R539-3-2. Definitions

Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally: (1) "Division Human Rights Council" or "DHRC" means the group of stakeholders and division staff that reviews an appeal of a provider human rights committee decision. (2)(a) "Electronic surveillance" means observing or listening to a person, place, or activity with the aid of an electronic device, including a camera, global positioning system, microphone, motion detector, webcam, or weight detector. (b) Electronic surveillance does not include: (i) use of an electronic device as a part of remote support; and (ii) use of audio or video equipment to record a therapy session. (3) "Electronic surveillance certification" means documentation approved by the provider human rights committee, containing: (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 R539-3-6(4); and (e) evidence of visitor notification as described in Subsection R539-3-6(6). (4)(a) "Remote support" means the real time provision of a service by a provider at a remote location, in which staff engage with an individual through electronic equipment capable of live two-way communication. (b) Equipment used to meet this requirement includes at least one of the following: (i) live audio feed; (ii) live video feed; (iii) motion-sensing system; (iv) radio frequency identification; (v) web-based monitoring system; or (vi) another device that facilitates live two-way communication.