed advanced practice registered nurse, a licensed registered nurse, a licensed practical nurse, a licensed clinical mental health counselor, licensed marriage and family counselor, or a licensed substance abuse counselor, and employed or contracted by a local mental health authority or local substance abuse authority.

(2) A certified case manager must meet the following minimum standards:

(a) be an individual who is not a licensed mental health professional, who is supervised by one of the qualified providers listed in Subsection R523-5-4(1)(b);

(b) be at least 18 years of age;

(c) have at least a high school degree or a GED;

(d) have at least two years experience in the support of individuals with mental illness, substance abuse and/or related experience in human services.

(e) be employed or subcontracted by a local mental health authority or a local substance abuse authority;

(f) pass a Division exam which tests basic knowledge, ethics, attitudes and case management skills with a score of 70 percent or above; and

(g) completes an approved case management practicum.

(3) An individual applying to become a certified case manager may request a waiver of the minimum standards in Subsection R523-5-4(2) based on their prior experience and training. The individual shall submit the request in writing to the Division. The Division shall review the documentation and issue a written decision regarding the request for waiver.

(4) Applications and instructions to apply for certification to become a case manager can be obtained from the Division of Substance Abuse and Mental Health. Only complete applications supported by all necessary documents shall be considered.

(a) Individuals will be notified in writing of disposition and determination to grant or deny the application within 30 days of completion of case management requirements. The Division shall issue a certificate for three years.

(b) If the application is denied the individual may file a written appeal within 30 days to the Division Director or designee.

(5) Each certified case manager is required to complete and document eight hours of continuing education (CEU) credits each calendar year related to mental health, substance abuse or related topics.

(a) A certified case manager shall retain CEU documentation. Documentation should not be sent to the Division unless requested for an audit.

(b) Documents to verify CEU credits include:

(i) a certificate of completion documenting continuing education validation furnished by the presenter:

(ii) a letter of certificate from the sponsoring agency verifying the name of the program, presenter, and number of hours attended and participants; or

(iii) an official grade transcript verifying completion of an undergraduate or graduate course(s) of study.

(6) Certified case managers shall abide by the Rules of Professional Code of Conduct pursuant to Rule R495-876, the Department of Human Services Provider Code of Conduct Policy.

(a) Each employer shall notify the Division within 30 days, if a certified case manager engages in unprofessional or unlawful conduct.

(b) The Division shall revoke, refuse to certify or renew a certification to an individual who is substantiated to have engaged in unprofessional or unlawful conduct.

(c) An individual who has been served a Notice of Agency Action that the certification has been revoked or will not be renewed may request a Request for Review to the Division Director or designee within 30 days of receipt of notice.

(d) The Division Director or designee will review the findings of the Notice of Agency Action and shall determine to uphold, amend or revise the action of denial or revocation of the certification.

(7) If a certified case manager fails to complete the requirements for CEUs, their certificate will be revoked or allowed to expire and will not be renewed.

(8) If an individual fails the Division examination they must wait 30 days before taking the examination again. The individual may only attempt to pass the examination two times within a twelve-month period.

(9) The case managers certification must be posted and available upon request.

 

KEY: designated examiners, involuntary commitment, case managers

Date of Enactment or Last Substantive Amendment: April 7, 2014

Authorizing, and Implemented or Interpreted Law: 62A-15-105; 62A-15-602(3)]