UT Code § 26-21-201 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 21 - Health Care Facility Licensing and Inspection Act|Part 2 - Clearance for Direct Patient Access|Section 201 - Definitions.

26-21-201. Definitions.  As used in this part:  (1) "Clearance" means approval by the department under Section 26-21-203 for an individual to have direct patient access.     (2) "Covered body" means a covered provider, covered contractor, or covered employer.     (3) "Covered contractor" means a person that supplies covered individuals, by contract, to a covered employer or covered provider.     (4) "Covered employer" means an individual who:   (a) engages a covered individual to provide services in a private residence to:   (i) an aged individual, as defined by department rule; or     (ii) a disabled individual, as defined by department rule;       (b) is not a covered provider; and     (c) is not a licensed health care facility within the state.       (5) "Covered individual":   (a) means an individual:   (i) whom a covered body engages; and     (ii) who may have direct patient access;       (b) includes:   (i) a nursing assistant, as defined by department rule;     (ii) a personal care aide, as defined by department rule;     (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter 31b, Nurse Practice Act;     (iv) a provider of medical, therapeutic, or social services, including a provider of laboratory and radiology services;     (v) an executive;     (vi) administrative staff, including a manager or other administrator;     (vii) dietary and food service staff;     (viii) housekeeping and maintenance staff; and     (ix) any other individual, as defined by department rule, who has direct patient access; and       (c) does not include a student, as defined by department rule, directly supervised by a member of the staff of the covered body or the student's instructor.       (6) "Covered provider" means:   (a) an end stage renal disease facility;     (b) a long-term care hospital;     (c) a nursing care facility;     (d) a small health care facility;     (e) an assisted living facility;     (f) a hospice;     (g) a home health agency; or     (h) a personal care agency.       (7) "Direct patient access" means for an individual to be in a position where the individual could, in relation to a patient or resident of the covered body who engages the individual:   (a) cause physical or mental harm;     (b) commit theft; or     (c) view medical or financial records.       (8) "Engage" means to obtain one's services:   (a) by employment;     (b) by contract;     (c) as a volunteer; or     (d) by other arrangement.       (9) "Long-term care hospital":   (a) means a hospital that is certified to provide long-term care services under the provisions of 42 U.S.C. Sec. 1395tt; and     (b) does not include a critical access hospital, designated under 42 U.S.C. Sec. 1395i-4(c)(2).       (10) "Patient" means an individual who receives health care services from one of the following covered providers:   (a) an end stage renal disease facility;     (b) a long-term care hospital;     (c) a hospice;     (d) a home health agency; or     (e) a personal care agency.       (11) "Personal care agency" means a health care facility defined by department rule.     (12) "Resident" means an individual who receives health care services from one of the following covered providers:   (a) a nursing care facility;     (b) a small health care facility;     (c) an assisted living facility; or     (d) a hospice that provides living quarters as part of its services.       (13) "Residential setting" means a place provided by a covered provider:   (a) for residents to live as part of the services provided by the covered provider; and     (b) where an individual who is not a resident also lives.       (14) "Volunteer" means an individual, as defined by department rule, who provides services without pay or other compensation.    Enacted by Chapter 328, 2012 General Session