§ 75-2a-101 Title
§ 75-2a-102 Intent statement
§ 75-2a-103 Definitions
§ 75-2a-104 Capacity to make health care decisions — Presumption — Overcoming presumption
§ 75-2a-105 Capacity to complete an advance health care directive
§ 75-2a-106 Emergency medical services — POLST order
§ 75-2a-107 Advance health care directive — Appointment of agent — Powers of agent — Health care directions
§ 75-2a-108 Default surrogates
§ 75-2a-109 Effect of current health care preferences — When a surrogate may act
§ 75-2a-110 Surrogate decision making — Scope of authority
§ 75-2a-111 Priority of decision makers
§ 75-2a-112 Decisions by guardian
§ 75-2a-113 Personal representative status
§ 75-2a-114 Revocation of directive
§ 75-2a-115 Notification to health care provider — Obligations of health care providers — Liability
§ 75-2a-116 Presumption of validity of directive
§ 75-2a-117 Optional form
§ 75-2a-118 Illegal destruction or falsification of health care directive
§ 75-2a-119 Health care directive effect on insurance policies
§ 75-2a-120 Judicial relief
§ 75-2a-121 Reciprocity — Application of former provisions of law
§ 75-2a-122 Effect of act
§ 75-2a-123 Pregnancy
§ 75-2a-124 Provisions cumulative with existing law
§ 75-2a-125 Severability

Terms Used In Utah Code > Title 75 > Chapter 2a - Advance Health Care Directive Act

  • Active member: means a member who:
    (i) is employed by a participating employer and accruing service credit; or
    (ii) within the previous 120 days:
    (A) has been employed by a participating employer; and
    (B) accrued service credit. See Utah Code 49-11-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adult: means an individual who is:
    (a) at least 18 years of age; or
    (b) an emancipated minor. See Utah Code 75-2a-103
  • Affiliated emergency services worker: means a person who:
    (i) is employed by a participating employer;
    (ii) performs emergency services for another participating employer that is a different agency;
    (iii) is trained in techniques and skills required for the emergency service;
    (iv) continues to receive regular training required for the service;
    (v) is on the rolls as a trained affiliated emergency services worker of the participating employer; and
    (vi) provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker. See Utah Code 49-11-1202
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means :
    (i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
    (ii) a county, municipality, school district, local district, or special service district;
    (iii) a state college or university; or
    (iv) any other participating employer. See Utah Code 49-11-102
  • Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
  • Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
  • Amortization: Paying off a loan by regular installments.
  • Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. See Utah Code 49-11-1202
  • Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within that system. See Utah Code 49-11-1301
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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
  • APRN: means an individual who is:
    (a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
    (b) an independent practitioner;
    (c) acting under a consultation and referral plan with a physician; and
    (d) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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 any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
  • Best interest: means that the benefits to the person resulting from a treatment outweigh the burdens to the person resulting from the treatment, taking into account:
    (a) the effect of the treatment on the physical, emotional, and cognitive functions of the person;
    (b) the degree of physical pain or discomfort caused to the person by the treatment or the withholding or withdrawal of treatment;
    (c) the degree to which the person's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the person by subjecting the person to humiliation and dependency;
    (d) the effect of the treatment on the life expectancy of the person;
    (e) the prognosis of the person for recovery with and without the treatment;
    (f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
    (g) the religious beliefs and basic values of the person receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103
  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
  • Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular person as agent. See Utah Code 75-2a-103
  • Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. See Utah Code 49-11-102
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default surrogate: means the adult who may make decisions for an individual when either:
    (a) an agent or guardian has not been appointed; or
    (b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
  • defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
  • Emergency medical services provider: means a person that is licensed, designated, or certified under Title 26, Chapter 8a, Utah Emergency Medical Services System Act. See Utah Code 75-2a-103
  • Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
  • 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
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Full-time: means a:
    (a) regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer;
    (b) teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time;
    (c) firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; and
    (d) public safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year. See Utah Code 49-11-1301
  • Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102
  • 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
  • Half-time: means :
    (a) a regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer;
    (b) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time;
    (c) a firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year;
    (d) a public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year; and
    (e) for a retiree employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, one-half of that regularly scheduled work period as long as the retiree has continuing employment in that same position. See Utah Code 49-11-1301
  • Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
  • Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
    (a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
    (b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
    (c) the ability to communicate a decision. See Utah Code 75-2a-103
  • Health care facility: means :
    (a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; and
    (b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103
  • Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
  • Intestate: Dying without leaving a will.
  • Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75-2a-103
  • Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102
  • Minor: means an individual who:
    (a) is under 18 years old; and
    (b) is not an emancipated minor. See Utah Code 75-2a-103
  • 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.
  • Office: means the Utah State Retirement Office. See Utah Code 49-11-102
  • Part-time appointed or elected board member: means an individual who:
    (a) serves in a position:
    (i) as a member of a board, commission, council, committee, panel, or other body of a participating employer; and
    (ii) that is designated in the participating employer's governing statute, charter, creation document, or similar document;
    (b) is appointed or elected to the position for a definite and fixed term of office by official and duly recorded action of the participating employer;
    (c) except for the service in the position, does not perform other work or service for compensation for the participating employer, whether as an employee or under a contract; and
    (d) retires from a participating employer that is different than the participating employer with the position in which the person serves. See Utah Code 49-11-1202
  • Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
  • Participating employer: means a participating employer, as defined by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges' Noncontributory Retirement Act, or an agency financed in whole or in part by public funds which is participating in a system or plan as of January 1, 2002. See Utah Code 49-11-102
  • 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
  • Phased retirement: means continuing employment:
    (a) on a half-time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance; or
    (b) on a three-quarter time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance if the retiree is employed as a public safety service employee or a firefighter service employee. See Utah Code 49-11-1301
  • Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
  • Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
  • Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
  • POLST order: means an order, on a form designated by the Department of Health under Section 75-2a-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75-2a-103
  • 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
  • Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Reasonably available: means :
    (a) readily able to be contacted without undue effort; and
    (b) willing and able to act in a timely manner considering the urgency of the circumstances. See Utah Code 75-2a-103
  • reemployment: means work or service performed for a participating employer after retirement, in exchange for compensation. See Utah Code 49-11-1202
  • 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.
  • Retiree: means an individual who has qualified for an allowance under this title. See Utah Code 49-11-102
  • Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102
  • retirement allowance: means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity. See Utah Code 49-11-102
  • Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. See Utah Code 49-11-102
  • Service credit: means :
    (a) the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and
    (b) periods of time otherwise purchasable under this title. See Utah Code 49-11-102
  • 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
  • Statute: A law passed by a legislature.
  • Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:
    (a) specific preferences expressed by the adult:
    (i) when the adult had the capacity to make health care decisions; and
    (ii) at the time the decision is being made;
    (b) the surrogate's understanding of the adult's health care preferences;
    (c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
    (d) to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75-2a-103
  • Surrogate: means a health care decision maker who is:
    (a) an appointed agent;
    (b) a default surrogate under the provisions of Section 75-2a-108; or
    (c) a guardian. See Utah Code 75-2a-103
  • Surviving spouse: means :
    (a) the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or
    (b) a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102
  • System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System. See Utah Code 49-11-102
  • Three-quarter time: means :
    (a) a firefighter service employee whose employment normally requires an average of 1,560 hours of regularly scheduled firefighter service per year;
    (b) a public safety service employee whose employment normally requires an average of 1,560 hours of regularly scheduled public safety service per year; and
    (c) for a retiree who was employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, three quarters of that regularly scheduled work period as long as the retiree has continuing employment in that same position. See Utah Code 49-11-1301
  • Tier II: includes :
    (i) the Tier II hybrid system established under:
    (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
    (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
    (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
    (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
    (B) Chapter 23, Part 4, Tier II Defined Contribution Plan. See Utah Code 49-11-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5