- (1) If the office becomes aware that a certified case manager has engaged in unprofessional or unlawful conduct, failed to comply with Section R380-80-5, or has failed to comply with Section R523-7-7, the office shall immediately review the allegation.
(2) If the office determines the allegation is substantiated, the office shall revoke or suspend the certified case manager's certification, based on the severity of the substantiated allegation, and if the certified case manager's conduct resulted in:
- (a) a criminal charge or violation of Section R380-80-5 that results in the certified case manager being separated from employment with the certified case manager's employer;
- (b) a personal financial gain through deception, or a business transaction with a client;
- (c) physical or emotional harm to a person;
- (d) a financial loss to a client, the state, or another employee; or
- (e) if the nature of the allegation is determined by the office to be egregious enough that immediate action needs to be taken.
(3) The office shall ensure the following actions take place when the office becomes aware that a certified case manager's conduct is in violation of Section R380-80-5 that does not result in immediate revocation:
- (a) within 30 days of becoming aware of the violation, the office shall notify the certified case manager through a notice of violation specifying the area of noncompliance;
- (b) within 30 days of receiving a notice of violation, the certified case manager shall submit an acceptable written plan to the office explaining how the certified case manager will achieve compliance within 30 days after receiving the notice of violation; and
- (c) if an acceptable plan of action is not received by the office within 30 days of sending the notice of agency action, the office shall suspend the certified case manager's certification until the certified case manager submits an acceptable plan.
(4) The office shall revoke the certification of a certified case manager if the certified case manager:
- (a) fails to provide the office with satisfactory written evidence of compliance to a plan of action within 30 days after the certified case manager receives a notice of suspension; or
- (b) receives more than two notices of noncompliance with Section R380-80-5 in a one-year period.
- (5) An individual with a revoked case manager certification may not reapply for recertification for 12 months.
- (6) A notice that a certified case manager's certification has been revoked shall include instruction on how to appeal the decision as provided in Title 63G, Chapter 4, Administrative Procedures Act and Rule R410-14.
- (7) If a certified case manager fails to complete the requirements for continuing education, the office shall allow the case manager's certificate to expire and may not renew the certification unless, within 30 days of expiration, the individual submits proof of completion of the required continuing education.
- (8) If a certified case manager's certification expires as described in Subsection (7), the individual may submit a new application for office certification no sooner than 60 days after the expiration date.
KEY: designated examiners, involuntary commitment, case managers, case manager certification
Date of Last Change: January 26, 2026
Notice of Continuation: December 1, 2025
Authorizing, and Implemented or Interpreted Law: 26B-5-104(2); 26B-5-301(8)