No. 43141 (Amendment): Rule R523-5. Peer Support Specialist Training and Certification

(Amendment)

DAR File No.: 43141
Filed: 08/08/2018 10:09:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is necessary to update the authorization citation, and create a due process for decertifying current Peer Support Specialists (PSS) under certain conditions that place others at risk of harm, and an appeals process for those that revocation actions are taken against.

Summary of the rule or change:

These changes include: the authorization citation has been updated; PSSs are required to abide by the Department of Human Services (DHS) code of conduct; the employer of a PSS is required to report if they are aware of misconduct by a PSS; the Division of Substance Abuse and Mental Health (Division) may revoke certification if the PSS acts unprofessionally or illegally, or does not meet the CEU requirements; and PSSs that have been notified of a revocation may appeal their case to the Division director or designee, who may support or revoke the revocation.

Statutory or constitutional authorization for this rule:

• Subsection 62A-15-103(2)(v)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost, these rule changes formalize the Division's procedure within PSS certification. In the new Section R523-5-9, they clarify that the Division will start sending Notices of Agency Action (NAA) out to the individuals that have their PSS certification revoked. This is a new process so there is not an average number of revocations to calculate, but based on past experience, about one person per year is discharged by their employer for illegal or unprofessional conduct; putting together one NAA in the first year, and calculating printing and mailing cost makes this impact basically negligible.

local governments:

These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. There should be no cost savings or increases to local governments.

small businesses:

It is anticipated that no small businesses will participate in the certification or endorsement described in this rule. This rule mostly effects local governments, employees of local governments, businesses contracted with local governments to provided substance use and/or mental health treatment services (none of which are small businesses at this time), and private citizens that are proactively seeking work within the public substance use and mental health treatment field and are covering personal cost to receive the certification and endorsement to place on a resume.

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

Each PSS has been required by this rule to "maintain adequate documentation as proof of compliance" in the new Section R523-5-9. In the past, PSS certifications have been revoked by noncompliance, these instances have been handled at the employer level, this rule change adds clarifying language on how the Department will handle these as a whole. There is no reason to believe that more individuals are at risk of losing employment because of a decertification over the number of individuals that lost employment before a formal process was in place.

Compliance costs for affected persons:

No compliance costs are associated with this rule change other than those that already exist from the initial establishment of this rule.

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 proposed changes will not 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:

10/01/2018

This rule may become effective on:

10/08/2018

Authorized by:

Doug Thomas, 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

$0

$0

$0

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small

$0

$0

$0

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 in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This rule change is not expected to have any fiscal impacts on non-small businesses revenues or expenditures, because it is not anticipated that the peer support specialist training and certification process to be utilized by any non-small or small business.

 

 

R523. Human Services, Substance Abuse and Mental Health.

R523-5. Peer Support Specialist Training and Certification.

R523-5-1. Purpose[, Authority and Intent].

(1) Purpose. This rule prescribes standards for certification of Peer Support Specialist Training programs; the qualifications required of instructors for providing Peer Support Training; and the requirements to become [an]a Peer Support Specialist and establishes guidelines for population specific peer support services.

 

R523-5-2. Authority.

[(2)](1) [Statutory Authority. ]These standards are promulgated by the Utah Department of Human Services through the Division of Substance Abuse and Mental Health[, hereinafter referred to as "Division",] as authorized by [Section 62A-15-103(h)]Subsection 62A-15-103(2)(v).

 

R523-5-3. Intent.

[(3)](1) [Intent. ]The objective of the peer support specialist training is to establish training programs to certify individuals that have completed requisite training to work as substance use disorder and/or mental health peer support specialists and provide services based on service guidelines.

 

R523-5-[2]4 . Definitions.

(1) "Peer Support Specialist (PSS)" is an individual who has successfully completed an approved Peer Support Specialist Training Program and for ongoing certification has met the requirements outlined in [paragraph]Section R523-5-[6]8.

(2) "Approved Curriculum" means a curriculum which has been approved by the Division in accordance with these rules.

(3) "Certification" means that the Division verifies the individual has met the requirements outlined in this rule to be a peer support specialist and has completed the required training.

(4) "Director" means the Director of the Division of Substance Abuse and Mental Health.

(5) "Division" means the Division of Substance Abuse and Mental Health.

(6) "Peer Support Specialist Training Program" is an instructional series operated by an approved agency or organization which satisfies the standards established by the Division and is herein referred to as a "Peer Support Specialist Training Program".

(7) "Program Certificate" is a written authorization issued by the Division to the training entity which indicates that the Program has been found to be in compliance with these Division standards.

(8) "Recovery" is a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential.

(9) "Youth-In-Transition" means young people who are between the ages of 16 and 25, or those outside of this age range for which peer support services have been deemed developmentally and socially appropriate by a licensed mental health therapist.

 

R523-5-[3]5 . Certification Requirements for Peer Support Specialist Training Programs.

(1) An application for Program Certification will require that the program provide, among other things:

(a) Qualifications of individuals who will be providing the training.

(b) A curriculum that outlines no less than forty (40) hours of face-to-face instruction covering the curriculum requirements outlined in [paragraph]Section R523-5-[5](7) for a PSS.

(c) A plan to ensure that instructors continue to meet reported qualifications and adhere to the approved curriculum.

(d) An agreement to maintain records of the individual's attendance and completion of all program requirements for at least seven years.

(e) An agreement to comply with all applicable local, state and federal laws and regulations.

(2) The Division Director has the authority to grant exceptions to any of the certification requirements.

 

R523-5-[4]6 . Division Oversight of Program.

(1) The Division may enter and survey the physical facility, program operation, review curriculum and interview staff to determine compliance with this rule or any applicable contract to provide such services.

(2) The PSS Training Program shall also allow representatives from the Division and from the local authorities as authorized by the Division to attend the classes held. Such visits may be announced or unannounced.

(3) The Division will establish an application process to review and approve applicants for the PSS Training Program. This process will:

(a) Develop and publish an application to be a PSS.

(b) Solicit input from stakeholders, PSS's and other individuals on the review process.

(c) Establish further criteria for acceptance into the PSS program as needed.

 

R523-5-[5]7 . Curriculum Requirements for Adult Peer Support Specialist Training Programs.

(1) This curriculum shall provide at least forty (40) hours of instruction for original certification and twenty (20) hours for any and all re-certifications. The curriculum shall include the following components as they relate to the PSS's lived experience and recovery in order to assist in the identified client's strengths working towards recovery:

(a) Etiology of mental illness and substance use disorders;

(b) The stages of recovery from mental illness and substance use disorders;

(c) The relapse prevention process;

(d) Combating negative self-talk;

(e) The Role of peer support in the recovery process and using your recovery story as a recovery tool;

(f) Dynamics of change;

(g) Ethics of peer support;

(h) Professional relationships, boundaries and limits;

(i) Scope of peer support;

(j) Cultural competence: self-awareness - cultural identity;

(k) Stigma and labeling;

(l) Community resources to support individuals in recovery;

(m) Assisting individuals in accomplishing recovery goals;

(n) Coach, mentor, and role model recovery;

(o) Assist in identification of natural, formal and informal supports;

(p) Stress management techniques;

(q) Assist individuals in reaching educational and vocational goals;

(r) Crisis prevention; and

(s) Assist with physical health and wellness.

(2) The curriculum shall include:

(a) Active listening and communication skills; and

(b) Basic motivational interviewing skills.

(3) The curriculum must include a strong emphasis on ethical behavior, dual relationships, scope of peer support and professional boundaries and should include case studies, role plays and experiential learning.

 

R523-5-[6]8 . Requirements to Become a PSS.

(1) Be an individual who participated in substance use disorder or mental health treatment services who is now in sustained recovery, or

(2) Be an individual in recovery from substance use or mental health disorders through means other than treatment services who is now in sustained recovery.

(3) Be at least 18 years of age.

(4) Complete the application process with the Division.

(5) Pass the qualification exam with score of 70% or above.

(6) Have attended and successfully completed a Division approved PSS training program and have a valid certificate from that training.

 

R523-5-[7]9 . Requirements to Remain Qualified as a PSS.

(1) Complete at least twenty (20) hours of continuing education every two (2) years including two (2) hours of ethics training, six (6) hours pertaining specifically to peer support services, one (1) hour of suicide prevention training and eleven (11) hours of general mental health and/or substance use disorder training.

(2) Each PSS shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The PSS shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due; and

(a) At a minimum, the documentation shall contain the following:

(i) Date of the course;

(ii) Name of the course provider;

(iii) Name of the instructor;

(iv) Course title;

(v) Number of hours of continuing education credit; and

(vi) Course objectives.

(3) Each PSS shall abide by the Provider Code of Conduct pursuant to Section R495-876, and as also found in the Department of Human Services Provider Code of Conduct Policy.

(a) Each employer shall notify the Division within 30 days, if a certified PSS engages in unprofessional or unlawful conduct.

(b) The Division may revoke, refuse to certify or renew a certification to an individual who is substantiated to have engaged in unprofessional or unlawful conduct.

(c) If a PSS fails to complete the requirements for CEUs, their certificate may be revoked or allowed to expire and may not be renewed.

(d) The Division shall revoke, refuse to certify or renew a certification to an individual who is substantiated to have engaged in unprofessional or unlawful conduct.

(4) An individual who has been served a Notice of Agency Action that the certification has been revoked or will not be renewed may request a Request for Review to the Division Director or designee within 30 days of receipt of notice.

(5) The Division Director or designee shall review the findings of the Notice of Agency Action and shall determine to uphold, amend or revise the action of denial or revocation of the certification.

 

R523-5-[8]10 . Population Specific Guidelines.

(1) Typically a PSS works with individuals age 18 and older.

(2) A PSS may work with Youth-In-Transition if the PSS has completed Youth-In-Transition training, in addition to any other PSS training, of no less than 8 hours, and receives a Youth-In-Transition endorsement from the Division on their PSS certification.

 

R523-5-[9]11 . Curriculum Requirements for Youth-In-Transition Training Programs.

(1) This curriculum shall provide at least eight (8) hours of instruction for the Youth-In-Transition endorsement of PSS certification. The curriculum, which shall be approved by the Division, shall include, but not be limited to, the following components as they relate to Youth-In-Transition:

(a) Meaning of Youth-In-Transition and specific challenges related to this population;

(b) Preferred practice models and tools;

(c) Population specific material regarding: common challenges, barriers, resources, relationship issues, recovery, housing, employment, legal, crisis, cultural and self-care.

(d) Professional relationships, boundaries and limits.

(2) The curriculum must be strength based and shall include:

(a) Active listening and communication skills; and

(b) Basic motivational interviewing skills.

(3) The curriculum shall include a strong emphasis on ethical behavior, dual relationships, scope of peer support and professional boundaries and shall include case studies, role plays and experiential learning specific to Youth-In-Transition.

(4) The Division, PSS, mental health and substance use disorder professionals and advocate organizations shall regularly review and make evidence-based updates to the curriculum at least every two years. Final determination on curriculum changes or updates shall be made by the Division.

 

KEY: peer support specialists, PSS program, certification of programs, substance use disorder

Date of Enactment or Last Substantive Amendment: [August 1, 2017]2018

Authorizing, and Implemented or Interpreted Law: [62A-15-402]62A-15-103(2)(v)

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