---------------------------- Utah State Digest, Vol. 2017, No. 6 (March 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 16, 2017, 12:00 AM through March 1, 2017, 11:59 PM Volume 2017, No. 6 March 15, 2017 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 Notice for April 2017 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/2017/20170315/sn158545.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 February 16, 2017, 12:00 a.m., and March 1, 2017, 11:59 p.m. are summarized in this, the March 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 15, 2017, issue of the Utah State Bulletin until at least April 14, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through July 13, 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. HEALTH DISEASE CONTROL AND PREVENTION; HIV/AIDS, TUBERCULOSIS CONTROL/REFUGEE HEALTH No. 41334 (Amendment): R388-804. Special Measures for the Control of Tuberculosis. SUMMARY OF THE RULE OR CHANGE: The rule change: 1) clarifies the need for an inpatient facility to consult with and obtain approval for discharge of an active tuberculosis (TB) case; and 2) clarifies patient responsibilities in order to comply with public health and potential for involuntary isolation as a result of noncompliance. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment has no anticipated costs to the budget as the amendment does not impact changes in program administration or TB screening requirements. - LOCAL GOVERNMENTS: This amendment has no anticipated cost to local government. Local health departments receive contractual funds from the TB Program to provide assistance and screening. - SMALL BUSINESSES: This amendment has no anticipated cost to small businesses as they have no interaction with the TB Program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment has no anticipated cost to business, individuals, local governments, and persons that are not small businesses. Local health departments are contracted to provide TB services to identified individuals. The amendment provides additional clarification that addresses behavior that is already protocol but does not require actions that require monetary outlay. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment does not anticipate any cost to any affected persons since there are no specific expected changes in practice that would require additional facility expenditures. The proposed changes simply clarify what has always been expected of facilities and individuals. Any individual identified by the TB Program as being symptomatic for active TB or having a potential exposure to TB may be required to be tested and all costs will be covered by the TB Program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment clarifies the need for inpatient facilities to consult with local health departments before discharge of a patient diagnosed with tuberculosis. It also requires such patients to comply with the treatment plan established by the provider and public health or be subject to involuntary isolation pursuant to the Utah Communicable Disease and Control Act. There is no fiscal impact on business because the amendment clarifies requirements already included in protocol. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41334.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 41332 (Amendment): R426-5. Emergency Medical Services Training and Certification Standards. SUMMARY OF THE RULE OR CHANGE: During a five-year review, it was determined that blood draw permits should be moved from Rule R438-12 to Rule R426-5. The blood draw permit language was slightly modified to fit into the context of the rest of Rule R426-5. A point of clarity was added for certified personnel by the EMS Committee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be impacted due to the blood draw permit language being added to this rule, since it only replaces existing language in Rule R438-12. - LOCAL GOVERNMENTS: The local government budgets will not be impacted due to the blood draw permit language being added to this rule, since it only replaces existing language in Rule R438-12. - SMALL BUSINESSES: Small businesses will not have any fiscal impacts due to the blood draw permit language being added to this rule, since it only replaces existing language in Rule R438-12. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other businesses, individuals, local governments, and persons will not have any fiscal impacts due to the blood draw permit language being added to this rule, since it only replaces existing language in Rule R438-12. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected will not have any additional compliance costs due to rule amendments since added language simply replaces existing language in Rule R438-12.. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will now include language addressing blood draw permits for certified EMS personnel which was formerly in Rule R438-12. Once this rule amendment is finalize, the lab will repeal Rule R438-12. There is no impact on business because the amendment language will replace requirements already set out in Rule R438-12, which will be repealed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41332.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 41336 (Amendment): R986-600. Workforce Investment Act. SUMMARY OF THE RULE OR CHANGE: Congress passed the Workforce Innovation and Opportunity Act with an effective date of 07/01/2015. The final regulations became effective 10/18/2016. These proposed changes are made to comply with the new requirements of federal regulation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This applies to a federally-funded program so there are no costs or savings to local governments. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for this change to anyone, including persons affected by this change because this is a federally-funded program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/14/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41336.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. ADMINISTRATIVE SERVICES FINANCE No. 41327 (5-year Review): R25-20. Indigent Defense Funds Board, Procedures for Electronic Meetings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The need for the rule still exists. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Reidhead by phone at 801-538-1678, by FAX at 801-538-3244, or by Internet E-mail at jreidhead@utah.gov EFFECTIVE: 02/21/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41327.htm HEALTH ADMINISTRATION No. 41333 (5-year Review): R380-60. Local Health Department Emergency Protocols. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule provides key standards and instruction for ensuring a consistent and effective response to a disaster for issues related to public health. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tamara Hampton by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@utah.gov EFFECTIVE: 03/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41333.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41326 (5-year Review): R414-38. Personal Care 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 implements personal care services for Medicaid clients and reimbursement to personal care providers, through its reference to the Personal Care Utah Medicaid Provider Manual and to the Medicaid State Plan. 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: 02/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41326.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 41330 (5-year Review): R657-43. Landowner Permits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-43 provides the requirements, procedures, and standards for private landowners to obtain landowner permits for taking buck deer within a general regional hunt boundary where the landowner's property is located, and taking bull elk, buck deer or buck pronghorn within a limited entry unit. This rule provides the opportunity for landowners, whose property provides habitat for deer, elk, or pronghorn to benefit by obtaining landowner permits for use within a general regional hunt area or limited entry area where the landowner's property is located. The provisions adopted in this rule are effective in providing the requirements, procedures, and standards for managing the landowner permit program. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 02/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41330.htm VETERANS' AND MILITARY AFFAIRS ADMINISTRATION No. 41335 (5-year Review): R978-1. Rule Governing Veterans' Affairs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule must continue because the Department still exists and still must pursue it's statutory mission. DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Todd Hansen by phone at 801-584-1914, by FAX at 801-584-1916, or by Internet E-mail at wthansen@utah.gov EFFECTIVE: 03/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2017/20170315/41335.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. ADMINISTRATIVE SERVICES FLEET OPERATIONS No. 41105 (AMD): R27-1.Definitions Published: 01/15/2017 Effective: 02/21/2017 No. 41106 (AMD): R27-3.Vehicle Use Standards Published: 01/15/2017 Effective: 02/21/2017 No. 41107 (AMD): R27-4.Vehicle Replacement and Expansion of State Fleet Published: 01/15/2017 Effective: 02/21/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41110 (AMD): R156-16a-304.Continuing Education Published: 01/15/2017 Effective: 02/21/2017 No. 41111 (AMD): R156-67.Utah Medical Practice Act Rule Published: 01/15/2017 Effective: 02/21/2017 No. 41112 (AMD): R156-68-304.Qualified Continuing Professional Education Published: 01/15/2017 Effective: 02/21/2017 GOVERNOR ECONOMIC DEVELOPMENT No. 40932 (AMD): R357-3.Economic Development Tax Increment Financing Tax Credit Published: 11/15/2016 Effective: 02/22/2017 No. 40961 (NEW): R357-19.Business Resource Centers Published: 12/01/2016 Effective: 02/22/2017 HUMAN SERVICES ADMINISTRATION No. 41114 (AMD): R495-885.Employee Background Screenings Published: 01/15/2017 Effective: 02/23/2017 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 41026 (AMD): R597-3-8.Judicial Written Statements Published: 12/15/2016 Effective: 02/17/2017 No. 41027 (AMD): R597-3-9.Judicial Discipline Published: 12/15/2016 Effective: 02/17/2017 NATURAL RESOURCES PARKS AND RECREATION No. 41043 (AMD): R651-411.OHV Use in State Parks Published: 12/15/2016 Effective: 02/16/2017 No. 41042 (AMD): R651-614-5.Hunting with Firearms Published: 12/15/2016 Effective: 02/16/2017 No. 41044 (AMD): R651-633.Special Closures or Restrictions Published: 12/15/2016 Effective: 02/16/2017 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 . <> ----------------------------