1. (1) The licensee shall clearly identify services to the office, public, potential client, parent, or guardian regarding:

   1. (a) current and accurate contact information;
   2. (b) the complaint reporting and resolution process;
   3. (c) a description of each service provided;
   4. (d) each program requirement and expectation;

   5. (e) eligibility criteria outlining behavior, diagnosis, situation, population, and age that can be safely served, including:

      1. (i) an outline of the behaviors and presenting issues that would be reason for discharge or exclusion from the program; and
      2. (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;
   6. (f) each cost, fee, and expense for a service and refund policy; and
   7. (g) identification of each non-clinical, extracurricular, or supplemental service offered or referred.

2. (2) The licensee shall post the following in conspicuous places where each visitor, staff, and client may view:

   1. (a) abuse reporting laws as described in Sections 80-2-609 and 26B-6-205;
   2. (b) civil rights notice;
   3. (c) Americans with Disabilities Act notice;
   4. (d) the program license;
   5. (e) any office notice of agency action;
   6. (f) a client rights poster in a residential setting except in a foster home or where prohibited by Settings Final Rule; and
   7. (g) department code of conduct poster.

3. (3) The licensee shall maintain compliance with or documentation of an exemption from any of the following requirements:

   1. (a) a food handler permit for any person preparing meals for any other person;
   2. (b) capacity determinations that include each staff and client on premises and may not exceed the capacity limits placed by local authorities;
   3. (c) fire clearance, if conducted separately from a business license; and
   4. (d) licensure and registration of any vehicles used to transport clients.
4. (4) The licensee whose local clearances are under dispute shall resolve any dispute before the office issues a license in good standing.

5. (5) The licensee shall maintain and make the following available to the department upon request:

   1. (a) proof of financial viability of the program as verified by a financial professional;
   2. (b) general liability insurance;
   3. (c) professional liability insurance;
   4. (d) vehicle insurance;
   5. (e) fire insurance; and
   6. (f) additional insurance as required to cover each program activity.

6. (6) The licensee shall ensure:

   1. (a) each entity associated with the licensee reads, understands, signs, and follows the current provider code of conduct before working with clients;
   2. (b) current staff and client lists are available at each licensed site;

   3. (c) the organizational and governance structure of the program is available to the department upon request and includes:

      1. (i) line of authority and responsibility;
      2. (ii) a job description, including each duty and qualification for each job title; and
      3. (iii) notification to the office of any program changes as described in Section R380-600-3;
   4. (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;
   5. (e) the licensee provides an interpreter or refers each client to appropriate resources as necessary to communicate with the client; and
   6. (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. (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. (8) A licensee offering school on-site shall:

   1. (a) maintain the established staff to client ratio with behavioral intervention trained staff in the school setting;
   2. (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
   3. (c) ensure each client is taught at their appropriate grade level.
9. (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. (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. (11) A non-residential licensee offering community-based services shall comply with each applicable rule, as determined by the office.
12. (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. (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. (14) If a licensee sells or arranges for client insurance coverage, the licensee shall:

    1. (a) inform the client in writing of the licensee's role and responsibility;
    2. (b) provide the insurer with any program licensee record;
    3. (c) contact and cooperate with the insurance department during any dispute regarding a service or supply billed; and
    4. (d) not provide unlawful substance abuse patient brokering as described in Subsection 26B-2-113(5).

KEY: licensing, human services

Date of Last Change: April 24, 2025

Notice of Continuation: October 3, 2022

Authorizing, and Implemented or Interpreted Law: 26B-2-104