Utah Admin. Code 432-35-3

Current through Bulletin 2024-17, September 1, 2024

Section R432-35-3 - Definitions

Terms used in this rule are defined in Section 26B-2-238. In addition, this rule defines the following terms:

(1) "Aged" means an individual who is 60 years of age or older.

(2) "Certification for direct patient access" means a department approved background screening clearance for an individual to have direct patient or resident access whose engaged employment has not lapsed for a period of 180 days.

(3) "Covered body" means a covered provider, covered contractor, or covered employer.

(4) "Corporation" means an entity that has business interest or connection to covered providers that employ individuals who provide consultative services that may result in direct patient access.

(5) "Covered contractor" means a person or corporation that provides covered individuals, by contract, to:

(a) a covered employer; or

(b) a covered provider for services within the scope of the health facility license.

(6) "Covered employer" means an individual who:

(a) engages a covered individual to provide services in a private residence to:

(i) an aged individual, as defined by department rule; or

(ii) a disabled individual, as defined by department rule;

(b) is not a covered provider; and

(c) is not a licensed health care facility within the state.

(7) "Covered individual":

(a) means an individual that:

(i) a covered body engages; and

(ii) may have direct patient access;

(b) a covered individual includes:

(i) a nursing assistant;

(ii) a personal care aide;

(iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter 31b, Nurse Practice Act;

(iv) a provider of medical, therapeutic, or social services, including a provider of laboratory and radiology services;

(v) an executive;

(vi) administrative staff, including a manager or other administrator;

(vii) dietary and food service staff;

(viii) housekeeping;

(ix) transportation staff;

(x) maintenance staff; and

(xi) volunteer as defined by department rule.

(c) a covered individual does not include a student directly supervised by a member of the staff of the covered body or the student's instructor.

(8) "Covered provider" means:

(a) an end stage renal disease facility;

(b) a long-term care hospital;

(c) a nursing care facility;

(d) a small health care facility;

(e) an assisted living facility;

(f) a hospice;

(g) a home health agency; or

(h) a personal care agency.

(9) "DACS" means Direct Access Clearance System.

(10) "Direct patient access" means an individual in a position where the individual could, in relation to a patient or resident of the covered body:

(a) cause physical or mental harm;

(b) commit theft; or

(c) view medical or financial records.

(11) "Disabled individual" means an individual who has limitations with two or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and employment.

(12) "Engage" means to obtain an individual's services:

(a) by employment;

(b) by contract;

(c) as a volunteer; or

(d) by other arrangement.

(13) "Long-term care hospital":

(a) means a hospital that is certified to provide long-term care services under 42 U.S.C. Sec 1395tt; and

(b) does not include a critical access hospital, designated under 42 U.S.C. Sec. 1395i-4(c)(2).

(14) "Nursing Assistant" means an individual who performs duties under the supervision of a nurse, that may include a nurse aide, personal care aide or certified nurse aide.

(15) "Patient" means an individual who receives health care services from one of the following covered providers:

(a) an end stage renal disease facility;

(b) a long-term care hospital;

(c) a hospice;

(d) a home health agency; or

(e) a personal care agency.

(16) "Resident" means an individual who receives health care services from one of the following covered providers:

(a) a nursing care facility;

(b) a small health care facility;

(c) an assisted living facility; or

(d) a hospice that provides living quarters as part of its services.

(17) "Residential setting" means a place provided by a covered provider:

(a) for residents to live as part of the services provided by the covered provider; and

(b) where an individual who is not a resident also lives.

(18) "Volunteer" means an individual who may have unsupervised direct patient access who is not directly compensated for providing services.

Utah Admin. Code R432-35-3

Amended by Utah State Bulletin Number 2020-04, effective 3/1/2020

Amended by Utah State Bulletin Number 2020-05, effective 3/1/2020

Amended by Utah State Bulletin Number 2023-17, effective 8/22/2023