DAR File No. 43893

This notice was published in the August 1, 2019, issue (Vol. 2019, No. 15) of the Utah State Bulletin.


Human Services, Services for People with Disabilities

Rule R539-4

Behavior Interventions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43893
Filed: 07/15/2019 01:48:55 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:

Subsection 62A-5-102(2) states that "the division has the responsibility to plan and deliver an appropriate array of services and supports to persons with disabilities and their families within this state." Subsection 62A-5-103(2) states that the Division of Services for People with Disabilities (Division) has the authority and responsibility to: administer an array of services and supports for persons with disabilities, supervise those programs, ensure that constitutional rights are not deprived without due process, establish standards and rules for administration and operations of programs, and insure compliance. Rule R539-4 establishes standards for behavior supports, which are a vital part of being able to provide services to people with disabilities in the community instead of institutional settings. This rule is necessary to protect the people the Division serves by setting forth the supports that are appropriate, establishing criteria and standards for when those behavior supports can and should be used and in what manner, and overall providing oversight when they are used.

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

The Division has participated in a collaborative workgroup with various stakeholders to gather feedback and make changes to Rule R539-4. The input has been substantial. This is a vital rule that will be reworked significantly because of that feedback. However, the main components and purposes remain the same - to provide protection for those persons with disabilities who are receiving behavior supports. The revisions of this rule will be submitted following the conclusion of our workgroup.

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

The Division is tasked with managing community-based services waivers for people with disabilities. This would not be possible for persons with targeted behavioral issues without the ability to provide a varied range of behavior supports. This rule allows the Division to do so, while also maintaining clear rules with the purpose of safeguarding the people the Division serves. The Division also relies on this rule, as do our service providers, to dictate appropriate behavior supports and interventions for those served. Therefore, this rule should be continued.

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

Human Services
Services for People with Disabilities
195 N 1950 W 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

  • Amy Huppi at the above address, by phone at 801-538-4154, by FAX at , or by Internet E-mail at amyhuppi@utah.gov

Effective:

07/15/2019

Authorized by:

Angella Pinna, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/2019/b20190801.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.

For questions regarding the content or application of this rule, please contact Amy Huppi at the above address, by phone at 801-538-4154, by FAX at , or by Internet E-mail at amyhuppi@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.