Utah Code > Title 26B > Chapter 6 – Long Term Services and Supports, Aging, and Disabilities


Part 1	Aging and Adult Services	26B-6-101 – 26B-6-114
Part 2	Abuse, Neglect, or Exploitation of a Vulnerable Adult	26B-6-201 – 26B-6-219
Part 3	Office of Public Guardian	26B-6-301 – 26B-6-309
Part 4	Division of Services for People with Disabilities	26B-6-401 – 26B-6-413
Part 5	Utah State Developmental Center	26B-6-501 – 26B-6-510
Part 6	Admission to an Intermediate Care Facility for People with an Intellectual Disability	26B-6-601 – 26B-6-613
Part 7	Disability Ombudsman	26B-6-701 – 26B-6-705
Part 8	Rights and Privileges of Minors and Individuals with a Disability	26B-6-801 – 26B-6-821

Terms Used In Utah Code > Title 26B > Chapter 6 - Long Term Services and Supports, Aging, and Disabilities

Abuse: means :

(a)

knowingly or intentionally:

(i)	attempting to cause harm;

(ii)	causing harm; or

(iii)

placing another in fear of harm;

(b)	unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;

(c)	emotional or psychological abuse;

(d)	a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or

(e)

deprivation of life sustaining treatment, or medical or mental health treatment, except:

(i)	as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or

(ii)

when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201

Accredited program: means a degree-offering program from:

(a)	an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or

(b)

a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board. See Utah Code 58-20b-102

Adjudicative proceeding: means :Utah Code 68-3-12.5

Administering: means :

(a)	the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or

(b)

the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102

Administrator: means a person who is charged with the general administration of a health facility, regardless of whether:

(a)	the person has an ownership interest in the facility; or

(b)

the person's functions and duties are shared with one or more persons. See Utah Code 58-15-101

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

Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201

Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201

Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201

Adulterated drug or device: means a drug or device considered adulterated under 21 U. See Utah Code 58-17b-102

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.

aged: means a person 60 years old or older. See Utah Code 26B-6-101

Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102

Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Utah Code 58-9-102

Alkaline hydrolysis container: means a container:

(a)	in which human remains are transported to a funeral service establishment and placed in an alkaline hydrolysis chamber for resomation; and

(b)

that meets substantially all of the following standards:

(i)	able to be closed in order to provide a complete covering for the human remains;

(ii)	resistant to leakage or spillage;

(iii)

rigid enough for handling with ease; and

(iv)

able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102

Allegation: something that someone says happened.

Animal physical therapy: means practicing physical therapy or physiotherapy on an animal. See Utah Code 58-24b-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.

Appraisal: A determination of property value.

Approved esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102

Approved hair designer apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102

Approved master esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102

Approved nail technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(6) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102

Architect: means a person licensed under this chapter as an architect. See Utah Code 58-3a-102

Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101

Area agency on aging: means a public or private nonprofit agency or office designated by the division to:

(a)	operate within a planning and service area of the state; and

(b)

develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101

Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:

(a)	operate within a planning and service area of the state; and

(b)

develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5

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

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102

Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102

Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102

Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.

Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102

Barber instructor: means a barber who is licensed under this chapter to engage in the practice of barbering instruction. See Utah Code 58-11a-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}

Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. See Utah Code 58-9-102

Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102

Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102

Board: means the Health Facility Administrators Licensing Board created in Section 58-15-201. See Utah Code 58-15-101

Board: means the Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102

board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102

Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101

Board: means the Environmental Health Scientist Board created in Section 58-20b-201. See Utah Code 58-20b-102

Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102

Board: means the Utah Physical Therapy Licensing Board, created in Section 58-24b-201. See Utah Code 58-24b-102

Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401

Board: means the Architects Licensing Board created in Section 58-3a-201. See Utah Code 58-3a-102

Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102

Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102

Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401

Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102

Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102

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

Calcination: means a process in which a dead human body is reduced by intense heat to a residue that is not as substantive as the residue that follows cremation. See Utah Code 58-9-102

Cancer drug: means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells. See Utah Code 58-17b-902

Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201

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

Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102

Charitable clinic: means a charitable nonprofit corporation that:

(a)	holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;

(b)	is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

(c)

provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:

(i)

advice;

(ii)	counseling;

(iii)

diagnosis;

(iv)	treatment;

(v)	surgery; or

(vi)	care or services relating to the preservation or maintenance of health; and

(d)

has a licensed outpatient pharmacy. See Utah Code 58-17b-902

Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.

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

Closed-door pharmacy: means a pharmacy that:

(i)	provides pharmaceutical care to a defined and exclusive group of patients who have access to the services of the pharmacy because they are treated by or have an affiliation with a specific entity, including a health maintenance organization or an infusion company; or

(ii)

engages exclusively in the practice of telepharmacy and does not serve walk-in retail customers. See Utah Code 58-17b-102

Collaborative pharmacy practice: means a practice of pharmacy whereby one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical care functions authorized by the practitioner or practitioners under certain specified conditions or limitations. See Utah Code 58-17b-102

Collaborative pharmacy practice agreement: means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients and prevention of disease of human subjects. See Utah Code 58-17b-102

Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 57-29-102

Common interest community: means the same as that term is defined in Section 57-25-102. See Utah Code 57-30-101

Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903

Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701

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

Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701

Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:

(i)	as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;

(ii)	for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or

(iii)

in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102

Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

Consultation by telecommunication: means the provision of expert or professional advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or a health care provider by telecommunication or electronic communication. See Utah Code 58-24b-102

Contact lens: means any lens that:

(a)	has a spherical, cylindrical, or prismatic power or curvature;

(b)	is made pursuant to a current prescription; and

(c)

is intended to be worn on the surface of the eye. See Utah Code 58-16a-102

Contact lens prescription: means a written or verbal order for contact lenses that includes:

(i)	the commencement date of the prescription;

(ii)	the base curve, power, diameter, material or brand name, and expiration date;

(iii)

for a written order, the signature of the prescribing optometrist or physician; and

(iv)

for a verbal order, a record maintained by the recipient of:

(A)	the name of the prescribing optometrist or physician; and

(B)

the date when the prescription was issued or ordered. See Utah Code 58-16a-102

Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that:

(a)	is sent to the prescribing optometrist or physician; and

(b)

seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102

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

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

Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-102

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.

Cosmetic drug: means a prescription drug that:

(i)	is for the purpose of promoting attractiveness or altering the appearance of an individual; and

(ii)

(A)	is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or

(B)

has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office. See Utah Code 58-17b-802

Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102

County health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-902

Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

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}

Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}

Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102

Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102

Cremation chamber: means the enclosed space within which the cremation process takes place and which is used exclusively for the cremation of human remains. See Utah Code 58-9-102

Cremation container: means the container:

(a)	in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and

(b)

that meets substantially all of the following standards:

(i)	composed of readily combustible or consumable materials suitable for cremation;

(ii)	able to be closed in order to provide a complete covering for the human remains;

(iii)

resistant to leakage or spillage;

(iv)	rigid enough for handling with ease; and

(v)

able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102

Crematory: means the building or portion of a building that houses the cremation chamber and the holding facility. See Utah Code 58-9-102

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.

Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201

Decedent: A deceased person.

decontamination: is a s defined in Section 19-6-902. See Utah Code 57-27-102

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

Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102

Dependent: A person dependent for support upon another.

Deteriorating disease: includes :

(a)	multiple sclerosis;

(b)	muscular dystrophy;

(c)	Huntington's chorea;

(d)	Alzheimer's disease;

(e)	ataxia; or

(f)

cancer. See Utah Code 26B-6-401

Developmental center: means the Utah State Developmental Center, established in accordance with 5. See Utah Code 26B-6-401

Direct disposition: means the disposition of a dead human body:

(a)	as quickly as law allows;

(b)	without preparation of the body by embalming; and

(c)

without an attendant funeral service or graveside service. See Utah Code 58-9-102

Direct service worker: means a person who provides services to a person with a disability:

(a)

when the services are rendered in:

(i)	the physical presence of the person with a disability; or

(ii)	a location where the person rendering the services has access to the physical presence of the person with a disability; and

(b)

(i)	under a contract with the division;

(ii)	under a grant agreement with the division; or

(iii)

as an employee of the division. See Utah Code 26B-6-401

Direct supervision: means that the supervisor of an apprentice or the instructor of a student is immediately available for consultation, advice, instruction, and evaluation. See Utah Code 58-11a-102

Director: means the director of the division. See Utah Code 26B-6-101

Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401

Director: means the director of the Division of Real Estate. See Utah Code 57-29-102

Disability: means a severe, chronic disability that:

(i)

is attributable to:

(A)	an intellectual disability;

(B)

a condition that qualifies a person as a person with a related condition, as defined in 42 C. See Utah Code 26B-6-401

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

Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102

Dispensing medical practitioner: means an individual who is:

(a)

currently licensed as:

(i)	a physician and surgeon under Chapter 67, Utah Medical Practice Act;

(ii)	an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;

(iii)

a physician assistant under Chapter 70a, Utah Physician Assistant Act;

(iv)	a nurse practitioner under Chapter 31b, Nurse Practice Act; or

(v)	an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and

(b)

licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102

Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. See Utah Code 58-17b-102

Disposition: means the final disposal of a dead human body by:

(a)	earth interment;

(b)	above ground burial;

(c)	cremation;

(d)	calcination;

(e)	alkaline hydrolysis;

(f)	burial at sea;

(g)	delivery to a medical institution; or

(h)

other lawful means. See Utah Code 58-9-102

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

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102

Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401

Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-29-102

Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1

Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102

Donated prescription drug: means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program. See Utah Code 58-17b-902

Donor: The person who makes a gift.

Drug: means :

(i)

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;

(ii)	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;

(iii)

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

(iv)

substances intended for use as a component of any substance specified in Subsections (26)(a)(i), (ii), (iii), and (iv). See Utah Code 58-17b-102

Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201

Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102

Electrologist instructor: means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction. See Utah Code 58-11a-102

Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102

Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Utah Code 58-17b-102

eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401

Eligible donor: means a donor that donates a prescription drug from within the state and is:

(a)	a nursing care facility;

(b)	an assisted living facility;

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

(d)	a manufacturer;

(e)	a pharmaceutical wholesale distributor;

(f)	an eligible pharmacy; or

(g)

a physician's office. See Utah Code 58-17b-902

Eligible pharmacy: means a pharmacy that:

(a)	is registered by the division as eligible to participate in the program; and

(b)

(i)	is licensed in the state as a Class A retail pharmacy; or

(ii)

is operated by:

(A)

a county;

(B)	a county health department;

(C)	a pharmacy under contract with a county health department;

(D)	the Department of Health and Human Services created in Section 26B-1-201; or

(E)

a charitable clinic. See Utah Code 58-17b-902

Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902

Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102

Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}

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

Employer sponsored clinic: means :

(a)	an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or

(b)

a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program. See Utah Code 58-17b-802

Endorsed program: means a facility or program that:

(a)

is operated:

(i)	by the division; or

(ii)	under contract with the division; or

(b)

provides services to a person committed to the division under 6. See Utah Code 26B-6-401

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Epinephrine auto-injector: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002

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}

Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102

Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-102

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

Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201

Eye and its adnexa: means the human eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lacrimal system. See Utah Code 58-16a-102

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.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

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.

Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102

Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102

Fund: means the Architects Education and Enforcement Fund created in Section 58-3a-103. See Utah Code 58-3a-102

Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body:

(i)

a vault;

(ii)	a casket; or

(iii)

other personal property. See Utah Code 58-9-102

Funeral service: means a service, rite, or ceremony performed:

(a)	with respect to the death of a human; and

(b)

with the body of the deceased present. See Utah Code 58-9-102

Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102

Funeral service establishment: includes :

(i)	all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and

(ii)

a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102

Funeral service intern: means an individual licensed under this chapter who is permitted to:

(a)	assist a funeral service director in the embalming or other preparation of a dead human body for disposition;

(b)	assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and

(c)

perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102

General supervision: means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising. See Utah Code 58-20b-102

General supervision: means supervision and oversight of a person by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the person. See Utah Code 58-24b-102

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Graveside service: means a funeral service held at the location of disposition. See Utah Code 58-9-102

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

Hair braiding: includes the following methods or styles:

(i)	African-style braiding;

(ii)	box braids;

(iii)

cornrows;

(iv)	dreadlocks;

(v)	french braids;

(vi)	invisible braids;

(vii)

micro braids;

(viii)

single braids;

(ix)	single plaits;

(x)

twists;

(xi)	visible braids;

(xii)

the use of lock braids;

(xiii)

the use of decorative beads, accessories, and extensions; and

(xiv)

the use of wefts if applied without the use of glue or tape. See Utah Code 58-11a-102

Hair designer: means a person who is licensed under this chapter to engage in the practice of hair design. See Utah Code 58-11a-102

Hair designer instructor: means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction. See Utah Code 58-11a-102

Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201

Health care: is a s defined in Section 31A-1-301. See Utah Code 58-17b-802

Health facility: means a skilled nursing facility, an intermediate care facility, or an intermediate care facility for individuals with an intellectual disability. See Utah Code 58-15-101

high risk adult: means a person 18 years old or older who experiences a condition:

(a)

that places the person at a high risk of being unable to care for themselves:

(i)	as determined by assessment; and

(ii)	due to the onset of a physical or cognitive impairment or frailty; and

(b)

for which the person is not eligible to receive services under:

(i)

4; or

(ii)

Chapter 5, Health Care -- Substance Use and Mental Health. See Utah Code 26B-6-101

Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under 2. See Utah Code 58-17b-102

Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301

Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-102

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

Informed consent: means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception. See Utah Code 26B-6-801

Injectable weight loss drug: means an injectable prescription drug:

(i)	prescribed to promote weight loss; and

(ii)

listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule. See Utah Code 58-17b-802

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

Institutionalized: means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility. See Utah Code 26B-6-801

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

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Intermediate care facility: means an institution that provides, on a regular basis, health care and services to individuals who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health care and services in addition to room and board. See Utah Code 58-15-101

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 knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by:

(i)

preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;

(ii)	physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or

(iii)

making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See Utah Code 26B-6-201

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

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.

Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 26B-6-201

Land: includes :Utah Code 68-3-12.5

Laser surgery: means surgery in which human tissue is cut, burned, or vaporized by means of laser or ionizing radiation. See Utah Code 58-16a-102

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}

Licensed electrology school: means an electrology school licensed under this chapter. See Utah Code 58-11a-102

Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102

Licensed hair design school: means a hair design school licensed under this chapter. See Utah Code 58-11a-102

Licensed intermediate care facility for people with an intellectual disability: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902

Licensed nail technology school: means a nail technology school licensed under this chapter. See Utah Code 58-11a-102

Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. See Utah Code 58-17b-102

Licensed physical therapist: means a person licensed under this chapter to engage in the practice of physical therapy. See Utah Code 58-24b-102

Licensed physical therapist assistant: means a person licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). See Utah Code 58-24b-102

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

Licensing examination: means a nationally recognized physical therapy examination that is approved by the division, in consultation with the board. See Utah Code 58-24b-102

Lien: A claim against real or personal property in satisfaction of a debt.

Limited support services: means services that are administered by the division to individuals with a disability:

(a)

under a waiver authorized under 42 U. See Utah Code 26B-6-401

Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-1002

Management agreement: means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property. See Utah Code 57-29-102

Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102

Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903

Manufacturing: includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. See Utah Code 58-17b-102

Master esthetician: means an individual who is licensed under this chapter to engage in the practice of master-level esthetics. See Utah Code 58-11a-102

Master lease: means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons. See Utah Code 57-29-102

Master lease tenant: means the lessee in a master lease. See Utah Code 57-29-102

Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-102

Medically indigent individual: means an individual who:

(a)

(i)	does not have health insurance; and

(ii)	lacks reasonable means to purchase prescribed medications; or

(b)

(i)	has health insurance; and

(ii)

lacks reasonable means to pay the insured's portion of the cost of the prescribed medications. See Utah Code 58-17b-902

Medication-assisted treatment drug: means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder. See Utah Code 58-17b-902

Memorial service: means a service, rite, or ceremony performed:

(a)	with respect to the death of a human; and

(b)

without the body of the deceased present. See Utah Code 58-9-102

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.

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102

Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. See Utah Code 58-11a-102

NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102

Neglect: means :

(i)

(A)	failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or

(B)	failure of a caretaker to provide protection from health and safety hazards or maltreatment;

(ii)	failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;

(iii)

a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;

(iv)	knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;

(v)	self-neglect by the vulnerable adult; or

(vi)

abandonment by a caretaker. See Utah Code 26B-6-201

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.

Nonprescription drug: includes homeopathic remedies. See Utah Code 58-17b-102

Nonresident pharmacy: means a pharmacy located outside of Utah that sells to a person in Utah. See Utah Code 58-17b-102

Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102

Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102

Nursing care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902

Oath: includes "affirmation. See Utah Code 68-3-12.5

Oath: A promise to tell the truth.

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.

Office: means the Office of Public Guardian. See Utah Code 26B-6-301

Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701

On-site supervision: means supervision and oversight of a person by a licensed physical therapist or a licensed physical therapist assistant when the licensed physical therapist or licensed physical therapist assistant is:

(a)	continuously present at the facility where the person is providing services;

(b)	immediately available to assist the person; and

(c)

regularly involved in the services being provided by the person. See Utah Code 58-24b-102

Ophthalmic lens: means any lens used to treat the eye and that:

(a)	has a spherical, cylindrical, or prismatic power;

(b)	is made pursuant to an unexpired prescription; and

(c)

is intended to be used in eyeglasses or spectacles. See Utah Code 58-16a-102

Optometric assistant: means an unlicensed individual:

(a)	working under the direct and immediate supervision of a licensed optometrist; and

(b)

engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-102

Out-of-state mail service pharmacy: means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that:

(a)	ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription;

(b)	provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or

(c)

counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. See Utah Code 58-17b-102

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

Owner: includes a shareholder, partner, operator, or other legal entity. See Utah Code 57-27-102

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.

Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. See Utah Code 58-17b-102

Person: means :Utah Code 68-3-12.5

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102

Personal care attendant: means a person who:

(a)

is selected by:

(i)	an aged person;

(ii)	an agent of an aged person;

(iii)

a high risk adult; or

(iv)	an agent of a high risk adult; and

(b)

provides personal services to the:

(i)	aged person described in Subsection (9)(a)(i); or

(ii)

high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101

Personal services: means nonmedical care and support, including assisting a person with:

(a)	meal preparation;

(b)

eating;

(c)

bathing;

(d)

dressing;

(e)	personal hygiene; or

(f)

daily living activities. See Utah Code 26B-6-101

Pharmaceutical administration facility: means a facility, agency, or institution in which:

(a)	prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;

(b)

prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and

(c)

prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. See Utah Code 58-17b-102

Pharmaceutical care: means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:

(i)	designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient's disease;

(ii)	eliminating or reducing a patient's symptoms; or

(iii)

arresting or slowing a disease process. See Utah Code 58-17b-102

Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102

Pharmaceutical wholesaler or distributor: means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. See Utah Code 58-17b-102

Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102

Pharmacist preceptor: means a licensed pharmacist in good standing with one or more years of licensed experience. See Utah Code 58-17b-102

Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. See Utah Code 58-17b-102

Pharmacy: means any place where:

(a)	drugs are dispensed;

(b)	pharmaceutical care is provided;

(c)	drugs are processed or handled for eventual use by a patient; or

(d)

drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102

Pharmacy benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. See Utah Code 58-17b-102

Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102

Pharmacy manager: means :

(a)	a pharmacist-in-charge;

(b)	a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration;

(c)	an individual who manages the facility in which a licensed pharmacy is located;

(d)	an individual who oversees the operations of a licensed pharmacy;

(e)	an immediate supervisor of an individual described in Subsections (54)(a) through (d); or

(f)

another operations or site manager of a licensed pharmacy. See Utah Code 58-17b-102

Pharmacy technician training program: means an approved technician training program providing education for pharmacy technicians. See Utah Code 58-17b-102

Physical disability: means a medically determinable physical impairment that has resulted in the functional loss of two or more of a person's limbs. See Utah Code 26B-6-401

Physical impairment: means :

(a)	a mechanical impairment;

(b)	a physiological impairment;

(c)	a developmental impairment;

(d)	a functional limitation;

(e)	a disability;

(f)	a mobility impairment; or

(g)

a bodily malfunction. See Utah Code 58-24b-102

Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201

Physical therapy aide: means a person who:

(a)	is trained, on-the-job, by a licensed physical therapist; and

(b)

provides routine assistance to a licensed physical therapist or licensed physical therapist assistant, while the licensed physical therapist or licensed physical therapist assistant practices physical therapy, within the scope of the licensed physical therapist's or licensed physical therapist assistant's license. See Utah Code 58-24b-102

Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-17b-1002

physiotherapy: means :

(i)	examining, evaluating, and testing an individual who has a physical impairment or injury;

(ii)	identifying or labeling a physical impairment or injury;

(iii)

formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain;

(iv)	assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury;

(v)	treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention;

(vi)	reducing the risk of an injury or physical impairment;

(vii)

providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes;

(viii)

promoting and maintaining health and fitness;

(ix)	the administration of a prescription drug pursuant to Section 58-24b-403;

(x)	subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; and

(xi)

engaging in administration, consultation, education, and research relating to the practices described in this Subsection (10)(a). See Utah Code 58-24b-102

Plaintiff: The person who files the complaint in a civil lawsuit.

Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101

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.

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Practice as a dispensing medical practitioner: means the practice of pharmacy, specifically relating to the dispensing of a prescription drug in accordance with 8, and division rule adopted after consultation with the Board of pharmacy and the governing boards of the practitioners described in Subsection (23)(a). See Utah Code 58-17b-102

Practice as a licensed pharmacy technician: means engaging in practice as a pharmacy technician under the general supervision of a licensed pharmacist and in accordance with a scope of practice defined by division rule made in collaboration with the board. See Utah Code 58-17b-102

Practice of architecture: means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings:

(i)

planning;

(ii)	facility programming;

(iii)

preliminary studies;

(iv)	preparation of designs, drawings, and specifications;

(v)	preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and

(vi)

administration of construction contracts. See Utah Code 58-3a-102

Practice of barbering: means :

(a)	cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;

(b)	draping, shampooing, scalp treatments, basic wet styling, and blow drying;

(c)	removing hair from the face or neck of a person by the use of shaving equipment; and

(d)

when providing other services described in this Subsection (30), gently massaging the head, back of the neck, and shoulders by manual or mechanical means. See Utah Code 58-11a-102

Practice of barbering instruction: means teaching the practice of barbering at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber apprenticeship. See Utah Code 58-11a-102

Practice of basic esthetics: means any one of the following skin care procedures done on the body for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:

(a)

cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous removal by buffing or filing;

(b)	limited chemical exfoliation as defined by rule;

(c)	removing superfluous hair by means other than electrolysis, except that an individual is not required to be licensed as an esthetician to engage in the practice of threading;

(d)	other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments;

(e)	arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying eyelash or eyebrow extensions; or

(f)

except as provided in Subsection (32)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:

(i)	superfluous hair removal which shall be under indirect supervision;

(ii)	anti-aging resurfacing enhancements;

(iii)

photo rejuvenation; or

(iv)

tattoo removal. See Utah Code 58-11a-102

Practice of electrology: means :

(a)	the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or

(b)

cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal. See Utah Code 58-11a-102

Practice of electrology instruction: means teaching the practice of electrology at a licensed electrology school. See Utah Code 58-11a-102

Practice of environmental health science: means :

(a)

the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas:

(i)	air quality;

(ii)	food safety;

(iii)

solid, hazardous, and toxic substances disposal;

(iv)	consumer product safety;

(v)

housing;

(vi)	noise control;

(vii)

radiation protection;

(viii)

water quality;

(ix)	vector control;

(x)	drinking water quality;

(xi)	milk sanitation;

(xii)

rabies control;

(xiii)

public health nuisances;

(xiv)

indoor clean air regulations;

(xv)	institutional and residential sanitation; or

(xvi)

recreational facilities sanitation; or

(b)

representing oneself in any manner as, or using the titles "environmental health scientist" "environmental health scientist-in-training" or "registered sanitarian. See Utah Code 58-20b-102

Practice of esthetics instruction: means teaching the practice of basic esthetics or the practice of master-level esthetics:

(a)	at a licensed esthetics school or a licensed cosmetology/barber school; or

(b)

for an approved esthetician apprenticeship or an approved master esthetician apprenticeship. See Utah Code 58-11a-102

Practice of funeral service: means :

(a)

supervising the receipt of custody and transportation of a dead human body to prepare the body for:

(i)	disposition; or

(ii)	shipment to another location;

(b)	entering into a contract with a person to provide professional services regulated under this chapter;

(c)	embalming or otherwise preparing a dead human body for disposition;

(d)

supervising the arrangement or conduct of:

(i)	a funeral service;

(ii)	a graveside service; or

(iii)

a memorial service;

(e)	cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains;

(f)

supervising the arrangement of:

(i)	a disposition; or

(ii)	a direct disposition;

(g)

facilitating:

(i)	a disposition; or

(ii)	a direct disposition;

(h)	supervising the sale of funeral merchandise by a funeral establishment;

(i)	managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;

(j)	supervising the sale of a preneed funeral arrangement; and

(k)

contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102

Practice of hair design: means :

(a)	styling, arranging, dressing, curling, waving, permanent waving, cleansing, singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a person;

(b)	barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;

(c)	cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or

(d)

practicing hair weaving, hair fusing, or servicing previously medically implanted hair. See Utah Code 58-11a-102

Practice of hair design instruction: means teaching the practice of hair design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed barber school. See Utah Code 58-11a-102

practice of master-level esthetics: includes the practice of esthetics, but an individual is not required to be licensed as an esthetician or master-level esthetician to engage in the practice of threading. See Utah Code 58-11a-102

Practice of nail technology: means to trim, cut, clean, manicure, shape, massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the application and removal of sculptured or artificial nails. See Utah Code 58-11a-102

Practice of nail technology instruction: means teaching the practice of nail technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for an approved nail technician apprenticeship. See Utah Code 58-11a-102

Practice of pharmacy: includes the following:

(a)	providing pharmaceutical care;

(b)	collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;

(c)

compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:

(i)	pursuant to a lawful order of a practitioner when one is required by law; and

(ii)

in accordance with written guidelines or protocols:

(A)	established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or

(B)	approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;

(d)	participating in drug utilization review;

(e)	ensuring proper and safe storage of drugs and devices;

(f)	maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;

(g)	providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;

(h)	providing drug product equivalents;

(i)	supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;

(j)	providing patient counseling, including adverse and therapeutic effects of drugs;

(k)	providing emergency refills as defined by rule;

(l)	telepharmacy;

(m)	formulary management intervention;

(n)	prescribing and dispensing a self-administered hormonal contraceptive in accordance with 5; and

(o)

issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102

Practice of podiatry: means the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions by all appropriate and lawful means, subject to Section 58-5a-103. See Utah Code 58-5a-102

practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102

practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:

(i)

buildings and other structures representing a substantial hazard to human life, which include:

(A)	buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;

(B)	buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;

(C)	buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;

(D)	health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;

(E)	jails and detention facilities with a gross area greater than 3,000 square feet; and

(F)	buildings and other structures with an occupant load greater than 5,000;

(ii)

buildings and other structures designated as essential facilities, including:

(A)	hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;

(B)	fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;

(C)	designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;

(D)	designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;

(E)	power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;

(F)	structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and

(G)	aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and

(iii)

buildings and other structures requiring special consideration, including:

(A)	structures or buildings that are normally occupied by human beings and are five stories or more in height;

(B)	structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and

(C)

buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102

Practice of telepharmacy: means the practice of pharmacy through the use of telecommunications and information technologies. See Utah Code 58-17b-102

Practice of telepharmacy across state lines: means the practice of pharmacy through the use of telecommunications and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction. See Utah Code 58-17b-102

Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102

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.

Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:

(i)

goods;

(ii)

services, including:

(A)	embalming services; and

(B)	funeral directing services;

(iii)

real property; or

(iv)

personal property, including:

(A)

a casket;

(B)	another primary container;

(C)	a cremation, alkaline hydrolysis, or transportation container;

(D)	an outer burial container;

(E)

a vault;

(F)	a grave liner;

(G)	funeral clothing and accessories;

(H)	a monument;

(I)	a grave marker; and

(J)

a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102

Prepackaged drug: means a prescription drug that:

(a)	is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and

(b)

is packaged in a fixed quantity per package by:

(i)	the drug manufacturer;

(ii)	a pharmaceutical wholesaler or distributor; or

(iii)

a pharmacy licensed under this title. See Utah Code 58-17b-802

Prescribe: means to issue a prescription:

(a)	orally or in writing; or