Part 1 Actions – Right to Sue and Be Sued 78B-3-101 – 78B-3-110
Part 2 Nonresident Jurisdiction Act 78B-3-201 – 78B-3-209
Part 3 Place of Trial — Venue 78B-3-301 – 78B-3-311
Part 4 Utah Health Care Malpractice Act 78B-3-401 – 78B-3-426
Part 5 Limitation of Therapist’s Duty to Warn 78B-3-501 – 78B-3-502
Part 6 Compensation for Harm Caused by Nuclear Incidents 78B-3-601 – 78B-3-604
Part 7 Damages Regarding Injury to or Theft of Assistance Animal 78B-3-701 – 78B-3-703
Part 8 Death from Illegal Drug Use 78B-3-801

Terms Used In Utah Code > Title 78B > Chapter 3

  • Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 53B-24-102
  • Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 53B-24-102
  • 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.
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Audiologist: means a person licensed to practice audiology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403
  • Board: means the State Board of Regents established in Section 53B-1-103. See Utah Code 53B-1-101.5
  • Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 53B-24-102
  • Certified social worker: means a person licensed to practice as a certified social worker under Section 58-60-205. See Utah Code 78B-3-403
  • Chiropractic physician: means a person licensed to practice chiropractic under Title 58, Chapter 73, Chiropractic Physician Practice Act. See Utah Code 78B-3-403
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Clinical social worker: means a person licensed to practice as a clinical social worker under Section 58-60-205. See Utah Code 78B-3-403
  • Commissioner: means the commissioner of insurance as provided in Section 31A-2-102. See Utah Code 78B-3-403
  • 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.
  • 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.
  • Council: means the Medical Education Council created under Section 53B-24-302. See Utah Code 53B-24-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dental hygienist: means a person licensed to engage in the practice of dental hygiene as defined in Section 58-69-102. See Utah Code 78B-3-403
  • Dentist: means a person licensed to engage in the practice of dentistry as defined in Section 58-69-102. See Utah Code 78B-3-403
  • Dependent: A person dependent for support upon another.
  • Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Occupational and Professional Licensing created in Section 58-1-103. See Utah Code 78B-3-403
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • Future damages: includes a judgment creditor's damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering. See Utah Code 78B-3-403
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Harm: means :
    (a) personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section 78B-3-603;
    (b) damage to, destruction of, or loss of the use of property other than property at the situs of and used in connection with the activity giving rise to a nuclear incident;
    (c) economic loss due to:
    (i) damage to or loss of the use of property; or
    (ii) environmental degradation; or
    (d) expenses reasonably incurred by the state, its political subdivisions, or the agencies of either in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident, including, but not limited to, precautionary evacuations, emergency response measures, and, after reasonable opportunity for performance of cleanup measures by persons liable pursuant to Section 78B-3-603, decontamination or other clean-up measures. See Utah Code 78B-3-602
  • Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, health care facilities owned or operated by health maintenance organizations, and end stage renal disease facilities. See Utah Code 78B-3-403
  • Health care professionals in training: means medical students and residents, advance practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 53B-24-102
  • Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
  • Hospital: means a public or private institution licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 78B-3-403
  • 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
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Licensed athletic trainer: means a person licensed under Title 58, Chapter 40a, Athletic Trainer Licensing Act. See Utah Code 78B-3-403
  • Licensed direct-entry midwife: means a person licensed under the Direct-entry Midwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102. See Utah Code 78B-3-403
  • Licensed practical nurse: means a person licensed to practice as a licensed practical nurse as provided in Section 58-31b-301. See Utah Code 78B-3-403
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Malpractice action against a health care provider: means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider. See Utah Code 78B-3-403
  • Naturopathic physician: means a person licensed to engage in the practice of naturopathic medicine as defined in Section 58-71-102. See Utah Code 78B-3-403
  • Nuclear incident: means an incident which does not arise from an act of war and involves the release of nuclear material which results in personal injury, loss of use of property, or damage due to the radioactive, toxic, explosive, or other hazardous properties of the nuclear material. See Utah Code 78B-3-602
  • Nuclear material: means radioactive material used or handled in connection with:
    (a) a utilization facility or production facility licensed by the United States Nuclear Regulatory Commission in accordance with 42 U. See Utah Code 78B-3-602
  • Nurse-midwife: means a person licensed to engage in practice as a nurse midwife under Section 58-44a-301. See Utah Code 78B-3-403
  • Oath: includes "affirmation. 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.
  • Optometrist: means a person licensed to practice optometry under Title 58, Chapter 16a, Utah Optometry Practice Act. See Utah Code 78B-3-403
  • Osteopathic physician: means a person licensed to practice osteopathy under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403
  • 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.
  • Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403
  • Periodic payments: means the payment of money or delivery of other property to a judgment creditor at intervals ordered by the court. See Utah Code 78B-3-403
  • Person: means :Utah Code 68-3-12.5
  • Pharmacist: means a person licensed to practice pharmacy as provided in Section 58-17b-301. See Utah Code 78B-3-403
  • Physical therapist: means a person licensed to practice physical therapy under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403
  • Physical therapist assistant: means a person licensed to practice physical therapy, within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical Therapy Practice Act. See Utah Code 78B-3-403
  • Physician: means a person licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act. See Utah Code 78B-3-403
  • Physician assistant: means a person licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 78B-3-403
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Podiatric physician: means a person licensed to practice podiatry under Title 58, Chapter 5a, Podiatric Physician Licensing Act. See Utah Code 78B-3-403
  • Postsecondary institution: means an institution that provides educational services offered primarily to persons who have completed or terminated their secondary or high school education or who are beyond the age of compulsory school attendance. See Utah Code 53B-25-102
  • 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
  • Practitioner of obstetrics: means a person licensed to practice as a physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 78B-3-403
  • 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.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Medical Education Program created under Section 53B-24-202. See Utah Code 53B-24-102
  • 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.
  • Psychologist: means a person licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102. See Utah Code 78B-3-403
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive material: means :
    (a) source material as defined in 42 U. See Utah Code 78B-3-602
  • real property: includes :Utah Code 68-3-12.5
  • Registered nurse: means a person licensed to practice professional nursing as provided in Section 58-31b-301. See Utah Code 78B-3-403
  • Representative: means the spouse, parent, guardian, trustee, attorney-in-fact, person designated to make decisions on behalf of a patient under a medical power of attorney, or other legal agent of the patient. See Utah Code 78B-3-403
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Search and rescue dog: means a dog:
    (a) with documented training to locate persons who are:
    (i) lost, missing, or injured; or
    (ii) trapped under debris as the result of a natural or man-made event; and
    (b) affiliated with an established search and rescue dog organization. See Utah Code 78B-3-701
  • Service animal: means :
    (a) a service animal, as defined in Section 62A-5b-102; or
    (b) a search and rescue dog. See Utah Code 78B-3-701
  • 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
  • Social service worker: means a person licensed to practice as a social service worker under Section 58-60-205. See Utah Code 78B-3-403
  • Speech-language pathologist: means a person licensed to practice speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act. See Utah Code 78B-3-403
  • 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.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • therapist: means :
    (1) a psychiatrist licensed to practice medicine under Section 58-67-301, Utah Medical Practice Act or under Section 58-68-301, Utah Osteopathic Medical Practice Act;
    (2) a psychologist licensed to practice psychology under Section 58-61-301;
    (3) a marriage and family therapist licensed to practice marriage and family therapy under Section 58-60-304;
    (4) a social worker licensed to practice social work under Section 58-60-204;
    (5) a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and
    (6) a clinical mental health counselor licensed to practice professional counseling under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act. See Utah Code 78B-3-501
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tort: means any legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another. See Utah Code 78B-3-403
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unanticipated outcome: means the outcome of a medical treatment or procedure that differs from an expected result. See Utah Code 78B-3-403
  • 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
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