Terms Used In Utah Code > Title 58 > Chapter 3a - Architects Licensing Act

• Abuse: means :

  (a)	knowingly or intentionally: (i)  attempting to cause harm; (ii)  causing harm; or (iii)  placing another in fear of harm;

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

  (c)	emotional or psychological abuse;

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

  (e)

  deprivation of life sustaining treatment, or medical or mental health treatment, except: (i)  as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii)  when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 Adjudicative proceeding: means :Utah Code 68-3-12.5 Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201 Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201 Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201 Allegation: something that someone says happened. 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. Architect: means a person licensed under this chapter as an architect. See Utah Code 58-3a-102 Board: means the Architects Licensing Board created in Section 58-3a-201. See Utah Code 58-3a-102 Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-3a-102 Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the 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. Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201 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. Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201 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 Architects Education and Enforcement Fund created in Section 58-3a-103. See Utah Code 58-3a-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201 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. Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 26B-6-201 Land: includes :Utah Code 68-3-12.5 Neglect: means : (i)  (A)  failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or (B)  failure of a caretaker to provide protection from health and safety hazards or maltreatment; (ii)  failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise; (iii)  a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being; (iv)  knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult; (v)  self-neglect by the vulnerable adult; or (vi)  abandonment by a caretaker. See Utah Code 26B-6-201 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 :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Practice of architecture: means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings: (i)  planning; (ii)  facility programming; (iii)  preliminary studies; (iv)  preparation of designs, drawings, and specifications; (v)  preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and (vi)  administration of construction contracts. See Utah Code 58-3a-102 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 architect having responsible charge of an organization's architectural practice. See Utah Code 58-3a-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201 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. 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 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201 Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own financial resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201 Writing: includes :Utah Code 68-3-12.5