DAR File No. 27435

Commerce, Occupational and Professional Licensing

R156-50

Private Probation Provider Licensing Act Rules

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 27435
Filed: 11/16/2004, 09:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a public rule hearing, written comments received and further review by the Division and Board, additional amendments are being made to the proposed rule.

Summary of the rule or change:

In Subsection R156-50-502(4), added the word "potential" to conflict of interest to thus change the meaning to include not only conflicts of interest but also potential conflicts of interest. In Subsection R156-50-502(4)(a), deleted "drug, tobacco and/or alcohol" rehabilitation services and replaced it with "education and/or" rehabilitation services. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 15, 2004, issue of the Utah State Bulletin, on page 12. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division does not anticipate any further costs beyond those previously identified in the original rule filing affecting this rule.

local governments:

Proposed amendments do not apply to local governments. Therefore, there are no anticipated costs 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 or potential 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, education and/or rehabilitation services, or other services for which the licensee receives compensation and provides 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 or potential 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, education and/or rehabilitation services, or other services for which the licensee receives compensation and provides 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 potential 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 clarifies existing standards as to 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:

01/14/2005

This rule may become effective on:

01/15/2005

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-50. Private Probation Provider Licensing Act Rules.

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 potential 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 education and/or[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

[2004]2005

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)

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.