Utah Code > Title 26B > Chapter 9 – Recovery Services and Administration of Child Support


Part 1	Office of Recovery Services	26B-9-101 – 26B-9-113
Part 2	Child Support Services	26B-9-201 – 26B-9-231
Part 3	Income Withholding in IV-D Cases	26B-9-301 – 26B-9-313
Part 4	Income Withholding in Non IV-D Cases	26B-9-401 – 26B-9-412
Part 5	Administrative License Suspension for Child Support Enforcement	26B-9-501 – 26B-9-503

Terms Used In Utah Code > Title 26B > Chapter 9 - Recovery Services and Administration of Child Support

Ablative procedure: means a procedure that is expected to excise, vaporize, disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium: YAG lasers. See Utah Code 58-67-102
Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
ACGME: means the Accreditation Council for Graduate Medical Education of the American Medical Association. See Utah Code 58-67-102
Adjudicative proceeding: means :Utah Code 68-3-12.5
Adjudicative proceeding: means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 26B-9-201
Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, in accordance with a fine schedule established by the division in collaboration with the board, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-67-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.

Agreement for services: means a written and signed agreement between a security service provider and a client that:

(a)	contains clear language that addresses and assigns financial responsibility;

(b)	describes the length, duties, and scope of the security services that will be provided; and

(c)

describes the compensation that will be paid by the client for the security services, including the compensation for each security officer. See Utah Code 58-63-102

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.

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.

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

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

Armed private security officer: means an individual:

(a)	employed by a contract security company;

(b)

whose primary duty is:

(i)	guarding personal or real property; or

(ii)	providing protection or security to the life and well being of humans or animals; and

(c)

who wears, carries, possesses, or has immediate access to a firearm in the performance of the individual's duties. See Utah Code 58-63-102

Armored car company: means a person engaged in business under contract to others who transports or offers to transport tangible personal property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that require secured delivery from one place to another under the control of an armored car security officer employed by the company using a specially equipped motor vehicle offering a high degree of security. See Utah Code 58-63-102

Armored car security officer: means an individual:

(a)	employed by an armored car company;

(b)	whose primary duty is to guard the tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another; and

(c)

who wears, carries, possesses, or has immediate access to a firearm in the performance of the individual's duties. See Utah Code 58-63-102

Arrears: means the same as support debt. See Utah Code 26B-9-201

Arrest: Taking physical custody of a person by lawful authority.

Articles of incorporation: include :

(a)	amended and restated articles of incorporation;

(b)	articles of merger; and

(c)

a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102

Assess: means the use of diagnostic procedures, tests, and interview techniques generally accepted as standard in mental health therapy to diagnose any condition related to mental, emotional, behavioral, and social disorders or dysfunctions. See Utah Code 58-60-302

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

Assistance: means public assistance. See Utah Code 26B-9-101

Assistance: means public assistance as defined in Section 26B-9-101. See Utah Code 26B-9-201

Associate physician: means an individual licensed under Section 58-67-302. See Utah Code 58-67-102

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

Attempted sex change: means an attempt or effort to change an individual's body to present that individual as being of a sex or gender that is different from the individual's biological sex at birth. See Utah Code 58-67-102

Biological sex at birth: means an individual's sex, as being male or female, according to distinct reproductive roles as manifested by:

(a)	sex and reproductive organ anatomy;

(b)	chromosomal makeup; and

(c)

endogenous hormone profiles. See Utah Code 58-67-102

Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2

Board: means the Psychologist Licensing Board created in Section 58-61-201. See Utah Code 58-61-102

Board: means the Security Services Licensing Board created in Section 58-63-201. See Utah Code 58-63-102

Board: means the Social Worker Licensing Board created in Section 58-60-203. See Utah Code 58-60-202

Board: means the Marriage and Family Therapist Licensing Board created in Section 58-60-303. See Utah Code 58-60-302

Board: means the Clinical Mental Health Counselor Licensing Board created in Section 58-60-403. See Utah Code 58-60-402

Board: means the Substance Use Disorder Counselor Licensing Board created in Section 58-60-503. See Utah Code 58-60-502

Board: means the Physicians Licensing Board created in Section 58-67-201. See Utah Code 58-67-102

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

Child: means :

(a)	a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b)	a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c)

a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201

Child: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Child support: includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support. See Utah Code 26B-9-301

Child support: is a s defined in Section 26B-9-301. See Utah Code 26B-9-501

Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201

Child support order: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Child support order: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief. See Utah Code 26B-9-301

Child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101

Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201

Client: means a person, company, or entity that contracts for and receives security services from a contract security company or an armored car company. See Utah Code 58-63-102

Collaborating physician: means an individual licensed under Section 58-67-302 who enters into a collaborative practice arrangement with an associate physician. See Utah Code 58-67-102

Collaborative practice arrangement: means the arrangement described in Section 58-67-807. See Utah Code 58-67-102

Company officer: means :

(a)	a governing person, as defined in Section 48-3a-102, of an armored car company or contract security company;

(b)	an individual appointed as an officer of an armored car company or contract security 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 armored car company or contract security company; or

(d)

a partner, as defined in Section 48-1d-102, of an armored car company or contract security company. See Utah Code 58-63-102

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 armored car company or contract security 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 armored car company or contract security company that is not a corporation. See Utah Code 58-63-102

Company proprietor: means the sole proprietor of an armored car company or contract security company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. See Utah Code 58-63-102

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

Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:

(a)

(i)	transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or

(ii)	transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and

(b)

made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:

(i)	present to further the interest of the client or patient in the consultation, examination, or interview;

(ii)	reasonably necessary for the transmission of the communications; or

(iii)

participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102

Confidential communication: means information, including information obtained by the psychologist's examination of the client or patient, which is:

(a)

(i)	transmitted between the client or patient and a psychologist in the course of that relationship; or

(ii)	transmitted among the client or patient, the psychologist, and individuals who are participating in the diagnosis or treatment under the direction of the psychologist, including members of the client's or patient's family; and

(b)

made in confidence, for the diagnosis or treatment of the client or patient by the psychologist, and by a means not intended to be disclosed to third persons other than those individuals:

(i)	present to further the interest of the client or patient in the consultation, examination, or interview;

(ii)	reasonably necessary for the transmission of the communications; or

(iii)

participating in the diagnosis and treatment of the client or patient under the direction of the psychologist. See Utah Code 58-61-102

Confidential communication: means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation of or interview with the client, patient, or authorized agent, which is:

(a)

(i)	transmitted between the client, patient, or authorized agent and an individual licensed or registered under this part in the course of that relationship; or

(ii)

transmitted among the client, patient, or authorized agent, an individual licensed or registered under this part, and individuals who are participating in the assessment or treatment in conjunction with an individual licensed or registered under this part, including the authorized agent or members of the client's or patient's family; and

(b)

made in confidence, for the assessment or treatment of the client or patient by the individual who is licensed or registered under this part, and by a means not intended to be disclosed to a third party other than an individual:

(i)	present to further the interest of the client or patient in the consultation, assessment or interview;

(ii)	reasonably necessary for the transmission of the communications; or

(iii)

participating in the assessment and treatment of the client or patient in conjunction with the behavior analyst or behavior specialist. See Utah Code 58-61-702

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

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

Contract security company: means a company that is engaged in business to provide security services to another person, business, or entity on a contractual basis by assignment of an armed or unarmed private security officer. See Utah Code 58-63-102

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Cosmetic medical device: means tissue altering energy based devices that have the potential for altering living tissue and that are used to perform ablative or nonablative procedures, such as American National Standards Institute (ANSI) designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices, and excludes ANSI designated Class IIIa and lower powered devices. See Utah Code 58-67-102

Counseling: includes :

(i)	methods that are sensitive to an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context; and

(ii)

an understanding, appreciation, and ability to appropriately use the contributions of various addiction counseling models as the counseling models apply to modalities of care for individuals, groups, families, couples, and significant others. See Utah Code 58-60-502

Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201

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

Decedent: A deceased person.

Deception detection examination: means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. See Utah Code 58-64-102

Deception detection examination administrator: means an individual who engages in or represents that the individual is engaged in:

(a)	conducting or administering a deception detection examination using a software application designed for detecting deception without intervention from the examination administrator; or

(b)

the interpretation of deception detection examination results derived from a software application designed for detecting deception. See Utah Code 58-64-102

Deception detection examiner: means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations. See Utah Code 58-64-102

Deception detection intern: means an individual who engages in deception detection examinations under the supervision and control of a deception detection examiner for the purpose of training and qualification as a deception detection examiner. See Utah Code 58-64-102

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

delinquency: means that child support in an amount at least equal to current child support payable for one month is overdue. See Utah Code 26B-9-301

Delinquent on a child support obligation: means that a person:

(a)

(i)	made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;

(ii)	after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and

(iii)

has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or

(b)

(i)

made no payment for 60 days on an arrearage obligation of child support as set forth in:

(A)	a payment schedule;

(B)	a written agreement with the office; or

(C)	an administrative or judicial order;

(ii)	after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and

(iii)

has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears. See Utah Code 26B-9-501

Dependent: A person dependent for support upon another.

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.

Diagnose: means :

(a)	to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;

(b)	to attempt to conduct an examination or determination described under Subsection (12)(a);

(c)	to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (12)(a); or

(d)

to make an examination or determination as described in Subsection (12)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. See Utah Code 58-67-102

Direct supervision: means :

(a)	a minimum of one hour of supervision by a supervisor of the substance use disorder counselor for every 40 hours of client care provided by the substance use disorder counselor, which supervision may include group supervision;

(b)	the supervision is conducted in a face-to-face manner, unless otherwise approved on a case-by-case basis by the division in collaboration with the board; and

(c)

a supervisor is available for consultation with the counselor at all times. See Utah Code 58-60-502

Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-101

Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-201

Disposable earnings: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201

Docket: A log containing brief entries of court proceedings.

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

Driver license: means a license, as defined in Section 53-3-102. See Utah Code 26B-9-501

Driver License Division: means the Driver License Division of the Department of Public Safety created in Section 53-3-103. See Utah Code 26B-9-501

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

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

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}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

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

Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}

Fiduciary: A trustee, executor, or administrator.

Financial institution: means :

(a)

a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, 12 U. See Utah Code 26B-9-101

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

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

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Group supervision: means more than one counselor licensed under this part meets with the supervisor at the same time. See Utah Code 58-60-502

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

Guidelines: means the same as that term is defined in Section 78B-12-102. See Utah Code 26B-9-201

Health care facility: means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center. See Utah Code 58-57-2

Hypnosis: means , when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-60-102

Hypnosis: means , regarding individuals exempted from licensure under this chapter, a process by which one individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-61-102

Immediate income withholding: means income withholding without regard to whether a delinquency has occurred. See Utah Code 26B-9-301

Income: includes :

(i)	all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;

(ii)	interest and dividends;

(iii)

periodic payments made under pension or retirement programs or insurance policies of any type;

(iv)	unemployment compensation benefits;

(v)	workers' compensation benefits; and

(vi)

disability benefits. See Utah Code 26B-9-101

Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201

Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-301

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}

Individual: means a natural person. See Utah Code 58-60-102

Individual: means a natural person. See Utah Code 58-61-102

Instrument: means a polygraph, voice stress analyzer, ocular-motor test, or any other device or software application that records the examinee's cardiovascular patterns, respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception. See Utah Code 58-64-102

IV-D child support services: means the same as child support services. See Utah Code 26B-9-101

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

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.

Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 58-63-102

LCME: means the Liaison Committee on Medical Education of the American Medical Association. See Utah Code 58-67-102

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

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

Licensed assistant behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702

Licensed behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis. See Utah Code 58-61-702

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.

Medical assistant: means an unlicensed individual who may perform tasks as described in Subsection 58-67-305(6). See Utah Code 58-67-102

Mental health therapist: means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as:

(a)	a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;

(b)	an advanced practice registered nurse, specializing in psychiatric mental health nursing;

(c)	an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;

(d)	a psychologist qualified to engage in the practice of mental health therapy;

(e)	a certified psychology resident qualifying to engage in the practice of mental health therapy;

(f)

a physician assistant specializing in mental health care under Section 58-70a-501. See Utah Code 58-60-102

Mental health therapist: means an individual licensed under this title as a:

(a)	physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;

(b)	an advanced practice registered nurse, specializing in psychiatric mental health nursing;

(c)	an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;

(d)	psychologist qualified to engage in the practice of mental health therapy;

(e)	a certified psychology resident qualifying to engage in the practice of mental health therapy;

(f)	clinical social worker;

(g)	certified social worker;

(h)	marriage and family therapist;

(i)	an associate marriage and family therapist;

(j)	a clinical mental health counselor; or

(k)

an associate clinical mental health counselor. See Utah Code 58-61-102

Mental illness: means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (5). See Utah Code 58-60-102

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

New hire registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 26B-9-101

Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but is not intended or expected to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-67-102

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

Notice of agency action: means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201. See Utah Code 26B-9-201

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-101

Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-201

Obligee: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301

Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101

Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201

Obligor: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301

Office: means the Office of Recovery Services. See Utah Code 26B-9-101

Office: means the Office of Recovery Services. See Utah Code 26B-9-201

Office: means the Office of Recovery Services. See Utah Code 26B-9-301

Office: means the Office of Recovery Services. See Utah Code 26B-9-501

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

Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201

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.

Past-due support: means the same as support debt. See Utah Code 26B-9-201

patient: means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. See Utah Code 58-60-102

patient: means an individual who consults or is examined or interviewed by a psychologist acting in his professional capacity. See Utah Code 58-61-102

Payor: means an employer or any person who is a source of income to an obligor. See Utah Code 26B-9-301

Peace officer: means a person who:

(a)	is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications; and

(b)

derives total or special law enforcement powers from, and is an employee of, the federal government, the state, or a political subdivision, agency, department, branch, or service of either, of a municipality, or a unit of local government. See Utah Code 58-63-102

Person: means :Utah Code 68-3-12.5

Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201

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

Personal property: All property that is not real property.

Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-67-102

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.

Practice of behavior analysis: means the design and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior and includes the following:

(i)	the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis;

(ii)	interventions based on scientific research and the direct observation and measurement of behavior and environment; and

(iii)

utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. See Utah Code 58-61-702

Practice of certified social work: includes :

(a)

the supervised practice of mental health therapy by a clinical social worker by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive behavior;

(b)	the supervised or independent and unsupervised application of generally recognized professional social work principles and practices requiring the education, training, and experience of a certified social worker; and

(c)

supervision of the practice of a social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202

Practice of clinical mental health counseling: means the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized clinical mental health counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior. See Utah Code 58-60-402

Practice of clinical social work: includes :

(a)

the practice of mental health therapy by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;

(b)	the application of generally recognized psychotherapeutic and social work principles and practices requiring the education, training, and clinical experience of a clinical social worker; and

(c)

supervision of the practice of a certified social worker or social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202

Practice of marriage and family therapy: includes :

(a)	the process of providing professional mental health therapy including psychotherapy to individuals, couples, families, or groups;

(b)	utilizing established principles that recognize the interrelated nature of individual problems and dysfunctions in family members to assess, diagnose, and treat mental, emotional, and behavioral disorders;

(c)	individual, premarital, relationship, marital, divorce, and family therapy;

(d)	specialized modes of treatment for the purpose of diagnosing and treating mental, emotional, and behavioral disorders, modifying interpersonal and intrapersonal dysfunction, and promoting mental health; and

(e)

assessment utilized to develop, recommend, and implement appropriate plans of treatment, dispositions, and placement related to the functioning of the individual, couple, family, or group. See Utah Code 58-60-302

Practice of medicine: means :

(i)

to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state;

(ii)	when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered;

(iii)

to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or

(iv)

to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "doctor" "doctor of medicine" "physician" "surgeon" "physician and surgeon" "Dr. See Utah Code 58-67-102

Practice of mental health therapy: means treatment or prevention of mental illness, whether in person or remotely, including:

(a)	conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (5);

(b)	establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (5);

(c)	prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and

(d)

engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (5). See Utah Code 58-60-102

Practice of mental health therapy: means the treatment or prevention of mental illness, whether in person or remotely, including:

(a)	conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder;

(b)	establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (6);

(c)	prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and

(d)

Practice of psychology: includes :

(i)

the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized professional psychological principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;

(ii)

the observation, description, evaluation, interpretation, or modification of human behavior by the application of generally recognized professional principles, methods, or procedures requiring the education, training, and clinical experience of a psychologist, for the purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health;

(iii)

psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;

(iv)	counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis, and behavior analysis and therapy;

(v)	diagnosis and treatment of mental and emotional disorders of disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; and

(vi)

psychoeducational evaluation, therapy, remediation, and consultation. See Utah Code 58-61-102

Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. See Utah Code 58-57-2

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.

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.

Primary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:

(i)	for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty;

(ii)	for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or

(iii)

any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. See Utah Code 58-67-102

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

Program: means a substance use disorder agency that provides substance use disorder services, including recovery support services. See Utah Code 58-60-502

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.

Public assistance: means :

(a)	services or benefits provided under Title 35A, Chapter 3, Employment Support Act;

(b)	medical assistance provided under 1;

(c)

foster care maintenance payments under Part E of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101

Public assistance: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201

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.

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

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Recovery support services: means services provided to an individual who is identified as having need of substance use disorder preventive or treatment services, either before, during, or after an episode of care that meets the level of care standards established by division rule. See Utah Code 58-60-502

Registered assistant behavior specialist: means an individual who:

(a)

is employed:

(i)	as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services;

(ii)	to provide behavior analysis; and

(iii)

on or before May 15, 2015;

(b)	limits the practice of behavior analysis to the contract described in Subsection (5)(a)(i); and

(c)

is registered under this part with the division to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702

Registered behavior specialist: means an individual who:

(a)

is employed:

(i)	as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services to provide behavior analysis; and

(ii)	on or before May 15, 2015;

(b)	limits the practice of behavior analysis to the contract described in Subsection (6)(a)(i); and

(c)

is registered under this part with the division to engage in the practice of behavior analysis. See Utah Code 58-61-702

Regular basis: means at least 20 hours per month. See Utah Code 58-63-102

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.

Remotely: means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. See Utah Code 58-60-102

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Respiratory care practitioner: means any person licensed to practice respiratory care under this chapter. See Utah Code 58-57-2

Respiratory related durable medical equipment: means :

(a)	medical grade oxygen;

(b)	equipment and supplies related to medical gases;

(c)	apnea monitors;

(d)	oximeters;

(e)	noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively;

(f)	bilirubin lights;

(g)	suctioning equipment;

(h)	large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway;

(i)	medication nebulizers;

(j)	enteral nutrition equipment; and

(k)

other respiratory related equipment intended for use in the home as defined by the division by rule. See Utah Code 58-57-2

Responsible management personnel: means :

(a)	a qualifying agent;

(b)	an operations manager; or

(c)

a site manager. See Utah Code 58-63-102

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:

(i)	for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or

(ii)

for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. See Utah Code 58-67-102

Security officer: means an individual who is licensed as an armed or unarmed private security officer under this chapter and who:

(i)

is employed by a contract security company securing, guarding, or otherwise protecting tangible personal property, real property, or the life and well being of human or animal life against:

(A)	trespass or other unlawful intrusion or entry;

(B)

larceny;

(C)	vandalism or other abuse;

(D)	arson or other criminal activity; or

(E)	personal injury caused by another person or as a result of an act or omission by another person;

(ii)	is controlling, regulating, or directing the flow of movements of an individual or vehicle; or

(iii)

providing street patrol service. See Utah Code 58-63-102

Security service provider: means a contract security company or an armored car company licensed under this chapter. See Utah Code 58-63-102

Security system: means equipment, a device, or an instrument installed for:

(a)	detecting and signaling entry or intrusion by an individual into or onto, or exit from the premises protected by the system; or

(b)

signaling the commission of criminal activity at the election of an individual having control of the features of the security system. See Utah Code 58-63-102

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.

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: 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 case registry: means the central, automated record system maintained by the office and the central, automated district court record system maintained by the Administrative Office of the Courts, that contains records which use standardized data elements, such as names, Social Security numbers and other uniform identification numbers, dates of birth, and case identification numbers, with respect to:

(a)	each case in which services are being provided by the office under the state IV-D child support services plan; and

(b)

each support order established or modified in the state on or after October 1, 1998. See Utah Code 26B-9-101

Statute: A law passed by a legislature.

Street patrol service: means a contract security company that provides patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of the company's duties and responsibilities. See Utah Code 58-63-102

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

Substance use disorder agency: means a public or private agency, health care facility, or health care practice that:

(a)	provides substance use disorder services, recovery support services, primary health care services, or substance use disorder preventive services; and

(b)

employs qualified mental health therapists in sufficient number to:

(i)	evaluate the condition of clients being treated by each counselor licensed under this part and employed by the substance use disorder agency; and

(ii)

ensure that appropriate substance use disorder services are being given. See Utah Code 58-60-502

Substance use disorder education program: means a formal program of substance use disorder education offered by an accredited institution of higher education that meets standards established by division rule. See Utah Code 58-60-502

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

Support: includes past-due, present, and future obligations established by:

(a)	a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and

(b)

a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201

Support debt: means the debt created by nonpayment of support. See Utah Code 26B-9-201

Support order: means the same as child support order. See Utah Code 26B-9-201

Support order: means the same as child support order. See Utah Code 26B-9-301

Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent

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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Tribunal: means the district court, the department, the Office of Recovery Services, or court or administrative agency of any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 26B-9-201

Trustee: A person or institution holding and administering property in trust.

Unarmed private security officer: means an individual:

(a)	employed by a contract security company;

(b)	whose primary duty is guarding personal or real property or providing protection or security to the life and well being of humans or animals;

(c)	who does not wear, carry, possess, or have immediate access to a firearm in the performance of the individual's duties; and

(d)

who wears clothing of distinctive design or fashion bearing a symbol, badge, emblem, insignia, or other device that identifies the individual as a security officer. See Utah Code 58-63-102

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

Unlawful conduct: is a s defined in Sections 58-1-501 and 58-60-109. See Utah Code 58-60-102

Unlawful conduct: is a s defined in Sections 58-1-501 and 58-61-501. See Utah Code 58-61-102

Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-63-501. See Utah Code 58-63-102

unlawful conduct: includes :

(1)	practice of behavior analysis unless licensed as a behavior analyst or assistant behavior analyst under this part, registered as a behavior specialist or assistant behavior specialist, or exempted from licensure or registration under this title; or

(2)

representing oneself as or using the title of licensed behavior analyst or licensed assistant behavior analyst unless currently licensed under this part. See Utah Code 58-61-709

Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-501. See Utah Code 58-67-102

Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-60-110, and may be further defined by division rule. See Utah Code 58-60-102

Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-61-502, and may be further defined by division rule. See Utah Code 58-61-102

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-63-502 and as may be further defined by rule. See Utah Code 58-63-102

unprofessional conduct: includes :

(1)

using or employing the services of any individual to assist a licensed behavior analyst, licensed assistant behavior analyst, registered behavior specialist, or registered assistant behavior specialist in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession for which the individual is licensed or the laws of the state, including:

(a)	acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring compliance with the requirements of administrative rule adopted by the division;

(b)	engaging in and aiding or abetting conduct or practices that are false, dishonest, deceptive, or fraudulent;

(c)	engaging in or aiding or abetting deceptive or fraudulent billing practices;

(d)	failing to establish and maintain appropriate professional boundaries with a client or former client;

(e)	engaging in or promising a personal, scientific, professional, financial, or other relationship with a client if it appears likely that such a relationship reasonably might impair the behavior analyst's or registered behavior specialist's objectivity or might harm or exploit the client;

(f)	engaging in sexual activities or sexual contact with a client with or without client consent;

(g)	engaging in sexual activities or sexual contact with a former client within two years of documented termination of services;

(h)

engaging in sexual activities or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition that could reasonably be expected to place the client at a disadvantage, recognizing the power imbalance that exists or may exist between the behavior analyst or registered behavior specialist and the client;

(i)	engaging in or aiding or abetting sexual harassment or any conduct that is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

(j)	exploiting a client for personal gain;

(k)	using a professional client relationship to exploit a client or other person for personal gain;

(l)	failing to maintain appropriate client records for a period of not less than seven years from the documented termination of services to the client;

(m)	failing to obtain informed consent from the client or legal guardian before taping, recording, or permitting third party observations of client care or records;

(n)	failing to cooperate with the division during an investigation;

(o)	using the abbreviated title of LBA unless licensed in the state as a behavior analyst;

(p)	using the abbreviated title of LaBA unless licensed in the state as an assistant behavior analyst;

(q)	failing to make reasonable efforts to notify a client and seek the transfer or referral of services, according to the client's needs or preferences, when a behavior analyst anticipates the interruption or termination of services to a client;

(r)	failing to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, according to the client's needs and preferences;

(s)	failing to make reasonable steps to avoid abandoning a client who is still in need of services;

(t)	failing to report conviction of a felony or misdemeanor directly relating to the practice of behavior analysis or public health and safety;

(u)	failing to report revocation or suspension of certification from the Behavior Analyst Certification Board; and

(v)	failure to confine practice conduct to those acts or practices in which the individual is competent by education, training, and experience within limits of education, training, and experience; and

(2)

other conduct as further defined by administrative rule adopted by the division. See Utah Code 58-61-710

Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-502, and as may be further defined by division rule. See Utah Code 58-67-102

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

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5