DAR File No. 38856

Human Services, Substance Abuse and Mental Health

Rule R523-22

Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders

Notice of Proposed Rule

(Amendment)

DAR File No.: 38856
Filed: 09/09/2014 03:17:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a requirement that providers have separate classes for those under 21 years of age at the time the class is completed. This will allow the Under 21 classes to focus on not drinking until age 21.

Summary of the rule or change:

In Section R523-22-3, a requirement that providers have separate classes for those under 21 years of age at the time the class is completed is added.

State statutory or constitutional authorization for this rule:

• Section 63G-4-302
• Sections 62A-15-501 through 62A-15-503
• Section 76-5-207
• Section 73-18-12
• Section 41-6a-502
• Section 17-43-201
• Section 41-6a-510
• Section 41-6a-528
• Section 62A-15-103
• Section 62A-15-105

Anticipated cost or savings to:

the state budget:

There will not be any increased cost or savings to the state. The cost of DUI education is funded solely by the participants of the class.

local governments:

There will not be any increased cost or savings to local governments. The cost of DUI education is funded solely by the participants of the class. Local governments do not fund this program.

small businesses:

There will not be any increased cost or savings to the providers (small businesses). The cost of DUI education is funded solely by the participants of the class.

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

The agency believes that since the DUI education programs are already in place and many providers are already separating participants by this age criteria anyway that there should be minimal increases in the costs to the participants.

Compliance costs for affected persons:

There may be an increase in the cost for the participants (DUI offenders) who take the classes. Since the agency does not regulate the cost of classes and they are market-driven, it's difficult to give an estimate, but it is expected to be minimal.

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

There will not be a fiscal impact on businesses. These programs are funded by the participants who attend the programs.

Ann Silverberg Williamson, 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 Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• 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 raywinger@utah.gov

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:

10/31/2014

This rule may become effective on:

11/07/2014

Authorized by:

Doug Thomas, Director

R523. Human Services, Substance Abuse and Mental Health.

R523-22. Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders.

R523-22-1. Purpose and Statutory Authority.

1. Purpose. These rules prescribe standards for approval of Providers and certification of Instructors for providing alcohol and drug education to court-referred offenders convicted of a Driving Under the Influence (DUI) violation of Sections 41-6a-510, 41-6a-502, 41-6a-528, and 73-18-12.

2. Statutory Authority. These standards are promulgated by the Utah Department of Human Services through the Division of Substance Abuse and Mental Health (hereinafter referred to as "Division") as authorized by Sections 41-6a-502, 62A-15-103, 62A-15-105, 17-43-201, 62A-15-501 through 503 and 76-5-207.

3. Intent. The objective of the DUI Educational Program is to: (a) eliminate alcohol and other drug-related traffic offenses by helping the participant examine the behavior that led to the arrest, (b) assist the participant in implementing behavior changes to cope with problems associated with alcohol and other drug use, and (c) impress upon the participant the severity of the DUI offense.

 

R523-22-3. Certification Requirements for DUI Educational Providers.

1. In order to operate, a potential DUI Educational Provider shall make application to the Division at least 60 days prior to the planned effective date. The Division will provide the application form.

2. Application for certification shall require the following:

a. A brief description and purpose of the agency, and an explanation of the agency's relationship with other components of the local DUI system, i.e., Local Substance Abuse Authorities, local courts, police, Probation and Parole, Alcoholics or Narcotics Anonymous, etc.;

b. The geographical area to be served;

c. The ownership and person or group responsible for agency operation;

d. The location and time that DUI classes would normally be held;

e. A list of instructors employed by the agency; and

f. A copy of their substance abuse treatment license.

g. An outline describing how the agency will conduct the victim impact panel required by Section 62A-15-501;

h. Copies of all materials, i.e. presentations, workbooks, written documents, photographs used in the presentation or distributed to participants during victim impact panels shall be submitted to the Division for approval prior to use.

i. A written plan that describes goals, objectives and format of in person victim impact panels to the Division for approval prior to use.

3. A DUI Educational Provider shall also:

a. Ensure that participant receive no less than 16 hours of face-to-face instruction using the Division's approved curriculum with no more than 4 hours of instruction occurring in any calendar day;

b. Allow no more than 25 persons, including participant and others to a class;

c. Follow the recommendations of the screening which has been provided;

d. Ensure that screenings are conducted by staff from a licensed treatment agency who have been trained in administering the screening tool;

e. Report the number of participant completing the DUI Educational Program to the Division at least every quarter;

f. Have policies ensuring confidentiality of information maintained on participant that conform to the requirements in 42 Code of Federal Regulations Chapter 1 Part 2;

g. Ensure that Instructors follow the Division-approved curriculum;

h. Have available for review a copy of the Provider's charter, constitution, or bylaws;

i. Outline the eligibility criteria for admission to the program, including the screening tool used;

j. Ensure that all Instructors employed by the Provider have completed the Division required DUI training/certification;

k. Inform the Division of any licensing or address change:

l. Comply with all applicable local, state and federal laws and regulations.

m. Ensure that none of the Instructors are on probation or parole for any offense;

p. Ensure that none of the Instructors has been convicted of a felony of any kind or any drug or alcohol misdemeanor offense in the previous 3 years;

q. Notify the Division in writing within 30 days if any Instructor has been arrested for any reason;[ and]

r. Provide separate classes for participants who are younger than 21 years of age at the completion of the course; and

4. Ensure that any victim impact panel be consistent with the educational program taught, and ensure that the total attendance is no more than 25 participants.

5. An participant's participation in the DUI Educational Program shall not be a substitute for treatment as determined by an assessment.

6. The Division shall issue the Provider a certificate after determination has been made that the applicant is in compliance with these standards.

7. The Division Director has the authority to grant exceptions to any of the certification requirements.

 

KEY: DUI programs, certification of instructors

Date of Enactment or Last Substantive Amendment: [June 26, ]2014

Notice of Continuation: June 18, 2012

Authorizing, and Implemented or Interpreted Law: 17-43-201; 41-6a-502; 41-6a-510; 41-6a-528; 62A-15-103; 62A-15-105; 62A-15-[201]501 through 503; 63G-4-302;[17-43-301; ]73-18-12; 76-5-207