No. 35626 (Amendment): Section R523-23-4. Provider Responsibilities

(Amendment)

DAR File No.: 35626
Filed: 01/06/2012 10:23:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to revise the Provider Responsibilities, based on feedback from a provider.

Summary of the rule or change:

In response to feedback from a provider, we are changing the provider requirement for the date to be submitted to the division. Rather than an expiration date, they now submit the date the trainee completed the training.

State statutory or constitutional authorization for this rule:

• Section 62A-15-401
• Subsection 62A-15-105(5)

Anticipated cost or savings to:

the state budget:

The change is to the provider responsibilities, so there will not be any cost or saving to the state budget.

local governments:

There are not any local governmental entities providing on-premise training seminars, so there is no cost or saving to local governments.

small businesses:

If there are any costs, they would be only minimal in nature. They would be for them to program this change. It is anticipated that if there were any minimal costs, they would be passed to the customer taking the class.

persons other than small businesses, businesses, or local governmental entities:

If there are any costs, they would be only minimal in nature, as a small increase in the cost of the classes.

Compliance costs for affected persons:

If there are any costs, they would be only minimal in nature. They would be for them to program this change. It is anticipated that if there were any minimal costs, they would be passed to the customer taking the class.

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

The fiscal impact on businesses would be very minimal and would be passed on to the those who take the server certification classes. The improvement in fraud prevention outweighs any minimal costs that might be incurred.

Palmer DePaulis, Executive Director

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

Human Services
Substance Abuse and Mental Health
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, 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:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Lana Stohl, Director

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-23. On-Premise Alcohol Training and Education Seminar Rules of Administration.

R523-23-4. Provider Responsibilities.

(1) For each person completing the seminar, the provider shall electronically submit to the Division the name, last four digits of the person's social security number , the date the person completed the training, and the required fee, within 30 days of the completion of the seminar.

(2) Each person who has completed the seminar and passed the provider-administered and Division-approved examination shall be approved as a server for a period which begins at the completion of the seminar and expires three years from this date. Recertification requires the server to complete a new seminar every three years.

(3) The provider shall issue a certification card to the server. The card shall contain at least the name of the server and the expiration date. The provider shall be responsible for issuing any duplicates or lost cards.

(4) The Provider shall implement at least three of the following measures to prevent fraud:

(a) Authentication that the an individual accurately identifies the individual as taking the online course or test;

(b) Measures to ensure that an individual taking the online course or test is focused on training material throughout the entire training period;

(c) Measures to track the actual time an individual taking the online course or test is actively engaged online;

(d) A seminar provider to provide technical support, such as requiring a telephone number, email, or other method of communication that allows an individual taking the online course or test to receive assistance if the individual is unable to participate online because of technical difficulties;

(e) A test to meet quality standards, including randomization of test questions and maximum time limits to take a test;

(f) A seminar provider to have a system to reduce fraud as to who completes an online course or test, such as requiring a distinct online certificate with information printed on the certificate that identifies the person taking the online course or test, or requiring measures to inhibit duplication of a certificate;

(g) Measures to allow an individual taking an online course or test to provide an evaluation of the online course or test;

(h) A seminar provider to track the Internet protocol address or similar electronic location of an individual who takes an online course or test;

(i) An individual who takes an online course or test to use an e-signature; or

(j) A seminar provider to invalidate a certificate if the seminar provider learns that the certificate does not accurately reflect the individual who took the online course or test.

 

KEY: substance abuse, server training, on-premise

Date of Enactment or Last Substantive Amendment: [November 7, 2011]2012

Notice of Continuation: June 22, 2007

Authorizing, and Implemented or Interpreted Law: 62A-15-105(5); 62A-15-401

 

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