DAR File No. 28605

Commerce, Occupational and Professional Licensing

R156-60d

Substance Abuse Counselor Act Rules

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28605
Filed: 04/10/2006, 09:43
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 60, Part 5 provides for the licensure of substance abuse counselors. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-60-503(3) provides that the Licensed Substance Abuse Counselor Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 60, Part 5 with respect to substance abuse counselors.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was last reviewed in June 2001, it has been amended once. In September 2001, amendments were filed to clarify the scope of practice and to correct the date of accreditation to correspond to when the education is received. The only written comment the Division received with respect to this rule was from Kent Bishop from the Governor's Office of Planning and Budget in October 2001. After reviewing the respective rule filing, Mr. Bishop suggested that acronyms that appeared in Subsections R156-60d-102(6) and (7) be specifically identified by full title. As a result of Mr. Bishop's comments, a nonsubstantive rule filing was filed on 10/18/2001 and the previously filed amendments to the rule were also made effective on 10/18/2001.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 60, Part 5 with respect to substance abuse counselors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

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:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Authorized by:

J. Craig Jackson, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@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.