DAR File No. 39870

This rule was published in the November 15, 2015, issue (Vol. 2015, No. 22) of the Utah State Bulletin.


Human Services, Substance Abuse and Mental Health

Rule R523-7

Certification of Designated Examiners and Case Managers

Notice of Proposed Rule

(New Rule)

DAR File No.: 39870
Filed: 10/27/2015 12:49:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

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. (DAR NOTE: The proposed repeal is of Rule R523-5 under DAR No. 39869 in this issue, November 15, 2015, of the Bulletin.)

Summary of the rule or change:

This rule provides guidance on Designated Examiners certification and Case Management certification.

State statutory or constitutional authorization for this rule:

  • Subsection 62A-15-602(3)
  • 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There is no aggregate anticipated cost or savings to the state budget because this rule replaces a repealed rule, R523-5, that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

local governments:

There is no aggregate anticipated cost or savings to the local government because this rule replaces a repealed rule that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

small businesses:

There is no aggregate anticipated cost or savings to the small businesses because this rule replaces a repealed rule that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

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savings to persons other than small businesses, businesses, or local government entities because this rule replaces a repealed rule that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

Compliance costs for affected persons:

There is no compliance cost for affected persons because this rule replaces a repealed rule that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

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

There is no fiscal impact on businesses because this rule replaces a repealed rule that was repealed in order to clarify guidance, correct typographical errors, remove unnecessary text, and reorganize the numbering system of the division's rules.

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

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-7. Certification of Designated Examiners and Case Managers.

R523-7-1. Authority.

This rule is promulgated under authority of Section 62A-15-105.

 

R523-7-2. 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).

 

R523-7-3. 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 applicant's 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.

 

R523-7-4. Case Management Certification.

(1) Definitions.

(a) Case Management Certification means the process by which an individual obtains certification from the Division that allows them to provide case management services for individuals with mental illness and / or substance use disorders.

(i) Case Management services can be provided by:

(A) A qualified provider, as defined in the Utah Medicaid Provider Manual, found at https://medicaid.utah.gov/Documents/manuals/pdfs/Medicaid%20Provider%20Manuals/Targeted%20Case%20Management/Serious%20Mental%20Illness/Archive/2014/SeriousMentalIllness1-14.pdf.

(B) An individual under the supervision of a qualified provider employed or contracted by the local mental health or substance abuse authority. The qualified provider shall be responsible for coordinating, advocating, linking and monitoring the Case Manager.

(b) Case Manager tasks include activities that assist individuals with:

(i) Serious mental illness;

(ii) Serious emotional disorder; and

(iii) Individuals with substance use disorders.

(c) Case Managers tasks include:

(i) Access medical and related therapeutic services; and

(ii) To promote the individual's general health and their ability to function independently and successfully in the community.

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

(a) Be at least 18 years of age;

(b) Have at least a high school degree or a GED;

(c) Have at least have at least two years experience in Human Services or related field (may include relevant education/volunteer activities).

(d) Be employed or subcontracted by a local mental health authority or a local substance abuse authority;

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

(f) Have completed 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 R523-7-4(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. 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 use disorder 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 Provider Code of Conduct pursuant to Section R495-876, and as also found in 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 manager's certification shall be posted and available upon request.

(10) The LMHA/LSAA shall notify the Division in writing when a Case Manager is no longer employed or subcontracted. The Case Manager certification shall be void upon separation of employment or termination of contract with the LMHA/LSAA.

 

KEY: designated examiners, involuntary commitment, case managers

Date of Enactment or Last Substantive Amendment: 2015

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

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact 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.  For questions about the rulemaking process, please contact the Division of Administrative Rules.