DAR File No. 40055

Commerce, Occupational and Professional Licensing

Rule R156-60d

Substance Use Disorder Counselor Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40055
Filed: 01/05/2016 04:12:47 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 60, Part 5, provides for the licensure of various classifications of substance use disorder counselor. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-60-503(3) provides that the Substance Use Disorder Counselor Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 60, Part 5, with respect to various classifications of substance use disorder counselor.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in January 2011, it has been amended three times. The only written comment received by the Division with respect to this rule was a 06/29/2012 email from Hunter Finch from the Governor's Office of Planning and Budget in which he notified the Division of incorrect statutory citations in the rule. As a result of Mr. Finch's email, the Division filed a nonsubstantive rule filing, which was made effective on 08/08/2012.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 5, with respect to various classifications of substance use disorder counselor. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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:

• Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov

Effective:

01/05/2016

Authorized by:

Mark Steinagel, Director