DAR File No. 42243

Commerce, Occupational and Professional Licensing

Section R156-78-502

Unprofessional Conduct

Notice of Proposed Rule

(Amendment)

DAR File No.: 42243
Filed: 10/19/2017 09:21:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is required to update a reference to the most current version of the Code of Professional Ethics for Rehabilitation Counselors. (DOPL NOTE: This proposed rule filing was completed by all review parties within the Division of Occupational and Professional Licensing (Division) and Department of Commerce by 10/04/2017, which was well before the 10/16/2017 filing period, but the proposed filing was held at the request of the Division manager as he wanted to review the proposed amendment with the Vocational Rehabilitation Counselor Licensing Board at their 10/18/2017 meeting date. cwi)

Summary of the rule or change:

In Subsection R156-78-502(1)(a), the proposed amendment updates the reference to the most current version of the Code of Professional Ethics for Rehabilitation Counselors, which became effective 01/01/2017.

Statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates Code of Professional Ethics for Rehabilitation Counselors, published by Commission on Rehabilitation Counselor Certification (CRCC), January 1, 2017

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the Division from the proposed amendment. The updated reference is available online at no cost to the Division. The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

There is no anticipated cost or savings to local governments for the proposed amendment because it is only updating a reference to industry standards.

small businesses:

The proposed amendment to Section R156-78-502 will have no fiscal impact on small businesses because it is only updating a reference to industry standards.

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

The proposed amendment to Section R156-78-502 will have no fiscal impact on other persons because it is only updating a reference to industry standards. The updated reference is available online at no cost to other persons.

Compliance costs for affected persons:

The proposed amendment to Section R156-78-502 will have no fiscal impact on affected persons because it is only updating a reference to industry standards. The updated reference is available online at no cost to affected persons.

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

The sole amendment to the rule updates the reference to the most current version of the Code of Professional Ethics for Rehabilitation Counselors. The former version of the ethics code was dated 2010 and the new ethics code is dated 2017. No fiscal or non-fiscal impact results from this amendment.

Francine A. Giani, Executive Director

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

• Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-78. Vocational Rehabilitation Counselors Licensing Act Rule.

R156-78-502. Unprofessional Conduct.

(1) "Unprofessional conduct" includes:

(a) violating any provision of the Code of Professional Ethics for Rehabilitation Counselors, published by the Commission on Rehabilitation Counselor Certification, effective January 1, [2010]2017, which is hereby adopted and incorporated by reference;

(b) failing to report in writing to the Division unlawful or unprofessional conduct as defined in Section 58-78-501, 58-78-502 and this Section, by a person licensed under Title 58, Chapter 78 within ten days after learning of the conduct, if the conduct:

(i)(A) results in disciplinary action taken by the licensee's employer or a professional association; or

(B) results in a significant adverse impact on the public's health, safety or welfare; and

(ii) was not known by the licensee to have already been reported to the Division; and

(c) failing to provide general supervision as defined in Subsection R156-78-102(4).

 

KEY: licensing, vocational rehabilitation counselor

Date of Enactment or Last Substantive Amendment: [January 7, 2016]2017

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)