Utah Admin. Code R380-80-2 - Definitions

(1) "Abuse" means the same as the term is defined in Section 26B-6-201 for vulnerable adults or Section 80-1-102 for children.

(2) "Client" means an individual who receives or has received services from a provider.

(3) "Critical incident" means the same as the term defined in Rule R380-600.

(4) "Department" means the Department of Health and Human Services or any of its divisions, offices, or agencies.

(5) "Exploitation" includes:

(a) the use of a client's property, labor, or resources without the client's consent or in a manner that is contrary to the client's best interests, or for the gain of some person other than the client, including spending a client's funds for the benefit of another;

(b) using the labor of a client without paying the client a fair wage or without providing the client with just or equivalent non-monetary compensation, where such use is inconsistent with therapeutic practices;

(c) engaging or involving a client in any sexual conduct;

(d) sexual abuse of a minor as described in Section 76-5b-201; or

(e) sexual exploitation of a vulnerable adult as described in Section 76-5b-202 and Subsection 76-5-111(2).

(6) "Fraud" means a false or deceptive statement, act, or omission that causes, or attempts to cause, property or financial damages, or is made for personal or provider gain. Fraud includes the offenses identified as fraud in Title 76, Chapter 6, Offenses Against Property.

(7) "Harm" means physical or emotional pain, damage, or injury.

(8) "Mistreatment" means conduct that results in emotional or physical harm.

(9) "Neglect" means abandonment or the failure to provide necessary care, including nutrition, education, clothing, shelter, sleep, bedding, supervision, health care, hygiene, treatment, or protection from harm, and neglect also means the same as the term is defined in Sections 26B-6-201 for a vulnerable adult; 76-5-110 for a child with a disability; and 80-1-102 for a child.

(10) "Penalty" means an action taken by the department against a provider which may include to place a condition on, suspend, deny, or revoke a license or certificate due to the program or facility's non-compliance with statute, administrative rule, or requirement.

(11) "Provider" means:

(a) a license or certificate holder;

(b) the legally responsible individual or individuals providing services regulated by the department;

(c) any individual or business entity that contracts or subcontracts with the department to provide services to clients;

(d) any professionally licensed or certified individuals who provide services to clients under the supervision or direction of an individual or business entity; or

(e) any human services program as defined in Section 26B-2-101.

(12)

(a) "Restraint" means physically restricting a person's freedom of movement, physical activity, or normal access to their body, including by chemical and mechanical means.

(b) "Restraint" does not include an escort used to lead, guide, or direct a client.

(13) "Seclusion" means the same as defined in Section 26B-2-101.

(14) "Staff" means provider employees, managers, directors, supervisors, administrators, agents, volunteers, owners, and contractors.

Notes

Utah Admin. Code R380-80-2

Adopted by Utah State Bulletin Number 2024-03, effective 1/22/2024