No. 31089: R523-1. Procedures

DAR File No.: 31089
Filed: 03/31/2008, 08:15
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-13-105(2) directs the division to establish rules that administrate the Mental Health Therapist Grant and Scholarship. Subsection 62A-15-105(2) directs the division to establish by rule minimum standards for local substance abuse authorities and local mental health authorities. Subsection 62A-15-108(1) directs the division to establish by rule formulas to allocate funds to local substance abuse authorities and local mental health authorities. Section 62A-15-606 allows the board to establish rules that apply to the state hospital that can be enforced and administered by the division. Subsection 62A-15-611(2)(a) directs the board to establish by rule formulas for allocating beds for adults to local mental health authorities. Subsection 62A-15-612(2) directs the board to establish by rule formulas for allocating beds for children to local mental health authorities. Subsection 62A-15-704(3)(a) directs the division to establish by rule due process procedures for children prior to the administration of antipsychotic medications, psychosurgery, and electroshock therapy.

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 comment has been received by the division, pertaining to this rule, over the past five years.

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

The division has reviewed this rule extensively and has concluded that most of the provisions related to mental health services are still appropriate for continuation to ensure continuity of care. There are also several subsections of this rule that are mandated by legislation that must remain in force. It has been noted that this rule is unorganized and not consumer friendly so a major rewrite is currently underway wherein rules providing for administration and program standards of substance abuse and mental health programs are being grouped into the same sections; and rules related to the Utah State Hospital are being moved to the state hospital rules. These rules are also being updated to reflect current practice and unneeded and ambiguous language is being removed. The division requested and was granted a 120-day extension with the intent to make the changes as outlined and to file a repeal of this rule, but that process has not been completed so a five-year review is being submitted at this time. The division anticipates the outlined changes to be filed by July or August of this year.

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
120 N 200 W
SALT LAKE CITY UT 84103-1500

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 [e-mail]

Authorized by:

Mark I Payne, Director