No. 30655 (Amendment): R156-1-102a. Global Definitions of Levels of Supervision

DAR File No.: 30655
Filed: 11/05/2007, 11:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Administrative Rules Review Committee considered the division's proposed rule amendments at their 10/23/2007 meeting and voted unanimously for the division to move forward in enacting the proposed amendments.

Summary of the rule or change:

A new Section R156-1-102a is being added to implement a global definition of levels of supervision in the division's umbrella rule, Rule R156-1. The proposed amendments require that, except as otherwise provided by statute or rule, all unlicensed personnel specifically allowed to practice a regulated occupation or profession, and regulated license classifications required to practice under supervision must practice under an appropriate level of supervision defined in the global definition as specified by the licensing act or licensing act rule governing each occupation or profession. The proposed amendments define three levels of supervision: "direct supervision" and "immediate supervision", "indirect supervision", and "general supervision". The proposed amendments also define the term "supervising licensee". The proposed amendments make it clear that it does not apply when another occupational/professional statute or rule provides otherwise. In other words, the proposed amendments set the standard if the term is used in statute or rule, but is not defined. However, where it is defined, the proposed amendments are inapplicable. It is hoped that over time division statutes and rules will migrate toward the global definition and hence better consistency.

State statutory or constitutional authorization for this rule:

Section 58-1-308 and Subsections 58-1-106(1)(a) and 58-1-501(4)

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs of approximately $200 to reprint the rule once the proposed amendments are made effective. Also having better definitions for supervision will enable better regulation by the division and allow for greater protection of public health, safety, and welfare. The proposed amendments could trigger a nominal increase in complaints and investigations, but the impact cannot be quantified. The division expects all costs and increases can be handled within its existing budget.

local governments:

The proposed amendments do not apply to local governments as they are not involved in this regulatory arena. Therefore, no costs or savings are anticipated.

small businesses and persons other than businesses:

SMALL BUSINESS: If supervision standards are increased for a regulated occupation or profession, small business owners could see an increase in costs to meet the new standards. However, these costs cannot be quantified due to a varying number of factors affecting the costs. OTHER PERSONS: If business owners see an increase in costs to meet an increased supervision standard, those costs could be passed through to the public. However, any increase in costs to the public cannot be quantified due to such a varying number of factors affecting the increased costs.

Compliance costs for affected persons:

If costs are increased to meet an increased supervision standard, it would impact the revenue stream of business owners. This in turn could affect the number of employees and salary compensation, as well as the cost of services provided to the public. However, any exact amount of these costs cannot be quantified due to such a varying number of factors affecting the increased costs.

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

There appears to be no discernible fiscal impact to businesses expected with this rule filing which establishes definitions for levels of supervision for occupations and professions regulated by the Division. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

F. David Stanley at the above address, by phone at 801-530-6039, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

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:

12/31/2007

This rule may become effective on:

01/07/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-1. General Rules of the Division of Occupational and Professional Licensing.

R156-1-102a. Global Definitions of Levels of Supervision.

(1) Except as otherwise provided by statute or rule, the global definitions of levels of supervision herein shall apply to supervision terminology used in Title 58 and Title R156, and shall be referenced and used, to the extent practicable, in statutes and rules to promote uniformity and consistency.

(2) Except as otherwise provided by statute or rule, all unlicensed personnel specifically allowed to practice a regulated occupation or profession are required to practice under an appropriate level of supervision defined herein, as specified by the licensing act or licensing act rule governing each occupation or profession.

(3) Except as otherwise provided by statute or rule, all license classifications required to practice under supervision shall practice under an appropriate level of supervision defined herein, as specified by the licensing act or licensing act rule governing each occupation or profession.

(4) Levels of supervision are defined as follows:

(a) "Direct supervision" and "immediate supervision" mean the supervising licensee is present and available for face-to-face communication with the person being supervised when and where occupational or professional services are being provided.

(b) "Indirect supervision" means the supervising licensee:

(i) has given either written or verbal instructions to the person being supervised;

(ii) is present within the facility in which the person being supervised is providing services; and

(iii) is available to provide immediate face-to-face communication with the person being supervised as necessary.

(c) "General supervision" means that the supervising licensee:

(i) has authorized the work to be performed by the person being supervised;

(ii) is available for consultation with the person being supervised by personal face-to-face contact, or direct voice contact by telephone, radio or some other means, without regard to whether the supervising licensee is located on the same premises as the person being supervised; and

(iii) can provide any necessary consultation within a reasonable period of time and personal contact is routine.

(5) "Supervising licensee" means a licensee who has satisfied any requirements to act as a supervisor and has agreed to provide supervision of an unlicensed individual or a licensee in a classification or licensure status that requires supervision in accordance with the provisions of this chapter.

 

KEY: diversion programs, licensing, occupational licensing, supervision

Date of Enactment or Last Substantive Amendment: [June 19, 2006]2008

Notice of Continuation: March 1, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-308; 58-1-501(4)