---------------------------- Utah State Digest, Vol. 2016, No. 22 (November 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 15, 2016, 12:00 AM through November 1, 2016, 11:59 PM Volume 2016, No. 22 November 15, 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 *********************************************** SPECIAL NOTICES Public Notice of 2017 Board and Committee Meeting Schedules - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/sn158049.htm Notice for December 2016 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/sn158071.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-First Legislature Into the Thirteenth Extraordinary Session, Utah Proclamation No. 2016-13E - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc158034.htm 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 15, 2016, 12:00 a.m., and November 1, 2016, 11:59 p.m. are summarized in this, the November 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 15, 2016, issue of the Utah State Bulletin until at least December 15, 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 15, 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. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 40898 (Amendment): R33-16. Protests. SUMMARY OF THE RULE OR CHANGE: The term "relevant" has been removed from this rule so that it complies with the definition found in Subsection 63G-6a- 1602(3)(a)(ii) of the Utah Code. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected as a result of the changes to this rule to the state budget. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a-1602(3)(a)(ii). - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected as a result of the changes to this rule to local government. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a-1602(3)(a)(ii). - SMALL BUSINESSES: There are no anticipated costs or savings that are expected as a result of the changes to this rule to small businesses. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a-1602(3)(a)(ii). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of the changes to this rule to persons other than small businesses, businesses, or local government entities. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a- 1602(3)(a)(ii). COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a-1602(3)(a)(ii). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The changes to this rule simply remove the term "relevant" so that it complies with Subsection 63G-6a-1602(3)(a)(ii). 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: - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40898.htm AGRICULTURE AND FOOD REGULATORY SERVICES No. 40918 (Amendment): R70-101. Bedding, Upholstered Furniture and Quilted Clothing. SUMMARY OF THE RULE OR CHANGE: The rule changes outline the license/permit requirements for sterilization facilities and the procedures to be followed by those facilities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Due to the changes in registration the Department will gain some registrations fees. The fee for this new license will bring in approximately $30,000 in revenue. There will be a minimal increase in employee workload which the Department should be able to absorb. - LOCAL GOVERNMENTS: There are no sterilization facilities within the state. - SMALL BUSINESSES: The changes to the rule have an effect on bedding and upholstered furniture businesses that bring in filling material. Requiring sterilization was already required; therefore, there are no new costs associated with the changes for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Large businesses producing filled clothing will incur a one-time fee of approximately $30 to update their labels and then an annual fee of $105. Large businesses producing bedding and upholstered furniture already put the required information on their labels and will, therefore, only incur the $105 annual fee. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes to the rule will add an additional license fee of $105 to each sterilization facility per year. Producers of quilted clothing may incur a one-time fee of approximately $30 to change their labels. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: H.B. 314 (2016) for the sterilization of wool, feathers, down, shoddy, or hair was introduced due to a request from industry. This change will bring Utah in line with other states that require sterilization facilities to license. The fees for the license are also in line with the charge from other states and similar licenses issued by the department. 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: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Michelle Jack by phone at 801-538-7151, by FAX at 801-538-4949, or by Internet E-mail at mjack@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40918.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 40922 (Amendment): R81-3-14. Type 5 Package Agencies. SUMMARY OF THE RULE OR CHANGE: This rule amendment clarifies what products may be sold by the agency, and changes language related to who may pick up a licensee order to match statutory language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule streamlines provisions for type 5 package agencies; there are no anticipated cost or savings as the department's responsibilities remain the same. - LOCAL GOVERNMENTS: None--This rule streamlines provisions for type 5 package agencies. This rule change affects the department and the licensee. There are no anticipated cost or savings to local government. - SMALL BUSINESSES: This rule streamlines provisions for type 5 package agencies. Any additional cost or savings to small businesses would result from a business' decision related to how and where it manufactures product for sale at its agency, or for coming into compliance with statutory requirements related to licensee sales and pickup. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule streamlines provisions for type 5 package agencies. There are no anticipated costs or savings to persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule streamlines provisions for type 5 package agencies. Any compliance costs would result from a business's decision related to how and where it manufactures product for sale at its agency, or for coming into compliance with statutory requirements related to licensee sales and pickup. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule streamlines provisions for type 5 package agencies. Any additional cost or savings to businesses would result from a business's decision related to how and where it manufactures product for sale at its agency, or for coming into compliance with statutory requirements related to licensee sales and pickup. 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: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40922.htm No. 40924 (New Rule): R81-4. Retail Licenses. SUMMARY OF THE RULE OR CHANGE: This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings as the department's responsibilities to approve tasting areas and audit manufacturing licensees is an extension of duties already required. - LOCAL GOVERNMENTS: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. This rule change effects the department and the licensee. There are no anticipated cost or savings to local government. - SMALL BUSINESSES: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There are no anticipated costs to comply based on this new rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License. There is no anticipated fiscal impact that this rule could have on businesses. 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: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40924.htm No. 40923 (Amendment): R81-8. Manufacturer Licenses (Distillery, Winery, Brewery). SUMMARY OF THE RULE OR CHANGE: This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. There are no anticipated cost or savings as the department's responsibilities to approve tasting areas and audit manufacturing licensees is an extension of duties already required. - LOCAL GOVERNMENTS: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. This rule change effects the department and the licensees. There are no anticipated costs or savings to local government. - SMALL BUSINESSES: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. The rule is broadly defined to meet the needs of each business type. Therefore, any additional costs or savings to small businesses would result from a business's decision related to what educational materials to use when conducting tastings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. The rule is broadly defined to meet the needs of each business type. Therefore, any compliance costs would result from a business’s decision related to what educational materials to use when conducting tastings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary. The rule is broadly defined to meet the needs of each business type. Therefore, any additional costs or savings to businesses would result from a business’s decision related to what educational materials to use when conducting tastings. 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: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40923.htm COMMERCE CONSUMER PROTECTION No. 40920 (Amendment): R152-6. Utah Administrative Procedures Act Rules. SUMMARY OF THE RULE OR CHANGE: The amended Rule R152-6 expressly permits a party to convert an informal proceeding to a formal proceeding by motion. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Consumer Protection (Division) anticipates conversion of proceedings will be rare and have a minimal impact on the state budget. A formal proceeding is more expensive to conduct than an informal proceeding. However, holding a formal proceeding is less expensive than holding both an informal proceeding and defending the matter on a trial de novo before a district court. As a result, the state may save resources if complex matters are converted to formal proceedings. A formal proceeding avoids the possibility of holding two trials on a matter, one at the administrative level and a trial de novo with a Utah district court. In such instances, the state will likely save on attorneys' time or fees, filing fees, and other expense involved in litigating the matter twice. If a case is converted to a formal proceeding that would have been resolved through the informal process, the cost to the state would be higher to proceed with the formal proceeding. The Division anticipates that most cases that would be converted to formal proceedings would also be likely candidates for an appeal to a judicial court following an informal proceeding. As a result, the net result should be a savings to the state budget. The net savings cannot be estimated because the circumstance for each proceeding will vary. - LOCAL GOVERNMENTS: The proposed amendment does not affect local governments' costs because the amendment only addresses the procedural rights of parties to an administrative proceeding before the Division to move to convert informal adjudicative proceedings to formal adjudicative proceedings. - SMALL BUSINESSES: The Division anticipates a minimal aggregate impact to small businesses. Those small businesses that are the subject of a Division administrative proceeding that is converted to a formal proceeding may save money by avoiding a second trial at the district court level. However in some cases, if the person would not have appealed to district court, the cost of conducting a formal proceeding will likely be higher than the cost would have been in an informal proceeding. The net savings/cost cannot be estimated because the circumstance for each proceeding will vary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Division anticipates a minimal aggregate impact to other persons. Those persons who are the subject of a Division administrative proceeding that is converted to a formal proceeding may save money by avoiding a second trial at the district court level. However in some cases, if the person would not have appealed to district court, the cost of conducting a formal proceeding will likely be higher than the cost would have been in an informal proceeding. The net savings/cost cannot be estimated because the circumstance for each proceeding will vary. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule governs an action that may be taken by a party, namely the ability to move to convert informal adjudicative proceedings to formal adjudicative proceedings. As such, there are no foreseeable compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule change permits either party to a proceeding before the Utah Division of Consumer Protection to move to convert an informal adjudicative proceeding into a formal adjudicative proceeding. The motion cannot be granted unless the presiding officer determines that the proceeding does not unfairly prejudice the rights of any party. This determination would include a consideration of the fiscal impact to the business named in the citation. There could be increased costs in formal proceedings, particularly the costs related to discovery procedures that are not permitted in informal proceedings. However, the costs for both parties of a de novo trial in the district court, as the appeal mechanism for the parties in an informal proceeding, would be eliminated. This creates a basis for potential cost savings. A negligible fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40920.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40899 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Subsections R156-17b-102(7) and (8) are deleted because "central prescription processing" is already defined in Subsection 58-17b-102(9). Subsection R156-17b-102(37) is added to define a "non drug or device handling central prescription processing pharmacy" in rule. Subsection R156-17b-102(54) is modified to change the license classification for third party logistic providers from class C to class E. Subsection R156-17b-102(58) is updated to reflect the most current version of the United States Pharmacopeia-National Formulary (USP-NF) to include Supplement 2, dated 12/01/2016. Section R156-17b-302 is modified to: 1) change the name of methadone clinic pharmacies to narcotic treatment program pharmacies; 2) move veterinarian pharmaceutical facility pharmacies from class B to class E; 3) add non drug or device handling central prescription processing pharmacy to class E; and 4) add third party logistic providers to class E. Section R156-17b-304 is modified to allow individuals licensed and in good standing in another state or territory of the United States to apply for a temporary license in Utah. Section R156-17b-601 is modified to clarify the ratio of pharmacy technician trainee to pharmacist working in a pharmacy at any given time. Section R156-17b-604 is modified to require that pharmacies that are closing surrender their license to the Division. Section R156-17b-614f is modified to: 1) clarify existing language; 2) establish that non drug handling central prescription processing pharmacies are required to obtain a class E license; and 3) establish that all other central prescription processing pharmacies are required to obtain licensure in the appropriate license classification consistent with their business practices. Section R156-17b-617a is modified to clearly establish that all class E pharmacies are required to follow all applicable state and federal laws. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensees provided in Title 58, Chapter 17b. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed filing primarily adds or modifies definitions and makes clarifications that are consistent with existing practices in the industry. Additionally, affected pharmacies may experience cost savings from the elimination of unnecessary regulation. This includes: 1) defining a "non drug or device handling central prescription processing pharmacy" and "veterinary pharmaceutical facility pharmacies" as class E pharmacies that do not require a pharmacist-in-charge (PIC) where previously these pharmacies were licensed under other classifications that required a PIC; and 2) allowing licensed applicants from out of state to obtain temporary licensure while passing the required examinations for licensure in Utah. The number of businesses affected and the amount of cost savings are unknown and cannot be quantified by the Division due to a wide range of circumstances for each licensee or applicant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Likewise, with regard to large businesses. The proposed filing primarily adds or modifies definitions and makes clarifications that are consistent with existing practices in the industry. Additionally, affected pharmacies may experience cost savings from the elimination of unnecessary regulation. This includes: 1) defining a "non drug or device handling central prescription processing pharmacy" and "veterinary pharmaceutical facility pharmacies" as class E pharmacies that do not require a pharmacist- in-charge (PIC) where previously these pharmacies were licensed under other classifications that required a PIC; and 2) allowing licensed applicants from out of state to obtain temporary licensure while passing the required examinations for licensure in Utah. The number of businesses affected and the amount of cost savings are unknown and cannot be quantified by the Division due to a wide range of circumstances for each licensee or applicant. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed filing primarily adds or modifies definitions and makes clarifications that are consistent with existing practices in the industry. Additionally, affected pharmacies may experience cost savings from the elimination of unnecessary regulation. This includes: 1) defining a "non drug or device handling central prescription processing pharmacy" and "veterinary pharmaceutical facility pharmacies" as class E pharmacies that do not require a pharmacist-in-charge (PIC) where previously these pharmacies were licensed under other classifications that required a PIC; and 2) allowing licensed applicants from out of state to obtain temporary licensure while passing the required examinations for licensure in Utah. It is also noted that there is no cost associated with the update to USP 39-NF 34 as Supplement 2, dated 12/01/2016, is included with the yearly subscription price. The number of affected pharmacies and the amount of cost savings are unknown and cannot be quantified by the Division due to a wide range of circumstances for each licensee or applicant. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule changes primarily add or modify definitions and make clarifications that are consistent with existing practices in the industry. Affected pharmacies may experience cost savings from the elimination of unnecessary regulation. This includes defining a "non drug or device handling central prescription processing pharmacy" and "veterinary pharmaceutical facility pharmacies" as Class E pharmacies that do not require a pharmacist-in-charge (PIC) where previously these pharmacies were licensed under other classifications that required a PIC. Any other fiscal impact is negligible. 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: - 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: - 11/15/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40899.htm No. 40902 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-17b-904, the authorizing statute prohibits a pharmacy from accepting or dispensing a drug under the program after either the drug label's beyond-use date, the expiration date recommended by the manufacturer, or any later date that has been established by division rule. This section makes clear that the division in collaboration with the Utah State Board of Pharmacy has not established any dates later than the beyond-use dates or the manufacturer's recommended expiration dates. Section R156-17b-905 establishes the handling fees an eligible pharmacy may charge for accepting or dispensing a drug under the program. Section R156-17b-907a establishes the registration requirements to become an eligible pharmacy allowed to participate in the program. Section R156-17b-907b establishes the formulary of eligible prescription drugs for the program. Section R156-17b-907c establishes the program standards and procedures that eligible pharmacies must create and maintain. Section R156- 17b-907d establishes that the division will coordinate annual meetings between: 1) the Department of Health and eligible pharmacies to obtain input to establish program standards and procedures for assisted living and nursing care facilities; and 2) between the Division of Substance Abuse and Mental Health and eligible pharmacies to obtain input to establish program standards and procedures for mental health and substance abuse clients. Section R156- 17b-907e requires an eligible pharmacy to create and maintain a training program for its pharmacists and pharmacy technicians to complete before they participate in the program, and requires the pharmacy to maintain a two-year record of such training. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any printing and distribution costs incurred will be absorbed in the Division's current budget. Additional costs of registration and regulatory enforcement were included in the Legislature's consideration of H.B. 236 (2016). - LOCAL GOVERNMENTS: Local governments that choose to participate in the program in coordination with an eligible pharmacy may be impacted by the costs of program management and recordkeeping. However, costs of participation would likely be offset by the savings resulting from enhanced health services to medically indigent persons within the local government's jurisdiction, which could result in a cost savings to the local government and to its community as a whole. One or more citizens may have their lives saved or be able to work or be able to better take care of their own needs and activities of daily living due to the availability of prescriptions issued pursuant to this program. This may translate into a cost savings for those persons, as well as for their friends and families and the local government that provides them services. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. - SMALL BUSINESSES: Small-business pharmacies that choose to participate in the program may be impacted by the costs of program management and recordkeeping, as well as lost revenue if they substitute time they could be billing for professional services to provide these services under the program. These costs may be slightly offset by the allowed handling fees, and the small-business pharmacies may also receive "goodwill" benefits in their community from their volunteer services, and benefit from increased traffic to their location. The amount of the cost or savings cannot be estimated as it will vary from business to business depending on the services provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Pharmacists are not required to participate in the program. This rule creates no fiscal impact for pharmacists beyond those identified in H.B. 236 (2016). Medically indigent persons who could not obtain medication but for an eligible pharmacy's participation in this program will receive the financial benefit of obtaining medication at little to no cost, and may receive a significant financial benefit due to improved health. One or more medically indigent persons may have their lives saved or be able to work or be able to take better care of their needs and activities of daily living due to the availability of prescriptions issued pursuant to this program. This may translate into a cost savings for those persons, as well as for their friends and families and the businesses who provide them goods and services. However, the Division is not able to determine any exact amount of savings due to varying circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: A pharmacy that chooses to participate in the program may be impacted by the costs of program management and recordkeeping, as well as lost revenue if the pharmacy substitutes time it could be billing for professional services to provide these services under the program. These costs may be slightly offset by the allowed handling fees, and the pharmacy may also receive "goodwill" benefits in its community from such volunteer services, and benefit from increased traffic to the pharmacy's location. The amount of the cost or savings cannot be estimated as it will vary from business to business depending on the services provided. A medically indigent individual who could not obtain medication but for an eligible pharmacy's participation in this program will receive the financial benefit of obtaining medication at little to no cost, and may receive a significant financial benefit due to improved health. An individual may have his or her life saved or be able to work or be able to take better care of his or her own needs and activities of daily living due to the availability of prescriptions issued to them pursuant to this program. This may translate into a cost savings for this individual, as well as for his or her friends and families and the businesses who provide the individual with goods and services. However, the Division is not able to determine any exact amount of savings due to varying circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These new rules establish procedures that permit a pharmacy to participate in a recycling program of prescription drugs in order to benefit indigents requiring medication. The rules are created to fulfill the mandate to the Division to adopt rules to implement H.B. 236 (2016), passed by the Legislature in the 2016 General Session. Although certain costs of record keeping and training of pharmacists and licensed pharmacy technicians are inherent in the rules, no costs to business are anticipated beyond those addressed in adoption of H.B. 236 (2016). Participation in the program is wholly voluntary by the pharmacy. Further, the pharmacy is permitted to charge a small handling fee, which will offset costs of the program to the participating pharmacies. Minimal fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 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: - 11/15/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40902.htm No. 40896 (Amendment): R156-24b. Physical Therapy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-24b-102, the proper name of the approved credential evaluations agency was updated and the abbreviation included in the definitions. In Section R156-24b-302a, the credential evaluation completed by the Foreign Credentialing Commission on Physical Therapy (FCCPT) was changed to a Type I review. The currently required FCCPT credentials evaluation did not include verification of English proficiency. The Type I review includes verification of English proficiency. The Board determined that the rule needed to be changed to be consistent with Subsection 58-24b-302(1)(e) and that the applicant must be able to read, write, speak, understand, and be understood in the English language. In Subsections R156-24b-303b(1)(a) and (b), the number of hours required for continuing education in ethics/law is decreased from a minimum of three hours to a minimum of two hours. Physical therapists have identified for the Division that many ethics/law continuing education offerings are two-hour courses. The Board concurred that a two-hour requirement is more consistent with current continuing education offerings. The Board also determined that completion of two hours of ethics/law continuing education is sufficient for the profession. In Subsection R156-24b-505(1)(a), the approval bodies for trigger point dry needling courses was expanded to include any of the sections or local chapters of the American Physical Therapy Association (APTA). The Board determined that any of the sections or local chapters for the APTA would require similar rigor and would ensure the consistency and quality of the offerings. In Subsection R156-24b-505(2), the level of supervision and the requirements for the licensure requirements of the supervisor were determined to be redundant. Approved trigger point dry needling courses meet industry standards, and the requirement for supervision and licensure status is redundant and unnecessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The only identified cost for the state budget and to the Division is a minimal cost of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The simplification of rule requirements for trigger point dry needling courses may decrease the time needed to process applications and may, therefore, increase efficiency for the Division. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments apply only to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments apply only to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. There are no identified costs or savings for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed change to the FCCPT Type I review will increase costs for the applicant from $525 to $810. These costs are consistent with other national organizations that evaluate foreign credentials and English proficiency for licensure. An added benefit is that the FCCPT will maintain the English proficiency results indefinitely and the applicant will be able to access the results should the need arise. No additional costs for affected persons are anticipated for the proposed changes to the continuing education requirements for dry needling. The licensed physical therapist and physical therapy assistant will have more options for completion of the decreased number of required ethics/law continuing education hours. The additional continuing education options could actually decrease the individual costs for completion of the required continuing education hours. Licensed physical therapists seeking registration for trigger point dry needling will have more options for completion of the required coursework. Adding the option of any trigger point dry needling coursework approved by the American Physical Therapy Association or any of its sections or local chapters will provide the physical therapist with more options and opportunities without decreasing quality. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule changes address: 1) requirements and definitions relating to the review of foreign credentials, and 2) requirements relating to trigger point dry needling courses. Any fiscal impact is negligible. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/21/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/20/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/28/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40896.htm No. 40897 (Amendment): R156-31b. Nurse Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-31b-102, the definition of "approved continuing education" was revised to include continuing education approved by any state board of nursing. This inclusion will allow licensees additional options for completion of continuing education requirements. The definition of "approved re-entry program" was added to establish minimum requirements for re-entry programs and enhance consistency among re-entry programs. The definition of "licensure by equivalency" was revised to allow students currently enrolled in any accredited registered nurse education program to sit for the practical nursing licensure examination. The current limitation of licensure by equivalency for those enrolled in Utah-based programs created barriers to licensure, particularly for those Utah residents who live near the border of another state. The requirements for those who have completed a registered nurse education program to sit for the practical nursing licensure examination were revised to ensure consistency for those who apply for licensure by equivalency. The definition of "practica" was added to clarify the meaning of the term as used in Section R156-31b-609. In Section R156-31b-202, the duties of the Advisory Peer Education Committee were revised to be consistent with statute. Limited-time approval of nursing education programs was eliminated when Section 58-31b-601 was revised during the 2016 General Session. In Section R156-31b-301, the current language requiring the automatic superseding of a registered nurse license upon issuance of an advanced practice registered nurse license was revised to allow the nurse to hold both licenses, if desired. Most other states require that applicants for licensure in their states hold licensure as both a registered nurse and an advanced practice nurse. The current rule for Utah creates an unnecessary barrier and potential delays when the licensee is seeking licensure by endorsement in another state. In Subsection R156-31b- 301(a), the requirements for licensure by equivalency as a practical nurse were updated to be consistent with the definition of "licensure by equivalency". In Section R156-31b-309, the three-year term of intern licensure for an advanced practice registered nurse specializing in psychiatric mental health was eliminated in order to be consistent with a six-month term of intern licensure for all other advanced practice registered nurse specialties. The supervisory requirements for intern licensure as an advanced practice registered nurse specializing in psychiatric mental health nursing were added in order to be consistent with Subsection R156-31b- 301c(2). In Section R156-31b-602, the requirements for limited-time approval of non-accredited nursing education programs were revised to be consistent with Section 58-31b-602 as revised during the 2016 General Session. The revisions clarify that those programs granted limited-time approval will continue to be an approved education program for initial licensure in Utah until 12/31/2020 or the date on which they are granted accreditation in accordance with Subsection R156-31b-102(2) and Section 58-31b-602. In Section R156-31b-701a, the current rule limits the ability of the nurse to delegate medication administration in the school setting to routine medications as defined in Subsection 58-31b-102(18). The definition of routine medications in Subsection 58-31b-102(18) is specific to the practice of a medication aide certified as defined in Subsection 58-31b-102(13). The current rule, therefore, limits the ability of the nurse to effectively delegate the administration of medications in the school setting. The proposed revision revises the language to allow delegation of medication administration to medications that are routine for the specific patient. In Section R156-31b-703b, the current rule states that "An individual license in good standing in Utah as an APRN (advanced practice registered nurse) and residing in this state may practice as an RN (registered nurse) in any Compact state." In order to practice in a compact state the nurse must hold a current compact license. This rule cannot be enforced as it gives no consideration to the requirements or expectations of the other compact states. The proposed revision clarifies the need for an individual to hold a current compact license in order to practice in a compact state. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The identified costs for the state budget include the costs of reprinting the rule and mailing it to APRNs. APRNs will need to be informed about the option to maintain licensure as both a RN and an APRN. They will also need to be informed about the expectation that they hold compact licensure as a RN if they practice in a compact state as a RN. Estimated cost for reprinting the rule is $300. Estimated cost for a mailing to APRNs $2,500. Processing the application for each APRN who wants to concurrently hold a RN license will depend on the number of licensees wanting to hold both. The estimated processing time for each RN application is 15 minutes. At $20 per hour for staff, each application would cost the state $5. The costs to the state will be offset when the applicant pays the $58 renewal fee. The estimated percentage of APRNs who would want to hold a concurrent RN license is 50% or less. If 1,250 APRNs apply for RN licensure, this would cost the state $6,250; however, the state would recover $72,500 in fees. Costs for rule revisions related to S.B. 56 passed during the 2016 General Session were included in the fiscal note for the bill. - LOCAL GOVERNMENTS: The proposed amendments apply only to license classifications regulated under Title 58, Chapter 31b, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The Division is not aware of any small businesses which would be affected by the proposed rule amendments. Therefore, there are no identified costs to savings for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Due to the increased specificity of the student notification requirements for non-accredited nursing education programs, or nursing education programs that lose their accreditation; nursing education programs may incur additional costs for student notification. The notification costs may range from $1 to $3 per nursing student for these programs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed change to allow nurses to hold both a RN and an APRN license will increase licensure renewal costs for those who want to hold both licenses. The current RN renewal fee is $58 every 2 years. No nurse living and practicing in Utah would be required to hold both licenses; therefore, increased renewal costs will only affect those who make the informed decision to hold both licenses. However, APRNs who holds concurrent RN licensure will be able to license in another state more easily, saving the licensees time and decreasing their frustration with the licensure by endorsement process in another state. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes clarify, add, or delete certain definitions; update the duties of the Advisory Peer Education Committee; clarify licensure by equivalency for practical nurses; clarify intern licensure requirements for certain APRNs; revise requirements for limited-time approval of nursing education programs to be congruent with statutory provisions adopted during the 2016 General Session; clarify delegation of medication administration in school settings; and allow APRNs to hold concurrent licensure in certain circumstances. A negligible fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/08/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40897.htm No. 40917 (Amendment): R156-37-402. Continuing Professional Education for Controlled Substance Prescribers. SUMMARY OF THE RULE OR CHANGE: The rule was renumbered throughout for clarity and amended to: 1) eliminate former Subsection R156-37-402(1)'s surplus and misleading language referencing four hours of continuing professional education for prescribers; 2) replace former Subsection R156-37- 402(4)(a)'s unclear and outdated citations to Subsections 58-37-6.5(1(b)(ii) and (iii), regarding the Division-approved continuing education courses, with correct references to Subsections 58-37-6.5(5), 58-37-6.5(7) and 58-37- 6.5(8), and a reference to the appropriate Division-approved courses on the Division's website; 3) add a new Subsection R156-37-402(3)(c), which provides that in accordance with Subsection 58-37f-304(3), the Division shall waive the half hour continuing education requirement for the controlled substance database's online tutorial and test for a prescriber renewing a license, if the prescriber attests that in the past license period the prescriber accessed the controlled substance database, and upon information and belief such use reduced the prescribing, dispensing, and use of opioids in an unprofessional or unlawful manner, or in quantities or frequencies inconsistent with generally recognized standards of dosage for an opioid; and 4) new language was added to renumbered Subsection R156-37-402(4), stating that the Division may review controlled substance database usage to audit an attestation provided under Subsection R156-37-402(3)(c). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed substantive amendments only apply to licensed prescribers who choose to utilize the controlled substance database. However, this rule may incentivize prescribers to utilize the database in a manner that will help ameliorate the effects of opioid abuse within communities and contribute to life saving and public safety efforts. This may reduce the cost of services provided by local government. The division is not able to determine any exact amount of cost or savings due to varying circumstances. - SMALL BUSINESSES: Prescribers who own or operate a small business, and who choose to increase their utilization of the database, will be impacted by using some of their time to review the database information of their patients prior to prescribing. This may translate into a loss of income relative to the time required for review and analysis. The cost may be partially offset by the waiver of continuing education requirements. The Division is not able to determine any exact amount of cost or savings due to varying circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Prescribers who choose to increase their utilization of the database will be impacted by using some of their time to review the database information of their patients prior to prescribing. This may translate into a loss of income relative to the time required for review and analysis. The cost may be partially offset by the waiver of continuing education requirements. The increased utilization of the database which may result from this amended rule, may allow prescribers insight into their patients' utilization of controlled substances and potential abuse of opioids and benzodiazepines. This may result in less opioid misuse by patients and less addictions, and an increased health and quality of life for patients. This may even save the lives of some patients. The Division is not able to determine any exact amount of costs or savings due to varying circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: A prescriber that chooses to increase his utilization of the database, will be impacted by using the prescriber's time to review the database information of the prescriber's patients prior to prescribing. This may translate into a loss of income for that prescriber, relative to the time required for review and analysis. The cost may be partially offset by the prescriber providing the required attestation upon license renewal and receiving the half hour waiver of continuing education requirements. The increased utilization of the database which may result from this amended rule, may allow insight into a particular patient's use of controlled substances and potential abuse of opioids and benzodiazepines. This may reduce that patient's opioid misuse and addiction and increase his or her quality of life, and it may even save that patient's life. 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: The amendments to the rules fulfill the mandate to the Division to reduce or waive the Division's continuing education requirements regarding opioid prescriptions as directed by H.B. 375 (2016). The continuing education requirement is waived if a prescriber attests that in the past license period, the prescriber accessed the controlled substance database and believes that such use reduced the prescribing, dispensing, and use of opioids in an unprofessional or unlawful manner. Prescribers who own or operate a small business, and who choose to increase their utilization of the database, will be impacted by using some of their time to review the database information of their patients prior to prescribing. These costs may be partially offset by the waiver of the continuing education requirements. The division is not able to determine any exact amount of costs or savings due to varying circumstances. 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: - 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, Conference Room 403 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40917.htm No. 40916 (Amendment): R156-37f. Controlled Substance Database Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-37f-102, adds a definition of "Originating Agency Identifier Number", which number will be used to identify the adult probation and parole officer agencies accessing the database. In Section R156-37f-203: 1) adds items to the mandatory database data fields and preferred database data fields; and 2) updates the reference to the new ASAP (American Society for Automation in Pharmacy) 4.2 format. In Section R156-37f-301: 1) adds procedures regarding database access for adult probation or parole officers employed by the Department of Corrections or a political subdivision; 2) specifies information that may be included in the accounting to an individual regarding the persons or entities who have requested or received database information about that individual; 3) adds a requirement that the written designation by a licensed practitioner allowing the practitioner's employee to obtain database information, must be manually signed by both the practitioner and the designated employee; 4) establishes procedures regarding an individual's request to the division for initiating and ceasing third-party notices when a controlled substance prescription is dispensed to that individual; and 5) makes minor technical conforming and formatting changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rules once the proposed amendments are made effective. The cost to the Division to implement the new standards imposed by the proposed rules should be minimal, and should be absorbed in the Division's current budget, because implementation will be handled within regular working hours and through existing Division vendors providing ongoing maintenance and support. - LOCAL GOVERNMENTS: The proposed amendments may impact local governments if they need to upgrade their software to meet the new standards. Such costs, if any, should be minimal since any required changes should be absorbed through the support costs paid to the local government's computer software vendor for ongoing maintenance and support. Some savings may be realized by local governments employing probation or parole officers who will be able to more easily access database information regarding a specific probationer or parolee under the officer's direct supervision. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. - SMALL BUSINESSES: The proposed amendments may impact small business pharmacies if they need to upgrade their pharmacy software to meet the new standards. However, the cost to these pharmacies should be minimal since most of the changes should be absorbed through the support costs these pharmacies already pay to their computer software vendor for ongoing maintenance and support. The proposed amendments may provide some cost savings for pharmacies that employ pharmacy technicians and pharmacy interns, as the new procedures will allow pharmacy technicians and pharmacy interns to access database information on behalf of a licensed pharmacist. The amount of any cost or savings cannot be estimated as it will vary depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than businesses, small businesses, and local government entities, as the amendments only implement procedures regarding database access and database reporting requirements for businesses and government entities beyond those that may have been identified in fiscal notes associated with the legislative bills. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs or savings for affected persons, as the amendments only implement procedures regarding database access and database information reporting requirements for businesses and government entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to the rules implement legislative changes regarding the Controlled Substance Database (CSD) access and reporting made S.B. 3001, H.B. 149, and H.B. 150 (2016). The principal changes add items to the mandatory CSD data fields, add procedures regarding database access for adult probation or parole officers, specify information that may be included in the accounting to an individual regarding the persons who have received database information regarding the individual, and establish procedures regarding an individual's request to the division of initiating and ceasing third-party notice when a controlled substance prescription is dispensed to that individual. The material changes in the rules will impact pharmacies and require additional, but not excessive, expenditure of time in keeping the records for, and permitting access to, CSD information. Much of this compliance will be realized through computer software changes, which costs should not have a material effect on businesses. 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: - Marvin Sims by phone at 801-530-6232, by FAX at 801-530-6511, or by Internet E-mail at msims@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, Conference Room 403 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40916.htm No. 40928 (Amendment): R156-37f. Controlled Substance Database Act Rule. SUMMARY OF THE RULE OR CHANGE: New Section R156-37f-302 clarifies that deposition testimony is included in the restrictions of Subsection 58-37f- 302(2), prohibiting any individual or organization with lawful access to data from being compelled to testify regarding that data. New Section R156-37f- 303 limits and protects access and use of opioid prescription information in the database by: 1) requiring an electronic data system accessing opioid prescription information to interface with the database through the Appriss Prescription Monitoring Program (PMP) Gateway system, and to comply with all other database access and use restrictions of the Controlled Substance Database Act and Controlled Substance Database Act Rule; 2) requiring an EDS user who is accessing opioid prescription information via an electronic data system to register with the database, to use the same personal identification number (PIN) for all access, and to comply with all of the other access and use restrictions of the Controlled Substances Database Act and Controlled Substance Database Act Rule; and 3) establishing a proactive administrative action for the Division where the Division may immediately suspend an electronic data system's or EDS user's access to the database without notice or opportunity to be heard if the Division determines such access may lead to an unlawful release or use of database information under Section 58-37f- 601, or may otherwise compromise the integrity, privacy, or security of the database's opioid prescription information. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed sections are made effective. The cost to the state to implement the standards imposed by the proposed new sections are addressed in the fiscal note attached to H.B. 239 (2016). Any additional costs to the Department of Commerce and to the Division should be absorbed in their current budgets because implementation will be handled within regular working hours and through existing vendors providing ongoing maintenance and support. - LOCAL GOVERNMENTS: The proposed new sections may impact local governments if they need to upgrade their software to meet the new standards. Such costs, if any, should be minimal since any required changes should be absorbed through the support costs paid to the local government's computer software vendor for ongoing maintenance and support. The amount of any cost cannot be estimated as it will vary depending on circumstances. - SMALL BUSINESSES: The proposed new sections will impact small-business pharmacies and prescribers who will be accessing the opioid prescription information in the database via electronic data systems. As addressed in the fiscal note attached to H.B. 239 (2016), the vendors for small business electronic data systems will need to work with Appriss on establishing connectivity to the PMP Gateway and Appriss estimated that there will be a startup fee of $7,500 and then a $50 per year cost per prescriber. There may also be costs incurred by small-business users to access this data via the Appriss PMP Gateway, once the system is up and running. However, access to the system by this method is voluntary. Additional costs will be incurred by small businesses that will need to further upgrade their software to meet the new standards, though such costs may be minimal since most of those changes should be absorbed through the support costs these pharmacies and prescribers already pay to their computer software vendors for ongoing maintenance and support. The proposed amendments may provide some cost savings for small- business pharmacies and prescribers if the new systems upgrade and streamline their work process. The exact amount of the costs or of any savings cannot be estimated as it will vary depending on circumstances. H.B. 239 (2016) required the Division to prepare the improved system, but does not require health systems to use the improved system. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The anticipated costs and savings that apply to small businesses will also impact larger businesses accessing the database; they also will need to work with Appriss on establishing connectivity to the PMP Gateway, pay the startup fee and per-prescriber fee, and any Gateway data access fees. These larger businesses also may need to upgrade their software to meet the new standards, although such costs may be minimal since most changes should be absorbed through support costs they already pay to their computer software vendors for ongoing maintenance and support. The proposed amendments may provide some cost savings for larger pharmacies and prescribers if the new systems they implement upgrade and streamline their work process. The exact amount of the costs or of any savings to larger businesses cannot be estimated as it will vary from business to business depending on circumstances. Again, H.B. 239 (2016) required the Division to prepare the improved system, but does not require health systems to use the improved system. There are no anticipated costs or savings to persons other than businesses, small businesses, and local government entities, as the new sections only implement procedures regarding database access for businesses and government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons, as the new sections only implement procedures regarding database access for businesses and government entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These new sections implement the mandate of the Legislature related to limiting access to and use of opioid prescription information in the Controlled Substance Database (CSD) when accessed by electronic data system users (EDS users). The new sections are required by H.B. 239, passed in the 2016 General Session. The use of an EDS to access the database is wholly voluntary, but requires the user to interface with the database through the Appriss Prescription Monitoring Program Gateway system. The current Appriss startup fee is $7,500 with a $50 per year cost per prescriber. This startup cost may be burdensome to certain small businesses and they may choose to access the database other than through an EDS. 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: - Marvin Sims by phone at 801-530-6232, by FAX at 801-530-6511, or by Internet E-mail at msims@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: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40928.htm No. 40903 (Amendment): R156-55c. Plumber Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-55c-302b, language is added to Subsection R156-55c-302b(2)(b)(i) allowing the apprentice plumber to sit for the appropriate plumbing examinations after successful completion of the first semester of the fourth year of the apprentice education program. Minor formatting changes are made throughout. In Section R156-55c-304, education covering the International Energy Conservation Code is included as core continuing education. Education covering Occupational Safety and Health Administration (OSHA) training and government regulations is included as professional continuing education. Minor formatting changes are made throughout. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed plumbers and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments may apply to small business. The apprentice plumber that previously had to wait until all of the education and experience requirements were met in order to sit for the appropriate exams, will now have the ability to sit for the exams after completing the first semester of the last year of the education requirement and a majority of the required experience hours. It is anticipated that allowing applicants to sit for the examinations as proposed will improve the opportunity for licensure progression, promote industry growth, and encourage corresponding wage increases as the licensee becomes more serviceable to current and potential employers. The impact cannot be estimated as it will vary depending on the experience and aptitude of the apprentice applicant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will only affect apprentice plumbers who are completing the apprentice education program set forth in Section R156- 55c-302a. The costs or savings associated with this amendment cannot be estimated as it will vary depending on the experience and aptitude of the apprentice applicant. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments will impact apprentice plumbers who meet the education and experience requirements of this proposal and seek licensure as a journeyman plumber or residential journeyman plumber. The Division estimates that this amendment will help adequately prepared applicants pass the required licensure exams, and promote the timely progression of licensure. An applicant should experience a cost savings resulting from fewer failed exam attempts with corresponding retakes. Applicants who pass the exams and obtain licensure should be eligible for corresponding wage increases. However, the Division is not able to estimate the individual impact as it will vary depending on the experience and aptitude of the apprentice plumber. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes accelerate the time when an apprentice plumber may sit for their journeyman exam, require additional subjects for the core and professional continuing education requirements, and make minor formatting changes to the language of the rules. A negligible fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/07/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40903.htm No. 40905 (Amendment): R156-70a-304. Continuing Education. SUMMARY OF THE RULE OR CHANGE: In accordance with H.B. 186 (2016), a physician assistant may fulfill a portion of their continuing education requirement by providing volunteer health care services in a qualified health care facility. For every four hours of volunteer health care services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education hours. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to those persons who are required to be licensed as a physician assistant and choose to obtain continuing education by providing volunteer services. The volunteer services provided would benefit the local population that lacks health care insurance or financial means to pay for health care services. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: Health care professionals who operate small businesses and provide volunteer services may be impacted by the cost of record keeping and lost revenue if they substitute time they could be billing for professional services to provide volunteer health care services in lieu of obtaining continuing education. However, these health care professionals will save on the cost of attendance at a continuing education course, and they may receive "goodwill" benefits in their community from their volunteer services. The amount of the cost or savings cannot be estimated as it will vary from business to business depending on the amount of volunteer service provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A licensed physician assistant will bear the cost of the services provided relative to their time spent providing the service. The uninsured, underserved, and indigent population will benefit from increased availability of health care services and improved opportunity for these services. The amount of the cost cannot be estimated by the Division as it will vary from licensee to licensee depending on the amount of volunteer service provided. COMPLIANCE COSTS FOR AFFECTED PERSONS: Licensed physician assistants will need to document volunteer services provided for audit by the Division to ensure compliance. The amount of any costs cannot be estimated by the Division as it will vary from licensee to licensee depending on the amount of volunteer service provided. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes permit a physician assistant to satisfy a limited number of continuing education requirement credits by providing volunteer service in a qualified health care facility. No fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/15/2016 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: - 12/06/2016 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40905.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40932 (Amendment): R357-3. Economic Development Tax Increment Financing Tax Credit. SUMMARY OF THE RULE OR CHANGE: The rule change defines a retail business to mean "the physical location from which the general public may directly purchase merchandise or services associated with the sale of merchandise for personal, business, or household consumption." "Retail Business" includes a showroom, wholesaler, or other type of operation from which a customer would place an order for a consumer good or the merchandise or services associated with it. "Retail Business" does not include distribution centers, the corporate functions associated with retailing, or other activities associated with retailing that may be accomplished from any physical location or that are not dependent on proximity to end consumers for retail sales. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost to the state budget because this does not change current practices regarding retail businesses. It simply clarifies what is already in place. - LOCAL GOVERNMENTS: No local government is affected because they cannot participate in the program. - SMALL BUSINESSES: No small business are affected because they cannot participate in the program. The program is for businesses with more than 50 employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Those who can participate in this program are not affected, and there are no others who are affected because this clarifies the already existing practices for the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because these practices are already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs for affected persons because these practices are already in place. This added definition simply formalizes what is already in place. 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: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40932.htm HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40901 (Repeal): R388-803. HIV Test Reporting. SUMMARY OF THE RULE OR CHANGE: Rule R388-803 establishes requirements for reporting screening, diagnostic, and treatment test results related to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS); and partner identification and notification. However, HIV reporting requirements are included in Rule R386-702. Therefore, this rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Costs will remain the same if this rule is repealed. The Bureau of Epidemiology utilizes federal funds from the Centers for Disease Control and Prevention (CDC) to fund three HIV epidemiologist positions. Existing reporting and surveillance systems are in place, and no change to HIV test reporting is anticipated in accordance to Rule R386-702. - LOCAL GOVERNMENTS: Costs will remain the same if this rule is repealed. Existing reporting and surveillance systems are in place, and no change to HIV test reporting is anticipated, in accordance to Rule R386-702. - SMALL BUSINESSES: Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702. These costs may include, but are not limited to, personnel time in order to complete and submit reporting forms and costs related to implementing and supporting electronic laboratory reporting (ELR). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is being repeal because all the requirements have been incorporated into Rule R386-702, Communicable Disease Rule, so it is now redundant. 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: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40901.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40927 (Amendment): R477-1. Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment adds the definition of "Phased Retirement" and updates numbers of definitions accordingly. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. 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: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40927.htm No. 40926 (Amendment): R477-4-6. Rehire. SUMMARY OF THE RULE OR CHANGE: This amendment creates provisions for employees rehiring into the phased retirement program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect affect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. 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: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40926.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 40929 (Repeal and Reenact): R501-1. General Provisions. SUMMARY OF THE RULE OR CHANGE: This rule updates and clarifies the general processes for the DHS Office of Licensing. Some of the updates are related to H.B. 259 from the 2016 General Session. It adds and changes definitions. It clarifies office processes related to variances, applications, approvals, denials, extensions, investigations of complaints and critical incidents, etc. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The current budget will cover any tasks affected by these changes. It is not anticipated that these rule changes will be either a cost or savings to the state of Utah. - LOCAL GOVERNMENTS: It is not anticipated that this will affect local governments financially. Costs to providers will most likely remain constant. Changes are primarily to Office of Licensing processes and philosophy regarding code of conduct and client's rights. - SMALL BUSINESSES: It is not anticipated that this will affect small businesses financially. Costs to providers will most likely remain constant. Changes are primarily to Office of Licensing processes and philosophy regarding code of conduct and client's rights. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that this will affect other entities financially. Costs to providers will most likely remain constant. Changes are primarily to Office of Licensing processes and philosophy regarding code of conduct and client's rights. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are anticipated. Fees remain the same. No significant compliance changes for providers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that this rule change will have a fiscal impact on business. 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: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@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 THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40929.htm No. 40931 (Amendment): R501-14. Human Service Program Background Screening. SUMMARY OF THE RULE OR CHANGE: This update adds Department of Human Services (DHS) contractor language to ensure that all of those with direct access to vulnerable adults and children are consistently background screened. It also clarifies processes, including which misdemeanors are not required to be reviewed by the comprehensive review committee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Nothing affects the state budget in these changes. This work is already funded. - LOCAL GOVERNMENTS: There is no anticipated change for local government. If they are working with the Department and requiring background checks for any staff, they would have already been captured under previous rule and statute. - SMALL BUSINESSES: There is some potential for a few businesses, especially one-person businesses, to be affected as most other small businesses were already captured under old rule and statute for background screenings. There are a handful of Department contractors that were excluded from the previous jurisdiction that are now included. One of the main aspects of H.B. 371 (2016) is to ensure background screenings are done on this handful of individuals who do not hold DHS licenses but do serve DHS clients via contract and have direct access. The cost to any such individual now affected would be either $39.75 or $52.75, depending on which check they are required to get. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost is anticipated. Individuals on contract were largely captured under the small business section above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Anyone new that has to do background checks will be required to pay $39.75 or $52.75 for FBI fingerprint checks, depending on which check is required. This is commensurate with what is done on all individuals working in human service programs. It is anticipated that, compared to the tens of thousands already doing these checks, only a few dozen are likely to be newly affected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not a significant fiscal impact from this rule change. Statute now requires department contractors who are not already licensed to be included in those getting the background screenings. Most department contractors are already licensed and subject to the checks. 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: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov - Jennifer Stahle by phone at 801-538-9897, by FAX at 801-538-4553, or by Internet E-mail at jenstahle@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 THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40931.htm No. 40930 (Repeal and Reenact): R501-21. Outpatient Treatment Programs. SUMMARY OF THE RULE OR CHANGE: This rule defines outpatient treatment program per H.B. 259 from the 2016 General Session. It also sets expectations and requirements for outpatient treatment licensure with DHS Office of Licensing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that more programs will be identified as needing licensure, based on the new definition of outpatient treatment program. This will be neither a cost or savings to the state as the fees should about cover the added state efforts. - LOCAL GOVERNMENTS: It is not anticipated that this will increase the costs to local government. It is possible that a local government could be required to license when they previously were not required to, but it is more likely any local government that requires this license already has it. In fact, the requirements are lessened in this new rule from the previous rule because outpatient treatment licenses will no longer be held to the standards of Rule R501-2. Costs related to CPR certification and other administrative aspects of Rule R501-2 have been replaced with easier-to-meet regulations that, in general, will cost less. It is possible that some providers providing medication-assisted treatment will have a few more requirements, but they are likely offset by other changes in the rule. - SMALL BUSINESSES: It is not anticipated that this will increase the costs to small businesses. It is possible that small businesses could be required to license when they previously were not required to. For that business, the increased cost will be the licensing fee of $900 for the first year and $300 in subsequent years, plus any individualized cost of meeting compliance requirements which would vary greatly across providers. Most small business providers that need to be licensed are likely already are. For those already licensed, the requirements are lessened in this new rule from the previous rule because outpatient treatment licenses will no longer be held to the standards of Rule R501-2. Costs related to CPR certification and other administrative aspects of Rule R501-2 have been replaced with easier-to-meet regulations that in general will cost less and are available online for free. It is possible that some providers providing medication-assisted treatment will have a few more requirements, but they are likely offset by other changes in the rule. So, for providers that are now captured by the new definition of outpatient treatment program, there will be increased costs related to initial licensing. However, most outpatient treatment providers are likely already licensed, and for those providers, compliance should, on the whole, be made even easier than previous rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that persons other than small businesses, businesses, or local government entities would be affected by this rule change. Any individual affected would be captured under small businesses above and the same information would apply. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for programs that were not previously licensed for outpatient treatment but now will be required to will essentially be the licensing fees of $900 for an initial license and $300 yearly after that for renewal, as well as any costs required to actually comply with the regulations. Those costs are thought to be minimal since most people providing these services will likely already be in compliance with the bulk of these basic health and safety standards. Individual persons are not required to license as this license type is for programs. It is important to note that there are exclusions both in statute and in rule to limit who needs to license under the outpatient treatment program definition. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule expands the definition of outpatient treatment program to include some entities that were not previously licensed and would now be required to pay fees and come in compliance with licensure. This expansion is a direct result of H.B. 259 (2016) in order to address substance abuse fraud and establish basic health and safety standards across providers. However, it also reduces the requirements of the license for most currently licensed outpatient treatment providers. So, some providers may experience some minimal cost savings. 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: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@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 THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40930.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 40919 (Amendment): R612-300-14. Advance Practice Registered Nurse. SUMMARY OF THE RULE OR CHANGE: The proposed section adopts by reference the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain", July 2013, adopted by the Federation of State Medial Boards. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There should be no cost or savings to the state budget because nurse practitioners are already subject to the requirement set forth in this section. - LOCAL GOVERNMENTS: There should be no cost or savings to local government because nurse practitioners are already subject to the requirement set forth in this section. - SMALL BUSINESSES: There should be no cost or savings to small businesses because nurse practitioners are already subject to the requirement set forth in this section. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There should be no cost or savings to persons other than small businesses, businesses, or local governments. because nurse practitioners are already subject to the requirement set forth in this section. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no compliance cost because nurse practitioners are already subject to the requirement set forth in this section. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no fiscal impact on businesses because nurse practitioners are already subject to the requirement set forth in this section. 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: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40919.htm NAVAJO TRUST FUND TRUSTEES No. 40892 (Amendment): R661-3. Utah Navajo Trust Fund Residency Policy. SUMMARY OF THE RULE OR CHANGE: The change revises the procedure to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule would not cause a cost nor savings to the state budget because UNTF funding source is from oil royalties, and UNTF does not receive an appropriation of general funds from the state. - LOCAL GOVERNMENTS: This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same. - SMALL BUSINESSES: This rule would not cause a change to small businesses because UNTF does not interface with small businesses in order to administer this program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons will be positively affected. Eligible Utah Navajo students will be awarded college financial assistance and scholarships, and the colleges and universities where these students will be attending will be able to receive these funds. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used, but UNTF averages about $580,000 of college financial assistance per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected persons will not incur any change in costs but will enjoy the benefit of receiving these monies for higher education purposes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a positive effect on businesses in the form of the college receiving monies for tuition and fees, as well as bookstores; student supply stores; stores selling electronics such as iPads, laptops, etc.; stores; grocery stores; apartments or college housing; eating establishments; stores that sell gasoline; etc. 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: - Tony Dayish by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at tdayish@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/24/2016 10:00 AM, UNTF Office, 151 E 500 N, Blanding, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40892.htm No. 40893 (Amendment): R661-6. Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program. SUMMARY OF THE RULE OR CHANGE: This change revises the procedure to be consistent with revisions proposed to Rule R661-3 to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule would not cause a cost nor savings to the state budget because UNTF funding source is from oil royalties, and UNTF does not receive an appropriation of general funds from the state. - LOCAL GOVERNMENTS: This rule would not cause a change to the local government because the requirements on the local Navajo governments would be the same. - SMALL BUSINESSES: This rule would not cause a change to small businesses because UNTF does not interface with small businesses in order to administer this program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons will be positively affected. Eligible Utah Navajo students will be awarded college financial assistance and scholarships, and the colleges and universities where these students will be attending will be able to receive these funds. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used, but UNTF averages about $580,000 of college financial assistance per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: The affected persons will not incur any change in costs but will enjoy the benefit of receiving these monies for higher education purposes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a positive effect on businesses in the form of the college receiving monies for tuition and fees, as well as bookstores; student supply stores; stores selling electronics such as iPads, laptops, etc.; grocery stores; apartments or college housing; eating establishments; stores that sell gasoline; etc. The impact of how much students and economic enterprises associated with college financial assistance and scholarship funds being awarded to college students cannot be estimated because there are various unknown factors such as how many students will be awarded, how much they will be awarded, and how these funds will be used, but UNTF averages about $580,000 of college financial assistance per year. 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: - Tony Dayish by phone at 435-678-1468, by FAX at 435-678-1464, or by Internet E-mail at tdayish@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/23/2016 10:00 AM, UNTF Office, 151 E 500 N, Blanding, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40893.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40900 (Amendment): R746-312. Electrical Interconnection. SUMMARY OF THE RULE OR CHANGE: The proposed change to Rule R746-312 makes the definitions of "inverter" and "switchgear" consistent with those in Section 54-15-102. Particularly, the references to IEEE1547 in Subsections 54-15-102(9)(b) and (13)(b)(ii) now refer to "IEEE1547, as amended". The proposed rule change also includes minor changes or corrections to references in Title 54. Recent amendments to IEEE1547 include minor changes to Sections 4.1.1 pertaining to voltage regulation and 4.2.3 and 4.2.4 pertaining to voltage and frequency under abnormal conditions. These changes allow distributed energy resources to support grid voltage regulation and provide voltage and frequency ride through, if so approved by and coordinated with, the area electric power system. These changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system and, therefore, should not result in additional costs or savings for a state agency to interconnect a distributed energy resource with a public utility. - LOCAL GOVERNMENTS: The proposed changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system and, therefore, should not result in additional costs or savings for a local government to interconnect a distributed energy resource with a public utility. - SMALL BUSINESSES: The proposed changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system and, therefore, should not result in additional costs or savings for a small business to interconnect a distributed energy resource with a public utility. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system and, therefore, should not result in additional costs or savings for persons other than small businesses, businesses, or local government entities planning to interconnect a distributed energy resource with a public utility. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be zero or negligible compliance costs for affected persons because this rule change follows practices and requirements for interconnection of a distributed energy resource with a public utility that are already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule change is consistent with statutory requirements and reflects current requirements to interconnect a distributed resource with a public utility. Therefore, zero or negligible costs or savings should result. 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: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40900.htm REGENTS (BOARD OF) ADMINISTRATION No. 40915 (Repeal): R765-606. Utah Leveraging Educational Assistance Partnership Program. SUMMARY OF THE RULE OR CHANGE: Rule R765-606 is the rule covering the Utah LEAP Program. It incorporates by reference federal statutes and regulations governing this program which awards grants to eligible students attending public or private non-profit institutions of higher education or public postsecondary vocational institutions. It becomes necessary to repeal this rule in its entirety because the program is no longer funded. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for the state budget. - LOCAL GOVERNMENTS: The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for local governments. - SMALL BUSINESSES: The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a cost or savings for small businesses. This program never affected any type of businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since this rule pertains to a federal program that has not been funded for the past six years, there will be no cost or savings to any individual upon the elimination of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Utah LEAP Program has not been funded for the past six years; therefore, eliminating this rule will not create a compliance cost for affected persons since there are no affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts on any kind of business by the program for which this rule is associated nor the repeal of this rule. 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: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu THIS RULE MAY BECOME EFFECTIVE ON: 01/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40915.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. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40904 (5-year Review): R414-10. Physician Services. 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 establishes eligibility and access requirements, implements service coverage, and directs Medicaid clients to the Department's co-payment policy for physician services. 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: 10/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40904.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40925 (5-year Review): R477-14. Substance Abuse and Drug-Free Workplace. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: DHRM has received no formal communication in opposition to Rule R477-14. It is the opinion of the agency that Rule R477-14 adequately meets the requirements of Section 67-19-34. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov EFFECTIVE: 10/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40925.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40895 (5-year Review): R850-8. Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There continues to be a need for a mechanism for aggrieved parties to petition for redress of agency or board actions which affect an interest held by the parties. This rule provides for a reasonable and effective way for the board to address challenges to agency and board actions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 10/18/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40895.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 40913 (5-year Review): R926-5. State Park Access Highways Improvement Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 72-3-207 is still effective law. This rule is still needed for the Department to maintain in conformance with the requirements of that statute. 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: 10/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40913.htm PRECONSTRUCTION No. 40914 (5-year Review): R930-3. Highway Noise Abatement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: 23 CFR 772 requires all state Departments of Transportation to adhere to the requirements included in the regulation. This rule is still needed because it incorporates 23 CFR 772 by reference. 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: 10/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40914.htm PRECONSTRUCTION, RIGHT-OF-WAY ACQUISITION No. 40906 (5-year Review): R933-1. Right of Way Acquisition. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule continuation is essential to ensure the department is adequately disclosing basic requirements relating to non-federally-funded real property transactions, while appropriately incorporating sections of 49 CFR 24 as necessary by law. 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: 10/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40906.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 40910 (5-year Review): R940-7. Marda Dillree Corridor Preservation Fund. 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 is to establish procedures for the Utah Department of Transportation to apply for money from the fund, for the Utah Transportation Commission to award money from the fund, and for the repayment conditions. The Department still needs to draw money from the fund on occasion. 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: 10/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40910.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). HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 40894 (Five-Year Extension): R388-803. HIV Test Reporting. EXTENSION REASON: All elements of Rule R388-803, HIV Test Reporting, are being incorporated into Rule R386-702, Communicable Disease Rule, in order to integrate and centralize all communicable disease reporting rules. Incorporating all requirements of Rule R388-803 into Rule R386-702 ensures HIV is integrated with all other communicable and infectious disease control efforts and allows reporting agencies a centralized location to review and follow reporting, surveillance, isolation, treatment and epidemiological investigation requirements. An extension will allow the Bureau of Epidemiology to ensure all elements of Rule R388-803 are incorporated into Rule R386-702. New deadline: 02/18/2017. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amelia Self by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at aself@utah.gov EFFECTIVE: 10/17/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161115/40894.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. CRIME VICTIM REPARATIONS ADMINISTRATION No. 40687 (AMD): R270-1.Award and Reparation Standards Published: 09/15/2016 Effective: 10/24/2016 No. 40688 (AMD): R270-2.Crime Victim Reparations Adjudicative Proceedings Published: 09/15/2016 Effective: 10/24/2016 No. 40689 (REP): R270-3.ADA Complaint Procedure Published: 09/15/2016 Effective: 10/24/2016 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 40662 (AMD): R392-400.Temporary Mass Gatherings Sanitation Published: 09/01/2016 Effective: 11/01/2016 HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 40648 (AMD): R539-1.Eligibility Published: 09/01/2016 Effective: 10/25/2016 NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 40716 (AMD): R649-3-32.Reporting of Undesirable Events Published: 09/15/2016 Effective: 11/01/2016 NAVAJO TRUST FUND TRUSTEES No. 40607 (AMD): R661-7.Utah Navajo Trust Fund Housing Projects Policy Published: 08/01/2016 Effective: 10/24/2016 PARDONS (BOARD OF) ADMINISTRATION No. 40708 (AMD): R671-201.Original Hearing Schedule and Notice Published: 09/15/2016 Effective: 10/31/2016 No. 40618 (AMD): R671-204.Hearing Continuances Published: 08/15/2016 Effective: 10/31/2016 No. 40617 (AMD): R671-302-1.Open Hearings Published: 08/15/2016 Effective: 10/31/2016 No. 40619 (AMD): R671-308.Offender Hearing Assistance Published: 08/15/2016 Effective: 10/31/2016 No. 40620 (AMD): R671-510.Evidence for Issuance of Warrants Published: 08/15/2016 Effective: 10/31/2016 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40704 (AMD): R746-310.Uniform Rules Governing Electricity Service by Electric Utilities Published: 09/15/2016 Effective: 10/24/2016 No. 40685 (AMD): R746-343-16.New Technology Equipment Distribution Program (NTEDP) Published: 09/15/2016 Effective: 10/24/2016 No. 40723 (AMD): R746-360-6.Eligibility for Fund Distributions Published: 09/15/2016 Effective: 10/24/2016 TRANSPORTATION OPERATIONS, CONSTRUCTION No. 40683 (NEW): R916-7.Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits Published: 09/15/2016 Effective: 10/24/2016 OPERATIONS, MAINTENANCE No. 40729 (NEW): R918-5.Construction or Improvement of Highway Published: 09/15/2016 Effective: 10/24/2016 PRECONSTRUCTION No. 40724 (AMD): R930-7.Utility Accommodation Published: 09/15/2016 Effective: 10/24/2016 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 . <> ----------------------------