Terms Used In Utah Code > Title 58 > Chapter 9 - Funeral Services Licensing Act

• Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102
• Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Utah Code 58-9-102
• Alkaline hydrolysis container: means a container:

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

  (b)

  that meets substantially all of the following standards: (i)  able to be closed in order to provide a complete covering for the human remains; (ii)  resistant to leakage or spillage; (iii)  rigid enough for handling with ease; and (iv)  able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. See Utah Code 58-9-102 Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401 Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102 Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102 Calcination: means a process in which a dead human body is reduced by intense heat to a residue that is not as substantive as the residue that follows cremation. See Utah Code 58-9-102 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. Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102 Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102 Cremation chamber: means the enclosed space within which the cremation process takes place and which is used exclusively for the cremation of human remains. See Utah Code 58-9-102 Cremation container: means the container: (a)  in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and (b)  that meets substantially all of the following standards: (i)  composed of readily combustible or consumable materials suitable for cremation; (ii)  able to be closed in order to provide a complete covering for the human remains; (iii)  resistant to leakage or spillage; (iv)  rigid enough for handling with ease; and (v)  able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102 Crematory: means the building or portion of a building that houses the cremation chamber and the holding facility. See Utah Code 58-9-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Developmental center: means the Utah State Developmental Center, established in accordance with 5. See Utah Code 26B-6-401 Direct disposition: means the disposition of a dead human body: (a)  as quickly as law allows; (b)  without preparation of the body by embalming; and (c)  without an attendant funeral service or graveside service. See Utah Code 58-9-102 Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401 Disability: means a severe, chronic disability that: (i)  is attributable to: (A)  an intellectual disability; (B)  a condition that qualifies a person as a person with a related condition, as defined in 42 C. See Utah Code 26B-6-401 Disposition: means the final disposal of a dead human body by: (a)  earth interment; (b)  above ground burial; (c)  cremation; (d)  calcination; (e)  alkaline hydrolysis; (f)  burial at sea; (g)  delivery to a medical institution; or (h)  other lawful means. See Utah Code 58-9-102 Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401 eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401 Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102 Endorsed program: means a facility or program that: (a)  is operated: (i)  by the division; or (ii)  under contract with the division; or (b)  provides services to a person committed to the division under 6. See Utah Code 26B-6-401 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 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 Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body: (i)  a vault; (ii)  a casket; or (iii)  other personal property. See Utah Code 58-9-102 Funeral service: means a service, rite, or ceremony performed: (a)  with respect to the death of a human; and (b)  with the body of the deceased present. See Utah Code 58-9-102 Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102 Funeral service establishment: includes : (i)  all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and (ii)  a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102 Funeral service intern: means an individual licensed under this chapter who is permitted to: (a)  assist a funeral service director in the embalming or other preparation of a dead human body for disposition; (b)  assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and (c)  perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102 Graveside service: means a funeral service held at the location of disposition. See Utah Code 58-9-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5 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. Land: includes :Utah Code 68-3-12.5 Memorial service: means a service, rite, or ceremony performed: (a)  with respect to the death of a human; and (b)  without the body of the deceased present. See Utah Code 58-9-102 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. Person: means :Utah Code 68-3-12.5 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 funeral service: means : (a)  supervising the receipt of custody and transportation of a dead human body to prepare the body for: (i)  disposition; or (ii)  shipment to another location; (b)  entering into a contract with a person to provide professional services regulated under this chapter; (c)  embalming or otherwise preparing a dead human body for disposition; (d)  supervising the arrangement or conduct of: (i)  a funeral service; (ii)  a graveside service; or (iii)  a memorial service; (e)  cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains; (f)  supervising the arrangement of: (i)  a disposition; or (ii)  a direct disposition; (g)  facilitating: (i)  a disposition; or (ii)  a direct disposition; (h)  supervising the sale of funeral merchandise by a funeral establishment; (i)  managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment; (j)  supervising the sale of a preneed funeral arrangement; and (k)  contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition: (i)  goods; (ii)  services, including: (A)  embalming services; and (B)  funeral directing services; (iii)  real property; or (iv)  personal property, including: (A)  a casket; (B)  another primary container; (C)  a cremation, alkaline hydrolysis, or transportation container; (D)  an outer burial container; (E)  a vault; (F)  a grave liner; (G)  funeral clothing and accessories; (H)  a monument; (I)  a grave marker; and (J)  a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102 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. 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 Processing: means the reduction of identifiable bone fragments after the completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments by manual means. See Utah Code 58-9-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401 Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation or alkaline hydrolysis and processing to granulated particles by manual or mechanical means. See Utah Code 58-9-102 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. Resomation: means the alkaline hydrolysis process. See Utah Code 58-9-102 Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102 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 Temporary container: means a receptacle for cremated or alkaline hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired. See Utah Code 58-9-102 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. 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 58-9-501. See Utah Code 58-9-102 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-502. See Utah Code 58-9-102 Urn: means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains. See Utah Code 58-9-102 Writing: includes :Utah Code 68-3-12.5