Utah Admin. Code R432-35-2 - Definitions
Definitions found in Section 26B-2-238 and Rule R380-600 apply to this rule. Additionally:
(1) "Aged"
means an individual who is 60 years of age or older.
(2) "Certification for direct patient access"
means an OBP-approved background clearance for an individual to have direct
patient or resident access whose engaged employment has not lapsed for a period
longer than 180 days.
(3) "Covered
body" means a covered provider, covered contractor, or covered
employer.
(4) "Corporation" means
an entity that has business interest or connection to covered providers that
employs individuals who provide consultative services that may result in direct
patient access.
(5) "Covered
contractor" means a person or corporation that provides covered individuals, by
contract, to:
(a) a covered employer;
or
(b) a covered provider for
services within the scope of the health facility license.
(6) "Covered employer" means an individual
who:
(a) engages a covered individual to
provide services in a private residence to:
(i) a disabled individual, as defined by this
rule; or
(ii) an aged individual, as
defined by this rule;
(b)
is not a covered provider; and
(c)
is not a licensed health care facility within the state.
(7) "Covered individual":
(a) means an individual that:
(i) a covered body engages; and
(ii) may have direct patient
access;
(b) a covered
individual includes:
(i) a nursing
assistant;
(ii) a personal care
aide;
(iii) a provider of medical,
therapeutic, or social services, including a provider of laboratory and
radiology services;
(iv) an
executive;
(v) an individual
licensed to engage in the practice of nursing under Title 58, Chapter 31b,
Nurse Practice Act;
(vi) any
administrative staff, including a manager or other administrator;
(vii) any dietary and food service
staff;
(viii) any housekeeping
staff;
(ix) any maintenance
staff;
(x) any transportation staff;
and
(xi) any volunteer as defined by
this rule;
(c) a covered
individual does not include a student directly supervised by a member of the
staff of the covered body or the student's instructor.
(8) "Covered provider" means:
(a) a home health agency;
(b) a hospice agency;
(c) a long-term care hospital;
(d) a nursing care facility;
(e) a personal care agency;
(f) a small health care facility;
(g) an assisted living facility; or
(h) an end stage renal disease
facility.
(9) "DACS"
means Direct Access Clearance System.
(10) "Direct patient access" means an
individual in a position where the individual could, in relation to a patient
or resident of the covered body:
(a) cause
physical or mental harm;
(b) commit
theft; or
(c) view medical or
financial records.
(11)
"Disabled individual" means an individual who has limitations with two or more
major life activities, such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
employment.
(12) "Engage" means to
obtain an individual's services:
(a) as a
volunteer;
(b) by
contract;
(c) by employment; or
(d) by other
arrangement.
(13)
"Long-term care hospital":
(a) means a
hospital that is certified to provide long-term care services under
42 U.S.C. Sec.
1395tt; and
(b) does not include a critical access
hospital, designated under 42 U.S.C. Sec 1395i-4(c)(2).
(14) "Nursing Assistant" means an individual
who performs duties under the supervision of a nurse, that may include a nurse
aide, personal care aide, or certified nurse aide.
(15) "OBP" means the Office of Background
Processing in the Division of Licensing and Background Checks (DLBC) under the
Department of Health and Human Services.
(16) "OL" means the Office of Licensing in
the DLBC under the Department of Health and Human Services.
(17) "Patient" means an individual who
receives health care services from one of the following covered providers:
(a) a home health agency;
(b) a hospice agency;
(c) a long-term care hospital;
(d) a personal care agency; or
(e) an end stage renal disease
facility.
(18) "Rapback
system" means the system that enables authorized entities to receive ongoing
status notification of any criminal history reported on individuals who are
registered in the system.
(19)
"Resident" means an individual who receives health care services from one of
the following covered providers:
(a) a hospice
agency that provides living quarters as part of its services;
(b) a nursing care facility;
(c) a small health care facility;
(d) an assisted living facility;
(20) "Residential setting" means a
place provided by a covered provider:
(a) for
residents to live as part of the services provided by the covered provider;
and
(b) where an individual who is
not a resident also lives.
(21) "Volunteer" means an individual who may
have unsupervised direct patient access who is not directly compensated for
providing services.
Notes
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