No. 43575 (Amendment): Section R523-12-4. Provider Responsibilities

(Amendment)

DAR File No.: 43575
Filed: 03/12/2019 12:26:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Department of Public Safety, State Bureau of Investigations (SBI) has requested this change to be able to match the Division of Substance Abuse and Mental Health (DSMAH) training records for SBI citations and violations. The collection of the date of birth has been added to allow for more accurate matching of participants information with their citation and violation information. DSAMH has entered into a memorandum of understanding (MOU) with the Department of Public Safety and SBI to require this new data field.

Summary of the rule or change:

Training providers will be required to collect and electronically submit the date of birth of the training participants.

Statutory or constitutional authorization for this rule:

• Subsection 32B-7-305(2)(a)

Anticipated cost or savings to:

the state budget:

There are costs to the Department of Human Services/DSAMH budget for programming the EASY online database at approximately $81 per hour. This project should take up to 40 hours for a total of $3,240.

local governments:

No local governments offer this training, so no cost will be incurred.

small businesses:

Training providers may incur a cost with this rule change, depending on the type of information they already collect in their information database and their ability to submit dates of birth. If their information systems need to be updated or replaced, the cost is inestimable because of the various programs and options available to collect this data, and the individual businesses desired course of action.

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

It is possible that software costs will be passed on the participants by the small businesses, but this cost is inestimable.

Compliance costs for affected persons:

There are compliance costs associated with this amendment, but DSMAH is not able to estimate those cost because there is not a process in place for DSMAH to ascertain the readiness of each agency to be compliant with adding the date of birth to their data collection software.

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

After conducting a thorough analysis, it was determined that this proposed rule change will result in a fiscal impact to businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Thomas Dunford at the above address, by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at [e-mail]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, 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:

05/01/2019

This rule may become effective on:

05/08/2019

Authorized by:

Doug Thomas, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$3,240

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$3,240

$0

$0

Fiscal Benefits

$0

$0

$0

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$(3,240)

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

No non-small businesses offer this training; therefore, no estimable or inestimable costs or benefits are associate with non-small businesses in this rule.

 

 

R523. Human Services, Substance Abuse and Mental Health.

R523-12. On-Premise Alcohol Training and Education Seminar Rules of Administration.

R523-12-4. Provider Responsibilities.

(1) For each person completing the seminar, the provider shall electronically submit to the Division the name, date of birth, 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 accurately identifies the individual 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: [December 22, 2015]2019

Authorizing, and Implemented or Interpreted Law: 62A-15-401; 63G-4-203

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