---------------------------- Utah State Digest, Vol. 2018, No. 22 (November 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 16, 2018, 12:00 AM through November 1, 2018, 11:59 PM Volume 2018, No. 22 November 15, 2018 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 https://rules.utah.gov/publications/utah-state-bull/. 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 https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ 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 December 2018 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: https://rules.utah.gov/publicat/bulletin/2018/20181115/sn160738.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. Governor's Proclamation Calling the Sixty-Second Legislature Into the Eleventh Extraordinary Session - 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: https://rules.utah.gov/execdocs/2018/ExecDoc160742.htm Declaring a State of Emergency Due to Drought, Utah Exec, Order No. 2018- 9 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160754.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 16, 2018, 12:00 a.m., and November 1, 2018, 11:59 p.m. are summarized in this, the November 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 15, 2018, issue of the Utah State Bulletin until at least December 17, 2018 (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, 2019, 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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 43336 (Amendment): R81-1-11. Multiple-Licensed Facility Storage and Service. SUMMARY OF THE RULE OR CHANGE: These rule changes clarify the definition of multiple licensed facilities for purposes of allowing shared dispensing and shared storage areas so that the provisions are consistent with provisions that were either codified or clarified by H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None, any anticipated costs or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None, any anticipated costs or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. Costs and savings to local governments were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None, any anticipated costs or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None, any anticipated costs or savings to persons other than small business, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None, any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None, any anticipated costs or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified provisions for multiple licensed facilities. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43336.htm No. 43337 (Repeal): R81-1-24. Responsible Alcohol Service Plan. SUMMARY OF THE RULE OR CHANGE: This rule defines Responsible Alcohol Service Plans and authorizes the commission to require this plan as part of the penalties levied for certain violations. This repeal is necessary as statute now defines Responsible Alcohol Service Plans and requires that they be resubmitted as part of a renewal if there are any violations. This rule is therefore no longer necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local governmental entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which defined these plans and required submission as part of the renewal for any violation. Costs and savings for administering this change were calculated as part of the fiscal notes. Repealing this rule does not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43337.htm No. 43338 (Amendment): R81-1-25. Sexually–Oriented Entertainers and Stage Approvals. SUMMARY OF THE RULE OR CHANGE: These rule changes clarify rulemaking authority and make modifications to language to conform to the change from a social club to a bar license as part of H.B. 442, passed in the 2017 General Session, but effective this last year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43338.htm No. 43339 (Amendment): R81-1-27. Label Approvals. SUMMARY OF THE RULE OR CHANGE: These rule changes provide the correct citation for rule making authority, apply provisions to certain malted beverages as required by statutory changes in H.B. 442 (2017) and H.B. 456 (2018), remove provisions that restate state statute, clarify the definition of revision, remove provisions that are outdated, and modify format requirements for labeling of certain malted beverages to conform with changes in H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings for administering these change were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings for administering these change were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings for administering these change were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings for administering these change were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings were calculated as part of the fiscal note. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which expanded the label requirements beyond flavored malt beverages and clarified label requirements for these certain malt beverages. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43339.htm No. 43340 (Amendment): R81-4-4. Verification of Proof of Age by Applicable Licensees. SUMMARY OF THE RULE OR CHANGE: This new section moves provisions from R81-10D-6 that implement Section 32B-1-407 so that those provisions apply to all applicable licensees rather than only bars and taverns. These changes are necessary due to H.B. 442, passed in the 2017 General Session, and H.B. 456, passed in the 2018 General Session, which expanded these requirements to additional licensees and circumstances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering this change were calculated as part of the fiscal notes. This new section does not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings to local governments were calculated as part of the fiscal notes. This new section does not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to the small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). This new section does not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings were calculated as part of the fiscal notes. This new section does not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with this change is a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings were calculated as part of the fiscal notes. This new section does not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings were calculated as part of the fiscal notes. This new section does not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43340.htm No. 43341 (Amendment): R81-4A. Restaurant Liquor Licenses. SUMMARY OF THE RULE OR CHANGE: These rules changes remove language related to shared premises, clarification of the intent to dine provision, and allowance to consume a product at or in close proximity to a table as the provisions were either codified or clarified by H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal note. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings to local governments were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018) GS, which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) GS and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43341.htm No. 43342 (Amendment): R81-4C. Limited Restaurant Licenses. SUMMARY OF THE RULE OR CHANGE: These rule changes remove language related to shared premises, clarification of intent to dine provision, and allowance to consume a product at or in close proximity to a table as the provisions were either codified or clarified by H.B. 442 (2017) and H.B. (456). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost of savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43342.htm No. 43344 (Amendment): R81-4E. Resort Licenses. SUMMARY OF THE RULE OR CHANGE: These rule changes remove clarification of intent to dine provision, and allowance to consume a product at or in close proximity to a table as the provisions were either codified or clarified by H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings to local governments were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43344.htm No. 43345 (Amendment): R81-5. Club Licenses. SUMMARY OF THE RULE OR CHANGE: These rule changes remove references to club licenses; incorporates tiered food sales percentages for converted full service restaurants (previously dining clubs); and repeals the age verification rule so that it can be incorporated in the general licensee section of rule. These changes are necessary due to provisions in H.B. 442 (2017) and H.B. (456). These rule changes also remove provisions related to conversion that expired in 2013 and provide correct statutory references for rulemaking for R81-5-14. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. Costs and savings for administering these changes were calculated as part of the fiscal notes. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. Costs and savings to local government were calculated as part of the fiscal notes. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. Costs and savings were calculated as part of the fiscal notes. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which removed dining clubs and retitled the class of licenses as bar establishments. Costs and savings were calculated as part of the fiscal notes. These changes do not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43345.htm No. 43348 (Amendment): R81-10. Off-Premise Beer Retailers. SUMMARY OF THE RULE OR CHANGE: These rule changes are necessary to capture a slight language change regarding where beer is stored and to capture the current code references that were amended by H.B. 442 (2017) and H.B. 456 (2018). These rule changes also put into rule the process and procedure for submitting an application for an off-premise beer retailer state license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated costs or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off-premise retailers and created an off-premises beer retailer state license. Costs and savings to the state budget were calculated as part of the fiscal note. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated costs or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off- premise retailers and created an off-premises beer retailer state license. Costs and savings to local government were calculated as part of the fiscal note. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated costs or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off- premise retailers and created an off-premises beer retailer state license. Costs and savings to small businesses were calculated as part of the fiscal note. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated costs or savings to other persons are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off-premise retailers and created an off-premises beer retailer state license. Costs and savings to other persons were calculated as part of the fiscal note. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off-premise retailers and created an off-premises beer retailer state license. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated costs or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which modified the display requirements for off-premise retailers and created an off-premises beer retailer state license. Costs and savings were calculated as part of the fiscal note. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43348.htm No. 43346 (Amendment): R81-10A-2. Licensing. SUMMARY OF THE RULE OR CHANGE: These rule changes remove language related to shared premises as this provision was codified by H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated costs or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. Costs and savings for administering these changes were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated costs or savings to the local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. Costs and savings to local governments were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated costs or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated costs or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated costs or savings to persons to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which codified when premises could be shared. Costs and savings were calculated as part of the fiscal notes. These rule changes do not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43346.htm No. 43343 (Amendment): R81-10C. Beer-Only Restaurant Licenses. SUMMARY OF THE RULE OR CHANGE: These rule changes remove clarification of intent to dine provision, and allowance to consume a product at or in close proximity to a table as the provisions were either codified or clarified by H.B. 442 (2017) and H.B. 456 (2018). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated cost or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these change were calculated as part of the fiscal notes. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated cost or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings to local governments for administering these change were calculated as part of the fiscal notes. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated cost or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings for administering these change were calculated as part of the fiscal notes. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any anticipated costs to comply with these changes are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated cost or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and H.B. 456 (2018), which streamlined provisions for restaurant licenses. Costs and savings were calculated as part of the fiscal notes. These changes do not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43343.htm No. 43347 (Amendment): R81-10D-6. Age Verification - Taverns. SUMMARY OF THE RULE OR CHANGE: The removal of this section moves provisions to Section R81-4-1 that implement Section 32B-1-407 so that those provisions apply to all applicable licensees rather than only Bars and Taverns. These changes are necessary due to provisions in H.B. 442 (2017 General Session) and H.B. 456 (2018 General Session) which expanded these requirements to additional licensees and circumstances. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None. Any anticipated costs or savings to the state budget are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None. Any anticipated costs or savings to local governments are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None. Any anticipated costs or savings to small businesses are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None. Any anticipated costs or savings to other persons are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. Any costs are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None. Any anticipated costs or savings to businesses are a result of the statutory requirements of H.B. 442 (2017) and HB 456 (2018), which required additional licensees to use age verification (scanners). Costs and savings for administering these changes were calculated as part of the fiscal note. This proposed rulemaking action does not create additional costs or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43347.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43334 (Amendment): R156-17b. Pharmacy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-17b-102: Definitions are added as follows: 1) define the term "self-administered hormonal contraceptive" by reference to Section 26-62-102(9); 2) define the new "Utah Hormonal Contraceptive Self-Screening Risk Assessment Questionnaire" as the self-screening risk assessment questionnaire that is approved by the Division pursuant to Section 26-62-106; 3) define the "professional entry degree" required for licensure under Subsection 58- 17b-303(1)(f) as the professional entry degree that was offered by the applicant's Accreditation Council on Pharmacy Education (ACPE) accredited school or college of pharmacy in the applicant's year of graduation, either a baccalaureate in Pharmacy (BSPharm) or a doctorate in pharmacy (PharmD); and 4)update the United States Pharmacopeia-National Formulary to USP 41-NF 36 and incorporate it into rule by reference. Section R156- 17b-303b: These proposed amendments delete duplicative provisions, and update and clarify pharmacy internship standards required for licensure as a pharmacist, in accordance with the ACPE's current 2016 Standards. Section R156-17b-303c: This proposed amendment increases from two to three the number of North American Pharmacy Licensing Exam (NAPLEX) or Multistate Jurisprudence Exam (MPJE) failures allowed to an applicant, before the applicant must meet with the Board to request an additional authorization to test. Section R156-17b-304: These proposed amendments make non-substantive formatting changes for clarity and provide consistency for temporary licenses with licensure examination requirements. Section R156-17b-308: These proposed amendments clarify and update renewal and reinstatement procedures. In particular, as allowed by Subsection 58-1-308(5)(a)(ii)(B) and Section 58-17b-506, these proposed amendments will allow former Utah licensees whose licenses expired while active and in good standing, easier re-entry into practice by extending their permissible reinstatement period from two years to eight years. This means that if these former licensees meet continuing education and certain other requirements, they may apply for reinstatement instead of being required to submit a new application for licensure complete with all supporting documents as is required of an individual making an initial application for license and demonstrating they meet all current qualifications for licensure. Section R156-17b-309: These proposed amendments clarify and update continuing education requirements as follows: 1) make non-substantive formatting changes throughout for clarity; 2) for pharmacists, update continuing education standards and topics by deleting the old topics of "drug therapy or patient management", and substituting the current topics of "disease state management/drug therapy, AIDS/HIV therapy, or patient safety"; 3) for pharmacy technicians, reduce the eight-hour "live or technology- enabled participation" requirement to six hours; 4) for pharmacists, clarify existing continuing education requirements regarding individual licensee practices (such as requiring two continuing education hours in topics related to long-acting injectables if the licensee will be providing administration of long-acting injectable drug therapy, and requiring two hours in topics related to hormonal contraceptive therapy if the licensee will be prescribing and dispensing a self-administered hormonal contraceptive); 5) add additional options for fulfilling continuing education requirements, including allowing one "live" continuing education (CE) hour for attending one Utah State Board of Pharmacy meeting, up to a maximum of two CE hours during each two-year period, and allowing two CE hours for each hour of lecturing or instructing a CE course or teaching in the licensee's profession, up to a maximum of ten CE hours during each two-year period; 6) require licensees to prove compliance with their continuing education requirements through registration with the free National Association of Boards of Pharmacy (NABP) e-profile CPE Monitor plan, or the NABP CPE Monitor Plus plan, and by maintaining a certificate of completion or other adequate documentation for CE that cannot be tracked by the NABP plan. Section R156-17b-402: These proposed amendments add to the fine and citation schedule "failing to act in accordance with Title 26, Chapter 62, Family Planning Access Act, when dispensing a self-administered hormonal contraceptive under a standing order, in violation of 58-17b-502(14)". Section R156-17b-610: These proposed amendments provide guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive. The guidelines require the pharmacist or pharmacy intern to obtain a completed Utah Hormonal Contraceptive Self-Screening Risk Assessment Questionnaire, and provide the written information and counseling described in Section 26-62-106. Section R156-17b-621b: This proposed amendment establishes the operating standards for pharmacist and pharmacy intern dispensing of a self- administered hormonal contraceptive. These standards require special initial training and continuing education, and use of the new Utah Hormonal Contraceptive Self-Screening Risk Assessment Questionnaire adopted by the Division in collaboration with the Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Sections R156-17b-102, R156-17b-303b, and R156-17b- 304: Definition R156-17b-102(64) updates the United States Pharmacopeia- National Formulary (USP-NF) to USP 41-NF 36 and incorporates it into rule by reference. The Division budgets for and incurs a yearly cost of $950 to maintain the USP Formulary reference material. The other rule amendments and proposed changes are not expected to impact state government revenues or expenditures because the changes merely update the rules to establish definitions, clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Section R156-17b-303c: These proposed amendments are not expected to have any impact on the state budget beyond a potential time savings for Division staff and Board members due to a reduction in requests from applicants for Board authorization to retake failed exams. The exact savings cannot be estimated as it will depend on cases of unforeseeable exam failures by applicants and the individuality of the requests that are made, and the relevant data is unavailable. Sections R156-17b-402, R156-17b-610, and R156-17b-621b: These proposed amendments will impact businesses in the pharmacy industry who employ pharmacists or pharmacy interns who dispense self-administered hormonal contraceptives, and this may include certain state government entities acting as businesses. However, because the amendments only carry out the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018), Pharmacist Dispensing Authority Amendments, the Division estimates that these proposed amendments will have no impact on the state budget, as follows: Section R156-17b-402: This new administrative fine corresponds to new Section 58-17b-502(14) added by S.B. 184 (2018). It is similar to the other unprofessional conduct fines found in Section R156-17b-502. The goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the typical member of the affected party, this proposed rule amendment is expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying rule includes any money a person who is adjudicated as having violated the rule might have to pay to the state budget in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Section R156-17b-610: These proposed amendments provide guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018) because they simply require the pharmacist or pharmacy intern to obtain the completed questionnaire and provide the written information and counseling described in Section 26-62-106. Section R156-17b-621b: These proposed amendments provide operating standards for pharmacist and pharmacy intern dispensing of a self-administered hormonal contraceptive are not expected to have any fiscal impact to the state budget beyond that imposed by S.B. 184 (2018), because in accordance with the guidance of S.B. 184 (2018), the required questionnaire has been adopted by the Division based on extensive collaboration with the Board and multiple medical industry participants so as to incorporate generally accepted professional standards, and the amendments only impose accredited initial training and continuing education requirements common in the industry. Section R156-17b-308: These proposed amendments may indirectly benefit state agencies acting as businesses who employ pharmacists, if these state agencies are able to more easily hire one or more experienced pharmacists who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these state agencies cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the state agencies may experience from any resulting employment will vary widely depending on the requirements of the agencies and the individual characteristics of each pharmacist. Also, any increase in staff workload that may be caused by additional applications and individuals becoming licensed will be balanced by additional revenue and absorbed within the Division's existing budget. Section R156-17b-309: Most of these proposed amendments will not have any impact on the state budget because they will not change existing state practices or procedures. The amendment that will require licensees to prove compliance with their continuing education requirements through registration with the free NABP e-profile CPE Monitor plan or the NABP CPE Monitor Plus plan is expected to create a time savings for Division staff, due to improvement in the quantity and quality of licensee CE records provided to the Division and streamlining of the procedures for auditing licensees' continuing education. This will cause a corresponding financial benefit to the Division. However, the exact savings cannot be estimated as it will vary depending on the circumstances and the nature of each licensee's continuing education records, and the relevant data is unavailable. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: Sections R156-17b-102, R156-17b-303b, and R156-17b- 304: None of these proposed changes are expected to impact local governments' revenues or expenditures because these changes merely establish definitions, update this rule to clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Sections R156-17b-303c and R156-17b-309: These proposed amendments are not expected to have any impact on local government because they do not apply to local government. Sections R156- 17b-402, R156-17b-610, and R156-17b-621b: These proposed amendments will impact businesses in the pharmacy industry who employ pharmacists or pharmacy interns who dispense self-administered hormonal contraceptives, and this may potentially include certain local government entities acting as businesses. However, because these amendments only carry out the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018), Pharmacist Dispensing Authority Amendments, the Division estimates that these proposed amendments will have no impact on local governments, as follows: Section R156-17b-402: This new administrative fine corresponds to new Section 58-17b-502(14) added by S.B. 184 (2018). It is similar to the other unprofessional conduct fines found in Section R156-17b-502. The goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the typical member of the affected party, these proposed amendments are expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying rule includes any money a person who is adjudicated as having violated this rule might have to pay in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Section R156-17b- 610: These proposed amendments provide guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018) because they simply require the pharmacist or pharmacy intern to obtain the completed questionnaire and provide the written information and counseling described in Section 26- 62-106. Section R156-17b-621b: These proposed amendments provide operating standards for pharmacist and pharmacy intern dispensing of a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018), because in accordance with the guidance of S.B. 184 (2018) the required questionnaire has been adopted by the Division based on extensive collaboration with the Board and multiple medical industry participants, so as to incorporate generally accepted professional standards, and the amendments only impose accredited initial training and continuing education requirements common in the industry. Section R156-17b-308: These proposed amendments may indirectly benefit local government entities acting as businesses who employ pharmacists, if these entities are able to more easily hire one or more experienced pharmacists who have been able to reinstate their license and enter into practice. The full fiscal and non-fiscal impacts on these local government entities cannot be estimated because the data necessary to determine how many such licensees might be hired is unavailable, and because the benefits the local government entities may experience from any resulting employment will vary widely depending on the requirements of the entities and the individual characteristics of each pharmacist. - SMALL BUSINESSES: Sections R156-17b-102, R156-17b-303b, and R156-17b- 304: Definition R156-17b-102(64) updates the United States Pharmacopeia- National Formulary to USP 41-NF 36 and incorporates it into rule by reference; the renewal price for the formulary is $950, however the formulary is available online at no cost. It is unknown whether any of the small businesses would purchase the formulary or simply utilize the free resource. None of the other proposed changes are expected to impact small businesses revenues or expenditures because the changes will not alter the price or quantity of any exchanges between any parties. These changes merely establish definitions, update the rules to clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Section R156-17b- 303c: These proposed amendments are not expected to have any impact on small businesses beyond a potential small indirect benefit from being able to more quickly hire a licensee who became licensed earlier because the licensee did not need to seek Board approval to retake the exam. The exact savings cannot be estimated as it will vary substantially based on the characteristics of the employer and of each individual applicant. Section R156-17b-402, R156-17b-610, and R156-17b-621b: There are approximately 511 small-business Class A retail pharmacies in Utah that may be impacted by these amendments (NAICS 446110). These proposed amendments may impact these small businesses in the pharmacy industry if they choose to employ pharmacists or pharmacy interns who dispense self- administered hormonal contraceptives. However, these proposed amendments are not expected to have an estimable fiscal impact on these small businesses beyond that imposed by the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018), as follows: Section R156-17b- 402: This new administrative fine corresponds to new Section 58-17b- 502(14) added by S.B. 184 (2018). It is similar to the other unprofessional conduct fines found in Section R156-17b-502. The goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the licensee that will be the typical member of the affected party, these proposed amendments are expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying rule includes any money a licensee who is adjudicated as having violated the rule might have to pay in the form of an administrative penalty. This amount is inestimable both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Section R156-17b-610: These proposed amendments providing guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018) because they simply require the pharmacist or pharmacy intern to obtain the completed questionnaire and provide the written information and counseling as described in Section 26-62-106. Section R156-17b-621b: These proposed amendments provide operating standards for pharmacist and pharmacy intern dispensing of a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018), because in accordance with the mandates and guidance of S.B. 184 (2018) the required questionnaire has been adopted by the Division based on extensive collaboration with the Board and multiple medical industry participants, so as to incorporate generally accepted professional standards, and these amendments only impose accredited initial training and continuing education requirements common in the industry. Section R156-17b-308: These proposed amendments may directly benefit small businesses in this pharmacy industry that are owned by experienced pharmacists re-entering into practice, who may operate as private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others. These proposed amendments may also indirectly benefit small businesses offering pharmacy services if they are able to more easily hire one or more experienced pharmacists or pharmacy technicians. The Division estimates that there are approximately 511 small-business Class A retail pharmacies, 270 small-business Class B pharmacies, 1,065 small-business Class C pharmacies, 714 small-business Class D pharmacies, and 564 small-business Class E pharmacies licensed in Utah. There are also currently 3,935 licensed pharmacists, many of which are (or may become) owners of small businesses. (For a complete listing of the NAICS Codes used in this analysis, please contact the Division.) The full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or might be hired by small businesses is unavailable; further, the resulting employment will vary widely depending on the characteristics and scope of practice of each small business, as well as the individual characteristics of each licensee. Sections R156-17b-309: These proposed amendments are not expected to have any impact on small businesses because they do not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Sections R156-17b-102, R156-17b-303b, and R156-17b-304: Definition R156-17b-102(64) updates the United States Pharmacopeia- National Formulary to USP 41-NF 36 and incorporates it into rule by reference; the renewal price for the formulary is $950, however the formulary is available online at no cost. It is unknown whether any of the other persons would purchase the formulary or simply utilize the free resource. None of the other proposed changes are expected to impact other persons because the changes will not alter the price or quantity of any exchanges between any parties. These changes merely establish definitions, update the rule to clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Section R156-17b-303c: This proposed amendment will benefit some applicants for licensure who have failed an exam twice, and will now not need to seek Board authorization to retake the exam (unless and until they fail the exam a third time). These applicants will avoid the need to take time to appear before the Board, and they may be able to become licensed earlier and employed earlier (or retain their current employment). The exact savings to these persons cannot be estimated as it will vary substantially based on the characteristics of each individual applicant. Sections R156-17b-402, R156-17b-610, and R156-17b-621b: These proposed amendments will impact pharmacists or pharmacy interns who choose to dispense self-administered hormonal contraceptives, and will affect members of the public who choose to purchase self-administered hormonal contraceptives. However, the Division estimates that these proposed amendments will have no impact on these persons beyond the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018), as follows: Section R156-17b-402: This new administrative fine corresponds to new Section 58-17b-502(14) added by S.B. 184 (2018). It is similar to the other unprofessional conduct fines found in Section R156- 17b-502. The goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the licensee who will be the typical member of the affected party, the proposed amendment is expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying rule includes any money a licensee who is adjudicated as having violated the rule might have to pay in the form of an administrative penalty. This amount is inestimable, both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Section R156-17b-610: These proposed amendments provide guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive are not expected to have any fiscal impact on either the licensees or pharmacy customers beyond that imposed by S.B. 184 (2018), because they simply require the pharmacist or pharmacy intern to obtain the completed questionnaire and provide the written information and counseling as described in Section 26-62-106. Section R156-17b-621b: These proposed amendments provide operating standards for pharmacist and pharmacy intern dispensing of a self-administered hormonal contraceptive are not expected to have any fiscal impact on the licensees or the pharmacy customers beyond the fiscal impact already imposed by S.B. 184 (2018), because in accordance with the mandates and guidance of S.B. 184 (2018) the required Questionnaire has been adopted by the Division based on extensive collaboration with the Board and multiple medical industry participants, so as to incorporate generally accepted professional standards, and the amendments only impose accredited initial training and continuing education requirements common in the industry. Section R156-17ba-308: These proposed amendments will allow easier re-entry into practice for persons formerly licensed as a pharmacist or pharmacy technician in Utah whose license expired while active and in good standing. These amendments will benefit these and future experienced pharmacists and pharmacy technicians who have left practice and choose to re-enter into practice. However, the full fiscal and non-fiscal benefits for these persons cannot be estimated because the resulting employment will vary substantially depending on the individual choices and characteristics of each pharmacist and pharmacy technician. Section R156-17b-309: Most of these proposed amendments will have no impact on other persons because they only clarify and update the rule regarding current continuing education requirements. The amendment for pharmacy technicians reducing the eight- hour "live or technology-enabled participation" requirement to six hours is expected to save some licensees the cost of traveling to a central location to obtain these two CE hours. This will be especially beneficial to licensees in remote, rural locations. However, the amount of savings is inestimable as it will depend entirely on the CE courses chosen and the location of each licensee. The amendment for all licensees that will add additional options for fulfilling continuing education requirements, including allowing one "live" CE hour for attending one Utah State Board of Pharmacy meeting, up to a maximum of two CE hours during each two-year period, and allowing two CE hours for each hour of lecturing or instructing a CE course or teaching in the licensee's profession, up to a maximum of ten CE hours during each two-year period, is expected to benefit some licensees who are able and willing to earn this CE credit, but the amount of savings is again inestimable as it will be based on individual licensee characteristics and choices. Finally, the amendment that will require all licensees to prove compliance with their continuing education requirements through registration with the free NABP e-profile CPE Monitor plan or the NABP CPE Monitor Plus plan, and by maintaining a certificate of completion or other adequate documentation for CE that cannot be tracked by the NABP plan, is expected to have little to no net impact on licensees. There will be no cost to licensees for registering for CE monitoring unless they choose the CPE Monitor Plus plan. There may be a potential time savings and corresponding financial savings for licensees due to the streamlining of their CE reporting requirements, but there may also be a potential cost to some of these persons due to the need for obtaining and providing better documentation of their CE. In sum, the amount of the net impact to licensees from the potential savings or cost from these amendments is inestimable, as it will vary substantially depending on individual licensee characteristics and choices, and the relevant data is unavailable. COMPLIANCE COSTS FOR AFFECTED PERSONS: Sections R156-17b-102, R156-17b- 303b, and R156-17b-304: Definition R156-17b-102(64) updates the United States Pharmacopeia-National Formulary to USP 41-NF 36 and incorporates it into rule by reference; the renewal price for the formulary is $950, however, the formulary is available online at no cost. It is unknown whether any of the affected persons would purchase the formulary or simply utilize the free resource. None of the other proposed changes are expected to impose compliance costs for any affected persons because these changes will not alter the price or quantity of any exchanges between any parties. These changes merely establish definitions, update the rules to clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Sections R156-17b-303c, R156-17b-308, and R156-17b-309: None of these proposed amendments are expected to impose any compliance costs for any affected persons because these changes will largely save time for all parties and are expected to result in positive or little to no net fiscal impacts. Sections R156-17b-402, R156-17b-610, and R156-17b-621b: As described above for other persons, these proposed amendments are not expected to impose any compliance costs for any affected persons beyond those imposed by the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: S.B. 184, passed during the 2018 Legislative General Session, amended the Pharmacy Practice Act to permit a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription order. As required by S.B. 184 (2018), this rule filing provides necessary definitions and establishes and clarifies the requirements for such dispensing. The Board of Pharmacy (Board) proposes the remaining amendments to establish and clarify certain internship requirements and continuing education requirements, and to provide easier practice re-entry into the pharmacy professions by adding a license reinstatement option for certain previously licensed pharmacists and pharmacy technicians. Sections R156-17b-102, R156-17b-303b, R156-17b-304 and Section R156-37-602: Definition R156-17b-102(64) updates the United States Pharmacopeia-National Formulary to USP 41-NF 36 and incorporates it into rule by reference; the renewal price for the formulary is $950. However, the formulary is available online at no cost. It is unknown whether any of the small businesses would purchase the formulary or simply utilize the free resource. None of the other proposed changes are expected to impact small businesses' revenues or expenditures because the changes will not alter the price or quantity of any exchanges between any parties. These changes merely establish definitions, update the rules to clarify standards and encompass current requirements and practices in the profession, and make formatting changes for clarity. Section R156-17b- 303c: These proposed amendments are not expected to have any impact on small businesses beyond a potential small indirect benefit from being able to more quickly hire a licensee who became licensed earlier because the licensee did not need to seek Board approval to retake the exam. The exact savings cannot be estimated as it will vary substantially based on the characteristics of the employer and of each individual applicant. Section R156-17b-402, R156-17b-610 and R156-17b-621b: There are approximately 511 small-business Class A retail pharmacies in Utah that may be impacted by these amendments (NAICS 446110). These proposed amendments may impact these small businesses in the pharmacy industry if they choose to employ pharmacists or pharmacy interns who dispense self- administered hormonal contraceptives. However, these proposed amendments are not expected to have an estimable fiscal impact on these small businesses beyond that imposed by the mandates of the Utah Pharmacy Practice Act as amended by S.B. 184 (2018), as follows: Section R156-17b- 402: This new administrative fine corresponds to new Section 58-17b- 502(14) added by S.B. 184 (2018). It is similar to the other unprofessional conduct fines found in Section R156-17b-502. The goal of this rule is to provide a deterrent, such that there is a $0 net impact on all parties involved. Therefore, for the licensee that will be the typical member of the affected group, this proposed amendment is expected to have no direct or indirect fiscal impacts. However, inestimable fiscal impacts of the underlying rule includes any money a licensee who is adjudicated as having violated the rule might have to pay in the form of an administrative penalty. This amount is inestimable both because it applies only in cases of unforeseeable violations, and because the penalty assessed may vary depending on the circumstances of the violation. Section R156-17b-610: These proposed amendments providing guidelines for patient counseling by a pharmacist or pharmacy intern who dispenses a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018) because they simply require the pharmacist or pharmacy intern to obtain the completed questionnaire and provide the written information and counseling as described in Section 26-62-106. Section R156-17b-621b: These proposed amendments providing operating standards for pharmacist and pharmacy intern dispensing of a self-administered hormonal contraceptive are not expected to have any fiscal impact beyond that imposed by S.B. 184 (2018), because (in accordance with the mandates and guidance of S.B. 184 (2018) the required questionnaire has been adopted by the Division based on extensive collaboration with the Board and multiple medical industry participants, so as to incorporate generally accepted professional standards. Further, the amendments only impose accredited initial training and continuing education requirements common in the industry. Section R156-17b-308: These proposed amendments may directly benefit small businesses in the pharmacy industry that are owned by experienced pharmacists re-entering into practice, who may operate as private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others. These proposed amendments may also indirectly benefit small businesses offering pharmacy services, if they are able to more easily hire one or more experienced pharmacists or pharmacy technicians. The Division estimates that there are approximately 511 small-business Class A retail pharmacies, 270 small-business Class B pharmacies, 1,065 small-business Class C pharmacies, 714 small-business Class D pharmacies, and 564 small-business Class E pharmacies licensed in Utah. There are also currently 3,935 licensed pharmacists, many of whom are (or may become) owners of small businesses. The full fiscal and non- fiscal benefits to these small businesses cannot be estimated because the data necessary to determine how many of the licensees returning to practice might operate small businesses of their own or might be hired by small businesses is unavailable; further, the resulting employment will vary widely depending on the characteristics and scope of practice of each small business, as well as the individual characteristics of each licensee. Sections R156-17b-309: These proposed amendments are not expected to have any impact on small businesses. Non-Small Business: The Division estimates that there are approximately 10 non-small Class A retail pharmacies, 5 non-small Class B pharmacies, 22 non-small Class C pharmacies, 15 non-small Class D pharmacies, and 12 non-small Class E pharmacies licensed in Utah. There are also currently 3,935 licensed pharmacists, some of whom may be (or may become) owners of non-small businesses. The fiscal impact of each of these rule amendments addressed in these comments on non-small businesses is the same as described above with regard to small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Zaelit by phone at 801-530-7632, or by Internet E-mail at jzaelit@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/27/2018 08:30 AM, 160 East 300 South, North Conference Room (1st floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43334.htm No. 43333 (Amendment): R156-37-602. Records. SUMMARY OF THE RULE OR CHANGE: This proposed amendment provides guidance to licensees who experience a loss of controlled substance inventory. The amendment clarifies that a licensee shall report the loss to the DEA, the Division, and local law enforcement if the circumstances involve "any theft, including diversion, or significant loss". The new language clarifies that diversion is reportable as theft, and uses the term "significant loss" because this is the term used by the DEA and the DEA has issued guidance regarding what constitutes a significant loss. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment is not expected to impact state government revenues or expenditures because the amendment only updates this rule to provide guidance and encompass current standards in the profession. Accordingly, no fiscal impact to the state is expected beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendment is made effective. - LOCAL GOVERNMENTS: This amendment is not expected to impact local governments' revenues or expenditures because the amendment only updates this rule to provide guidance and encompass current standards in the profession. - SMALL BUSINESSES: There are approximately 521 class A pharmacies, 274 class B pharmacies, 1,085 class C pharmacies, 723 class D pharmacies, and 573 class E pharmacies that are small businesses licensed in Utah, and if these small businesses are involved in the supply or dispensing of controlled substances they will be required to comply with this rule. (For a complete listing of the NAICS codes used in this analysis, please contact the Division). However, this amendment is not expected to impact revenues or expenditures for any of these small businesses because this amendment only updates this rule to provide guidance and encompass current standards in the profession. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment clarifies the requirements for reporting theft/diversion or significant loss of controlled substances in pharmacies to the DEA and local law enforcement. There are 3,941 pharmacists, 791 pharmacy interns, 5,774 pharmacy technicians, and 1,395 pharmacy technician trainees licensed in Utah who will be required to comply with this rule amendment if they are involved in the supply or dispensing of controlled substances and experience a loss. However, this amendment will not create a fiscal impact for these persons beyond the current requirements because this amendment only updates this rule to provide guidance and encompass current standards in the profession. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed amendment will affect a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee if they are involved in the supply or dispensing of controlled substances and experience a loss. However, this amendment will not create a fiscal impact for these affected persons beyond the current requirements because this amendment only updates this rule to provide guidance and encompass current standards in the profession. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division and the Utah Board of Pharmacy recommend this amendment to clarify when a licensee must report the loss of controlled substances to the Drug Enforcement Agency (DEA), the Division, and to local law enforcement. Section R156-37-602: This proposed amendment provides guidance to licensees who experience a loss of controlled substance inventory. This amendment clarifies that a licensee shall report the loss to the DEA, the Division, and local law enforcement, if the circumstances involve "any theft, including diversion, or significant loss". The new language clarifies that diversion is reportable as theft, and uses the term "significant loss" because this is the term used by the DEA and the DEA has issued guidance regarding what constitutes a significant loss. There are approximately 521 Class A pharmacies, 274 Class B pharmacies, 1,085 Class C pharmacies, 723 Class D pharmacies, and 573 Class E pharmacies that are small businesses licensed in Utah. If these small businesses are involved in the supply or dispensing of controlled substances, they will be required to comply with this rule. However, this amendment is not expected to have a fiscal impact on any of these small businesses because this amendment only updates this rule to provide guidance and encompass current standards in the profession. There are approximately 10 non-small business Class A retail pharmacies, 5 non-small Class B pharmacies, 22 non-small Class C pharmacies, 15 non- small Class D pharmacies, and 12 non-small Class E pharmacies licensed in Utah. If these non-small businesses are involved in the supply or dispensing of controlled substances, they will be required to comply with this rule. However, this amendment is not expected to have a fiscal impact on any of these non-small businesses because this amendment only updates this rule to provide guidance and encompass current standards in the profession. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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: - 11/27/2018 08:30 AM, 160 East 300 South, North Conference Room (1st floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43333.htm No. 43353 (Amendment): R156-37f. Controlled Substance Database Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-37f-102: These proposed amendments add definitions for the following acronyms: "EDS" means "electronic data system" as defined in Subsection 58-37f-303(1)(c), "EHR" means electronic health record, and "HIE" means health information exchange. Section R156-37f-203: These proposed amendments: 1) conform the language of this rule to Section 58-37f-203 by requiring both "the pharmacist-in-charge and the pharmacist" to report the required data; 2) specify certain data fields that must be completed; and 3) update terms and delete references to obsolete or unclear data requirements. Section R156-37f-301: These proposed amendments update citations, make non- substantive formatting changes for comprehensibility throughout, and make the following clarifications to conform this rule to current practices and procedures: 1) clarify that requests for database information may not be made verbally; 2) clarify that certain information may be included in a search warrant to assist the search, such as subject's birth date, the full name of the prescriber, and date range to be searched; 3) clarify that information provided as a result of a search warrant will be as set forth in this rule unless otherwise specified in the search warrant; 4) clarify that requests from an individual for his or her database information shall be in the form of an original signed and notarized request, and include a clearly legible, color copy of government-issued picture identification confirming the individual's identity; 5) require a third party requesting database information on behalf of an individual to provide: a) an original signed and notarized request form furnished by the Division together with a clearly legible, color copy of government- issued picture identification confirming the requester's identity; and b) an original or certified copy of properly executed legal documentation of the third-party requester's authority, in particular, an agent under a power of attorney must be a current agent under a power of attorney that either authorizes the agent to make health care decisions for the individual, allows the agent to have access to the patient's protected health information under HIPAA, or grants the agent specific authority to obtain database information; 6) deletes the requirement that the written designation provided to the Division by a practitioner and hospital operating an emergency department include the names of all emergency room practitioners employed at the hospital; 7) clarifies that requests to provide access to a designated employee should include the designating practitioner's email address account registered with the Database, and identify the employee's professional license number, if any; and 8) with respect to an individual's request for the Division to provide notice to a third party when a controlled substance prescription is dispensed to that individual: a) clarifies that the request to begin or discontinue notice shall be made on an original signed and notarized request form as furnished by the Division and include a clearly legible, color copy, of government-issued picture identification confirming the individual's identity; and b) increases from one to three the number of active third parties that an individual may designate to receive notice. Section R156- 37f-303: These proposed amendments: 1) update the reference to the interface with the database as the "Division-approved Prescription Monitoring Program (PMP) Hub system"; and 2) clarify that to access information in the database via an electronic data system (EDS), the user must register to use the database by creating an approved account established by the Division pursuant to a memorandum of understanding with the Division, and must use the unique username and password associated with the account. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Section R156-37f-102: These proposed amendments are not expected to impact state revenues or expenditures because these new definitions merely encompass current industry standards. Section R156- 37f-203: These proposed amendments will apply to persons who provide pharmacy services and dispense controlled substances. This may include certain state government entities acting as businesses. However, because these amendments only make minor adjustments regarding required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018), the Division estimates that these proposed amendments will have no impact on the state budget. Sections R156-37f-301 and R156-37f-303: These proposed amendments, which update this rule to clarify standards and encompass current requirements for access to Database information, are not expected to have any impact on the state budget beyond a potential time savings for Division staff due to better explanation of the procedures that must be followed for requests and an improvement in the quality of information that will be provided to the staff. However, the exact savings cannot be estimated as it will vary depending on the circumstances and the nature of the requests that are made, and the relevant data is unavailable. Any savings will be absorbed within the Division's current budget. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments to Section R156-37f-203 may impact persons who provide pharmacy services and dispense controlled substances, which may include certain local government entities acting as businesses. However, because these amendments only make minor adjustments regarding required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018), the Division estimates that these proposed amendments will have no impact on local governments. None of the other amendments are expected to impact local governments' revenues or expenditures because they do not apply to local governments. - SMALL BUSINESSES: The Database collects data on the dispensing of Schedule II-V drugs from retail, institutional, and outpatient hospital pharmacies, and in-state/out-of-state mail order pharmacies. There are approximately 521 small business Class A pharmacies, 274 small business Class B pharmacies, 723 small business Class D pharmacies, and 573 small business Class E pharmacies licensed in Utah, and if any of these are involved in dispensing controlled substances they will be required to comply with these proposed amendments to Section R156-37f-203. For a complete listing of the NAICS codes used in this analysis, please contact the Division. However, the Division does not expect these amendments to impact the revenues or expenditures of these small businesses because these amendments only make minor adjustments to required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018). Additionally, the Division does not expect any of the other proposed amendments to impact small businesses' revenues or expenditures because the other amendments merely ensure that this rule encompasses current definitions, standards, and practices and procedures with respect to access to Database information. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Sections R156-37f-102: These proposed amendments are not expected to impact other persons because these new definitions merely encompass current industry standards. Section R156-37f-203: These proposed amendments will apply to the estimated 3,774 licensed pharmacists that provide pharmacy services and dispense controlled substances. However, because these proposed amendments only make minor adjustments to required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018), the Division estimates that these amendments will have no impact on these licensees. Section R156-37f-301: These proposed amendments are not expected to impact other persons because they merely update this rule to encompass current standards, and practices and procedures for access to Database information. These changes and clarifications will apply to individuals who choose to request information regarding the individual's records contained within the Database, and to individuals who wish to have the Division provide notice to third parties regarding the dispensing of controlled substances to those individuals. In addition, these amendments will apply to any third parties who choose to make such requests on behalf of such individuals. There could be a potential time savings and corresponding financial savings for these persons due to the clarification of the request procedures to be followed, but an amount cannot be estimated as it will vary substantially from person to person depending on each individual's circumstances and the nature of each request, and the relevant data is unavailable. Overall, the Division still expects that these amendments will have no aggregate impact on these other persons because Database staff already follows the practices and procedures provided in these amendments, including requiring requesters to submit an original signed and notarized request form as furnished by the Division, and to provide satisfactory documentation confirming the requester's identity and authority. Section R156-37f-303: These proposed amendments will apply to EDS users who wish to access Database information via the EDS, but these amendments are not expected to impact these persons because they merely update this rule to encompass current EDS access terms and standards. COMPLIANCE COSTS FOR AFFECTED PERSONS: Sections R156-37f-102: These proposed amendments are not expected to impose any compliance costs for affected persons because these new definitions merely encompass current industry standards. Section R156-37f-203: These proposed amendments will apply to a licensed pharmacist that provides pharmacy services and dispenses controlled substances. However, because these proposed amendments only make minor adjustments to required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018), the Division estimates that these amendments will have no compliance costs for these affected persons. Sections R156-37f-301 and R156-37f-303: The Division does not expect any of these proposed amendments to impose compliance costs on any affected persons because these amendments merely ensure that this rule encompasses current definitions, standards, and practices and procedures with respect to access to Database information. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments update this rule regarding the data to be reported to the Controlled Substance Database, pursuant to H.B. 158 (2018), which modified requirements for providing information to the Division for inclusion in the Database. These proposed amendments also update this rule to encompass current definitions, standards, and practices and procedures with respect to access to Database information and make non-substantive formatting changes for comprehensibility. The Database collects data on the dispensing of Schedule II-V drugs from retail, institutional, and outpatient hospital pharmacies, and in- state/out-of-state mail order pharmacies. There are approximately 521 small business Class A pharmacies, 274 small business Class B pharmacies, 723 small business Class D pharmacies, and 573 small business Class E pharmacies licensed in Utah. If any of these are involved in dispensing controlled substances, they will be required to comply with these proposed amendments to Section R156-37f-203. However, the Division does not expect these amendments to impact the revenues or expenditures of these small businesses because these amendments only make minor adjustments to required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018). Additionally, the Division does not expect any of the other proposed amendments to impact small businesses revenues or expenditures because the other amendments merely ensure that this rule encompasses current definitions, standards, and practices and procedures with respect to access to Database information. Non-Small Businesses. The Database collects data on the dispensing of Schedule II-V drugs from retail, institutional, and outpatient hospital pharmacies, and in- state/out-of-state mail order pharmacies. There are approximately 10 non- small business Class A pharmacies, 5 non-small business Class B pharmacies, 15 non-small business Class D pharmacies, and 12 non-small business Class E pharmacies licensed in Utah. If any of these are involved in dispensing controlled substances, they will be required to comply with these proposed amendments to Section R156-37f-203. However, the Division does not expect these amendments to impact the revenues or expenditures of these non-small businesses because these amendments only make minor adjustments to required submissions to encompass current industry standards, in accordance with the Controlled Substance Database Act as amended by H.B. 158 (2018). The proposed amendment to Section R156-37f-301, that deletes the requirement that the written designation provided to the Division by a practitioner and hospital operating an emergency department include the names of all emergency department practitioners employed at the hospital, will apply to an estimated 91 non-small business facility hospitals or HMO medical centers (NAICS 622110). This amendment is expected to create a slight time savings and corresponding financial savings for these non-small businesses. However, the amount cannot be estimated as it will vary substantially depending on the characteristics of each emergency department. The Division does not expect any of the other proposed amendments to impact non-small businesses revenues or expenditures because the other amendments merely ensure that this rule encompasses current definitions, standards, and practices and procedures with respect to access to Database information. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - David Furlong by phone at 801-530-6608, by FAX at 801-530-6511, or by Internet E-mail at dfurlong@utah.gov - Ronald Larsen by phone at 801-530-6197, by FAX at 801-530-6511, or by Internet E-mail at ronaldlarsen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/20/2018 09:30 AM, 160 East 300 South, Conference Room 464 (4th floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43353.htm No. 43279 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-55a-102, these technical changes simplify the applicable cross-references to certain acronyms. In Section R156-55a-103, these changes clarify the other profession-specific statute from which rule authority is derived. In Section R156-55a-301, technical and grammatical changes to the classification scope of practices are made including elimination of superfluous language, clarifying scope of practice, and correction of cross-references. Substantive changes are as follows: B100 General Building Contractor classification scope of practice has been clarified that it includes the scope of practice of every specialty contractor except for E202 and S354. R101 Residential and Small Commercial Non Structural Remodeling and Repair classification is clarified to reflect that the $50,000 total cost includes labor and materials. E202 Solar Photovoltaic scope of practice is modified eliminating the distinction between E202 Solar Photovoltaic Contractors, who obtained that classification between January 1, 2009 and April 25, 2011, and treats those similar to other E202 classification holders. P200 General Plumbing Contractor classification scope of practice is clarified to reflect that the scope includes from the building to the main water, sewer, or gas line. S220 Carpentry Contractor classification is clarified to include metal and metal products. S230 Siding Contractor, which already includes the S231 Rain Gutter classification, is clarified to include rain gutters, roof flashing, gravel stops, and metal ridges. S240 Glass and Glazing Contractor classification scope of practice is clarified to eliminate mirrors within the scope of practice as that is exempt, and clarify that glass substitutes are included. S260 General Concrete Contractor classification scope of practice is clarified to include injecting, spraying, resurfacing, and sealing of concrete, grouting, coatings, and sealants. S280 General Roofing Contractor classification scope of practice is clarified to include non-electrical skylights and electrical skylights provided that the electrical connection is performed by a licensed electrical contractor. S330 Landscaping Contractor classification scope of practice is clarified to include closed culinary systems or closed-loop systems provided a backflow preventer is installed by licensed plumber; and expands the scope of practice to include decks and incidental concrete work. S380 Swimming Pool and Spa Contractor classification scope of practice is clarified to reflect that it does not include plumbing or electrical work but that the S380 contractor may subcontract for the plumbing and electrical for their projects; and that their scope of practice includes closed culinary systems or closed-loop systems provided a backflow preventer is installed by licensed plumber. S460 Wrecking and Demolition Contractor classification scope of practice is clarified to include matters appurtenant or incidental to any building or structure. S490 Wood Flooring Contractor classification is renamed to Flooring Contractor and is expanded to include laminate, tile, and wood product flooring. S700 Specialty License Contractor is renamed to Limited Scope License classification and is clarified to require an explanation from the applicant why the requested scope of practice is not included in any other current classification or not otherwise exempt. Subsection (3)(a) is clarified that specialty contractors are confined to the field and scope of work as outlined by the Division of Occupational and Professional Licensing (Division). Subsection (b) is clarified to reflect that a specialty contractor may subcontract with a specialty contractor that holds the same classification. Subsection (4)(a) is clarified to reflect that an R101 Residential and Small Commercial Non- Structural Remodeling and Repair contractor may not have any other specialty classifications. Subsection (6) is clarified to reflect that a licensee with a primary classification may subcontract with a licensee with an included subclassification. Subsection (7) is clarified to reflect that low voltage electrical is 49 volts or less; and that a utility shed or gazebo that is not attached to a residential or commercial building or a foundation is exempt from licensure; Subsection (7) is also clarified to expand the exemptions from licensure: to include installation or removal of weather-stripping that does not include moisture vapor barriers; installation and removal of mirrors; installation of awnings and canopies; pallet racking or metal shelving; and seismic strapping. Amendments made in Section R156-55a-302a clarifies that the National Association of State Contractors Licensing Agencies (NASCLA) Contractor Exam, which was already approved by the Construction Services Commission as substantially equivalent to the Utah exam, satisfies the exam requirement for the B100 or R100. The amendments made in Section R156-55a-302b eliminate the 10-year look-back period from which the two years of experience must be obtained. These changes also clarify that qualifying experience does not include exempt or unlicensed activities, is not qualifying if the person is incarcerated, and that qualifying experience includes military experience regardless of licensure. In Section R156-55a-302c, grammatical changes clarify that instructors in electrical and plumbing trades facilities must have master or residential licensure. In Section R156-55a-302d, these changes clarify that the liability insurance must be in effect for the entire duration of active licensure, and eliminate the requirement to list the Division as the certificate holder. Changes in Section R156- 55a-303a require all contractors to renew their license online unless permitted otherwise by the Division in writing. In Section R156-55a- 303b, grammatical, non-substantive changes are made for correctness, readability, and comprehension. Changes in Section R156-55a-304 clarify that qualifiers are subject to limitations on the number of classifications that they may hold. Grammatical, non-substantive changes are made in Section R156-55a-305 for correctness, readability, and comprehension. In Section R156-55a-305a, these changes correct a statutory cross-reference. Technical changes in Section R156-55a-306 clarify that the financial responsibility of the qualifier is included along with the owner, licensee, and applicant; and also clarifies that the tri-merged credit report is not solely required from the National Association of Credit Management (NACM). In Section R156-55a-308a, grammatical, non-substantive changes are made for correctness, readability, and comprehension. In Section R156-55a-308b(2), changes clarify and add that the Rocky Mountain Gas Association and the Home Builders Association of Utah are additional approved education providers for the Natural Gas Technician training. The other changes are grammatical, non-substantive changes for correctness, readability, and comprehension and correct cross-references. Section R156-55a-309 is deleted as it is unnecessary. Grammatical, non-substantive changes are made in Section R156-55a-311 for correctness, readability, and comprehension. In Section R156-55a-312, changes remove the six-year time limit on inactive status, and other grammatical, non-substantive changes are made for correctness, readability, and comprehension. Section R156- 55a-401 is deleted as this section is unnecessary. Unprofessional Conduct, in Section R156-55a-501, is expanded to include: failing to notify the Division within 10 days of any change of the name, address, phone number or email address of the qualifiers or owners; within 30 days of a request, failing to provide documents to the Division or a person that has reasonable basis to make a claim with proof of the licensee’s insurance policy and information; failing to provide license number when requested; failing within 30 days after requested by the Division to provide documents requested to determine compliance with any section under Title 58, Chapter 1 and Chapter 55; failure of electrical or plumbing contractors to timely and accurately certify the hours of work experience for employees; failure of a contractor to timely and accurately verify work experience for a contractor application requested by a current or former employee; failure of qualifier, owner, applicant, or licensee to be knowledgeable of the laws and rules of their profession; licensees failing to carry a copy of their current license or license number while performing work; failure of owner, qualifier, or licensee who advises a person or applicant concerning an exam, unless the person is an instructor at a certain institution and is disclosed and approved by the Commission; using, hiring, or contracting with a professional employer organization that is not licensed with the Utah Insurance Department. Changes in Section R156-55a-504 eliminate superfluous language and are non-substantive. In Section R156-55a-602 technical changes clarify that the financial responsibility of the qualifier is included for bond requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies shall be directly or indirectly affected by these rule changes because these proposed changes will not result in any significant increase or decrease in administrative costs or revenue compared to the currently anticipated costs and revenues. Additionally, there are no state government entities acting as businesses that will be significantly impacted by these changes. Accordingly, this rule is not expected to impact the state beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: Local governments will neither enforce nor be affected by the processes and requirements implemented by this rule, nor will local governments be indirectly impacted because none of these amendments create a situation requiring services from local governments. Therefore, no cost or savings to local governments are anticipated. - SMALL BUSINESSES: Since most of these changes are grammatical or non- substantive, those changes will have no impact on small businesses. The U.S. Census North American Industry Classification System (NAICS) was searched and several relevant NAICS codes were identified including: 236115, 236116, 236117, 236118, 236210, 236220, 237120, 237990, 238111, 238112, 238121, 238122, 238131, 238132, 238141, 238142, 238151, 238152, 238161, 238162, 238171, 238172, 238191, 238211, 238212, 238221, 238222, 238311, 238312, 238321, 238322, 238331, 238332, 238341, 238342, 238351, 238352, 238381, 238392, 238911, 238912, 238991,238992. Department of Workforce Services (DWS) Firm Find was referenced in compiling this information. DWS Firm Find indicates that a total of 216 medium and large businesses and 9,781 small businesses in Utah. Notwithstanding the number of small businesses based on the NAICS codes, the analysis herein does not change. With respect to the substantive changes: First, small businesses may be impacted by the expanded or clarified scope of practice for various classifications. These impacts are impossible to determine because the clarification and expansion of the applicable classifications does not necessarily result in a net increase or decrease of cost or value to the licensee or applicant. Second, small businesses may be impacted by required online renewal. These impacts are impossible to determine because the online renewal requirement may result in some increased cost to the licensee because of technology requirements or other logistic reasons but it will also result in cost savings, licensee efficiencies of time, faster renewal processing, decreased delay in licensure renewal, and increased customer service. Third, small businesses may be impacted by additional provisions of unprofessional conduct. However, since there is no fine authority attached to these additional unprofessional conduct provisions, there is no direct cost attributable except that the provisions may be used in future disciplinary matters for justification for disciplinary action. Additionally, future violations of unprofessional conduct cannot be quantified. Fourth, small businesses may be impacted by the Utah Home Builders Association of Utah providing Natural Gas Technician training. These impacts may have no net positive or negative effect because additional options for training will now be available but will most likely be at similar costs to the licensees or prospective licensees, resulting in no additional financial cost or benefit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since most of these changes are grammatical or non-substantive, those changes will have no impact on other persons. With respect to the other changes, there is no perceivable impact these rule amendments will have on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: Since most of these changes are grammatical or non-substantive, those changes will have no compliance costs for any affected persons and will have a similar impact on small businesses. With respect to the other changes, there is no perceivable compliance cost from these rule amendments for any affected persons and will have similar impacts on small businesses, other than those noted above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this rule filing is to make extensive technical and substantive changes in this rule as approved by the Construction Services Commission. These changes affect a broad range of sections as follows: Section R156-55a-102: These technical changes simplify the applicable cross-references to certain acronyms. Section R156-55a-103: This change clarifies the other profession-specific statute from which rule authority is derived. Section R156-55a-301: Makes technical and grammatical changes to the classification scope of practices, including elimination of superfluous language, clarifying scope of practice, and correction of cross-references. Section R156-55a- 302a: Clarifies that the NASCLA Contractor Exam (which was already approved by the Construction Services Commission as substantially equivalent to the Utah exam), satisfies the exam requirement for the B100 or R100 classifications. Section R156-55a-302b: These changes eliminate the 10-year look-back period in which the two years of experience must be obtained. These changes also clarify that qualifying experience does not include exempt or unlicensed activities, is not qualifying if the person is incarcerated, and that qualifying experience includes military experience, regardless of licensure. Section R156-55a-302c: These grammatical changes clarify that instructors in electrical and plumbing trades facilities must have master or residential licensure. Section R156-55a-302d: These changes clarify that liability insurance must be in effect for the entire duration of active licensure and eliminate the requirement to list the Division as the certificate holder. Section R156-55a-303a: These changes require all contractors to renew their license online unless permitted otherwise by the Division in writing. Section R156-55a-303b, Section R156-55a-305, Section R156-55a-308a, and Section R156-55a-311: These are grammatical, non-substantive changes for correctness, readability, and comprehension. Section R156-55a-304: These changes clarify that qualifiers are subject to limitations on the number of classifications that they may hold. Section R156-55a-305a: This change corrects a statutory cross-reference. Section R156-55a-306: These technical changes clarify that the financial responsibility of the qualifier is included along with the owner, licensee, and applicant; and also clarifies that the tri-merged credit report is not solely required from NACM. Section R156-55a-308b: In subsection (2), these changes clarify and add that the Rocky Mountain Gas Association and the Home Builders Association of Utah are additional approved education providers for the Natural Gas Technician training. The other changes are grammatical, non-substantive changes for correctness, readability, and comprehension, and correct cross-references. Section R156-55a-309 and Section R156-55a-401: These changes delete these two sections as they are unnecessary. Section R156-55a-312: These changes remove the six-year time limit on inactive status and make other grammatical, non-substantive changes for correctness, readability, and comprehension. Section R156- 55a-501: The definition of Unprofessional Conduct is expanded to include: failing to notify the Division within 10 days of any change of the name, address, phone number, or email address of the qualifiers or owners; within 30 days of a request, failing to provide documents to the Division or a person that has a reasonable basis to make a claim with proof of the licensee’s insurance policy and information; failing to provide license number when requested; failing within 30 days after requested by the Division to provide documents requested to determine compliance with any section under Title 58, Chapter 1 and Chapter 55; failure of an electrical or plumbing contractor to timely and accurately certify the hours of work experience for employees; failure of a contractor to timely and accurately verify work experience for a contractor application requested by a current or former employee; failure of qualifier, owner, applicant, or licensee to be knowledgeable of the laws and rules of their profession; licensee failing to carry a copy of their current license or license number while performing work; failure of owner, qualifier, or licensee who advises a person or applicant concerning an exam, unless the person is an instructor at a certain institution and is disclosed and approved by the Commission; using, hiring, or contracting with a professional employer organization that is not licensed with the Utah Insurance Department. Section R156-55a-504: These changes eliminate superfluous language and are non-substantive. Section R156-55a-602: These technical changes clarify that the financial responsibility of the qualifier is included for bond requirements. Small businesses fiscal impact: The many grammatical and non-substantive changes will have no impact on small businesses. The U.S. Census North American Industry Classification System (NAICS) was searched and several relevant NAICS codes were identified, including: 236115, 236116, 236117, 236118, 236210, 236220, 237120, 237990, 238111, 238112, 238121, 238122, 238131, 238132, 238141, 238142, 238151, 238152, 238161, 238162, 238171, 238172, 238191, 238211, 238212, 238221, 238222, 238311, 238312, 238321, 238322, 238331, 238332, 238341, 238342, 238351, 238352, 238381, 238392, 238911, 238912, 238991 and 238992. Department of Workforce Services (DWS) Firm Find was referenced in compiling this information. DWS Firm Find indicates that a total of 9,781 small businesses in Utah will be impacted by these changes. Notwithstanding the number of small businesses based on the NAICS codes, the analysis herein does not change with regard to the grammatical and non-substantive changes. With respect to the substantive changes in the rule: First, small businesses may be impacted by the expanded or clarified scope of practice for various classifications. These impacts are impossible to determine because the clarification and expansion of the applicable classifications does not necessarily result in a net increase or decrease of cost or value to the licensee or applicant. Second, small businesses may be impacted by required online renewal. These impacts are impossible to determine because the online renewal requirement may result in some increased cost to the licensee because of technology requirements or other logistical reasons, but it will also result in cost savings, licensee efficiencies of time, faster renewal processing, decreased delay in licensure renewal, and increased customer service. Third, small businesses may be impacted by additional provisions of unprofessional conduct. However, since there is no fine authority attached to these additional unprofessional conduct provisions, there is no direct cost attributable except that the provisions may be used in future disciplinary matters for justification for disciplinary action. Additionally, future violations of unprofessional conduct cannot be quantified. Only businesses that are in violation of this rule will be impacted. Fourth, small businesses may be impacted by the Utah Home Builders Association of Utah providing Natural Gas Technician training. These impacts may have no net positive or negative effect because additional options for training will now be available but will most likely be at similar costs to the licensees or prospective licensees, resulting in no additional financial cost or benefit. Non-small businesses fiscal impact: The DWS Firm Find search indicates that a total of 216 non-small businesses will be affected by these rule changes. The fiscal impact analysis as to non-small businesses is the same as provided above with regard to small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/28/2018 09:15 AM, 160 East 300 South, Conference Room 474 (4th floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43279.htm No. 43318 (Amendment): R156-63a. Security Personnel Licensing Act Contract Security Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-63a-102 these proposed changes remove the definition of "supervised on the job training", because on the job training is no longer accepted. It was removed with a previous rule filing but the definition was missed. In Section R156-63a- 304 the continuing education requirements are modified as follows: 1) The elective coursework topics that were deleted from Section R156-63a-603 basic education and training requirements have been incorporated here. The CPR/AED/first-aid topics are included in newly defined "core" continuing education topics, and the remaining elective topics are included in the newly defined "professional" continuing education topics. 2) The required continuing education hours have been increased from 16 hours to 32 hours. A minimum of 16 hours shall consist of education covering one or more of "core" continuing education topics; the remaining hours may consist of "professional" or "core" continuing education topics. "Core" continuing education is defined as the existing continuing education topics and new first-aid topics. "Professional" continuing education is defined as education covering one or more of the newly incorporated elective topics. 3) Credit for continuing education is further clarified and established as follows: i) two hours are allowed for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received (core, professional, or firearms education and training) is based on the subject taught; ii) one core continuing education hour is allowed for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period; and iii) Internet continuing education is now referenced on the required continuing education completion certificate. 4) It is clarified that continuing education requirements may not be satisfied by the education and training programs required to obtain initial licensure. 5) Formatting changes are made throughout for clarity. In Section R156-63a-502 these proposed amendments add to the definition of "unprofessional conduct" failing as an armed or unarmed private security officer to complete required continuing education hours. In Section R156-63a-602 these proposed amendments delete the subsection granting continuing education credit to instructors, because this provision has been incorporated into R156-63a- 603. The approved basic education and training program requirements are modified in Section R156-63a-603 as follows: 1) programs must now have a minimum of eight hours of classroom or online instruction, instead of a minimum of 24 hours; 2) the provision requiring eight hours of elective coursework is deleted, and the elective coursework topics themselves are deleted; 3) formatting changes are made throughout for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state government entities will be directly affected by these amendments because the constrained parties consist only of licensed armed or unarmed private security officers and the businesses that employ them. Additionally, there are no state government entities acting as businesses that will be impacted. State government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these rule amendments are not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the rule and updating current rule posting locations and materials once these proposed amendments are made effective. - LOCAL GOVERNMENTS: No local government entities will be directly affected by these amendments because the constrained parties consist only of licensed armed or unarmed private security officers and the businesses that employ them. Additionally, there are no local government entities acting as businesses that will be impacted. Local government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these rule amendments are not expected to impact local governments. - SMALL BUSINESSES: There are a total of 68 licensed security businesses in Utah (NAICS 561612), of which approximately 48 are small businesses. These small businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. Small businesses could incur costs for additional training courses, training materials, and course completion certificates because many in this industry have traditionally provided training for their employees or covered all or part of the cost of such training, even though they are not required to do so. The cost to an employer of providing or paying for a course can vary widely depending on the length of course and number of attendees, so an actual monetary amount is unable to be determined. However, an estimation of potential course costs was made by contacting a sample of employers. It was estimated that, on average, it may cost a small business approximately $50 more per year to provide and/or pay for a full in-person course of training that contains the required additional 16 hours of continuing education per two-year renewal cycle. However, it was also determined that this cost may be reduced or even eliminated because these proposed amendments may also cause some small businesses to opt to use an outside program for training, which could be more cost effective than their current practice of maintaining their own training. These costs are listed in the "Other Persons" line item below, as it is the fiscal responsibility of the individual licensee to obtain and pay for continuing education courses. As a practical matter however, many of the contract security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line item. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non-Small Business" line items in the table. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are currently 1,817 armed private security officers and 5,208 unarmed private security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two- year renewal period that will be required for them to keep active licensure. As continuing education courses in this industry vary substantially in composition and cost, the fiscal impact these licensees may experience is difficult to quantify as it will depend entirely on the courses offered by various employers and by third parties, and on licensees' choices regarding which courses to take. However, an estimation of average course costs was made by contacting a sample of course providers and employers. It was estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four-block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 7,025 armed and unarmed private security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $307,344 ongoing (average additional fees of $43.75 annually x 7,025 licensees). Again, however, licensees will only incur these costs if their employers decide not to provide their own training or to cover all or any part of such costs. Furthermore, licensees who choose to instruct a course or serve on certain state or national boards may receive continuing education credit for their service, up to certain hour limits. The amount of this potential savings to licensees is inestimable as it will vary substantially depending on individual licensee characteristics and choices. In sum, although the Division estimates that there will be an ongoing fiscal impact to these other persons, the full net impact cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes may have an ongoing fiscal cost for a licensed security officer due to the additional 16 hours of continuing education that will be required per two-year renewal period for the licensee to keep active licensure. As described above for other persons, a licensee could experience a total cost between $37.50 to $50 per year ongoing. Again, however, a licensee will only incur this cost if the licensee's employer chooses not to provide the training, or to pay any of the costs associated with additional training courses, training materials, or certificates. Furthermore, if the licensee chooses to instruct a course or serve on certain state or national boards, the licensee will receive continuing education credit for such service up to certain hour limits. In sum, although the Division estimates that there will be an ongoing compliance cost for a licensed security officer, the full compliance cost cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: S.B. 197, passed during the 2018 General Legislative Session, amended the Security Personnel Licensing Act (Act) with respect to the basic education and training hours required for initial licensure as an armed or unarmed private security officer. The Act now requires "a minimum of eight" hours of classroom or online curriculum instead of 24 hours. In accordance with this legislative guidance, and pursuant to the review and recommendations of the Security Services Licensing Board to improve private security officer education and training, these proposed rule amendments modify the initial basic education and training requirements. In this regard, the initial basic education and training requirements are reduced to reflect the change in the statute. The continuing education requirements for private security officers are increased by these amendments from 16 hours for a two year period to 32 hours for a two year period. There are a total of 68 licensed security businesses in Utah (NAICS 561612), of which approximately 48 are small businesses. There are currently 1,817 armed private security officers and 5,208 unarmed private security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two- year renewal period that will be required for them to keep active licensure. It is estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four- block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 7,025 armed and unarmed private security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $307,344 ongoing (average additional fees of $43.75 annually x 7,025 licensees). These costs are listed in the "Other Persons" line item on the table below, as it is the fiscal responsibility of the individual licensees to obtain and pay for continuing education courses. As a practical matter, however, many of the private security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-small Business" line items. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non- small Business" line items in the table. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/13/2018 09:00 AM, 160 East 300 South, Conference Room 402 (4th floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43318.htm No. 43319 (Amendment): R156-63b. Security Personnel Licensing Act Armored Car Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-63b-102 these proposed changes remove the definition of "supervised on the job training", because on the job training is no longer accepted. It was removed with a previous rule filing but the definition was missed. In Section R156-63b- 304 the continuing education requirements are modified as follows: 1) The elective coursework topics that were deleted from Section R156-63b-603 basic education and training requirements have been incorporated here. The CPR/AED/first-aid topics are included in newly defined "core" continuing education topics, and the remaining elective topics are included in the newly defined "professional" continuing education topics. 2) The required continuing education hours have been increased from 16 hours to 32 hours. A minimum of 16 hours shall consist of education covering one or more of "core" continuing education topics; the remaining hours may consist of "professional" or "core" continuing education topics. "Core" continuing education is defined as the existing continuing education topics and new first-aid topics. "Professional" continuing education is defined as education covering one or more of the newly incorporated elective topics. 3) Credit for continuing education is further clarified and established as follows: i) two hours are allowed for each hour of lecturing, training, or instructing a course, if it is the first time the material has been taught during the preceding 12 months, up to a maximum of 12 hours during each two-year renewal period; the type of credit received (core, professional, or firearms education and training) is based on the subject taught; ii) one core continuing education hour is allowed for each hour of service on the Contract Security Services Licensing Board, a state or national security board, or the Contract Security Education Advisory Peer Committee, up to a maximum of six hours during each two-year renewal period; and iii) Internet continuing education is now referenced on the required continuing education completion certificate. 4) It is clarified that continuing education requirements may not be satisfied by the education and training programs required to obtain initial licensure. 5) Formatting changes are made throughout for clarity. In Section R156-63b-502 these proposed amendments add to the definition of "unprofessional conduct" failing as an armored car security officer to complete required continuing education hours. In Section R156-63b-602 these proposed amendments delete the subsection granting continuing education credit to instructors, because this provision has been incorporated into R156-63b-603. The approved basic education and training program requirements are modified in Section R156-63b-603 as follows: 1) programs must now have a minimum of eight hours of classroom or online instruction, instead of a minimum of 24 hours; 2) the provision requiring eight hours of elective coursework is deleted, and the elective coursework topics themselves are deleted; 3) formatting changes are made throughout for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state government entities will be directly affected by these amendments because the constrained parties consist only of licensed armored car security officers and the businesses that employ them. Additionally, there are no state government entities acting as businesses that will be impacted. State government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these rule amendments are not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute this rule and updating current rule posting locations and materials once these proposed amendments are made effective. - LOCAL GOVERNMENTS: No local government entities will be directly affected by these amendments because the constrained parties consist only of licensed armored car security officers and the businesses that employ them. Additionally, there are no local government entities acting as businesses that will be impacted. Local government entities that employ security businesses could experience an indirect fiscal cost if the security businesses they hire have greater expenses due to increased employee continuing education requirements and choose to pass those expenses on to customers. However, based on Board members' discussions with industry participants and businesses, it was determined that these increased costs, if any, would not be passed on to security business customers, especially given that security businesses retain complete discretion as to whether and how to provide any continuing education training to their employees. As a result, these proposed rule amendments are not expected to impact local government. - SMALL BUSINESSES: There are a total of eight licensed armored car security businesses in Utah (NAICS 561613), six of which are small businesses. These small businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. These small businesses could incur costs for additional training courses, training materials, and course completion certificates because they have traditionally provided training for their employees or covered all or part of the cost of training, even though they are not required to do so. The cost to an employer of providing or paying for a course can vary widely depending on the length of course and number of attendees, so an actual monetary amount is unable to be determined. However, an estimation of potential course costs was made by contacting a sample of employers. It was estimated that, on average, it may cost a small business approximately $50 more per year to provide and/or pay for a full in- person course of training that contains the required additional 16 hours of continuing education per two-year renewal cycle. However, it was also determined that this cost may be reduced or even eliminated because these proposed amendments may also cause some small businesses to opt to use an outside program for training, which could be more cost effective than their current practice of maintaining their own training. These costs are listed in the "Other Persons" line item below, as it is the fiscal responsibility of the individual licensee to obtain and pay for continuing education courses. As a practical matter however, many of the armored car security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line item. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non-Small Business" line items in the table. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are currently 463 armored car security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two-year renewal period that will be required for them to keep active licensure. As continuing education courses in this industry vary substantially in composition and cost, the fiscal impact these licensees may experience is difficult to quantify as it will depend entirely on the courses offered by various employers and by third parties, and on licensees' choices regarding which courses to take. However, an estimation of average course costs was made by contacting a sample of course providers and employers. It was estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four-block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 463 armored car security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $20,256 ongoing (average additional fees of $43.75 annually x 463 licensees). Again, however, licensees will only incur these costs if their employers decide not to provide their own training or to cover all or any part of such costs. Furthermore, licensees who choose to instruct a course or serve on certain state or national boards may receive continuing education credit for their service, up to certain hour limits. Accordingly, the amount of this potential savings to licensees is inestimable as it will vary substantially depending on individual licensee characteristics and choices. In sum, although the Division estimates that there will be an ongoing fiscal impact to these other persons, the full net impact cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes may have an ongoing fiscal cost for a licensed armored car security officer due to the additional 16 hours of continuing education that will be required per two-year renewal period for the licensee to keep active licensure. As described above for other persons, a licensee could experience a total cost between $37.50 to $50 per year ongoing. Again, however, a licensee will only incur this cost if the licensee's employer chooses not to provide the training, or to pay any of the costs associated with additional training courses, training materials, or certificates. Furthermore, if the licensee chooses to instruct a course or serve on certain state or national boards, the licensee will receive continuing education credit for such service up to certain hour limits. In sum, although the Division estimates that there will be an ongoing compliance cost for a licensed armored car security officer, the full compliance cost cannot be estimated as the relevant data is unavailable and the cost of acquiring the relevant data is prohibitively expensive. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: S.B. 197, passed during the 2018 General Legislative Session, amended the Security Personnel Licensing Act (Act) with respect to the basic education and training hours required for initial licensure as an armored car security officer. The Act now requires "a minimum of eight" hours of classroom or online curriculum instead of 24 hours. In accordance with this legislative guidance, and pursuant to the review and recommendations of the Security Services Licensing Board (Board) to improve armored car security officer education and training, these proposed rule amendments modify the initial basic education and training requirements. In this regard, the initial basic education and training requirements are reduced to reflect the change in the statute. The continuing education requirements for armored car security officers are increased by these amendments from 16 hours for a two year period to 32 hours for a two year period. There are a total of eight licensed armored car security businesses in Utah (NAICS 561613), six of which are small businesses. These eight businesses may experience an indirect fiscal cost from the additional 16 hours of continuing education training that will be required for their employees to keep active licensure. There are currently 463 armored car security officers in Utah. These proposed rule changes may have an ongoing fiscal cost for these licensed security officers due to the additional 16 hours of continuing education per two- year renewal period that will be required for them to keep active licensure. It is estimated that average costs to course attendees, if they were required to pay for all of their training for the full additional 16 hours required by these proposed amendments, would range between $75 (for a licensee earning 16 hours by attending a 16-hour course) and $100 (for a licensee earning 16 hours by attending four four- block-hour courses at $25 each). Therefore, a licensee could experience a total cost of approximately $37.50 to $50 per year ongoing. Based on the current total of 463 armored car security officers in Utah, if it were assumed that every one of these licensees had to pay for all of their additional continuing education training, the licensees could experience a fiscal cost of approximately $20,256 ongoing (average additional fees of $43.75 annually x 463 licensees). These costs are listed in the "Other Persons" line item in the table below, as it is the fiscal responsibility of the individual licensees to obtain and pay for continuing education courses. As a practical matter, however, many of the of the armored car security businesses in Utah pay for, or provide, all or some of the continuing education for their employees. As a consequence, an indirect fiscal impact is actually being experienced by the small and non-small businesses in Utah, which could move the fiscal costs out of the "Other Persons" line item to the "Small Business" and "Non-Small Business" line items. It is not possible to predict when or if such burden will be passed from the businesses to the individual licensees, and so no dollar amounts are reflected in the "Small Business" and "Non-Small Business" line items in the table. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 12/13/2018 09:00 AM, 160 East 300 South, Conference Room 402 (4th floor), Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43319.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43335 (New Rule): R357-3. Economic Development Tax Increment Financing Rule. SUMMARY OF THE RULE OR CHANGE: Section R357-3-102: This section creates definitions that will be used to administer the program. Section R357-3- 103: This section references the authority granted in the statutory language that permits rule writing authority. Section R357-3-104: This section outlines the form and content of the application for participation in the program. Section R357-3-105: This section outlines the factors to be considered in authorizing an Economic Development Tax Credit Award. Section R357-3-106: This section outlines the economic development tax credit process. Section R357-3-107: This section outlines the tax credit offer or contract modification of process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. These changes merely codify the procedures the Governor's Office of Economic Development (Office) has historically used. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. These changes merely codify the procedures the Office has historically used. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. These changes merely codify the procedures the Office has historically used. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. These changes merely codify the procedures the Office has historically used. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. These changes merely codify the procedures the Office has historically used. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not result in fiscal impact to businesses. These changes merely codify the procedures the Office has historically used to administer the program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43335.htm No. 43350 (Amendment): R357-15. Enterprise Zone Tax Credit. SUMMARY OF THE RULE OR CHANGE: Section R357-15-2: clarifies definitions to the investment of qualifying tangible property is the amount of acquisition cost less trade-in allowance, and adds definitions to software, qualified business use vehicle, payment documentation, and purchase documentation. Section R357-15-4: clarifies the application process and required documentation. Section R357-15-5: clarifies that the administrator may deny a tax credit for the trade-in allowance of a vehicle, certain software purchases, applications older than three years, and fixed assets purchased from another entity with the same ownership. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will result in a benefit to the state budget by reducing the amount of a tax credit that can be claimed by a business or individual in cases where a purchase of a fixed asset accompanies a trade-in of another asset or when a sale and purchase of an asset is from the same owner of a business entity. The amount of savings cannot be quantified because the office does not have access to the actual tax credits claimed and deduction to state tax liability that is a result of the tax credits claimed. - LOCAL GOVERNMENTS: These rule changes will not result in a direct cost or benefit to local governments because of tax credit impacting only the state portion of revenue. - SMALL BUSINESSES: These rule changes will cause a direct cost to business owners in comparison with previous years through increased tax liability by not receiving a reduced tax credit in cases where a purchase of a fixed asset accompanies a trade-in of another asset or when a sale and/or purchase of an asset is from the same owner of a business entity. Estimates are $200,000 in direct cost to the 75 to 100 small businesses that have a trade-in as part of a purchase and apply for the enterprise zone tax credit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will not result in a direct cost or benefit to any one specific person. COMPLIANCE COSTS FOR AFFECTED PERSONS: Business owners or professional accounting services preparing the approximate 700 annual applications will need to review and reduce the amount of a tax credit requested in these cases. It is anticipated this will impact approximately 75 to 100 of the 700 applications per year and estimates are $200,000 in direct cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: While there are direct costs to businesses, it is not known what the fiscal impact will be to the state budget or small businesses due to the unknown amount of tax credits that will expire. Estimates are $200,000 benefit to the state budget and $200,000 in direct cost to the 75 to 100 Small Businesses that have a trade-in as part of a purchase and apply for the tax credit. Clarifying what a qualifying investment is, establishing what circumstances require a reduction or a denial of a tax credit, and adjusting what materials needed to submit an application are important reasons for this rule filing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43350.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43331 (Amendment): R414-504-3. Principles of Facility Case Mix Rates and Other Payments. SUMMARY OF THE RULE OR CHANGE: These amendments update and clarify payment methodology relative to the index used to calculate the state case mix average. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because these change only update and clarify payment methodology. They do not affect current payments to nursing care facilities. - LOCAL GOVERNMENTS: There is no impact on local governments because these change only update and clarify payment methodology. They do not affect current payments to nursing care facilities. - SMALL BUSINESSES: There is no impact on small businesses because these change only update and clarify payment methodology. They do not affect current payments to nursing care facilities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because these change only update and clarify payment methodology. They do not affect current payments to nursing care facilities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because these change only update and clarify payment methodology. They do not affect current payments to nursing care facilities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43331.htm No. 43332 (New Rule): R414-520. Admission Criteria for Medically Complex Children's Waiver. SUMMARY OF THE RULE OR CHANGE: This rule outlines the criteria used by the Department to determine a child's eligibility for the Medically Complex Children's Waiver. Criteria for the waiver includes provisions to determine medical complexity and to evaluate the financial needs of the child and the child's family. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not affect the state budget because ongoing costs or revenues associated with waiver eligibility are within previous allocations set forth by the Legislature. - LOCAL GOVERNMENTS: This rule does not affect local governments because ongoing costs or revenues associated with waiver eligibility are within previous allocations set forth by the Legislature. - SMALL BUSINESSES: This rule does not affect small businesses because ongoing costs or revenues associated with waiver eligibility are within previous allocations set forth by the Legislature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not affect Medicaid providers because ongoing costs or revenues associated with waiver eligibility are within previous allocations set forth by the Legislature. Changes in policy may cause some Medicaid members to lose eligibility under the new assessment criteria, but there is no cost-effective data to determine what the financial impact may be. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider. Changes in policy may cause a Medicaid member to lose eligibility under the new assessment criteria, but there is no cost-effective data to determine what the financial impact may be. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43332.htm No. 43352 (New Rule): R414-521. Accountable Care Organization Hospital Report. SUMMARY OF THE RULE OR CHANGE: This new rule implements an annual ACO reporting requirement, and provides details regarding specific procedures, content, and format. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because this rule only implements a reporting requirement for ACOs, which does not create administrative costs, and does not affect member services or provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund ACOs nor provide ACO services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because this rule only implements a reporting requirement for ACOs and does not affect member services or provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers or Medicaid members because this rule only implements a reporting requirement for ACOs. The cost, if any, of this to the ACOs would already be covered by the administrative costs paid in the capitated rates, and does not affect member services or provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider nor a single Medicaid member because this rule only implements a reporting requirement for ACOs. The cost, if any, to a single ACO would already be covered by the administrative costs paid in the capitated rates. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43352.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43321 (Amendment): R426-9. Trauma and EMS System Facility Designations. SUMMARY OF THE RULE OR CHANGE: These amendments are in response to amendments to Sections 26-8d-102 and 103. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: An anticipated fiscal impact to the state budget was included in the new legislation for the creation of the stroke and cardiac registries (see Section 26-8d). The fiscal impact for the enacted bill was on-going at $98,000 per year. The costs are technical costs, and will be used to acquire data from existing health care provider data already submitted for the electronic exchange of clinical health information (see Section 26-1-37). Costs also include the administration of the stroke and cardiac advisory committees. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local governments because these amendments do not constrain local governments. - SMALL BUSINESSES: There is no anticipated fiscal impact to small businesses. These amendments pertain to hospitals and state functions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments to R426-9 are not expected to have any fiscal impact on persons other than small businesses, businesses, or local governments because the data collected for the stroke and cardiac registries will be derived by the Department of Health from existing data already submitted by health care providers under existing requirements for the electronic of clinical health information data base (see Section 26-1-37). COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons (patients) will not have any additional compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments will not result in fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jolene Whitney by phone at 801-273-6665, by FAX at 801-273-4165, or by Internet E-mail at jrwhitney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43321.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43330 (Amendment): R501-1. General Provisions for Licensing. SUMMARY OF THE RULE OR CHANGE: These amendments change the length of time for which the Office of Licensing may suspend a license, the change is from one year to three. This change is predicated on recent legislation (S.B. 78 in the 2018 Legislative Session) that primarily allows for a longer duration of a suspended license, rather than the five year time frame in a license revocation. All other changes are purely clarifying. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is not anticipated that these amendments will have an impact on the state's budget, these changes are mostly clarifying in nature and do not represent substantive changes that would result in a fiscal impact. - LOCAL GOVERNMENTS: These rule changes will not result in an impact at the local government level. - SMALL BUSINESSES: It is not anticipated that this license suspension extension will have a fiscal impact on small businesses, this is done so in hopes that it will reduce the number of license revocations, which is a positive benefit for providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that this license suspension extension will have a fiscal impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43330.htm CHILD AND FAMILY SERVICES No. 43322 (Amendment): R512-43. Adoption Assistance. SUMMARY OF THE RULE OR CHANGE: Families who qualify for adoption assistance must make sure that Child and Family Services has an accurate home address or direct deposit information in order to receive their monthly adoption assistance subsidy. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increased cost or savings to state budget because these changes ensure that families who receive adoption assistance subsidies contact Child and Family Services when their home address or direct deposit information has changed in order to continue to receive their monthly adoption assistance. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local governments due to these rule changes. - SMALL BUSINESSES: There is no anticipated fiscal impact to small businesses due to these rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impact to other persons due to these rule changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing these rule changes because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43322.htm No. 43325 (Amendment): R512-306. Out-of-Home Services, Transition to Adult Living Services, Education and Training Voucher Program. SUMMARY OF THE RULE OR CHANGE: Youth who qualify for an education training voucher program may access education and training voucher funds until they attain the age 26. Prior to the change in federal law, funds were only available for eligible youth until the age 23. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change in federal law did not increase the number of years a youth could qualify for education and training voucher funds, nor the dollar amount available for an individual. It also did not increase the amount of federal funds available for this service. These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local governments due to these rule amendments. - SMALL BUSINESSES: There is no anticipated fiscal impact to small businesses due to these rule amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impact to other persons due to these rule amendments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing these rule amendments because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed amendments will not result in a fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43325.htm INSURANCE ADMINISTRATION No. 43281 (New Rule): R590-278. Consent Requests Under 18 USC 1033(e)(2). SUMMARY OF THE RULE OR CHANGE: Under 18 USC 1033(e)(2), a person with certain types of felony convictions are prohibited from engaging in the insurance business. However, the statute makes an exception for those convicts who obtain the Commissioner's consent to engage in the insurance business. This rule formalizes the process for obtaining that consent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Based on past inquiries, the Department estimates that it will receive approximately five requests a year under this rule. Processing these requests will be manageable and can be handled as part of a normal workload. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule concerns the relationship between the Department and prospective licensees, and will not affect local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule concerns the relationship between the Department and prospective licensees, and will not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A person who chooses to pursue a consent request under 18 USC 1033(e)(2) will be required to pay a $32 fee for a background check, and may have other costs such as copying or record request fees. The Department estimates that the total cost, inclusive of all fees, will be no more than $100 per affected person. The Department expects to process approximately five requests a year, for an aggregate annual cost of $500 to individuals as a group. COMPLIANCE COSTS FOR AFFECTED PERSONS: A person who chooses to pursue a consent request under 18 USC 1033(e)(2) will be required to pay a $32 fee for a background check, and may have other costs such as copying or record request fees. The Department estimates that the total cost, inclusive of all fees, will be no more than $100 per affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43281.htm No. 43282 (New Rule): R590-279. Rule Designating Fraud Division Offices as a Secured Area. SUMMARY OF THE RULE OR CHANGE: This rule prohibits firearms, ammunition, dangerous weapons, and explosives in non-public areas of the Insurance Department's Fraud Division. Firearms, ammunition, dangerous weapons, and explosives that are in the possession of a law enforcement officer are exempt from the prohibition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Designating the Fraud Division's offices as a secure area and prohibiting the listed items will have no cost on the state now or in the future. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated compliance cost for any affected persons. Visitors to the Insurance Department's Fraud Division will be prohibited from bringing the listed items into non-public areas of the Fraud Division's offices, but there is no cost to comply with this rule. Visitors may simply leave their weapons at home or in another secure location. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43282.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 43351 (Amendment): R612-300. Workers' Compensation Rules - Medical Care. SUMMARY OF THE RULE OR CHANGE: These amendments incorporate by reference current versions of the Resource-Based Relative Value Scale (RBRVS), and adjust certain conversion factors related to the evaluation and management from $50 to $56 (codes 99203-99204 and 99213-99214) and the remaining evaluation and management codes from $50 to $52 per unit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments will impose no additional administrative or enforcement costs on the Labor Commission (Commission), which is the state agency charged with administering and enforcing Utah's workers' compensation system. The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.4% as a result of adoption of the new conversion factors. The Commission presumes that this increase will be passed on to the state in increased workers' compensation insurance premiums. - LOCAL GOVERNMENTS: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.4% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to local governments in increased workers' compensation insurance premiums. - SMALL BUSINESSES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.4% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to all employers, including small businesses, in increased workers' compensation insurance premiums. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 0.4% as a result of the adoption of the new conversion factors. The Commission presumes that this increase will be passed on to all employers, including other persons, in increased workers' compensation insurance premiums COMPLIANCE COSTS FOR AFFECTED PERSONS: Workers' compensation insurance carriers and those providing medical services to injured workers will be affected by these proposed amendments. Because the RBRVS and CPT systems are already used throughout the health care industry, insurance carriers and medical providers already receive and use updates to those systems. The Commission does not anticipate that the updates required by these rule amendments will result in any additional compliance costs for those entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The workers’ compensation system uses the same relative value (RBRVS) and coding (CPT) systems that are generally used throughout the health industry. Periodically, the RBRVS and CPT systems are updated. It is therefore necessary for the Commission to also adopt those changes and adjust its conversion factors relating to certain medical specialties in order to: 1) avoid confusion; and 2) provide adequate payment for medical care provided to injured workers. This year, the modifications to the conversion factors will result in increased payments for some medical services. These increases will very likely be factored in to workers’ compensation insurance premiums but may be offset by reductions in the RBRVS values. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Hill by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov - 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: 01/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43351.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43328 (Amendment): R657-48. Wildlife Species of Concern and Habitat Designation Advisory Committee. SUMMARY OF THE RULE OR CHANGE: These rule amendments: 1) simplify the current rule language; 2) remove the requirement to automatically add Endangered Species Act (ESA) species and conservation agreements; and 3) remove wildlife habitat designations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments clarify and simplify this rule language relating to the procedures for the designation of sensitive species within the state and the designation of wildlife habitat and management recommendations relating to significant land use development projects. - LOCAL GOVERNMENTS: This filing does not create any direct cost or saving impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These rule amendments do not directly create a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments do not directly create a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule amendments clarify and simplify language already in rule and do not add additional requirements, therefore, the Division has determined that there is no additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43328.htm PUBLIC SAFETY DRIVER LICENSE No. 43326 (New Rule): R708-52. Air Pollution Mitigation Education Program. SUMMARY OF THE RULE OR CHANGE: This rule states that the Division of Air Quality will provide the Division with education information that reflects current ways to improve air quality and the harmful effects of vehicle emissions. Additionally, this rule outlines the methods in which the Division will provide the information to driver license applicants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division does not anticipate a cost or savings to the state budget as a result of this rule because this rule will not result in a change in current procedures for printed materials, or electronic or digital media used by the Division. The Division makes changes to the information on a regular basis, these additional changes would not add significant time or resources. - LOCAL GOVERNMENTS: The Division does not anticipate a cost or savings to local governments because this rule does not have any impact on local governments. This rule only addresses the manner in which the Division will provide the information to driver license applicants. - SMALL BUSINESSES: The Division does not anticipate a cost or savings to small businesses because this rule does not have any impact on small businesses. This rule only addresses the manner in which the Division will provide the information to driver license applicants. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Division does not anticipate a cost or savings to persons other than small businesses, businesses, or local government entities because this rule does not have any impact on persons other than small businesses, businesses, or local government entities. This rule only addresses the manner in which the Division will provide educational information regarding air quality to driver license applicants. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule only address the manner in which the Division will supply educational information to driver license applicants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division does not anticipate a cost or savings to businesses because this rule does not have any impact on businesses. This rule establishes that the Division of Air Quality will provide the Division with educational information that reflects current ways to improve air quality and the harmful effects of vehicle emissions, and the manner in which the Division will disseminate the information to driver license applicants. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Zamora by phone at 801-964-4483, by FAX at 801-964-4482, or by Internet E-mail at tarazamora@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43326.htm FIRE MARSHAL No. 43354 (New Rule): R710-15. Seizure and Disposal of Fireworks, Class A Explosives, and Class B Explosives. SUMMARY OF THE RULE OR CHANGE: This rule establishes a statewide policy for the safe seizure and storage, and the safe re-purposing, destruction or disposal of fireworks, Class A explosives, or Class B explosives that are illegally possessed, used, or handled. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any impact on state government revenues or expenditures. Although the State Fire Marshal’s office and the Highway Patrol are directly impacted and have regulatory authority, and may seize fireworks, Class A explosives, and Class B explosives that are illegal or are being used in an illegal manner, current disposal methods are within the parameters set by this rule. - LOCAL GOVERNMENTS: Local governments will be directly impacted by this rule. There are 246 fire departments in the state, and 136 law enforcement agencies that have the authority to seize fireworks, Class A explosives, and Class B explosives that are illegal or are being used in an illegal manner. It is not possible to determine the amount of fireworks, Class A explosives, or Class B explosives that would be seized in a given year, or what types of fireworks, Class A explosives, and Class B explosives they would be. Correspondingly, it is not possible to determine whether the fireworks, Class A explosives, and Class B explosives would be destroyed, used in training, disposed of, or repurposed. The impact on local governments is inestimable. - SMALL BUSINESSES: Small businesses may experience an indirect impact from this rule. Using the "Firm Find" tool from the Utah Department of Workforce Services we found three Utah companies that possibly may be impacted. The search codes used were Fireworks Wholesalers, 423920, and Fireworks Manufacturers, 325998. These companies are Winco, TNT, and Fireworks West. The experience of the Utah State Fire Marshal's office indicates that illegal fireworks and fireworks being used illegally are the most common explosives seized by regulatory authorities. As outlined in this rule, seized fireworks may be turned over to these companies for repurposing. As receiving seized fireworks is voluntary by these companies, and as there is no way to determine the volume that may be involved, and any benefit is incalculable compared to the cost of repurposing, the impact on these companies is inestimable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to persons other than small businesses, businesses or local government entities anticipated as a result of the enactment of this rule. This rule pertains to local agencies and small businesses with regards to how seized fireworks may be stored, destroyed, or repurposed by these entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons anticipated as a result of enactment of this rule because this rule doesn't affect individual persons. This rule establishes a uniform statewide policy for seizure, storage, and destruction of illegal fireworks by the State Fire Marshal's Office, law enforcement agencies, fire departments, and voluntary firework companies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Using the "Firm Find" tool from the Utah Department of Workforce Services, we found no non-small businesses that would be impacted by this rule. The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43354.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43324 (Amendment): R746-8. Utah Universal Public Telecommunications Service Support Fund (UUSF). SUMMARY OF THE RULE OR CHANGE: Section R746-8-405(3) has been amended so that an applicant applying for a hearing assistive communication device can prove the applicant's eligibility by showing the applicant receives assistance from a low-income public assistance program administered by a state agency or has an income of 200% or less than the Federal Poverty Guidelines for the current year. In Section R746-8-405a(2), the New Technology Distribution Program has been extended to 2021, and the eligibility requirements have been clarified to be consistent with those under 405(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes may have an impact on state government because they amend the eligibility guidelines for telecommunication devices. There is no way to estimate how many individuals applying for a telecommunication device will meet the amended requirements. - LOCAL GOVERNMENTS: These amendments will not have an impact on local governments because local governments do not play any role in the administration of this program, and are not recipients of the benefits. - SMALL BUSINESSES: These amendments will not have an impact on small businesses except for the two vendors who work with the Public Service Commission to provide hearing assistive devices to applicants. It is not possible to anticipate the extent to which participation in the program will change with these amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments may impact the eligibility of potential applicants for hearing assistive devices, but because these amendments are primarily clarifications rather than substantive modifications, any impacts should be negligible for individuals who met the previous requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no compliance costs for affected individuals. Eligibility requirements are substantively unchanged, but the two programs are clarified so that the methods of establishing an applicant has met those requirements is consistent. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Public Service Commission does not anticipate any fiscal impact on businesses as a result of these amendments. They clarify the eligibility requirements for an applicant applying for a telecommunication assistive device through the Relay Utah program and extends the NTEDP program to 2021. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@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: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43324.htm No. 43329 (New Rule): R746-450. Procedural and Informational Requirements for Solar Resource Solicitations and Acquisitions. SUMMARY OF THE RULE OR CHANGE: This rule applies to a qualified utility's application for PSC approval of a solar solicitation if the solicitation falls under Section 54-17-807 and the definitions established by this rule. For those solicitations, this rule establishes the application requirements and the PSC process for solar solicitation, resource acquisition, and disposition of a solar resource by a qualified facility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this new rule establishes the procedural and information requirements for solar resource solicitations and acquisitions by a qualified utility. The underlying responsibilities on state agencies exist in statute, and this new rule only clarifies those statutory requirements. - LOCAL GOVERNMENTS: There will be no impact to a local government unless that local government, as a customer of a qualified utility, chooses to request a specific customer solicitation for a solar resource under this rule. - SMALL BUSINESSES: There will be no impact to a small business unless: 1) that small business, as a customer of a qualified utility, chooses to request a specific customer solicitation for a solar resource under this rule; or 2) the small business chooses to submit a bid in a solicitation conducted pursuant to this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no impact to other persons unless: 1) that person, as a customer of a qualified utility, chooses to request a specific customer solicitation for a solar resource under this rule; or 2) the person chooses to submit a bid in a solicitation conducted pursuant to this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons unless a person, as a customer of a qualified utility, chooses to request a specific customer solicitation for a solar resource under this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule establishes procedural, application, and informational requirements for certain solar resource solicitations conducted by a qualified utility, but the underlying legal requirements already exist in statute. These necessary procedures implement the statute, but do not create any fiscal impact on any business other than that already established by statute. Additionally, while a business may choose to avail itself of this rule and the underlying statute, there is no mandatory obligation to do so. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/17/2018 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: 12/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43329.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 https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE CONSUMER PROTECTION No. 43280 (5-year Review): R152-21. Credit Services Organizations Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides guidance to regulated persons and entities concerning obligations imposed, and conduct prohibited, by Section 13-21- 3. The guidance primarily concerns a credit service organization's (CSO) obligations with respect to disputing or challenging entries on a consumer's credit report, and the CSO's obligations with respect to representations it makes to consumers and credit reporting agencies. R152-21-2 supplements the definitions that appear in Section 13-21-2. The supplemental definitions clarify terms used but not defined by statute, and terms used in this rule. The supplemental definitions assist regulated entities in their compliance efforts, and promote consistency in the Division's enforcement efforts by reducing the need to interpret undefined terms. R152-21-3 clarifies the meaning of "factual basis" as the term is used in Section 13-21-3(1)(d). It details the conduct the law requires of a CSO before the CSO disputes or challenges an entry on a consumer's credit report. The additional guidance is designed to reduce the number of inaccurate, false, or otherwise erroneous disputes made to credit reporting agencies. R152-21-4 identifies specific acts that violate Section 13-21-3. Although the identified acts would violate Section 13-21-3 without regard to this rule, the rule removes any question regarding whether the specified acts violate the law, and highlights some of the most common violations of Section 13-21-3. The additional clarity provided by this rule allows regulated persons and entities to more easily conform their conduct to statutory standards. For the foregoing reasons, this rule should continue to be in effect. DIRECT QUESTIONS REGARDING THIS RULE TO: - Daniel Larsen by phone at 801-530-6145, or by Internet E-mail at dblarsen@utah.gov EFFECTIVE: 10/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43280.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43320 (5-year Review): R512-306. Out-of-Home Services, Transition to Adult Living Services, Education and Training Voucher Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to manage the Education and Training Voucher Program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 10/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43320.htm INSURANCE ADMINISTRATION No. 43323 (5-year Review): R590-267. Personal Injury Protection Relative Value Study Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is required by Subsection 31A-22-307(2). It must be continued because it gives the Insurance Department a mechanism by which to ensure that injured persons are treated equitably while receiving services covered by automobile personal injury protection coverage. This rule sets a reasonable value of services that acts as a baseline for such services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 10/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181115/43323.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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43145 (NEW): R68-24.Industrial Hemp Research Pilot Program for Growers Published: 09/01/2018 Effective: 10/31/2018 No. 43146 (NEW): R68-25.Industrial Hemp Research Pilot Program for Processors Published: 09/01/2018 Effective: 10/31/2018 No. 43147 (NEW): R68-26.Industrial Hemp Product Registration and Labeling Published: 09/01/2018 Effective: 10/31/2018 COMMERCE REAL ESTATE No. 43165 (AMD): R162-2e.Appraisal Management Company Administrative Rules Published: 09/15/2018 Effective: 11/05/2018 EDUCATION ADMINISTRATION No. 43138 (AMD): R277-400.School Facility Emergency and Safety Published: 09/01/2018 Effective: 10/16/2018 No. 43132 (AMD): R277-419-2.Definitions Published: 09/01/2018 Effective: 10/16/2018 No. 43140 (AMD): R277-602.Special Needs Scholarships - Funding and Procedures Published: 09/01/2018 Effective: 10/16/2018 No. 43139 (NEW): R277-718.Out-of-School Time Program Quality Improvement Grants Published: 09/01/2018 Effective: 10/16/2018 FINANCIAL INSTITUTIONS NONDEPOSITORY LENDERS No. 43176 (REP): R343-9.Deferred Deposit Lenders Registration with the Nationwide Database Published: 09/15/2018 Effective: 10/22/2018 GOVERNOR ECONOMIC DEVELOPMENT No. 43180 (REP): R357-4.Government Procurement Private Proposal Program Published: 09/15/2018 Effective: 10/24/2018 ECONOMIC DEVELOPMENT, CONSUMER HEALTH EXCHANGE No. 43179 (REP): R358-1.Electronic Standards for Transmitting Information through the Health Insurance Exchange Published: 09/15/2018 Effective: 10/25/2018 HEALTH ADMINISTRATION No. 43144 (NEW): R380-300.Employee Background Screening Published: 09/01/2018 Effective: 10/22/2018 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43136 (AMD): R432-950.Mammography Quality Assurance Published: 09/01/2018 Effective: 10/23/2018 LABOR COMMISSION BOILER, ELEVATOR AND COAL MINE SAFETY No. 43164 (AMD): R616-3-4.Inspector Qualification Published: 09/15/2018 Effective: 10/22/2018 PUBLIC SAFETY DRIVER LICENSE No. 43173 (AMD): R708-14.Adjudicative Proceedings For Driver License Actions Involving Alcohol and Drugs Published: 09/15/2018 Effective: 11/01/2018 TRANSPORTATION PROGRAM DEVELOPMENT No. 43160 (AMD): R926-13.Designated Scenic Byways Published: 09/15/2018 Effective: 10/23/2018 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 https://rules.utah.gov/researching/ . <> ----------------------------