DAR File No. 40999

Human Services, Substance Abuse and Mental Health

Section R523-11-3

Certification Requirements for DUI Educational Providers

Notice of Proposed Rule

(Amendment)

DAR File No.: 40999
Filed: 11/15/2016 08:56:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add clarification and to correct a typographical error.

Summary of the rule or change:

In Subsection R523-11-3(3), clarification is added to the curriculum requirement to include a reference to Rule R523-9. It also clarifies a staff requirement. Typographical errors are also corrected in Subsection R523-11-3(3).

Statutory or constitutional authorization for this rule:

• Section 17-43-201
• Section 41-6a-510
• Section 41-6a-502
• Section 62A-15-103
• Section 41-6a-528
• Sections 62A-15-501 through 62A-15-503
• Section 62A-15-105
• Section 73-18-12
• Section 63G-4-302
• Section 76-5-207
• 42 CFR Chapter 1 Subchapter A Part 2

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget since this amendment is merely adding a clarification to the curriculum requirement and correcting typographical errors.

local governments:

There is no anticipated cost or savings to the local governments since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors.

small businesses:

There is no anticipated cost or savings to the small businesses since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors.

Compliance costs for affected persons:

There are no compliance costs for affected persons since this amendment is merely adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors.

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

This rule amendment does not have a fiscal impact on businesses because it is just adding a clarification to the curriculum requirement, clarifying a staff requirement, and correcting typographical errors.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Doug Thomas, Director

R523. Human Services, Substance Abuse and Mental Health.

R523-11. Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders.

R523-11-3. 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 the agency substance abuse treatment license.

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

(3) A DUI Educational Provider shall also:

(a) Ensure that each participant receive no less than 16 hours of face-to-face instruction using the Division approved curriculum, in accordance with R523-9, with no more than 8 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 participants completing the DUI Educational Program to the Division at least every quarter;

(f) Have policies ensuring confidentiality of information maintained on each participant that conform to the requirements in 42 Code of Federal Regulations Chapter 1 Subchapter A 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 are certified to teach;

(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;

(n) 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;

(o) Notify the Division in writing within 30 days if any Instructor has been arrested for any reason;

(p) Provide separate classes for participants who are younger than 18 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.

([4]5) A participant's participation in the DUI Educational Program shall not be a substitute for treatment as determined by a screening and assessment.

([5]6) The Division shall issue the Provider a certificate after determination has been made that the agency is in compliance with these standards.

([6]7) The Division Director or designee 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: [2016]2017

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-15-501 through 503; 63G-4-302; 73-18-12; 76-5-207; 42 CFR Chapter 1 Subchapter A Part 2