1. (1) "Abuse" means the same as defined in Sections 26B-6-201 and 80-1-102.
2. (2) "Applicant" means the same as defined in Section 26B-2-120.

3. (3) "Associated" means affiliated with the OL DSPD certification, contract, or licensee as a:

   1. (a) department contractor;
   2. (b) direct care staff member;
   3. (c) director;
   4. (d) employee;
   5. (e) human services program owner;
   6. (f) individual with direct access as defined in Section 26B-2-101;
   7. (g) intern;

   8. (h) member of the governing body;

      1. (i) provider of care; or
   9. (j) volunteer.
4. (4) "Certification" means a site or program that serves up to three people in either a residential support certification or day support certification setting.
5. (5) "Client" means the same as defined in Section 26B-2-101 and includes any individual for whom the provider receives compensation for care.
6. (6) "Compliance" means adherence to contract requirements, governing rule, and statute with no current penalty actions or pending resolution of noncompliance.

7. (7) "Critical incident" means an event out of the range of normal experience, including:

   1. (a) a death of a minor;
   2. (b) a death related to an adverse event;
   3. (c) a loss or impairment of a bodily member, organ, or mental faculty or significant disfigurement;

   4. (d) a medication error resulting in:

      1. (i) a telephone call to or a consultation with a poison control center or an emergency department;
      2. (ii) an urgent care visit; or
      3. (iii) hospitalization;
   5. (e) a missing client;
   6. (f) an allegation or confirmation of abuse, neglect, or exploitation;
   7. (g) an allegation or confirmation of waste, fraud, or abuse of Medicaid funds;

   8. (h) any medical emergency requiring treatment beyond first aid;

      1. (i) any cruel, severe, unusual, or unnecessary practice, as described in Section 26B-2-123, including misuse or unauthorized use of restrictive interventions, seclusion, or body cavity search;
   9. (j) any property damage or infestation that jeopardizes services; or
   10. (k) any significant criminal activity.
8. (8) "Day support certification setting" means a human services program that provides non-residential services to a total of three or fewer individuals, regardless of whether the individuals receive services at the same time, site, or in the same groups.
9. (9) "Department" means the Department of Health and Human Services.
10. (10) "Direct Access Clearance System" or "DACS" means the online system used by OBP for processing and monitoring background checks for any individual with direct access to a client in a health or human services program.
11. (11) "Direct care staff" means staff working directly with the clients.
12. (12) "DSPD" means the Division of Services for People with Disabilities;

13. (13) "Eligible" means an OBP determination of:

    1. (a) direct access qualified for a human services program, in accordance with Section 26B-2-120;
    2. (b) OL DSPD certification for direct patient access in a health care facility, in accordance with Section 26B-2-240; or
    3. (c) no findings in an individual's background check that would prohibit that individual from being involved in child care, as outlined in rules under Titles R381 and R430.

14. (14) "Exploitation" means:

    1. (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 a person other than the client, including spending a client's funds for the benefit of another;
    2. (b) using the labor of a client without paying the client a fair wage or without providing the client with just or equivalent nonmonetary compensation, where such use is inconsistent with therapeutic practices;
    3. (c) engaging or involving a client in any sexual conduct; or

    4. (d)(i) sexual exploitation of a minor, as described in Section 76-5b-201;

       1. (ii) sexual exploitation of a vulnerable adult, as described in Section 76-5b-202; or
       2. (iii) abuse of a vulnerable adult, as described in Subsection 76-5-111(2).

15. (15)(a) "Fraud" means a false or deceptive statement, act, or omission that causes, or attempts to cause, property or financial damages or for personal gain.

    1. (b) Fraud also means any offenses identified as fraud in Title 76, Chapter 6, Offenses Against Property.
16. (16) "Good standing" means in compliance, as defined in Subsection (6).
17. (17) "Inspection" means an announced or unannounced visit to monitor ongoing compliance at the provider's site.
18. (18) "Investigation" means an announced or unannounced inquiry into an internal or external complaint or a reported incident that alleges noncompliance to determine compliance with contract requirements or rule.

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

    1. (b) Neglect also means the same as defined in Sections 26B-6-201, 76-5-110, and 80-1-102.
20. (20) "OBP" means the Office of Background Processing in the Division of Licensing and Background Checks under the Department of Health and Human Services.
21. (21) "OL" means the Office of Licensing in the Division of Licensing and Background Checks under the Department of Health and Human Services.
22. (22) "OL penalty" means the denial of an OL DSPD certification or the placement of a condition on, suspension of, or revocation of an OL DSPD certification due to the provider's noncompliance with rule or statute.
23. (23) "Provider" means the license or OL DSPD certificate holder, or the legally responsible individual, providing services regulated by OL.
24. (24) "Residential support certification" means an OL DSPD certification to operate a residential facility that serves three or fewer clients in a setting that is integrated in the community.
25. (25) "Settings rule" means 42 CFR 430, 431, 435, 436, 440, 441, and 447 (2025) that impacts Medicaid home- and community-based services funding in settings that serve people with disabilities.

26. (26) "Significant criminal activity" means any unlawful activity by or against a client, provider, or on-duty staff that poses a serious threat to a client or on-duty staff's health, safety, or wellbeing, including:

    1. (a) any criminal activity that involves law enforcement;
    2. (b) illegal physical or sexual misconduct or assault;
    3. (c) rioting;
    4. (d) suspected exploitation; or
    5. (e) suspected fraud.
27. (27) "Site" means a human services program location that serves up to three individuals in either a residential support certification or day support certification setting.

Terms used in this rule are defined in Sections 26B-2-101 and 26B-2-701. Additionally:

KEY: licensing, human services, Division of Services for People with Disabilities, DSPD certified

Date of Last Change: June 11, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202(1)