DAR File No. 27638

Human Services, Substance Abuse and Mental Health

R523-1

Policies and Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 27638
Filed: 01/05/2005, 12:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Board of Substance Abuse and Mental Health, which has the rulemaking authority for the Division per Section 62A-15-105, is reviewing all of the current policies and procedures in the Utah Administrative Code. These are the first recommended changes: 1) Section R523-1-1 is the Board's process for seeking input from the public concerning rules. Currently, the rule requires that the Board have time on each scheduled meeting to discuss rules and policies. Since rules and policies are not an ongoing issue, the Board voted to change the wording to "as necessary" rather than take time at each meeting; and 2) Section R523-1-13 is being removed since it is now obsolete. The commitment law has been changed to give the responsibility of the care and treatment of citizens who have a mental illness from the state to the local authority. The state no longer has the responsibility for transporting patients as this function is now the responsibility of the local authority. They are now responsible for the training and selection of "Mental Health Officers".

Summary of the rule or change:

The amendment to Section R523-1-1 would change from requiring a time on each months agenda to discuss rules to "as necessary". Section R523-1-13 would be removed from the rule. The Division is no longer responsible for the training of "Mental Health Officers". Mental Health Officers are those individuals who are trained to transport clients who are under a mental health commitment order to either the Utah State Hospital or another treatment facility. Currently, the commitment order is to the local mental health authority per Subsections 62A-15-629(4) and (5). It is the responsibility of the local authority to determine who is qualified to be a Mental Health Officer per Subsection 62A-15-602(10) and to provide the necessary training. This subsection is now obsolete.

State statutory or constitutional authorization for this rule:

Section 62A-15-105, and Subsections 62A-15-629(4), 62A-15-629(5), and 62A-15-602(10)

Anticipated cost or savings to:

the state budget:

Currently, the Board holds regularly scheduled meetings, changing the wording on the agenda will not have a cost impact on the state. The Division has not provided "Mental Health Officer Certifications" for a number of years and so it is not possible to determine any anticipated savings.

local governments:

The change in Section R523-1-1 will not have any cost impact on local government. The removal of Section R523-1-13: each local authority determines the designation of their "Mental Health Officer". They also determine if training is necessary and the type and frequency of the training. Many use existing mental health professionals. It is not possible to determine how much if any costs are associated with this function.

other persons:

None--Deleting the Mental Health Officer Certification requirements from the Division of Substance Abuse and Mental Health only impacts those employees who work for a local mental health program that contracts with a local mental health authority. The local mental health programs are required to provide the training and there is not a cost to attend the training. Currently, the Board holds regularly scheduled meetings, changing the requirement to review policies and procedures on a monthly basis to "as necessary" would not change be a change in the cost or savings other persons. The public is given notice in advance of any agenda item that the Board will be discussing and any costs associated with travel to attend the meeting would be the same.

Compliance costs for affected persons:

Adding the "as necessary" requirement to entertain public comment on new policy and rules rather that a standing agenda item on the Board meeting agenda will have no compliance costs. Each local authority determines how they designate a "Mental Health Officer". Some use existing clinicians, others provide a training once a year or as needed. The cost will depend on the method used, in most cases the cost would be minimal.

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

The only impact to local business would be to those mental health centers that are private, non-profit entities. Since the training of Mental Health officers has been the responsibility of local mental health authorities for a number of years and is already part of the training that is provided those staff, no additional costs would be anticipated. Changing the Board rule to review rules "as necessary" rather than at each meeting should have no fiscal impact on businesses.

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:

Janina Chilton at the above address, by phone at 801-538-4072, by FAX at 801-538-3993, or by Internet E-mail at jchilton@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:

03/03/2005

This rule may become effective on:

03/04/2005

Authorized by:

Randall Bachman, Director

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-1. Procedures.

R523-1-1. Board of Substance Abuse and Mental Health-Responsibilities.

(1) The State Board of Substance Abuse and Mental Health is the program policy making body for the Division of Substance Abuse and Mental Health and for programs funded with state and federal monies. The Board has the authority and the responsibility to establish by rule procedures for developing its policies which seek input from local mental health authorities, consumers, providers, advocates, division staff and other interested parties (Section 62A-15-105). In order to ensure public input into the policy making procedure the Board will:

(a) Convene an annual meeting, inviting local mental health authorities, consumers, providers, advocates and division staff to provide them an opportunity to comment and provide input on new policy or proposed changes in existing policy.

(b) The Board shall include, as necessary, a time on the agenda at each regularly scheduled board meeting to entertain public comment on new policy or proposed changes in existing policy.

(c) Public requests to revise existing policy or consider new policy shall be made in writing to the Board in care of the Division of Substance Abuse and Mental Health.

(d) The Division shall prepare, for the Board's review, any comments they are in receipt of relative to public policy, which will be addressed at a regularly scheduled board meeting.

(e) The Board may direct the Division to follow-up on any unresolved issues raised as a result of policy review and report their findings at the next scheduled board meeting.

[R523-1-13. Mental Health Officer Certification.

(1) A "Mental Health Officer" as an individual designated by the Division to interact with and transport persons to any mental health facility (62A-15-602(10) and 62A-15-105).

(a) The Division shall certify that a mental health officer is qualified by training and experience in the recognition and identification of mental illness and in the safe, adequate transportation of the mentally ill to designated mental health facilities with the appropriate assistance of a peace officer. Certification will require at least two years of experience in a mental health related field in addition to successful completion of training provided by the Division.

(b) Application for certification will be achieved by the applicant making a written request to the Division for their consideration. Upon receipt of a written application the Director will cause to occur a review and examination of the applicant's qualifications.

(c) The applicant must meet the following minimum standards in order to be certified.

(i) The applicant must be at least 21 years of age.

(i) The applicant must be at least a high school graduate or have passed equivalent examination.

(iii) The applicant must be a resident of the State of Utah.

(iv) The applicant must be employed by a public mental health agency that routinely acts as an agent for the Division.

(v) The applicant must possess a basic working knowledge of the most current Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, to be determined by training, experience, and written examination.

(vi) The applicant must demonstrate a basic understanding of abnormal psychology and abnormal behavior, to be determined by training, experience, and written examination.

(vii) The applicant must demonstrate a fundamental understanding of the mental health law, to be determined by examination.

(viii) The applicant must demonstrate a working knowledge of safe and acceptable methods and techniques in transporting the mentally ill, to be determined by training, experience and written examination.

(d) The Division Director will determine if experience and qualifications are satisfactory to meet the required standards. The Director will also determine if there are any training requirements that may be waived due to prior experience and training.

(e) Upon satisfactory completion of the required experience and training the Director will certify the qualifications of the applicant, make record of such certification and issue a certificate to the applicant reflecting his status as a mental health officer and authorize the use of privileges and responsibilities as prescribed by law.

]KEY: bed allocations, due process, prohibited items and devices, fees

[July 15, 2004]2005

Notice of Continuation December 11, 2002

62A-12-102

62A-12-104

62A-12-209.6(2)

62A-12-283.1(3)(a)(i)

62A-12-283.1(3)(a)(ii)

62A-15-612(2)

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Janina Chilton at the above address, by phone at 801-538-4072, by FAX at 801-538-3993, or by Internet E-mail at jchilton@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.