---------------------------- Utah State Digest, Vol. 2016, No. 6 (March 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 17, 2016, 12:00 AM through March 1, 2016, 11:59 PM Volume 2016, No. 6 March 15, 2016 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for April 2016 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/sn157264.htm Mental Health Diagnostic and Rehabilitative Services - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/sn157281.htm Pharmacy Services - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/sn157296.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between February 17, 2016, 12:00 a.m., and March 1, 2016, 11:59 p.m. are summarized in this, the March 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 15, 2016, issue of the Utah State Bulletin until at least April 14, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through July 13, 2016, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40217 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-17b-102, the proposed amendments create separate definitions for "co-licensed partner" and "co- licensed product" in order to add clarification and to add "device" in the definition for "co-licensed product". A definition for "FDA-approved" is also added to this section. Also in this section, the United States Pharmacopeia (USP)/National Formulary(NF) books are updated to USP 39-NF 34, which will be effective on 05/01/2016. In Section R156-17b-615, amendments modify to exempt FDA-registered device manufacturers from obtaining a Class C pharmacy license (i.e. an entity that manufactures, produces, wholesales, or distributes drugs or devices). The proposed amendments include: 1) the term "device"; 2) products that are referred to as convenience kits, which contain certain drugs or materials with the device to ensure a health care provider has everything necessary when the device is needed for use; and 3) a reference to the federal rule under which a device manufacturer must register with the FDA. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Also, the Division will experience a revenue loss. The impact will be a loss of $200 per initial license application and $103 per biennial license renewal application not submitted. The Division is unable to estimate the number of entities that will no longer be required to submit a license application due to the proposed amendments but believes that number is small. It should also be noted that to maintain a subscription to the updated United States Pharmacopeia-National Formulary (USP-NF) books, the Division incurs a yearly cost of approximately $900. This amount is handled within the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to those entities that manufacture and distribute medical devices. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The Division does not have sufficient information about device and drug manufacturers to determine whether any particular entity employs 50 or fewer people. Because drug and device manufacturers require highly technical manufacturing practices and must comply with numerous detailed laws and regulations, the Division believes that most such entities would employ more than 50 people. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will reduce costs for medical device manufacturers and distributors by not: 1) requiring them to hire a drug specialist in all cases; 2) having to manage and administer state licensing requirements; and 3) paying licensing fees for a Class C pharmacy license in Utah. The overall savings cannot be quantified by the Division. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected persons will experience a cost savings because they will not incur administrative costs to monitor state licensing when they are already complying for strict federal oversight by the FDA. Also Section R156-17b-615 currently requires Class C pharmacies that manufacture and distribute their own devices to hire a person experienced in pharmacy or dispensing, distribution, and recordkeeping of prescription drugs. This requirement is a wasteful financial burden for a device manufacturer or wholesaler that does not store or sell prescription drugs. The overall savings cannot be quantified by the Division. It should also be noted that to maintain a subscription to the updated United States Pharmacopeia-National Formulary (USP-NF) books, licensed pharmacies would incur a yearly cost of approximately $900. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change creates an exemption so medical device manufacturers do not need to obtain a Class C pharmacy license. No fiscal impact to businesses is anticipated. This change will be cost-saving for included businesses, which will now not need to obtain a pharmacy license and monitor state compliance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/22/2016 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40217.htm No. 40218 (Amendment): R156-17b-614a. Operating Standards - General Operating Standards, Class A and B Pharmacy. SUMMARY OF THE RULE OR CHANGE: Subsections are added, renumbered, and modified to add clarification to the documentation standards that compounding pharmacies must adhere to and to become more consistent with the federal compounded preparation documentation standards. The proposed rule changes do not add new requirements. The intent of the proposed changes are to list the documentation standards in a single location to provide licensees easier access to the information. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed Class A and Class B pharmacies that are involved in compounding. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments apply only to licensed Class A and Class B pharmacies that are involved in compounding. No fiscal impact to small business is anticipated. The proposed amendments add clarification to existing practices in the industry. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments apply only to licensed Class A and Class B pharmacies that are involved in compounding. No fiscal impact to other persons is anticipated. The proposed amendments add clarification to existing practices in the industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments should have no increased compliance cost or impact for licensed Class A and Class B pharmacies that are involved in compounding. The proposed amendments add clarification to existing practices in the industry. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change clarifies documentation standards for compounding pharmacies, and makes the documentation standards more consistent with federal standards. No new requirements are added. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/22/2016 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40218.htm No. 40216 (Amendment): R156-37. Utah Controlled Substances Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-37-305(1) is added to establish that an applicant for a controlled substance license must obtain a DEA registration within 120 days of the date the controlled substance license is issued unless the applicant is described in Subsection R156-37-305(2). Subsection R156-37-305(2) is added to establish that an applicant who obtains the prior written consent of their employer to use the employer's hospital or institution DEA registration to administer and/or prescribe controlled substances is not required to obtain an individual practitioner DEA registration. Section R156-37-306 is renumbered from Section R156-37-305 due to the addition of new Section R156-37-305. Subsection R156-37-502(9) is added to include failing to obtain a DEA registration within the time frame established in Section R156-37-305 to unprofessional conduct. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensees provided in Title 58, Chapter 37. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments apply only to licensees provided in Title 58, Chapter 37. Licensees may work in a small business; however, the proposed amendments would not directly affect the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments apply only to licensees provided in Title 58, Chapter 37. It is anticipated the proposed amendments will have no increased compliance cost or impact for individuals that obtain a controlled substance license and the corresponding DEA registration. No fiscal impact to other persons is anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments apply only to licensees provided in Title 58, Chapter 37. It is anticipated the proposed amendments should have no increased compliance cost or impact for individuals that obtain a controlled substance license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change establishes a time frame within which a controlled substance license applicant must obtain a DEA registration, establishes criteria that excludes certain applicants from having to obtain a DEA registration, and adds "failing to obtain a DEA registration within the specified time period" to the definition of unprofessional conduct. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/22/2016 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40216.htm No. 40219 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55a-301(2), S370: The proposed amendment replaces "journeyman plumber" with "plumbing contractor". This corrects an error that exists in the current rule. A licensed apprentice plumber, journeyman plumber, or master plumber who is working for a licensed plumbing contractor should be able to perform this work. Subsections R156-55a-301(4)(q) and (r) are added to the rule to clarify work that can be performed by a handyman. The handyman exemption could be interpreted to mean that all handyman work must be related to a building. The proposed amendments clarify that comparable work outside of the building can be performed by a handyman. In Sections R156-55a-302d and R156-55a-501, the proposed amendments in these sections clarify the liability insurance carried by a contractor must include coverage for the scope of work that the contractor performs and clarifies when a contractor must provide proof of liability insurance to the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed contractors, applicants for licensure in the contractor classifications, and persons or companies that hold a handyman exemption registration. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The change in insurance requirements may result in some increased cost of insurance if the contractor did not have liability insurance coverage for the scope of work that they perform. It is impossible for the Division and Commission to determine the amount of cost that may be incurred in those cases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The change in insurance requirements may result in some increased cost of insurance if the contractor did not have liability insurance coverage for the scope of work that they perform. It is impossible for the Division and Commission to determine the amount of cost that may be incurred in those cases. COMPLIANCE COSTS FOR AFFECTED PERSONS: The change in insurance requirements may result in some increased cost of insurance if the contractor did not have liability insurance coverage for the scope of work that they perform. It is impossible for the Division and Commission to determine the amount of cost that may be incurred in those cases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change corrects an error in the rule, which referred to a journeyman plumber that should have referred to a plumbing contractor, clarifies work that a handyman can perform, and clarifies insurance requirements for contractors. Contractors may be fiscally impacted if they did not have liability insurance coverage for the scope of the work that they perform. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/30/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40219.htm NATURAL RESOURCES PARKS AND RECREATION No. 40213 (Amendment): R651-412. Curriculum Standards for OHV Education Programs Offered by Non-Division Entities. SUMMARY OF THE RULE OR CHANGE: The Off-Highway Vehicle (OHV) program is to adopt and pursue an OHV safety education program according to Section 41-22- 1. Any outside provider that submits OHV education materials is required to meet minimum curriculum requirements as identified in Section R651-412-4. The approval of these outside providers shall rest upon the OHV program. In 2011, the OHV Education Specialist Position was eliminated because outside providers demonstrated an ability to meet OHV education standards, and OHV program staffing levels absorbed the daily operations of the OHV education program. Since this situation occurred, the OHV program coordinator has been approving such outside provider proposed course materials. This amendment replaces "OHV Education Specialist" with "Division". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated savings or anticipated costs associated with this change as Division staff are currently performing the duty of approving private provider courses. The change was wording only. - LOCAL GOVERNMENTS: There is no anticipated savings or anticipated costs to local governments as this rule does not affect local governments as it is directed towards Division OHV education course approvals. - SMALL BUSINESSES: This rule would not affect small businesses as it streamlines the approval process by the Division. It may reduce the private providers (small businesses) wait time for course approval. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated savings or anticipated costs towards other people, customers or visitors as the rule change is a language and wording change only. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this is a wording change only. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40213.htm No. 40215 (Amendment): R651-637. Antelope Island State Park Special Mule Deer and Bighorn Sheep Hunt. SUMMARY OF THE RULE OR CHANGE: The Utah Legislature instructed the Division of Parks and Recreation to offer hunting of mule deer and big horn sheep on Antelope Island State Park in 2011. These hunts have been offered annually each November in cooperation with the Division of Wildlife Resources. Each year, the Division of Park and Recreation board was asked to approve how many mule deer and big horn sheep would be harvested and the dates when the hunts would occur. It was brought to our attention that the way this was being handled was not in compliance with state law. The change brings the Division of Parks and Recreation into compliance with state law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated savings or anticipated costs associated with this change. The changes only formalized a process the agency has been doing for years in cooperation with Division of Wildlife Resources. - LOCAL GOVERNMENTS: There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation. - SMALL BUSINESSES: There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40215.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40241 (Amendment): R986-200-240. Additional Payments Available Under Certain Circumstances. SUMMARY OF THE RULE OR CHANGE: The Department encourages clients in the Family Employment Plan to participate in enhanced activities to help clients return to gainful employment. The Department helps defray the additional costs for these enhanced activities. Previously only three activities were recognized but the Department has learned other activities can help speed the return to the job market. Making the list of approved activities available in policy will allow the Department to meet the changing needs of the job market and our clients. The Department previously offered $60 to defray the costs but some activities are more expensive and some less. Again, by listing the enhanced payment amount in policy instead of rule, it allows the Department to set an amount that meets the actual costs incurred for participation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to federally-funded programs so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40241.htm 3. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD ADMINISTRATION No. 40234 (5-year Review): R51-3. Government Records Access and Management Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides the department's procedures for the handling of requests for administrative records. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Stephen Ogilvie by phone at 801-538-7110, by FAX at 801-538-7126, or by Internet E-mail at stephenogilvie@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40234.htm No. 40235 (5-year Review): R51-4. ADA Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines the complaint procedures to provide for prompt and equitable resolution of complaints filed in accordance with the Americans with Disabilities Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Stephen Ogilvie by phone at 801-538-7110, by FAX at 801-538-7126, or by Internet E-mail at stephenogilvie@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40235.htm MARKETING AND DEVELOPMENT No. 40233 (5-year Review): R65-8. Management of the Junior Livestock Show Appropriation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule governs the livestock shows in the State of Utah. The rule is necessary to make sure the funds appropriated by the legislature for the Junior Livestock Show are equitably distributed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Wayne Bradshaw by phone at 801-538-7108, or by Internet E-mail at waynebradshaw@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40233.htm PLANT INDUSTRY No. 40232 (5-year Review): R68-7. Utah Pesticide Control Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to ensure that proper training is being given to pesticide applicators, that proper application methods are followed in order to prevent public harm. Further, it limits high-risk pesticides from being used, or limits the use of these high-risk chemicals to those who have received proper training for the proper purposes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Clark Burgess by phone at 801-538-7188, by FAX at 801-538-7189, or by Internet E-mail at cburgess@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40232.htm FAIR CORPORATION (UTAH STATE) ADMINISTRATION No. 40220 (5-year Review): R325-1. Utah State Fair Competitive Exhibitor Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Fair has over 6,800 competitive exhibitors each year and must have some enforceable basic guidelines for equitable competition. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Duncombe by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at judy@utahstatefair.com EFFECTIVE: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40220.htm No. 40221 (5-year Review): R325-2. Utah State Fair Commercial Exhibitor Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Fair leases exhibit space to approximately 400 commercial exhibitors each year and must have some enforceable basic rules that govern equitable exhibiting. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Duncombe by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at judy@utahstatefair.com EFFECTIVE: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40221.htm No. 40222 (5-year Review): R325-3. Utah State Fair Patron Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Approximately 250,000 to 300,000 patrons come to the Fair annually so there is a need for enforceable basic rules of attendance. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Duncombe by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at judy@utahstatefair.com EFFECTIVE: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40222.htm No. 40223 (5-year Review): R325-4. Interim Patrons Rules (Other Than Utah State Fair). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are over 120 different events, other than the State Fair, held at the Fairpark each year. Attendance by the general public at these events requires enforceable basic rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Duncombe by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at judy@utahstatefair.com EFFECTIVE: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40223.htm No. 40224 (5-year Review): R325-5. Interim Renters Rules (Other Than Utah State Fair). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are over 120 different events, other that Utah State Fair, held at the Fairpark each year. Renting of the facilites by groups and individuals requires enforceable basic rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Duncombe by phone at 801-538-8445, by FAX at 801-538-8455, or by Internet E-mail at judy@utahstatefair.com EFFECTIVE: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40224.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 40240 (5-year Review): R434-50. Assistance for People with Bleeding Disorders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule was created to assist in the awarding of grants for assistance to persons with bleeding disorders in accordance with Section 26-47-103. The funding for these grants has received continued appropriation of funds, creating a continued need for Rule R434-50. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Don Wood by phone at 801-273-6654, by FAX at 801-273-4165, or by Internet E-mail at donwood@utah.gov EFFECTIVE: 03/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40240.htm INSURANCE ADMINISTRATION No. 40236 (5-year Review): R590-144. Commercial Aviation Insurance Exemption from Rate and Form Filings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Because of the unique nature of commercial aviation risks, aviation insurance premiums rely on individual risk analysis, underwriting judgment, and the negotiation of a sophisticated business transaction between the insurer and an informed insured. These types of risks also require individually tailored manuscript-type policies. Because of the uniqueness of each risk, it is not reasonable to set general rates and forms for them. For this reason, it is important that this rule continue in force, exempting commercial aviation insurance from the requirement to file policy rates and forms with the department. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40236.htm No. 40237 (5-year Review): R590-177. Life Insurance Illustrations Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides consumer protection by stating the requirements and restrictions on the values that can be shown in the projections contained in life insurance illustrations. Unregulated illustrations have been found to provide values that are unrealistic and could entice a consumer into purchasing a product that will never perform as the company has illustrated. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40237.htm No. 40238 (5-year Review): R590-200. Diabetes Treatment and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule goes into detail regarding the minimum standards that must be covered under health care insurance. It includes diabetes education, training, supplies, and prescriptions necessary for a person to manage their diabetes. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40238.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 40227 (5-year Review): R628-12. Certification of Qualified Depositories for Public Funds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statute requires that there be rules in place to govern deposits of Utah public funds in Utah financial institutions. This rule needs to be continued to provide criteria for financial institutions to become qualified to hold Utah public funds. If this rule were not in place, public entities would not be able to use financial institutions to deposit funds. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 02/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40227.htm No. 40228 (5-year Review): R628-13. Collateralization of Public Funds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule needs to be continued to allow the Council to receive collateral, so that public funds are covered and protected from possible loss in the event that a qualified depository's uninsured public funds held allotment is reduced, or there are financial issues with a qualified depository. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 02/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40228.htm No. 40229 (5-year Review): R628-16. Certification as a Dealer. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule needs to be in place to allow any public treasurer in the state that may want to purchase allowable securities to have access to certified dealers that have met minimum requirements to work with public treasurers and have signed that they have read the Utah Money Management Act (Title 51, Chapter 7) and agree to abide by it. Without this rule to provide these minimum requirements, public treasurers would not be able to purchase allowable securities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 02/26/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40229.htm NATURAL RESOURCES GEOLOGICAL SURVEY No. 40214 (5-year Review): R638-1. Acceptance and Maintenance of Confidential Information. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As requested by the director, the UGS will continue this rule, as the agency continues to acquire confidential information (for example, from private energy exploration companies) that is useful to investigations performed by the UGS; however, the information sources require the UGS to keep this information confidential. Discontinuation of this rule would not allow the UGS to collect and maintain these data for the benefit of the State of Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Bowman by phone at 801-537-3304, or by Internet E-mail at stevebowman@utah.gov EFFECTIVE: 02/17/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40214.htm WILDLIFE RESOURCES No. 40231 (5-year Review): R657-63. Self Defense Against Wild Animals. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to define conditions and circumstances under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 02/29/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160315/40231.htm 4. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 40042 (AMD): R25-7-10.Reimbursement for Transportation Published: 01/15/2016 Effective: 02/23/2016 PURCHASING AND GENERAL SERVICES No. 40048 (AMD): R33-6-114.Technology Acquisitions for Executive Branch Procurement Units Published: 01/15/2016 Effective: 02/23/2016 No. 40047 (AMD): R33-12-502.Technology Modifications Published: 01/15/2016 Effective: 02/23/2016 COMMERCE REAL ESTATE No. 40041 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 01/15/2016 Effective: 02/23/2016 ENVIRONMENTAL QUALITY WATER QUALITY No. 39981 (AMD): R317-1-3.Requirements for Waste Discharges Published: 01/01/2016 Effective: 02/25/2016 HEALTH CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 39817 (AMD): R436-13.Disclosure of Records Published: 11/01/2015 Effective: 02/17/2016 INSURANCE ADMINISTRATION No. 39998 (AMD): R590-164-6.Electronic Data Interchange Transactions Published: 01/15/2016 Effective: 02/23/2016 NAVAJO TRUST FUND TRUSTEES No. 40019 (NEW): R661-1.Utah Navajo Trust Fund Scope Published: 01/15/2016 Effective: 02/29/2016 No. 40020 (NEW): R661-2.Utah Navajo Trust Fund Definitions Published: 01/15/2016 Effective: 02/29/2016 No. 40021 (NEW): R661-3.Utah Navajo Trust Fund Residency Policy Published: 01/15/2016 Effective: 02/29/2016 No. 40022 (NEW): R661-4.Utah Navajo Trust Fund Chapter Projects Published: 01/15/2016 Effective: 02/29/2016 No. 40023 (NEW): R661-5.Utah Navajo Trust Fund Blue Mountain Dine' Community Published: 01/15/2016 Effective: 02/29/2016 No. 40024 (NEW): R661-6.Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program Published: 01/15/2016 Effective: 02/29/2016 No. 40025 (NEW): R661-7.Utah Navajo Trust Fund Housing Projects Policy Published: 01/15/2016 Effective: 02/29/2016 No. 40026 (NEW): R661-8.Utah Navajo Trust Fund Power Lines and House Wiring Program Published: 01/15/2016 Effective: 02/29/2016 PUBLIC SAFETY ADMINISTRATION No. 40001 (NEW): R698-8.Local Public Safety and Firefighter Surviving Spouse Trust Fund Published: 01/15/2016 Effective: 02/24/2016 TECHNOLOGY SERVICES ADMINISTRATION No. 40030 (AMD): R895-5.Acquisition of Information Technology Published: 01/15/2016 Effective: 02/23/2016 TRANSPORTATION PRECONSTRUCTION No. 39988 (AMD): R930-7.Utility Accommodation Published: 01/01/2016 Effective: 02/23/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 39944 (AMD): R986-200.Family Employment Program Published: 12/01/2015 Effective: 02/24/2016 UNEMPLOYMENT INSURANCE No. 40045 (AMD): R994-205-106.Exempt Real Estate Sales Published: 01/15/2016 Effective: 02/24/2016 5. RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <> ----------------------------