Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R398. Health, Family Health and Preparedness, Children with Special Health Care Needs.

Rule R398-10. Autism Spectrum Disorders and Intellectual Disability Reporting.

As in effect on October 1, 2019

Table of Contents

R398-10-1. Authority and Purpose.

(1) This rule is authorized by Subsections 26-1-30(5), (6), (7), (8), (9), 53E-9-308(6)(b), 26-5-3, 26-5-4, and 26-7-4.

(2) This rule establishes reporting requirements for autism spectrum disorder (ASD) and intellectual disability and related screening and test results in individuals.

R398-10-2. Definitions.

As used in this rule:

(1) "Autism Spectrum Disorder" or "ASD" means a pervasive developmental disorder described by the American Psychiatric Association or the World Health Organization diagnostic manuals as: Autistic disorder, Atypical autism, Asperger Syndrome, Rett Syndrome, Childhood Disintegrative Disorder, or Pervasive Developmental Disorder-Not Otherwise Specified; or a special education classification for autism or other disabilities related to autism.

(2) "Intellectual Disability" means a condition marked by an intelligence quotient of less than or equal to 70 on the most recently administered psychometric test (or for infants, a clinical judgment of significantly subaverage intellectual functioning) and concurrent deficits or impairments in adaptive functioning in at least two of the following areas: communication, self-care, home living, social and interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety. This condition must have its onset before age 18 years.

(3) "Qualified professional" means a medical, clinical or educational professional in a position to observe children with developmental disabilities, including, psychologists, physicians, teachers, speech/language pathologists, occupational therapists, physical therapists, nurses, and social workers.

R398-10-3. Reporting by Diagnostic, Treatment or Educational Facilities.

Diagnostic, treatment or educational facilities which provide specialized care or individualized education programs for ASD and related disorders shall report or cause to report the following to the Department within thirty days of making an ASD diagnosis or special education classification for autism or other disabilities related to autism:

(1) patient's name;

(2) patient's date of birth;

(3) patient's address;

(4) home phone;

(5) patient's sex;

(6) mother's name;

(7) mother's date of birth;

(8) provider name;

(9) provider degree;

(10) provider specialty;

(11) provider address;

(12) provider phone number;

(13) diagnosis of autistic disorder, atypical autism, pervasive developmental disorder-not otherwise specified, Asperger's syndrome, or special education classification which makes the individual eligible to receive special education services; and

(14) date of diagnosis.

R398-10-4. ASD and Intellectual Disability Records Review.

Upon Department request, qualified professionals and diagnostic, treatment or educational facilities which provide specialized care or individualized education programs for ASD and related disorders shall allow the Department or its agents to review medical and educational records of individuals with ASD, intellectual disability, and related disorders to clarify duplicate names and to collect demographic characteristics, medical and educational histories, and assessments.

R398-10-5. Confidentiality of Reports.

All reports herein required are confidential and are not open to public inspection. The confidentiality of personal information obtained under this rule shall be maintained according to the provisions of Utah Code, Title 26, Chapter 3.

R398-10-6. Liability.

As provided in Title 26, Chapter 25, persons who report information covered by this rule may not be held liable for reporting the information to the Department of Health.

KEY

autism spectrum, intellectual disability, reporting

Date of Enactment or Last Substantive Amendment

September 24, 2018

Notice of Continuation

February 25, 2019

Authorizing, Implemented, or Interpreted Law

26-1-30(5); 26-1-30(6); 26-1-30(7); 26-1-30(8); 26-1-30(9); 53E-9-308(6)(b); 26-5-3; 26-5-4; 26-7-4


Additional Information

Contact

For questions regarding the content or application of rules under Title R398, please contact the promulgating agency (Health, Family Health and Preparedness, Children with Special Health Care Needs). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.