Terms Used In Utah Code > Title 26B > Chapter 8 > Part 3 - Revised Uniform Anatomical Gift Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301
• 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 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 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 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 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 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 Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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. Court: means the particular court that orders probation in a case. See Utah Code 58-50-2 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. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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 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 Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26B-8-301 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 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. 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 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. Fund: means the Landscape Architects Education and Enforcement Fund created in Section 58-53-103. See Utah Code 58-53-102 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 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 Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26B-8-301 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. Know: means to have actual knowledge. See Utah Code 26B-8-301 Land: includes :Utah Code 68-3-12.5 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 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 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. 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 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. 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 :Utah Code 68-3-12.5 Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301 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 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 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. 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. 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 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 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 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 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 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 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 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 Writing: includes :Utah Code 68-3-12.5