---------------------------- Utah State Digest, Vol. 2016, No. 21 (November 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 1, 2016, 12:00 AM through October 14, 2016, 11:59 PM Volume 2016, No. 21 November 1, 2016 Prepared by Office 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 Office 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: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. 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. ************************************************ Office 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. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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 October 1, 2016, 12:00 a.m., and October 14, 2016, 11:59 p.m. are summarized in this, the November 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 1, 2016, issue of the Utah State Bulletin until at least December 1, 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 March 1, 2017, the agency may notify the Office 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 Office 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. 40863 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-17b-502 establishes that failing to report as required in Section R156-17b-625 is unprofessional conduct. The new Section R156-17b-625 defines the requirements for dispensing an opiate antagonist, which include information that must be maintained and reported to the Division and physicians. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This filing should have no impact to the state budget beyond a minimal cost of $75 to reprint and distribute the rule once proposed amendments may become effective. The Division also anticipates no additional costs should be incurred by the Division to receive the required reports. - LOCAL GOVERNMENTS: Local governments are unlikely to be impacted by this rule unless a local health department chooses to participate in issuing a standing order for an opiate antagonist through its medical director. Even then, the decision is optional by the local government. - SMALL BUSINESSES: Physicians and pharmacists are not required to participate in the issuing of a standing order or the dispensing of an opiate antagonist. This rule creates no fiscal impact beyond those identified in the passage of H.B. 240 (2016). Those who benefit from the lifesaving, overdose-reversing efforts of someone who previously could not obtain an opiate antagonist will receive the benefits of prolonged life. These costs or benefits are impossible to quantify. Pharmacies are not required to collect any information that they do not already collect. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Physicians and pharmacists are not required to participate in the issuing of a standing order or the dispensing of an opiate antagonist. This rule creates no fiscal impact beyond those identified in the passage of H.B. 240 (2016). Those who benefit from the lifesaving, overdose-reversing efforts of someone who previously could not obtain an opiate antagonist will receive the benefits of prolonged life. These costs or benefits are impossible to quantify. COMPLIANCE COSTS FOR AFFECTED PERSONS: Physicians and pharmacists are not required to participate in the issuing of a standing order or the dispensing of an opiate antagonist. This rule creates no fiscal impact beyond those identified in the passage of H.B. 240 (2016). Those who benefit from the lifesaving, overdose-reversing efforts of someone who previously could not obtain an opiate antagonist will receive the benefits of prolonged life. These costs or benefits are impossible to quantify. Pharmacies are not required to collect any information that they do not already collect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Pharmacies are required by the newly adopted H.B. 240 (2016) to provide a report to any physician who issues a standing prescription drug order of an opiate antagonist and to the Division of Occupational and Professional Licensing. This rule implements the statutory provision. Pharmacies are not required to collect any information that they do not already collect. They merely need to format information regarding dispensed opiate antagonists into the required report. The report to the Division and to the physician contain the same information. The rule creates no fiscal impact beyond those identified in H.B. 240 (2016) as being the consequence of the statute itself. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 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: - 11/17/2016 11:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 403 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40863.htm No. 40864 (Amendment): R156-67. Utah Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-67-502(16) is added to establish that failing to submit an annual report as required in Section R156-67-604 is unprofessional conduct. New Section R156-67-604 is enacted because newly enacted Subsection 26-55-105(2)(c) requires physicians to review at least annually the dispensing practices of those the physician has authorized to dispense an opiate antagonist pursuant to a standing order. This new section requires the physician to submit an annual written report to the Division to indicate that the physician has done so. 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. - LOCAL GOVERNMENTS: The proposed amendments only apply to licensed physicians and surgeons who choose to issue a standing order for dispensing an opiate antagonist. If a local government employs a physician or surgeon who issues a standing order for dispensing an opiate antagonist, then these reporting requirements may translate into a loss of employee services and loss of income relative to the time required for the physician or surgeon to review and report the required information. However, whether or not a physician or surgeon is employed by a local government, a standing order may result in saving the life of one or more residents within the local government's jurisdiction, which may translate into cost savings and enhanced health services to the community impacted by the opioid overdose crisis. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. - SMALL BUSINESSES: Physicians and surgeons who own or operate a small business, and who choose to issue a standing order for dispensing an opiate antagonist, will be impacted by using some of their time to comply with these reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. The Division is not able to determine any exact amount of costs due to varying circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Physicians and surgeons who issue standing orders for dispensing opiate antagonists will be impacted by using some of their time to comply with these review and reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. One or more persons may have their lives saved due to the overdose-reversing effects of prescriptions issued pursuant to these standing orders. This may translate into a cost savings for those persons as well as for their friends and family. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: Physicians or surgeons who choose to issue a standing order for dispensing an opiate antagonist will be impacted by using some of their time to comply with these review and reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Physicians who own or operate a small business and who choose to issue a standing order for dispensing an opiate antagonist will be impacted by using some of their time to comply with these report requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. These costs may vary depending on the number of persons the physician has authorized to dispense the opiate antagonist. Because the report is only made annually, the anticipated cost is negligible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/17/2016 11:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 403 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40864.htm No. 40865 (Amendment): R156-68. Utah Osteopathic Medical Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-68-502(16) is added to establish that failing to submit an annual report as required in Section R156-68-604 is unprofessional conduct. The new Section R156-68-604 is added because newly enacted Subsection 26-55-105(2)(c) requires physicians to review at least annually the dispensing practices of those the physician has authorized to dispense an opiate antagonist pursuant to a standing order. This new section requires the osteopathic physician and surgeon to submit an annual written report to the Division to indicate that the osteopathic physician and surgeon has done so. 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. - LOCAL GOVERNMENTS: The proposed amendments only apply to licensed osteopathic physicians and surgeons who choose to issue a standing order for dispensing an opiate antagonist. If a local government employs an osteopathic physician and surgeon who issues a standing order for dispensing an opiate antagonist, then these reporting requirements may translate into a loss of employee services and loss of income relative to the time required for the osteopathic physician and surgeon to review and report the required information. However, whether or not an osteopathic physician and surgeon is employed by a local government, a standing order may result in saving the life of one or more residents within the local government's jurisdiction, which may translate into cost savings and enhanced health services to the community impacted by the opioid overdose crisis. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. - SMALL BUSINESSES: Osteopathic physicians and surgeons who own or operate a small business and who choose to issue a standing order for dispensing an opiate antagonist will be impacted by using some of their time to comply with these reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. The Division is not able to determine any exact amount of costs due to varying circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Osteopathic physicians and surgeons who issue standing orders for dispensing opiate antagonists will be impacted by using some of their time to comply with these review and reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. One or more persons may have their lives saved due to the overdose-reversing effects of prescriptions issued pursuant to these standing orders. This may translate into a cost savings for those persons as well as for their friends and family. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: Osteopathic physicians and surgeons who choose to issue a standing order for dispensing an opiate antagonist will be impacted by using some of their time to comply with these review and reporting requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Osteopathic physicians and surgeons who own or operate a small business and who choose to issue a standing order for dispensing an opiate antagonist will be impacted by using some of their time to comply with these report requirements. This may translate into a loss of income relative to the time required for reviewing and reporting. These costs may vary depending on the number of persons the osteopathic physician and surgeon has authorized to dispense the opiate antagonist. Because the report is only made annually, the anticipated cost is negligible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/17/2016 11:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 403 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40865.htm REAL ESTATE No. 40856 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: In Section R162-2f-206c, the continuing education topic of fair housing is changed from an elective topic to a core topic. In Section R162-2f-501 in Appendix 2, the property management experience table is amended to clarify the experience value for representation of a client under a property management agreement and by providing experience points for residential and commercial properties with fewer than five units. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The division has the staff and budget in place to administer this proposed amendment. It is not expected that the proposed amendment will affect those resources or result in any cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the real estate licensing and practices rules. No fiscal impact to local government is expected from the proposed amendment. - SMALL BUSINESSES: The proposed amendment does not create new obligations for small business nor does it increase the cost associated with any existing obligation. No fiscal impact to small business is expected from the proposed amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. No fiscal impact to persons other than small businesses, businesses, or local government entities is expected from the proposed amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment does not create new obligations for affected persons. No fiscal impact to affected persons is expected from the proposed amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment to Section R162-2f-206c merely changes fair housing from a continuing education elective topic to a core topic. No fiscal impact to business is anticipated. The amendment to Section R162-2f- 501 permits the accumulation of experience points for additional real estate activities not previously recognized. No fiscal impact to business is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40856.htm EDUCATION ADMINISTRATION No. 40884 (New Rule): R277-409. Public School Membership in Associations. SUMMARY OF THE RULE OR CHANGE: This new rule provides definitions and membership restrictions for Utah public schools if an association adopts rules or policies that are inconsistent with this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-409 provides membership restrictions affecting Utah public schools, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-409 provides restrictions that may affect Utah public schools from becoming members of an association, but will likely not result in a cost or savings to local government. - SMALL BUSINESSES: There may be some costs for implementation of an association's rules, policies, or bylaws as a result of this rule. Costs are speculative and would likely be absorbed within an association's budget. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-409 provides restrictions that may affect Utah public school students from participating in activities associated with membership in an association but will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be some compliance costs for implementation of an association's rules, policies, or bylaws as a result of this rule. Compliance costs are speculative and would likely be absorbed within an association's budget. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be minimal fiscal impact on businesses resulting from enactment of this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40884.htm No. 40885 (Amendment): R277-438. Dual Enrollment. SUMMARY OF THE RULE OR CHANGE: The proposed amendments provide language to clarify the definition of co-curricular programs, as well as to clarify participation requirements for dual enrollment students. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40885.htm No. 40886 (Amendment): R277-511. Academic Pathway to Teaching (APT) Level 1 License. SUMMARY OF THE RULE OR CHANGE: The amendments require an APT level 1 license holder to complete all the required mentoring years with the same local education agency (LEA) before the LEA may recommend the license holder qualify for a level 2 license, change the definition of "master teacher", and require an LEA that hires an APT level 1 educator to prepare a comprehensive mentoring plan for each APT level 1 educator. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-511 provide language that clarifies LEA requirements when employing a level 1 license holder, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-511 provide language that clarifies LEA requirements when employing a level 1 license holder, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-511 provide language that clarifies LEA requirements when employing a level 1 license holder, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-511 provide language that clarifies LEA requirements when employing a level 1 license holder, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-511 provide language that clarifies LEA requirements when employing a level 1 license holder, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40886.htm No. 40887 (Amendment): R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-604 provide technical and conforming changes necessary, so the rule is in compliance with the Rulewriting Manual for Utah. The amendments also remove unnecessary or outdated language and terms. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40887.htm No. 40888 (Amendment): R277-605. Coaching Standards and Athletic Clinics. SUMMARY OF THE RULE OR CHANGE: Provisions that require public schools and coaches to comply with certain interscholastic association bylaws, rules, and policies are removed from Rule R277-605; technical and conforming changes are made within the rule, consistent with the Rulewriting Manual for Utah; and unnecessary language is eliminated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-605 eliminate certain provisions and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-605 eliminate certain provisions and provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-605 eliminate certain provisions and provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-605 eliminate certain provisions and provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-605 eliminate certain provisions and provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40888.htm No. 40889 (Amendment): R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions. SUMMARY OF THE RULE OR CHANGE: The amended rule provides language for a training plan for administrators and resource officers who provide services to a public school; incorporates additional language into the rule relating to physical restraint and seclusionary time out; and provides technical and conforming changes as necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40889.htm No. 40890 (Amendment): R277-726. Statewide Online Education Program. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule enable any student who is enrolled in grades 6 through 12 to enroll in the Statewide Online Education Program to earn high school credit. The Americans with Disabilities Act citation is changed to Section 504 of the Rehabilitation Act of 1973. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide Statewide Online Education Program opportunities to additional public school students and correct a citation, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide Statewide Online Education Program opportunities to additional public school students and correct a citation, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide Statewide Online Education Program opportunities to additional public school students and correct a citation, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule provide Statewide Online Education Program opportunities to additional public school students and correct a citation, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule provide Statewide Online Education Program opportunities to additional public school students and correct a citation, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40890.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40879 (Amendment): R315-15-13. Registration and Permitting of Used Oil Handlers. SUMMARY OF THE RULE OR CHANGE: This filing modifies Subsection R315-15- 13.4(f)(1)(i) to change the reference to the NAICS code from the 2007 to the 2017 revision, and add the code for utilities, 22, to the list of facilities types that can transport their own used oil in quantities larger than 55 gallons. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change will not affect on the administration of the used oil program, and therefore, will have no cost or savings to the state. - LOCAL GOVERNMENTS: Local governments are not affected by the change and would see no increased costs nor will any savings result from the change. - SMALL BUSINESSES: No small businesses are covered by the NAICS code being added; therefore, no costs or savings will result for the change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Any utility that generates over 55 gallons of used oil will save the cost of paying a transporter to collect the used oil. The savings is between $0.30 and $0.90 per gallon. The aggregate savings is unknown as the amount of used oil that will be transported by utilities under the rule change is not known. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule change will decrease compliance costs. The cost decrease is unknown. The per gallon decrease could range between $0.30 and $0.90. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule change will allow utilities in Utah to transport their own used oil, allowing them to save the cost of hiring a used oil transporter to collect and transport the used oil to a used oil recycler. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40879.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40870 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the Utah Medicaid State Plan and approved State Plan Amendments (SPAs) to 10/01/2016. Specifically, the Department incorporates by reference the following SPAs: SPA 16-0007-UT Non-Routine Services, QI Incentive, and Other Clarifications, which updates hyperbaric oxygen therapy as a non-routine service and removes certain education requirements for the Quality Improvement Incentive Program. It also incorporates by reference SPA 16- 0011-UT Reimbursement for Home Health Services, which updates the effective date of rates for home health services to 07/01/2016; SPA 16-0012-UT Reimbursement for Physician and Anesthesia Services, which updates the effective date of rates for physician and anesthesia services to 07/01/2016; SPA 16-0013-UT Reimbursement for Optometry Services, which updates the effective date of rates for optometry services to 07/01/2016; SPA 16-0014-UT Reimbursement for Speech Pathology Services, which updates the effective date of rates for speech pathology services to 07/01/2016; SPA 16-0015 Reimbursement for Audiology Services, which updates the effective date of rates for audiology services to 07/01/2016; SPA 16-0016-UT Reimbursement for Chiropractic Services, which updates the effective date of rates for chiropractic services to 07/01/2016; SPA 16-0017-UT Reimbursement for Eyeglasses Services, which updates the effective date of rates for eyeglasses services to 07/01/2016; SPA 16-0018-UT Reimbursement for Clinic Services, which updates the effective date of rates for clinic services to 07/01/2016; SPA 16-0019-UT Reimbursement for Physical Therapy and Occupational Therapy, which updates the effective date of rates for physical and occupational therapy to 07/01/2016; SPA 16-0020-UT Reimbursement for Rehabilitative Mental Health Services, which updates the effective date of rates for rehabilitative mental health services to 07/01/2016; SPA 16-0021-UT Reimbursement for Transportation Services, which updates the effective date of rates for transportation services to 07/01/2016; SPA 16-0022-UT Outpatient Hospital Supplemental Payments, which updates the trend for the outpatient hospital upper payment limit to 4.1% for State Fiscal Year 2017; SPA 16-0023-UT Payment for Dialysis Services, which updates the effective date of rates for dialysis services to 04/01/2016; SPA 16-0024-UT Pediatric Dental Fee, which provides a fee-for-service supplemental payment to pediatric dental providers in accordance with legislative appropriations for pediatric dental services; and SPA 16-0026-UT Citizenship and Non-Citizen Eligibility, which implements the state's option to provide Medicaid coverage to individuals who are under 19 years of age, are otherwise eligible, and are lawfully residing in the United States. This option also waives the five-year bar for these individuals. This proposed rule also incorporates by reference the following Medicaid provider manuals: Medical Supplies and Durable Medical Equipment Utah Medicaid Provider Manual and the manual's attachment for Donor Human Milk Request Form, effective 10/01/2016; Hospital Services Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Home Health Agencies Utah Medicaid Provider Manual and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 10/01/2016; the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 10/01/2016; the Hospice Care Utah Medicaid Provider Manual and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 10/01/2016; the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 10/01/2016; the Personal Care Utah Medicaid Provider Manual and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 10/01/2016; the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 10/01/2016; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 10/01/2016; the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 10/01/2016; the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 10/01/2016; the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 10/01/2016; the Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 10/01/2016; the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 10/01/2016; the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Coverage and Reimbursement Code Look-up Tool, effective 10/01/2016; the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Chiropractic Medicine Utah Medicaid Provider Manual, effective 10/01/2016; the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 10/01/2016; the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 10/01/2016; the Indian Health Utah Medicaid Provider Manual, effective 10/01/2016; the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Medical Transportation Utah Medicaid Provider Manual, effective 10/01/2016; the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with attachment, effective 10/01/2016; the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 10/01/2016; the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 10/01/2016; the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Podiatric Services Utah Medicaid Provider Manual, effective 10/01/2016; the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 10/01/2016; the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 10/01/2016; the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 10/01/2016; the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 10/01/2016; Section I: General Information Utah Medicaid Provider Manual, effective 10/01/2016; the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 10/01/2016; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 10/01/2016; Vision Care Services Utah Medicaid Provider Manual, effective 10/01/2016; Women's Services Utah Medicaid Provider Manual, effective 10/01/2016; Medically Complex Children’s Waiver Utah Medicaid Provider Manual, effective 10/01/2016; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual, effective 10/01/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and Look-up Tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all changes are already in the State Plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40870.htm CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40851 (Amendment): R428-2. Health Data Authority Standards for Health Data. SUMMARY OF THE RULE OR CHANGE: This change adds a definition required in statute, adjusts effective dates, and clarifies policy for releasing identified data. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment clarifies policy for release of identified data. The Utah Department of Health (UDOH) determines enactment of the amended version will not create any cost or savings impact to the state budget or UDOH's budget since the change will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule; nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: None--Small businesses are not impacted by this rule change with all potentially impacted having more than 50 employees. As a result, the rule will have no affect on small business budgets for costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical changes will not create any cost or savings to businesses, individuals, local governments, or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are being made to align with existing business practice; therefore, no compliance costs are expected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment clarifies policy for releasing data, to the extent allowed by statute, to third parties who create analytics tools for data users. There is no fiscal impact on business because the change will align the rule with current business practices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mike Martin by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at mikemartin@utah.gov - Norman Thurston by phone at 801-538-7052, by FAX at 801-237-0787, or by Internet E-mail at nthurston@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40851.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 40868 (Repeal): R438-10. Rules for Establishment of a Procedure to Examine the Blood of All Adult Pedestrians and All Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom. SUMMARY OF THE RULE OR CHANGE: This rule establishes a procedure for collecting blood alcohol information for motor vehicle accidents. We are asking for this rule to be repealed since it is outdated, and there are other mechanisms in place to fulfill the statute regarding data collection. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal. - LOCAL GOVERNMENTS: None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal. - SMALL BUSINESSES: None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is being repealed because it is outdated and there are other mechanisms in place to fulfill the statute regarding data collection. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40868.htm INSURANCE ADMINISTRATION No. 40891 (Amendment): R590-262. Health Data Authority Health Insurance Claims Reporting. SUMMARY OF THE RULE OR CHANGE: Prior to the Supreme Court's decision in Gobeille v. Liberty Mutual Ins. Co. issued this last March, insurers and third-party administrators were required to submit healthcare claim data for all fully insured and employer self-funded plans to Utah's APCD. After the Court's decision, Utah's rule was revised to remove the mandatory reporting requirements for the employer self-funded plans, see Subsection R590-262- 2(3)(c). To be able to continue to collect self-funded employer data, the proposed rule changes require an insurer and third-party administrator to provide an employer of a self-funded health plan a form that allows an employer to instruct the plan administrator to continue to submit data to the APCD. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the proposed amendments apply to health insurers and third-party administrators, the changes to this rule do not have an anticipated cost or savings to the state budget. - LOCAL GOVERNMENTS: Because the proposed amendments only apply to health insurers and third-party administrators, there is no cost impact to local governments. - SMALL BUSINESSES: The proposed amendments apply to health insurers and third-party administrators, and some third-party administrators may be a small business. The impact will be minimal. The rule changes require a health insurer or third-party administrator to provide a document to a self- funded employer client. If the client chooses to submit their data to the APCD, the health insurer, or third-party administrator would then be required to submit the data. The applicable data is currently being submitted for all fully insured commercial health insurance. It was also being submitted for self-funded employer plans up until March 2016 when the Supreme Court decided such entities were not required to provide the data. However, the decision did not bar an employer from voluntarily providing such data to the APCD. This rule sets forth a process for self-funded employers to voluntarily provide data. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments apply to health insurers and third-party administrators. The impact will be minimal. The rule changes require a health insurer or third-party administrator to provide a document to a self- funded employer client. If the client chooses to submit their data to the APCD, the health insurer, or third-party administrator would then be required to submit the data. The applicable data is currently being submitted for all fully insured commercial health insurance. It was also being submitted for self-funded employer plans up until May 2016 when the Supreme Court decided such entities were not required to provide the data. However, the decision did not bar an employer from voluntarily providing such data to the APCD. This rule sets forth a process for self-funded employers to voluntarily provide data. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should only be minimal costs due to the requirement to provide a client a single-page opt-in form for an affirmative election. There should not be any additional compliance costs for the submission of data because the information had been required to be submitted until March 2016. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs or savings to any businesses. Other than providing a client an opt-in form, the updates are already an industry standard, so the requirements are already in force with affected entities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/09/2016 01:00 PM, State Office Bldg, 450 N State St., Room 3112, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40891.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 40867 (Amendment): R657-13. Taking Fish and Crayfish. SUMMARY OF THE RULE OR CHANGE: This rule revision: 1) allows for the use of corn as bait on specified water bodies; 2) adds Big Sand Wash and Red Fleet Reservoirs to the list of water bodies where dead yellow perch may be used as bait; and 3) allows dead burbot from Flaming Gorge Reservoir to be used as bait only in Flaming Gorge Reservoir. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment allows Utah anglers additional options for bait on specified waters. DWR determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since this amendment only adds opportunity to anglers, this should have little to no effect on the local government. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment provides additional opportunity to anglers; therefore, this rule does not impose any additional financial requirements on small businesses or generate a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment provides additional opportunity to anglers; therefore, this rule does not impose any additional financial requirements on persons nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that these amendments do not create a cost or savings impact to individuals who participate in fishing in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40867.htm REGENTS (BOARD OF) ADMINISTRATION No. 40862 (Amendment): R765-609. Regents' Scholarship. SUMMARY OF THE RULE OR CHANGE: Several definitions are updated to current terminology; new definitions are included for the appeals process including the standards for overturning decisions and allowing for late appeals; wording in the base scholarship eligibility is clarified, as well as wording in the application procedures. The rule is reorganized for clarity with some sections being moved to other sections and combined. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change has no impact on the costs of administration. The changes are organizational and procedural only and do not require additional appropriations nor do the changes result an any perceivable cost savings. There is the possibility that students who have been denied the scholarship may be awarded the scholarship based on their appeal, but that is a case by case basis and does not impact the annual appropriation from the legislature. - LOCAL GOVERNMENTS: This rule impacts students who apply for the Regents' Scholarship and results in scholarship funding being awarded to students who may use it at one of the state's public institutions of higher education or any of its local, non-profit institutions (i.e., BYU and Westminster). Local government is neither involved in the program nor does it benefit from the program. - SMALL BUSINESSES: There are no small businesses in Utah that are eligible institutions of higher education for which students may use the scholarship. These amendments, therefore, do not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Although these changes address the scholarship program that may be used at non-profit, private institutions of higher education (namely BYU and Westminster), the changes do not have any budgetary impact; they do not impact the amount of the scholarship nor do they change who may qualify for the scholarship. The changes are procedural and organizational and provide clarity and fairness to the application and appeals process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected individuals. Students who are applying for the scholarship will have the same compliance costs as prior to the changes. The only impact will be the process for filing an appeal and understanding the application process and eligibility requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes are procedural and organizational in nature and do not substantively impact the scholarship award amount or the cost of administration. The changes do not increase or decrease the costs to businesses; they impact only the students who wish to apply for the scholarship and only in respect to the application and appeals process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Geoff Landward by phone at 801-321-7136, or by Internet E-mail at glandward@ushe.edu INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40862.htm TAX COMMISSION ADMINISTRATION No. 40853 (Amendment): R861-1A-2. Rulemaking Power Pursuant to Utah Code Ann. Section 59-1-210 and 63-46a-4. SUMMARY OF THE RULE OR CHANGE: Title 63G, Chapter 3, provides all of the necessary guidance for agency rulemaking and is, in fact, what the Tax Commission follows in its rulemaking. This section is, therefore, unnecessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. - LOCAL GOVERNMENTS: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. - SMALL BUSINESSES: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--The Tax Commission follows Title 63G, Chapter 3, in its rulemaking and not this section. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40853.htm AUDITING No. 40854 (Amendment): R865-19S-41. Sales to The United States Government and Its Instrumentalities Pursuant to Utah Code Ann. Sections 59-12-104 and 59- 12-106. SUMMARY OF THE RULE OR CHANGE: The proposed amendment deletes language that requires the federal government to pay sales tax on merchandise or services it pays for with funds held in trust for nonexempt individuals or organizations. There is no statutory authority for this language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The Tax Commission is not enforcing this provision. - LOCAL GOVERNMENTS: None--The Tax Commission is not enforcing this provision. - SMALL BUSINESSES: None--The Tax Commission is not enforcing this provision. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The Tax Commission is not enforcing this provision. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--There is no statutory authority for this provision. Accordingly, the Tax Commission is unable to enforce this provision. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposal amendment results in no fiscal impact on businesses because the provision is unable to be enforced. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40854.htm PROPERTY TAX No. 40855 (Amendment): R884-24P-53. 2016 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515. SUMMARY OF THE RULE OR CHANGE: Section 59-2-515 authorizes the State Tax Commission to promulgate rules regarding the Property Tax Act, Part 5, Farmland Assessment Act. Section 59-2-514 authorizes the State Tax Commission to receive valuation recommendations from the State Farmland Advisory Committee for implementation as outlined in Section R884-24P-53. The section sets the acreage value rates for 418 separate class-county combinations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is undetermined. The state receives tax revenue for assessing and collecting and for the Education Fund based on increased or decreased real and personal property valuation, including property assessed under the FAA. Property valuation (taxable value) changes have been recommended by class and by county. This year it is proposed that 286 rates increase slightly and 132 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to this amendment. - LOCAL GOVERNMENTS: The amount of saving or cost to local government is undetermined. Local governmental entities receive tax revenue based on increased or decreased property valuation, including property assessed under FAA. Property valuation changes have been recommended by class and by county. This year it is proposed that 286 rates increase slightly and 132 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to this amendment. County assessors' offices statewide will be required to input the new value indicators into their computer systems to be applied against the acreage for individual properties. This input process is easily accomplished on an annual basis and represents no significant cost in time or money to the assessors' offices. - SMALL BUSINESSES: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The affect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The affect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. COMPLIANCE COSTS FOR AFFECTED PERSONS: Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The affect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to this amendment is minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes may affect property values which may result in a change of property tax amounts due. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40855.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends December 1, 2016. From the end of the 30-day waiting period through March 1, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective 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. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40490 (Change in Proposed Rule): R414-10A. Transplant Services Standards. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies some definitions in the text. It further clarifies provisions for psycho-social evaluations, clarifies stem cell transplantation services, reinstates search coverage for donors, removes address information for the Prior Authorization Unit, clarifies non-covered services for solid organ transplantation, and makes other technical changes. (Editor's Note: The original proposed repeal and reenactment upon which this change in proposed rule (CPR) was based was published in the July 1, 2016, issue of the Utah State Bulletin, on page 105. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed repeal and reenactment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because transplant services for Medicaid recipients remain unaffected by this change. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide transplant services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because transplant services for Medicaid recipients remain unaffected by this change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because transplant services remain unaffected by this change. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because transplant services remain unaffected by this change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the changes do not affect the services provided in accordance with this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40490.htm 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 Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40858 (5-year Review): R156-24b. Physical Therapist Practice Act 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 should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 24b, with respect to physical therapists and physical therapist assistants. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzette Farmer by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@utah.gov EFFECTIVE: 10/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40858.htm No. 40859 (5-year Review): R156-26a. Certified Public Accountant Licensing Act 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 should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 26a, with respect to certified public accountants and CPA firms. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. 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 EFFECTIVE: 10/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40859.htm EDUCATION ADMINISTRATION No. 40880 (5-year Review): R277-438. Dual Enrollment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-438 continues to be necessary because it provides statewide procedures and criteria for a home and private school student to participate in a public school course, co-curricular activity, or program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40880.htm No. 40881 (5-year Review): R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-604 continues to be necessary because it provides procedures for Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40881.htm No. 40882 (5-year Review): R277-605. Coaching Standards and Athletic Clinics. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-604 continues to be necessary because it provides procedures standards for school athletic and activity coaches and standards for athletic clinics and workshops. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40882.htm No. 40883 (5-year Review): R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-609 continues to be necessary because it outlines requirements for school discipline plans and policies. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40883.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40869 (5-year Review): R414-510. Intermediate Care Facility for Persons with Intellectual Disabilities Transition Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility and program access requirements for recipients who wish to transition into the Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, and because it implements service coverage and provider reimbursement under the Transition Program. There is no opposition to the rule itself from outside parties, and the Department has resolved all concerns to previous amendments per its responses above. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 10/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40869.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40871 (5-year Review): R512-1. Description of Division Services, Eligibility, and Service Access. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to provide programs and services to support children and families in Utah. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40871.htm No. 40872 (5-year Review): R512-2. Title IV-B Child Welfare/Family Preservation and Support Services and Title IV-E Foster Care, Adoption, and Independent Living. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to administer services offered through the Title IV-B and Title IV-E programs. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40872.htm No. 40873 (5-year Review): R512-31. Foster Parent Due Process. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to provide due process rights of foster parents when a decision is made to remove a foster child from their home as authorized by Section 62A-4a-206. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40873.htm No. 40874 (5-year Review): R512-32. Children with Reportable Communicable Diseases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to establish standards for confidentiality and testing of children with reportable communicable diseases. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40874.htm No. 40875 (5-year Review): R512-40. Recruitment, Home Studies, and Approval of Adoptive Families for Children in the Custody of Child and Family Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to establish criteria for recruitment of adoptive families, standards for conducting adoptive home studies, and requirements for approval of adoptive homes, as outlined in Sections 53-10-108, 62A-4a- 205.6, 62A-4a-607, and 78B-6-128. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40875.htm No. 40876 (5-year Review): R512-42. Adoption by Relatives. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to specify requirements for relatives to adopt a child in the custody of Child and Family Services as outlined in Sections 78A-6-307, 78B-6-128, and 78B-6-133. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40876.htm No. 40877 (5-year Review): R512-51. Fee Collection for Criminal Background Screening for Prospective Foster and Adoptive Parents and for Employees of Other Department of Human Services Licensed Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to collect fees for processing criminal background screenings. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40877.htm No. 40878 (5-year Review): R512-80. Definitions of Abuse, Neglect, and Dependency. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to determine what constitutes abuse, neglect, or dependency. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 10/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40878.htm TRANSPORTATION ADMINISTRATION No. 40860 (5-year Review): R907-3. Administrative 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 should continue in effect to ensure public availability of opinions and orders as required by Section 63G-2-301. There have been no comments received in opposition to this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 10/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40860.htm No. 40861 (5-year Review): R907-66. Incorporation and Use of Federal Acquisition Regulations on Federal-Aid and State-Financed Transportation Projects. 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 should remain in effect because 23 U.S.C. 112 requires states to use the Federal Acquisition Regulations contained in 48 CFR Part 1 to calculate appropriate contract costs in all federal-aid transportation projects. Therefore, the department needs to continue to comply with the federal regulations incorporated in the rule to remain eligible for federal funding and to efficiently administer funds consistent with state law and federal regulations. It is generally most efficient to also use the Federal Acquisition Regulations for state-financed transportation projects as well, so the rule incorporates the same federal regulations for most state-financed transportation projects. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 10/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40861.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). HERITAGE AND ARTS ADMINISTRATION No. 40852 (Five-Year Extension): R450-1. Government Records Access and Management Act Rules. EXTENSION REASON: The responsibility for reviewing this rule, when sent to the department in late March, was overlooked because of job changes and new employees. The employees responsible for reviewing this rule only recently gained access to the documents. New deadline: 02/11/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Josh Loftin by phone at 801-245-7205, or by Internet E-mail at jloftin@utah.gov EFFECTIVE: 10/04/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161101/40852.htm 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 Office 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. EDUCATION ADMINISTRATION No. 40670 (AMD): R277-403.Student Reading Proficiency and Notice to Parents Published: 09/01/2016 Effective: 10/11/2016 No. 40671 (AMD): R277-419.Pupil Accounting Published: 09/01/2016 Effective: 10/11/2016 No. 40672 (NEW): R277-421.Out-of-State Tuition Reimbursement Published: 09/01/2016 Effective: 10/11/2016 No. 40673 (AMD): R277-530.Utah Effective Teaching and Educational Leadership Standards Published: 09/01/2016 Effective: 10/11/2016 No. 40674 (AMD): R277-531.Public Educator Evaluation Requirements (PEER) Published: 09/01/2016 Effective: 10/11/2016 No. 40675 (AMD): R277-606.Dropout Recovery Program Published: 09/01/2016 Effective: 10/11/2016 No. 40676 (NEW): R277-711.High Quality School Readiness Expansion Published: 09/01/2016 Effective: 10/11/2016 No. 40677 (NEW): R277-712.Competency-based Grant Programs Published: 09/01/2016 Effective: 10/11/2016 No. 40678 (AMD): R277-750.Education Programs for Students with Disabilities Published: 09/01/2016 Effective: 10/11/2016 No. 40679 (NEW): R277-922.Digital Teaching and Learning Grant Program Published: 09/01/2016 Effective: 10/11/2016 No. 40680 (NEW): R277-924.Partnerships for Student Success Grant Program Published: 09/01/2016 Effective: 10/11/2016 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 40666 (REP): R313-27.Medical Use Advisory Committee Published: 09/01/2016 Effective: 10/15/2016 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 40653 (AMD): R523-5-7.Requirements to Remain Qualified as an Adult Peer Support Specialist Published: 09/01/2016 Effective: 10/11/2016 NATURAL RESOURCES WATER RIGHTS No. 40659 (R&R): R655-3.Reports of Water Right Conveyance Published: 09/01/2016 Effective: 10/12/2016 No. 40660 (NEW): R655-17.Water Use Data Reporting and Verification Published: 09/01/2016 Effective: 10/12/2016 TRANSPORTATION OPERATIONS, AERONAUTICS No. 40663 (AMD): R914-1.Rules and Regulations Published: 09/01/2016 Effective: 10/12/2016 PROGRAM DEVELOPMENT No. 40664 (AMD): R926-3.Class B and Class C Road Funds Published: 09/01/2016 Effective: 10/12/2016 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 . <> ----------------------------