DAR File No. 39860

Human Services, Substance Abuse and Mental Health

Rule R523-1

General Provisions

Notice of Proposed Rule

(New Rule)

DAR File No.: 39860
Filed: 10/27/2015 09:07:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define the continuum of substance use disorder services; clarify funding for medical detoxification programs; and adopt the American Society of Addiction Medicine (ASAM) Patient Placement Criteria to determine the level of care provided to all individuals served by programs provided by contracted with the Division or county local authorities. (DAR NOTE: The proposed repeal is of Rule R523-20 under DAR No. 39873 in this issue, November 15, 2015, of the Bulletin.)

Summary of the rule or change:

This rule defines: 1) prevention; 2) substance use disorder treatment; 3) mental health services; and 4) recovery support services. This rule provides guidance on: 1) the funding of medical detoxification programs by the division; 2) the substance use disorder assessment of clients by contractors; and 3) placement decisions to be based on criteria developed by the American Society of Addiction Medicine.

State statutory or constitutional authorization for this rule:

• Section 62A-15-105

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because this rule is replacing a rule that is being repealed, Rule R523-20. Changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place.

local governments:

There is no aggregate anticipated cost or savings to the local government because this rule is replacing a rule that being repealed, Rule R523-20. Changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place.

small businesses:

There is no aggregate anticipated cost or savings to the small businesses because this rule is replacing a rule that being repealed, Rule R523-20. Changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place.

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

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule is replacing a rule that being repealed, Rule R523-20. Changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this rule is replacing a rule that being repealed, Rule R523-20. Changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place.

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

Since this rule is replacing a repealed rule and changes made to this rule are primarily renumbering, additional definitions, and clarification of text that was already in place, there is no fiscal impact on businesses.

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 Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@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:

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.

R523-1. General Provisions.

R523-1-1. Authority.

This rule establishes procedures and standards for administration of substance use disorder and mental health services as granted by Section 62A-15-105.

 

R523-1-2. Purpose.

(1) The purpose of this rule is to:

(a) Define the continuum of substance use disorder services;

(b) Clarify funding for Medical detoxification programs; and

(c) Adopt the American Society of Addiction Medicine (ASAM) Patient Placement Criteria to determine the level of care provided to all individuals served by programs provided by or contracted with the Division or county local authorities .

 

R523-1-3. Continuum of Services.

(1) Prevention means a proactive comprehensive approach to reduce risk factors and promote protective factors of substance use disorders and mental illness. The comprehensive approach is to include services in universal, selective, and indicated settings across a broad array of activities, programs, and strategies .

(2) Substance Use Disorder Treatment means those services which target individuals or families who are functionally impaired psychologically, physically, or socially in association with the patterned misuse of or dependence on alcohol, tobacco, or other drugs. This includes only those individuals upon whom a written consumer record, as defined in licensing standards (Rule R501-2-5) as adopted by the Division of Substance Abuse and Mental Health, is maintained.

(3) Mental Health services means a broad array of activities directly or indirectly related to mental well-being and includes promotion of well-being, the prevention of mental disorders, and the treatment and rehabilitation of people affected by mental disorders.

(4) Recovery Support Services means those services or activities provided before, during or after completion of acute treatment services to enhance a person's ability to either attain or retain their recovery from either mental health or substance use disorders.

 

R523-1-4. Funding of Medical Detoxification Programs.

Medical detoxification programs shall not be funded by the Division on an ongoing basis.

 

R523-1-5. Use of Standard Criteria.

(1) All contractors and subcontractors shall conduct an assessment of each client to determine the degree of severity of any substance use disorder. This assessment shall evaluate the client's status in the following dimensions.

(a) Risk of acute psychosis, intoxication/withdrawal;

(b) Biomedical conditions or complications;

(c) Emotional, Behavioral Cognitive Conditions;

(d) Readiness to change;

(e) Relapse, continued use or continued problem potential; and

(f) Recovery environment.

(2) The assessment shall include relevant information on the client's:

(a) Substance use history, and any treatment history;

(b) Legal status; and

(c) Criminogenic Risk and needs.

(3) The placement decisions for all patients treated in programs funded by or contracting with the Division of Substance Abuse and Mental Health or subcontracted to any local authority shall be based upon the current placement criteria developed by the American Society of Addiction Medicine (ASAM).

(4) Documentation of the use of ASAM placement criteria must be included in each patient's record.

 

KEY: substance disorder, financing of programs, service continuum, assessment instruments

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 62A-15-105