DAR File No. 27435

Commerce, Occupational and Professional Licensing

R156-50

Private Probation Provider Licensing Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 27435
Filed: 09/16/2004, 01:18
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Private Probation Provider Licensing Board are proposing amendments to further define and clarify what a conflict of interest is for a private probation provider as it relates to the supervision of an offender as stated in Section R156-50-502.

Summary of the rule or change:

In Section R156-50-103, updated a statute citation. In Section R156-50-502, the following conflicts of interest for a private probation provider as it relates to the supervision of an offender have been added as unprofessional conduct: 1) simultaneously providing mental health therapy services and private probation services to the same offender; 2) simultaneously providing drug, tobacco and/or alcohol rehabilitation services and private probation services to the same offender; and 3) while providing private probation services to an offender, also providing any other service to the offender for which the licensee receives compensation.

State statutory or constitutional authorization for this rule:

Section 58-50-1, and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-50-5(1), and 58-59-9(5)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs, approximately $50, to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments. Therefore, there is no anticipated cost or savings to local government.

other persons:

The proposed amendments may impact licensed private probation providers who have previously misinterpreted the statute and have conflicts of interest with clients, causing them to now change their procedures in performing the standards of probation supervision. For those private probation providers who in the past have been simultaneously providing mental health therapy services, drug, tobacco and/or alcohol rehabilitation services, or other services for which the licensee receives compensation and private probation services to the offender, the proposed amendments may mean a loss of revenue in the thousands of dollars.

Compliance costs for affected persons:

The proposed amendments may impact licensed private probation providers who have previously misinterpreted the statute and have conflicts of interest with clients, causing them to now change their procedures in performing the standards of probation supervision. For those private probation providers who in the past have been simultaneously providing mental health therapy services, drug, tobacco and/or alcohol rehabilitation services, or other services for which the licensee receives compensation and private probation services to the offender, the proposed amendments may mean a loss of revenue in the thousands of dollars.

Comments by the department head on the fiscal impact the rule may have on businesses:

Other than the fiscal impact to the regulated industry as mentioned above, there appears to be no fiscal impact to other businesses as a result of this rule filing which further clarifies a licensee's duty to disclose conflicts of interest. Klarice A. Bachman, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/15/2004

Interested persons may attend a public hearing regarding this rule:

10/26/2004 at 9:00 AM, Heber M Wells Bld, 160 E 300 S, North Conference Room (First Floor), Salt Lake City, UT

This rule may become effective on:

11/16/2004

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-50. Private Probation Provider Licensing Act Rules.

R156-50-103. Authority.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 50.

R156-50-502. Unprofessional Conduct.

"Unprofessional conduct" includes the following:

(1) failing to comply with the continuing professional education requirement of Section R156-50-304;

(2) failing to comply with the operating standards required for a presentence report;

(3) failing to properly supervise the offender as set forth in the probation agreement;

(4) failing to disclose any conflict of interest relating to supervision of an offender as set forth in Subsection 58-50-2(5), including, but not limited to the following circumstances:

(a) simultaneously providing mental health therapy services and private probation services to the same offender;

(b) simultaneously providing drug, tobacco and/or alcohol rehabilitation services and private probation services to the same offender; or

(c) while providing private probation services to an offender, also providing any other service to the offender for which the licensee receives compensation;

(5) accepting any amount of money or gratuity from an offender other than that fee which is set forth in the probation agreement; or

(6) failing to report any violation of the probation agreement.

KEY: licensing, probation, private probation provider[*]

[March 18, 1999]2004

Notice of Continuation April 26, 2001

58-50-1

58-1-106(1)(a)

58-1-202(1)(a)

58-50-5(1)

58-50-9(5)[

58-1-202(1)]

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.