Utah Administrative Code
Topic - Human Services
Title R539 - Health and Human Services, Services for People with Disabilities
Rule R539-3 - Rights and Protections
Section R539-3-3 - Definitions

Universal Citation: UT Admin Code R 539-3-3

Current through Bulletin 2024-18, September 15, 2024

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.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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