1. (1) OL DSPD certification is required for a provider to enter into a department contract to provide residential or day support certification services.

2. (2)(a) For a site-based OL DSPD certification, the provider may not serve more than three clients at each site, as serving four or more clients requires a day treatment or residential support license, in accordance with Section 26B-2-101.

   1. (b) For a community-based OL DSPD certification, the provider may not serve more than three clients in total, as serving four or more clients requires a day treatment license in accordance with Subsection 26B-2-101(12).

3. (3)(a) An OL DSPD certification is for a provider and is specific only to an approved site.

   1. (b) An OL DSPD certification is not assignable or transferable.
   2. (c) An OL DSPD certification is required for each provider and for each site.
4. (4) If the department places a condition or suspension on or revokes a DSPD provider's OL DSPD certification, the provider must comply with each condition before an OL DSPD certification, contract, or license in good standing is granted by the department.

5. (5) In addition to complying with this rule, a DSPD provider must be in good standing with the department to:

   1. (a) renew or to enter into a contract with the department;
   2. (b) renew or start a new OL DSPD certification; or
   3. (c) have any sanction removed, including a conditional, suspension, or contractual sanction status issued by the department.

6. (6) OL may not issue or renew an OL DSPD certification when:

   1. (a) OBP determines an applicant's background check status is not eligible;
   2. (b) OL finds that an applicant or provider maintains association with any individual with an OL DSPD certification, contract, or license revoked by the department if the application is submitted within five years from the time of the revocation;
   3. (c) the provider does not complete the background check process within 60 calendar days of submitting the application;
   4. (d) the provider is not present for the site inspection;
   5. (e) the provider does not show compliance with rule and requirements within 60 calendar days of submitting the application;
   6. (f) OL finds that the provider is in noncompliance with any inspection by the required date outlined in Subsection R501-23-6(2);
   7. (g) there is another active department license or OL DSPD certification at the same address; or
   8. (h) the provider fails to cooperate with any inspection.
7. (7) If OL does not issue an OL DSPD certification for a reason listed in Subsection (6), the provider may not reapply for an OL DSPD certification for at least three months.

KEY: licensing, human services, Division of Services for People with Disabilities, DSPD certified

Date of Last Change: June 11, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202(1)