Section R501-1-3 - Definitions(1) In addition to the definitions outlined in Section 26B-2-101 and Rule R380-600, the following definitions apply to each rule under Title R501.(2)(a) "Body Cavity Search" means a visual or manual inspection of the body cavity in search of prohibited material.(b) "Body Cavity Search" does not mean an inspection of a client's mouth after taking medication.(3) "Category" means the type of human service license described in Section 26B-2-101.(4) "Chemical Restraint" means any drug that is used to restrict an individual's freedom of movement for discipline, convenience, or immediate safety and not required to treat the individual's medical symptoms.(5) "Clinical" means treatment or services delivered by a mental health or medical professional that is licensed by the Division of Professional Licensing.(6) "Compliant" means adherence to governing rule and statute.(7) "Confidential communication" means communication between only the individuals referenced in Subsection 26B-2-123(6) that does not allow for outside entities to have access to information contained in the confidential exchange.(8) "Conflict of Interest" means a situation where a person is in a position to derive personal benefit from actions or decisions made in their official capacity.(9)(a) "Congregate Care Program" means the same as the term defined in Section 26B-2-101.(b) "Congregate Care Program" does not mean a residential program licensed to serve adults that is approved by the office to serve a child for a limited time.(10) "Direct Care Staff" means staff working directly with clients.(11) "Direct Supervision" means in close physical proximity and actively supervising clients with the ability to immediately respond as necessary.(12) "Education Entitled Children" means the same as the term is defined in Section 26B-2-116.(13) "Licensee" means an individual or a human services program licensed by the office.(14) "Mechanical Restraint" means the use of a device, material or equipment attached to or adjacent to a person's body that restricts freedom of movement and normal access to the body.(15) "Medication-Assisted Treatment" means the use of medications with counseling and behavioral therapies to treat substance use disorders or prevent opioid overdose.(16) "On duty" means individuals counted in supervision ratios and charged with supervising clients as a primary job requirement.(17) "Parent program" means an applicant or licensee owning or directing multiple sites under the same general administrative organization.(18) "Person" means: (g) a limited liability company;(i) a political subdivision;(j) a government office, department, division, bureau, or other body of government; and(k) any other organization or entity.(19) "Program director" means an individual responsible for day-to-day operations of a program.(20) "Residential program" means a program providing overnight care and includes the following license categories:(c) residential treatment;(e) therapeutic school; and(f) social detoxification.(21)(a) "Restraint" means physically restricting a client's freedom of movement, physical activity, or normal access to their body; and includes passive, chemical and mechanical restraint used as a last resort as a means to prevent harm to self or others.(b) "Restraint" does not mean an escort used to lead, guide, or direct a client.(22) "Seclusion" means, except for medically approved quarantine, the involuntary confinement of an individual in an area: (a) away from the individual's peers; and(b) in a manner that physically prevents the individual from leaving the room or area.(23) "Settings Final Rule" means 42 CFR Parts 430, 431, 435, 436, 440, 441, and 447 that impacts Medicaid funding in residential settings that serve elderly and disabled populations.(24) "Significant criminal activity" means any unlawful activity by or against any of the licensee's clients or on duty staff members that poses a serious threat to their health, safety, or well-being including:(a) any criminal activity that involves law enforcement;(b) illegal physical or sexual misconduct or assault;(e) suspected exploitation.(25) "Significant medical emergency" means an acute injury or illness posing an immediate risk to a person's life or health or requires emergency medical care.(26) "Site" means a human services program identified by a single geographic location and linked to the parent program, if one exists.(27) "Staff" means an individual who is associated with a licensee.(28) "Strip search" means requiring a client to undress down to undergarments or complete nudity in view of another person.(29) "Telehealth" means the use of digital information and communication technologies, such as computers and mobile devices, to remotely access behavioral or health care services.(30) "Trauma-informed" means overall practices that promote environments of healing and recovery rather than practices and services that may inadvertently re-traumatize.Utah Admin. Code R501-1-3
Amended by Utah State Bulletin Number 2015-14, effective 7/1/2015Adopted by Utah State Bulletin Number 2017-3, effective 1/17/2017Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018Amended by Utah State Bulletin Number 2019-4, effective 1/17/2019Amended by Utah State Bulletin Number 2022-02, effective 1/6/2022Amended by Utah State Bulletin Number 2022-08, effective 4/5/2022Amended by Utah State Bulletin Number 2023-06, effective 3/2/2023Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023