A district court may enjoin or direct a health care decision, or order other equitable relief based on a petition filed by:

(1)  a patient;

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Terms Used In Utah Code 75-2a-120

  • Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
  • Default surrogate: means the adult who may make decisions for an individual when either:
(a) an agent or guardian has not been appointed; or
(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
  • 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
  • Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
  • Health care facility: means :
    (a) a health care facility as defined in 2; and
    (b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103
  • Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
  • (2)  an agent of a patient;

    (3)  a guardian of a patient;

    (4)  a default surrogate of a patient;

    (5)  a health care provider of a patient;

    (6)  a health care facility providing care for a patient; or

    (7)  an individual who meets the requirements of Section 75-2a-108.

    Enacted by Chapter 31, 2007 General Session