R501-1-2. Definitions

  As used in this Title 501:

  (1) "Abuse" includes, but is not limited to:

  (a) attempting to cause harm;

  (b) threatening to cause harm;

  (c) causing non-accidental harm;

  (d) unreasonable or inappropriate use of a restraint, medication, confinement, seclusion or isolation that causes harm;

  (e) sexual exploitation, as defined in 78A-6-105;

  (f) sexual abuse, including sexual contact or conduct with a client, or as defined in 78A-6-105;

  (g) a sexual offense, as described in Title 76 Chapter 5; or

  (h) domestic violence or domestic violence related to child abuse.

  (i) "Abuse" does not include the reasonable discipline of a child, or the use of reasonable and necessary force in self-defense or the defense of others, as such force is defined in 76-2-4.

  (2) "Applicant" is defined in 62A-2-101.

  (3) "Associated with the Licensee" is defined in 62A-2-101.

  (4) "Category" means the type of human service license described in 62A-2-101.

  (5) "Client" is defined in 62A-2-101.

  (6) "Clinical" means services delivered by a Division of Occupational and Professional Licensing (DOPL) licensed mental health or medical professional in accordance with Utah Code Title 58, Chapters 60, 61, 67 and 68.

  (7) "Compliant" means adherence to governing rule and statute or only minor violations that do not rise to the level of a corrective action plan or penalty.

  (8) "Conflict of Interest" means a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity.

  (9) "Critical Incident" means an occurrence that involves:

  (a) abuse;

  (b) neglect;

  (c) exploitation;

  (d) unexpected death;

  (e) any client injury, including self-harm, requiring medical attention beyond basic first aid;

  (f) any client injury that is a result of staff or client assault, restraint or intervention;

  (g) all criminal activity excluding minor infractions;

  (h) medical emergency or protective service intervention;

  (i) the unlawful or unauthorized presence or use of alcohol, substances, or harmful contraband items;

  (j) the unauthorized presence or misuse of dangerous weapons;

  (k) attempted suicide;

  (l) any on-duty or client-involved staff sexual misconduct or any client unlawful sexual misconduct;

  (m) client rights violations;

  (i) per Office of Licensing code of conduct for all licensed providers; and

  (ii) per DHS code of conduct for DHS contracted providers; and

  (iii) per human rights committee approval for DSPD contracted providers;

  (n) medication errors resulting in impact on client's well-being, medical status or functioning;

  (o) the unauthorized departure of a client from the program;

  (p) outbreak of a contagious illness or situation requiring notification of or consultation with the local health department;

  (q) any event compromising the client environment, including roof collapse, fire, flood, weather events, natural disasters and infestations;

  (r) any other incident that compromises client health and safety shall result in a critical incident report;

  (i) specific contract language may also exist that requires additional criteria for DHS contracted providers.

  (10) "Director" refers to the Office of Licensing director as defined in 62A-2-101, and is not a "Program Director" as defined in this Chapter.

  (11) "Exploitation" includes, but is not limited to:

  (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 personal gain of someone other than the client; such as expending a client's funds for the benefit of another; or

  (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 consistent with therapeutic practices; or

  (c) engaging or involving a client in any sexual conduct; or

  (d) any offense described in 76-5-111(4) or 76-5b-201 and 202.

  (12) "Foster Home" is defined in 62A-2-101 (18).

  (13) "Fraud" means a false or deceptive statement, act, or omission that causes, or attempts to cause, property or financial damages, or for personal or licensee gain. Fraud includes the offenses identified as fraud in Utah Code Title 76 Chapter 6.

  (14) "Harm" means physical or emotional pain, damage, or injury.

  (15) "Human Services Program" is defined in 62A-2-101.

  (16) "Initial License" means the license issued to operate a human services program during the licensee's first year of licensure. This license is considered provisional and allows for the licensee to demonstrate sustained compliance with licensing rules prior to renewal.

  (17) "Inspection" means announced or unannounced visit of the licensed site in accordance with 62A-2-118.

  (18) "Licensee" is defined in 62A-2-101 and includes the person or persons responsible for administration and decision making for the licensed site or program. The term licensee may be used to describe a person or entity that has caused any of the violations described in 62A-2-112 that are related to the human services program.

  (19) "Local Government" is defined in 62A-2-101.

  (20) "Medical Emergency" is an acute injury or illness posing an immediate risk to a person's life or long-term health.

  (21) "Medication-Assisted Treatment" means the use of medications with counseling and behavioral therapies to treat substance use disorders or prevent opioid overdose.

  (22) "Mistreatment" means emotional or physical mistreatment:

  (a) emotional mistreatment is verbal or non-verbal conduct that results in a client suffering significant mental anguish, emotional distress, fear, humiliation, or degradation; and may include demeaning, threatening, terrorizing, alienating, isolating, intimidating, or harassing a client; and

  (b) physical mistreatment includes:

  (i) misuse of work, exercise restraint, or seclusion as a means of coercion, punishment, or retaliation against a client, or for the convenience of the licensee, or when inconsistent with the client's treatment or service plan, health or abilities;

  (ii) compelling a client to remain in an uncomfortable position or repeating physical movements to coerce, punish, or retaliate against a client, or for the convenience of the licensee;

  (iii) physical punishment.

  (23) "Neglect" means abandonment or the failure to provide necessary care, which may include nutrition, education, clothing, shelter, sleep, bedding, supervision, health care, hygiene, treatment, or protection from harm.

  (24) "Office" means the Utah Department of Human Services Office of Licensing.

  (25) "Owner/Ownership" means any licensee, person, or entity that:

  (a) is defined as a "Member" in 62A-2-108; or

  (b) is a person or persons listed on a foster home license; or

  (c) possesses the exclusive right to hold, use, benefit-from, enjoy, convey, transfer, and otherwise dispose of a program; or

  (d) retains the rights, participates in, or is ultimately responsible for operations and business decisions of program, or

  (e) may or may not own the real property or building where the facility operates; or

  (f) a property owner is also an owner of the program if they operate or have engaged the services of others to operate the program.

  (26) "Parent Program" means an applicant or licensee owning or directing multiple sites under the same general administrative organization.

  (27) "Penalty" means the Office's denying, placing conditions on, suspending, or revoking a human services license due to noncompliance with statute or administrative rules, may include penalties outlined in 62A-2-112. A penalty does not include corrective action plans as used in this Rule.

  (28) "Program" refers to a Human Services Program as defined herein.

  (29) "Program Director" means a person or persons ultimately responsible for day to day operations of a program.

  (30) "Person" means an individual, agency, association, partnership, corporation, business entity, or governmental entity.

  (31) "Regular Business Hours" are the hours that the program is available to the public or providing services to clients.

  (32) "Renewal License" means a continuing program license issued based upon ongoing compliance with administrative rules and statutes. It is issued annually or biennially in compliance with 62A-2 108(4).

  (33) "Restraint" means the involuntary method of physically restricting a person's freedom of movement, physical activity, or normal access to their body. Restraint is only allowed to prevent harm to the client or in protection of others and is only to be completed by an individual with documented training in non-violent crisis intervention or de-escalation techniques.

  (34) "Seclusion" means the involuntary confinement of the individual in a room or an area away from the client community, where the individual is physically prevented from leaving.

  (35) "Site" means a human services program identified by a single geographic location and must be linked to the parent program, if one exists.

  (36) "Significant Criminal Activity" is any staff or client involved criminal activity that occurs in or related to the program that poses an immediate and serious threat to health and safety.

  (37) "Staff" means direct care employees, support employees, managers, program directors, supervisors, administrators, agents, volunteers, owners, and contractors.

  (38) "Variance" means the Office authorized deviation from the administrative rule.

  (39) "Violation" means an act or omission by the licensee, or any person associated with the licensee, contrary to any administrative regulation, or local, state, or federal law applicable to the program.