Utah Admin. Code R523-7-8 - Corrective Action on a Case Manager or Targeted Case Manager Certifications
(1) When the
Office of Substance Use and Mental Health becomes aware that a case manager or
targeted case manager has engaged in unprofessional or unlawful conduct or has
failed to comply with Section
R380-80-5, the Office of
Substance Use and Mental Health shall immediately review the
allegation.
(2) If the Office of
Substance Use and Mental Health determines the allegation is substantiated, the
Office of Substance Use and Mental Health shall revoke or suspend the case
manager's or targeted case manager's certification, based on the severity of
the substantiated allegation, and if the case manager's conduct resulted in any
of the following:
(a) a criminal charge or
violation of Section R380-80-5 that results in the
case manager or targeted case manager being separated from their employment
with their 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 of Substance Use and Mental Health to be egregious
enough that immediate action must be taken to protect an individual.
(3) The Office of Substance Use
and Mental Health shall ensure the following actions take place when the Office
of Substance Use and Mental Health becomes aware that a case manager's or
targeted 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 of Substance Use and Mental Health
shall notify the case manager or targeted case manager through a notice of
violation specifying the area of noncompliance;
(b) within 30 days of receiving a notice of
violation, the case manager or targeted case manager shall submit an acceptable
written plan to the Office of Substance Use and Mental Health explaining how
the case manager or targeted 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 of Substance Use and Mental Health within 30 days of
sending the notice of agency action, the Office of Substance Use and Mental
Health shall suspend the case manager's or targeted case manager's
certification until the case manager or targeted case manager submits an
acceptable plan.
(4) The
Office of Substance Use and Mental Health shall revoke the certification of a
case manager or targeted case manager if the case manager or targeted case
manager:
(a) fails to provide the Office of
Substance Use and Mental Health with satisfactory written evidence of
compliance to a plan of action within 30 days after the 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 or targeted case manager certification
may not reapply for recertification for a period of 12 months.
(6) Notices that a case manager's or targeted
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 case manager or targeted case
manager fails to complete the requirements for continuing education, the Office
of Substance Use and Mental Health shall allow the case manager's or targeted
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 case manager's or targeted case
manager's certification expires as described in Subsection (7), the individual
may submit a new application for Office of Substance Use and Mental Health
certification no sooner than 60 days after the expiration date.
Notes
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