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.


R523. Human Services, Substance Abuse and Mental Health.

Rule R523-16. Certification of Essential Treatment Examiners and Case Managers.

As in effect on October 1, 2019

Table of Contents

R523-16-1. Authority.

(1) This rule is authorized by Utah Code 62A-15-105(6) and directs The Division of Substance Abuse and Mental Health (DSAMH) to make rules approving the form and content of substance abuse treatment.

R523-16-2. Purpose.

(1) The purpose of this rule is to:

(a) immediately and effectively achieve and implement the Legislative intent achieved in the Essential Treatment and Intervention Act as set forth in Utah Code 62A-15-1201 et seq.; and

(b) provide the supporting process for essential treatment examiners to qualify and provide certification from DSAMH to the Court as required in the Act.

R523-16-3. Essential Treatment Examiners Certification.

(1) An "Essential Treatment Examiner" is:

(a) a licensed physician, preferably a psychiatrist; or

(b) a licensed mental health professional designated by DSAMH as specially qualified by experience and training who:

(i) has at least five years experience in the treatment of substance use disorders, and

(ii) holds a current Designated Examiner certification; or

(c) between June 1, 2017 and June 30, 2019, is a licensed mental health professional designated by DSAMH as specially qualified by experience and training who:

(i) has at least five years experience in the treatment of substance use disorders, and

(ii) has made application with DSAMH and is approved to be an essential treatment examiner.

(2) DSAMH shall certify that an essential treatment examiner is qualified by training and experience in the diagnosis of substance use disorders. All licensed physicians are presumed to have the qualification necessary to be an Essential Treatment Examiner; therefore, this category of professional need not make an application to DSAMH. Certification for non-licensed physicians shall require at least five years experience in the treatment of substance use disorders, and successful completion of any training provided by DSAMH for the purpose of certifying essential treatment examiners.

(a) application for certification shall be achieved by the applicant making a written request through a DSAMH approved form, to DSAMH for consideration. Upon receipt of a written application, the Director or designee shall initiate a review and examination of the applicant's qualifications.

(b) the applicant must meet the following minimum standards in order to be certified:

(i) be a licensed mental health professional, per Utah Code 58-60-405, that holds a current Designated Examiner certification; or

(ii) be a licensed mental health professional, per Utah Code 58-60-405, that has expressed an interest in becoming an essential treatment examiner by making application with DSAMH;

(iii) be a resident of the State of Utah;

(iv) demonstrate a complete and thorough understanding of substance use disorders, as determined by training and experience;

(v) exhibit a fundamental and working knowledge of the purpose and requirements of the Essential Treatment Act and role of the certified examiner as approved by the court by demonstrating a thorough understanding of the conditions, which must be met to warrant a district court to order an individual to undergo essential treatment for a substance use disorder, as determined by training, experience and written examination;

(vii) be able to demonstrate a general knowledge of the court process including commitment hearings, and be able to provide the court with a thorough and complete oral and written evaluation that addresses the standards and questions set forth in the law, as determined by experience, training and written examination;

(viii) shall attend any required training for certification as an essential treatment examiner as provided by DSAMH and pass the exam at the completion of the training with a minimum of 70% correct;

(d) DSAMH Director or designee shall determine if experience and qualifications are satisfactory to meet the required standards.

(e) DSAMH Director shall determine if there are any training requirements that may be waived due to prior experience and training and which may qualify as an exception of any of the above requirements; and

(f) upon satisfactory completion of the requirements outlined in R523-16-3(2), DSAMH Director or designee shall certify the qualifications of the applicant, make record of such certification, and issue a certificate to the applicant reflecting their status as an approved essential treatment examiner and authorizing such privileges and responsibilities as prescribed by law.

R523-16-4. Essential Treatment Examiners Fees and Compensation for Services.

(1) All fees, compensations and payments for services rendered during an essential treatment examination shall be negotiated between the petitioner and the essential treatment examiner.

KEY

essential treatment examiners, involuntary commitment, substance use

Date of Enactment or Last Substantive Amendment

December 11, 2017

Authorizing, Implemented, or Interpreted Law

62A-15-105; 62A-15-1202(1)


Additional Information

Contact

For questions regarding the content or application of rules under Title R523, please contact the promulgating agency (Human Services, Substance Abuse and Mental Health). 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.