Section R539-3-3 - DefinitionsAs 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;(e) web-based monitoring system; or(f) another device that facilitates live two-way communication.Utah Admin. Code R539-3-3
Adopted by Utah State Bulletin Number 2022-05, effective 2/22/2022