Terms Used In Utah Code > Title 26B > Chapter 2 > Part 2 - Health Care Facility Licensing and Inspection

• Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
• Activities of daily living: means essential activities including:

  (a)

  dressing;

  (b)

  eating;

  (c)

  grooming;

  (d)

  bathing;

  (e)	toileting;

  (f)	ambulation;

  (g)	transferring; and

  (h)

  self-administration of medication. See Utah Code 26B-2-201 Adjudicative proceeding: means :Utah Code 68-3-12.5 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Aggregator: means any person or entity that: (i)  is not a telecommunications corporation; (ii)  in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and (iii)  receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. See Utah Code 54-8b-2 Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201 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. 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. Arrest: Taking physical custody of a person by lawful authority. Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3 Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201 Assisted living facility: means : (i)  a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (A)  require protected living arrangements; and (B)  are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (ii)  a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201 Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2 Basic residential service: means a local exchange service for a residential customer consisting of: (a)  a single line with access to the public switched network; (b)  touch-tone or the functional equivalent; (c)  local flat-rate unlimited usage, exclusive of extended area service; (d)  single-party service; (e)  a free phone number listing in directories received for free; (f)  access to operator services; (g)  access to directory assistance; (h)  access to lifeline and telephone relay assistance; (i)  access to 911 and E911 emergency services; (j)  access to long-distance carriers; (k)  access to toll limitations services; (l)  other services as may be determined by the commission; and (m)  no feature. See Utah Code 54-8b-2 Birthing center: means a facility that: (a)  receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and (b)  (i)  is freestanding; or (ii)  is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201 Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2 Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the Public Service Commission. See Utah Code 54-2-1 Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201 Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201 Contract: A legal written agreement that becomes binding when signed. conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3 Conviction: A judgement of guilt against a criminal defendant. 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. Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2 Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3 Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2 End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201 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. excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives. See Utah Code 54-8a-2 Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2 Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2 Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2 Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201 General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201 Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3 Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201 Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201 Health maintenance organization: means an organization, organized under the laws of any state which: (a)  is a qualified health maintenance organization under 42 U. See Utah Code 26B-2-201 Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201 Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201 Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2 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 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. 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 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2 Location: means the site of a proposed area of excavation described: (a)  (i)  by street address, if available; (ii)  by the area at that street address to be excavated; and (iii)  as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or (b)  if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2 Location request assignment: means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator. See Utah Code 54-8a-2 long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2 Mobile telecommunications service: means a mobile telecommunications service: (a)  that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 54-8b-2 New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2 Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services: (a)  a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services; (b)  a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or (c)  a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2 Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2 Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2 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. Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201 Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual, government entity, corporation, partnership, association, or company; and (b)  the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a). See Utah Code 54-8a-2 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. Point of delivery: means : (a)  a meter, for electric facilities; or (b)  a network interface device, for communication facilities. See Utah Code 54-8-3 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public switched network: means the same as that term is defined in 47 C. See Utah Code 54-8b-2 Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 54-8b-2 Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1 Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3 Quorum: The number of legislators that must be present to do business. Resident: means a person 21 years old or older who: (a)  as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and (b)  does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201 Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3 Road: includes :Utah Code 68-3-12.5 Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3 Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. See Utah Code 54-8a-2 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201 Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201 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 Substantial compliance: means in a department survey of a licensee, the department determines there is an absence of deficiencies which would harm the physical health, mental health, safety, or welfare of patients or residents of a licensee. See Utah Code 26B-2-201 Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2 Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1 Total service long-run incremental cost: means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. See Utah Code 54-8b-2 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Underground facility: means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following: (a)  water; (b)  sewage, including sewer laterals; (c)  communications, including electronic, photonic, telephonic, or telegraphic communications; (d)  television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming; (e)  electric power; (f)  oil, gas, or other fluid and gaseous substances; (g)  steam; (h)  slurry; or (i)  dangerous materials or products. See Utah Code 54-8a-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5