Utah Code > Title 26B > Chapter 7 – Public Health and Prevention


Part 1	Health Promotion and Risk Reduction	26B-7-101 – 26B-7-121
Part 2	Detection and Management of Chronic and Communicable Diseases andPublic Health Emergencies	26B-7-201 – 26B-7-227
Part 3	Treatment, Isolation, and Quarantine Procedures for Communicable Diseases	26B-7-301 – 26B-7-324
Part 4	General Sanitation and Food Safety	26B-7-401 – 26B-7-416
Part 5	Regulation of Smoking, Tobacco Products, and Nicotine Products	26B-7-501 – 26B-7-521

Terms Used In Utah Code > Title 26B > Chapter 7 - Public Health and Prevention

Abandonment: means to forsake entirely or to refuse to provide care and support for an animal placed in the custody of a licensed veterinarian. See Utah Code 58-28-102
Accounting experience: means applying accounting and auditing skills and principles that are taught as a part of the professional education qualifying a person for licensure under this chapter and generally accepted by the profession, under the supervision of a licensed certified public accountant. See Utah Code 58-26a-102
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjudicative proceeding: means :Utah Code 68-3-12.5

Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

(i)	a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or

(ii)

the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2

Administer: means :

(a)	the direct application by a person of a prescription drug or device by injection, inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a research subject; or

(b)

a veterinarian providing to the owner or caretaker of an animal a prescription drug for application by injection, inhalation, ingestion, or any other means to the body of the animal by the owner or caretaker in accordance with the veterinarian's written directions. See Utah Code 58-28-102

Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-31b-102

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2

Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401

Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401

Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401

Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401

AICPA: means the American Institute of Certified Public Accountants. See Utah Code 58-26a-102

Allegation: something that someone says happened.

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Animal: means any animal other than a human. See Utah Code 58-28-102

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Applicant: means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. See Utah Code 58-31b-102

Appraisal: A determination of property value.

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

Approved education program: means a nursing education program that is accredited by an accrediting body for nursing education that is approved by the United States Department of Education. See Utah Code 58-31b-102

Arrest: Taking physical custody of a person by lawful authority.

Articles of incorporation: include :

(a)	amended and restated articles of incorporation;

(b)	articles of merger; and

(c)

a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102

AVMA: means American Veterinary Medical Association. See Utah Code 58-28-102

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Bequeath: To gift property by will.

Bioterrorism: means :

(a)

the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and

(b)

includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301

Board: means the Utah Board of Accountancy created in Section 58-26a-201. See Utah Code 58-26a-102

Board: means the Veterinary Board established in Section 58-28-201. See Utah Code 58-28-102

Board: means the Board of Nursing created in Section 58-31b-201. See Utah Code 58-31b-102

Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3

Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102

Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201

Certified food safety manager: means a manager of a food service establishment who:

(a)	passes successfully a department-approved examination;

(b)	successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and

(c)

submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Clandestine laboratory operation: means the:

(i)	purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;

(ii)	transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;

(iii)

setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;

(iv)

activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;

(v)	illegal manufacture of specified controlled substances; or

(vi)

distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3

Client: means the person who retains a licensee for the performance of one or more of the services included in the definition of the practice of public accountancy. See Utah Code 58-26a-102

Client: means the patient's owner, the owner's agent, or other person responsible for the patient. See Utah Code 58-28-102

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201

Community location: means the same as that term is defined:

(a)

as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501

Compilation: means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presenting, in the form of financial statements, information that is the representation of management or owners, without undertaking to express any assurance on the statements. See Utah Code 58-26a-102

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2

Contact: means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection. See Utah Code 26B-7-201

Continuance: Putting off of a hearing ot trial until a later time.

Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2

Contract: A legal written agreement that becomes binding when signed.

Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2

Controlled substance: means a drug or substance:

(A)	included in Schedules I, II, III, IV, or V of Section 58-37-4;

(B)

included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2

Controlled substance analog: means :

(A)

a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section 58-37-4. See Utah Code 58-37-2

Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3

Controlled substance precursor: includes a chemical reagent and means any of the following:

(a)	Phenyl-2-propanone;

(b)	Methylamine;

(c)	Ethylamine;

(d)	D-lysergic acid;

(e)	Ergotamine and its salts;

(f)	Diethyl malonate;

(g)	Malonic acid;

(h)	Ethyl malonate;

(i)	Barbituric acid;

(j)	Piperidine and its salts;

(k)	N-acetylanthranilic acid and its salts;

(l)	Pyrrolidine;

(m)	Phenylacetic acid and its salts;

(n)	Anthranilic acid and its salts;

(o)	Morpholine;

(p)	Ephedrine;

(q)	Pseudoephedrine;

(r)	Norpseudoephedrine;

(s)	Phenylpropanolamine;

(t)	Benzyl cyanide;

(u)	Ergonovine and its salts;

(v)	3,4-Methylenedioxyphenyl-2-propanone;

(w)	propionic anhydride;

(x)	Insosafrole;

(y)

Safrole;

(z)	Piperonal;

(aa)	N-Methylephedrine;

(bb)	N-ethylephedrine;

(cc)	N-methylpseudoephedrine;

(dd)	N-ethylpseudoephedrine;

(ee)	Hydriotic acid;

(ff)	gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);

(gg)	1,4 butanediol;

(hh)	any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);

(ii)	Crystal iodine;

(jj)

Iodine at concentrations greater than 1. See Utah Code 58-37c-3

controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102

Conviction: A judgement of guilt against a criminal defendant.

Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:

(A)	Chapter 37, Utah Controlled Substances Act;

(B)	Chapter 37a, Utah Drug Paraphernalia Act;

(C)	Chapter 37b, Imitation Controlled Substances Act;

(D)	Chapter 37c, Utah Controlled Substance Precursor Act; or

(E)	Chapter 37d, Clandestine Drug Lab Act; or

(ii)

for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:

(A)	Chapter 37, Utah Controlled Substances Act;

(B)	Chapter 37a, Utah Drug Paraphernalia Act;

(C)	Chapter 37b, Imitation Controlled Substances Act;

(D)	Chapter 37c, Utah Controlled Substance Precursor Act; or

(E)

Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Counterfeit opioid: means an opioid or container or labeling of an opioid that:

(i)

(A)

without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and

(B)	a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or

(ii)

(A)	is falsely represented to be any legally or illegally manufactured opioid; and

(B)

a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3

Counterfeit substance: means :

(i)

any controlled substance or container or labeling of any controlled substance that:

(A)

without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and

(B)	a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or

(ii)

any substance other than under Subsection (1)(i)(i) that:

(A)	is falsely represented to be any legally or illegally manufactured controlled substance; and

(B)

a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2

County legislative body: means :Utah Code 68-3-12.5

CPA: means an individual currently licensed by this state or any other state, district, or territory of the United States of America to practice public accountancy or who has been granted a license as a certified public accountant under prior law or this chapter. See Utah Code 58-26a-102

CPA firm: means a qualified business entity holding a valid registration as a Certified Public Accountant firm under this chapter. See Utah Code 58-26a-102

Cross examine: Questioning of a witness by the attorney for the other side.

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2

Department: means the Department of Commerce. See Utah Code 58-37-2

Dependent: A person dependent for support upon another.

Diagnosis: means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. See Utah Code 58-31b-102

Direct supervision: means a veterinarian licensed under this chapter is present and available for face-to-face contact with the patient and person being supervised, at the time the patient is receiving veterinary care. See Utah Code 58-28-102

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2

Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2

Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3

Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2

Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 58-37b-2

Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:

(i)	a direct or indirect transfer of money or other property, other than a corporation's own shares; or

(ii)

incurrence of indebtedness by the corporation. See Utah Code 16-10a-102

Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2

Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2

Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 26B-7-101

Drug: means :

(A)

a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(B)	a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;

(C)	a substance other than food intended to affect the structure or any function of the body of humans or other animals; and

(D)

substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2

Drug paraphernalia: includes :

(a)	kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b)	kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(c)	isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;

(d)	except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;

(e)	scales and balances used, or intended for use, in weighing or measuring a controlled substance;

(f)	diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;

(g)	separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;

(h)	blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;

(i)	capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;

(j)	containers and other objects used, or intended for use to store or conceal a controlled substance;

(k)	hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and

(l)

objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:

(i)	metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii)	water pipes;

(iii)

carburetion tubes and devices;

(iv)	smoking and carburetion masks;

(v)	roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(vi)	miniature cocaine spoons and cocaine vials;

(vii)

chamber pipes;

(viii)

carburetor pipes;

(ix)	electric pipes;

(x)	air-driven pipes;

(xi)

chillums;

(xii)

bongs; and

(xiii)

ice pipes or chillers. See Utah Code 58-37a-3

Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501

Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102

End stage renal disease facility: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201

Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501

Entity: includes :

(a)	a domestic and foreign corporation;

(b)	a nonprofit corporation;

(c)	a limited liability company;

(d)	a profit or nonprofit unincorporated association;

(e)	a business trust;

(f)	an estate;

(g)	a partnership;

(h)

a trust;

(i)	two or more persons having a joint or common economic interest;

(j)

a state;

(k)	the United States; and

(l)

a foreign government. See Utah Code 16-10a-102

Epidemic: means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. See Utah Code 26B-7-201

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

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

Exigent circumstances: means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:

(a)	substantially increases the threat to public safety or health relative to the circumstances in existence when the public health emergency expired;

(b)	poses an imminent threat to public safety or health; and

(c)

was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired. See Utah Code 26B-7-301

Experience: means :

(a)	accounting experience; or

(b)

professional experience. See Utah Code 58-26a-102

Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401

Fiduciary: A trustee, executor, or administrator.

First responder: means :

(a)	a law enforcement officer as defined in Section 53-13-103;

(b)	emergency medical service personnel as defined in Section 26B-4-101;

(c)	firefighters; and

(d)

public health personnel having jurisdiction over the location where an individual subject to restriction is found. See Utah Code 26B-7-301

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Food: means :

(i)	any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and

(ii)

foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2

Food: means :

(a)	a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or

(b)

chewing gum. See Utah Code 26B-7-401

Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401

Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102

Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}

Fraud: Intentional deception resulting in injury to another.

furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3

General acute hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201

General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501

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: includes a person who:Utah Code 68-3-12.5

Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3

Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301

Highway: includes :Utah Code 68-3-12.5

Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2

Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2

Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:

(i)

compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid;

(ii)	conversion of cocaine or methamphetamine to their base forms; or

(iii)

extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3

Imitation controlled substance: means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:

(a)	a controlled substance; or

(b)

represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii). See Utah Code 58-37b-2

Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2

Immediate supervision: means the veterinarian licensed under this chapter is present with the individual being supervised, while the individual is performing the delegated tasks. See Utah Code 58-28-102

Incubation period: means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question. See Utah Code 26B-7-201

Indian: means a member of an Indian tribe. See Utah Code 58-37-2

Indian religion: means any religion:

(i)	the origin and interpretation of which is from within a traditional Indian culture or community; and

(ii)

which is practiced by Indians. See Utah Code 58-37-2

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Indirect supervision: means a veterinarian licensed under this chapter:

(a)	has given either written or verbal instructions for veterinary care of a patient to the person being supervised; and

(b)

is available to the person being supervised by telephone or other electronic means of communication during the period of time in which the veterinary care is given to the patient. See Utah Code 58-28-102

Individual: means :

(a)	a natural person;

(b)	the estate of an incompetent individual; or

(c)

the estate of a deceased individual. See Utah Code 16-10a-102

Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2

Infected individual: means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. See Utah Code 26B-7-201

Infection: means the entry and development or multiplication of an infectious agent in the body of man or animals. See Utah Code 26B-7-201

Infectious agent: means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease. See Utah Code 26B-7-201

Infectious disease: means a disease of man or animals resulting from an infection. See Utah Code 26B-7-201

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5

Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5

Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201

Joint resolution: A legislative measure which requires the approval of both chambers.

Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.

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.

Jurisprudence: The study of law and the structure of the legal system.

Land: includes :Utah Code 68-3-12.5

Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-7-301

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensee: means the holder of a current valid license issued under this chapter. See Utah Code 58-26a-102

Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-102

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501

Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102

Long-term care facility: means any of the following facilities licensed by the Department of Health and Human Services pursuant to 2:

(a)	a nursing care facility;

(b)	a small health care facility;

(c)	an intermediate care facility for people with an intellectual disability;

(d)	an assisted living facility Type I or II; or

(e)

a designated swing bed unit in a general hospital. See Utah Code 58-31b-102

Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2

Manufacture: means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. See Utah Code 58-37b-2

Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2

Manufacturer sealed electronic cigarette product: means :

(a)	an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or

(b)

a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:

(A)

seeds;

(B)	resin extracted from any part of the plant, including the resin extracted from the mature stalks;

(C)	every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;

(D)	any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and

(E)

any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2

Maternal and child health services: means :

(a)

the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this Subsection (2) shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;

(b)	the development, strengthening, and improvement of standards and techniques relating to the services and care;

(c)	the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and

(d)

necessary administrative services connected with Subsections (2)(a), (b), and (c). See Utah Code 26B-7-101

Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3

Medication aide certified: means a certified nurse aide who:

(a)	has a minimum of 2,000 hours experience working as a certified nurse aide;

(b)	has received a minimum of 60 hours of classroom and 40 hours of practical training that is approved by the division in collaboration with the board, in administering routine medications to patients or residents of long-term care facilities; and

(c)

is certified by the division as a medication aide certified. See Utah Code 58-31b-102

Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401

Microenterprise home kitchen permit: means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen. See Utah Code 26B-7-401

Minor: means a person under 18 years old. See Utah Code 26B-7-101

Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(i)	opium, coca leaves, and opiates;

(ii)	a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;

(iii)

opium poppy and poppy straw; or

(iv)

a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2

NASBA: means the National Association of State Boards of Accountancy. See Utah Code 58-26a-102

Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Non-tobacco shisha: means any product that:

(a)	does not contain tobacco or nicotine; and

(b)

is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501

Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2

Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3

Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2

Order of constraint: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-7-201

Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301

Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

PCAOB: means the Public Company Accounting Oversight Board. See Utah Code 58-26a-102

Peer review: means a board approved study, appraisal, or review of one or more aspects of the attest and compilation services rendered by a licensee in the practice of public accounting, performed by a licensee holding an active license in this or another state who is not affiliated with the licensee being reviewed. See Utah Code 58-26a-102

Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2

Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501

Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2

Person: means :Utah Code 68-3-12.5

Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2

Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3

Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2

Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:

(a)	buildings, offices, shops, elevators, or restrooms;

(b)	means of transportation or common carrier waiting rooms;

(c)	restaurants, cafes, or cafeterias;

(d)	taverns as defined in Section 32B-1-102, or cabarets;

(e)	shopping malls, retail stores, grocery stores, or arcades;

(f)	libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;

(g)	barber shops, hair salons, or laundromats;

(h)	sports or fitness facilities;

(i)	common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;

(j)

(i)	any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and

(ii)	any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;

(k)	public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;

(l)	any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families;

(m)	any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;

(n)	any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;

(o)	any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and

(p)

a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2

Practice of nursing: includes :

(a)	initiating and maintaining comfort measures;

(b)	promoting and supporting human functions and responses;

(c)	establishing an environment conducive to well-being;

(d)	providing health counseling and teaching;

(e)	collaborating with health care professionals on aspects of the health care regimen;

(f)	performing delegated procedures only within the education, knowledge, judgment, and skill of the licensee;

(g)	delegating nursing tasks that may be performed by others, including an unlicensed assistive personnel; and

(h)

supervising an individual to whom a task is delegated under Subsection (12)(g) as the individual performs the task. See Utah Code 58-31b-102

Practice of public accounting: means , while holding oneself out as a certified public accountant, offering to perform or performing one or more kinds of services involving the use of auditing or accounting skills, including issuing reports or opinions on financial statements, performing attestation engagements, performing one or more kinds of advisory or consulting services, preparing tax returns, or furnishing advice on tax matters for a client. See Utah Code 58-26a-102

Practice of registered nursing: means performing acts of nursing as provided in this Subsection (14) by an individual licensed under this chapter as a registered nurse within the generally recognized scope of practice of registered nurses as defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102

Practice of veterinary technology: means to perform tasks that are:

(a)	related to the care and treatment of animals;

(b)	delegated by a veterinarian licensed under this chapter;

(c)	performed under the direct or indirect supervision of a veterinarian licensed under this chapter; and

(d)

permitted by administrative rule and performed in accordance with the standards of the profession. See Utah Code 58-28-102

Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2

Practitioner: means a physician, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Prescribe: means to issue a prescription:

(i)	orally or in writing; or

(ii)

by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2

Prescription: means an order issued:

(i)	by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and

(ii)

for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2

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.

Principal place of business: means the office location designated by the licensee for purposes of substantial equivalency and licensure by endorsement. See Utah Code 58-26a-102

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration or mediation; and

(c)

a criminal, administrative, or investigatory action. See Utah Code 16-10a-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2

Proof of age: means :

(i)	a valid identification card issued under 8;

(ii)

a valid identification that:

(A)	is substantially similar to an identification card issued under 8;

(B)	is issued in accordance with the laws of a state other than Utah in which the identification is issued;

(C)	includes date of birth; and

(D)	has a picture affixed;

(iii)

a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;

(iv)

a valid United States military identification card that:

(A)	includes date of birth; and

(B)	has a picture affixed; or

(v)

a valid passport. See Utah Code 26B-7-501

Property: includes both real and personal property. See Utah Code 68-3-12.5

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26B-7-301

Public health official: means :

(a)	the executive director or the executive director's authorized representative; or

(b)

the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301

Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501

Qualified business entity: means a sole proprietorship, corporation, limited liability company, or partnership engaged in the practice of public accountancy. See Utah Code 58-26a-102

Qualified continuing professional education: means a formal program of education that contributes directly to the professional competence of a certified public accountant. See Utah Code 58-26a-102

Qualifying examinations: means :

(a)	the AICPA Uniform CPA Examination;

(b)	the AICPA Examination of Professional Ethics for CPAs;

(c)	the Utah Laws and Rules Examination; and

(d)

any other examination approved by the board and adopted by the division by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-26a-102

Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201

Ready-to-eat: means :

(a)	raw animal food that is cooked;

(b)	raw fruits and vegetables that are washed;

(c)	fruits and vegetables that are cooked for hot holding;

(d)	a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

(e)

a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401

Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:

(a)

the corporation at its:

(i)	registered office in this state; or

(ii)	principal office;

(b)	the secretary of the corporation, wherever the secretary is found; or

(c)

another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102

Registered nurse apprentice: means an individual licensed under Subsection 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the indirect supervision of an individual licensed under:

(a)	Subsection 58-31b-301(2)(c), (e), or (f);

(b)	Chapter 67, Utah Medical Practice Act; or

(c)

Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-31b-102

Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated transaction: means any actual, constructive or attempted:

(a)	transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or

(b)

purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Report: when used with reference to financial statements, means:

(i)

an opinion, report, or other form of language that:

(A)	states or implies assurance as to the reliability of the attested information or compiled financial statements; or

(B)

implies that the person or firm issuing the report has special knowledge or competence in accounting or auditing and specifically includes compilations and reviews; such an implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is a public accountant or auditor, or from the language of the report itself; or

(ii)

any disclaimer of opinion when it is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or language suggesting special competence on the part of the person or firm issuing such language; and the report includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence. See Utah Code 58-26a-102

Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:

(a)	in both number of sales and volume of sales; and

(b)

either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3

Retail tobacco specialty business: means the same as that term is defined:

(a)

as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501

Review of financial statements: means providing a service in accordance with the Statements on Standards for Accounting and Review Services (SSARS) in which the accountant obtains limited assurance as a basis for reporting whether the accountant is aware of any material modifications that should be made to the financial statements for them to be in accordance with the applicable financial reporting framework, primarily through the performance of inquiry and analytical procedures. See Utah Code 58-26a-102

School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201

Shareholder: means :

(i)	the person in whose name a share is registered in the records of a corporation; or

(ii)

the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Smoking: means :

(a)	the possession of any lighted or heated tobacco product in any form;

(b)

inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:

(i)	tobacco or any plant product intended for inhalation;

(ii)	shisha or non-tobacco shisha;

(iii)

nicotine;

(iv)	a natural or synthetic tobacco substitute; or

(v)	a natural or synthetic flavored tobacco product;

(c)	using an electronic cigarette; or

(d)

using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501

Specialty hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201

Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2

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

State: means the state of Utah. See Utah Code 58-37-2

State certification: means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification as a veterinary technician related to the practice of veterinary technology. See Utah Code 58-28-102

State certified: means , when used in conjunction with the occupation of veterinary technician, a title that:

(a)	may be used by a person who has met state certification requirements related to the occupation of veterinary technician as described in this chapter; and

(b)

may not be used by a person who has not met the state certification requirements related to the occupation of veterinary technician as described in this chapter. See Utah Code 58-28-102

Statute: A law passed by a legislature.

Stay-at-home order: means an order of constraint that:

(a)	restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and

(b)

may include exceptions for certain essential tasks. See Utah Code 26B-7-301

Subpoena: A command to a witness to appear and give testimony.

Substantial equivalency: means a determination by the division in collaboration with the board or the board's designee that:

(i)	the education, examination, and experience requirements set forth in the statutes and administrative rules of another state are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act; or

(ii)

an individual CPA's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act. See Utah Code 58-26a-102

Summons: Another word for subpoena used by the criminal justice system.

Tax commission license: means a license issued by the State Tax Commission under:

(a)	Section 59-14-201 to sell a cigarette at retail;

(b)	Section 59-14-301 to sell a tobacco product at retail; or

(c)

Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501

Teeth floating: means the removal of enamel points and the smoothing, contouring, and leveling of dental arcades and incisors of equine and other farm animals. See Utah Code 58-28-102

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3

Threshold amount of a listed precursor chemical: means any amount of a controlled substance precursor or a specified amount of a controlled substance precursor in a matrix; however, the division may exempt from the provisions of this chapter a specific controlled substance precursor in a specific amount and in certain types of transactions which provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-37c-3

Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401

Tobacco product: means :

(a)	a tobacco product as defined in Section 76-10-101; or

(b)

tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501

Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2

Uniform Accountancy Act: means the model public accountancy legislation developed and promulgated by national accounting and regulatory associations that contains standardized definitions and regulations for the practice of public accounting as recognized by the division in collaboration with the board. See Utah Code 58-26a-102

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-501. See Utah Code 58-31b-102

Unlicensed assistive personnel: means any unlicensed individual, regardless of title, who is delegated a task by a licensed nurse as permitted by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession. See Utah Code 58-31b-102

Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-26a-502 and as may be further defined by rule. See Utah Code 58-26a-102

Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-28-502 and may be further defined by rule. See Utah Code 58-28-102

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102

use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

Veterinarian-client-patient relationship: means :

(a)	a veterinarian licensed under this chapter has assumed responsibility for making clinical judgements regarding the health of an animal and the need for medical treatment of an animal, and the client has agreed to follow the veterinarian's instructions;

(b)

the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, including knowledge of the keeping and care of the animal as a result of recent personal examination of the animal or by medically appropriate visits to the premises where the animal is housed; and

(c)

the veterinarian has arranged for emergency coverage for follow-up evaluation in the event of adverse reaction or the failure of the treatment regimen. See Utah Code 58-28-102

Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102

Writing: includes :Utah Code 68-3-12.5