R539-3-7. Privacy

  (1) Persons shall have privacy, including private communications (i.e. mail, telephone calls and private conversations), personal space, personal information, and self-care practices (i.e. dressing, bathing, and toileting).

  (2) Restrictions to privacy that are implemented by the Division or Provider shall be part of a written plan and approved by the Team and Provider Human Rights Committee. Circumstances that require assistance in self-care due to functional limitations do not require a written plan.

  (3) No Person shall be subject to electronic surveillance of any kind without:

  (a) express written consent from the Person to be under surveillance or the Person's guardian;

  (b) approval of both the Person's Team and the Provider Human Rights Committee;

  (c) certification by the Provider Human Rights Committee that the electronic surveillance meets a necessary health or safety concern and is done in the least intrusive manner possible; and

  (d) submission of Electronic Surveillance Certification to the Division Quality Manager.

  (4) Electronic surveillance shall not be placed in common areas without:

  (a) express written consent from all Persons who live at the site, or the guardians of those Persons;

  (b) approval of the Provider Human Rights Committee;

  (c) certification by the Provider Human Rights Committee that the electronic surveillance meets a necessary health or safety concern and is done in the least intrusive manner possible; and

  (d) submission of Electronic Surveillance Certification to the Division Quality Manager.

  (5) Under no circumstances shall electronic surveillance be used by administrative or supervisory staff as a substitute for supervision of employees providing direct care to Persons.

  (6) Visitors shall be provided with notice of electronic surveillance upon entering the premises.

  (a) Notice shall be provided by placing a sign of substantial size, in a conspicuous location, so as to attract the attention of visitors as they enter.

  (7) The Person's Team and the Provider Human Rights Committee shall conduct reviews of electronic surveillance:

  (a) at least annually; and

  (b) in response to specific requests for review from the Person under surveillance or that Person's guardian.

  (8) Electronic surveillance at the Utah State Developmental Center shall comply with federal regulations outlined in 42 C.F.R. 483.420(a)(7) (2011), 42 C.F.R. 483.440(f)(3)(i)-(iii) (2011) and 42 C.F.R. 483.470(d)(2) (2011).