Utah Admin. Code R539-3-7 - Privacy

(1) A person who uses a provider-based service shall have privacy. Privacy includes:

(a) any method of communication;

(b) personal space;

(c) personal information; and

(d) self-care as defined by Subsection R539-1-4(3)(a).

(2) Any privacy restriction implemented by the division or a provider shall be part of a person-centered support plan approved by the team and the provider human rights committee. A privacy restriction is not:

(a) assistance with self-care based on an assessed need in the person-centered support plan; or

(b) use of remote support.

(3) A provider may use electronic surveillance in the least intrusive manner possible to meet a health or safety concern.

(4) A provider shall have safeguards in place before using electronic surveillance.

(a) Electronic surveillance of a person requires:

(i) signed informed consent from the person;

(ii) approval from the person's team and the provider human rights committee; and

(iii) electronic surveillance certification from the provider human rights committee.

(b) Electronic surveillance in a common area requires:

(i) signed informed consent from each person living on the premises;

(ii) approval from the provider human rights committee; and

(iii) electronic surveillance certification from the provider human rights committee.

(c) The provider shall submit the electronic surveillance certification to the division.

(d) Protection of electronic surveillance data requires:

(i) development of an electronic data policy and procedure;

(ii) maintaining a secure network to send electronic data; and

(iii) maintaining secure storage for any recording.

(5) Administrative or supervisory staff may not use electronic surveillance as a substitute for supervision of an employee providing direct care to a person.

(6) Each visitor shall be provided with notice of electronic surveillance.

(a) The provider shall prominently display notice within each residence equipped with electronic surveillance.

(b) A visitor must be informed of any monitoring or recording technology in use when entering the premises.

(7) The person's team and the provider human rights committee shall review any electronic surveillance:

(a) at least annually; and

(b) at the request of the person under surveillance.

(8) Electronic surveillance at the Utah State Developmental Center shall comply with 42 CFR 483.420(a)(7) (2019), 42 CFR 483.440(f)(3)(i) through 42 CFR 483.440(f)(3)(iii) (2019), and 42 CFR 483.470(d)(2) (2019), incorporated by reference.

(9) If remote support uses video or audio equipment that permits remote support staff to view activities or listen to conversations in the residence, the provider shall have signed informed consent from:

(a) the person; and

(b) each person living on the premises.

(10) Protection of remote support data requires:

(a) development of an electronic data policy and procedure; and

(b) maintaining a secure network to send electronic data.

(11) A provider may not record video or audio as part of remote support.

Notes

Utah Admin. Code R539-3-7

Adopted by Utah State Bulletin Number 2022-05, effective 2/22/2022