DAR File No. 28738

Human Services, Substance Abuse and Mental Health, State Hospital

R525-8

Forensic Mental Health Facility

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28738
Filed: 05/16/2006, 08:12
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:

Subsection 62A-15-902(2)(c) grants authority to the Department of Substance Abuse and Mental Health to make rules and provide for the allocation of beds in the forensic mental health facility located at the Utah State Hospital in Provo, Utah County.

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

No public comments have been received since the last time this rule was reviewed, but there has been concern expressed by the Department of Corrections. This conflict has been resolved through a Memorandum of Understanding between the Department of Human Services and the Department of Corrections, which assigns the Utah State Prison a certain number of beds. This agreement is negotiable and will more than likely be revisited in the near future.

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

The forensic mental health facility rule has been established to provide guidance in who is eligible for services on the forensic unit, and how the open beds in the forensic unit are allocated. This rule is being continued because of the 5-year review deadline, but anticipated changes are forthcoming in the near future to update compliance with changes in statute.

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:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov

Authorized by:

Mark I Payne, 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 Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@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.