Section R380-600-2 - Definitions(1) "Abuse" means the same as the term is defined in Sections 26B-6-201, 80-1-102, and R512-80-2.(2) "Action Review" means informal levels of discussion available to providers to engage the division administration to review an action taken on their license or certificate before requesting an appeal.(3) "Applicant" means the legally responsible individual or individuals, or business seeking to obtain a valid new or renewal license or certificate from the Office.(4) "Category" means the type of license or certificate needed for the services offered by the provider.(5) "Certificate" means a residential child care certificate in accordance with Section 26B-2-404.(6) "Certified" means an approval to operate in compliance with local or federal requirements or regulations completed by the office or on behalf of the office for another local or federal agency.(7) "Citation" means a notice for serious or repeat rule noncompliance.(8) "Client" means an individual receiving the services from the provider.(9) "CMP" means civil money penalty issued by the office as a fine for repeat citations or when an initial instance of noncompliance results in, or is likely to result in, harm to clients.(10) "Covered Individual" means any of the following: (c) a member of the administration or governing body;(f) a volunteer who has unsupervised access to any client or any client's records, except a parent or legal guardian of a child or vulnerable adult enrolled in the program having access to their own child or vulnerable adult;(g) an individual age 12 years or older who resides in the facility; and(h) anyone who has unsupervised access to any client or any client's records.(11) "Critical Incident" means an event out of the range of normal experience including any of the following:(a) an allegation or confirmation of abuse, neglect, or exploitation;(b) a loss or impairment of the function of a bodily member, organ, or mental faculty or significant disfigurement;(c) a death related to an adverse event;(e) a medication error resulting in a telephone call to or a consultation with a poison control center, an emergency department visit, an urgent care visit, or hospitalization;(f) an allegation or confirmation of waste, fraud or abuse of Medicaid funds;(g) any medical emergency requiring treatment beyond basic first aid;(i) any significant criminal activity;(j) any property damage or infestation that jeopardizes services; or(k) any prohibited practice as described in Section 26B-2-123 including misuse or unauthorized use of restrictive interventions, seclusion, or body cavity search.(12) "Department" means the Department of Health and Human Services.(13) "Division" means the Division of Licensing and Background Checks in the Department of Health and Human Services.(14) "Emotional Mistreatment" means verbal or nonverbal conduct that results in a client suffering significant mental anguish, emotional distress, fear, humiliation, or degradation. Emotional mistreatment includes demeaning, threatening, terrorizing, alienating, isolating, intimidating, or harassing a client.(15) "Exploitation" includes: (a) the use of a client's property, labor, or resources without the client's consent or in a manner that is contrary to the client's best interests, or for the gain of some person other than the client, including spending a client's funds for the benefit of another;(b) using the labor of a client without paying the client a fair wage or without providing the client with just or equivalent non-monetary compensation, where such use is inconsistent with therapeutic practices;(c) engaging or involving a client in any sexual conduct; or(d) sexual abuse of a minor as described in Section 76-5b-201 or vulnerable adult as described in Section 76-5b-202 and Subsection 76-5-111(2).(16) "Fraud" means a false or deceptive statement, act, or omission that causes, or attempts to cause, property or financial damages, or for personal gain. Fraud also means any offenses identified as fraud in Title 76, Chapter 6, Offenses Against Property.(17) "Harm" means financial, physical, or emotional pain, damage, injury, or fraud.(18) "Inspection" means an announced or unannounced visit of the provider's site to monitor compliance.(19) "Inspection Report" means the written official description of any rule, statute, or requirement where the provider may be found out of compliance, that may include facts supporting the noncompliance, risk levels, corrective actions, and corrective time frames the office, or an office approved agency sends the provider once an inspection, survey, or investigation has been completed.(20) "Investigation" means an inspection to verify compliance with rule or statute.(21) "Mistreatment" means conduct that results in emotional or physical harm.(22) "Neglect" means abandonment or the failure to provide necessary care, including nutrition, education, clothing, shelter, sleep, bedding, supervision, health care, hygiene, treatment, or protection from harm. Neglect also means the same as the term is defined in Sections 26B-6-201; 76-5-110; and 80-1-102.(23) "Office" means the Office of Licensing within the Department of Health and Human Services, Division of Licensing and Background Checks.(24) "Owner" means any person, or entity that:(a) is listed on a license or certificate as the license or certificate holder;(b) possesses the right to hold, use benefit from, enjoy, convey, transfer, and otherwise dispose of a program or facility;(c) retains the rights, participates in, or is ultimately responsible for operations and business decisions of a program or facility; or(d) operates or has engaged the services of others to operate the program or facility.(25) "Penalty" means an action taken by the office to fine a licensee or certificate holder deny a license, or place a condition on, suspend, or revoke a license due to the program or facility's noncompliance with statute or administrative rule.(26) "Person" means an individual, agency, association, partnership, corporation, business entity, or governmental entity.(27) "Physical mistreatment" means conduct that results in pain, injury, or death.(28) "Plan of Correction" means, except for the Center for Medicare and Medicaid Services (CMS) plan of correction as defined in 42 CFR 488.401, a temporary process for the office and the provider to work toward improved provider compliance and preventing further noncompliance.(29) "Program or facility" means the settings, activities, services, procedures, and premises used by the provider to operate their license or certificate.(30) "Provider" means the license or certificate holder, or the legally responsible individual or individuals providing services regulated by the office.(31) "Regular business hours" are the hours that the program or facility is available to the public or providing services to clients.(32) "Risk Levels" means likelihood and severity of harm between low, moderate, high, and extreme that may result if a rule is out of compliance.(33) "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.(34) "Significant criminal activity" means any unlawful activity by or against the program or facility's clients or on duty staff that poses a serious threat to the program or facility's clients or on duty staff's 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.(35) "Strip search" means requiring a client to undress down to undergarments or complete nudity in view of another person.(36) "Unsupervised Access" means being out of sight and hearing from an individual who has successfully passed the required division background check.(37) "Variance" means any deviation from administrative rule authorized in writing by the office.(38) "Warning" means a licensing action that warns the provider that a rule noncompliance shall be corrected within a specified amount of time.Utah Admin. Code R380-600-2
Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023