R501-21-3. Definition

  (1) "Outpatient Treatment" is defined in 62A-2-101.

  (2) "Outpatient Treatment Program" means two or more individuals, at least one of whom provides outpatient treatment, and also meets one or more of the following criteria:

  (a) allows agents, contractors, persons with a financial interest, staff, volunteers, or individuals who are not excluded under R501-21-3-2 to either:

  (i) provide direct client services, including case management, transportation, assessment, screening, education, or peer support services. Direct client services do not include office tasks unrelated to client treatment, such as: billing, scheduling, standard correspondence and payroll; or

  (ii) manage or direct program operations, including intake, admissions or discharge, setting of fees, or hiring of staff.

  (b) offers outpatient treatment services to satisfy criminal court requirements.

  (c) is required by DHS contract to be licensed for outpatient treatment.

  (d) provides services requiring DUI Education Certification, or Justice Certification by the Division of Substance Abuse and Mental Health as authorized in 62A-15-103 and described in R523-4 and R523-11.

  (e) refers clients to services that present a conflict of interest or otherwise provide an opportunity for exploitation or fraud by the referring provider. Services may include: laboratory services, private probation, housing, employment, transportation or travel.

  (3) The following individuals are excluded from subsection (2) above:

  (a) individuals who are exempt from individual professional licensure under Utah Code 58-1-307;

  (b) individuals who are licensed, certified, or authorized under Utah Code 58, Chapters 60, 61, 67, 68; and

  (c) entities that are excluded under 62A-2-110.