DAR File No. 27793

Human Services, Services for People with Disabilities

R539-3-10

Prohibited Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 27793
Filed: 04/01/2005, 12:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment clarifies the procedures Providers are restricted in practicing while providing services to people receiving Home and Community-Based services funded by the Division.

Summary of the rule or change:

This amendment prohibits physical punishment, locked confinement, and the withholding of meals and assistive devices for people receiving funding by the Division.

State statutory or constitutional authorization for this rule:

Sections 62A-5-102 and 62A-5-103

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost. The new section does not reflect any change in methodology within the Division. These standards are already in practice and will not require any additional funding.

local governments:

No local government funding is used. Therefore, there is no cost to local government.

other persons:

There is no additional cost to other persons. This rule clarifies the rights of people receiving services through Division funding. It does not reflect a change in methodology within the Division or the Division's expectations of Service Providers.

Compliance costs for affected persons:

This rule clarifies the rights of people receiving Home and Community-Based services through the Division. It does not reflect a change in methodology within the Division or the Division's expectations of Service Providers.

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

This rule does not reflect a change in methodology within the Division or the Division's expectations of Service Providers. No fiscal impacts are identified. Lisa-Michele Church, 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:

Suzie Totten at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at stotten@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:

05/16/2005

This rule may become effective on:

05/17/2005

Authorized by:

Lisa-Michele Church, Executive Director

RULE TEXT

R539. Human Services, Services for People with Disabilities.

R539-3. Rights and Protections.

R539-3-10. Prohibited Procedures.

(1) The following procedures are prohibited for Division staff and Providers, including staff hired for Self-Administered Services, in all circumstances in supporting Persons receiving Division funding:

(a) Physical punishment, such as slapping, hitting, and pinching.

(b) Demeaning speech to a Person that ridicules or is abusive.

(c) Locked confinement in a room.

(d) Denial or restriction of access to assistive technology devices, except where removal prevents injury to self, others, or property as outlined in Sections R539-3-6 and R539-4-7.

(e) Withholding or denial of meals, or other supports for biological needs, as a consequence or punishment for problems.

(f) Any Level II or Level III Intervention, as defined in R539-4-3(n) and R539-4-3(o), used as coercion, as convenience to staff, or in retaliation.

(g) Any procedure in violation of R495-876, R512-202, R510-302, 62A-3-301 thru 62A-3-321, and 62A-4a-402 thru 62A-4a-412 prohibiting abuse.

KEY: people with disabilities, rights

[March 12, ]2005

62A-5-102

62A-5-103

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Suzie Totten at the above address, by phone at 801-538-4197, by FAX at 801-538-4279, or by Internet E-mail at stotten@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.