DAR File No. 39912

Commerce, Occupational and Professional Licensing

Section R156-78-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39912
Filed: 11/03/2015 05:28:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Both the Division and the Vocational Rehabilitation Counselors Licensing Board are proposing this amendment to clarify the definition of supervision in the Vocational Rehabilitation Counselors Licensing Act, Title 58, Chapter 78.

Summary of the rule or change:

Subsection R156-78-101(5)(a) currently includes the wording: "has authorized the work to be performed" which the Board determined may be interpreted as requiring that the supervisor has a formal work or employment relationship with the supervisee. Board members and the Division reported that applicants for licensure have questioned if the supervisor and the supervisee must work for the same employer. Many applicants for vocational rehabilitation counselor licensure practice in private or independent settings; thus the current language may be a barrier to licensure if the applicant for licensure works independently or for a small employer with few employees. The revised wording clarifies that there must be a professional relationship between the supervisor and the supervisee, but it does not imply the need for an employment relationship. In addition, the revised wording clarifies that the purpose of the supervision is to ensure that the work being performed by the supervisee is consistent with the scope and standards of the profession.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-78-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendment applies only to licensed vocational rehabilitation counselors and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendment applies only to licensed vocational rehabilitation counselors and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendment applies only to licensed vocational rehabilitation counselors and applicants for licensure in that classification. The Division does not anticipate any costs or savings for other persons.

Compliance costs for affected persons:

The proposed amendment applies only to licensed vocational rehabilitation counselors and applicants for licensure in that classification. The previous requirement for the supervising licensed vocational rehabilitation counselor to authorize the work of the supervisee created a barrier to licensure. The revised language minimizes barriers to licensure. Although compliance costs for affects persons cannot be quantified by the Division, minimization of licensure barriers is undoubtedly a benefit to affected persons.

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

As stated in the rule analysis, this rule rewrites the definition of "supervision" to clarify that a supervisee is not required to have a formal work or employment relationship with the supervisor. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@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:

12/31/2015

This rule may become effective on:

01/07/2016

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-78. Vocational Rehabilitation Counselors Licensing Act Rule.

R156-78-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 78, as used in Title 58, Chapters 1 and 78 or in this rule:

(1) "Disability related work experience", as used in Subsection 58-78-302(1)(e), means the practice of providing vocational rehabilitation services as defined in Subsection 58-78-102(3).

(2) "In-service" means a continuing education course that meets the requirements in Subsection R156-78-304(4) and is hosted or sponsored by an employer and not by a professional association, society or organization related to the profession.

(3) "LVRC" means a licensed vocational rehabilitation counselor.

(4) "Related field", as used in Subsection 58-78-302(1)(d), includes any of the following:

(a) psychology;

(b) clinical psychology;

(c) counseling psychology;

(d) professional guidance and counseling;

(e) social work;

(f) educational counseling;

(g) educational psychology with rehabilitation counseling emphasis;

(h) special education with rehabilitation counseling emphasis; and

(i) any other field deemed substantially related to the practice of rehabilitation counseling by the Board and Division.

(5) "Supervision", as used in Subsections 58-78-302(1)(e) and 58-78-304(1) means general supervision in that the supervising licensee:

(a) [has authorized the work to be performed by the person being supervised]establishes a professional relationship with the supervisee which ensures that the work being performed is consistent with the scope and standards of the profession;

(b) is available for consultation with the person being supervised by personal face-to-face contact, or direct voice contact by telephone, radio, or some other means, whether or not the supervising licensee is located on the same premises as the person being supervised;

(c) provides necessary consultation within a reasonable period of time; and

(d) maintains routine personal contact with the person being supervised.

(6) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 78, is further defined in accordance with Subsection 58-1-203(1)(e) in Section R156-78-502.

(7) "Vocational assessment", as used in Subsection 58-78-102(3)(c), includes the performance of forensic evaluations.

 

KEY: licensing, vocational rehabilitation counselor

Date of Enactment or Last Substantive Amendment: [August 8, 2011]2016

Notice of Continuation: August 14, 2014

Authorizing, and Implemented or Interpreted Law: 58-78-101; 58-1-106(1)(a); 58-1-202(1)(a)