DAR File No. 42042
This rule was published in the September 15, 2017, issue (Vol. 2017, No. 18) of the Utah State Bulletin.
Human Services, Substance Abuse and Mental Health
Drug Testing Requirements
Notice of Proposed Rule
DAR File No.: 42042
Filed: 08/25/2017 10:03:16 AM
Purpose of the rule or reason for the change:
This rule establishes drug testing procedures for agencies associated with the Division of Substance Abuse and Mental Health (DSAMH) through contracts or certifications, which are consistent with science and best practice.
Summary of the rule or change:
The rule: 1) defines a drug screen, drug test, confirmation test, and participants; 2) requires all agencies receiving public funds to provide substance use treatment, to have written policies and procedures on drug testing, and a requirement to allow review of those policies and procedures by the Division; 3) requires agencies to notify participants of: the purpose of a drug screen, who will have access to results, the potential consequence of testing positive, and their right to request confirmation testing; 4) requires testing methodologies to meet the scientific standards developed by the Substance Abuse and Mental Health Services Administration; 5) establishes testing frequencies; 6) sets cut-off levels; 7) prescribes requirements for positive results; 8) prescribes sanctions; 9) requires agencies to not bill for confirmation tests that are returned as negative; 10) recommends that duplicate drug testing among the Department of Human Services' divisions should be avoided; 11) recommends addition methods to fully monitor treatment compliance; and 12) recommends the use of Medication Assisted Treatment.
Statutory or constitutional authorization for this rule:
- Section 62A-15-105
Anticipated cost or savings to:
the state budget:
This rule has existed as a Division directive for many years. Recent discussions within the Division have led to a decision to move this directive into rule because the directive is mainly designed to give guidance to the publicly-funded agencies with whom the Division contracts for substance use and mental health services. Over the past couple of years, the Division has been legislatively directed to interact more fully with private treatment providers with the passage of H.B. 348, also known as the Justice Reinvestment Initiative (JRI), in the 2015 General Session, and H.B. 259 in the 2016 General Session. These bills in part require the Division, to establish minimum standards for the treatment of substance use disorders that would apply to all treatment providers regardless of public or private funding sources. Drug testing criteria is part of those standards that have been created and it seems more logical to create a rule that would apply to all agencies rather than refer non-contracted private agencies to a directive that is more applicable to publicly funded programs. This requirement is already in force and monitoring for compliance remains within current funding and will not impact future budgets.
No costs are associated with this rule other than those that already exist from the initial establishment of the Division directive on drug testing. Local governments have been complying with the standards set forth in this rule for many years, and their budgets are already established around the anticipated costs of drug testing in each fiscal year.
It is anticipated that some small businesses will have costs associated with the implementation of this rule. The Division surveyed 70 small businesses that would be required to comply with this rule. Of the 70 contacted, 13 responded to the request for information. Ten agencies or 77% of the agencies responding claimed no cost associated with the conditions of this rule. The following is a list of the potential cost identified by the other 23% of respondents: one agency claimed a $50 cost increase every month; one agency claimed a onetime cost to bring charge of custody into compliance and a $0.55 cost increase for 320 tests, which will effect 213 people; and one agency claimed an increase cost of $50 per client at $20,000 per year. The Division acknowledges at least 23% of the small businesses that will be required to comply with this rule will have a cost increase between $0.55 and $50 per client per month.
persons other than small businesses, businesses, or local governmental entities:
This rule may cause a person receiving services from 23% of the small businesses providing services to justice involved individuals to have a possible cost of $0.55 to $50 passed on to them or their insurance, if the agency they receive treatment from is not able to absorb the increase in compliance costs to their operating costs. The size of the potentially affected population can be at least as large as 30,099 individuals. This number was derived from the Key JRI Quarterly Performance Measures created by the Utah Commission on Criminal and Juvenile Justice. This number represents all felony and class A and B misdemeanors filed in district and justice courts, where the charge is alcohol or drug relate, with FY 2016 as the time frame.
Compliance costs for affected persons:
A firm compliance cost cannot be provided, but there is a potential that at least 23% of all affected persons would have to pay up to $50 per month, $600 per year, in compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that this proposed rule will result in a fiscal impact to businesses.
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:
- Thomas Dunford at the above address, by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Doug Thomas, Director
R523. Human Services, Substance Abuse and Mental Health.
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/2017/b20170915.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 Thomas Dunford at the above address, by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.