Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall clearly identify
services to the office, public, potential client, parent, or guardian
regarding:
(a) current and accurate contact
information;
(b) the complaint
reporting and resolution process;
(c) a description of each service
provided;
(d) each program
requirement and expectation;
(e)
eligibility criteria outlining behavior, diagnosis, situation, population, and
age that can be safely served, including:
(i)
an outline of the behaviors and presenting issues that would be reason for
discharge or exclusion from the program; and
(ii) a statement that the program may not
take placement of a child whose needs exceed the scope or ability of the
program to reasonably manage;
(f) each cost, fee, and expense for a service
and refund policy; and
(g)
identification of each non-clinical, extracurricular, or supplemental service
offered or referred.
(2)
The licensee shall post the following in conspicuous places where each visitor,
staff, and client may view:
(a) abuse
reporting laws as described in Sections
80-2-609 and
26B-6-205;
(b) civil rights notice;
(c) Americans with Disabilities Act
notice;
(d) the program
license;
(e) any office notice of
agency action;
(f) a client rights
poster in a residential setting except in a foster home or where prohibited by
Settings Final Rule; and
(g)
department code of conduct poster.
(3) The licensee shall maintain compliance
with or documentation of an exemption from any of the following requirements:
(a) a food handler permit for any person
preparing meals for any other person;
(b) capacity determinations that include each
staff and client on premises and may not exceed the capacity limits placed by
local authorities;
(c) fire
clearance, if conducted separately from a business license; and
(d) licensure and registration of any
vehicles used to transport clients.
(4) The licensee whose local clearances are
under dispute shall resolve any dispute before the office issues a license in
good standing.
(5) The licensee
shall maintain and make the following available to the department upon request:
(a) proof of financial viability of the
program as verified by a financial professional;
(b) general liability insurance;
(c) professional liability
insurance;
(d) vehicle
insurance;
(e) fire insurance;
and
(f) additional insurance as
required to cover each program activity.
(6) The licensee shall ensure:
(a) each entity associated with the licensee
reads, understands, signs, and follows the current provider code of conduct
before working with clients;
(b)
current staff and client lists are available at each licensed site;
(c) the organizational and governance
structure of the program is available to the department upon request and
includes:
(i) line of authority and
responsibility;
(ii) a job
description, including each duty and qualification for each job title;
and
(iii) notification to the
office of any program changes as described in Section
R380-600-3;
(d) a quality improvement plan that is
implemented and followed and that incorporates, at a minimum, client and staff
grievances, feedback, trends in licensing noncompliance and incident
reports;
(e) the licensee provides
an interpreter or refers each client to appropriate resources as necessary to
communicate with the client; and
(f) the licensee maintains an opioid overdose
reversal kit on-site with on duty staff trained in its use if the licensee is
serving, or is likely to serve, a client with a substance use
disorder.
(7) A licensee
serving education entitled children shall comply with Section
26B-2-116 regarding coordination
of educational services to include completion of youth education forms at
initial and renewal licensure.
(8)
A licensee offering school on-site shall:
(a)
maintain the established staff to client ratio with behavioral intervention
trained staff in the school setting;
(b) ensure recognition in good standing by an
educational accreditation organization such as the State Board of Education or
the National School Accreditation Board; and
(c) ensure each client is taught at their
appropriate grade level.
(9) The licensee shall ensure clinical and
medical staff are licensed or certified in good standing and any unlicensed
staff are appropriately supervised as described in Title 58, Occupations and
Professions.
(10) A licensee that
utilizes telehealth for treatment shall do so within the scope of their
professional licensure in accordance with Section
26B-4-704 and Title 58, Chapters
60 Mental Health Professional Practice Act and 60a Counseling Compact and
comply with each applicable rule.
(11) A non-residential licensee offering
community-based services shall comply with each applicable rule, as determined
by the office.
(12) A licensee that
provides behavior interventions to people with disabilities shall comply with
Rule R539-4, which supersedes any conflicting rule under Title R501, for the
disabled populations served.
(13)
The licensee shall maintain a record retention process that retains each client
record for seven years or until a client turns 21 years of age, whichever comes
later.
(14) If a licensee sells or
arranges for client insurance coverage, the licensee shall:
(a) inform the client in writing of the
licensee's role and responsibility;
(b) provide the insurer with any program
licensee record;
(c) contact and
cooperate with the insurance department during any dispute regarding a service
or supply billed; and
(d) not
provide unlawful substance abuse patient brokering as described in Subsection
26B-2-113(5).
