No. 43105 (Amendment): Rule R398-10. Autism Spectrum Disorders and Intellectual Disability Reporting

(Amendment)

DAR File No.: 43105
Filed: 07/23/2018 11:30:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

With the changes in the student privacy laws, the reporting to the Utah Registry of Autism and Developmental Disabilities (URADD) needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are updating terminology to clarify language to bring this rule into alignment with the statute changes.

Summary of the rule or change:

These rule changes are updating terminology to clarify language to bring this rule into alignment with statute changes in Subsection 53E-9-308(6)(b).

Statutory or constitutional authorization for this rule:

• Subsection 26-1-30(5)
• Subsection 26-1-30(6)
• Subsection 26-1-30(7)
• Subsection 26-1-30(8)
• Subsection 53E-9 308(6)(b)
• Section 26-5-4
• Section 26-5-3
• Subsection 26-1-30(9)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state revenues and expenditures because the reporting requirements remain the same. With the changes in the student privacy laws, the reporting requirement to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are only updating verbiage to match statute changes.

local governments:

These rule changes are not expected to have any fiscal impact on local governments revenues and expenditures because the reporting requirements remain the same. With the changes in the student privacy laws, the reporting requirement to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are only updating verbiage to match statute changes.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues and expenditures because the reporting requirements remain the same. With the changes in the student privacy laws, the reporting requirement to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are only updating verbiage to match statute changes.

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

These rule changes are not expected to have any fiscal impact on non-small businesses revenues and expenditures because reporting requirements remain the same. With the changes in the student privacy laws, the reporting requirement to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are only updating verbiage to match statute changes.

Compliance costs for affected persons:

These rule changes are not expected to have any fiscal impact on school districts and education institutions as they have been completing this reporting since the beginning of URADD. With the changes in the student privacy laws, the reporting to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. School districts and education institutions are the entities requesting wording clarifications.

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

After conducting a thorough analysis, it was determined that these amendments will not result in a fiscal impact to businesses.

Joseph K. Miner, MD, Executive Director

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

Health
Family Health and Preparedness, Children with Special Health Care Needs
44 N MARIO CAPECCHI DR
SALT LAKE CITY, UT 84113

Direct questions regarding this rule to:

• Joyce McStotts at the above address, by phone at 801-584-8239, by FAX at 801-584-8488, 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:

09/14/2018

This rule may become effective on:

09/21/2018

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$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:

$0

$0

$0

Fiscal Benefits

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:

$0

$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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This rule change is not expected to have any fiscal impact on school districts and education institutions as they have been completing this reporting since the beginning of URADD. With the changes in the student privacy laws, the reporting to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. School districts and education institutions are the entities requesting wording clarifications.

 

This rule change is not expected to have any fiscal impacts on non-small businesses revenues and expenditures because reporting requirements remain the same. With the changes in the student privacy laws, the reporting requirement to URADD needed to be clarified. Subsection 53E-9-308(6)(b) clarified the reporting requirement. These rule changes are only updating verbiage to match statute changes.

 

 

R398. Health, Family Health and Preparedness, Children with Special Health Care Needs.

R398-10. Autism Spectrum Disorders and Intellectual Disability Reporting.

[R398-10-1. Purpose and Authority.

This rule establishes reporting requirements for autism spectrum disorder (ASD) and intellectual disability and related test results in individuals. Sections 26-1-30(2)(c), (d), (e), (f), (g), 26-5-3, and 26-5-4 authorize this rule.]

R398-10-1. Authority and Purpose.

(1) This rule is authorized by Subsections 26-1-30(5), (6), (7), (8), (9), 53E-9-308(6)(b), 26-5-3, 26-5-4, and 26-7-4.

(2) This rule establishes reporting requirements for autism spectrum disorder (ASD) and intellectual disability and related screening and test results in individuals.

 

R398-10-2. Definitions.

As used in this rule:

(1) "Autism Spectrum Disorder" or "ASD" means a pervasive developmental disorder described by the American Psychiatric Association or the World Health Organization diagnostic manuals as: Autistic disorder, Atypical autism, Asperger Syndrome, Rett Syndrome, Childhood Disintegrative Disorder, or Pervasive Developmental Disorder-Not Otherwise Specified; or a special education classification for autism or other disabilities related to autism.

(2) "Intellectual Disability" means a condition marked by an intelligence quotient of less than or equal to 70 on the most recently administered psychometric test (or for infants, a clinical judgment of significantly subaverage intellectual functioning) and concurrent deficits or impairments in adaptive functioning in at least two of the following areas: communication, self-care, home living, social and interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety. This condition must have its onset before age 18 years.

(3) "Qualified professional" means a medical, clinical or educational professional in a position to observe children with developmental disabilities, including, psychologists, physicians, teachers, speech/language pathologists, occupational therapists, physical therapists, nurses, and social workers.

 

R398-10-3. Reporting by Diagnostic , [ or ]Treatment or Educational Facilities.

Diagnostic, [or ]treatment or educational facilities [that]which provide specialized care or individualized education programs for ASD and related disorders shall report or cause to report the following to the Department within thirty days of making an ASD diagnosis or special education classification for autism or other disabilities related to autism:

(1) patient's name;

(2) patient's date of birth;

(3) patient's address;

(4) home phone;

(5) patient's sex;

(6) mother's name;

(7) mother's date of birth;

(8) provider name;

(9) provider degree;

(10) provider specialty;

(11) provider address;

(12) provider phone number;

(13) diagnosis of autistic disorder, atypical autism, pervasive developmental disorder-not otherwise specified, Asperger's syndrome, or special education classification [that]which makes the individual eligible to receive special education services; and

(14) date of diagnosis.

 

R398-10-4. ASD and Intellectual Disability Records Review.

Upon Department request, qualified professionals and diagnostic, [or ]treatment or educational facilities [that]which provide specialized care or individualized education programs for ASD and related disorders shall allow the Department or its agents to review medical and educational records of individuals with ASD, intellectual disability, [mental retardation, ]and related disorders to clarify duplicate names and to collect demographic characteristics, medical and educational histories, and assessments.

 

R398-10-5. Confidentiality of Reports.

All reports herein required are confidential and are not open to public inspection. The confidentiality of personal information obtained under this rule shall be maintained according to the provisions of Utah Code, Title 26, Chapter 3.

 

R398-10-6. Liability.

As provided in Title 26, Chapter 25, persons who report information covered by this rule may not be held liable for reporting the information to the Department of Health.

 

KEY: autism spectrum, intellectual disability, reporting

Date of Enactment or Last Substantive Amendment: [August 30, 2005]2018

Notice of Continuation: March 12, 2014

Authorizing, and Implemented or Interpreted Law: [26-1-30(2)(c); 26-1-30(2)(d); 26-1-30(2)(e); 26-1-30(2)(f); 26-1-30(2)(g)]26-1-30(5); 26-1-30(6); 26-1-30(7); 26-1-30(8); 26-1-30(9); 53E-9-308(6)(b) ; 26-5-3; 26-5-4 ; 26-7-4

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