Definitions for Sections 26B-2-238 through 26B-2-241.
Utah Code § 26B-2-238
in effect26B-2-238. Definitions for Sections 26B-2-238 through 26B-2-241.
As used in this section and Sections 26B-2-239, 26B-2-240, and 26B-2-241:
(1) "Certification for direct patient access" means approval by the department under Section 26B-2-239 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) "Rap back system" means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals who are registered in the system.
(13) "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.
(14) "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.
(15) "Volunteer" means an individual, as defined by department rule, who provides services without pay or other compensation.
Amended by Chapter 310, 2024 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title26B/Chapter2/26B-2-S238.html?v=C26B-2-S238_2024070120240501Fetched: 10/26/2026