1. (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. (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.

   1. (b) Electronic surveillance does not include:

      1. (i) use of an electronic device as a part of remote support; and
      2. (ii) use of audio or video equipment to record a therapy session.

3. (3) "Electronic surveillance certification" means documentation approved by the provider human rights committee, containing:

   1. (a) the location of the site under surveillance;
   2. (b) a description of each type of surveillance used;
   3. (c) the name of each person under surveillance;
   4. (d) a signed informed consent from each person as described in Subsection R539-3-6(4); and
   5. (e) evidence of visitor notification as described in Subsection R539-3-6(6).

4. (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.

   1. (b) Equipment used to meet this requirement includes at least one of the following:

      1. (i) live audio feed;
      2. (ii) live video feed;
      3. (iii) motion-sensing system;
      4. (iv) radio frequency identification;
      5. (v) web-based monitoring system; or
      6. (vi) another device that facilitates live two-way communication.

Terms used in this rule are defined in Section 26B-6-401 and Rule R539-13. Additionally:

KEY: people with disabilities, rights

Date of Last Change: July 23, 2025

Notice of Continuation: June 24, 2024

Authorizing, and Implemented or Interpreted Law: 26B-6-402; 26B-6-403