Terms Used In Utah Code > Title 58 > Chapter 4a - Utah Professionals Health Program

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
• 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.
• Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
• 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
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
• Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
• 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: includes a person who:Utah Code 68-3-12.5
• 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
• Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 26B-6-201
• 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 Office: means the Office of Public Guardian. See Utah Code 26B-6-301 Person: means :Utah Code 68-3-12.5 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 Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201 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 Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own financial resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201 Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301