Utah Admin. Code R539-3-3 - Definitions

As used in this rule:

(1) Terms used in this rule are defined in Sections 62A-5-101, R539-1-3, and R539-2-3.
(2) "Electronic Surveillance" means observing or listening to a person, a place, or an activity with the aid of an electronic device including camera, webcam, global positioning system, motion detector, weight detector, or microphone. Electronic surveillance does not include:
(a) use of an electronic device as a part of remote support; and
(b) use of audio or video equipment to record a therapy session.
(3) "Electronic Surveillance Certification" means documentation approved by the provider human rights committee that contains:
(a) the location of the site under surveillance;
(b) a description of each type of surveillance used;
(c) the name of each person under surveillance;
(d) a signed informed consent from each person as described in Subsection R539-3-7(4); and
(e) evidence of visitor notification as described in Subsection R539-3-7(6).
(4) "Division Human Rights Council" means a group of stakeholders and division staff that reviews an appeal of a provider human rights committee decision.
(5) "Provider Human Rights Committee" means a group established and maintained by the provider that provides a recommendation to the person's person-centered support plan, regarding their human rights, and approves and maintains documentation for any human rights restriction.
(6) "Remote Support" means the real time provision of a service by a provider at a remote location. Staff engage with an individual through electronic equipment capable of live two-way communication. Equipment used to meet this requirement includes at least one of the following components:
(a) motion sensing system;
(b) radio frequency identification;
(c) live video feed;
(d) live audio feed;
(e) web-based monitoring system; or
(f) another device that facilitates live two-way communication.

Notes

Utah Admin. Code R539-3-3
Adopted by Utah State Bulletin Number 2022-05, effective 2/22/2022

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