R501-19A-2. Definitions

Terms used in this rule are defined in Sections 26B-2-101, 26B-2-120, 26B-2-124, and 26B-2-124.1 and Rule R380-600. Additionally: (1)(a) "Body cavity search" means a visual or manual inspection of a body cavity in search of prohibited material. (b) Body cavity search does not mean an inspection of a client's mouth after the client takes medication. (2) "Chemical restraint" means any drug that: (a) is administered to manage a client's behavior in a way that reduces the safety risk to the resident or another person; (b) has the temporary effect of restricting the client's freedom of movement; and (c) is not a standard treatment for a client's medical or psychiatric condition. (3)(a) "Child in crisis" means a child who is experiencing a situation where the child's mental health or safety is at immediate risk. (b) A child in crisis may exhibit extreme behaviors or emotions that require immediate intervention and support, including: (i) destruction of property; (ii) engaging in self-injurious behavior; (iii) experiencing severe aggression, agitation, or hostility; (iv) expressing suicidal thoughts; (v) extreme emotional changes including intense anger, irritability, or sadness; (vi) hallucinating or experiencing delusions; or (vii) withdrawal or isolation. (c) A child in crisis is a reportable critical incident. (4) "Clinical" means the type of treatment or services delivered by a mental health or medical professional who is licensed by the Division of Professional Licensing. (5) "Clinical director" means a professionally licensed individual responsible for the oversight of a program's clinical processes who is appropriately qualified to supervise the program's professional staff. (6)(a) "Confidential communication" means the unsupervised and unmonitored communication between a client in a congregate care program and the individuals referenced in Subsection 26B-2-123(6). (b) Confidential communication does not allow for any outside entity to have access to view or hear information contained in the confidential exchange. (c) Confidential communication shall align with the requirements described in Subsection 26B-2-123(6). (7) "Direct Access Clearance System" or "DACS" means the online system used by Office of Background Processing (OBP) for processing and monitoring background checks for any applicant with direct access to a client in a human services program. (8) "Direct care staff" means staff that works directly with a client. (9) "Direct supervision" means when staff actively supervises a client in close physical proximity and with uninterrupted auditory surveillance and can immediately respond to the client if necessary. (10) "Education entitled children" means the same as defined in Section 26B-2-116. (11) "Individual treatment" means individualized therapy involving a client and a clinician that may include one or more family members as clinically indicated. (12) "Intake assessment" means a formal review process following every new intake of a client into the program as described in Subsection R501-19A-7(4). (13) "Mechanical restraint" means the use of a device, material, or equipment attached or adjacent to a person's body that restricts freedom of movement and normal access to the body. (14) "On-duty" means an individual counted in a supervision ratio who is charged with supervising one or more clients as a primary job requirement. (15) "Program" means the same as "program or facility" is defined in Section 26B-2-701. (16) "Program director" means an individual responsible for day-to-day operations of a program. (17)(a) "Restraint" means the use of a device, material, or equipment that physically restricts a client's freedom of movement, physical activity, or normal access to the body, including a chemical, mechanical, or passive restraint used as a last resort as a means to prevent harm to the client or another person. (b) A restraint does not mean an escort used to direct, guide, or lead a client. (18)(a) "Seclusion" means the same as defined in Section 26B-2-101 and applies to a client. (b) Seclusion does not include a medically approved quarantine. (19) "Settings final rule" means the Home and Community-Based Services Final Rule as established in 79 FR 2948 (2014). (20) "Significant criminal activity" means any unlawful activity by or against any client of a provider or on-duty staff that poses a serious threat to the health, safety, or well-being of the client or staff, including: (a) any criminal activity that involves law enforcement; (b) illegal physical or sexual misconduct or assault; (c) riot; (d) suspected exploitation; and (e) suspected fraud. (21) "Significant medical emergency" means an acute injury or illness which poses an immediate risk to a client or staff's life or health or requires emergency medical care. (22) "Site" means a human services program identified by a single geographic location and linked to a parent program, if one exists. (23) "Staff" means an individual who is employed by and providing services through a provider. (24) "Strip search" means requiring a client to undress down to undergarments or complete nudity in view of another person. (25) "Telehealth" means the use of digital information and communication technologies, including computers and mobile devices, to remotely access behavioral health or health care services. (26) "Trauma-informed" means any practice that promotes an environment of healing and recovery rather than a practice that may inadvertently re-traumatize.