R156. Commerce, Occupational and Professional Licensing.
R156-50. Private Probation Provider Licensing Act Rule.
This rule is known as the "Private Probation Provider Licensing Act Rule".
In addition to the definitions in Title 58, Chapters 1 and 50, as used in Title 58, Chapter 50 or this rule:
(1) "Direct supervision of staff" means that the licensee is responsible to direct and control the activities of employees, subordinates, assistants, clerks, contractors, etc., and shall review, approve and sign off on all staff duties and responsibilities. Members of staff shall not engage in those duties and functions performed exclusively by the licensee as defined under R156-50-603.
(2) "Client" means a criminal justice involved person.
(3) "Evidence-based assessment tool" means a validated criminogenic tool that has been psychometrically tested for reliability, validity, sensitivity, and is widely recognized by human service professionals.
(4) "Probation agreement" means the agreement outlining the terms and conditions the probationer shall comply with during probation in accordance with the court order.
(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 50, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-50-502.
This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 50.
R156-50-104. Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-50-302. Qualifications for Licensure - Education and Equivalent Training Requirements.
In accordance with Subsections 58-1-203(1)(b) and 58-1-301(3), the education and equivalent training requirements for licensure in Subsection 58-50-5(1) are defined, established and defined as follows:
(1) The baccalaureate degree shall include major study in social work, sociology, psychology, counseling, law enforcement, criminal justice, corrections or other related fields.
(2) The equivalent training shall consist of four years of full-time paid employment in private probation, social work, psychology, counseling, law enforcement, criminal practice, corrections or other related fields.
R156-50-303. Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 50 is established by rule in Section R156-1-308a.
(2) Renewal procedures shall be in accordance with Section R156-1-308c.
R156-50-304. Continuing Education.
(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b) and the continuing education requirement for renewal of licensure in Subsection 58-50-6(2), each person holding a license shall complete 40 hours of qualified continuing professional education (CPE) every two years.
(2) Those persons who become licensed during the renewal period shall be required to complete a total number of CPE hours based upon a formula of five hours of CPE for each of the remaining quarters in the renewal period.
(3) Programs will generally qualify for CPE if the program is related to probation, social work, psychology, counseling, law enforcement, criminal practice, correction or other related fields and if the program will enhance professional development.
(4) Training provided by the licensee for staff will not qualify.
(5) It is the responsibility of the licensee to obtain qualifying CPE and document the CPE on forms supplied by the Division.
(6) The Division may perform random audits to determine compliance with CPE.
R156-50-502. Unprofessional Conduct.
In accordance with Subsection 58-50-2(5), "unprofessional conduct" includes the following:
(1) failing to comply with the continuing professional education requirement of Section R156-50-304;
(2) failing to comply with the operating standards required for a presentence report;
(3) failing to properly supervise the client as set forth in the probation agreement;
(4) failing to disclose any potential conflict of interest relating to supervision of a client as set forth in Subsection 58-50-2(5), including the following circumstances:
(a) simultaneously providing mental health therapy services and private probation services to the same client;
(b) simultaneously providing education and/or rehabilitation services and private probation services to the same client; or
(c) while providing private probation services to a client, also providing any other service to the client for which the licensee receives compensation;
(5) accepting any amount of money or gratuity from a client other than the fees which is set forth in the probation agreement;