OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed April 17, 2001, 12:00 a.m. through May 1, 2001, 11:59 p.m. Number May 15, 2001

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1 OFFICIAL NOTICES OF UTAH STATE GOVERNMENT Filed April 17, 2001, 12:00.m. through My 1, 2001, 11:59 p.m. Number My 15, 2001 Kenneth A. Hnsen, Director Nncy L. Lncster, Editor The is the officil noticing publiction of the executive brnch of Uth Stte Government. The Deprtment of Administrtive Services, Division of Administrtive Rules produces the under uthority of Section , Inquiries concerning dministrtive rules or other contents of the my be ddressed to the responsible gency or to: Division of Administrtive Rules, PO Box , Slt Lke City, Uth , telephone (801) , FAX (801) To view rules informtion, nd on-line versions of the division's publictions, visit: The informtion in this is summrized in the. The nd re printed nd distributed semi-monthly by Legisltive Printing. Annul subscription rtes (24 issues) re $174 for the nd $48 for the. Inquiries concerning subscription, billing, or chnges of ddress should be ddressed to: LEGISLATIVE PRINTING PO BOX SALT LAKE CITY, UT (801) FAX (801) ISSN

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3 1. EDITOR'S NOTES Rulemking Legisltion Effective My 1, Edition of the Uth Administrtive Code Now Avilble SPECIAL NOTICES Deprtment of Trnsporttion: Public Notice - Implementtion of Permit Fees for Occupying UDOT s Highwy Rights-of-Wy... 3 Deprtment of Community nd Economic Development, Community Development, Librry: Public Notice of Avilble Uth Stte Publictions NOTICES OF PROPOSED RULES Administrtive Services Finnce No (Amendment): R25-7. Trvel-Relted Reimbursements for Stte Employees... 5 Commerce Occuptionl nd Professionl Licensing No (Amendment): R Physicl Therpist Prctice Act Rules... 9 No (Amendment): R156-60c. Professionl Counselor Licensing Act Rules Economic Development Community Development, Librry No (Amendment): R Public Librry Online Access for Eligibility to Receive Public Funds Helth Helth Cre Finncing, Coverge nd Reimbursement Policy No (Amendment): R Uth Medicl Assistnce Progrm (UMAP) Helth Cre Finncing, Medicl Assistnce Progrm No (Amendment): R Uth Medicl Assistnce Progrm Humn Services Substnce Abuse No (Amendment): R Alcohol Trining nd Eduction Seminr Rules of Administrtion Insurnce Administrtion No (New): R Privcy of Consumer Finncil nd Helth Informtion Rule UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 i

4 TABLE OF CONTENTS Nturl Resources Prks nd Recretion No (Amendment): R Off-Highwy Vehicle Assigned Numbers nd Registrtion Stickers No (Amendment): R Deler Registrtion No (Amendment): R Temporry Registrtion No (Amendment): R Definitions s Used in These Rules No (Amendment): R Animls No (Amendment): R Protection of Resources Prk System Property Public Service Commission Administrtion No (Amendment): R Pipeline Sfety Tx Commission Administrtion No (Amendment): R861-1A-17. Definition of Return Pursunt to Uth Code Ann. Sections nd Auditing No (Amendment): R865-19S-4. Collection of Tx Pursunt to Uth Code Ann. Section No (Amendment): R865-19S-79. Tourist Home, Hotel, Motel, or Triler Court Accommodtions nd Services Defined Pursunt to Uth Code Ann. Sections , , , nd No (Amendment): R865-19S-85. Sles nd Use Tx Exemptions for New or Expnding Opertions nd Norml Operting Replcements Pursunt to Uth Code Ann. Section Motor Vehicle No (Amendment): R873-22M-35. Reissunce of Personlized License Pltes Pursunt to Uth Code Ann. Sections nd Workforce Services Employment Development No (Amendment): R Fmily Employment Progrm No (New): R Workforce Informtion Act No (Repel): R Authority nd Definitions for Progrms Authorized under JTPA No (Repel): R Generl Administrtive Provisions No (Repel): R Prticipnt Dt System Procedures No (Amendment): R Child Cre Assistnce No (Amendment): R Options nd Wivers ii UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

5 TABLE OF CONTENTS 4. NOTICES OF 120-DAY (EMERGENCY) RULES Helth Helth Cre Finncing, Coverge nd Reimbursement Policy No : R Uth Medicl Assistnce Progrm (UMAP) Helth Cre Finncing, Medicl Assistnce Progrm No : R Uth Medicl Assistnce Progrm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Commerce Occuptionl nd Professionl Licensing No : R Phrmcy Prctice Act Rules No : R Privte Probtion Provider Licensing Act Rules Humn Services Substnce Abuse No : R Division Rules Insurnce Administrtion No : R Life Insurnce Illustrtions Rule Trnsporttion Motor Crrier, Ports of Entry No : R Minimum Tire, Axle nd Suspension Rtings for Hevy Vehicles nd the Use of Retrctble or Vrible Lod Suspension Axles in Uth NOTICES OF FIVE-YEAR REVIEW EXTENSIONS NOTICES OF RULE EFFECTIVE DATES RULES INDEX UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 iii

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7 RULEMAKING LEGISLATION EFFECTIVE MAY 1, 2001 UTAH CODE ANN. Section provides tht "every [dministrtive] rule tht is in effect on Februry 28 of ny clendr yer expires on My 1 of tht yer unless it hs been reuthorized by the Legislture." The sttute requires tht "the [Legislture's] Administrtive Rules Review Committee shll hve omnibus legisltion prepred for considertion by the Legislture during its nnul generl session." The form of the legisltion is sttement tht ll dministrtive rules re reuthorized, followed by n exception list of dministrtive rules, or portions of dministrtive rules, tht re not reuthorized. During the 2001 Generl Session, Rep. Dvid Ure sponsored House Bill (H.B.) 37 entitled "Reuthoriztion of Administrtive Rules." This bill reuthorized ll dministrtive rules except Subsections R156-55b-102(2), nd R156-55C-102(3) from the Deprtment of Commerce, Division of Occuptionl nd Professionl Licensing. These rules regulte electricins nd plumbers, respectively. The effective dte of H.B. 37 ws My 1, In nticiption, the Division of Occuptionl nd Professionl Licensing mde effective its previously proposed rules published in the Jnury 1, 2001, issue of the Uth Stte Bulletin (DAR No nd DAR No ), which eliminted the two subsections. These proposed rules were mde effective April 30, Therefore, the Division of Administrtive Rules did not need to tke ction pursunt to H.B. 37. The enrolled version of H.B. 37 ws published in the Mrch 15, 2001, issue of the Uth Stte Bulletin. A copy of the enrolled bill my lso be obtined from or from the Office of Legisltive Printing, 419 Stte Cpitol, Slt Lke City, UT 84114, (801) The notices of effective dte for the rules referred to bove pper in this, the My 15, 2001, issue of the Uth Stte Bulletin. If you hve ny questions regrding H.B. 37 or the reuthoriztion process, plese contct Kenneth A. Hnsen, Director, Division of Administrtive Rules, PO Box , Slt Lke City, UT , phone: (801) , FAX: (801) , or Internet E-mil: khnsen@ds.stte.ut.us EDITION OF THE UTAH ADMINISTRATIVE CODE NOW AVAILABLE The Division of Administrtive Rules is delighted to nnounce the 2001 edition of the Uth Administrtive Code (Code). This edition of the Code provides mny fetures tht mke it n invluble reference tool. History notes, cse lw nnottions, nd Sheprd cittions re included, s well s the full text of ll the dministrtive rules of Uth, but presented in formt tht tkes up less thn one third the shelf-spce of the 1995 edition. The Code is presented in softbound set of ten volumes: nine volumes of rule nd nnottion text, plus one volume of tbles nd index. More nd smller volumes men Code tht is more ccessible. Subscribers will be ble to either purchse the entire Code, or only those volumes tht re needed. Relying only on nnul replcements of the Code would render it obsolete very shortly. Tht is why the Code will be supplemented in print t mid-yer. In ddition, the Code is prt of the Lw on Disc for Uth product, which is updted every two months. This CD-ROM product contins ll the mterils vilble in the print Code, s well s the dded benefits of hypertext linking nd sophisticted serch cpbilities. Contct LEXIS Publishing for ordering informtion. Cll toll-free t (800) ; fx toll-free t (800) ; or send E- mil to: customer.support@bender.com. Stte gencies my purchse the Code under sttewide contrct PD-934. UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 1

8 The Specil Notices Section Begins on the Following Pge 2 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

9 DEPARTMENT OF TRANSPORTATION PUBLIC NOTICE IMPLEMENTATION OF PERMIT FEES FOR OCCUPYING UDOT S HIGHWAY RIGHTS-OF-WAY In ccordnce with Uth Code Section nd Administrtive Rule R930-6, the Uth Deprtment of Trnsporttion (UDOT) will updte its permit fees for the ccommodtion of utilities on highwy rights-of-wy. This chnge in permit fees will become effective June 1, UDOT hs estblished the following rtes: Non-Construction $ 20 Smll Projects $100 Medium Projects $200 Lrge Projects $400 (less thn mile) For dditionl informtion or if you hve ny questions, plese cll Mr. Orlndo Jerez, the Chief Utility/Rilrod Engineer for the Deprtment t (801) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT, LIBRARY PUBLIC NOTICE OF AVAILABLE UTAH STATE PUBLICATIONS The Uth Stte Librry Division hs mde vilble Uth Stte Publictions List No , dted April 27, 2001 ( For copy of the complete list, contct the Uth Stte Librry Division t: 1950 West 250 North, Suite A, Slt Lke City, UT ; phone: (801) ; or the Division of Administrtive Rules, PO Box , Slt Lke City, UT ; phone: (801) ; FAX: (801) ; or view them on the World Wide Web t the ddress bove. End of the Specil Notices Section UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 3

10 NOTICES OF A stte gency my file PROPOSED RULE when it determines the need for new rule, substntive chnge to n existing rule, or repel of n existing rule. Filings received between April 17, 2001, 12:00.m., nd My 1, 2001, 11:59 p.m., re included in this, the My 15, 2001, issue of the Uth Stte Bulletin. In this publiction, ech PROPOSED RULE is preceded by RULE ANALYSIS. This nlysis provides summry informtion bout the PROPOSED RULE including the nme of contct person, nticipted cost impct of the rule, nd legl cross-references. Following the RULE ANALYSIS, the text of the PROPOSED RULE is usully printed. New rules or dditions mde to existing rules re underlined (e.g., exmple). Deletions mde to existing rules re struck out with brckets surrounding them (e.g., [exmple]). Rules being repeled re completely struck out. A row of dots in the text ( ) indictes tht unffected text ws removed to conserve spce. If PROPOSED RULE is too long to print, the Division of Administrtive Rules will include only the RULE ANALYSIS. A copy of rules tht re too long to print is vilble from the filing gency or from the Division of Administrtive Rules. The lw requires tht n gency ccept public comment on PROPOSED RULES published in this issue of the Uth Stte Bulletin until t lest June 14, The gency my ccept comment beyond this dte nd will list the lst dy the gency will ccept comment in the RULE ANALYSIS. The gency my lso hold public herings. Additionlly, citizens or orgniztions my request the gency to hold hering on specific PROPOSED RULE. Section (1987) requires tht hering request be received "in writing not more thn 15 dys fter the publiction dte of the PROPOSED RULE." From the end of the public comment period through September 12, 2001, the gency my notify the Division of Administrtive Rules tht it wnts to mke the PROPOSED RULE effective. The gency sets the effective dte. The dte my be no fewer thn 31 dys nor more thn 120 dys fter the publiction dte of this issue of the Uth Stte Bulletin. Alterntively, the gency my file CHANGE IN PROPOSED RULE in response to comments received. If the Division of Administrtive Rules does not receive NOTICE OF EFFECTIVE DATE or CHANGE IN PROPOSED RULE, the PROPOSED RULE filing lpses nd the gency must strt the process over. The public, interest groups, nd governmentl gencies re invited to review nd comment on PROPOSED RULES. Comment my be directed to the contct person identified on the RULE ANALYSIS for ech rule. PROPOSED RULES re governed by Uth Code Section (1996); nd Uth Administrtive Code Rule R15-2, nd Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, nd R The Proposed Rules Begin on the Following Pge. 4 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

11 DAR File No NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: FILED: 04/30/2001, 11:18 RECEIVED BY: NL RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The rule ws revised s result of division review of milege rtes nd of per diem for mels nd lodging. The review showed the following: The stte's per diem for mels is below the per diem for surrounding sttes. The lodging per diem is not sufficient for some Uth cities. Fuel costs re rising ntionwide. In ddition, some form numbers were out of dte. We lso needed to updte Section R25-7-2, Authority nd Exemptions. SUMMARY OF THE RULE OR CHANGE: The rule ws mended to: chnge the in-stte trvel mel per diem to $30 nd the out-of-stte trvel mel per diem to $38. Chnge the lodging per diem for Cedr City, St. George, Prk City, Heber City, nd Midwy. Chnge the reimbursement rte for privte vehicle milege to 27 cents per mile, or 34-1/2 cents per mile if stte fleet vehicle is not vilble to the employee. Chnge the reimbursement rte to 27 cents for trveler who chooses to drive privtely-owned vehicle insted of flying. Updte form numbers for the Trvel Reimbursement form. Updte Section R to reflect the legisltive intent from the 2001 session. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: Section 63A-3-107, 2000 Uth Lws 344, nd 2001 Uth Lws 334 ANTICIPATED COST OR SAVINGS TO: bthe STATE BUDGET: Amending this rule will result in cost to the stte budget becuse stte gencies will spend more to reimburse some trvel expenses. Agencies of the Executive Brnch will spend $4 more for ech mel per diem they reimburse; 2 cents more for ech privte vehicle mile they reimburse; $10 more per night when they reimburse lodging for Cedr City or St. George; nd $13 more per night when they reimburse lodging for Prk City, Heber City, or Midwy. The legisltive stff, the Judicil Brnch, nd the Uth System of Higher Eduction will py 2 cents more for ech personl vehicle mile they reimburse when fleet vehicle is vilble to the employee. Becuse we do not know how mny totl miles, how mny totl mels, or how mny totl nights' lodging in the specified cities gencies will reimburse, we cnnot nticipte the ggregte cost to the stte budget. NOTICES OF PROPOSED RULES blocal GOVERNMENTS: This rule pplies only to stte gencies nd stte employees nd, therefore, will hve no impct on locl government. bother PERSONS: The mendments to this rule my result in svings to stte employees who trvel on business. Employees of the Executive Brnch who drive personl vehicle for business will receive 2 cents more per mile driven. Employees who receive the mel per diem will receive $4 more per dy. Employees will receive $10 more per night for lodging reimbursement for Cedr City or St. George nd $13 more per night for lodging reimbursement for Prk City, Heber City, or Midwy. Employees of the legisltive stff, the Judicil Brnch, nd the Uth System of Higher Eduction who choose to drive personl vehicle when fleet vehicle is vilble will receive 2 cents more per mile driven. Becuse we do not know how mny totl miles, how mny totl mels, or how mny totl nights' lodging in the specified cities employees will be reimbursed for, we cnnot nticipte the ggregte svings to employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There re no complince costs ssocited with the revisions to Rule R25-7. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Amendments to Rule R25-7 pply only to stte gencies nd stte employees (including legisltive stff, the Judicil Brnch, nd the Uth System of Higher Eduction) nd hve no impct on businesses. Rylene G. Irelnd, Executive Director THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: Administrtive Services Finnce 2110 Stte Office Building 450 North Min Stte Slt Lke City, UT , or t the Division of Administrtive Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Teddy Crmer t the bove ddress, by phone t (801) , by FAX t (801) , or by Internet E-mil t tcrmer@fi.stte.ut.us. 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 06/14/2001. THIS RULE MAY BECOME EFFECTIVE ON: 06/15/2001 AUTHORIZED BY: Kim S. Thorne, Director R25. Administrtive Services, Finnce. R25-7. Trvel-Relted Reimbursements for Stte Employees. R Purpose. The purpose of this rule is to estblish procedures to be followed by deprtments to py trvel-relted reimbursements to stte employees. UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 5

12 NOTICES OF PROPOSED RULES DAR File No R Authority nd Exemptions. (1) This rule is estblished pursunt to Section 63A-3-107, () The trveler my combine the reimbursement methods during trip; however, he must use the sme method of which uthorizes the Division of Finnce to dopt rules covering in- reimbursement for n entire dy. stte nd out-of-stte trvel. (b) Actul mel cost includes tips. (2) Sente Bill 1, Line Item 60 of the 2000 legisltive session (c) Alcoholic beverges re not reimbursble. (2000 Uth Lws 344), s continued by House Bill 1, Item 57 of the (6) The mel reimbursement clcultion is comprised of three 2001 legisltive session (2001 Uth Lws 334), contins intent prts: lnguge directing tht the milege reimbursement rte uthorized () The dy the trvel begins. The trveler's entitlement is in Section R lso be pplied to legisltive stff, the Judicil determined by the time of dy he leves his home bse (the loction Brnch nd to the Uth System of Higher Eduction. the employee leves from nd/or returns to), s illustrted in the following tble. TABLE 3 R Reimbursement for Mels. (1) Stte employees who trvel on stte business my be eligible for mel reimbursement. (2) The reimbursement will include tx, tips, nd other expenses ssocited with the mel. (3) Allownces for in-stte trvel differ from those for out-ofstte trvel. () The dily trvel mel llownce for in-stte trvel is $[26]30.00 nd is computed ccording to the rtes listed in the following tble. Mels Rte Brekfst $[5]6.00 Lunch $[7]9.00 Dinner $[14]15.00 Totl $[26]30.00 TABLE 1 In-Stte Trvel Mel Allownces (b) The dily trvel mel llownce for out-of-stte trvel is $[34]38.00 nd is computed ccording to the rtes listed in the following tble. Mels Rte Brekfst $[8]9.00 Lunch $[9]11.00 Dinner $[17]18.00 Totl $[34]38.00 TABLE 2 Out-of-Stte Trvel Mel Allownces The Dy Trvel Begins 1st Qurter 2nd Qurter 3rd Qurter 4th Qurter.m..m. p.m. p.m. 12:01-6:00 6:01-noon 12:01-6:00 6:01-midnight *B, L, D *L, D *D *no mels In-Stte $[26]30.00 $[21]24.00 $[14]15.00 $0 Out-of-Stte $[34]38.00 $[26]29.00 $[17]18.00 $0 *B=Brekfst, L=Lunch, D=Dinner (b) The dys t the loction. (i) Complimentry mels of hotel, motel, nd/or ssocition nd mels included in the registrtion cost re deducted from the totl dily mel llownce. (ii) Mels provided on irlines will not reduce the mel llownce. (c) The dy the trvel ends. The mel reimbursement the trveler is entitled to is determined by the time of dy he returns to his home bse, s illustrted in the following tble. TABLE 4 The Dy Trvel Ends 1st Qurter 2nd Qurter 3rd Qurter 4th Qurter.m..m. p.m. p.m. 12:01-6:00 6:01-noon 12:01-7:00 7:01-midnight *no mels *B *B, L *B, L, D In-Stte $0 $[5]6.00 $[12]15.00 $[26]30.00 Out-of-Stte $0 $[8]9.00 $[17]20.00 $[34]38.00 *B=Brekfst, L=Lunch, D=Dinner (4) When trveling to premium cities (New York, Los Angeles, Chicgo, Sn Frncisco, Wshington DC, Boston, nd Atlnt), the trveler my choose to ccept the per diem rte for outof-stte trvel or to be reimbursed t the ctul mel cost, with originl receipts, up to $50 per dy. () The trveler must be entitled to ll mels for the dy in order to qulify for premium rtes for given dy. (b) The trveler must use the sme method of reimbursement for n entire dy. (c) Actul mel cost includes tips. (d) Alcoholic beverges re not reimbursble. (5) When trveling in foreign countries, the trveler my choose to ccept the per diem rte for out-of-stte trvel or to be reimbursed t the resonble, ctul mel cost, with originl receipts. (7) An employee my be uthorized by his Deprtment Director or designee to receive mel llownce when his destintion is t lest 100 miles from his home bse nd he does not sty overnight. () Brekfst is pid when the employee leves his home bse before 6:01.m. (b) Lunch is pid when the trip meets one of the following requirements: (i) The employee is on n officilly pproved trip tht wrrnts entitlement to brekfst nd dinner. (ii) The employee leves his home bse before 10.m. nd returns fter 2 p.m. (iii) The Deprtment Director provides prior written pprovl bsed on circumstnces. 6 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

13 DAR File No NOTICES OF PROPOSED RULES (c) Dinner is pid when the employee leves his home bse (ii) Actul cost up to $30 per night with signed receipt from nd returns fter 7 p.m. fcility such s cmpground or triler prk, not from privte (d) The llownce is not considered n bsolute right of the residence. employee nd is uthorized t the discretion of the Deprtment (10) Trvelers who re on ssignment wy from their home Director or designee. bse for longer thn 90 dys will be reimbursed s follows: () First 30 dys - follow regulr rules for lodging nd mels. Lodging receipt is required. (b) After 30 dys - $46 per dy for lodging nd mels. No receipt is required. R Reimbursement for Lodging. Stte employees who trvel on stte business my be eligible for lodging reimbursement. R Reimbursement for Incidentls. (1) Lodging is reimbursed for single occupncy only. Stte employees who trvel on stte business my be eligible (2) For non-conference hotel in-stte trvel, where the for reimbursement for incidentl expenses. deprtment/trveler mkes reservtions through the Stte Trvel (1) Trvelers will be reimbursed for ctul out-of-pocket costs Agency, the stte will reimburse the ctul cost up to $55 per night for incidentl items such s bggge tips nd trnsporttion costs. plus tx except in Mob, Cedr City, St. George, metropolitn Slt () Tips for mid service, doormen, nd mels re not Lke City (Drper to Centerville), Ogden city, Prk City, Heber reimbursble. City, Midwy, nd Provo/Orem city. In these res, the rtes re: (b) No other grtuities will be reimbursed. () Mob, Cedr City, nd St. George - $65 per night plus tx (c) Include n originl receipt for ech individul incidentl (b) Metropolitn Slt Lke City (Drper to Centerville), Prk item bove $ City, Heber City, nd Midwy - $68 per night plus tx (2) The stte will reimburse incidentl ground trnsporttion (c) Ogden city nd Provo/Orem city - $63 per night plus tx nd prking expenses. (3) The stte will reimburse the ctul cost per night plus tx () Trvelers shll document ll officil business use of txi, for out-of-stte trvel where the deprtment/trveler mkes bus, prking, nd other ground trnsporttion including dtes, reservtions through the Stte Trvel Agency. destintions, prking loctions, receipts, nd mounts. (4) The sme rtes pply for in-stte trvel for stys t non- (b) Personl use of such trnsporttion to resturnts is not conference hotel where the deprtment/trveler mkes their own reimbursble. reservtions. (c) Prking t the Slt Lke City irport will be reimbursed t (5) For out-of-stte trvel, the stte will reimburse the ctul mximum of the irport long-term prking rte with receipt. cost up to $65 per night plus tx. (3) Registrtion should be pid in dvnce on stte wrrnt. (6) Exceptions will be llowed for unusul circumstnces () A copy of the pproved FI 5 form must be included with when pproved in writing by the Deprtment Director or designee the Pyment Voucher for out-of-stte registrtions. prior to the trip. (b) If trveler must py the registrtion when he rrives, the () For out-of-stte trvel, the pprovl my be on the form FI gency is expected to process Pyment Voucher nd hve the 5. trveler tke the stte wrrnt with him. (b) Attch the written pprovl to the Trvel Reimbursement (4) Telephone clls relted to stte business re reimbursed t Request, form FI 51[A]B or FI 51D. the ctul cost. (7) For stys t conference hotel, the stte will reimburse the () The trveler shll list the mount of these clls seprtely ctul cost plus tx for both in-stte nd out-of-stte trvel. The on the Trvel Reimbursement Request, form FI 51A or FI 51B. trveler must include the conference registrtion brochure with the (b) The trveler must provide n originl lodging receipt or Trvel Reimbursement Request, form FI 51A or FI 51B. originl personl phone bill showing the phone number clled nd (8) A proper receipt for lodging ccommodtions must the dollr mount for business telephone clls nd personl ccompny ech request for reimbursement. telephone clls mde during stys of five nights or more. () The tissue copy of the MsterCrd Corporte chrge (5) Allownces for personl telephone clls mde while out of receipt is not cceptble. town on stte business overnight will be bsed on the number of (b) A proper receipt is copy of the registrtion form nights wy from home. generlly used by motels nd hotels which includes the following () Four nights or less - ctul mount up to $2.50 per night informtion: nme of motel/hotel, street ddress, town nd stte, (documenttion is not required for personl phone clls mde telephone number, current dte, nme of person/persons stying t during stys of four nights or less) the motel/hotel, dte of occupncy, mount nd dte pid, signture (b) Five to eleven nights - ctul mount up to $20.00 of gent, number in the prty, nd single or double occupncy. (c) Twelve nights to thirty nights - ctul mount up to $30.00 (9) Trvelers my lso elect to sty with friends or reltives or (d) More thn thirty dys - strt over use their personl cmpers or triler homes insted of stying in hotel. () With proof of stying overnight wy from home on pproved stte business, the trveler will be reimbursed the following: (i) $20 per night with no receipts required or (6) Actul lundry expenses up to $18.00 per week will be llowed for trips longer thn seven dys, beginning fter the seventh night out. () The trveler must provide receipts for the lundry expense. (b) For use of coin-operted lundry fcilities, the trveler must provide list of dtes, loctions, nd mounts. UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 7

14 NOTICES OF PROPOSED RULES DAR File No (7) An mount of $5 per dy will be llowed for trvelers equivlent cost of the irline trip. The trveler my lso be wy in excess of six consecutive nights. reimbursed for incidentl expenses such s toll fees nd prking () This mount covers miscellneous incidentls not covered fees. in this rule. (b) If the trveler drives privtely-owned vehicle, (b) This llownce is not vilble for trvelers going to reimbursement will be t the rte of [25]27 cents per mile or the conferences. irplne fre, whichever is less, unless otherwise pproved by the Deprtment Director. R Reimbursement for Trnsporttion. (i) The irline ticket cost in effect between 15 nd 30 dys Stte employees who trvel on stte business my be eligible prior to the deprture dte will be used when clculting the cost of for trnsporttion reimbursement. trvel for comprison to privte vehicle cost. (1) Air trnsporttion is limited to Air Coch or Excursion (ii) An itinerry printout which is vilble through the Stte clss. Trvel Office is required when the trveler is tking privte () All reservtions (in-stte nd out-of-stte) should be mde vehicle. through the Stte Trvel Office for the lest expensive ir fre (c) The trveler my be reimbursed for mels nd lodging for vilble t the time reservtions re mde. resonble mount of trvel time; however, the totl cost of the (b) Only one chnge fee per trip will be reimbursed. trip must not exceed the equivlent cost of n irline trip. (c) The explntion for the chnge nd ny other exception to (d) These reimbursements re ll-inclusive, nd dditionl this rule must be given nd pproved by the Deprtment Director or expenses such s prking nd toll fees will not be llowed unless designee. pproved in writing by the Deprtment Director. (d) In order to preserve insurnce coverge, trvelers must fly (e) When submitting the reimbursement form, ttch on tickets in their nmes only. schedule compring the cost of driving with the cost of flying. The (2) Trvelers my be reimbursed for milege to nd from the schedule should show tht the totl cost of the trip driving ws less irport nd long-term prking or wy-from-the-irport prking. thn or equl to the totl cost of the trip flying. () The mximum reimbursement for prking, whether (f) If the trvel time tken for driving during the employee's trvelers prk t the irport or wy from the irport, is the irport norml work week is greter thn tht which would hve occurred long-term prking rte. hd the employee flown, the excess time used will be tken s (b) The prking receipt must be included with the Trvel nnul leve nd deducted on the Time nd Attendnce System. Reimbursement Request, form FI 51A or FI 51B. (5) Use of rentl vehicles must be pproved in writing in (c) Trvelers my be reimbursed for milege to nd from the dvnce by the Deprtment Director. irport to llow someone to drop them off nd to pick them up. () An exception to dvnce pprovl of the use of rentl (3) Trvelers my use privte vehicles with prior pprovl vehicles shll be fully explined in writing with the request for from the Deprtment Director or designee. reimbursement nd pproved by the Deprtment Director. () Only one person in vehicle my receive the (b) Detiled explntion is required if rentl vehicle is reimbursement, regrdless of the number of people in the vehicle. requested for trveler stying t conference hotel. (b) Reimbursement for privte vehicle will be t the rte of (c) When mking rentl cr rrngements through the Stte [25]27 cents per mile, or [32-1/2]34-1/2 cents per mile if stte Trvel Agency, reserve the vehicle you need. Upgrdes in size or fleet vehicle is not vilble to the employee. model mde when picking up the rentl vehicle will not be (c) Agencies my estblish reimbursement rte tht is more reimbursed. restrictive thn the rte estblished in this Section. (i) Stte employees should rent vehicles to be used for stte (d) Exceptions must be pproved in writing by the Director of business in their own nmes, using the stte contrct so they will Finnce. hve full coverge under the stte's libility insurnce. (e) Milege will be computed from the ltest officil stte rod (ii) Rentl vehicle reservtions not mde through the trvel mp nd will be limited to the most economicl, usully trveled gency must be pproved in dvnce by the Deprtment Director. routes. (iii) The trveler will be reimbursed the ctul rte chrged by (f) The milege rte is ll-inclusive, nd dditionl expenses the rentl gency. such s prking nd storge will not be llowed unless pproved in (iv) The trveler must hve pprovl for rentl cr in order writing by the Deprtment Director. to be reimbursed for rentl cr prking. (g) An pproved Privte Vehicle Usge Report, form FI 40, (6) Trvel by privte irplne must be pproved in dvnce by should be included with the deprtment's pyroll documenttion the Deprtment Director or designee. reporting miles driven on stte business during the pyroll period. () The pilot must certify to the Deprtment Director tht he (h) Deprtments my llow milege reimbursement on n is certified to fly the plne being used for stte business. pproved Trvel Reimbursement Request, form FI 51A or FI 51B, (b) If the plne is owned by the pilot/employee, he must if other costs ssocited with the trip re to be reimbursed t the certify the existence of t lest $500,000 of libility insurnce sme time. coverge. (4) A trveler my choose to drive insted of flying if (c) If the plne is rentl, the pilot must provide written pproved by the Deprtment Director. certifiction from the rentl gency tht his insurnce covers the () If the trveler drives stte-owned vehicle, the trveler trveler nd the stte s insured. The insurnce must be dequte my be reimbursed for mels nd lodging for resonble mount to cover ny physicl dmge to the plne nd t lest $500,000 for of trvel time; however, the totl cost of the trip must not exceed the libility coverge. 8 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

15 DAR File No (d) Reimbursement will be mde t 50 cents per mile. (e) Milege clcultion is bsed on rod milege computed from the ltest officil stte rod mp nd is limited to the most economicl, usully-trveled route. (f) An employee my be reimbursed for rentl of the ircrft nd purchse of gsoline nd oil insted of the mount per mile, with prior pprovl from the Deprtment Director, when it is cost effective for the stte. (7) Trvel by privte motorcycle must be pproved prior to the trip by the Deprtment Director or designee. Trvel will be reimbursed t 16 cents per mile. (8) A cr llownce my be llowed in lieu of milege reimbursement in certin cses. Prior written pprovl from the Deprtment Director, the Deprtment of Administrtive Services, nd the Governor is required. KEY: ir trvel, per diem llownce, stte employees, trnsporttion [September 2, 2000]June 15, A Notice of Continution October 30, A Uth Lws Uth Lws 334 NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: FILED: 04/17/2001, 08:19 RECEIVED BY: NL RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Upon counsel from the Assistnt Attorney Generl who represents the Division of Occuptionl nd Professionl Licensing (DOPL), DOPL ws dvised tht the section of the rule tht permitted foreign-educted pplicnts to mke up ny deficiencies in their non-ccredited progrm nd become licensed ws not consistent with sttute, which inconsistency could result in legl chllenge. Currently, foreigneducted pplicnt who does not hve n ccredited physicl therpy degree or physicl therpy degree tht is determined to be equl to n ccredited degree is permitted to mke up ny coursework nd get licensed. This opportunity is not vilble to U.S. eduction pplicnts who do not hve n ccredited degree in physicl therpy. Since foreign educted pplicnts do not get the humnities, socil sciences, nd liberl rts in their foreign eduction progrm, it does seem resonble to permit the pplicnt to mke up those deficiencies, but not deficiencies in the core curriculum. The pplicnt who hs deficiencies in the core curriculum would now be required to mtriculte into nd ern degree NOTICES OF PROPOSED RULES from n pproved physicl therpy curriculum to qulify for licensure. Physicl therpy ssistnts re exempt from licensure if they complete n pproved eduction progrm. Chnges mde in the proposed rule further clrify wht eduction progrms re ccepted to qulify for the exemption. SUMMARY OF THE RULE OR CHANGE: In Subsection R (1), the publiction entitled "A Course Work Evlution Tool For Persons Who Received Their Physicl Therpy Eduction Outside the United Sttes" ws updted to the Mrch 1999 edition. In Section R Eduction Requirements: in Subsection R (1), dded tht school of physicl therpy shll be ccredited by Commission on Accredittion in Physicl Therpy Eduction (CAPTE) t the time of grdution. In Subsection R (2), dded tht physicl therpist ssistnt shll complete one of the following CAPTE ccredited physicl therpy eduction progrms: either n ssocite's, bchelor's, or mster's progrm; or foreign physicl therpy eduction progrm pproved by the division in collbortion with the bord, which progrm is equivlent to progrm set forth in Subsection R (2)(). In Subsection R (3), dded tht only eductionl deficiencies in the humnities, socil sciences nd liberl rts my be corrected with respect to foreign educted physicl therpists. In Section R b - Exmintion Requirements: in Subsection R b(1)(), the numericl pssing score of 600 on the Federtion of Stte Licensing Brnch of Physicl Therpy (FSBPT) Ntionl Physicl Therpy Exmintion ws deleted. In Subsection R b(2), chnges were mde tht n pplicnt must hve completed the eduction requirements set forth in Subsection R (1) or R b(3), or be enrolled in the finl semester of CAPTE-ccredited progrm, in order to be eligible to sit for the FSBPT Ntionl Physicl Therpy Exmintion. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: Section nd Subsection (1) THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE FOLLOWING MATERIAL: Updtes the publiction entitled "A Course Work Evlution Tool For Persons Who Received Their Physicl Therpy Eduction Outside the United Sttes" to the Mrch 1999 edition. ANTICIPATED COST OR SAVINGS TO: bthe STATE BUDGET: The Division will incur miniml costs, pproximtely $50, to reprint the rule once these proposed mendments re mde effective. Any costs incurred will be bsorbed in the Division's current budget. blocal GOVERNMENTS: Proposed rule does not pply to locl governments. bother PERSONS: The Division receives pproximtely six pplictions per yer from foreign-educted physicl therpy pplicnts who hve not completed n ccredited physicl therpy eduction progrm or hve not completed physicl therpy eduction progrm determined to be equl to n ccredited progrm. This rule would require these pplicnts to mtriculte into n pproved progrm nd complete tht UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10 9

16 NOTICES OF PROPOSED RULES DAR File No progrm in order to meet the eduction requirements. The pproximte cost per pplicnt to complete the progrm would be pproximtely $12,000. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division receives pproximtely six pplictions per yer from foreigneducted physicl therpy pplicnts who hve not completed n ccredited physicl therpy eduction progrm or hve not completed physicl therpy eduction progrm determined to be equl to n ccredited progrm. This rule would require these pplicnts to mtriculte into n pproved progrm nd complete tht progrm in order to meet the eduction requirements. The pproximte cost per pplicnt to complete the progrm would be pproximtely $12,000. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this mendment is to remove n inconsistency between the licensing ct nd the rule. Under the current rule, foreigneducted pplicnt is permitted to mke up course deficiencies from his or her non-ccredited eductionl progrm nd become licensed. This sme opportunity is not extended to U.S. pplicnts without degree in physicl therpy from CAPTE-ccredited progrm, creting potentil equl protection issue due to the fvoring of foreigneducted pplicnts. There will be no fiscl impct upon licensed prctitioners, but foreign pplicnts (pproximtely six per yer) would hve to expend up to $12,000 ech to meet the eduction requirements for licensure. Ted Boyer, Jr., Executive Director THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: Commerce Occuptionl nd Professionl Licensing Fourth Floor, Heber M. Wells Building 160 Est 300 South PO Box Slt Lke City, UT , or t the Division of Administrtive Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Dvid Firhurst t the bove ddress, by phone t (801) , by FAX t (801) , or by Internet E-mil t brdopl.dfirhur@emil.stte.ut.us. 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 06/14/2001; OR ATTENDING A PUBLIC HEARING SCHEDULED FOR 06/12/2001, 9:00.m., 160 Est 300 South, Conference Room 428 (Fourth Floor), Slt Lke City, UT. THIS RULE MAY BECOME EFFECTIVE ON: 06/15/2001 AUTHORIZED BY: J. Crig Jckson, Director R156. Commerce, Occuptionl nd Professionl Licensing. R Physicl Therpist Prctice Act Rules. R Definitions. In ddition to the definitions in Title 58, Chpters 1 nd 24, s used in Title 58, Chpters 1 nd 24 or these rules: (1) "Approved course work evlution tool", s used in Subsection R (3), mens the FSBPT's [June 1997]Mrch 1999 revised publiction entitled "A Course Work Evlution Tool For Persons Who Received Their Physicl Therpy Eduction Outside the United Sttes", which is hereby dopted nd incorported by reference. (2) "CAPTE" mens Commission on Accredittion in Physicl Therpy Eduction. (3) "FSBPT" mens the Federtion of Stte Licensing Bords of Physicl Therpy. (4) "Joint mobiliztion", s used in Subsection (2)(b), mens pssive nd ctive movements of the joints of ptient, including the spine, to increse the mobility of joint systems; but, does not include specific vertebrl djustment nd mnipultion of the rticultion of the spine by those methods or techniques which re generlly recognized s the clssic prctice of chiroprctic. (5) "Unprofessionl conduct" s defined in Title 58, Chpters 1 nd 24, is further defined, in ccordnce with Subsection (5), in Section R R Qulifictions for Licensure - Eduction Requirements. (1) In ccordnce with Subsection (2)(b), the ccredited school of physicl therpy for physicl therpist shll be ccredited by CAPTE t the time of grdution. (2) In ccordnce with Subsection (5), physicl therpist ssistnt shll complete one of the following CAPTE ccredited physicl therpy eduction progrms: () n ssocites, bchelors, or msters progrm; or (b) foreign physicl therpy eduction progrm pproved by the division in collbortion with the bord, which progrm is equivlent to progrm set forth in Subsection R (2)()[ physicl therpy ssistnt progrm ccredited by CAPTE]. (3) In ccordnce with Section , n pplicnt who hs been licensed in foreign country whose degree ws not ccredited by CAPTE shll document tht his eduction is equl to CAPTE ccredited degree by submitting to the Division credentil evlution from the Foreign Credentiling Commission on Physicl Therpy which shll use the pproved course work evlution tool. Only eductionl[eductionl] deficiencies in the humnities, socil sciences nd liberl rts my be corrected by completing college level credits in the deficient res or by pssing the College Level Exmintion Progrm (CLEP) demonstrting proficiency in the deficient res. R b. Qulifictions for Licensure - Exmintion Requirements. (1) In ccordnce with Subsection (2), the exmintion which shll be required for ech pplicnt for licensure, including endorsement pplicnts, s physicl therpist shll consist of the following: 10 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

17 DAR File No () the FSBPT's Ntionl Physicl Therpy Exmintion with pssing score [of t lest 600 ]s estblished by the FSBPT; nd (b) the Uth Physicl Therpy Lw Exmintion with pssing score of t lest 75%. (2) An pplicnt must hve [successfully ]completed the eduction requirements set forth in Subsection R (1) or (3), or be enrolled in the finl semester of CAPTE ccredited progrm, in order to be[ll cdemic nd ssocited clinicl requirements before being] eligible to sit for the exmintion[s] required for Uth licensure s set forth in Subsection R b(1)(). KEY: licensing, physicl therpy [Mrch 9, 1999] Notice of Continution My 12, (1) (1) NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: FILED: 04/17/2001, 08:19 RECEIVED BY: NL RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: As result of chnges mde by the 2001 Legislture to the Mentl Helth Professionl Prctice Act, Title 58, Chpter 60 (see H.B. 73), chnges need to be mde in this rule. (DAR Note: H.B. 73 cn be found t 2001 Uth Lws 281 nd ws effective April 30, 2001.) SUMMARY OF THE RULE OR CHANGE: Throughout the rule, references to the sttute hve been updted s result of the sttute chnges creting new prgrph numbering. In Section R with respect to continuing eduction requirements, dded tht the continuing eduction requirements lso pply to certified professionl counselor intern. The bove-identified sttute chnges creted new type of license clssifiction for certified professionl counselor intern in Title 58, Chpter 60. In Section R156-60c-402, Subsection R156-60c-402(10), dded tht supervisor of professionl counselor nd mentl helth therpy trining must ssure ech supervisee is licensed s certified professionl counselor intern. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: Section , nd Subsections (1) nd (1) NOTICES OF PROPOSED RULES ANTICIPATED COST OR SAVINGS TO: bthe STATE BUDGET: The Division will incur miniml costs, pproximtely $30, to reprint this rule once the proposed chnges re mde effective. Any costs incurred will be bsorbed in the Division's current budget. The Division nticiptes no dditionl costs to the stte budget s these proposed chnges simply reflect the chnges mde in the sttute. Any cost of chnges mde in the sttute were reflected in the fiscl note tht ws ttched to the sttute chnges. blocal GOVERNMENTS: Proposed rule does not pply to locl governments. bother PERSONS: The Division is unble to determine how mny pplicnts will pply for licensure s certified professionl counselor intern. This new clssifiction of licensees will be required to obtin 40 hours of continuing eduction in ech two yer period. The Division nticiptes the cost to obtin the 40 hours of continuing eduction to rnge from $200 to $1,000 per licensee every 2 yers. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division nticiptes the cost to obtin the 40 hours of continuing professionl eduction for certified professionl counselor intern to rnge from $200 to $1,000 per licensee every 2 yers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this filing reltes to: updting references to sttute tht hs undergone revised numbering for reference purposes, nd ensuring tht continuing eduction requirements for new licensure ctegory creted for certified professionl counselor intern will be consistent with continuing eduction requirements s is found in other licensing ctegories. As to the stte budget, the proposed chnges in the rules would pper to hve very miniml or no cost impct t ll. There will lso be no cost impct on locl government. As to prticulr individuls ffected by the chnges in the rules, the exct fiscl impct is unknown. Under the new license clssifiction creted, those obtining the license will be required to obtin 40 hours of continuing eduction every two yers nd the cost of obtining such continuing eduction my rnge from $200 to $1,000 per licensee. Ted Boyer, Jr., Executive Director THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: Commerce Occuptionl nd Professionl Licensing Fourth Floor, Heber M. Wells Building 160 Est 300 South PO Box Slt Lke City, UT , or t the Division of Administrtive Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Dn S. Jones t the bove ddress, by phone t (801) , by FAX t (801) , or by Internet E-mil t brdopl.dsjones@emil.stte.ut.us. 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 06/14/2001; OR ATTENDING A PUBLIC UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No

18 NOTICES OF PROPOSED RULES DAR File No HEARING SCHEDULED FOR 06/13/2001, 10:00.m., 160 Est 300 South, Conference Room 457 (Fourth Floor), Slt Lke City, UT. THIS RULE MAY BECOME EFFECTIVE ON: 06/15/2001 AUTHORIZED BY: J. Crig Jckson, Director R156. Commerce, Occuptionl nd Professionl Licensing. R156-60c. Professionl Counselor Licensing Act Rules. R156-60c-302. Qulifictions for Licensure - Eduction Requirements. (1) The recognized ccredited institution of higher eduction in Subsection [(4)](1)(d) is one which is ccredited by professionl ccrediting body pproved by the Council for Higher Eduction Accredittion of the Americn Council on Eduction t the time the pplicnt obtined the eduction. (2) The core curriculum in Subsection [(4)()](1)(d) shll consist of the following courses: () minimum of two semester or three qurter hours shll be in ethicl stndrds, issues, behvior nd decision-mking; (b) minimum of two semester or three qurter hours shll be in professionl roles nd functions, trends nd history, professionl preprtion stndrds nd credentiling; (c) minimum of two semester or three qurter hours shll be in individul theory; (d) minimum of two semester or three qurter hours shll be in group theory; (e) minimum of six semester or nine qurter hours shll be in humn growth nd development. Exmples re: (i) physicl, socil nd psychosocil development; (ii) personlity development; (iii) lerning theory nd cognitive development; (iv) emotionl development; (v) life-spn development; (vi) enhncing wellness; (vii) humn sexulity; nd (viii) creer development; (f) minimum of three semester or five qurter hours shll be in culturl foundtions. Exmples re: (i) humn diversity; (ii) multiculturl issues nd trends; (iii) gender issues; (iv) exceptionlity; (v) disbilities; (vi) ging; nd (vii) discrimintion; (g) minimum of six semester or nine qurter hours shll be in the ppliction of individul nd group therpy nd other therpeutic methods nd interventions. Exmples re: (i) building, mintining nd terminting reltionships; (ii) solution-focused nd brief therpy; (iii) crisis intervention; (iv) prevention of mentl illness; (v) tretment of specific syndromes; (vi) cse conceptuliztion; (vii) referrl, supportive nd follow-up services; nd (viii) lb not to exceed four semester or six qurter hours; (h) minimum of two semester or three qurter hours shll be in psychopthology nd DSM clssifiction; (i) minimum of two semester or three qurter hours shll be in dysfunctionl behviors. Exmples re: (i) ddictions; (ii) substnce buse; (iii) cognitive dysfunction; (iv) sexul dysfunction; nd (v) buse nd violence; (j) minimum of two semester or three qurter hours shll be in foundtion course in test nd mesurement theory; (k) minimum of two semester or three qurter hours shll be in n dvnced course in ssessment of mentl sttus; (l) minimum of three semester or five qurter hours shll be in reserch nd evlution. This shll not include thesis, disserttion, or project, but my include: (i) sttistics; (ii) reserch methods, qulittive nd quntittive; (iii) use nd interprettion of reserch dt; (iv) evlution of client chnge; nd (v) progrm evlution; (m) minimum of three semester or five qurter hours of prcticum s defined in Subsection R156-60c-102(2); (n) minimum of six semester or nine qurter hours of internship s defined in Subsection R156-60c-102(1); nd (o) minimum of 16 semester or 23 qurter hours of course work in the behviorl sciences. No more thn six semester or nine qurter hours of credit for thesis, disserttion or project hours shll be counted towrd the required core curriculum hours in this subsection. These hours re required beginning Jnury 1, (3) The supplementl course work shll consist of forml grdute level work meeting the requirements of Subsections (1) nd (2) in regulrly offered nd scheduled clsses. University bsed directed reding courses my be pproved t the discretion of the bord. (4) Professionl counseling course work required in the core curriculum pursunt to Subsection [(4)()](1)(d) my be completed fter the pplicnt received their degree; however, pursunt to Subsection [(5)](1)(f), the experience required must be obtined fter the complete eduction requirement hs been met. R156-60c-302b. Qulifictions for Licensure - Experience Requirements. (1) The professionl counselor nd mentl helth therpy trining qulifying n pplicnt for licensure s professionl counselor under Subsections [(5) nd (6)](1)(e) nd (f) shll: () be completed in not less thn two yers; (b) be completed while the pplicnt is n employee of public or privte gency engged in mentl helth therpy under the supervision of qulified professionl counselor, psychitrist, psychologist, clinicl socil worker, registered psychitric mentl helth nurse specilist, or mrrige nd fmily therpist; nd (c) be completed under progrm of supervision by mentl helth therpist meeting the requirements under Sections R156-60c- 401 nd R156-60c-402. (4) An pplicnt for licensure s professionl counselor, who is not seeking licensure by endorsement bsed upon licensure in 12 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

19 DAR File No NOTICES OF PROPOSED RULES nother jurisdiction, who hs completed ll or prt of the (b) mximum of 10 hours per two yer period my be professionl counselor nd mentl helth therpy trining recognized for teching in college or university, teching qulified requirements under Subsection (3) outside the stte my receive continuing professionl eduction courses in the field of mentl credit for tht trining completed outside of the stte if it is helth therpy professionl counseling, or supervision of n demonstrted by the pplicnt tht the trining completed outside individul completing his experience requirement for licensure in the stte is equivlent to nd in ll respects meets the requirements mentl helth therpist license clssifiction; nd for trining under Subsections [(5) nd (6)](1)(e) nd (f), (c) mximum of six hours per two yer period my be nd Subsections R156-60c-302b(3). The pplicnt shll hve the recognized for clinicl redings directly relted to prctice s burden of demonstrting by evidence stisfctory to the division mentl helth therpist professionl counselor. nd bord tht the trining completed outside the stte is equivlent (6) A licensee shll be responsible for mintining competent to nd in ll respects meets the requirements under this Subsection. records of completed qulified professionl eduction for period of four yers fter close of the two yer period to which the records R156-60c-302c. Qulifictions for Licensure - Exmintion Requirements. pertin. It is the responsibility of the licensee to mintin such informtion with respect to qulified professionl eduction to (1) An pplicnt for licensure s professionl counselor demonstrte it meets the requirements under this Section. under Subsection [(7)](1)(g) must pss the following (7) A licensee who documents he is engged in full time exmintions: ctivities or is subjected to circumstnces which prevent tht () the Uth Professionl Counselor Lw, Rules nd Ethics licensee from meeting the continuing professionl eduction Exmintion; requirements estblished under this Section my be excused from (b) the Ntionl Counseling Exmintion of the Ntionl the requirement for period of up to three yers. However, it is the Bord for Certified Counselors; nd responsibility of the licensee to document the resons nd justify (c) the Ntionl Clinicl Mentl Helth Counseling why the requirement could not be met. Exmintion of the Ntionl Bord of Certified Counselors. R156-60c-401. Requirements to be Qulified s Professionl R156-60c-304. Continuing Eduction. Counselor Trining Supervisor nd Mentl Helth Therpist (1) There is hereby estblished continuing professionl eduction requirement for ll individuls licensed under Title 58, Trining Supervisor. In ccordnce with Subsections [(5) nd (6)](1)(e) Chpter 60, Prt 4, s professionl counselor nd certified nd (f), in order for n individul to be qulified s professionl professionl counselor intern. counselor trining supervisor or mentl helth therpist triner, the (2) During ech two yer period commencing September 30th individul shll hve the following qulifictions: of ech even numbered yer, professionl counselor or certified (1) be currently licensed in good stnding in profession set professionl counselor intern shll be required to complete not less forth for supervisor under Subsection [(5)](1)(e) in the thn 40 hours of qulified professionl eduction directly relted to stte in which the supervised trining is being performed; nd the licensee's professionl prctice. (2) hve engged in lwful prctice s licensee engged in (3) The required number of hours of professionl eduction the prctice of mentl helth therpy for not less thn 4,000 hours for n individul who first becomes licensed during the two yer in period of not less thn two yers prior to beginning supervision period shll be decresed in pro-rt mount equl to ny prt of ctivities. tht two yer period preceding the dte on which tht individul first becme licensed. (4) Qulified professionl eduction under this Section shll: () hve n identifible cler sttement of purpose nd defined R156-60c-402. Duties nd Responsibilities of Supervisor of Professionl Counselor nd Mentl Helth Therpy Trining. The duties nd responsibilities of licensee providing objective for the eductionl progrm directly relted to the prctice supervision to n individul completing supervised professionl of mentl helth therpist professionl counselor; counselor nd mentl helth therpy trining requirements for (b) be relevnt to the licensee's professionl prctice; licensure s professionl counselor re to: (c) be presented in competent, well orgnized, nd (1) be professionlly responsible for the cts nd prctices of sequentil mnner consistent with the stted purpose nd objective the supervisee which re prt of the required supervised trining; of the progrm; (2) be engged in reltionship with the supervisee in which (d) be prepred nd presented by individuls who re qulified the supervisor is independent from control by the supervisee nd in by eduction, trining, nd experience; nd which the bility of the supervisor to supervise nd direct the (e) hve ssocited with it competent method of registrtion prctice of the supervisee is not compromised; of individuls who ctully completed the professionl eduction (3) be vilble for dvice, consulttion, nd direction progrm nd records of tht registrtion nd completion re consistent with the stndrds nd ethics of the profession nd the vilble for review. requirements suggested by the totl circumstnces including the (5) Credit for professionl eduction shll be recognized in supervisee's level of trining, dignosis of ptients, nd other fctors ccordnce with the following: known to the supervisee nd supervisor; () unlimited hours shll be recognized for professionl (4) provide periodic review of the client records ssigned to eduction completed in blocks of time of not less thn one hour in the supervisee; formlly estblished clssroom courses, seminrs, or conferences; (5) comply with the confidentility requirements of Section ; UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No

20 NOTICES OF PROPOSED RULES DAR File No (6) monitor the performnce of the supervisee for complince with lws, stndrds, nd ethics pplicble to the prctice of professionl counseling nd report violtions to the division; (7) supervise only supervisee who is n employee of public or privte mentl helth gency; (8) submit pproprite documenttion to the division with respect to ll work completed by the supervisee evidencing the performnce of the supervisee during the period of supervised professionl counselor nd mentl helth therpy trining, including the supervisor's evlution of the supervisee's competence in the prctice of professionl counseling nd mentl helth therpy; (9) supervise not more thn three supervisees t ny given time unless pproved by the bord nd division; nd (10) ssure ech supervisee [hs met the eductionl requirement s outlined in Subsection (4) nd R156-60c- 302]is licensed s certified professionl counselor intern prior to beginning the supervised trining of the supervisee s required under Subsection [(5)](1)(e) nd (f). KEY: licensing, counselors, mentl helth, professionl counselors* [October 7, 1999] Notice of Continution April 6, (1) (1) NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: FILED: 04/24/2001, 10:22 RECEIVED BY: NL RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Chnges to this rule re to void redundncy nd improve clrity given the pssge of H.B. 131 by the 2001 Legislture. These chnges will eliminte duplicte lnguge found in this rule nd Section nd Section (DAR Note: H.B. 131 is found t 2001 Uth Lws 172 nd will be effective July 1, 2001.) SUMMARY OF THE RULE OR CHANGE: Subsection R (1): dd "nd "; delete "defining stndrds" nd replce with "determining"; delete "online ccess policies" nd dd "eligibility to receive stte funds." Subsection R (2): delete "locl"; delete "restricts ccess by minors to Internet or online sites contining obscene mteril nd tht meets the Public Librry Online Access Policy Stndrd defined by this rule" nd replce with "meets the process nd content stndrds defined in " Delete Subsection R (1). Delete Subsection R (4). Delete entire section (Section R ) nd renumber the rest of the sections. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: Sections , , nd ANTICIPATED COST OR SAVINGS TO: bthe STATE BUDGET: There re no known incrementl increses to the budget. Chnges to the rule re primrily to eliminte dupliction of lnguge in this rule nd Sections nd blocal GOVERNMENTS: There re no known incrementl increses to the budget. Chnges to the rule re primrily to eliminte dupliction of lnguge in this rule nd Sections nd bother PERSONS: Becuse this rule is directed to public librries offering public ccess to the Internet nd other online sites, there is no nticipted cost or svings to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There re no incrementl costs involved with the chnges to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule will not hve fiscl impct on businesses. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: Economic Development Community Development, Librry Suite A 250 North 1950 West Slt Lke City, UT , or t the Division of Administrtive Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Brbr Forbush t the bove ddress, by phone t (801) , by FAX t (801) , or by Internet E-mil t bforbush@stte.lib.ut.us. 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 06/14/2001. THIS RULE MAY BECOME EFFECTIVE ON: 06/15/2001 AUTHORIZED BY: Amy Owen, Director R223. Community nd Economic Development, Community Development, Stte Librry. R Public Librry Online Access for Eligibility to Receive Public Funds. R Authority nd Policy. (1) The Uth Stte Librry Division hereby dopts this rule in ccordnce with Sections et seq., nd ,[ nd] , nd for the purpose of determining[defining stndrds for] public librry eligibility to receive stte funds[online ccess policies]. 14 UTAH STATE BULLETIN, My 15, 2001, Vol. 2001, No. 10

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