No. 38891 (5-year Review): Rule R539-4. Behavior Interventions

DAR File No.: 38891
Filed: 09/30/2014 05:34:47 PM

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-5-102(2) states that "the division has the responsibility to plan and deliver an appropriate array of services and supports to persons with disabilities and their families within this state." Subsection 62A-5-103(2) states that the division has the authority and responsibility to: administer an array of services and supports for persons with disabilities, supervise those programs, ensure that constitutional rights are not deprived without due process, establish standards and rules for administration and operations of programs, and insure compliance. Rule R539-4 establishes standards for behavior supports, which are a vital part of being able to provide services to people with disabilities in the community instead of institutional settings. This rule is necessary to protect the people our division serves by setting forth the supports that are appropriate, establishing criteria and standards for when those behavior supports can and should be used and in what manner, and overall providing oversight when they are used.

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

During the last year, starting in August of 2013, our division has participated in a collaborative workgroup with various self-advocates, outspoken family members of persons with disabilities, and service providers to gather feedback and make changes to Rule R539-4. The input has been substantial. This is a vital rule that will be reworked significantly because of that feedback. However, the main components and purposes remain the same - to provide protection for those persons with disabilities who are receiving behavior supports. The revisions of this rule will be submitted following the conclusion of our workgroup.

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

The division is tasked with managing community-based services waivers for people with disabilities. This would not be possible for persons with targeted behavioral issues without the ability to provide a varied range of behavior supports. This rule allows the division to do so, while also maintaining clear rules with the purpose of safeguarding the people our division serves. The division also relies on this rule, as do our service providers, to dictate appropriate behavior supports and interventions for those served. Therefore, this rule should be continued.

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

Human Services
Services for People with Disabilities
195 N 1950 W 3RD FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Nathan Wolfley at the above address, by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at [e-mail]

Effective:

09/30/2014

Authorized by:

Paul Smith, Director

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