Utah Admin. Code 501-19-3

Current through Bulletin 2024-23, December 1, 2024

Section R501-19-3 - Administration

(1) Each residential treatment provider shall document local government approval for new program services or increased consumer capacity as described in Section 26B-2-117.

(2) Each residential treatment provider shall ensure its policies include client privacy accommodation in each bedroom space while assuring client health and safety.

(3) Each residential treatment provider serving a child shall:

(a) provide direct supervision that meets supervision and ratio requirements;

(b) ensure two direct care staff are always on duty;

(c) maintain a staff-to-client ratio of one staff to every four clients except:

(i) as otherwise required by a department contract; or

(ii) to reduce ratios to one staff to every 16 clients during client sleeping hours;

(d) only decrease the number of staff as described in this section if:

(i) each client is appropriately supervised to ensure health and safety at the ratio; and

(ii) each direct care staff remains awake while on duty;

(e) increase the staff-to-client ratio as necessary to ensure the health and safety of the current client population;

(f) only allow direct care staff to perform direct supervision with line of sight check-ins every 15 minutes;

(g) ensure that any direct care staff member assigned to a client's one-on-one supervision is not counted at the same time in the staffing ratio for any other client, except in an emergency situation;

(h) only utilize on-site video surveillance to directly supervise a client in time out or seclusion or as an enhancement to minimum supervision ratio requirements;

(i) conduct and document physical check-ins every 15-minutes when a client is being monitored by video; and

(j) only use video surveillance in a bedroom as follows:

(i) with client, parent, or guardian permission;

(ii) when there is a documented need;

(iii) when the provider monitors cameras or physically checks in at intervals of 15 minutes or less; and

(iv) when video surveillance is in compliance with Rule R539-3 for serving an individual with disabilities.

(4) Each residential treatment provider serving a child may provide step-down privileges to include unsupervised time and authorized departures from the program if the provider:

(a) maintains a staff-to-client ratio of one direct care staff to every four clients;

(b) documents in the client record and communicates to each of the client's direct care staff, the individualized justification for the step-down privileges and which privileges are authorized by a clinical professional;

(c) obtains written parental or guardian consent before allowing step-down privileges; and

(d) provides a policy to each client and parent or guardian that includes:

(i) a description of what constitutes authorized departure and unsupervised time;

(ii) a description of how each step-down privilege, including authorized departure or unsupervised time, is achieved and rescinded;

(iii) a statement that the provider will immediately communicate to each client parent or guardian and direct care staff when the step-down privileges have been rescinded; and

(iv) a statement that no step-down client is allowed to perform any direct care staff duties.

(5) Each residential treatment provider shall make any necessary accommodation to allow a child to continue the child's education with a curriculum approved by the State Board of Education.

(6) Each residential treatment provider that offers education shall utilize a curriculum that is recognized by an educational accreditation organization, including the State Board of Education or the National School Accreditation Board.

(7) Each residential treatment provider serving adults may admit a 17-year-old if the provider:

(a) obtains written permission from the individual's parent or legal guardian;

(b) provides clinical justification;

(c) ensures that the individual sleeps in a separate room from adults or a room that the individual shares with adults no more than two years older than the individual;

(d) ensures that any adult with direct access to the 17-year-old is directly supervised by a direct care staff; and

(e) ensures enhanced safety and supervision measures for treating a minor in an adult setting.

(8) Each residential treatment provider providing services to a substance use disorder client shall:

(a) only admit a substance use disorder client with a level of care that falls within American Society of Addiction Medicine levels 3.1 through 3.5; and

(b) obtain any required licenses before providing any service to a substance use disorder client outside of the residential milieu with a level of care described in Subsection (8)(a), unless otherwise outlined in categorical rule.

(9) Each residential treatment provider that allows a client to participate in food preparation shall ensure the client is trained in safe food handling practices and the provider justifies the client's participation in writing.

(10) Each residential treatment provider shall provide individual, group, and family counseling or other treatment, including skills development, at least weekly or as outlined in the individual's treatment plan.

(11) A clinical professional shall oversee any therapeutic services conducted in the therapeutic environment including:

(i) life skill development;

(ii) psychoeducation; and

(iii) social coaching.

(12) Each residential treatment provider shall document the time and date of each service provided to each client and include the signature of the individual providing the service.

(13) Each residential treatment provider shall provide indoor space for free and informal client activities.

Utah Admin. Code R501-19-3

Amended by Utah State Bulletin Number 2022-02, effective 1/6/2022

Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024