Terms Used In Utah Code > Title 26B > Chapter 6 > Part 3 - Office of Public Guardian

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Contract: A legal written agreement that becomes binding when signed.
• Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Director: means the director of the division. See Utah Code 26B-6-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
• Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301
• Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensee: means an individual licensed to practice under:

  (a)	Title 58, Chapter 5a, Podiatric Physician Licensing Act;

  (b)	Title 58, Chapter 17b, Pharmacy Practice Act;

  (c)	Title 58, Chapter 28, Veterinary Practice Act;

  (d)	Title 58, Chapter 31b, Nurse Practice Act;

  (e)	Title 58, Chapter 67, Utah Medical Practice Act;

  (f)	Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

  (g)	Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or

  (h)

  Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102 Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-102 Office: means the Office of Public Guardian. See Utah Code 26B-6-301 Person: means :Utah Code 68-3-12.5 Practice of podiatry: means the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions by all appropriate and lawful means, subject to Section 58-5a-103. See Utah Code 58-5a-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102 Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102 Property: is a s defined in Section 75-1-201. See Utah Code 26B-6-301 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unlawful conduct: includes : (a)  the conduct that constitutes unlawful conduct under Section 58-1-501; and (b)  for an individual who is not licensed under this chapter: (i)  using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102 Unprofessional conduct: includes , for an individual licensed under this chapter: (i)  the conduct that constitutes unprofessional conduct under Section 58-1-501; (ii)  communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient; (iii)  allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter; (iv)  except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry; (v)  using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry; (vi)  unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2; (vii)  gross incompetency in the practice of podiatry; (viii)  willfully and intentionally making a false statement or entry in hospital records, medical records, or reports; (ix)  willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due; (x)  willfully using false or fraudulent advertising; (xi)  conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (xii)  falsely making an entry in, or altering, a medical record with the intent to conceal: (A)  a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or (B)  conduct described in Subsections (6)(a)(i) through (xi) or Subsection 58-1-501(1); or (xiii)  violating the requirements of 2. See Utah Code 58-5a-102 Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301