Utah Admin. Code R510-200-20 - Liability

(1) No representative of the office or local ombudsman entity shall incur any civil or criminal liability for the good faith performance of official duties. Official duties are the duties of a representative as described in Rule R510-200 or applicable federal and state laws and regulations.

(2) The following shall be considered evidence of a performance of official duties in good faith:

(a) making every reasonable effort to follow procedures set forth in applicable laws, policies and procedures;

(b) seeking, and making reasonable efforts to follow direction from the office; and

(c) seeking, and making reasonable efforts to follow, direction from the local ombudsman entity's supervisor or director.

(3) The following may not be considered official duties:

(a) transporting a client;

(b) acting as a guardian or payee;

(c) signing consent forms for surveys, medication, or restraints;

(f) signing medical directives;

(g) exercising a resident's power of attorney; and

(h) similar actions.

(4) The division shall not provide liability insurance or indemnification for the local area agencies or local ombudsman entities.

Notes

Utah Admin. Code R510-200-20

Adopted by Utah State Bulletin Number 2018-12, effective 5/30/2018 Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022