Utah Code > Title 26B > Chapter 8 – Health Data, Vital Statistics, and Utah Medical Examiner


Part 1	Vital Statistics	26B-8-101 – 26B-8-134
Part 2	Utah Medical Examiner	26B-8-201 – 26B-8-232
Part 3	Revised Uniform Anatomical Gift Act	26B-8-301 – 26B-8-324
Part 4	Health Statistics	26B-8-401 – 26B-8-411
Part 5	Utah Health Data Authority	26B-8-501 – 26B-8-514

Terms Used In Utah Code > Title 26B > Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner

Adequate records: means legible records that contain, at a minimum:

(a)	the athletic training service plan or protocol;

(b)	an evaluation of objective findings;

(c)	the plan of care and the treatment records; or

(d)

written orders. See Utah Code 58-40a-102

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

Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102

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

Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101

Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.

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

Agent: means an individual:

(a)	authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(b)

expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301

alarm company: means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b). See Utah Code 58-55-102

Alarm company officer: means :

(a)	a governing person, as defined in Section 48-3a-102, of an alarm company;

(b)	an individual appointed as an officer of an alarm company that is a corporation in accordance with Section 16-10a-830;

(c)	a general partner, as defined in Section 48-2e-102, of an alarm company; or

(d)

a partner, as defined in Section 48-1d-102, of an alarm company. See Utah Code 58-55-102

Alarm company owner: means :

(a)

a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:

(i)	is a corporation; and

(ii)	is not publicly listed or traded; or

(b)

an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation. See Utah Code 58-55-102

Alarm company proprietor: means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. See Utah Code 58-55-102

Alarm company trustee: means an individual with control of or power of administration over property held in trust. See Utah Code 58-55-102

Alarm system: includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises. See Utah Code 58-55-102

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.

Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

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.

Apprentice electrician: means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician. See Utah Code 58-55-102

Apprentice plumber: means a person licensed under this chapter as an apprentice plumber who is learning the plumbing trade under the immediate supervision of a master plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber. See Utah Code 58-55-102

Approved: means approval by the division in collaboration with the board when used to refer to a licensing requirement. See Utah Code 58-40-102

Approved continuing education: means instruction provided through courses under a program established under Subsection 58-55-302. See Utah Code 58-55-102

Approved prelicensure course provider: means a provider that is the Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and Contractors, or the Utah Home Builders Association, and that meets the requirements established by rule by the commission with the concurrence of the director, to teach the 25-hour course described in Subsection 58-55-302(1)(e)(iii). See Utah Code 58-55-102

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

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

ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2

Assessment: includes :

(i)	a record review;

(ii)	the implementation of standardized and non-standardized instruments, tests, and measurements; and

(iii)

the skilled observation and interview of a person. See Utah Code 58-40-102

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

Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2

Athlete: means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization. See Utah Code 58-40a-102

Athletic trainer: means an individual who is licensed under this chapter and carries out the practice of athletic training. See Utah Code 58-40a-102

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2

Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2

Audiology aide: means an individual who:

(a)

meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2

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}

Biological sex at birth: means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101

Board: means the Board of Recreational Therapy created in Section 58-40-201. See Utah Code 58-40-102

Board: means the Athletic Trainers Licensing Board created in Section 58-40a-201. See Utah Code 58-40a-102

Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102

Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2

Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-102

Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2

Board: means the Board of Massage Therapy created in Section 58-47b-201. See Utah Code 58-47b-102

Board: means the Landscape Architects Board created in Section 58-53-201. See Utah Code 58-53-102

Board: means the Radiologic Technologist Licensing Board established under this chapter. See Utah Code 58-54-102

Board: means the Electrician Licensing Board, Alarm System Security and Licensing Board, or Plumbers Licensing Board created in Section 58-55-201. See Utah Code 58-55-102

Board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-37f-102

Breast: means the female mammary gland and does not include the muscles, connective tissue, or other soft tissue of the upper chest. See Utah Code 58-47b-102

Business associate: is a s defined under the HIPAA privacy, security, and breach notification rules in 45 C. See Utah Code 58-37f-102

CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2

Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2

Certified nurse midwife: means an individual who:

(a)	is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and

(b)

has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101

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

Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Combustion system: means an assembly consisting of:

(a)	piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;

(b)	the electric control and combustion air supply and venting systems, including air ducts; and

(c)

components intended to achieve control of quantity, flow, and pressure. See Utah Code 58-55-102

Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102

Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2

Committee: means the Health Data Committee created in Section 26B-1-413. See Utah Code 26B-8-501

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

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

Construction trade: means any trade or occupation involving:

(a)

(i)	construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and

(ii)	constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or

(b)

installation or repair of a residential or commercial natural gas appliance or combustion system. See Utah Code 58-55-102

Construction trades instructor: means a person licensed under this chapter to teach one or more construction trades in both a classroom and project environment, where a project is intended for sale to or use by the public and is completed under the direction of the instructor, who has no economic interest in the project. See Utah Code 58-55-102

Consultation and Referral Plan: means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. See Utah Code 58-44a-102

Consulting physician: means a physician and surgeon or osteopathic physician:

(a)	with an unrestricted license as a physician;

(b)	qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and

(c)

who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102

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

Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:

(i)	a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;

(ii)	any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;

(iii)

any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";

(iv)	any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or

(v)

a construction manager, construction consultant, construction assistant, or any other person who, for a fee:

(A)	performs or offers to perform construction consulting;

(B)	performs or offers to perform management of construction subcontractors;

(C)	provides or offers to provide a list of subcontractors or suppliers; or

(D)

provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102

Control number: means a number assigned by the committee to an individual's health data as an identifier so that the health data can be disclosed or used in research and statistical analysis without readily identifying the individual. See Utah Code 26B-8-501

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.

County executive: means :Utah Code 68-3-12.5

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

Court: means the particular court that orders probation in a case. See Utah Code 58-50-2

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}

Critical access hospital: means a hospital in a rural or medically underserved area that is recognized by the Centers for Medicare and Medicaid Services as meeting the conditions of participation specified in 42 C. See Utah Code 58-54-102

Custodial funeral service director: means a funeral service director who:

(a)	is employed by a licensed funeral establishment; and

(b)

has custody of a dead body. See Utah Code 26B-8-101

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

Data supplier: means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this part. See Utah Code 26B-8-501

Database: means the controlled substance database created in Section 58-37f-201. See Utah Code 58-37f-102

De-identified: is a s defined in 45 C. See Utah Code 58-37f-102

Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101

Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201

Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):

(a)	of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and

(b)

that was not born alive. See Utah Code 26B-8-101

Decedent: means the same as a dead body. See Utah Code 26B-8-101

Decedent: means :

(a)	a deceased individual whose body or part is or may be the source of an anatomical gift; and

(b)

includes:

(i)	a stillborn infant; and

(ii)

subject to restrictions imposed by law other than this part, a fetus. See Utah Code 26B-8-301

Decedent: A deceased person.

Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 26B-8-101

Deed: The legal instrument used to transfer title in real property from one person to another.

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

Defense attorney: Represent defendants in criminal matters.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Dietetics: includes :

(a)	the evaluation of a person's dietary status;

(b)	the advising and education of persons on dietary needs; and

(c)

the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2

Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-102

Directing physician: means a physician and surgeon licensed under Section 58-67-301, an osteopathic physician and surgeon licensed under Section 58-68-301, a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by board rule. See Utah Code 58-40a-102

disclose: means the communication of health care data to any individual or organization outside the committee, its staff, and contracting agencies. See Utah Code 26B-8-501

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

Disinterested witness: means :

(i)	a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

(ii)

another adult who exhibited special care and concern for the individual. See Utah Code 26B-8-301

Disorder: means the condition of decreased, absent, or impaired auditory, speech, voice, or language function. See Utah Code 58-41-2

Dispositioner: means :

(a)	a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or

(b)

the next of kin of the decedent, if:

(i)

(A)	a person has not been designated as described in Subsection (9)(a); or

(B)	the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and

(ii)

the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101

Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26B-8-301

domestic corporation: means a corporation for profit that:

(a)	is not a foreign corporation; and

(b)

is incorporated under or subject to this chapter. See Utah Code 16-10a-102

Donor: The person who makes a gift.

Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26B-8-301

Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26B-8-301

Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26B-8-301

Electrical trade: means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances. See Utah Code 58-55-102

Elevator: means the same as that term is defined in Section 34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift. See Utah Code 58-55-102

Elevator contractor: means a sole proprietor, firm, or corporation licensed under this chapter that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator. See Utah Code 58-55-102

Elevator mechanic: means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor. See Utah Code 58-55-102

Employee: means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services. See Utah Code 58-55-102

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

Engage in a construction trade: means to:

(a)	engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or

(b)

use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor. See Utah Code 58-55-102

Entity: includes :

(a)	a domestic and foreign corporation;

(b)	a nonprofit corporation;

(c)	a limited liability company;

(d)	a profit or nonprofit unincorporated association;

(e)	a business trust;

(f)	an estate;

(g)	a partnership;

(h)

a trust;

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

(j)

a state;

(k)	the United States; and

(l)

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

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}

Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}

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

Executor: A male person named in a will to carry out the decedent

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

Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 26B-8-301

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Fetal remains: means :

(a)	an aborted fetus as that term is defined in Section 26B-2-232; or

(b)

a miscarried fetus as that term is defined in Section 26B-2-233. See Utah Code 26B-8-101

Fiduciary: A trustee, executor, or administrator.

File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101

Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. See Utah Code 58-55-102

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.

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

Fraud: Intentional deception resulting in injury to another.

Fund: means the Landscape Architects Education and Enforcement Fund created in Section 58-53-103. See Utah Code 58-53-102

Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101

Gas appliance: means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. See Utah Code 58-55-102

General building contractor: means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee. See Utah Code 58-55-102

General electrical contractor: means a person licensed under this chapter as a general electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses electrical energy. See Utah Code 58-55-102

General engineering contractor: means a person licensed under this chapter as a general engineering contractor qualified by education, training, experience, and knowledge to perform or superintend construction of fixed works or components of fixed works requiring specialized engineering knowledge and skill in any of the following:

(i)	irrigation;

(ii)

drainage;

(iii)

water power;

(iv)	water supply;

(v)	flood control;

(vi)	an inland waterway;

(vii)

a harbor;

(viii)

a railroad;

(ix)	a highway;

(x)

a tunnel;

(xi)	an airport;

(xii)

an airport runway;

(xiii)

a sewer;

(xiv)

a bridge;

(xv)	a refinery;

(xvi)

a pipeline;

(xvii)

a chemical plant;

(xviii)

an industrial plant;

(xix)

a pier;

(xx)	a foundation;

(xxi)

a power plant; or

(xxii)

a utility plant or installation. See Utah Code 58-55-102

General plumbing contractor: means a person licensed under this chapter as a general plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and industrial purposes. See Utah Code 58-55-102

General supervision: means the supervising radiologist is available to provide immediate communication with the supervised person and is aware of the procedure before it is performed. See Utah Code 58-54-102

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

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

Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101

Health care facility: means a facility that is licensed by the department under 2. See Utah Code 26B-8-501

Health care facility: is a s defined in Section 26B-2-201. See Utah Code 58-37f-102

Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101

Health care professional: means any of the following while acting in a professional capacity:

(a)	a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(b)	a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or

(c)

an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e). See Utah Code 26B-8-201

Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-8-501

Health data: means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services. See Utah Code 26B-8-401

Health data: means information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26B-8-101 shall be excluded. See Utah Code 26B-8-501

Health maintenance organization: means the same as that term is defined in Section 31A-8-101. See Utah Code 26B-8-501

hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-102

Hearing aid dealer: means one who sells, repairs, and adjusts hearing aids. See Utah Code 58-41-2

Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102

Highway: includes :Utah Code 68-3-12.5

Homeostasis: means maintaining, stabilizing, or returning to equilibrium the muscular system. See Utah Code 58-47b-102

Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 26B-8-301

Identifiable health data: means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable. See Utah Code 26B-8-401

Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 26B-8-501

Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26B-8-301

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

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

Immediate relative: means an individual's spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 26B-8-201

Immediate supervision: means reasonable direction, oversight, inspection, and evaluation of the work of a person:

(a)	as the division specifies in rule;

(b)	by, as applicable, a qualified electrician or plumber;

(c)	as part of a planned program of training; and

(d)

to ensure that the end result complies with applicable standards. See Utah Code 58-55-102

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102

Indirect supervision: means the supervising radiologist:

(a)	has given either written or verbal instructions to the person being supervised;

(b)	is present in the facility in which the person being supervised is providing services; and

(c)

is available to provide immediate face-to-face communications with the person being supervised. See Utah Code 58-54-102

Individual: means a natural person. See Utah Code 58-44a-102

Individual: means a natural person. See Utah Code 26B-8-401

Individual: means a natural person. See Utah Code 58-55-102

Individual: means :

(a)	a natural person;

(b)	the estate of an incompetent individual; or

(c)

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

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

Individual treatment plan: includes :

(i)	planning and directing specific exercises and programs to improve sensory integration and motor functioning at the level of performance neurologically appropriate for the individual's stage of development;

(ii)	establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning;

(iii)

analyzing, selecting, and adapting functional exercises to achieve and maintain the client's optimal functioning in activities of daily living and to prevent further disability; and

(iv)

planning and directing specific programs to evaluate and enhance perceptual, motor, and cognitive skills. See Utah Code 58-42a-102

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

Intersex individual: means an individual who:

(a)	is born with external biological sex characteristics that are irresolvably ambiguous;

(b)	is born with 46, XX chromosomes with virilization;

(c)	is born with 46, XY chromosomes with undervirilization;

(d)	has both ovarian and testicular tissue; or

(e)

has been diagnosed by a physician, based on genetic or biochemical testing, with
abnormal:

(i)	sex chromosome structure;

(ii)	sex steroid hormone production; or

(iii)

sex steroid hormone action for a male or female. See Utah Code 26B-8-101

Intestate: Dying without leaving a will.

Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102

Journeyman plumber: means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade. See Utah Code 58-55-102

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.

Know: means to have actual knowledge. See Utah Code 26B-8-301

Land: includes :Utah Code 68-3-12.5

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

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

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

Licensed audiologist: means any individual to whom a license has been issued under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2

licensed contractor: means a person licensed under this chapter. See Utah Code 58-55-701

Licensed funeral establishment: means :

(a)	if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or

(b)

if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 26B-8-101

Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2

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.

Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 26B-8-101

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

Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101

Massage apprentice: means an individual licensed under this chapter as a massage apprentice. See Utah Code 58-47b-102

Massage assistant: means an individual licensed under this chapter as a massage assistant. See Utah Code 58-47b-102

Massage assistant in-training: means an individual licensed under this chapter as a massage assistant in-training. See Utah Code 58-47b-102

Massage therapist: means an individual licensed under this chapter as a massage therapist. See Utah Code 58-47b-102

Massage therapy supervisor: means :

(a)	a massage therapist who has at least three years of experience as a massage therapist and has engaged in the lawful practice of massage therapy for at least 3,000 hours;

(b)	a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;

(c)	a physician licensed under Chapter 67, Utah Medical Practice Act;

(d)	an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act;

(e)	an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or

(f)

a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act. See Utah Code 58-47b-102

Master electrician: means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102

Master plumber: means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade. See Utah Code 58-55-102

Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201

Medical examiner record: means :

(a)	all information that the medical examiner obtains regarding a decedent; and

(b)

reports that the medical examiner makes regarding a decedent. See Utah Code 26B-8-201

Mental health therapist: is a s defined in Section 58-60-102. See Utah Code 58-37f-102

Minor: means an individual who is under 18 years of age. See Utah Code 26B-8-301

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.

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.

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

Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102

Nurse practitioner: means an individual who:

(a)	is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and

(b)

has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101

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.

Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102

Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. See Utah Code 58-42a-102

Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102

Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101

Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 26B-8-301

Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these. See Utah Code 26B-8-401

Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 26B-8-501

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

Parent: means a parent whose parental rights have not been terminated. See Utah Code 26B-8-301

Part: means an organ, an eye, or tissue of a human being. See Utah Code 26B-8-301

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.

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

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

Person: means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2

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 26B-8-301

Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102

Person: means :Utah Code 68-3-12.5

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102

Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101

Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301

Physician assistant: means an individual who:

(a)	is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and

(b)

Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Utah Code 58-37e-2

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

Plan: means the plan developed and adopted by the Health Data Committee under Section 26B-1-413. See Utah Code 26B-8-501

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

Plumbing trade: includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building. See Utah Code 58-55-102

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 certified nurse midwife: means :

(a)	practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee;

(b)

practice of nursing within the generally recognized scope and standards of nurse midwifery as defined by rule and consistent with professionally recognized preparations and educational standards of a certified nurse midwife by a person licensed under this chapter, which practice includes:

(i)	having a safe mechanism for obtaining medical consultation, collaboration, and referral with one or more consulting physicians who have agreed to consult, collaborate, and receive referrals, but who are not required to sign a written document regarding the agreement;

(ii)	providing a patient with information regarding other health care providers and health care services and referral to other health care providers and health care services when requested or when care is not within the scope of practice of a certified nurse midwife; and

(iii)

maintaining written documentation of the parameters of service for independent and collaborative midwifery management and transfer of care when needed; and

(c)

the authority to:

(i)	elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient;

(ii)

assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate;

(iii)

diagnose, plan, and implement appropriate patient care, including the administration and prescribing of:

(A)	prescription drugs;

(B)	schedule IV-V controlled substances; and

(C)	schedule II-III controlled substances in accordance with a consultation and referral plan;

(iv)	evaluate the results of patient care;

(v)	consult as is appropriate regarding patient care and the results of patient care;

(vi)

manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia;

(vii)

manage the postpartum period;

(viii)

provide gynecological services;

(ix)	provide noncomplicated newborn and infant care to the age of one year; and

(x)

represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102

Practice of a hearing instrument specialist: means :

(a)	establishing a place of business to practice as a hearing instrument specialist;

(b)

testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;

(c)	providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;

(d)	prescribing an appropriate hearing instrument;

(e)	making impressions or earmolds for the fitting of a hearing instrument;

(f)	sale and professional placement of the hearing instrument on a patient;

(g)	evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;

(h)	necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or

(i)

instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102

practice of athletic training: means the application by a licensed and certified athletic trainer of principles and methods of:

(a)	prevention of athletic injuries;

(b)	recognition, evaluation, and assessment of athletic injuries and conditions;

(c)	immediate care of athletic injuries, including common emergency medical situations;

(d)	rehabilitation and reconditioning of athletic injuries;

(e)	athletic training services administration and organization; and

(f)

education of athletes. See Utah Code 58-40a-102

Practice of landscape architecture: means rendering or offering to render any of the following services:

(a)

production of a site plan which may include the design of any of the following:

(i)	sprinkler irrigation systems;

(ii)	landscape grading and drainage plans; or

(iii)

parking lots;

(b)

design of any of the following structures incidental to the production of a site plan:

(i)	retaining walls; or

(ii)	raised platforms, decks, and walkways;

(c)

design of any of the following structures incidental to the production of a site plan when the structure does not exceed 1,000 square feet:

(i)	covered pavilions;

(ii)

gazebos;

(iii)

restrooms;

(iv)	storage and maintenance facilities; or

(v)	other accessory structures; or

(d)

collaboration with architects and professional engineers in the design of roads, bridges, buildings, and structures with respect to the functional and aesthetic requirements of the area in which they are to be placed. See Utah Code 58-53-102

Practice of limited massage therapy: means :

(i)

the systematic manual manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, relaxation, or achieving homeostasis;

(ii)	seated chair massage;

(iii)

the use of body wraps;

(iv)	aromatherapy;

(v)	reflexology; or

(vi)

in connection with an activity described in this Subsection (9), the use of:

(A)	the hands;

(B)

a towel;

(C)

a stone;

(D)

a shell;

(E)	a bamboo stick; or

(F)

an herbal ball compress. See Utah Code 58-47b-102

Practice of massage therapy: means :

(a)	the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis;

(b)

the systematic manual or mechanical manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose;

(c)	the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10);

(d)	the use of rehabilitative procedures involving the soft tissue of the body;

(e)	range of motion or movements without spinal adjustment as set forth in Section 58-73-102;

(f)	the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths;

(g)	manual traction and stretching exercise;

(h)	correction of muscular distortion by treatment of the soft tissues of the body;

(i)	counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain;

(j)	activities and modality techniques similar or related to the activities and techniques described in this Subsection (10);

(k)

a practice described in this Subsection (10) on an animal to the extent permitted by:

(i)	Subsection 58-28-307(12);

(ii)	the provisions of this chapter; and

(iii)

division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

(l)

providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact. See Utah Code 58-47b-102

Practice of occupational therapy: includes :

(i)	establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual;

(ii)	modifying or adapting an activity or environment to enhance an individual's performance;

(iii)

maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities;

(iv)	promoting health and wellness to develop or improve an individual's performance in everyday life activities;

(v)	performance-barrier prevention for an individual, including disability prevention;

(vi)

evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including:

(A)	body functions and structures;

(B)	habits, routines, roles, and behavioral patterns;

(C)	cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and

(D)	motor, process, communication, interaction, and other performance skills;

(vii)

providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including:

(A)	the therapeutic use of occupations and exercises;

(B)	training in self-care, self-management, home-management, and community and work reintegration;

(C)	the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions;

(D)	the education and training of an individual's family members and caregivers;

(E)	care coordination, case management, and transition services;

(F)	providing consulting services to groups, programs, organizations, or communities,

(G)	modifying the environment and adapting processes, including the application of ergonomic principles;

(H)	assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices;

(I)	assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management;

(J)	driver rehabilitation and community mobility;

(K)	enhancing eating and feeding performance; and

(L)

applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102

Practice of radiologic technology: means using radiation from a radioactive substance, radiology equipment, or any other source, in amounts beyond normal background levels, for diagnostic or therapeutic purposes on humans. See Utah Code 58-54-102

Practice of recreational therapy: means to engage in the paid performance of providing recreational therapy services according to the therapeutic recreation process to a person with an emotional, social, intellectual, or physical pathology. See Utah Code 58-40-102

Practice of speech-language pathology: means rendering, prescribing, or offering to render to individuals, groups, agencies, organizations, industries or the public any service in speech-language pathology. See Utah Code 58-41-2

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.

Prescription: means a written or oral order for the delivery or execution of that which has been prescribed. See Utah Code 58-41-2

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Presumed father: means the father of a child conceived or born during a marriage as defined in Section 30-1-17. See Utah Code 26B-8-101

Principal: means a licensed landscape architect having responsible charge of a landscape architectural practice. See Utah Code 58-53-102

Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2

Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2

Probate: Proving a will

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

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration or mediation; and

(c)

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

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

Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 26B-8-301

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

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

Prospective patient: means an individual who:

(i)	is seeking medical advice, medical treatment, or medical services from a practitioner; and

(ii)

the practitioner described in Subsection (2)(h)(i) is considering accepting as a patient. See Utah Code 58-37f-102

Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:

(a)	that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or

(b)

the voting of which is controlled, by:

(i)	a director who has a conflicting interest respecting the transaction;

(ii)	a related person of that director; or

(iii)

a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102

Quorum: The number of legislators that must be present to do business.

Radiologic technologist: means a person licensed under this chapter to engage in the practice of radiologic technology under the general supervision of a radiologist or radiology practitioner including the administration of parenteral contrast media, radionuclides, and other medications incidental to radiology procedures provided the administrations are under the direct supervision of a qualified physician and the technologist is currently certified in cardiopulmonary resuscitation (CPR) and appropriate patient care procedures. See Utah Code 58-54-102

Radiologist: means a physician certified by the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons. See Utah Code 58-54-102

Radiologist assistant: means a person licensed under this chapter to engage in the practice of a radiologist assistant. See Utah Code 58-54-102

Radiology equipment: means any medical radiation device that emits ionizing or nonionizing radiation or detects that radiation for the purpose or intended purpose of:

(a)	diagnosing disease or other medical conditions in humans; or

(b)

treating, curing, mitigating, or preventing disease in humans. See Utah Code 58-54-102

Radiology practical technician: means a person licensed under this chapter to engage in a practice of radiologic technology performing limited diagnostic radiology procedures:

(a)	as defined and permitted by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(b)

under the supervision of a radiologist or radiology practitioner. See Utah Code 58-54-102

Radiology practitioner: means any person or individual licensed in this state as a physician and surgeon, osteopathic physician, podiatric physician, chiropractic physician, dentist, dental hygienist, or a physician's assistant, nurse practitioner, or nurse specialist practicing under the supervision of an approved supervising physician and in accordance with an approved protocol and utilization plan. See Utah Code 58-54-102

Ratio of apprentices: means the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-55-102

Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26B-8-301

Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 26B-8-301

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26B-8-301

Recreational therapy services: include :

(i)	assessing a person's need for recreational therapy treatment or intervention;

(ii)	developing an individualized treatment or intervention plan that identifies goals, objectives, and treatment strategies for a person;

(iii)

implementing the individualized treatment or intervention plan;

(iv)	documenting a person's response to the individualized treatment or intervention plan, including documenting the overall outcome of the person's treatment;

(v)	regularly evaluating a person's response to the individualized treatment or intervention plan and modifying the plan when appropriate;

(vi)	in collaboration with a person, the person's family, or other team members, developing a discharge or transition plan for the person;

(vii)

serving as a resource to help a person find recreation opportunities that will promote the person's physical, cognitive, social, behavioral, emotional, or spiritual health and well-being; and

(viii)

organizing and managing recreational services according to a written plan of operation as defined by rule of the division. See Utah Code 58-40-102

Refusal: means a record created under Section 26B-8-306 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26B-8-301

Regional pathologist: means a trained pathologist licensed to practice medicine and surgery in the state, appointed by the medical examiner pursuant to Subsection 26B-8-202(3). See Utah Code 26B-8-201

register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101

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

Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Research and statistical analysis: means activities using health data analysis including:

(a)	describing the group characteristics of individuals or organizations;

(b)	analyzing the noncompliance among the various characteristics of individuals or organizations;

(c)	conducting statistical procedures or studies to improve the quality of health data;

(d)	designing sample surveys and selecting samples of individuals or organizations; and

(e)

preparing and publishing reports describing these matters. See Utah Code 26B-8-501

Research and statistical purposes: means the performance of activities relating to health data, including:

(a)	describing the group characteristics of individuals or organizations;

(b)	analyzing the interrelationships among the various characteristics of individuals or organizations;

(c)	the conduct of statistical procedures or studies to improve the quality of health data;

(d)	the design of sample surveys and the selection of samples of individuals or organizations;

(e)	the preparation and publication of reports describing these matters; and

(f)

other related functions. See Utah Code 26B-8-401

Residential and small commercial contractor: means a person licensed under this chapter as a residential and small commercial contractor qualified by education, training, experience, and knowledge to perform or superintend the construction of single-family residences, multifamily residences up to four units, and commercial construction of not more than three stories above ground and not more than 20,000 square feet, or any of the components of that construction except plumbing, electrical work, mechanical work, and manufactured housing installation, for which the residential and small commercial contractor shall employ the services of a contractor licensed in the particular specialty, except that a residential and small commercial contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee. See Utah Code 58-55-102

Residential electrical contractor: means a person licensed under this chapter as a residential electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit. See Utah Code 58-55-102

Residential journeyman electrician: means a person licensed under this chapter as a residential journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes on buildings using primarily nonmetallic sheath cable. See Utah Code 58-55-102

Residential journeyman plumber: means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102

Residential master electrician: means a person licensed under this chapter as a residential master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes on residential projects. See Utah Code 58-55-102

Residential master plumber: means a person licensed under this chapter as a residential master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102

Residential plumbing contractor: means a person licensed under this chapter as a residential plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in residential buildings by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and residential purposes. See Utah Code 58-55-102

Responsible management personnel: means :

(a)	a qualifying agent;

(b)	an operations manager; or

(c)

a site manager. See Utah Code 58-55-102

Road: includes :Utah Code 68-3-12.5

Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:

(a)

the preparation and maintenance of:

(i)	minutes of the meetings of the board of directors and of the shareholders; and

(ii)	the other records and information required to be kept by the corporation by Section 16-10a-830; and

(b)

authenticating records of the corporation. See Utah Code 16-10a-102

Self-funded employer: means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments. See Utah Code 26B-8-501

Sensitive alarm system information: means :

(a)	a pass code or other code used in the operation of an alarm system;

(b)	information on the location of alarm system components at the premises of a customer of the alarm business providing the alarm system;

(c)	information that would allow the circumvention, bypass, deactivation, or other compromise of an alarm system of a customer of the alarm business providing the alarm system; and

(d)

any other similar information that the division by rule determines to be information that an individual employed by an alarm business should use or have access to only if the individual is licensed as provided in this chapter. See Utah Code 58-55-102

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

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

Sign: means , with the present intent to authenticate or adopt a record:

(a)	to execute or adopt a tangible symbol; or

(b)

to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26B-8-301

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

Soft tissue: means the muscles and related connective tissue. See Utah Code 58-47b-102

Specialty contractor: means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare. See Utah Code 58-55-102

Speech-language pathologist: means :

(a)

a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or

(b)

a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2

Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 58-41-2

Speech-language pathology aide: means an individual who:

(a)

meets the minimum qualifications established by the board for speech-language pathology aides. See Utah Code 58-41-2

State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-8-301

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

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

Substance abuse treatment program: is a s defined in Section 26B-2-101. See Utah Code 58-37f-102

Sudden death while in apparent good health: means apparently instantaneous death without obvious natural cause, death during or following an unexplained syncope or coma, or death during an acute or unexplained rapidly fatal illness. See Utah Code 26B-8-201

Sudden infant death syndrome: means the death of a child who was thought to be in good health or whose terminal illness appeared to be so mild that the possibility of a fatal outcome was not anticipated. See Utah Code 26B-8-201

Suicide: means death caused by an intentional and voluntary act of an individual who understands the physical nature of the act and intends by such act to accomplish self-destruction. See Utah Code 26B-8-201

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

Supervising hearing instrument specialist: means a hearing instrument specialist who:

(a)	is licensed by and in good standing with the division;

(b)	has practiced full-time as a hearing instrument specialist for not less than two years; and

(c)

is approved as a supervisor by the division. See Utah Code 58-46a-102

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

therapeutic recreation: means a person-centered process that uses recreation and psychoeducational activities as intervention tools to improve the physical, cognitive, social, behavioral, emotional, or spiritual well-being of a person with an illness or a disability. See Utah Code 58-40-102

Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 26B-8-301

Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 26B-8-301

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

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

Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2

Treatment or intervention plan: means a written record containing the information required by Section 58-40-602, which is composed for each patient by a person licensed under this chapter as a master therapeutic recreation specialist or a therapeutic recreation specialist. See Utah Code 58-40-102

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.

Unattended death: means a death that occurs more than 365 days after the day on which a health care professional examined or treated the deceased individual for any purpose, including writing a prescription. See Utah Code 26B-8-201

Unavailable for postmortem investigation: means that a dead body is:

(i)	transported out of state;

(ii)	buried at sea;

(iii)

cremated;

(iv)	processed by alkaline hydrolysis; or

(v)

otherwise made unavailable to the medical examiner for postmortem investigation or autopsy. See Utah Code 26B-8-201

Unincorporated entity: means an entity that is not:

(a)	an individual;

(b)	a corporation; or

(c)

publicly traded. See Utah Code 58-55-102

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

Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-501. See Utah Code 58-47b-102

Unlawful conduct: is a s defined in Sections 58-1-501 and 58-53-501. See Utah Code 58-53-102

Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-501. See Utah Code 58-55-102

Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-40-502. See Utah Code 58-40-102

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-47b-102

Unprofessional conduct: is a s defined in Section 58-1-501 and as may be further defined by rule of the division in collaboration with the board. See Utah Code 58-53-102

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule. See Utah Code 58-55-102

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

Vital records: means :

(a)	registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;

(b)	amendments to any of the registered certificates or reports described in Subsection (24)(a);

(c)	an adoption document; and

(d)

other similar documents. See Utah Code 26B-8-101

Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101

Wages: means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount. See Utah Code 58-55-102

Writing: includes :Utah Code 68-3-12.5